Ripon City Council Minutes
TUESDAY, AUGUST 12, 2025 – 6:00 PM
REGULAR MEETING
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 Chris Williams gave the invocation.
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, Information Systems Technician Elizabeth Farnam, Lauren Christopher, Kelly Donohue, Rod Wright.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of July 8, 2025.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
A. CITY COUNCIL - REGULAR MEETING - JUL 8, 2025 6:00 PM City Council Page 2 August 12, 2025
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [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
(July 2024 $345,645.29)
FY 2025-26 YTD: $381,013
FY 2024-25 YTD: $345,645
Highway Users Tax
(June 2024 $38,210.74)
FY 2024-25 YTD: $452,862
FY 2023-24 YTD: $440,944
SB1 Street & Road Tax
(July 2024 $33,257.82)
FY 2025-26 YTD: $36,567
FY 2024-25 YTD: $33,258
$381,013.12
$38,390.04
$36,566.50
TOTAL $455,969.66
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2025 $1,336.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment - June 2025 $2,986.12
D. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – June 2025 $15,959.07
City Council Page 3 August 12, 2025
1.2. Bills, Invoices, Payments
A. BASECAMP ENVIRONMENTAL, INC.
Arc Way Development Project Environmental
(Reimbursed by Developer)
Invoice #52530
Invoice #52718
Invoice #52779
$2,406.25
$812.50
$2,850.00
TOTAL $6,068.75
B. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2025-2026 1st Quarter Deposits $815,061.00
C. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 296558 $225.00
D. GROVER LANDSCAPE SERVICES, INC.
Landscape Repair Project
Progress Payment – Invoice #4 $40,142.25
E. KNIFE RIVER CONSTRUCTION
Ripona Resurface Project
Progress Payment – Invoice #1 $209,629.85
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July 2025 Invoice #AR115438 $2,845.36
G. MCR ENGINEERING
Inspection Services for the Meadowood Subdivision Project Progress Payment – Invoice #21207 $9,000.00
H. LSC TRANSPORTATION CONSULTANTS, INC.
Short Range Transit Plan
Progress Payment – Invoice #71958 $5,000.00
I. SIEGFRIED ENGINEERING, INC.
Civil Design Services for the N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #50258 $585.50
J. WOODARD & CURRAN
Waste Water Treatment Plant Planning Report Update
Progress Payment – Invoice #250848 $23,010.42
K. ESTATE DESIGN AND CONSTRUCTION, INC.
Senior Center Rehabilitation Project
Progress Payment – Invoice #3 $117,875.14
City Council Page 4 August 12, 2025
L. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2nd Quarter 2025 - Invoice #2025Q2 $8,867.73
M. SOUTH SAN JOAQUIN IRRIGATION DISTRICT
Water Capacity Fee Study Reimbursement
Invoice #0009243 $2,300.00
N. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #36432 $1,055.00
O. LAW OFFICE OF THOMAS H. TERPSTRA JR.
General Matters
Police Department
Private Development
$20,711.50
$767.00
$7,745.00
TOTAL $29,223.50
P. OPENGOV, INC.
Building Permit Software Annual Subscription
Invoice # INV20840 $34,723.83
Q. PROVOST & PRITCHARD CONSULTING GROUP
Water Loss Audit Validation (FY23/24)
Progress Payment – Invoice #118925
Progress Payment – Invoice #119572
Progress Payment – Invoice #120346
$825.00
$825.00
$1,100.00
TOTAL $2,750.00
R. CALIFORNIA CAD SOLUTIONS, INC.
GIS Software Module - Public Works Street Light Data Project Invoice #701822 $7,700.00
S. STONE CREEK ENVIRONMENTAL CONSULTING
State Mandated Trash Implementation Plan
Progress Payment – Invoice #02629 $760.00
T. JOHN ANDOH
Transit Consulting Services
Progress Payment – Invoice #25-03 $3,200.00
U. SKW & ASSOCIATES
Architectural Review for Meadowood
(Reimbursed by Developer)
Progress Payment – Invoice #207610 $2,160.00
City Council Page 5 August 12, 2025
1.3. Resolutions
A. RESOLUTION NO. 25-26
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to CNG Station Capital Reserve Fund,
and (3) General Fund to PERS
Contingency Fund for the 2024-2025
fiscal year.
B. RESOLUTION NO. 25-27
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
FOR STREET MAINTENANCE AND
REPAIRS
This resolution authorizes the transfers of
certain street and road revenue sources to
(1) offset the fiscal year 2024-2025
expenses of street and road maintenance
and repairs and (2) transfer street and
road revenue to the Street and Road
Reconstruction Reserve fund.
C. RESOLUTION NO. 25-28
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVES AMENDMENTS TO
THE CENTRAL SAN JOAQUIN
VALLEY RISK MANAGEMENT
AUTHORITY JOINT POWERS
AGREEMENT
This resolution adopts the resolution
approving the CSJVRMA Amended and
Restated Joint Powers Agreement that
has been updated to (1) define terms
more clearly, (2) the creation of a captive
agency in the future, and (3) designate a
member agency whose municipal code
restrictions would apply to the operations
of the CSJVRMA Joint Powers
Authority.
1.4. Miscellaneous Items
A. 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 years 2024/2025 and 2025/2026 in
the not to exceed amount of $5,500
(funding source: Water Operating
Fund).
City Council Page 6 August 12, 2025
B. SUBDIVISION IMPROVEMENT AGREEMENT AMENDMENT NO. 1
Lennar Homes of California Approve and authorize the Mayor to sign Amendment No. 1 of the
Subdivision Improvement Agreement
between the City of Ripon and Lennar
Homes of California that assigns the
obligations of the South San Joaquin
Irrigation District Master Encroachment
Agreement to Lennar Homes of
California.
C. COMMUNITY CENTER TENNIS COURTS
Consolidated Engineering, Inc. Accept the work completed by Consolidated Engineering, Inc. and
authorize the filing of a Notice of
Completion with retention ($21,488.94)
to be paid 35 days after recording of
notice.
D. DELTA REGIONAL MONITORING PROGRAM
Storm Water General Permit Approve and authorize the annual payment of $5,150 to the Delta Regional
Monitoring Program for the City of
Ripon’s participation in this program, as
required by the City’s State Storm
Water Phase II General Permit (funding
source: Sewer Operating Fund).
E. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2024 - June 30, 2025 Accept the City’s annual investment report for the period ending June 30,
2025.
F. LIEBERT CASSIDY WHITMORE
Agreement for Special Services
Employment Relations Consortium
Membership (July 2025 - June 2026)
Approve and authorize the Mayor to
sign the agreement with Liebert Cassidy
Whitmore for employment relations
training & consulting services and
approve payment of the annual
membership dues in the amount of
$2,865.00 (funding source: General
Fund).
G. CLAIM
Eric Ruiz Deny the claim filed by Eric Ruiz.
City Council Page 7 August 12, 2025
H. MASTER LICENSING AGREEMENT
Symbium Corporation Approve and authorize the Mayor to
sign the Master Licensing Agreement
with Symbium Corporation to provide
online solar permitting software for
residential solar energy systems (no
fiscal impact).
I. PROCLAMATION
San Joaquin County Board of
Supervisors
Present a proclamation to San Joaquin
County recognizing its 175th
Anniversary.
J. PROCLAMATION
Ripon Christian High School Present a proclamation to Ripon Christian High School recognizing its
outstanding athletic accomplishments.
K. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding
athletic accomplishments.
**END OF CONSENT CALENDAR**
PRESENTATION OF PROCLAMATIONS
San Joaquin County Board of Supervisors Chairman Canape said he had the idea to mark San Joaquin County’s 175th anniversary with visits across the County, including a stop in Supervisor Rickman’s district, to honor local communities and their leaders. He described Ripon native June Sand’s original County seal design and a new seal created by a youth in juvenile hall, symbolizing the County’s growth and future. Canape recognized several County representatives, staff and administrators who were present and highlighted some of the County’s achievements including serving over 800,000 residents, employing 8,000 people, and registering over 400,000 voters.
San Joaquin County Supervisor Rickman said he has seen how hard the members of the Council work to secure state and federal funding for roads, transportation and infrastructure. He said this milestone honored the County’s shared history, progress and vision for the future, with special pride in Ripon’s journey from a small riverside settlement to the almond capital of the world.
Philip Merlo, Executive Director of the San Joaquin County Historical Museum said that the region’s agricultural history is nationally significant, with fertile soils and strong irrigation systems making it one of the best places in the world for small business farming. He added that diverse communities, including Dutch, Portuguese, and Swiss-Italian immigrants, have built their American dream here, and that remembering this history fosters civic pride.
City Council Page 8 August 12, 2025
Connie Jorgensen, Curator for the Clarence Smit Museum and Ripon Historical Society, shared that the Almond Blossom Festival began in 1963 following the 1962 Simpson Paper Company celebration, and that the upcoming event will mark its 64th year. She noted the festival has evolved over time, once featuring activities such as wrestling matches, tractor pulls, yo-yo contests and almond tastings, with anywhere from four to ten queen candidates.
Chairman Canape presented a Certificate of Recognition to the City of Ripon.
Mayor de Graaf presented a proclamation to Chairman Canape honoring San Joaquin County’s 175th Anniversary.
de Graaf presented a proclamation to Ripon Christian High School, recognizing the Ripon Christian Boys’ Volleyball team and the Co-Ed Tennis team for their outstanding athletic accomplishments.
de Graaf presented a proclamation to Ripon High School, recognizing the Ripon High School Boys’ Golf Team, Varsity Boys’ Track and Field team, the Varsity Girls’ Track and Field team and Starla Skiles for their outstanding athletic accomplishments.
2. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF
RIPON FIXING THE AMOUNT OF
MONEY TO BE RAISED BY
TAXATION AND THE RATE OR
RATES OF TAX THEREFORE
NECESSARY TO CARRY ON THE
VARIOUS FUNCTIONS AND
DEPARTMENTS OF THE CITY OF
RIPON AND REPEALING ALL
ORDINANCES IN CONFLICT
THEREWITH
This ordinance sets the amount of money
raised by taxes necessary to carry on the
various functions of the City of Ripon.
(City tax rate: $0.00)
City Clerk Roos said this annual ordinance certifies the 2025/2026 appropriation limits, or GANN limits, confirming that the City’s tax revenues remain below the maximum allowed under Proposition 4 passed in 1979.
Motion to waive the second reading and adopt Ordinance 931 setting the amount of money raised by taxes necessary to carry on the various functions of the City of Ripon.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
City Council Page 9 August 12, 2025
REPORTS
Department Heads:
Police Chief Sauer said there is an Area of Responsibility (AOR) meeting for Area 3 at 7:00 PM in the Emergency Operations Center on August 13, 2025.
Sauer said officers will be in attendance at First Responder’s Night on August 14, 2025 at the Ripon Farmers Market.
Planning Director Zuidervaart said the Housing Element was adopted and is in compliance. He said there will be several action items forthcoming as a result.
Zuidervaart said there will not be a Planning Commission meeting in August.
Public Works Director Pease reported that July water usage was down 27% compared to 2013 figures, and 14% from last year.
Pease said that the large item pickup program is still underway, and residents can sign up for a one-time pickup of up to four items through September.
City Council:
Council Member Zuber said he has had great feedback from residents regarding the street work being completed. He said it is more than he has seen at one time.
Vice Mayor Barton said he wanted to thank Connie Jorgensen for her comments and echo her appreciation for Kelly Donohue. He also wanted to thank staff for their hard work.
Mayor de Graaf said Ripon is a wonderful town with wonderful people. de Graaf thanked everyone who attended the meeting.
CLOSED SESSION
CLOSED SESSION: The closed session meeting was called to order at 6:35 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, City Clerk Lisa Roos.
City Council Page 10 August 12, 2025
IN THE MATTER OF:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9(d)(1) of the California Government Code. (3 cases) (a) Liberty Self Storage, L.P. v. City of Ripon; Ripon Consolidated Fire District Case #: STK-CV-UWM-2025-0007527
(b) City of Ripon v. David Hegarty
Case #: STK-CV-UED-2025-7194
(c) California Sportfishing Protection Alliance v. Easter San Joaquin Groundwater Authority
Case #: CV-20-001720
Return to open session.
City Attorney Terpstra said the Council met in closed session to approve invoices for the litigation matters listed in the agenda. No other reportable action was taken.
There being no further business, the meeting was adjourned at 6:40 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, JULY 08, 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 Attorney Tom Terpstra Jr., City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 – 3 cases.
Return to open session.
City Attorney Terpstra Jr. said Council met in closed session 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 David Morris gave the invocation.
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
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 2 July 8, 2025
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., Planning Director Ken Zuidervaart, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Kelly Donohue.
PUBLIC DISCUSSION:
Emil Guillermo, Ripon Poet Laureate, stated that he had a poem to read and proceeded to do so.
Guillermo said he will be reading at the Ripon Farmers Market on July 10th after the regular reading and writing workshop at the Library at 4:30 pm.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of June 10, 2025.
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 - JUN 10, 2025 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 3 July 8, 2025
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(June 2024 $286,317.12)
FY 2024-25 YTD: $4,283,226
FY 2023-24 YTD: $4,458,117
Highway Users Tax
(May 2024 $40,331.08)
FY 2024-25 YTD: $414,472
FY 2023-24 YTD: $402,733
SB1 Street & Road Tax
(June 2024 $37,328.06)
FY 2024-25 YTD: $431,269
FY 2023-24 YTD: $402,936
$300,696.00
$39,377.38
$37,368.47
TOTAL $377,441.85
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
June 2025 $1,336.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment - May 2025 $7,786.07
1.2. Bills, Invoices, Payments
A. CALIFORNIA CAD SOLUTIONS, INC.
GIS Software Assessor Update
Progress Payment FY 2024-2025
Invoice #701836
GIS Subscription FY 2025-2026
Invoice #701829
$1,662.50
$5,940.00
TOTAL $7,602.50
B. LAW OFFICE OF THOMAS H. TERPSTRA JR.
General Matters
Private Development
Police Department
$4,750.50
$1,105.00
$2,743.50
TOTAL $8,599.00
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
May 2025 Invoice #AR115406
June 2025 Invoice #AR115407
$2,570.88
$2,344.90
TOTAL $4,915.78
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 4 July 8, 2025
D. PRICE PAIGE & COMPANY
Audit Services FY 2024-2025
Final Payment – Invoice #36183 $1,215.00
Audit Services FY 2025-2026
Progress Payment – Invoice #36257 $6,085.00
TOTAL: $7,300.00
E. STONE CREEK ENVIRONMENTAL CONSULTING
State Mandated Trash Implementation Plan
Progress Payment – Invoice #02609 $206.25
F. PADILLA & ASSOCIATES
Disadvantaged Business Enterprise Reporting Services
Progress Payment – Invoice #23-111-04 $825.00
G. BASECAMP ENVIRONMENTAL, INC.
South County Water Connection Project Environmental
Progress Payment – Invoice #52841 $5,973.25
H. LSC TRANSPORTATION CONSULTANTS, INC.
Short Range Transit Plan
Progress Payment – Invoice #71839 $7,735.00
I. PAVLETIC CONSULTING, LLC
Five-Year Utility Rates Plan (2026 - 2030)
Progress Payment – Invoice #202502-01 $5,760.00
J. STANTEC CONSULTING SERVICES, INC.
Well 9 Evaluation and Condition Assessment
Progress Payment – Invoice #2414822 $4,265.20
K. ESTATE DESIGN AND CONSTRUCTION, INC.
Senior Center Rehabilitation Project
Progress Payment – Invoice #2 $40,197.59
L. CONDOR EARTH TECHNOLOGIES, INC.
Fleet Maintenance Facility and Fueling Station –
Spill Prevention, Control and Countermeasure Plan
Progress Payment – Invoice #92262 $1,300.00
M. CORONA ENVIRONMENTAL CONSULTING, LLC
2024 Consumer Confidence Report Assistance
Progress Payment – Invoice #U-9000
Progress Payment – Invoice #U-9084
$4,152.50
$4,932.50
TOTAL $9,085.00
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 5 July 8, 2025
N. GROVER LANDSCAPE SERVICES, INC.
Landscape Repair Project
Progress Payment – Invoice #3 $42,283.93
1.3. Resolutions
A. RESOLUTION NO. 25-20
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSIT SYSTEM TRIENNIAL
PERFORMANCE AUDIT FOR THE
THREE YEARS PERIOD ENDING
JUNE 30, 2024
This resolution accepts the Triennial
Performance Audit of the City of Ripon
Transit System for the three years ending
June 30, 2022, June 30, 2023 and June
30, 2024, prepared by Moore &
Associates, Inc.
B. RESOLUTION NO. 25-21
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE 2025 RIPON
SEWER SYSTEM MANAGEMENT
PLAN UPDATE
This resolution adopts the 2025 Ripon
Sewer System Management Plan Update.
This provides the work plan for
managing the sanitary sewer in a manner
consistent with the State Water Resource
Control Board requirements.
C. RESOLUTION NO. 25-22
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE CITY OF RIPON
EMPLOYEE COMPENSATION
PLAN FOR FISCAL YEAR 2025 -
2026 FOR ALL ADMINISTRATIVE
STAFF, NON-REPRESENTED
POLICE DEPARTMENT
EMPLOYEES, AND PART-TIME
RECREATION EMPLOYEES
This resolution adopts the Employee
Compensation Plan for Fiscal Year 2025
- 2026 for all administrative staff, nonrepresented Police Department employees, and part-time recreation
employees.
1.4. Miscellaneous Items
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc. Accept the work completed by Diede Construction, Inc. and authorize the
filing of a Notice of Completion with
retention ($596,501) to be paid 35 days
after recording of notice.
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 6 July 8, 2025
B. PHONE SYSTEM UPGRADE
8x8 Amend the agreement authorizing the
purchase of a new phone system and
infrastructure in the not to exceed
amount of $24,823.04 and approve the
and authorize the Mayor to sign the
three-year service contract in the not to
exceed amount of $26,532.24 annually
(funding source: General Fund-85%,
Water Fund-8%, Sewer Fund-6%, and
Garbage Fund-1%).
C. LANDSCAPE REPAIR PROJECT
Grover Landscape Services, Inc.
Change Order No. 2
Approve Change Order No. 2 in the not
to exceed amount of $422,705.00 for
landscaping/irrigation improvements in
6 additional locations and the painting
of decorative street lights, arches, and
trellises on Main Street, Stockton Ave,
and the Community Center (funding
sources: Miscellaneous Department
Capital Fund ($187,382) and Street and
Road Fund ($235,323)).
D. REIMBURSEMENT AGREEMENT
Lawson Drayage Inc. Approve and authorize the Mayor to
sign the Lawson Drayage Inc.
Reimbursement Agreement that
provides reimbursement for staff time
and CEQA consultants to respond to an
application to operate an industrial
storage yard focused on the handling,
storage, and logistical coordination of
large-scale battery energy storage
systems, including Tesla Megapack
units, as well as other heavy industrial
equipment located at 222 and 350 East
Fourth Street.
E. ANNUAL MILITARY EQUIPMENT REPORT
July 1, 2024 - June 30, 2025 Accept the City’s annual military equipment report for the year ending
June 30, 2025.
**END OF CONSENT CALENDAR**
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 7 July 8, 2025
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
1. ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2025-2026 FOR THE CITY OF
RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
RESOLUTION NO. 25-23
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DETERMINING THE AMOUNT OF
AND APPROVING THE LEVY OF THE
ANNUAL ASSESSMENTS FOR THE
FISCAL YEAR 2025-2026 FOR THE
CITY OF RIPON'S TEN LANDSCAPE
MAINTENANCE DISTRICTS
LOCATED IN THE COUNTY OF SAN
JOAQUIN, CALIFORNIA.
This is a public hearing to set the amount
and give approval of the levy of the annual
assessments for the City of Ripon’s ten
Landscape Maintenance Districts.
Recommended Action: Authorize the
Mayor to sign and execute any and all
documents necessary and to forward these
documents to the County Assessor’s Office
in order to place the assessment on the
county tax rolls.
City Administrator Werner said the Carolina’s and Alexandra’s Districts are the only districts with a proposed increase of $12.50 and $9.34, annually.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve Resolution 25-23 determining the amount of and approving the levy of the annual assessment for the fiscal year 2025-2026 for the City of Ripon’s ten Landscape Maintenance Districts and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 8 July 8, 2025
2. ANNUAL ASSESSMENT FOR THE FISCAL YEAR 2025-2026 FOR THE CITY OF
RIPON LIGHTING DISTRICT
RESOLUTION NO. 25-24
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DETERMINING THE AMOUNT OF
AND APPROVING THE LEVY OF THE
ANNUAL ASSESSMENT FOR THE
FISCAL YEAR 2025-2026 FOR
ASSESSMENT DISTRICT NO. 05-1,
CITY OF RIPON, COUNTY OF SAN
JOAQUIN, CALIFORNIA, COMMONLY
KNOWN AS CITY OF RIPON
LIGHTING DISTRICT
This is a public hearing to set the amount
and give approval of the levy of the annual
assessment for the City of Ripon Lighting
District.
Recommended Action: Authorize the
Mayor to sign and execute any and all
documents necessary and to forward these
documents to the County Assessor’s Office
in order to place the assessment on the
county tax rolls.
City Administrator Werner said the City assumed responsibility of the Lighting District from San Joaquin County in 2005 and the assessment has been set at $42 per single family equivalent.
Council Member Zuber said the City is going to need to look at better ways to fund the District. Werner confirmed and said the City would need to go through a Proposition 218 process in order to raise the assessment.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve Resolution 25-24 determining the amount of and approving the levy of the annual assessment for the fiscal year 2025-2026 for the City of Ripon’s Lighting District and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 9 July 8, 2025
3. FISCAL YEAR 2025-2026 BUDGET
RESOLUTION NO. 25-25
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE CITY OF RIPON
FISCAL YEAR 2025-2026 OPERATING
AND CAPITAL BUDGET
This is a public hearing for the proposed
Fiscal Year 2025-2026 City Operating and
Capital Budget.
Recommended Action: This resolution
adopts the City of Ripon Fiscal Year 2025-
2026 Budget.
City Administrator Werner presented a powerpoint summary of the 2025-26 Budget saying this is the last step of the budget process and then reviewed the completed steps. Werner pointed out that there are many different funds that the City uses.
Werner said the City budget allocates funding to meet City Council priorities. There have been many important policy decisions made by this City Council and past Councils that have established prudent fiscal policies that continue to provide consistent services to the community, including a new approach to street and road maintenance, several public safety matters, and strategies to maintain services during potential short-term economic downturns.
Werner said over the past 12 years, revenues and expenses in the General Fund have risen at proportionate levels, but over the last three years, revenues have grown by an average of 4% annually while expenses have risen by about 7.3%. He said this imbalance was discussed at the strategic planning meeting, along with the major factors driving expense growth and the planned steps to address the issue in the coming year.
Werner summarized the transfers that will be made from the General Fund and the accounts to which they will be made. He explained that the City is currently experiencing a period where expenses are rising faster than revenues. Although the General Fund remains balanced, this trend has impacted the transfer to the Department Capital Fund. Based on staff’s calculations, the transfer should have been $540,000 this year, but only $363,000 could be allocated.
Werner said the budget also includes about $450,000 to support various local organizations and services, including the San Joaquin Partnership, the Library, Museum, Aquatic Center (shared with the school district), the Chamber of Commerce for the Almond Blossom Festival, and an agreement with the Fire District for hazardous material mitigation, consistent with last year’s allocations.
Werner reviewed proposed Street and Road capital projects for fiscal year 2025-26 including Area 2 and the River Road overlay.
Vice Mayor Barton asked if Area 3 will be the most expensive area. Werner confirmed and said the City has received grants to reconstruct several areas of Area 3.
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 10 July 8, 2025
Werner highlighted some of the upcoming Capital Improvements including several improvements at the Community Center, Well 3 treatment system, and the rehabilitation of Well 9. He said towards the middle of 2026 staff hopes to begin the Second Street Safe Route to School project.
Motion to approve Resolution 25-25 adopting the Fiscal Year 2025-2026 Operating and Capital Budget.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
3. ORDINANCES
First Reading and Adoption
A. ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF
RIPON FIXING THE AMOUNT OF
MONEY TO BE RAISED BY
TAXATION AND THE RATE OR
RATES OF TAX THEREFORE
NECESSARY TO CARRY ON THE
VARIOUS FUNCTIONS AND
DEPARTMENTS OF THE CITY OF
RIPON AND REPEALING ALL
ORDINANCES IN CONFLICT
THEREWITH
This ordinance sets the amount of money
raised by taxes necessary to carry on the
various functions of the City of Ripon.
(City tax rate: $0.00)
City Clerk Roos said this ordinance will be for 1st reading and introduction not 1st reading and adoption as the Agenda noted.
Roos said this is an annual ordinance required to certify the 2025-2026 appropriation limits also known as the GANN limits saying that the taxes collected by the City are below the ceiling that is allowed based upon the rates set by Proposition 4 passed in 1979.
On behalf of the public, Roos read the following public comment received via email:
Marty Harris shared that he and his wife are Ripon homeowners, joined by five of their children, their spouses, and 21 grandchildren. Citing a July 1, 2025 CalMatters article, he raised concerns about California’s rollback of environmental laws, which exempts certain high-tech and water projects from CEQA.
Harris questioned what powers the City of Ripon has to assess and manage drainage and environmental impacts under the new law, who decides if CEQA applies, and who is ultimately responsible for downstream impacts: federal, state, local, or private parties. He also asked what new taxes might follow.
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 11 July 8, 2025
Harris said with SGMA mandates, rising housing demands, unstaffed firehouses, and aging infrastructure, he believes the best path forward is shared services and increased local investment by paying higher taxes. He asked otherwise, who will pay and who will take control of Ripon’s water rights.
Motion to waive the first reading and introduce Ordinance 931 setting the amount of money raised by taxes necessary to carry on the various functions of the City of Ripon.
RESULT: FIRST READING [UNANIMOUS] Next: 8/12/2025 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
REPORTS
Department Heads:
Council Member Zuber asked Police Chief Sauer regarding illegal fireworks, whether drone use might be something to consider in the future. Zuber said that since returning from out of town after the Fourth of July, he had received mixed feedback from residents regarding fireworks, some reported it was quieter than in previous years, while others felt it was noisier in certain areas. Sauer said that the Police Department responded to 17 fireworks related incidents, resulting in one citation. He said according to the Sergeant, it was a relatively quiet night overall, especially compared to neighboring cities. He added that he had been in Modesto that evening and observed significant fireworks activity there, whereas Ripon remained relatively calm.
Sauer said he does not believe drone use is necessary at this time; however, the Department had one drone pilot on duty and was prepared to deploy a drone if a reoccurring issue had arisen at a specific location. He said that deploying a drone would mean pulling an officer off street patrol, which is not ideal. Sauer contrasted Ripon's situation with larger cities that have greater resource demands and larger geographic areas.
Council expressed skepticism about the effectiveness and cost-efficiency of using helicopters or drones strictly for firework enforcement, stating it may not be a prudent use of resources.
Planning Director Zuidervaart said there will not be a Planning Commission Meeting this July.
Public Works Director Pease reported that June water usage was down 15% compared to 2013 figures, and down 1% from last year.
Pease said that the large item pickup program is still underway, and residents can sign up for a one-time pickup of up to four items through September.
Pease said construction to repair the Stanislaus River Bike Bridge has begun.
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes) City Council Page 12 July 8, 2025
City Council:
Council Member Restuccia said that next year will mark the 250th anniversary of the United States and shared that this year’s Independence Day felt especially meaningful. He suggested that, since the City already hosts National Night Out as a community event, it would be fitting to also hold a City-wide celebration in honor of our Country’s 250th birthday. He said he is not sure what such an event would look like or how it would be organized; he would like it to be considered.
Vice Mayor Barton said he wanted to highlight two local businesses that are off to a strong start.
First, he praised Legacy Fitness Club, saying that the parking lot is often full, which is a great sign for both the business and the community. Barton said, as a former Planning Commissioner, he recalled some initial concerns about the Cask and Barrel, but the owners followed through on their commitments and delivered a high-quality establishment Ripon can be proud of.
Barton also reflected on the Country’s upcoming 250th anniversary, acknowledging the deep political divisions currently facing the nation that too often lead to violence. He said that while media and social platforms tend to exacerbate these tensions, he is grateful that Ripon remains largely united in its vision for a safe, thriving community. He emphasized that there is no place in Ripon for those who use politics to divide or incite violence.
Mayor de Graaf shared a recent experience while traveling, noting that when people learned he was from California, the response was often negative. He explained that he would clarify he was from Ripon, a small town tucked between some of the state’s more chaotic areas like the Bay Area and L.A. He said as he explained more about Council, staff, and the way the City is run, it reminded him how fortunate he is to be part of such a well-run, close-knit community. He thanked everyone who helps make Ripon the wonderful place it is, and said it makes him proud, not just to be from Ripon, but to be an American.
de Graaf thanked everyone who attended the meeting.
There being no further business, the meeting was adjourned at 6:40 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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Minutes Acceptance: Minutes of Jul 8, 2025 6:00 PM (Approval of Minutes)
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Attachment: 2025 05 advance (4751 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400465 and 2400465AIssue Date: July 8, 2025Fiscal Year: 2024-2025Collection Period: May 24, 2025 - June 23, 2025Description: 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 Adjustment Payment Amount Year To Date
Ripon City Treasurer 15,988 $12,271.25 $8,654.68 $5,504.21 $11,959.90 $0.00 $0.00 $38,390.04 $0.00 $0.00 $38,390.04 $452,861.97
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Attachment: fy2425_6hwycityra (4751 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2400477 and 2400477A
Issue Date: July 22, 2025
Fiscal Year: 2024-2025
Collection Period: June 01, 2025 - June 30, 2025
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 $36,566.50 $395,979.90
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Attachment: rmra_cities_remit_2425_july25 (4751 : State of California)
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Attachment: CCATT (4765 : CCATT Holdings)
1.1.C.a
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Attachment: WASTE MANAGEMENT (4755 : Waste Management)
202506 Total
CR Cash Receipts 1 Commercial $ 28,817.80 $ 28,817.80
CR Cash Receipts 2 Roll Off $ 8,508.65 $ 8,508.65
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 37,326.45 $ 37,326.45 FFA Franchise Fee Payable 1 Franchise Fees Due $ 2,986.12 $ 2,986.12 FFA Franchise Fee Payable 2 $ -
FFA Franchise Fee Payable 3 $ -
FFA Franchise Fee Payable 4 $ -
FFA Franchise Fee Payable 5
FFA Franchise Fee Payable TTL Total Franchise Fee Payable $ 2,986.12 $ 2,986.12 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 2,986.12
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended June 2025
Section Description Line Description
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
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Attachment: WASTE MANAGEMENT (4755 : Waste Management)
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Attachment: GILTON (4784 : Gilton Solid Waste Management, Inc.)
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Attachment: GILTON (4784 : Gilton Solid Waste Management, Inc.) Basecamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
+12092248213
[email protected]
INVOICE
BILL TO
3163 - Arc Way Gas Station
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52530
DATE 06/30/2024
DUE DATE 07/30/2024
TERMS Net 30
PROJECT
Ripon Arc Way Station
PERIOD DESCRIPTION QTY RATE AMOUNT
02/19/2024 CSU
Stanislaus,
$150.00 +
10% markup
1 165.00 165.00
06/30/2024 Principal 4.75 225.00 1,068.75
06/30/2024 Senior
Environmental
Planner
2 180.00 360.00
06/30/2024 WP and
Graphics
6.50 125.00 812.50
Services through the invoice date. Continuing work
on CEQA Initial Study. Thank you. We appreciate
your business.
BALANCE DUE $2,406.25
Pay invoice K. Zuidervaart
7/31/2025
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Attachment: Invoice 52530 (4696 : BaseCamp Environmental, Inc.) Basecamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
+12092248213
[email protected]
INVOICE
BILL TO
Ripon Community
Development
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52718
DATE 12/01/2024
DUE DATE 12/31/2024
TERMS Net 30
PROJECT
Arc Way Station
PERIOD DESCRIPTION QTY RATE AMOUNT
Principal 2.50 225.00 562.50
WP and
Graphics
2 125.00 250.00
Services through the invoice date. Thank you. We
appreciate your business.
BALANCE DUE $812.50
Pay invoice
K. Zuidervaart
7/31/2025
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Attachment: Invoice 52718 (4696 : BaseCamp Environmental, Inc.) Basecamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
+12092248213
[email protected]
INVOICE
BILL TO
3163 - Arc Way Gas Station
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52779
DATE 03/01/2025
DUE DATE 03/31/2025
TERMS Net 30
PROJECT
Arc Way Station
PERIOD DESCRIPTION QTY RATE AMOUNT
Principal 4 225.00 900.00
WP and
Graphics
4 125.00 500.00
Assistant
Planner
10 145.00 1,450.00
Services through the invoice date. Thank you. We
appreciate your business.
BALANCE DUE $2,850.00
Pay invoice
K. Zuidervaart
7/31/2025
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Attachment: Invoice 52779 (4696 : BaseCamp Environmental, Inc.) Please make check payable to CSJVRMA and remit payment to the above address.
Delinquent amounts shall be assessed a 1% penalty plus interest at a rate of 10% per annum.
CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact
Joe Roy, Finance Manager or Vlad Tsering, Accounting Associate [email protected] (916) 244-1155 ~ [email protected] (916) 244-1141
CSJVRMA INVOICE
1750 Creekside Dr Invoice #: INV0315
Suite 200 Invoice Date: 07/01/2025
Sacramento, CA 95833 Due Date: 09/02/2025
Bill To:
CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366
United States
2025/26 1st Quarter Deposits
Description Amount
1st Quarter Workers' Compensation Program $170,646.00
1st Quarter Liability Program $136,509.00
Auto Physical Damage Program $105,108.00
Low Value Vehicle Coverage Program $390.00
Property Program $387,061.00
Employee Assistance Program $2,348.00
General Administration $9,900.00
Crime Sheild Program $3,099.00
Amount Due $815,061.00
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Attachment: CSJVRMA INV0315 1st Quarter (4722 : CSJVRMA 2025/2026 1st Quarter)
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 296558
May 31, 2025
Client/Matter No.: RI234-00001
Re: General
Billing Summary
Total Fees $225.00
Total Costs $0.00
Total Charges $225.00
Total Balance Due: $225.00
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Attachment: LCW - 296558 (4737 : Liebert Cassidy Whitmore Bill) CONTRACTOR: Grover Landscape Services, Inc.
PROJECT: Landscape Repair Project
PROJECT DESCRIPTION:
INVOICE NO: 4
DATE: 7/31/2025
ORIGINAL CONTRACT AMOUNT: $217,755.00 PREVIOUSLY BILLED AMOUNT: $217,755.00 LESS RETENTION: $10,887.75
APPROVED CONTRACT CHANGES: $501,465.00 PREVIOUSLY PAID AMOUNT: $206,867.25 CURRENT INVOICED AMOUNT: $42,255.00
LESS RETENTION: $2,112.75
TOTAL CONTRACT AMOUNT: $719,220.00 CURRENT AMOUNT DUE: $40,142.25 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $260,010.00 LESS RETENTION: $13,000.50
TOTAL PAID TO DATE: $247,009.50
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $459,210.00
Approx. % Complete: 36%
INVOICE SUMMARY
The replacement of landscape in various locations throughout the City of Ripon.
CONTRACT INFORMATION BILLING INFORMATION
Work completed includes replacement of landscaping along Fulton Avenue, Hoff Drive, and Doak Boulevard
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Attachment: Invoice 4_Grover Landscape Services,Inc (4757 : Grover Landscape Services, Inc.) CONTRACTOR: Knife River Construction
PROJECT: Ripona Resurface Project
PROJECT DESCRIPTION:
INVOICE NO: 1
DATE: 7/31/2025
ORIGINAL CONTRACT AMOUNT: $1,521,980.00 PREVIOUSLY BILLED AMOUNT: $0.00 LESS RETENTION: $0.00
APPROVED CONTRACT CHANGES: $0.00 PREVIOUSLY PAID AMOUNT: $0.00 CURRENT INVOICED AMOUNT: $220,663.00
LESS RETENTION: $11,033.15
TOTAL CONTRACT AMOUNT: $1,521,980.00 CURRENT AMOUNT DUE: $209,629.85 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $220,663.00 LESS RETENTION: $11,033.15
TOTAL PAID TO DATE: $209,629.85
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $1,301,317.00
Approx. % Complete: 14%
INVOICE SUMMARY
The project includes 8 miles of roads that are planned to receive a chip/slurry seal resurfacing and 400 feet of roads that require reconstruction. Roads include Ripona Ave., Milgeo Ave., Shasta Ave., N. Ripon Rd., and other streets north of Hwy 99 and south of Colony Rd.
CONTRACT INFORMATION BILLING INFORMATION
Jobsite preparations beginning, inlet protections and construction signage posted. Half of streets crack seal progress completed, and all pavement markings in area have been removed.
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Attachment: Invoice 1_Knife River Construction (4758 : Knife River Construction)
SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue Invoice Date: 8/05/2025
Stockton, CA 95202 Terms: Due upon receipt
Phone (209) 948-5566 Federal ID#: 94-1563999
To: CITY OF RIPON
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVE.,
RIPON, CA 95366
Trans Date Quantity Unit Cost Amount
8/5/2025 JULY 2025 49.98 56.93 2,845.36
TAX 0.00
Total Due 2,845.36
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - Invoice Number: AR115438
Please make checks payable to: Customer Number: C01524
Terms: Due upon receipt
SAN JOAQUIN RTD Total Amount Due $ 2,845.36
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________
INVOICE
Invoice Number: AR115438
Customer Number: C01524
Description
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
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Attachment: Invoice AR115438 _SJRTD (4759 : SJRTD)
Project: City of Ripon Inspection Services 2025 Invoice Date: 7/15/2025 Job No: 25-043 Invoice No.: 21207
Billed to: City of Ripon Remit to: MCR Engineering, Inc. 259 N. Wilma Avenue 1242 Dupont Court
Ripon, California 95366 Manteca, California 95336
Email: [email protected]
Services for the above referenced project represent work performed through No. Task Description Qty Total
1. MEADOWOOD SUBDIVISION INSPECTION EA $9,000.00
Current Billing: $9,000.00
Previously Billed: $4,500.00
Payments Received: $4,500.00
Balance Due: $9,000.00
BILLING STATUS:
DAYS 90+ TOTAL
AMOUNT $0.00 $9,000.00
5/31/25
$0.00
0-30 61-90
$9,000.00
31-60
$0.00
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Attachment: Invoice 21207_MCR Engineering (4760 : MCR Engineering) Project: City of Ripon Inspection Services 2025 Invoice Date: 7/15/2025 Job No: 25-043 Invoice No.: 21207
Billed to: City of Ripon Remit to: MCR Engineering, Inc. 259 N. Wilma Avenue 1242 Dupont Court
Ripon, California 95366 Manteca, California 95336
Email: [email protected]
PROJECT BILLING REPORT
No. Task Description Total
1. MEADOWOOD SUBDIVISION INSPECTION EA $9,000.00
Contract Amount: Time & Materials:
Previously Invoiced: $4,500.00
Total Billed to Date: $13,500.00
Construction Inspector 60.0 hrs @ $150.00 = $9,000.00
$9,000.00
TOTAL: $9,000.00
. . . Attend pre-construction meeting and project meetings.
Perform inspection services for storm drain, sewer, and nonpotable water systems.
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Attachment: Invoice 21207_MCR Engineering (4760 : MCR Engineering)
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Attachment: Invoice 71958_LSC Transportation Consultants, Inc (4761 : LSC Transportation Consultants, Inc.)
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Attachment: Invoice 71958_LSC Transportation Consultants, Inc (4761 : LSC Transportation Consultants, Inc.) Siegfried Engineering, Inc. - 3428 Brookside Road, Stockton, CA 95219 tel:(209) 943-2021 - fax:(209) 942-0214 - tax ID #94-1648794 This is an invoice for professional services and is due upon presentation. Any amounts not paid within thirty (30) days of the billing date shall be considered delinquent and shall bear a service charge, from date of billing, of one and one-half percent (1 1/2 %) per month on the unpaid balance.
Page: 1 of 1
City of Ripon
Attn: James Pease
259 N. Wilma Ave
Ripon, CA 95366
3001 Topographic & Boundary Survey 17,000.00 0.00 0.00 0.00 1004 Project Management & Coordination
with COR
18,000.00 585.50 0.00 585.50
1003 Construction Documents (100%) 40,000.00 0.00 0.00 0.00 1002 Design Development (60%) 25,000.00 0.00 0.00 0.00
1001 Schematic Design (30%) 25,000.00 0.00 0.00 0.00
Contract Total 125,000.00 585.50 0.00 585.50
Item Description
Contract
Amount Billed To Date
Previously
Billed Current Billed
Principal 2.00 250.00 $500.00
Engineer Designer II .50 171.00 $85.50
Professional Services Subtotal 2.50 $585.50
Professional Services
Employee Type Hours Rate Amount
1004 Subtotal $585.50
1004 - Project Management & Coordination with COR
Total Invoice Amount $585.50
Contract: 25119
River Rd and N Ripon Rd Traffic Signal & Intersection Improvements Effort for kickoff meeting and coordination on project survey.
Invoice Number: 50258
Date: 7/14/2025
Engineering Services through June 29, 2025
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Attachment: Invoice 50258_Siegfried Engineering, Inc (4762 : Siegfried Engineering, Inc.) Spencer Schroen June 26, 2025
Civil Engineer Tech Project No: 0012971.00
City of Ripon Invoice No: 250848
259 N. Wilma Avenue
Ripon, CA 95366
Project 0012971.00 RIPON - WWTP PLANNING REPORT UPDATE
Contract Amount: $181,985.00
Completed to Date: $23,010.42
Previous Fee: $0.00
Current Fee: $23,010.42
Contract Balance: $158,974.58
Professional Services for the period ending June 20, 2025 Phase 001 REVIEW EXISTING SYSTEM
Professional Personnel
Hours Rate Amount
Engineer 1
Martin, Mabel 1.50 215.00 322.50
Project Manager 2
Sands, Gregory 4.50 335.00 1,507.50
Senior Technical Leader
Rai, Harpreet 12.75 365.00 4,653.75
Totals 18.75 6,483.75
Labor Total 6,483.75
Total this Phase $6,483.75
Please include our invoice number in your remittance. Thank you.
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Attachment: Invoice 250848_Woodard & Curran (4763 : Woodard & Curran) Project 0012971.00 RIPON - WWTP PLANNING REPORT UPDATE Invoice 250848 Phase 002 UPDATE FLOWS AND LOADS
Professional Personnel
Hours Rate Amount
Senior Technical Leader
Rai, Harpreet 2.50 365.00 912.50
Totals 2.50 912.50
Labor Total 912.50
Total this Phase $912.50
Phase 003 REGULATORY REVIEW
Professional Personnel
Hours Rate Amount
Senior Technical Leader
Rai, Harpreet 1.00 365.00 365.00
Totals 1.00 365.00
Labor Total 365.00
Total this Phase $365.00
Phase 004 REVIEW & ENHANCE ALTERNATIVES
Professional Personnel
Hours Rate Amount
Senior Technical Leader
Rai, Harpreet 18.50 365.00 6,752.50
Totals 18.50 6,752.50
Labor Total 6,752.50
Total this Phase $6,752.50
Please include our invoice number in your remittance. Thank you. Page 2
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Attachment: Invoice 250848_Woodard & Curran (4763 : Woodard & Curran) Project 0012971.00 RIPON - WWTP PLANNING REPORT UPDATE Invoice 250848 Phase 007 PROJECT MANAGEMENT & COORDINATION
Professional Personnel
Hours Rate Amount
Engineer 3
Werner, Logan 3.00 265.00 795.00
Senior Practice Leader
Richardson, David 3.50 385.00 1,347.50
Project Assistant
Fields, Vybrant 3.50 155.00 542.50
Ravipati, Karina .50 155.00 77.50
Thomas, Demetrice .75 155.00 116.25
Project Manager 2
Sands, Gregory 2.50 335.00 837.50
Senior Technical Leader
Rai, Harpreet 13.00 365.00 4,745.00
Totals 26.75 8,461.25
Labor Total 8,461.25
Reimbursable
Vehicle Expenses
5/27/2025 Rai, Harpreet Drive to Ripon 32.20
Reimbursable Total 1.1 times 32.20 35.42
Total this Phase $8,496.67
Total this Invoice $23,010.42
Current Fee Previous Fee Total
Project Summary 23,010.42 0.00 23,010.42
Approved by:
Gregory Sands, PE
Project Manager 2
Woodard & Curran
Please include our invoice number in your remittance. Thank you. Page 3
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Attachment: Invoice 250848_Woodard & Curran (4763 : Woodard & Curran) 95 Third Street | 2nd Floor
San Francisco, California 94103
www.woodardcurran.com
T 800.426.4262
T 415.321.3400
PROGRESS REPORT AND PAYMENT REQUEST
TO: Spencer Schroen – City of Ripon
CC: Dede Thomas – Woodard & Curran
FROM: Greg Sands, PE – Woodard & Curran
DATE: July 9, 2025
RE: For Services Through June 20, 2025
WWTP Planning Report Update
Invoice Number: 250848
Invoice Amount: $23,010.42
Below is a summary of the work completed and ongoing for the City of Ripon’s WWTP Planning Report update (W&C Job# 0012971.00) through the subject billing period.
1. Work Accomplished During the Reporting Period
a. Kickoff meeting
b. Project controls
c. Began review of existing information
d. Began regulatory review task
e. Began assessment of prior planning documents recommendations f. Developed template for deliverables
2. Key Assumptions, Decisions, and/or Possible Changes
a. Not applicable this period
3. Anticipated Upcoming Work
a. Complete review of existing information
b. Develop a strategy for future projections and gain project team consensus c. Continue reviews of nearby, relevant regulatory permits d. Routine project check-in meeting
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Attachment: Invoice 250848_Woodard & Curran (4763 : Woodard & Curran)
City of Ripon 2 Woodard & Curran, Inc.
Project Number 0012971.00 July 9, 2025
4. Budget Status
Task
# Task Name Budget Previously Billed
Invoiced
This
Period
Total
Expended
Budget
Remaining
Percent
Expended
1 Review
Existing
System
$24,125 $0 $6,484 $6,484 $17,641 27%
2 Update Flows
and Loads $16,940 $0 $913 $913 $16,028 5%
3 Regulatory
Review $9,295 $0 $365 $365 $8,930 4%
4 Review &
Enhance
Alternatives
$48,920 $0 $6,753 $6,753 $42,168 14%
5 Capital
Improvement
& Financial
Planning
$30,685 $0 $0 $0 $30,685 0%
6 Report
Writing &
Deliverables
$32,915 $0 $0 $0 $32,915 0%
7 Project
Management
&
Coordination
$19,105 $0 $8,497 $8,497 $10,608 44%
Total $181,985 $0 $23,011 $23,011 $158,974 13%
5. Attachments
a. Invoice #250848 for the period ending June 20, 2025.
If there are any questions or concerns regarding this invoice, please let us know.
_____________________________________
Greg Sands, P.E.
Project Manager
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Attachment: Invoice 250848_Woodard & Curran (4763 : Woodard & Curran) CONTRACTOR: Estate Design and Construction, Inc.
PROJECT: Senior Center Rehabilitation Project
PROJECT DESCRIPTION:
INVOICE NO: 3
DATE: 7/31/2025
ORIGINAL CONTRACT AMOUNT: $348,000.00 PREVIOUSLY BILLED AMOUNT: $108,426.25 LESS RETENTION: $5,421.31
APPROVED CONTRACT CHANGES: $2,000.00 PREVIOUSLY PAID AMOUNT: $103,004.94 CURRENT INVOICED AMOUNT: $124,079.10
LESS RETENTION: $6,203.96
TOTAL CONTRACT AMOUNT: $350,000.00 CURRENT AMOUNT DUE: $117,875.14 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $232,505.35 LESS RETENTION: $11,625.27
TOTAL PAID TO DATE: $220,880.08
INVOICE SUMMARY
Remaining Contract Amount: $117,494.65
Approx. % Complete: 66%
INVOICE SUMMARY
Landscaping, exterior renovation and installation of pergola pre-purchased by the City at the Ripon Senior Center.
CONTRACT INFORMATION BILLING INFORMATION
Concrete flatwork and flatwork repairs completed. Landscaping work began, irrigation line installation completed and landscaping surface improvements are in progress, with all trees planted. Electrical work for outside lighting and powering of pergola completed, as well as pergola installation. Gates are placed, awaiting wall installation to be completed.
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Attachment: Invoice 3_Estate Design & Construction, Inc (4764 : Estate Design and Construction, Inc.)
INVOICE
P.O. Box 747 DATE: June 30, 2025
Ripon, CA 95366 INVOICE # RIPON 2025Q2
Due: Upon receipt
Bill To:
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 8,867.73
TOTAL $ 8,867.73
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
DESCRIPTION
SSJGSA expenses 04/01/2025 - 06/30/2025
City of Ripon Portion = 10% of $88,677.33
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Attachment: 2025 Q2 Ripon (4766 : South San Joaquin Groundwater Sustainability Agency) General Ledger
Summary Trial Balance
User: [email protected]
Printed: 07/11/2025 - 2:00PM
Period: 04 to 06, 2025
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 770.00
60-010-6406-00 Legal Expense 34,320.00
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 888.56
60-010-6550-00 Taxes, Licenses & Permits 0.00
60-010-6702-00 Membership Fees & Dues 24,324.00
60-010-6703-00 Travel Expenses 0.00
60-010-6704-00 Public Relations 0.00
60-010-6820-00 SSJID Expense Reimbursements 28,374.77
60-010 EXPENSE Totals: 88,677.33
GL-Summary Trial Balance (7/11/2025 - 2:00 PM)
SSJID 75,375.73 85%
CITY OF RIPON 8,867.73 10%
CITY OF ESCALON 4,433.87 5%
TOTAL 88,677.33
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Attachment: 2025 Q2 Ripon (4766 : South San Joaquin Groundwater Sustainability Agency)
1.2.M.a
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Attachment: SSJID Reimbursement (4767 : South San Joaquin Irrigation District)
1.2.M.a
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Attachment: SSJID Reimbursement (4767 : South San Joaquin Irrigation District)
1.2.M.a
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Attachment: SSJID Reimbursement (4767 : South San Joaquin Irrigation District)
1.2.N.a
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Attachment: Price Paige (4768 : Price Paige & Company)
Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00066
Matter General
Date of Issue 07/29/2025
Payment Terms Due Date
Due Date 08/28/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$20,711.50 due 08/28/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
06/26/2025 Tom Terpstra Continue reviewing Symbium
contract. Call with RMA and
conversations with T. Hatch
and K. Zuidervaart re same.
Send to K. Werner for review.
$295.00 3.9 $1,150.50
06/27/2025 Tom Terpstra Review draft agenda.
Correspondence with staff re
fee adoption.
$295.00 0.7 $206.50
06/30/2025 Tom Terpstra Weekly meeting with K.
Werner re City matters.
$295.00 1.2 $354.00
06/30/2025 Tom Terpstra Continue working on audit
response.
$295.00 0.5 $147.50
07/03/2025 Tom Terpstra Correspondence with staff
and attorney re West Valley
Concrete project.
Conversation with K. Werner
re same.
$295.00 0.5 $147.50
07/03/2025 Tom Terpstra Review staff memorandum re
Fleet Maintenance Facility
contractor dispute. Call from
K. Werner re same. Review
corresponding documents
and advise re Notice of
Completion approval.
$295.00 3.1 $914.50
07/07/2025 Tom Terpstra Weekly meeting with K.
Werner re City matters.
$295.00 0.5 $147.50
07/07/2025 Tom Terpstra Begin reviewing $295.00 0.9 $265.50
1.2.O.a
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) correspondence re West
Valley Concrete permit issue.
07/08/2025 Tom Terpstra Prepare for and attend
Council meeting and closed
session.
$295.00 1.7 $501.50
07/08/2025 Tom Terpstra Review Gann limit ordinance
and other agenda items.
Conference with L. Roos and
K. Werner re same.
$295.00 1.9 $560.50
07/09/2025 Tom Terpstra Complete audit letter and
send to Price Paige &
Company.
$295.00 0.8 $236.00
07/09/2025 Tom Terpstra Continue reviewing West
Valley Concrete dispute
information. Call with K.
Werner re same.
$295.00 1.9 $560.50
07/10/2025 Tom Terpstra Call with West Valley attorney
re dispute, conference with K.
Werner re same. Call THT re
same. Review additional
correspondence from staff re
permit. Correspondence with
attorney re same.
$295.00 3.1 $914.50
07/10/2025 Tom Terpstra Review permits and site
plans, research re vesting of
rights, and meet with K.
Werner re status of West
Valley Concrete permitting.
$295.00 3.4 $1,003.00
07/11/2025 Tom Terpstra Correspondence with E.
DeHart and West Valley
Concrete attorney re
improvement dispute.
$295.00 0.8 $236.00
07/14/2025 Tom Terpstra Review correspondence from
West Valley Concrete
attorney, begin working on
response.
$295.001 $295.00
07/15/2025 Tom Terpstra Continue working on
response to West Valley
Concrete. Conversations with
K. Zuidervaart and S. Schroen
re same. Research re same.
$295.00 4.2 $1,239.00
07/16/2025 Tom Terpstra Continue preparing response
for West Valley Concrete. Call
with E. DeHart and meetings
with S. Schroen re same.
Research re same.
$295.00 3.9 $1,150.50
07/17/2025 Tom Terpstra Call with K. Werner re
sidewalk letter from resident.
$295.00 0.2 $59.00
07/17/2025 Tom Terpstra Calls with K. Werner and THT
re West Valley Concrete.
Conference with K.
Zuidervaart re same.
Continue research re same.
$295.00 5.2 $1,534.00
07/18/2025 Tom Terpstra Continue working on
response to West Valley
Concrete and send to THT for
review.
$295.00 5.5 $1,622.50
07/21/2025 Tom Terpstra Finalize response to attorney
re West Valley Concrete.
$295.00 2.5 $737.50
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) 07/21/2025 Tom Terpstra Weekly meeting with K.
Werner re legal matters.
$295.00 0.6 $177.00
07/21/2025 Tom Terpstra Review and begin responding
to letter from resident re
sidewalks.
$295.00 1.5 $442.50
07/22/2025 Tom Terpstra Numerous calls with K.
Werner, Chief Sauer, and
opposing attorney re
encroachment issue with
West Valley Concrete.
Conference with THT re
same. Meetings with K.
Werner and Police
Department re citation. Draft
and review correspondence
to owner and his attorney re
enforcement action.
$295.00 5.4 $1,593.00
07/23/2025 Tom Terpstra Multiple conversations with
K. Werner re West Valley
Concrete, calls and emails to
applicant's attorney, strategy
call with THT re same.
$295.00 4.1 $1,209.50
07/24/2025 Tom Terpstra Multiple calls and emails with
applicant's attorney re West
Valley Concrete, strategy
meetings with K. Werner re
same.
$295.00 2.5 $737.50
07/25/2025 Tom Terpstra Conference and calls with K.
Werner re West Valley
Concrete encroachment; call
with THT re same.
$295.00 1.7 $501.50
07/25/2025 Tom Terpstra Begin drafting response to
Upshaw re sidewalk
responsibility.
$295.00 1.5 $442.50
Time Entries Total: 64.7 $19,086.50
Expense Entries
Date Description Rate Qty Line Total
07/25/2025 Invoice #0438 from Law Office of Thomas H.
Terpstra. Paid in full by Law Office of Thomas H.
Terpstra Jr.
$325.00 5.00 $1,625.00
Expenses Total: 5 $1,625.00
Total $20,711.50
Amount Due $20,711.50
Outstanding Invoices
Number Due Date Amount Payments Balance
00066 (current) 08/28/2025 $20,711.50 $0.00 $20,711.50
Outstanding Balance $20,711.50
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00068
Matter Police Department
Date of Issue 07/29/2025
Payment Terms Due Date
Due Date 08/28/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$767.00 due 08/28/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
06/27/2025 Tom Terpstra Discuss records request with
C. Caro. Respond to same.
$295.00 0.9 $265.50
07/15/2025 Tom Terpstra Correspondence from
Manteca City Attorney's office
re misdirected citation,
correspondence with C. Caro
re citation.
$295.00 0.4 $118.00
07/16/2025 Tom Terpstra Conference with C. Caro re
citations, review court
calendar re monthly court
date.
$295.00 0.7 $206.50
07/17/2025 Tom Terpstra Correspondence with C. Caro
re record request
$295.00 0.2 $59.00
07/23/2025 Tom Terpstra Correspondence with C. Caro
re J. Kelly citation. Review
court calendar re plea status.
$295.00 0.4 $118.00
Time Entries Total: 2.6 $767.00
Total $767.00
Amount Due $767.00
Outstanding Invoices
Number Due Date Amount Payments Balance
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) 00068 (current) 08/28/2025 $767.00 $0.00 $767.00
Outstanding Balance $767.00
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00069
Matter Lawson Drayage, Inc.
Private Development
Date of Issue 07/29/2025
Payment Terms Due Date
Due Date 08/28/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$3,612.50 due 08/28/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
05/28/2025 Tom Terpstra Call with M. Hakeem re
permit application for battery
storage facility. Research re
same.
$325.00 0.8 $260.00
06/05/2025 Tom Terpstra Calls with THT re
development application and
CEQA applicability.
$325.00 0.4 $130.00
06/27/2025 Tom Terpstra Begin reviewing and revising
Guntert reimbursement
agreement.
$325.00 0.9 $292.50
06/30/2025 Tom Terpstra Conferences with THT re
reimbursement agreement
with Guntert. Review same.
$325.00 1.5 $487.50
07/01/2025 Tom Terpstra Work on reimbursement
agreement with Guntert.
Discuss remedies for failure
to pay with THT.
$325.00 2.5 $812.50
07/02/2025 Tom Terpstra Review and revise Guntert
reimbursement agreement.
Call with K. Werner re same.
Call with THT re same.
$325.00 2.4 $780.00
Time Entries Total: 8.5 $2,762.50
Expense Entries
Date Description Rate Qty Line Total
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) 07/25/2025 Invoice #0440 from the Law Office of Thomas H.
Terpstra. Paid in full by the Law Office of Thomas
H. Terpstra Jr.
$425.00 2.00 $850.00
Expenses Total: 2 $850.00
Total $3,612.50
Amount Due $3,612.50
Outstanding Invoices
Number Due Date Amount Payments Balance
00069 (current) 08/28/2025 $3,612.50 $0.00 $3,612.50
Outstanding Balance $3,612.50
1.2.O.a
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00065
Matter Meadowood -
Private Development
Date of Issue 07/29/2025
Payment Terms Due Date
Due Date 08/28/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$4,132.50 due 08/28/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
06/26/2025 Tom Terpstra Begin reviewing Lennar
Encroachment Assignment
contract.
$325.00 0.3 $97.50
06/27/2025 Tom Terpstra Review and revise
assignment of SSJID
Encroachment Permit. Send
to K. Werner for review.
$325.00 1.4 $455.00
07/02/2025 Tom Terpstra Correspondence with SSJID
attorney re Master
Encroachment Permit.
$325.00 0.6 $195.00
07/03/2025 Tom Terpstra Call to SSJID attorney re
encroachment permit,
conference with K. Werner re
same.
$325.00 1 $325.00
07/15/2025 Tom Terpstra Call from K. Werner re SSJID
permit. Call and email to
SSJID counsel re same.
$325.00 0.4 $130.00
07/16/2025 Tom Terpstra Correspondence with SSJID
counsel re Master
Encroachment Permit.
$325.00 0.5 $162.50
07/18/2025 Tom Terpstra Correspondence with SSJID
attorney re Master
Encroachment Permit,
correspondence with D.
Green re same.
$325.00 0.9 $292.50
07/21/2025 Tom Terpstra Review correspondence from
SSJID attorney re Master
$325.00 0.6 $195.00
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) Encroachment Permit.
Conference with THT re
same.
07/22/2025 Tom Terpstra Meeting with K. Werner re
encroachments on SSJID
property. Begin drafting
correspondence with SSJID
attorney re processing.
$325.00 0.3 $97.50
07/23/2025 Tom Terpstra Multiple conversations with
K. Werner re SSJID
encroachment,
correspondence with SSJID
attorney re same, review SIA
and DA re developer
obligations for permits.
$325.00 2 $650.00
07/24/2025 Tom Terpstra Review MEA and strategize
possible paths forward.
Review correspondence from
SSJID and speak with K.
Werner re same.
$325.00 1.5 $487.50
07/25/2025 Tom Terpstra Conference with THT re
SSJID Master Encroachment
Permit.
$325.00 0.6 $195.00
Time Entries Total: 10.1 $3,282.50
Expense Entries
Date Description Rate Qty Line Total
07/25/2025 Invoice #0439 from Law Office of Thomas H.
Terpstra. Paid in full by Law Office of Thomas H.
Terpstra Jr.
$425.00 2.00 $850.00
Expenses Total: 2 $850.00
Total $4,132.50
Amount Due $4,132.50
Outstanding Invoices
Number Due Date Amount Payments Balance
00065 (current) 08/28/2025 $4,132.50 $0.00 $4,132.50
Outstanding Balance $4,132.50
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Attachment: July 2025 City of Ripon Invoices - THT Jr. Law (4769 : Law Office of Thomas H. Terpstra Jr.) Invoice: INV20840
OpenGov.com 1 of 1
OpenGov, Inc.
660 3rd Street
Suite 100
SAN FRANCISCO CA 94107
United States
Invoice Date: 7/10/2025
Due Date: 8/9/2025
Terms: Net 30
Bill To Details:
Ken Zuidervaart
City of Ripon, CA
259 N. Wilma Avenue
Ripon CA 95366
United States
[email protected]
Charge Summary
Description Service Period Qty Amount Tax Amount Total
Contractor License Verification 7/2/2025 - 7/1/2026 1 2,218.20 0.00 2,218.20 Permitting & Licensing: Add-On
Bundle
7/2/2025 - 7/1/2026 1 6,847.38 0.00 6,847.38
Permitting and Licensing -
Building Permits & Inspectional
Services Additional Service Area
7/2/2025 - 7/1/2026 1 25,658.25 0.00 25,658.25
Subtotal $34,723.83
Tax (0%) $0.00
Invoice Total (USD) $34,723.83
Credits/Payments $0.00
Amount Due $34,723.83
Payment Instructions
Payment by ACH (Preferred): Payment by Wire Transfer:
Beneficiary: OpenGov, Inc.
Credit Account Number: 957538686
Routing Number: 322271627
Beneficiary: OpenGov, Inc.
Routing Number: 021000021
Account Number: 957538686
Bank Address: New York, NY 10017
Express Mail (FedEx/UPS): US Mail:
Attn: OpenGov, Inc.
Lockbox #103366
2710 Media Center Dr.
Bld #6, STE #120
Los Angeles, CA 90065
OpenGov, Inc.
PO Box 103366
Pasadena, CA 91189-3366
When submitting payment please reference INV20840. For any billing inquiries please email [email protected].
1.2.P.a
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Attachment: Invoice - OpenGov 2025-2026 Annual Subscription (4771 : OpenGov, Inc.)
1.2.Q.a
Packet Pg. 66
Attachment: P&P Invoices (4772 : Provost & Pritchard Consulting Group)
1.2.Q.a
Packet Pg. 67
Attachment: P&P Invoices (4772 : Provost & Pritchard Consulting Group)
1.2.Q.a
Packet Pg. 68
Attachment: P&P Invoices (4772 : Provost & Pritchard Consulting Group) Invoice
Date
4/25/2025
Invoice #
701822
Bill To
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
Ship To
City of Ripon - Public Works
259 N. Wilma Ave.
Ripon, CA 95366
P.O. Number Terms
Net 30
Rep
RK
Total
Subtotal
Sales Tax (0.0%)
P.O. Box 4779
Modesto, CA 95352
209-578-5580
www.calcad.com
Item Description Qty Cost Total
Street Light Data Enhancement Project (Per Quote 605810 2/6/25) Service Update Street Light inventory Including Location & ID - Make the Light Poles the mappable feature, not each individual light - Reposition assets to the base location of pole supporting the light - Work with City personnel to resolve issue of duplicate identifiers - Work with City personnel to resolve issue of missing Assets - Discuss framework for future updating of inventory and asset locations 1 5,250.00 5,250.00
Service Make Street Light attribute information editable - Create Database to include data fields City personnel want to track - Pre-fill database with information from City-supplied data files - Credit edit forms to allow selected City personnel to update information - Work with City personnel to for optimal data symbolization 1 2,450.00 2,450.00
$7,700.00
$7,700.00
$0.00
J. Pease
7/31/2025
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Attachment: Invoice_701822 (4777 : California CAD Solutions, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $760.00
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $610.76 $18,889.24 $18,129.24 $760.00 BUDGET TOTALS $19,500.00 $610.76 $18,889.24 $18,129.24 $760.00 TOTAL AMOUNT DUE $760.00
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: 8/4/25
Due Date: 9/3/25
Total Amount: $760.00
Number: 02629
Invoice Period: 07/01/25 - 07/31/25
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice
J. Pease
8/12/25
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Attachment: 2025.08.04 Invoice (4781 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Krista
McDon
ald
7/22/2
5 GIS Trash
Implementation Plan
Update PLU map. 2.00 $195.0
0 $390.00
GIS 2.00 $390.00
Colleen
Hunt
7/28/2
5 Technical
Professional
Services II
Trash
Implementation Plan
Map updates 0.50 $185.0
0 $92.50
Colleen
Hunt
7/22/2
5 Technical
Professional
Services II
Trash
Implementation Plan
Updates to PLU map; trash map;
revised calculations.
1.50 $185.0
0 $277.50
Technical Professional Services II 2.00 $370.00
Professional Fees 4.00 $760.00
TOTAL FEES/EXPENSES -- $760.00
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: 8/4/25
Due Date: 9/3/25
Total Amount: $760.00
Number: 02629
Invoice Period: 07/01/25 - 07/31/25
Terms: Net 30
Project Code: 045
WalletLink
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Attachment: 2025.08.04 Invoice (4781 : Stone Creek Environmental Consulting) John Andoh
1500 Crossing Place, Apt 415, Austin, TX 78741
(209) 321-1334
Carla Rodriguez
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Date Description Hours Hourly Rate Subtotal
3/31/2025 March 2025 FY 24/25 Transit Assistance 10.00 50.00 $ 500.00 $ 4/30/2025 April 2025 FY 24/25 Transit Assistance 12.00 50.00 $ 600.00 $ 5/30/2025 May 2025 FY 24/25 Transit Assistance 21.50 50.00 $ 1,075.00 $ 6/30/2025 June 2025 FY 24/25 Transit Assistance 15.50 50.00 $ 775.00 $ 7/31/2025 July 2025 FY 25/26 Transit Assistance 5.00 50.00 $ 250.00 $ Subtotal $3,200.00
TOTAL DUE $3,200.00
Activities conducted in March:
Activities conducted in April:
Activities conducted in May:
Responded to questions and emails regarding transit with Carla and Caltrans. Completed FTA Section 5311 grant,
drafted Transit Budget, set up National Transit Database reporting, updated Carla on Drug and Alcohol upcoming
audit
Responded to questions and emails regarding transit with Carla, DBE reporting, answered questions about transit
RFPs, finalized DAMIS reporting
Responded to questions and emails regarding transit with Carla, provided advice about FTA Section 5307 funds to
Christiana, finalize DBE report
INVOICE 25-03
Customer
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Attachment: Invoice 25-03_John Andoh (4782 : John Andoh) Activities conducted in June:
Activities conducted in July:
Finalized quote for new 5339 bus, responded to questions related to 5311 and 5339 award to City of Ripon, Caltrans and SJCOG, updated BlackCat with documents required for grant including insurance, operator contract and certifications and assurances
Responded to questions via email to City of Ripon, provided grant informaiton to SRTP consultant, submitted contract documents for RTD amendment #8
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Attachment: Invoice 25-03_John Andoh (4782 : John Andoh) Invoice
DATE
8/4/2025
INVOICE #
207610
BILL TO
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
SKW & Associates
P.O. Box 579570
Modesto, CA 95357
Project TERMS
Due on receipt
SKW JOB #
25M005
2095238323
Web Site
www.skwassociates.com
Total
Balance Due
[email protected]
DESCRIPTION HOURS RATE AMOUNT
Meadowood Subdivision
W. Colony Road and Fulton Avenue
Ripon, CA
Architectural Review of Floor Plans and Elevation
February 26, 2025 thru June 25, 2025
Progress Billing 2,160.00 2,160.00
DUE ON RECEIPT. FINANCE CHARGE ON PAST DUE AMOUNT 1.5% PER MONTH, (18% APR). $2,160.00
$2,160.00
*Paid through Reimbursement Agreement with Lennar Homes*
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Attachment: Invoice 207610 (4783 : SKW & Associates)
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/12/2025
Subject: Enterprise Fund and Landscape Maintenance District transfers RECOMMENDED ACTION:
Approve this resolution for the 2024-25 fiscal year that authorizes transfers from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to CNG Station Capital Reserve Fund, and (3) General Fund to CalPERS Contingency Fund (funds invested in a Section 115 Trust).
BACKGROUND:
At the end of each fiscal year, transfers are analyzed from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to CNG Station Capital Reserve Fund, and (3) General Fund to the CalPERS Contingency Fund (funds invested in a Section 115 Trust).
DISCUSSION/ANALYSIS:
Enterprise Funds to Enterprise Capital Reserve Funds
The Enterprise Fund Rates and Cash Flow Study prepared by Municipal Financial Services established Enterprise Fund customer rates that provide the needed revenue to fund the annual operations of the service and the required annual transfer to fund the future replacement of capital items.
At the end of the fiscal year, each Enterprise Fund’s operating cash flow is evaluated and available funds are transferred to the appropriate Enterprise Capital Fund, as long as the enterprise operating fund minimum balance is maintained. In addition, adjustments were made in 2024-25 fiscal year to account for the final accounting to close out the funding of the Corporation Yard construction.
The following table summarizes the fiscal year 2024-25 cash flow and recommended transfer to each Enterprise Capital Fund.
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Table 1
FY 2024-25
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Water Operating $926,514 $4,111,1311
($3,344,857) $1,692,788 ($766,274) $926,514
Sewer Operating $697,426 $2,213,822 ($1,435,005) $1,476,243 ($778,817) 2 $697,426
Garbage
Operating $211,230 $2,787,901 ($2,754,839) $244,292 ($33,062) 3 $211,230
Water Enterprise
Capital $7,906,602 $366,892 ($591,640)
4 $7,681,854 $766,274 $8,448,128
Sewer Enterprise
Capital $1,154,620 $39,835 ($365,406)
4 $829,049 $373,117 $1,202,166
Sewer WWTP
Reserve $1,896,707 $68,514 $0 $1,965,221 $405,700 $2,370,921 Garbage
Enterprise Capital $1,127,211 $62,880 ($528,733) $661,358 $33,062 $694,420 Storm Drain
Enterprise Capital ($7,446) $61,9634($26,252) $28,265 $28,265
1. Water Operating and Water Enterprise Capital Funds income include transfer of water meter surcharge fee collected during the fiscal year of $89,764
2. Sewer projected transfer is $373,117 for Capital Repair and Replacement and $405,700 for WWTP Reserve.
3. Transfer target per MFS study is $280,000, but we only transferred $161,686 because operating expenses were increased due to regulatory requirements. This will be evaluated prior to this year’s rate increase.
4. Water, Sewer, and Storm Drain Enterprise Capital Fund expenses were adjusted for the close-out of the Corporation Yard project by ($155,548); ($155,975); and $61,963; respectively.
Each of these capital reserve funds are under the minimum balance required for future capital replacement needs.
General Fund to CNG Station Capital Reserve Fund
Each year we evaluate the rate at which CNG is sold at the fueling station on Doak Boulevard to ensure operating costs are recovered plus funds necessary to replace capital items in the future are reserved. At the end of the fiscal year, the CNG station cash flow is evaluated and available funds are transferred to the CNG Station Capital Reserve Fund.
Table 2
FY 2024-25
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
CNG Operating Activity $ 0 $189,333 ($136,440) $52,893 ($52,893) $ 0 CNG Station Capital Reserve $273,506 $9,163 ($34,912) $247,757 $52,893 $300,650 After the proposed transfer above is made, the CNG Station capital reserve fund is under the minimum balance required for future capital replacement.
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General Fund to CalPERS Contingency Fund (invested in a Section 115 Trust with PARS) In 2020, Redevelopment bonds were refinanced, creating additional property tax income of $832,823 that will be distributed to the General Fund for fiscal years 2021-2022 to 2026-2027, as shown in the table below.
Table 3
Fiscal Year Savings
2021-2022 $157,569
2022-2023 $161,861
2023-2024 $161,805
2024-2025 $162,117
2025-2026 $136,064
2026-2027 $53,407
Total Savings $832,823
At the March 2022 Strategic Planning meeting, City Council directed these savings to be used to mitigate the City’s unfunded liability related to the City’s sworn police officer’s CalPERS defined benefit retirement. As of the June 30, 2023 CalPERS Valuation Report, the City’s CalPERS unfunded liability is $7,112,876.
For Fiscal Year 2024-25, $162,117 will be transferred to the Section 115 Trust, which is dedicated to prefund employer contributions and unfunded liabilities related to the CalPERS defined benefit pension system, which is offered to City sworn police officers. In September 2022, the City Council approved Resolution 22-39 adopting investment guidelines for this Section 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.
Bike Bridge Expenses funded through LTF Set-Aside Funds.
During Fiscal Year 2024-25, the City incurred $43,754.96 of expenses for the damage done to the Bike Bridge when a tree fell on top of it in November 2024. This project can be funded through the LTF Transit Set-Aside Funds. For that reason, we have transferred the expenses from the Street & Road Funds to the Transit Fund in this resolution.
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RESOLUTION NO. 25-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AUTHORIZING THE TRANSFER OF CERTAIN
MUNICIPAL FUNDS
WHEREAS, the City Council of the City of Ripon is desirous of transferring certain funds to capital reserve funds as hereinafter set forth; and
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2024 through June 30, 2025; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following transfers of the City of Ripon be and the same are hereby authorized and approved by the City Council of the City of Ripon as hereinafter specifically set forth:
1. The transfer of $766,274.14 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon.
2. The transfer of $89,764.24 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon, for the current year’s collection of water meter surcharge.
3. The transfer of $373,117.55 from the Sewer Fund of the City of Ripon to the Capital Reserve Funds of the Sewer Department of the City of Ripon.
4. The transfer of $405,699.64 from the Sewer Fund of the City of Ripon to the Wastewater Treatment Plant Contingency Fund of the Sewer Department of the City of Ripon.
5. The transfer of $33,061.72 from the Refuse Fund of the City of Ripon to the Capital Reserve Funds of the Refuse Department of the City of Ripon.
6. The transfer of $52,892.94 from the General Fund of the City of Ripon to the CNG Station Capital Reserve Fund for net income of the CNG Station during this fiscal year.
7. The transfer of $162,116.98 from the General Fund of the City of Ripon to the CalPERS Contingency Fund for the savings due to the refinancing of the Redevelopment Bonds.
8. The transfer of $43,754.96 from the Transit Fund to the Street & Roads Fund for the use of LTF set aside funds to cover the expenses to repair the bike bridge.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of August, 2025, by the following vote:
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RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/12/2025
Subject: Street & Road Funds transfers
RECOMMENDED ACTION:
Approve this resolution for the fiscal year 2024-2025 transfer of certain restricted municipal funds for street and road maintenance and repairs.
BACKGROUND:
The City receives street and road operating revenue from various sources (e.g., Highway User Tax, Senate Bill 1, Measure K Renewal, Local Transportation Fund, etc.) that is used to maintain the City’s streets and roads. The revenue is tracked in separate funds by the source of the revenue.
During the year, all street and road operating expenditures are tracked through a single fund, the Street & Roads Operating Fund.
In addition to the normal operating revenue and expenditures, the City receives grants, interest, and other reimbursements that are also tracked as part of the City’s Street & Roads Operating Fund.
At the end of the fiscal year, staff analyzes the Street & Roads Operating Fund activity and transfers dollars from the individual revenue funds to the Street & Roads Operating Fund to cover the annual net expenditures (after grants, interest, and other reimbursements are accounted for).
At the March 2023 Strategic Planning meeting, the City Council established a policy to transfer 50% of the net of the annual street and road operating income and day-to-day expenses (not including grants, reserve transfers, or capital projects) to the Street & Road Reconstruction Fund for future road reconstruction projects.
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DISCUSSION/ANALYSIS:
Table 1 summarizes the fiscal year 2024-2025 cash flow, recommended transfers, and ending balances for the Street and Road funds.
Table 1
FY 2024-25
Fund Beginning
Balance
Operating
Income
Operating
Expenses
Capital
Expense
Balance
Prior to
Transfer
Transfers Ending
Balance
Street & Roads Operating $ 0 $227,191 ($707,949) ($1,909,091) ($2,389,849) $2,389,849 $ 0 COG/LTF $48,561 $329,206 $0 $0 $377,767 ($333,493) $44,274 Measure K $3,550,736 $490,741 $0 $0 $4,041,477 $0 $4,041,477 Senate Bill 1 Tax $951,177 $469,374 $0 $0 $1,420,551 ($1,420,551) $ 0 Highway User Taxes1
$797,917 $487,153 $0 $0 $1,285,070 ($1,241,798) $43,272 Street & Road Reserve $2,968,313 $863,207 $0 $0 $3,831,520 $3,831,520 Street & Road
Reconstruction Fund $1,705,171 $47,000 $0 ($391,561) $1,360,610 $534,262 $1,894,872 TOTALS $10,021,875 $2,913,872 ($707,949) ($2,300,652) $9,927,146 ($71,729)2 $9,855,415
1. Summary of five Highway User Tax sources.
2. Net transfer includes $71,731 transferred to Landscape Maintenance Districts to cover deficits. See table 3 below for details.
For fiscal year 2024-2025, there is recommended a total of $2,924,111 to be transferred from certain street and road revenue sources to the Street & Roads Operating Fund ($2,389,849) to cover the fiscal year 2024-2025 expenditures, including the Landscape Maintenance District expenditures, and the Street & Road Reconstruction Fund ($534,262) operational transfer according to City Council policy, as shown in the above table.
Table 2 summarizes the Fiscal Year 2024-2025 operating expenses of $707,949 and capital expenses of $1,909,091 that were applied against the Street & Roads Operating Fund.
Table 2
FY 2024-2025 FY 2023-2024 Description
Operational Expenses
Public Works – Street &
Roads Maintenance
$357,916 $254,146 Pothole repair, replace signs, striping, crack sealing (see attached map).
Public Works –
Landscape Maintenance
$310,104 $353,624 Maintain landscaping in areas not
included in Landscape Districts.
Administration $26,775 $25,728 Prepare necessary claims and audits Engineering $13,154 $4,741 Prepare engineering reports, studies, and grant applications.
Total Operational Expenses $707,949 $638,239
Capital Expenses
Sidewalk Repair $16,873 In FY 24/25, we started tracking sidewalk repair expenditures
Capital Projects1 $1,892,218 $395,166
Total Capital Expenses $1,909,091 $395,166
1. Capital Projects for Fiscal Year 2024-2025 include Lower Stanislaus River Multi-Use Trail ($822) and South of Main Project ($1,891,396). Capital Projects for Fiscal Year 2023-2024 include Stockton Avenue Rehab Phase 2 ($259,032); Lower Stanislaus River Multi-Use Trail ($14,598); design of South of Main Project ($28,753); Utility Maintenance Asphalt Project ($5,424) and Roadway Striping ($87,358).
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The $391,561 of capital expenses that was applied against the Street & Road Reconstruction Fund was the reconstruction of Third Street.
Street & Road Operating Fund to Landscape Maintenance and Lighting Districts with deficits At the Strategic Planning meeting in April 2025, the policy for transferring funds from the General Fund to the Landscape Maintenance Districts was changed for the transfer to come from the Street & Road restricted revenue sources. The policy is if the district has an annual operating deficit and no balance to offset that operating deficit, a transfer from the Street & Road Operating Fund is made.
Table 3
FY 2024-25
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Dutch Meadows $ 0 $4,540 ($18,228) ($13,688) $13,688 $ 0 Country Woods $ 0 $7,809 ($18,084) ($10,275) $10,275 $ 0 Farmland Estates $ 0 $3,350 ($8,771) ($5,421) $5,421 $ 0 Jacob’s Landing $20,356 $5,700 ($6,712) $19,344 $19,344 Carolina’s $28,700 $14,500 ($14,443) $28,757 $28,757
Boesch/Kingery $7,195 $6,061 ($14,069) ($ 813) $813 $ 0 Main Street $ 0 $10,344 ($50,862) ($40,518) $40,518 $ 0 Cornerstone I $84,265 $14,079 ($13,574) $84,770 $84,770 The Vineyards $162,064 $64,938 ($43,140) $183,862 $183,862 Alexandra Place $ 0 $5,553 ($6,569) ($1,016) $1,016 $ 0 Lighting District $86,596 $338,970 ($295,715) $129,851 $129,851 TOTALS $71,731
Attachments:
1. Street & Road Maintenance FY 2024-25
1.3.B
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RESOLUTION NO. 25-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AUTHORIZING THE TRANSFER OF CERTAIN
MUNICIPAL FUNDS FOR STREET MAINTENANCE AND
REPAIRS
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2024 through June 30, 2025; and WHEREAS, the City Council is desirous of setting aside 50% of each fiscal year’s surplus of Street and Roads’ long term operating revenue less operating expenditures for Street and Road reconstruction projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following transfer of City funds be and the same is, hereby authorized and approved by the City Council of the City of Ripon as hereinafter specifically set forth:
1. The sum of $1,420,550.51 of SB1 Street and Road Tax funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for SB1 Projects.
2. The sum of $157,026.16 of Highway User Tax Section 2103 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
3. The sum of $102,032.83 of Highway User Tax Section 2105 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
4. The sum of $70,280.62 of Highway User Tax Section 2106 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
5. The sum of $908,348.13 of Highway User Tax Section 2107 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
6. The sum of $4,110.25 of Highway User Tax Section 2107.5 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
7. The sum of $333,493.47 of COG/LTF funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2024 through June 30, 2025, for street maintenance.
8. The sum of $534,262.22 Street & Roads Operating funds is ordered transferred to the Street & Roads Reconstruction Fund for future street and road reconstruction projects.
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9. The transfer of $13,688.38 from the Street & Roads Fund of the City of Ripon to the Dutch Meadows Landscaping Assessment District Fund for the deficit balance of this Fund.
10. The transfer of $10,274.94 from the Street & Roads Fund of the City of Ripon to the Country Woods Landscaping Assessment District Fund for the deficit balance of the Fund.
11. The transfer of $5,420.64 from the Street & Roads Fund of the City of Ripon to the Farmland Estates Landscaping Assessment District Fund for the deficit balance of this Fund.
12. The transfer of $812.83 from the Street & Roads Fund of the City of Ripon to the Boesch/Kingery Landscaping Assessment District Fund for the deficit balance of this Fund.
13. The transfer of $40,517.71 from the Street & Roads Fund of the City of Ripon to the Main Street Landscaping Assessment District Fund for the deficit balance of this Fund.
14. The transfer of $1,016.40 from the Street & Roads Fund of the City of Ripon to the Alexandra Landscaping Assessment District Fund for the deficit balance of this Fund.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of August, 2025, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Ripon Maintenance Map
Legend
Merge Left
No Parking
No Right Turn
Paint/Striping
Pothole
Roundabout
Speed Limit
Stop Sign
Street Sign
1 mi
N➤
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Attachment: Street & Road Maintenance FY 2024-25 (25-27 : Street & Road Funds transfers) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/12/2025
Subject: Central San Joaquin Valley Risk Management Authority Joint Powers Agreement.
RECOMMENDED ACTION:
Adopt the resolution approving the CSJVRMA Amended and Restated Joint Powers Agreement that has been updated to (1) define terms more clearly, (2) language broadened for the creation of a captive agency in the future, and (3) the designation of a member agency whose municipal code restrictions would apply to the operations of the CSJVRMA Joint Powers Authority.
BACKGROUND:
The City of Ripon is a member of the Central San Joaquin Valley Risk Management Authority (CSJVRMA), which is a Joint Powers Authority (JPA) comprised of 53 cities throughout Central San Joaquin Valley who have joined together to self-insure or pool risk management and insurance needs. The City has been part of the CSJVRMA since 1986.
The CSJVRMA staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, are conducting a full review of the CSJVRMA’s governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.
DISCUSSION/ANALYSIS:
The first document to be updated is the Joint Powers Agreement that defines the governance of the JPA. Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by two-thirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.
This document was last amended in 1994 and while it continues to meet the legal requirements as set forth in the government code for JPAs, this document has been updated as follows:
Definitional terms have been defined more clearly.
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Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency1. An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose municipal code restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:
“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all restrictions from the ordinances of all of the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JPA to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city.”
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.
Pursuant to action by the CSJVRMA Executive Committee on June 26, 2025, attached is the Amended and Restated Joint Powers Agreement.
Staff is recommending the City Council adopt the resolution approving the Amended and Restated Joint Powers Agreement.
FISCAL IMPACT:
None.
Attachments:
1. CSJVRMA Joint Powers Agreement Amendments
1 A captive insurance agency is a licensed insurance company that is owned and controlled by its members and functions with the same benefits of the CSJVRMA JPA. Captive agencies are located in states that will grant a license to operate in that state (typically the State of Utah). Captives allows its members to take advantage of investment opportunities, especially in equities, which are typically unavailable to public agencies in California.
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RESOLUTION NO. 25-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVES AMENDMENTS TO THE CENTRAL SAN
JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; and WHEREAS, the City of Ripon is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and WHEREAS, the City of Ripon is a member of the CSJVRMA; and WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed to execute such agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of August, 2025, by the following vote:
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RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994
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Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 Redline Version
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Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents
ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 Redline Version
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Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15 Redline Version
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4 AMENDED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and Redline Version
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4 WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
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4 ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .
Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Redline Version
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4 of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.
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4 ARTICLE III
CREATION OF JOINT POWERS AUTHORITY
A.
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
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4 To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. to mMake and enter into contracts;
2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
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3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;
4. to aAcquire, hold, or dispose of real and personal property;
5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;
6. to sSue and be sued in its own name;
7. to eEmploy agents and employees;
8. to aAcquire, construct, manage, and maintain buildings;
9. to lLease real or personal property, including propertythat of a Member City; and
10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.
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4 notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.
A majority of the members of the Board is a quorum for the transaction of business. .
However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. To creation ofe any new Joint Protection Program;
3. To termination of ae any Joint Protection Program;
4. To expulsion ofel a Member City;
5. To adoption of an operating budget for the Authority;
6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and
7. To Aauthorization for e the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
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ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .
All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.
B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.
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to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.
Refunds shall be made in accordance with the Master Plan Document for each program.
ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. assist Member Cities in developing their risk management programs ;
2. participate in risk management advisory committees formed by Member Cities;
3. provide loss prevention, safety, and security services;
4. provide all program services as required by program Master Plan Documents ;
5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.
Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.
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record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. conduct risk management audits to review the participation of each Member City in the program; and
7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. pay all financial obligations to the Authority within the time prescribed;
2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. establish a risk management advisory committee to work with the risk manager of the Authority;
6. maintain an active safety committee;
7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;
10. submit underwriting information requested by the Authority on a timely basis;
11. provide accurate statistical data concerning the Member City to the Authority when requested;
12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
14. comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document
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WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to Redline Version
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participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
Redline Version
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ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
Redline Version
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ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
Redline Version
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CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
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TABLE OF CONTENTS
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11
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Table of Contents
ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13
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AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and
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Packet Pg. 112 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
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Packet Pg. 113 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).
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Packet Pg. 114 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.
ARTICLE III
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
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Packet Pg. 115 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.
This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. Make and enter into contracts;
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2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;
3. Assess Member Cities as deemed appropriate by the Executive Committee;
4. Acquire, hold, or dispose of real and personal property;
5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
6. Sue and be sued in its own name;
7. Employ agents and employees;
8. Acquire, construct, manage, and maintain buildings;
9. Lease real or personal property, including property of a Member City; and
10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.
Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special
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Packet Pg. 117 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.
A majority of the members of the Board is a quorum for the transaction of business.
However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. Creation of any new Joint Protection Program;
3. Termination of any Joint Protection Program;
4. Expulsion of a Member City;
5. Adoption of an operating budget for the Authority;
6. Amendments to the Authority's Conflict of Interest Code; and
7. Authorization for the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
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ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.
All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.
B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.
Refunds shall be made in accordance with the Master Plan Document for each program.
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ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. Assist Member Cities in developing their risk management programs;
2. Participate in risk management advisory committees formed by Member Cities;
3. Provide loss prevention, safety, and security services;
4. Provide all program services as required by program Master Plan Documents;
5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. Conduct risk management audits to review the participation of each Member City in the program; and
7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
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ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. Pay all financial obligations to the Authority within the time prescribed;
2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
7. Submit underwriting information requested by the Authority on a timely basis;
8. Provide accurate statistical data concerning the Member City to the Authority when requested;
9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
11. Comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
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ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.
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Packet Pg. 122 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
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ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
1.3.C.a
Packet Pg. 124 Attachment: CSJVRMA Joint Powers Agreement Amendments (25-28 : Central San Joaquin Valley Risk Management Authority Joint Powers City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/12/2025
Subject: Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26 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 years 2024/2025 and 2025/2026 in the not to exceed amount of $5,500 (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 fiscal years 2024/2025 & 2025/2026 and Provost & 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.
FISCAL IMPACT:
The attached agreement has a not-to-exceed amount of $5,500 and will be funded through the City Water Operating Fund.
Attachments:
1. Provost Pritchard FY 24-25 25-26 Agreement
1.4.A
Packet Pg. 125
Professional Services Agreement - Page 1 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
PROVOST & PRITCHARD
This Agreement for Professional Services (“Agreement”) is entered into on, August 12, 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, 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 an amount NOT TO EXCEED $5,500.00 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.A.a
Packet Pg. 126 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 2 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
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.A.a
Packet Pg. 127 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 3 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
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.A.a
Packet Pg. 128 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 4 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
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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Packet Pg. 129 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 5 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
$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.A.a
Packet Pg. 130 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 6 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
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.A.a
Packet Pg. 131 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) Professional Services Agreement - Page 7 of 7
Water Loss Audit Validation FY 2024-2025 and 2025-2026
Provost & Pritchard
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.A.a
Packet Pg. 132 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26)
PROVOST & PRITCHARD
CONSUL TING GROUP
455 W Fir Ave, Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
August 4, 2025
Joanne Beukelman
Regulatory Compliance Specialist
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
Subject: Proposal for Engineering Services for a Level One Water Loss Audit Validation for the City of Ripon California for Fiscal Year 2024-2025
Dear Joanne Beukelman:
Thank you for the opportunity to submit this proposal to provide engineering services for the City of Ripon (City) 2024-2025 and 2025-2026 Annual Water Loss Audit Validations. 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) to 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 audits for the fiscal years 2024-2025 and 2025-2026. It is also understood that the City is looking for an independent third party to perform a level one validation of the results for the 2024-2025 and 2025-2026 water loss audits for submittal to DWR.
SCOPE OF SERVICES
PHASE WAV: LEVEL ONE WATER LOSS AUDIT VALIDATION
The work under this phase consists of two (2) fiscal year water loss audit validations for fiscal years 2024- 2025 and 2025-2026 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 audits. The following applies to the water loss audit validation for fiscal years 2024-2025 and 2025-2026:
• Review audit data supporting documentation prior to interviews with the City including:
o Water Supplied including volume from own sources, imported water, 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 o Cost Data including total annual cost of water system operation, customer retail unit costs, and variable production costs
https://us-pa rt ner-integrations. egnyte .com/msoffice/wopi/files/ 49213d 64-7664-453 f-8620- e065c54 c4 a04/WO Pl5e rviceld _ TP _EGNYTE_PLUS/WOPIUserld _95.ppeng.egnyte.com/Provost & Pritchard_Proposal revised .docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogealagy • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID Exhibit A 1.4.A.a
Packet Pg. 133 Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26)
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Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26)
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Attachment: Provost Pritchard FY 24-25 25-26 Agreement (4775 : Provost & Pritchard Water Loss Audit Validation FY 24-25 and 25-26) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/12/2025
Subject: Lennar Subdivision Improvement Agreement - Amendment No. 1 RECOMMENDED ACTION:
Approve and authorize the Mayor to sign Amendment No. 1 of the Subdivision Improvement Agreement between the City of Ripon and Lennar Homes of California that assigns the obligations of the South San Joaquin Irrigation District (SSJID) Master Encroachment Agreement to Lennar Homes of California.
BACKGROUND:
Lennar is currently developing the Meadowood residential project west of Fulton Avenue. As part of this project, Lennar is responsible to construct improvements as conditioned in the Development Agreement and Subdivision Improvement Agreement, which includes the expansion of Fulton Avenue from a 2-lane roadway to a 4-lane roadway, landscape improvements, utility connections, and the joint utility trench.
These improvements are located within an SSJID easement (see attached Exhibit D). Lennar is requesting that the City of Ripon assign to Lennar the rights granted under the existing Master Encroachment Agreement between the City and SSJID.
DISCUSSION:
The City and SSJID entered into a Master Encroachment Agreement on May 14, 2019. This agreement does allow the City to assign or transfer the rights created by the Master Encroachment Agreement to other entities with the consent of SSJID.
Staff has drafted an amendment to the Subdivision Improvement Agreement between the City and Lennar, which formally transfers the obligations of the Master Encroachment Agreement from the City to Lennar (see attached).
1.4.B
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Staff recommends the City Council approve Amendment No. 1 between the City and Lennar, authorizing staff to take the necessary steps to assign the City’s Master Encroachment Agreement to Lennar.
FISCAL IMPACT:
None.
Attachments:
1. First Amendment to SIA_FINAL
2. Exhibit D_SIA First Amendment
1.4.B
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106514\18493205v2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attention: Deputy City Clerk
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APNs 261-020-44, 261-650-24 (Space Above This Line for Recorder’s Use Only) Exempt from recording fee per Gov. Code §
27383.
FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“First Amendment”) is made and entered into as of _____________, 2025 (“Amendment Date”) by and between the City of Ripon, a municipal corporation of the State of California hereinafter called “City” and Lennar Homes of California, LLC, hereinafter referred to as “Developer” and “Owner”:
R E C I T A L S
A. Developer and City entered into that certain Subdivision Improvement Agreement dated August 14, 2024 and recorded in the official records of San Joaquin County as Document No. 2024-071953 on August 27, 2024 (the “SIA”).
B. City and Developer desire to amend the SIA to reflect the terms under which Developer would conduct work under the City’s existing Master Encroachment Agreement with South San Joaquin Irrigation District.
A G R E E M E N T S
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Amendment, the parties hereto agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.1 All capitalized terms used herein shall have the meaning given in the SIA, except as expressly otherwise defined in this First Amendment.
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Packet Pg. 138 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514\18493205v2
ARTICLE II.
SPECIFIC AMENDMENTS
Section 2.1 The SIA is hereby amended to include the following new Section 26:
“26 SSJID Encroachments.
Developer is required to obtain independently the consent and approval of all other government agencies or entities with jurisdiction over or with property interests within the area in which work will be performed under this Agreement, as may be required.
Notwithstanding the preceding sentence, in the event SSJID requires Developer to utilize the City’s Master Encroachment Agreement dated May 14, 2019, with SSJID (hereafter, “MEA”), attached hereto as “Exhibit D”, to construct any Improvements over SSJID property interests, Developer shall request the City Administrator’s consent in writing.
If the City Administrator grants Developer’s request to utilize City’s MEA, City may issue its request to SSJID as required by the MEA, in its discretion. City makes no representations, warranties, or guarantees that it will issue its request to SSJID to utilize the MEA upon Developer’s request, nor that SSJID will grant Developer authorization to conduct work under the MEA. If SSJID issues an authorization for Developer’s requested improvements subject to City’s MEA, Developer agrees to assume all rights and obligations of City, as the “City,” under the MEA to the extent such rights and obligations relate to the Improvements until the Improvements are accepted by City and such work has successfully completed its warranty period as evidenced by the release of the warranty bond associated with the Improvements.
If Developer is granted an authorization to conduct work by SSJID subject to City’s MEA, nothing contained in this Agreement nor the MEA shall be deemed, construed, or represented by the City or Developer to any third person to create a relationship of principal or agent, or of a partnership, or of a joint venture, or of a City contractor, employee, or representative, or of any other association of any kind or nature between the City and Developer.
If granted an authorization to conduct work by SSJID subject to City’s MEA, Developer agrees to defend, indemnify and hold harmless City and each and all of its successors, assigns, employees, officers, partners, directors, agents, servants and legal representatives from and against any and all manner of action or actions, cause or causes of action, in law or in equity, promises, liabilities, claims, demands, damages, loss, cost or expense (including without limitation attorney’s fees and expenses) (hereinafter collectively referred to as “Claims”) to the extent relating to (i) Developer’s performance of the work of the Improvements subject to the MEA, (ii) Developer’s default under the MEA that is
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Packet Pg. 139 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514\18493205v2
related to the Improvements, or (iii) this Agreement, for Claims relating to the MEA that arise or accrue on or after the Effective Date through the date the Improvements are accepted by the City and such work has successfully completed its warranty period as evidenced by the release of the warranty bond associated with the Improvements.”
Section 2.2 Exhibit 1 to this First Amendment is hereby incorporated into the SIA as “Exhibit D”.
ARTICLE III.
MISCELLANEOUS
Section 3.1 Ratification. Except as expressly modified by this First Amendment, the SIA remains in full force and effect.
Section 3.2 Recordation. The First Amendment shall be recorded in the Official Records of San Joaquin County within a reasonable time after the Amendment Effective Date.
Section 3.3 Execution in Counterparts. This First Amendment may be executed in counterparts, each of which shall for all purposes be deemed to be an original; and all such counterparts shall together constitute one and the same instrument.
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Packet Pg. 140 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514\18493205v2
IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY” “DEVELOPER” and “OWNER”
City of Ripon, a Municipal Corporation Lennar Homes of California, LLC, a California limited liability company
*By *By
Daniel de Graaf, Mayor Click here to enter text.
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Packet Pg. 141 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514\18493205v2
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ____________
On _________________, 2025, before me, ____________________________________, a notary public, personally appeared ___________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________ [Seal]
Notary Public
1.4.B.a
Packet Pg. 142 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514\18493205v2
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ____________
On _________________, 2025, before me, ____________________________________, a notary public, personally appeared ___________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________ [Seal]
Notary Public
1.4.B.a
Packet Pg. 143 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) 106514
\18493205v2
Exhibit 1
Exhibit 1
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Packet Pg. 144 Attachment: First Amendment to SIA_FINAL (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) OH
OH OH
Plot June 3, 2025 at 3:18 PM X:\CIVIL 3D\Civil 3D Projects\NC13140 - RIPON\EXHIBITS\NC13140F-Meadowood SSJID Master Encroachment Agreement Exhibit.dwg Know what'sbelow. Callbefore you dig.
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Packet Pg. 145
Attachment: Exhibit D_SIA First Amendment (4620 : Lennar Subdivision Improvement Agreement - Amendment No. 1) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen,
Date: 08/12/2025
Subject: Community Center Tennis Courts
RECOMMENDED ACTION:
Accept the work completed by Consolidated Engineering, Inc. and authorize the filing of a Notice of Completion with retention ($21,488.94) to be paid 35 days after recording of notice.
BACKGROUND:
The project in general consists of the removal and reconstruction of the tennis courts along with updates to the fencing, lighting, and netting in order to allow the use of the courts for both tennis and pickle ball.
The Community Center Tennis Courts Project is complete and in substantial conformance with the contract Plans and Specifications.
Staff recommends the City Council accept the work completed by Consolidated Engineering, Inc. and authorize the filing of a Notice of Completion with retention ($21,488.94) to be paid 35 days after recording of notice.
FISCAL IMPACT:
The retention of $21,488.94 is paid through a Proposition 68 Grant and Parks and Recreation Capital Fund.
Attachments:
1. Invoice 1_Consolidated Engineering
2. NOC_Consolidated Engineering
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CONTRACTOR: Consolidated Engineering, Inc.
PROJECT: Community Center Tennis Courts
PROJECT DESCRIPTION:
INVOICE NO: 6
DATE: 6/30/2025
ORIGINAL CONTRACT AMOUNT: $424,697.00 PREVIOUSLY BILLED AMOUNT: $429,778.92 LESS RETENTION: $21,488.94
APPROVED CONTRACT CHANGES: $5,081.92 PREVIOUSLY PAID AMOUNT: $408,289.98 CURRENT INVOICED AMOUNT: $21,488.94
LESS RETENTION: $0.00
TOTAL CONTRACT AMOUNT: $429,778.92 CURRENT AMOUNT DUE: $21,488.94 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $429,778.92 LESS RETENTION: $0.00
TOTAL PAID TO DATE: $429,778.92
INVOICE SUMMARY
Remaining Contract Amount: $0.00
Approx. % Complete: 100%
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
The Community Center Tennis Courts Project is 100% complete.
1.4.C.a
Packet Pg. 147 Attachment: Invoice 1_Consolidated Engineering (4716 : Community Center Tennis Courts)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Deputy City Clerk
NOTICE OF COMPLETION
1. A work of improvement consisting of the construction of the Community Center Tennis Courts pursuant to the contract dated October 8, 2024, between the City of Ripon, as owner, and Consolidated Engineering, Inc. of P.O. Box 701, Valley Spring, CA 95252, as Contractor, has now been completed.
2. The name and address of the owner and the public agency for which said work of Improvement was performed is:
City of Ripon, A Municipal Corporation
259 North Wilma Avenue
Ripon, CA 95366
3. The name of the contractor for the work of improvement performed is:
Consolidated Engineering, Inc.
P.O. Box 701
Valley Spring, CA 95252
4. The interest of the City of Ripon is as an owner of the Community Center Tennis Courts constructed on real property owned by the City of Ripon.
5. The work of improvement consists of the removal and reconstruction of the tennis court surface, new striping, new fencing, and installation of tennis and pickleball posts.
6. The work of improvement was accepted as being complete by the City of Ripon on August 12, 2025.
THE CITY OF RIPON
By ___________________________
Daniel de Graaf , Mayor
(SIGNATURE MUST BE NOTARIZED & RECORDED)
VERIFICATION
I, Lisa Roos, do hereby certify as follows:
I am now, and have been duly appointed, acting and qualified City Clerk of the City of Ripon, a California Municipal Corporation of the Sixth Class; as such City Clerk, I am the custodian of the Official Records of the City Council of said City; the foregoing Document, NOTICE OF COMPLETION is a full true and correct copy and was duly and regularly ordered to be recorded in the office of the San Joaquin County Recorder. __________________________________ ______________________________________ Date Lisa Roos, City Clerk
City of Ripon
A Municipal Corporation
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Packet Pg. 148 Attachment: NOC_Consolidated Engineering (4716 : Community Center Tennis Courts) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Joanne Beukelman,
Date: 08/12/2025
Subject: Delta Regional Monitoring Program
RECOMMENDED ACTION:
Approve and authorize the annual payment of $5,150 to the Delta Regional Monitoring Program for the City of Ripon’s participation in this program, as required by the City’s State Storm Water Phase II General Permit (funding source: Sewer Operating Fund).
BACKGROUND:
The State Water Resources Control Board (SWRCB) adopted the Phase II Municipal Separate Storm Sewer Systems (MS4s) General Permit in February of 2013 and it took effect on July 1, 2013. The permit was a renewal of the previous MS4 permit which was first adopted in 1999.
All cities with a population of over 10,000 fall under the Phase II general permit requirements.
The MS4 General Permit was established under the Clean Water Act which prohibits certain discharges of storm water containing pollutants into national waters without a permit.
The City of Ripon discharges its storm water runoff directly into the Stanislaus River which feeds into the San Joaquin River. Due to certain pollutants within the San Joaquin River, Ripon is required to participate in a water quality monitoring program under the MS4 General Permit.
The intent of this required program is to determine the extent of the receiving water problems, what the sources of the water quality problems are and whether or not conditions of the receiving water are getting better or worse.
DISCUSSION/ANALYSIS:
To meet the water quality monitoring element of the MS4 General permit, the State has forced participation of several municipalities including Ripon into the existing Delta Regional Monitoring Program (Delta RMP) by order of California Water Code Section 13267. The Delta RMP is currently monitoring constituents that are commonly found in storm water runoff including pathogens, mercury, pesticides and their associated toxicity to aquatic organisms.
Samples are obtained at locations along the San Joaquin River and Delta waterways. As results
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from the monitoring efforts are obtained, new measures to help reduce contaminants will be proposed for implementation.
FISCAL IMPACT:
Each municipality will pay an annual fee for participation in the Delta RMP based on population.
The City of Ripon falls into the 8,000 – 19,999 population range and will pay an annual fee of $5,150 from the City’s Sewer Operating Fund.
Attachments:
1. 25-26 Delta Regional Invoice
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Packet Pg. 150
Delta Regional Monitoring Program
C/O CVCWA
101 W McKnight Way, Suite B103
Grass Valley, CA 95949
CONTRIBUTION
NOTICE #25-033
DATE: JULY 3, 2025
TO:
City of Ripon
Mr. Kevin Werner
259 North Wilma Avenue
Ripon, CA 95366
SUBMIT TO:
Delta Regional Monitoring Program
Kat Garcia, Treasurer
c/o Regional Wastewater Control Facility
2500 Navy Drive
Stockton, CA 95206
COMMENTS OR SPECIAL INSTRUCTIONS:
Make all checks payable to Delta Regional Monitoring Program.
DESCRIPTION TOTAL
Delta Regional Monitoring Program 2025-26 - Phase II MS4 $5,150 July 1, 2025 to June 30, 2026
TOTAL DUE $5,150
If you have any questions concerning this notice, contact: Kathryn Garcia, Delta Regional Monitoring Program Treasurer, at 209-937-8232 or [email protected].
THANK YOU
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Packet Pg. 151 Attachment: 25-26 Delta Regional Invoice (4733 : Delta Regional Monitoring Program) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/12/2025
Subject: Annual Investment Report Review
RECOMMENDED ACTION:
Accept the City’s annual investment report for the period ending June 30, 2025.
BACKGROUND:
The following report is the City’s annual investment report for the period ending June 30, 2025.
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 addition to quarterly interest earned, the long term investments at the Bank of New York also experience an increase or decrease of capital (unrealized gains or losses), which is taken into consideration in their annual rate of return, but not booked into the City’s cash-basis financial statements.
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.
Each year, the City analyzes the amount of funds needed in the short-term to cover operating costs and projected capital costs. The remaining funds are invested in investments that provide the best chance of earning the highest return, based on actual market conditions. Below is a summary of the transactions that have occurred during fiscal year 2024-2025:
No transfers were made to Bank of New York at this time due to the high yields in the short term markets.
In August 2024, $10,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 4.46%
In March 2025, $16,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 4.03%
In June 2025, $15,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 4.21%.
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
6/30/2025
Interest earned
this quarter
Estimated annual
rate of return
LAIF $400,320 $4,386 4.38%
CAMP Liquid Funds $7,430,241 $81,918 4.41%
CAMP Term Funds
Matures 8/2025 $10,000,000 $111,500 4.46%
CAMP Term Funds
Matures 3/2026 $16,000,000 $161,200 4.03%
CAMP Term Funds
Matures 6/2026 $15,000,000 $157,875 4.21%
Bank of New York
(FMV) $23,613,513 $166,061 * 2.81%
TOTAL $72,444,074 $682,940 ** 3.77%
*Bank of New York interest received during the quarter. Rate of return noted here is based upon actual interest received, not the realized/unrealized gains and losses of these investments. **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.
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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
Below is a table showing the return on investment of these funds:
Investment Balance at
6/30/2025
Interest earned this
quarter
Estimated annual rate
of return
Section 115 Trust $1,838,207.59 $95,331.77 10.08%
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 06.2025
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1 $400,320
2 $48,430,241
Liquid Funds Interest rate 4.40% at 06/30/25 $ 7,430,241 TERM Funds $10,000,000
TERM Funds $16,000,000
TERM Funds $15,000,000
3 $23,613,513
Ratings
Investments: Agency 2.57% AA+
US Corporate 26.12% A+
US Treasury 46.85% AA+
Money Market Fund 0.30% AAA
ABS 9.21% AAA
Supranational 4.44% AAA
Agency CMBS 10.51% AA+
4 $388,453
5 $ 1,044
$ 202
6 $ 1
Total Investments within Ripon's Investment Policy updated in June 2023 $72,833,774 Interest rate 0.00% at 06/30/25
U S Bank
Redevelopment agency 2020 tax allocation bonds
Interest rate of 4.03% to mature 3/2026
Interest rate of 4.21% to mature 6/2026
U S Treasury - (fair value basis 1.0)
CSJVRMA Pool - fair value
Bank of New York (book value - $23,128,501)
Rate of Return, including unrealized gains/losses, 6.37% at 06/30/25 U S Treasury - (fair value basis 1.0)
Interest rate 3.88% at 06/30/25
Bank of Stockton
U S Treasury - (fair value basis 1.0)
Interest rate 4.21% at 06/30/25
U S Bank
Water revenue bonds - 2006
Water revenue bonds - 2012
As of June 30, 2025, the City’s average rate of return for the last 12 months is 3.35%.* This does not include any capital appreciation from Bank of New York.
At the end of June 2025, 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 4.46% at 06/30/25
CAMP
Interest rate of 4.46% to mature 8/2025
This annual review complies with all of the elements required by California Government Code Section 53646(b).
CITY OF RIPON
Investment Policy
Annual Report
July 01, 2024 - June 30, 2025
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. * 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.
1.4.E.a
Packet Pg. 155 Attachment: Investment report for Council 06.2025 (4752 : Annual Investment Report Review) Investment Report
June 30, 2025
Section 115 Trust Investments
$ 1,838,208
Capital appreciation for period ending 06/30/25 - 10.08% 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 June 2025, 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 - 2025.06.30
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Packet Pg. 156 Attachment: Investment report for Council 06.2025 (4752 : Annual Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/12/2025
Subject: Liebert Cassidy Whitmore
RECOMMENDED ACTION: Approve and authorize the Mayor to sign the agreement with Liebert Cassidy Whitmore for employment relations training & consulting services and approve payment of the annual membership dues in the amount of $2,865.00 (funding source: General Fund).
Attachments:
1. 2025-2026 LCW San Joaquin Valley Employment Relations Consortium Agreement
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6033 WEST CENTURY BOULEVARD, 5TH FLOOR
LOS ANGELES, CALIFORNIA 90045
T: 310.981.2000 F: 310.337.0837
Los Angeles | San Francisco | Fresno | San Diego| Sacramento www.lcwlegal.com
12954974.1 ER020-100
INVOICE
Lisa Roos
City Clerk/Finance Director
City of Ripon
259 North Wilma Avenue
Ripon, CA 95366
(RI234-10000)
Invoice Number: 298097
San Joaquin Valley Employment Relations Consortium
Membership: July 1, 2025 through June 30, 2026
ERC Membership $2,865.00
Please add an additional $100.00 to your payment over the amount specified above as a late fee if payment is sent after August 1, 2025.
1.4.F.a
Packet Pg. 158 Attachment: 2025-2026 LCW San Joaquin Valley Employment Relations Consortium Agreement (4754 : Liebert Cassidy Whitmore) RI234
12954974.1 ER020-100
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Ripon, A Municipal Corporation, hereinafter referred to as "Consortium Member," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "LCW" for the below described special services (“Agreement”). Consortium Member and LCW may be referred to herein individually as “Party” or collectively as “Parties.” WHEREAS Consortium Member has the need to secure expert training and consulting services to assist Consortium Member in its workforce management and employee relations; and WHEREAS LCW is specially experienced and qualified to perform the special services desired by the Consortium Member and is willing to perform such services; NOW, THEREFORE, Consortium Member and LCW agree as follows:
1. Term & Termination:
This Agreement is effective beginning July 1, 2025 through June 30, 2026.
2. LCW's Services:
During the Term of Contract, LCW will provide membership in a consortium, which includes the following Services to Consortium Member (and the other consortium members) in exchange for payment in full of the Fee defined below:
A. Four (4) days of group training workshops covering various trainings applicable to the Consortium.
B. Availability of LCW attorney for Consortium Member to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters.
The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney’s hourly rate. (See Additional Services section.)
C. Providing of a monthly newsletter covering employment relations developments.
3. Fee:
LCW will provide these special services to Consortium Member for a fee of Two Thousand Eight Hundred Sixty Five Dollars($2,865.00) payable in one payment prior August 1, 2025. The fee, if paid after August 1, 2025 will be $2,965.00.The Fee will cover the above Services, including related development and distribution of written materials provided to attendees at the training programs (also “Materials”).
4. Additional Services:
LCW shall, as and when requested by Consortium Member, make itself available to Consortium Member to provide representational, litigation, and other services that are not included within the Services or Materials described herein (“Additional Services”). The Consortium Member will be billed for the actual time Additional Services are rendered, including reasonable travel time, plus any necessary and reasonable costs and expenses.
The range of hourly rates for attorney time is from Two Hundred Ninety Five to Four Hundred Eighty Five Dollars ($295.00 - $485.00) per hour for attorney staff, Three Hundred Fifteen Dollars ($315.00) per hour for Labor Relations/HR Consultant and from One Hundred Sixty Five to Two Hundred Thirty Dollars ($165.00 - $230.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. LCW reviews its hourly rates on an
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Packet Pg. 159 Attachment: 2025-2026 LCW San Joaquin Valley Employment Relations Consortium Agreement (4754 : Liebert Cassidy Whitmore) RI234
12954974.1 ER020-100
annual basis and if appropriate in its discretion, adjusts them effective July 1. LCW will provide the Consortium Member with written notification of any adjustments in the ranges of hourly rates.
5. Ownership & Use of Materials:
LCW shall have and retain ownership of all intellectual property rights. Consortium Member warrants they will not use LCW Material in other trainings without the expressed written permission of LCW. To the fullest extent permitted by law, Consortium Member hereby waives and release LCW, and each of their officers and employees (“Released Party(ies)”) from any and all claims, demands, damages, or liabilities, including, but not limited to, those for the ordinary negligence of a Released Party, claims for bodily injury, personal injury or illness, emotional distress, property damage, wrongful death, consequential damages, economic damages, infringement, and attorney’s fees and costs (“Claims” or “Claim”), which arise from or relate to Consortium Member’s unauthorized use of or modification of Material or breach of this Agreement. This release does not apply to a Released Party to the extent a Claim is caused by the willful misconduct or gross negligence of that Released Party.
6. No Representation or Warranty.
LCW does not make any specific promise, representation or warranty regarding the Materials. LCW is not responsible for updating the Materials and, as time passes, the Materials may become outdated or contrary to applicable laws. LCW does not guarantee that the Materials will meet the needs of the Consortium Member or achieve certain results. LCW provides the Materials “AS IS” and without any warranty of any kind and any use by Consortium Member is at their own risk. LCW expressly disclaims any and all warranties, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. To the fullest extent permitted by law, Consortium Member releases LCW from Claims arising from their use or modification of the Materials.
7. Miscellaneous.
This Agreement represents the entire and integrated contract between Consortium Member and LCW, and supersedes all prior representations, or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining valid provisions will nevertheless continue in full force and effect. The signators to this Agreement are authorized to execute this Agreement on behalf of and bind their respective Parties hereto. This Agreement may be executed in counterparts (including by electronic means), which taken together will form one legal instrument.
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Packet Pg. 160 Attachment: 2025-2026 LCW San Joaquin Valley Employment Relations Consortium Agreement (4754 : Liebert Cassidy Whitmore) RI234
12954974.1 ER020-100
ACCEPTED AND AGREED on the date indicated below:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
Attn: Melanie Chaney
6033 W. Century Blvd., 5th Floor
Los Angeles, CA 90045
Email: [email protected]
CITY OF RIPON
A Municipal Corporation
By: By:
Melanie Chaney / Co-Managing Partner
Name:
Date: July 2, 2025 Title:
Date:
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Packet Pg. 161 Attachment: 2025-2026 LCW San Joaquin Valley Employment Relations Consortium Agreement (4754 : Liebert Cassidy Whitmore) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/12/2025
Subject: Claim - Eric Ruiz
RECOMMENDED ACTION:
After reviewing the claim submitted by Eric Ruiz, the City’s claim adjustor is recommending the City Council reject the claim.
BACKGROUND:
Individuals who believe a municipality such as the City of Ripon is responsible for a loss that they have experienced may file a claim with that municipality. The City Clerk is responsible to process any claim received in a manner that is consistent with the Government Code. The following summarizes how a typical claim is processed:
1. City Clerk reviews the claim to determine if the claim submitted is complete. If it is found to be complete, the claim is forwarded to the City’s claims adjustor for processing. If the claim is determined not to be complete, the City Clerk returns to the individual as incomplete.
2. The City of Ripon is a member of the Central San Joaquin Valley Risk Management Association (CSJVRMA), which consists of 54 cities in the Central Valley that selfinsure liability losses through a pool. The CSJVRMA claims adjustor reviews all liability claims for the facts of the incident including videos, police report, interviews all individuals involved in the incident, etc. The adjustor will also review applicable local, state and federal laws to determine the City’s liability in the incident.
3. If the claims adjustor finds the City is responsible for the damages filed in the claim, he or she will submit those findings to the City Clerk for processing. If the amount of damages is less than $5,000, the City Administrator has the authority to approve the payment of the damage. If the amount of damages is greater than $5,000, the City Clerk will place on the City Council agenda for approval to pay the claim.
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4. If the claims adjustor finds the City is not responsible for the damages filed in the claim, he or she will submit those findings to the City Clerk and recommend the City Council reject the claim.
5. If the claim is rejected by the City Council, the City Clerk sends a “notice of rejection” to the claimant, which advises the claimant they have six months to file a court action.
6. After the claimant has been paid or 6 months has passed since the rejection, the City’s claim adjuster issues a “closing report” to staff and staff closes the claim and files it.
DISCUSSION/ANALYSIS:
Eric Ruiz submitted a claim to the City of Ripon on June 16, 2025 for the cost to remove his redwood trees, which he claimed needed to be taken down as a result of a City construction project in late 2024. The scope of the project included the removal of a portion of the existing sidewalk adjacent to his property (near the intersection of Seventh Street and Ash Avenue) and replaced with an ADA ramp. Mr. Ruiz claims the construction of this project disrupted the root system of redwood trees located on his property, resulting in the redwood trees needing to be removed.
The CSJVRMA claims adjustor has reviewed the claim submitted and pictures related to the claim, including Google Street view history from before the City’s work began. Based on this review, it is the claims adjustor’s recommendation that this matter be submitted to the City Council for the claim to be rejected.
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/12/2025
Subject: Service Agreement - Symbium solar permitting software RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Master Licensing Agreement with Symbium Corporation to provide an online, automated permitting platform for residential solar energy systems (no fiscal impact).
BACKGROUND:
Senate Bill 379, enacted in 2022, mandates that most California cities provide an online, automated permitting platform for residential solar energy systems. The intent of the legislation is to streamline the permitting process, reduce application review times, and improve transparency for homeowners and contractors installing residential solar and energy storage systems. Compliance with SB 379 requires jurisdictions to implement a web-based interface capable of issuing instant or near-instant permit decisions for qualifying installations.
DISCUSSION:
After evaluating several online solar permitting platforms, City staff selected Symbium based on its ease of use, compliance with SB 379, and positive feedback received from other cities that have implemented the software during the review process.
Symbium is a public-facing, cloud-based solar permitting platform that:
Fully complies with SB 379,
Performs real-time code-compliance verification,
Instantly issues permits for qualifying residential solar and battery storage projects, Integrates directly with the City’s new permit tracking system, eliminating redundant data entry and streamlining internal workflows, and
Provides ongoing technical support and automatic system updates in response to changes
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in state and local regulations.
Attached is the Master Licensing Agreement and attached Order for the software, which includes:
5-year initial term and following the initial term, renewed by the Parties for one (1) year terms;
City to provide a link to the Symbium public-facing website; No initial cost to the City as the initial licensing fee will be paid by the California Energy Commission’s CalAPP grant program;
Permit applicants will pay a processing fee for each plan check, which is remitted directly to Symbium through the platform.
Staff recommends that the City Council approve and authorize the Mayor to execute the Master Licensing Agreement with Symbium to provide an online, automated permitting platform for residential solar energy systems.
FISCAL IMPACT:
There is no direct cost to the City to implement or operate the Symbium platform.
Attachments:
1. Symbium Master Licensing Agreement
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SYMBIUM MASTER LICENSING AGREEMENT
This Master Licensing Agreement (the “Agreement”) is by and between Symbium Corp., with business offices located at 912 Cole St., #375 San Francisco, CA 94117, (“Symbium”), and City of Ripon with business offices located at 259 N Wilma Avenue, Ripon, CA 95366 (the “Licensee”). This Agreement shall be effective on the last signature date provided on the signature block hereto (“Effective Date”). Each of Symbium and Licensee is a “Party” and together they are the “Parties”.
WHEREAS, Symbium has developed and maintains a range of cloud-based software-as-a-service (“SaaS”) solutions to streamline certain planning, zoning, building, permitting, or other government-facing and constituent-facing processes.
Symbium provides Services under the trade names identified in an applicable Order and as described on Symbium’s Site.
WHEREAS, Symbium agrees to provide Services to Licensee pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
In addition to the capitalized terms defined throughout this Agreement, the following terms when used herein shall have the respective meanings assigned to them below:
1.1. “Affiliate”, with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. Any references to Licensee herein shall also include reference to Licensee Affiliates.
1.2. “API” shall mean application programming interface, which shall enable Symbium to either read from and/or write into a third-party application.
1.3. “End-User” shall mean any individual who is authorized to use the Services.
1.4. “Licensee Data” shall mean any data, excluding Symbium Data, that is collected, used, maintained, processed, stored, or generated exclusively by or on behalf of Licensee.
1.5. “Licensee Services” shall mean Licensee’s open data services, GIS services, and APIs with which the Solutions communicate in order to correctly perform the intended functionality.
1.6. “Order” shall mean either: (i) any specific sales quotations or orders as agreed to in writing and signed by the Parties from time to time; or (ii) as set forth in the applicable Symbium payment summary screen. Each Order is hereby incorporated by reference into this Agreement as Exhibit “A” and shall be numbered sequentially as Exhibit A-1; A-2; A3 and so on. If there are any inconsistencies or conflicts between this Agreement and an Order, the inconsistent or conflicting terms of the Order shall govern.
1.7. “Professional Services” shall mean any live support, consulting, training, or development services or other services as specifically described and priced in the applicable Order.
1.8. “Service Description” shall mean any description of Symbium’s Services that are advertised on Symbium’s Site or in the applicable Order, Symbium’s knowledge base, applicable operator and user manuals or guides, designs, technical reference manuals, flow diagrams, file descriptions, Service descriptions found on the Symbium site, and any other written materials pertaining to the use of the Solutions.
1.9. “Services” shall mean the Solutions and the Site, which are provided to Licensee by Symbium pursuant to the terms of this Agreement.
1.10. “Site” shall mean the Symbium website, located at www.symbium.com.
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1.11. “Solutions” shall mean the cloud-based SaaS web applications, which are identified in the applicable Order, along with all associated updates.
1.12. “Solution Updates” shall mean any Solution-specific version updates that are deployed to ensure the functionality of the Solutions in accordance with the Services Descriptions. Solution Updates shall exclude additional or new Solutions, even if such additional or new Solutions contain similar functionality as other Solutions.
1.13. “Support” shall mean the email support services provided by Symbium to Licensee during the Term.
1.14. “Symbium Data” shall mean any electronic data and publicly accessible or available data and shall include all computable laws and regulations that are embedded in the Solutions but shall exclude Licensee Data.
1.15. “Symbium Integrations” shall mean any additional SaaS solutions that Symbium develops and deploys, which may be integrated into or linked from the Solutions.
1.16. “Third-Party Services” shall mean any third-party products or services, including but not limited to, software or materials incorporated into or provided as part of the Solutions or software that Symbium integrates into via an available API.
1.17. “Transaction Services” shall mean the permit or plan compliance check and incentives Services offered by Symbium.
2. SERVICES
2.1. Orders. Symbium shall provide the Services in accordance with the applicable Order.
2.2. Changes. No change to the Order shall be implemented unless it has been approved in writing signed by an authorized representative of each Party (each, a “Change Order Amendment”). Upon Licensee’s and Symbium’s execution of the Change Order Amendment, the Change Order Amendment shall be incorporated into and become part of the applicable Order.
3. LICENSE
3.1. License Grant. Subject to the terms and conditions of this Agreement, Symbium hereby grants Licensee a nonexclusive, nontransferable, worldwide license (“License”) during the Term to access and use the Solutions. Symbium reserves all rights not expressly granted to Licensee. The License granted to Licensee pursuant to this Agreement will permit use of the Solutions that are set forth in the Order. Any Licensee Affiliate may also add additional Services under this Agreement via a new Order. LICENSEE SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY LICENSEE AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
3.2. Usage Restrictions. Except as permitted by this Agreement, the Solutions may not be decompiled, reverse engineered, disassembled, transferred, distributed in an unauthorized manner, resold, sublicensed, or used to create any derivative works. Licensees may not use any software (including network monitoring or discovery software) to determine the Site’s or Service’s architecture, or extract information about usage or individual identities of users. Licensee may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any parts thereof. Except as expressly permitted in this Agreement, Licensee may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) "frame" or "mirror" any Solutions on any other server or wireless or Internet-based device. Licensee may use the Solutions only for its intended purposes and shall not: (i) send spam or otherwise excessive, duplicative, or unsolicited messages; (ii) send, store, or transmit any infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit.
3.3. Third-Party Services. In the event that Symbium agrees to certain integrations to Third-Party Services, Licensee shall secure the necessary permissions, when applicable, for Symbium to perform its mutually agreed-upon tasks.
Symbium is not responsible for any modification, loss, usage, disclosure, transmission, or deletion of any Licensee Data resulting from its access to a Third-Party Service or any outputs generated by the Solutions for uploading into Third-Party
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Services. Licensee shall be responsible for all third-party costs resulting from its requested integrations with any ThirdParty Service. In the event that Licensee wishes to use a Symbium-developed API, Symbium cannot warrant or guarantee that a Third-Party Service will continue to make access available to Symbium via such API.
4. PROFESSIONAL SERVICES
4.1. Professional Services. As mutually agreed by the Parties, and in conjunction with the Services, Symbium may perform certain Professional Services, which may include certain implementation, training, or other expert services.
Such Professional Services shall be provided for a separate fee, which will be specified in an applicable Order in accordance with the terms and conditions of this Agreement. Such Professional Services shall be provided in a manner that is consistent with applicable industry standards, and if such standards are not met (with a reasonable opportunity to cure following written notice from Licensee), Licensee’s sole remedy shall be the re-performance of such Professional Services.
5. SUPPORT
5.1 Support. Symbium will provide Support during the Term of this Agreement as set forth in the Order. Any Support requests should be directed to the following: [email protected].
6. LICENSEE OBLIGATIONS FOR CONFIGURED OR IMPLEMENTED SERVICES Where Symbium is configuring or implementing Services for Licensee, the following shall apply:
6.1. Designation of Licensee Project Manager. Licensee shall designate a project manager who shall be accessible by email throughout the Term of the Agreement and shall provide reasonably prompt responses to Symbium’s requests and communications.
6.2. Testing Period and Feedback. Licensee will be provided with an opportunity to provide feedback and request functional changes to the Solutions prior to public launch. Symbium shall also perform any requested bug fixes during this period and on an ongoing basis.
6.3. Hosting Link to Solutions. Upon the public launch of any public-facing Solutions that are configured or implemented for Licensee, Licensee shall place a prominent link and dedicated landing page to such Solutions on its public-facing website at the location where End-Users would normally visit for information on related services. This link and landing page shall be maintained by Licensee during the Term of the Agreement with support from Symbium.
6.4. Notification of Changes. Where Solutions are configured using laws or regulations provided by Licensee, Licensee shall cooperate with Symbium to help identify the publicly accessible online publications of those regulations and Symbium shall then establish a protocol to ensure timely notifications of changes to the regulations underlying the applicable Solutions and the data provided by the applicable Third-Party Services. In the absence of publicly accessible regulations that are published online, Licensee shall notify Symbium in writing (email is sufficient) of such changes.
7. PROPRIETARY RIGHTS
7.1. Symbium Properties. The Services and any underlying platform technology (“Symbium IP”) are owned or licensed by Symbium and protected by U.S. and international copyright, trademark, service mark, trade secret, patent and/or other proprietary rights and laws. All Solutions shall be hosted on Symbium’s designated servers at all times and Symbium will retain control over all user experience or user interface design of Solutions. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Licensee any license or right under copyright or other intellectual property right law. No part of the Symbium IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Licensee shall not take any action that shall interfere with or diminish Symbium’s right in any of the Symbium IP. Symbium shall retain ownership and title of any Solutions that it creates, even if created on a custom basis for Licensee.
7.2. Licensee Data and Symbium Data. As between Symbium and Licensee, Licensee shall, at all times, own or obtain the appropriate permissions to use the Licensee Data and shall be responsible for the accuracy and adequacy of any and all Licensee Data as well as establishing any required legal terms and conditions prior to the use of any Licensee
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Data. Licensee shall obtain all prior consents, internally or from relevant third parties, prior to uploading and using any Licensee Data to the Solutions. Licensee grants to Symbium a non-exclusive, royalty-free, worldwide license during the Term to access and use the Licensee Data for the purpose of delivering the Services, which may include the aggregation of such data in an anonymized manner for benchmarking and other purposes. Symbium’s right to use Symbium Data shall be governed by its own policies, including its Privacy Policy, available at https://symbium.com/privacy (“Privacy Policy”).
7.3. Symbium Integrations. Nothing shall prevent Symbium from developing and deploying Symbium Integrations, which Symbium may do at any time in its sole discretion. Symbium Integrations shall not diminish or degrade the functionality of the Solutions in the applicable Order at any time.
7.4. License to Use Feedback. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into the Services any feedback, suggestions, requests, or recommendations relating to the Services.
7.5. Usage Data. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into its own support offering, product development, operational plans, and sales or marketing materials, any anonymous usage data acquired from Licensee’s account and use of the Solutions.
7.6. References to Licensee / Press Release. Upon execution of this Agreement, Symbium may make references to Licensee and Licensee’s URL and may use Licensee’s designated trademark and logo for the limited purpose of publishing it on Symbium’s current list of Licensees located on the Symbium Site. Symbium may also respond to any inquiry regarding whether Licensee is a licensee and user of the Services. Additionally, upon execution of this Agreement, each Party may issue a press release announcing the Parties’ relationship under this Agreement.
8. FEES AND PAYMENTS
8.1. Fees. Symbium shall charge either Licensee or End-Users, as applicable, for the Services provided by Symbium hereunder as specified in the applicable Order.
8.2. Payment Methods. Symbium accepts payments for its Services from Licensee, if any, via check or electronic funds transfer and will cooperate, in good faith, to accommodate Licensee’s preference in either case. Payments for Transaction Services by End-Users shall be made by credit card.
8.3. Application of Fees for Transaction Services. Symbium’s Transaction Services fees shall be on a per-plan check basis, and not on a per permit basis. By way of example, automated compliance check Services performed on a solar permit project, energy storage project, and main electrical panel upgrade, each of which would have normally qualified for their own separate permits, would be subject to separate Symbium Service fees, even if those projects were submitted by the End-User to Licensee in a single, combined permit.
8.4. Payment Terms. All pricing and payments are and shall be in U.S. dollars.
8.4.1. Fees to Licensee. With respect to fees charged to Licensee, Licensee shall pay each invoice as stated in the Order or, if no due date is stated, within 30 days of receipt unless it has a bona fide dispute with respect to payment of such invoice or portion thereof. If there is a bona fide dispute regarding any invoice rendered or amount paid, the disputing Party shall notify the other by written notice thereof, and the Parties shall use their best efforts to resolve such dispute expeditiously. If an aggrieved Party notifies the other in writing of a disputed invoice or payment, and there is a good faith basis for such dispute, the time for paying the portion of the invoice in dispute shall be extended by a period of time equal to the time between receipt of such notice and the resolution of such dispute. Undisputed portions of any invoice shall be paid as stated above.
8.4.2. Fees to End-Users. Symbium’s fees to End-Users for Transaction Services shall be inclusive of Symbium’s Service fees (E.g., a per plan check fee) and payment processing fees. In the event that Symbium is also processing any Licensee fees (E.g. government fees) on behalf of Licensee, those fees shall also be charged to the End-User. Symbium’s most current fees to End-Users are published at https://symbium.com/pricing. Symium reserves the right to increase its Service fees to End-Users once each calendar year with at least 30 days advance public notice (I.e. on Symbium’s Site) and written notice to Licensee.
8.5. Payment Processing Fees. Fees charged to End-Users for Symbium’s Transaction Services are nonrefundable. As between Symbium and Licensee, Symbium shall assume any credit card fees charged by Symbium’s thirdparty payment processors for Transaction Services that are processed on Symbium. As applicable, Symbium may pass
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through to End-Users any credit card processing fees charged by either of Symbium’s or Licensee’s payment processor (I.e., in cases where the Licensee charges $100 + $5 credit card processing fee for a total of $105, Symbium may pass through the $5 additional Licensee processing fee directly to the End-User.).
8.6. Taxes. Licensee shall be financially responsible for all sales or services taxes that are assessed on the provision of the Services to Licensee, excluding any withholding or export taxes or taxes based upon Symbium’s income.
To the extent Symbium is required to collect such taxes under applicable Law, Symbium, to the extent legally or otherwise required, shall separately state the amount of tax due on its invoices to Licensee. Licensee and Symbium shall cooperate to segregate the fees into: (i) those for taxable Services and (ii) those for nontaxable Services. The Parties shall reasonably cooperate with each other to more accurately determine each Party’s tax liability and to minimize such liability, to the extent legally permissible. In addition, Symbium shall provide and make available to Licensee any information regarding the computation of any such taxes as reasonably requested by Licensee. Symbium shall not pay any taxes based on the Services that Licensee and Symbium disagree on as to whether a tax is due without affording Licensee a reasonable amount of time after being called upon by the taxing authority to pay such tax to dispute the payment of such tax, at Licensee’s expense, in the appropriate legal forum.
9. CONFIDENTIALITY
9.1. Confidentiality. Except as set forth in Sections 9.2 and 9.3, as applicable, Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information as defined herein. “Confidential Information” means all information concerning a Party’s business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include Licensee Data, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Symbium from disseminating aggregated information that contains no Confidential Information of Licensee.
9.2. Public Agency Exceptions and CPRA. This Section 9.2 shall apply to any Licensee that is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”) or substantially similar requirements (the “Public Agency Exceptions”). Notwithstanding any other obligations set forth in Section 9, Licensee is not obligated to act in any way that is contrary to any requirements under the CPRA or Public Agency Exceptions. Symbium shall identify information that is protected under the CPRA or Public Agency Exceptions and shall clearly mark such information as “CONFIDENTIAL AND PROPRIETARY”, including identification of the specific lines containing such confidential and proprietary information subject to nondisclosure. In the event of a request for such information, Licensee will provide written notice to Symbium prior to such disclosure. For information that Symbium wishes to protect from public disclosure, Symbium must obtain a protective order, injunctive relief or other appropriate remedy from a court of law in either San Francisco County or the Licensee’s County before the Licensee is required to respond to the CPRA request. If Symbium fails to obtain such remedy within the time the Licensee is required to respond to the CPRA or Public Agency Exceptions request, Licensee may disclose the requested information.
9.3. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the
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damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.
9.4. Limitation. Notwithstanding the provisions of this Section, Symbium may disclose Licensee’s Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Symbium shall comply with any applicable protective order or equivalent and, unless prohibited by law, Symbium will employ commercially reasonable efforts to provide Licensee with prior written notice, so that Licensee has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Licensee for that purpose.
10. REPRESENTATIONS AND WARRANTIES
10.1. Power and Authorization. Each Party hereby represents, warrants, and covenants to the other Party that (i) it is duly organized, validly existing and in good standing under the Laws of the state of its domicile and is in good standing in each other jurisdiction in which such qualification is required by Law; (ii) it has power and authority to transact the business it transacts and proposes to transact and to execute and deliver this Agreement and to perform the obligations under this Agreement, and (iii) its entry into this Agreement does not violate or constitute a breach of any agreement to which it is a Party or otherwise bound.
10.2. Compliance with Law. Each Party hereby represents, warrants, and covenants to the other Party that in performing its obligations and exercising its rights under this Agreement, it will comply (and shall require all of its personnel providing Services hereunder to comply) with all applicable Laws.
10.3. By Licensee. Licensee hereby represents, warrants, and covenants to Symbium that: (i) it has obtained all the appropriate consents required by law to ensure that Licensee and Symbium have the right to use the Licensee Data in association with the Services and, if applicable, as described in Symbium’s Privacy Policy; and (ii) it will not use the Service to collect, upload, retrieve, transmit, send, and/or store any sensitive personally identifiable information in violation of any applicable laws. Symbium reserves the right to delete any Licensee Data that is in violation of any terms in this Agreement or of any applicable laws.
10.4. Disclaimer of Additional Warranties. SYMBIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT FUTURE PRODUCT FEATURES OR FUNCTIONALITY.
11. INDEMNIFICATION AND INSURANCE
11.1. General Indemnities. Each Party (“Indemnifying Party”) shall defend, indemnify and hold the other Party (“Indemnified Party”) and its Affiliates and their respective officers, directors, employees, agents, contractors, successors, and assigns harmless from and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney’s fees and expenses) (collectively, “Losses”) arising from or in connection with any actual judicial causes of actions by third parties (each a “Claim”) to the extent such Claim is based on or arises from or relates to (i) any breach or default of any provision of this Agreement by the Indemnifying Party; or (ii) negligent or intentional acts or omissions caused by the Indemnifying Party or its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Further, Licensee shall defend, indemnify, and hold Symbium harmless from any Losses arising from or in connection with any Claims to the extent that such Claim is based on or arises from or relates to Licensee’s inaccurate Data provided or Licensee’s misappropriation or misuse of any Licensee Data or any of Licensee’s direct obligations to third parties relating to such Licensee Data. Notwithstanding any Symbium obligations to indemnify Licensee in this Agreement, any indemnification by Symbium shall be limited to the actual amount for that particular Claim.
11.2. Indemnification Procedure. Each Indemnified Party shall provide the Indemnifying Party with prompt written Notice of any Claim for which the Indemnified Party is seeking or may seek indemnification hereunder (provided that the failure of the Indemnified Party to promptly notify the indemnifying Party hereunder shall not relieve the Indemnifying Party of any liability with respect to the Claim, except to the extent the Indemnifying Party demonstrates that the defense of the Claim is prejudiced by such failure). The Indemnified Party shall provide reasonable cooperation (at the Indemnifying Party’s expense) and retain full authority to defend or settle the Claim. The Indemnifying Party shall keep the Indemnified Party fully informed concerning the status of any litigation, negotiations or settlements of any such Claim. The Indemnified Party shall be entitled, at its own expense, to participate in any such litigation, negotiations and settlements with counsel of its own choosing. The Indemnifying Party shall not have the right to settle any Claim if such settlement arises from or is part of any criminal action or proceeding, or contains a stipulation to, or an admission or
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acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the Indemnified Party without the prior written consent of such Indemnified Party.
11.3. Insurance.
11.3.1 Commercial General Liability. Symbium shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $1,000,000 products and completed operations.
The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled. The policy shall allow and be endorsed as primary and not seek contribution from the Licensee’s coverage. Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the Licensee and its officers, officials, employees, and agents. The policy(s) shall provide and be endorsed to include, the Licensee, its officers, officials, employees, and agents as additional insureds as broad as ISO form CG 20 10 or CG 20 26. Any failure to comply with reporting provisions of the policies by Symbium shall not affect coverage provided to the Licensee. Coverage shall state that Symbium’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
11.3.2 Workers’ Compensation and Employers’ Liability. Symbium shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Symbium. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. No proprietor, partner, executive officer, or member shall be excluded. In the alternative, Symbium may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of City. The insurer, if insurance is provided, or Symbium, if a program of self-insurance is provided, shall allow, and be endorsed to waive all rights of subrogation against Licensee and its officers, officials, employees, and agents.
11.3.3 Cyber Liability. Symbium shall provide Cyber Liability Insurance with limits not less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Symbium in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information or personally identifiable information (PII), alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations; or
11.3.4 Technology Errors and Omissions. Symbium shall maintain technology errors and omissions insurance that insures against professional errors and omissions that may result from providing technology services and products in the minimum amount of $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 the start of work, and Symbium agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work.
11.3.5 All Coverages.
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
Symbium shall provide thirty (30) days' prior written notice to the Licensee of policy cancellation, except that ten (10) days’ written notice for non-payment of premiums.
All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Licensee.
Prior to commencement of work, the Symbium shall furnish the Licensee with certificate(s) of insurance evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements.
Symbium shall provide complete or certified copies of all required insurance policies if requested by the City.
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Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of Symbium.
12. LIMITATION OF LIABILITY
12.1. THE LIABILITY OF SYMBIUM AND LICENSEE TO EACH OTHER FOR ANY AND ALL
CAUSE(S) OF ACTION, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT WILL IN NO EVENT EXCEED THEINDEMNIFICATION PROVISIONS HEREUNDER. LICENSEE ACKNOWLEDGES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 12.1 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY. SYMBIUM HAS
RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE LICENSEE WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PURSUANT TO THIS AGREEMENT.
12.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM
LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES ASSOCIATED WITH SUCH DAMAGES) IN ANY WAY DUE TO,
RESULTING FROM, OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. NOTWITHSTANDING THE FOREGOING, SECTION 12.1 AND SECTION 12.2 WILL NOT APPLY TO: (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS; (II) BREACH OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY; (III) ANY THIRD-PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT; OR (IV) THE BREACH BY EITHER PARTY OF THEIR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 10.
13. COOPERATION
13.1. Cooperation. Each Party shall inform the other Party of any legal claims, demands or complaints brought:
(i) by a third party relating to the Services or products provided by Symbium to Licensee under this Agreement; or (ii) to any regulatory body relating to this Agreement or anything acquired hereunder. The Parties shall cooperate with each other with respect to the resolution of such complaints. For the avoidance of doubt, the Party against whom the complaint was made shall control the response to any regulatory body, if any, with respect to any such complaint.
14. TERM AND TERMINATION
14.1. Term. The initial term of this Agreement shall be as set forth in the applicable Order (“Initial Term”) and shall thereafter be renewed by the Parties for recurring one (1) year periods (“Subsequent Term”) unless either Party provides the other Party with at least thirty (30) days prior written notice of termination or intention not to renew prior to the commencement of the next annual period. The Initial Term and Subsequent Term may collectively be referred to as the “Term”. Licensee further reserves the right to terminate this Agreement at any time within 30 days of receipt of a notice of service fee increase to it or to End-Users.
14.2. Termination for Breach. Either Party may terminate this Agreement upon written notice to the other Party if such other Party commits a material breach of this Agreement and does not cure such breach within fifteen (15) days following its receipt of notice thereof from the terminating Party. No refunds shall be issued to Licensee in the event of termination under this Section 14.2 by Symbium for an uncured material breach by Licensee. Symbium shall issue a prorated refund of prepaid but unused fees to Licensee in the event that Licensee terminates this Agreement under this Section 14.2 for an uncured material breach by Symbium. “Material breaches” include: (i) failure by Symbium to deliver the Services as agreed under this Agreement; (ii) any breach of Section 7 (Proprietary Information); (iii) any failure by Licensee to pay fees when due; (iii) or any breaches by either Party of Sections 3 (License), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnity and Insurance), or 13 (Cooperation). Any termination of this Agreement will automatically terminate any incorporated Orders.
14.3. Suspension of Services. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Symbium’s Site or in connection with Symbium’s Services may result in immediate suspension
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of access to certain Solutions or termination of this Agreement with no refund and without limitation of any other available legal remedies. Symbium may suspend Licensee’s access to any Services until all overdue payments are paid in full.
Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Licensee will continue to be charged for the remainder of the term for any delinquent accounts. Licensee acknowledges and agrees that, unless otherwise required in this Agreement, Symbium has no obligation to retain any data on behalf of Licensee and that such data, if any, may be irretrievably deleted upon termination of this Agreement.
14.4. Remedies Not Limiting. The remedies provided in this Section 14 are in no way limiting of one another or of any other rights and remedies granted to either Party under this Agreement. Symbium may choose to, but is not required to, place Licensee’s account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.
15. MISCELLANEOUS
15.1. Notices. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either sent by trackable courier or email to the recipients listed in the Order. Notices by courier shall be effective upon proof of delivery by either Party. Email notices shall be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change in the same manner required in this Section 15.1.
15.2. Assignment; Binding Effect. Neither Party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon written notice to Licensee, Symbium may assign this Agreement to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets.
Any assignment, transfer or delegation of rights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Parties to this Agreement and their respective successors and permitted assigns.
15.3. Dispute Resolution; Equitable Relief. The Parties agree that, in the event of a dispute or alleged breach, they shall first work together in good faith to resolve the matter internally through negotiations and, if necessary, by escalating it to higher levels of management. The foregoing shall not apply to, and shall not prevent a Party from seeking immediate relief in the event of, disputes involving the confidentiality or data protection provisions of this Agreement or infringement of intellectual property rights (in which case either Party shall be free to seek available remedies in a court of competent jurisdiction in accordance with the Governing Law Section of this Agreement).
15.4. Entire Agreement; Amendment. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals agreements and understandings between the Parties hereto with respect to the subject matter hereof, whether written or oral. This Agreement may be amended, modified or supplemented only in a writing duly executed by an authorized representative of each of Licensee and Symbium.
15.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. For any disputes that are not resolved by way of good faith negotiations and settlement, the Parties hereby consent to the exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of San Joaquin, County California.
15.6. Headings. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement.
15.7. Independent Contractors. In making and performing under this Agreement, the Parties are acting and shall act as independent contractors and not that of master and servant or partnership. Neither Party is, nor will be deemed to be, an agent, legal representative, joint venture, or partner of the other Party for any purpose. Neither Party shall have any authority to act for or to bind the other Party in any respect, nor shall either Party hold itself out as having such authority.
Each Party agrees to assume complete responsibility for its own employees with regard to federal or state employer’s liability, worker’s compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements, and other laws.
15.8. Severability. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect.
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15.9. Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the Party against whom it is asserted. Any consent by any Party to, or waiver of, a breach of the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any continuing, different, or subsequent breach of this Agreement by such Party.
15.10. Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive, including, but not limited to the following Sections: 7 (Proprietary Rights), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnity and Insurance), and 12 (Limitation of Liability).
15.11. Controlling Document. Notwithstanding any inconsistent or additional terms and conditions which may be contained in a purchase order, invoice, voucher or other similar document issued by either Party, such document shall be for issuing Party’s internal purposes only and the terms and conditions of this Agreement shall prevail. Therefore, even if such document is acknowledged or accepted by the receiving Party and regardless of any statement to the contrary which may be contained therein, the inconsistent or additional terms and conditions of such purchase order, invoice, voucher or other similar document shall have no force or effect on this Agreement.
15.12. Interpretation; Construction. Unless the context of this Agreement clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, the part the whole, (ii) references to any gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “but not limited to,” and (v) references to “hereunder” or “herein” relate to this Agreement. The Parties agree that this Agreement is the result of careful negotiations between sophisticated Parties and thus any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.
15.13. Signature/Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. A facsimile signature or electronic signature (or e-signature) shall have the force and effect of an original signature, and in the absence of an original signature, shall constitute the original signature.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THE AGREEMENT, UNDERSTAND IT AND AGREE
TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING ON BEHALF OF EACH HAS BEEN AUTHORIZED TO DO SO. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
SYMBIUM CORP. CITY OF RIPON
By: By:
Name: Name:
Title: Title:
Email: Email:
Date: Date:
EXHIBIT A-1 – ORDER
This Order, once executed, is governed by the Symbium Master Licensing Agreement between Symbium Corp. (“Symbium”) and City of Ripon (“Licensee”) (the “Agreement”). All fees set forth herein are due pursuant to the terms of the Agreement. All capitalized terms used but not defined herein will have the meaning assigned to them in the Agreement. This Order shall control in the event of any
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conflict between this Order and the Agreement.
Prepared For:
City of Ripon
Order No.:
RIPON-001
Make Payment to:
Symbium Corp.
City of Ripon
Todd Hatch, Building Official
Building Safety, Inspections & Permits
259 N Wilma Avenue
Ripon, CA 95366
[email protected]
Initial Term:
5 years
Symbium Corp.
912 Cole St., #375
San Francisco, CA 94117
[email protected]
Payment Frequency:
N/A
SaaS Solution / Service Description Billing
Symbium’s SB379-compliant Service for
PV and ESS
● Web-based public-facing automated compliance checks
for solar energy systems as required by SB379
● Symbium service fee per plan check (per project or
revision), charged to applicants at point of sale.
$0
Symbium Express Permits ● Web-based public-facing automated compliance checks for additional permits, as requested by Licensee.
● Symbium service fee per plan check (per project or
revision), charged to applicants at point of sale.
$0
Included Integrations Read-write integrations into existing permitting workflows and state & local business licensing registries, given available APIs. $0
Ongoing Support and Maintenance Quarterly updates $0
Total $0
Additional Terms and Conditions:
1. Unless noted otherwise, the pricing above includes initial implementation and training to ensure proper use and shall be invoiced upon execution of the Agreement.
2. Symbium shall be the exclusive provider of the Services for Licensee during the Term.
3. Any additional Solutions or Services requested by Licensee that exceed the scope of this Order shall be subject to a separate signed Order between the Parties.
4. Support is available by email: [email protected].
ACCEPTED AND AGREED BY:
Symbium Corp. City of Ripon
BY: DATE: BY: DATE:
NAME: Leila Banijamali NAME:
TITLE: CEO TITLE:
EMAIL: [email protected] EMAIL:
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Packet Pg. 176 Attachment: Symbium Master Licensing Agreement (4776 : Service Agreement - Symbium solar permitting software) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/12/2025
Subject: Proclamation - San Joaquin Board of Supervisors RECOMMENDED ACTION:
Present a proclamation to San Joaquin County recognizing its 175th Anniversary.
Attachments:
1. Proclamation San Joaquin 175th Anniversary
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Proclamation
HONORING THE 175TH ANNIVERSARY OF
SAN JOAQUIN COUNTY
WHEREAS, the year 2025 marks the 175th anniversary of San Joaquin County, commemorating its establishment in 1850 alongside the founding of the State of California; and WHEREAS, San Joaquin County, named for the river that runs through its core, has long stood at the intersection of geography, culture, and opportunity, its history shaped by the original Indigenous inhabitants, early settlers, and the generations who followed; and
WHEREAS, after early periods of hardship and transformation, the discovery of gold in the mid-19th century brought a dramatic influx of new settlers, laying the foundation for lasting communities and regional development; and
WHEREAS, the arrival of the railroad in the 1860s positioned the County as a critical link between East and West, accelerating commerce and growth through the dedication of a diverse workforce whose contributions shaped California’s infrastructure; and
WHEREAS, the County’s fertile land and temperate climate led to a flourishing agricultural economy, producing an array of crops and supporting a way of life that continues to feed the State and the Nation; and WHEREAS, the evolution of agricultural practices, supported by technological innovation and irrigation infrastructure, fostered industry and trade that expanded well into the 20th century and beyond; and WHEREAS, through periods of war, change, and growth, the people of San Joaquin County have demonstrated resilience, creativity, and a commitment to building strong communities; and WHEREAS, the postwar era ushered in new opportunities in education, housing, and transportation, helping shape the modern character of the County as a place where individuals and families continue to thrive; and WHEREAS, San Joaquin County today stands as a vibrant, diverse, and essential part of California’s Central Valley, honoring its past while looking toward the promise of the future.
NOW, THEREFORE, the City Council of the City of Ripon, speaking on behalf of all of our people do hereby publicly recognize and celebrate San Joaquin County’s remarkable history, its enduring spirit, and the contributions of all those who have made it a place to live, work, and grow for generations.
IN WITNESS WHEREOF, I do hereby set my hand, and cause the Corporate Seal of the City of Ripon to be affixed this 12th day of August in the year 2025.
DANIEL DE GRAAF, Mayor
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Packet Pg. 178 Attachment: Proclamation San Joaquin 175th Anniversary (4779 : Proclamation - San Joaquin Board of Supervisors) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/12/2025
Subject: Proclamation - Ripon Christian High School
RECOMMENDED ACTION:
Present a proclamation to Ripon Christian High School in recognition of its outstanding athletic accomplishments.
Attachments:
1. Proclamation Ripon Christian 25_Spring
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Proclamation
HONORING THE RIPON CHRISTIAN HIGH SCHOOL
2024-2025 SPRING ATHLETIC ACCOMPLISHMENTS
WHEREAS, the hard work, dedication, sportsmanship, talent and exceptional team chemistry of the 2024-2025 Ripon Christian Boys’ Volleyball team and the Co-Ed Tennis team has enabled these student athletes to earn championship titles; and WHEREAS, the Ripon Christian Boys’ Volleyball team earned the title of California Interscholastic Federation (CIF) Division 3 Sac-Joaquin Section Champions; and WHEREAS, the Ripon Christian Co-Ed Tennis team earned the title of California Interscholastic Federation (CIF) Division 2 Sac-Joaquin Section Champions; and WHEREAS, the coaching staff, team member parents, faculty and student body at Ripon Christian High School were integral in guiding the teams to victory through their unwavering support.
NOW, THEREFORE, I, Daniel de Graaf, Mayor of the City of Ripon, do hereby recognize and heartily congratulate Ripon Christian High School on its outstanding accomplishments.
FURTHERMORE, the City Council of the City of Ripon, speaking on behalf of all our people, do hereby publicly congratulate the Ripon Christian Boys’ Volleyball team and the Co-Ed Tennis team, on their accomplishments.
IN WITNESS WHEREOF, I do hereby set my hand, and cause
the Corporate Seal of the City of Ripon to be affixed this 12th day of August in the year 2025.
DANIEL DE GRAAF, Mayor
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Packet Pg. 180 Attachment: Proclamation Ripon Christian 25_Spring (4773 : Proclamation - Ripon Christian High School) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/12/2025
Subject: Proclamation - Ripon High School
RECOMMENDED ACTION:
Present a proclamation to Ripon High School in recognition of its outstanding athletic accomplishments.
Attachments:
1. Proclamation RH Indians_Spring
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Proclamation
HONORING THE RIPON HIGH SCHOOL
2024-2025 SPRING ATHLETIC ACCOMPLISHMENTS
WHEREAS, the hard work, dedication, sportsmanship, talent and exceptional team chemistry of the 2024-2025 Ripon High School Varsity Boys’ Track and Field team, the Varsity Girls’ Track and Field team and Starla Skiles has enabled these student athletes to excel in their respective sports; and
WHEREAS, the Ripon High School Varsity Boys’ Track and Field team earned the title of California Interscholastic Federation (CIF) Division 5 Sac-Joaquin Section Champions; and WHEREAS, the Ripon High School Varsity Girls’ Track and Field team earned the title of California Interscholastic Federation (CIF) Division 5 Sac-Joaquin Section Champions; and WHEREAS, Starla Skiles, as part of the Track and Field team, placed ninth in the California Interscholastic Federation (CIF) State Track Meet for the 300 hurdles; and WHEREAS, the coaching staff, team member parents, faculty and student body at Ripon High School were integral in guiding the student athletes to victory through their unwavering support.
NOW, THEREFORE, I, Daniel de Graaf, Mayor of the City of Ripon, do hereby recognize and heartily congratulate Ripon High School on its outstanding accomplishments.
FURTHERMORE, the City Council of the City of Ripon, speaking on behalf of all our people, do hereby publicly congratulate the Ripon High School Varsity Boys’ Track and Field team, the Varsity Girls’ Track and Field team and Starla Skiles on their accomplishments.
IN WITNESS WHEREOF, I do hereby set my hand, and cause
the Corporate Seal of the City of Ripon to be affixed this 12th day of August in the year 2025.
DANIEL DE GRAAF, Mayor
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Packet Pg. 182 Attachment: Proclamation RH Indians_Spring (4778 : Proclamation - Ripon High School) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/12/2025
Subject: Amount of money raised by taxation
RECOMMENDED ACTION:
Staff is requesting that Council waive the second reading and adopt this ordinance.
Per Government Code Section 36937, this ordinance will take effect immediately because it relates to “taxes for the usual and current expense of the City.” BACKGROUND:
This is an annual ordinance required to certify the 2025/2026 appropriation limits also known as the GANN limits. In essence, it is saying that the taxes that we collect are below the ceiling that we are allowed to collect based upon the rates set by Proposition 4 passed in 1979.
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ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF RIPON FIXING THE
AMOUNT OF MONEY TO BE RAISED BY TAXATION AND
THE RATE OR RATES OF TAX THEREFORE NECESSARY
TO CARRY ON THE VARIOUS FUNCTIONS AND
DEPARTMENTS OF THE CITY OF RIPON AND REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH
The City Council of the City of Ripon does ordain as follows:
Section 1: It is hereby found, determined and declared that the amount of money to be raised by taxation of all property in the City of Ripon, subject to taxation for municipal purposes, necessary to carry on the various departments of the City of Ripon is as follows:
For General Fund: $-0-
For Planning Department: $-0-
A total sum of: $-0-
Section 2: For the purposes named in Section 1 hereof, taxes for the fiscal year beginning July 1, 2025, are hereby levied on all property in the City of Ripon, subject to municipal taxation at the following rates on each ONE HUNDRED DOLLARS ($100.00) of the assess valuation thereof as assessed and equalized by the County of San Joaquin, State of California, as follows:
For General Fund at a rate: $-0-
A total tax rate of: $-0-
Section 3: It is further ordered that for the purposes outlined in Section 1 hereof for defraying the lawful expenses incurred by the Planning Department in carrying out a planning program in the City of Ripon, the following rate on each ONE HUNDRED DOLLARS ($100.00) of assessed valuation thereof as assessed and equalized by the County of San Joaquin, State of California, as follows:
For the Planning Department of the City of Ripon $-0-
A total tax rate of: $-0-
Section 4: It is further ordered that for maintenance and costs for the fiscal year commencing July 1, 2025, of the combined District consisting of the former Ripon Municipal Sewer District No. 1 and the Ripon Sanitary District, now designated and merged into one District known as Ripon Municipal Sewer District No. 1 of the City of Ripon, that the following rate on each ONE HUNDRED DOLLARS ($100.00) of assessed valuation thereof, as assessed and equalized by the County of San Joaquin,
State of California be fixed as follows:
For the Municipal Sewer District No. 1 of the City of
Ripon maintenance and costs at a tax rate of: $-0-
Section 5: The City Clerk of the City of Ripon hereby certifies that the 2025/2026 appropriation limit of the City of Ripon is hereby determined to be the sum of TWENTY-FOUR MILLION, EIGHT HUNDRED SIXTY-NINE THOUSAND, THREE HUNDRED FORTYEIGHT DOLLARS AND NO CENTS ($24,869,348.00) and the 2025/2026 appropriation subject to appropriation limitations is the sum of NINE MILLION, SEVEN HUNDRED TWENTY THOUSAND, SIX HUNDRED NINETY-ONE DOLLARS AND NO CENTS ($9,720,691.00).
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Section 6: The City Clerk of the City of Ripon shall certify to the passage of this Ordinance and cause the same to be published in the newspaper of general circulation published in the City of Ripon, and it shall take effect and be in full force immediately as a taxing ordinance of the City of Ripon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of August, 2025, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, 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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