Ripon City Council
Special Meeting Minutes
THURSDAY, APRIL 23, 2026
SPECIAL MEETING
1:30 PM
The Special Meeting was called to order by Vice Mayor Dean Uecker at 1:30 PM ROLL CALL:
Attendee Name Title Status Arrived
Gary Barton Mayor Absent
Dean Uecker Vice Mayor Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Absent
Other Present: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., Planning Director Ken Zuidervaart, Associate Civil Engineer Spencer Schroen, Planning Secretary Michael Winters, Information Systems Technician Elizabeth Farnam.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
1. TOPICS OF DISCUSSION
A. SUBDIVISION IMPROVEMENT AGREEMENT AMENDMENT NO. 3
Lennar Homes of California LLC Approve and authorize the Mayor to sign Amendment No. 3 of the Subdivision
Improvement Agreement between the City
of Ripon and Lennar Homes of California
LLC to remove the restriction on the
number of building permits that may be
issued and to include an indemnification
provision related to public access to the
project area prior to City acceptance.
Associate Civil Engineer Spencer Schroen explained the Third Amendment to the Subdivision Improvement Agreement. He noted that the original Subdivision Improvement Agreement required Lennar to complete all public infrastructure improvements prior to the City's acceptance of the subdivision. Schroen explained that the Third Amendment makes two changes to the original agreement. First, the amendment allows Lennar to pull the remaining 67 building permits. Second, the amendment includes an indemnification clause protecting the City from any risk or litigation, which would allow Lennar Homes to open their model homes to the public.
City Council Page 2 April 23, 2026
Council Member Restuccia requested further clarification regarding the indemnification clause.
City Attorney Tom Terpstra Jr. further explained the indemnification clause, noting that until the City accepts the subdivision improvements, the property remains privately owned and any liability would fall on the property owner, which is Lennar. He explained that the purpose of the indemnification clause is for Lennar to hold the City harmless from any associated liability.
Motion to approve Amendment No. 3 of the Subdivision Improvement Agreement between the City of Ripon and Lennar Homes of California LLC to remove the restriction on the number of building permits that may be issued and to include an indemnification provision related to public access to the project area prior to City Acceptance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Uecker, Restuccia, Zuber
ABSENT: Barton, de Graaf
B. WEST RIPON ROAD OVERLAY PROJECT
Knife River Construction Award the contract for the W. Ripon Road Overlay Project to Knife River
Construction in the not to exceed amount
of $342,852.00 and authorize staff to
proceed (funding source: Street and Road
Reconstruction Fund).
Associate Civil Engineer Spencer Schroen explained that the West Ripon Road Overlay project was put out to bid. Schroen said Consolidated Engineering submitted the lowest bid; however, their bid was found to be non-compliant with the material terms of the bid documents and was subsequently disqualified. As a result, Knife River Construction was determined to be the lowest responsible bidder, with a bid of $342,852. Schroen stated that staff recommends awarding the contract to Knife River Construction.
Motion to award the contract for the West Ripon Road Overlay Project to Knife River Construction in the not to exceed amount of $342,852.00 and authorize staff to proceed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Uecker, Restuccia, Zuber
ABSENT: Barton, de Graaf
City Council Page 3 April 23, 2026
2. ADJOURNMENT
There being no further business, the meeting was adjourned at 1:46 PM. (Signed) Dean Uecker
Vice Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen, Associate Civil Engineer
Date: 04/23/2026
Subject: Lennar Subdivision Improvement Agreement - Amendment No.3 RECOMMENDED ACTION:
Approve and authorize the Mayor to sign Amendment No. 3 of the Subdivision Improvement Agreement between the City of Ripon and Lennar Homes of California LLC to remove the restriction on the number of building permits that may be issued and to include an indemnification provision related to public access to the project area prior to City acceptance.
BACKGROUND:
The Meadowood Residential Subdivision project was approved on February 13, 2018 for the development of 88 single-family homes west of Fulton Avenue. As a condition of the approval, the developer is required to construct the full-width improvements to Fulton Avenue along the project frontage. In addition, the final subdivision map is not to be recorded until all civil improvements, including off-site improvements, have been accepted by the City Council.
At the August 13, 2024 City Council meeting, Council approved the Lennar Homes Subdivision Improvement Agreement between the City of Ripon and Lennar Homes of California LLC to guarantee the completion of improvements within the public right-of-way in accordance with the previously approved Development Agreement.
At the August 12, 2025 City Council meeting, Council approved Amendment No. 1 to the Lennar Homes Subdivision Improvement Agreement, which formally assigned to Lennar the rights previously granted to the City under the existing Master Encroachment Agreement between the City and South San Joaquin Irrigation District.
At the October 14, 2025 City Council meeting, Council approved Amendment No. 2 to the Lennar Homes Subdivision Improvement Agreement to (1) reimburse costs in an amount not to exceed $756,092 for the full-width extension of Fulton Avenue beyond Meadowood’s conditions
1.1 Packet Pg. 4
of approval, and (2) process the final map to allow Lennar Homes of California LLC to construct 17 homes.
DISCUSSION:
Amendment No. 3 makes two changes to the Subdivision Improvement Agreement. First, it removes the previously imposed limit of 17 building permits, allowing Lennar Homes to pull permits for all homes in the development. However, Lennar Homes may not close any sales or transfer any property to a homeowner until all improvements have been completed and accepted by the City.
Second, as Lennar Homes prepares to open model homes to the public, the amendment includes an indemnification provision to address potential liability associated with public access to the project area prior to City acceptance of the improvements. Lennar Homes agrees to indemnify and hold the City harmless from any claims or liability arising from such access.
FISCAL IMPACT:
None.
Attachments:
1. SIA-Meadowood_Amendment_3
1.1 Packet Pg. 5
Error! Unknown document property name.
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.
THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Third Amendment”) is made and entered into as of _____________, 2026 (“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, as amended by that certain First Amendment to Subdivision Improvement Agreement dated August 12, 2025 and recorded in the official records of San Joaquin County as Document No. 2025-072839 on August 28, 2025 and that certain Second Amendment to Subdivision Improvement Agreement dated October 14, 2025 and recorded in the official records of San Joaquin County as Document No. 2025-094141 on November 3, 2025 (together, the “SIA”).
B. City and Developer desire to amend the SIA to permit building permits to be issued and purchase and sale agreements to be entered into prior to completion and acceptance of all Improvements and terms related to access to the Project Area prior to City acceptance of the Improvements.
1.1.a
Packet Pg. 6
Attachment: SIA-Meadowood_Amendment_3 (5048 : Lennar Subdivision Improvement Agreement - Amendment No.3) Error! Unknown document property name.
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 Third 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 Second Amendment.
ARTICLE II.
SPECIFIC AMENDMENTS
Section 2.1 Section 2 of the SIA is deleted in its entirety and replaced with the following (deletions shown in strike out; additions shown as double underlined):
“2. Improvement Security.
The Final Map for all residential lots may be recorded prior to all Improvements being completed and accepted by the City. However, prior to all Improvements being completed and accepted by the City, Developer shall not close any transactions for and/or City (i) shall not issue more than 17 building permits for residential units; and (ii) shall not issue any certificates of occupancy for a residential unit. Developer shall also not enter into any agreements to convey residential lot(s) to a homeowner until all Improvements are completed and accepted by the City.
Developer shall deposit simultaneously with the signing of this Agreement, a Faithful Performance Improvement Bond and a Labor and Material Bond, each in the total amount of $470,975, for the estimated cost of the Fulton Avenue and Goodwin Drive improvements. Developer may submit cash, certified check, letter of credit, or other evidence satisfactory to the City Attorney of the City of Ripon in lieu of bonds to cover the estimated cost of the construction of and completion of improvements for Fulton Avenue and improvements for Goodwin Drive as shown on the approved improvement plans and accompanying cost estimate, attached hereto as “Exhibit C”, as approved by the Ripon City Engineer.”
Section 2.2 The SIA is hereby amended to include the following new Section 28:
“28 Indemnification. Developer desires to open the Project Area to potential homebuyers prior to all Improvements being completed and accepted by the City and agrees to the following indemnity provisions to address City concerns related to liability for such access. Developer hereby releases and agrees to indemnify, hold and save
1.1.a
Packet Pg. 7
Attachment: SIA-Meadowood_Amendment_3 (5048 : Lennar Subdivision Improvement Agreement - Amendment No.3) Error! Unknown document property name.
City, its officers, and employees, harmless from any and all claims, demands, costs, losses, damages, injuries or liability, including attorney’s fees, howsoever caused, to the extent related to Developer’s invitee’s (including without limitation potential homebuyers) access to the Project Area that occurs prior to the date the City accepts all the Improvements. Developer shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault, active negligence, gross negligence or willful misconduct of City, inclusive of its officers, employees, and agents.
ARTICLE III.
MISCELLANEOUS
Section 3.1 Ratification. Except as expressly modified by this Third Amendment, the SIA remains in full force and effect.
Section 3.2 Recordation. The Third Amendment shall be recorded in the Official Records of San Joaquin County within a reasonable time after the Amendment Date.
Section 3.3 Execution in Counterparts. This Second 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.
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
Gary Barton, Mayor Click here to enter text.
1.1.a
Packet Pg. 8
Attachment: SIA-Meadowood_Amendment_3 (5048 : Lennar Subdivision Improvement Agreement - Amendment No.3) Error! Unknown document property name.
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 _________________, 2026, 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
1.1.a
Packet Pg. 9
Attachment: SIA-Meadowood_Amendment_3 (5048 : Lennar Subdivision Improvement Agreement - Amendment No.3) Error! Unknown document property name.
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 _________________, 2026, 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
1.1.a
Packet Pg. 10
Attachment: SIA-Meadowood_Amendment_3 (5048 : Lennar Subdivision Improvement Agreement - Amendment No.3) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen, Associate Civil Engineer
Date: 04/23/2026
Subject: W. Ripon Road Overlay Project
RECOMMENDED ACTION:
Award the contract for the West Ripon Road Overlay Project to Knife River Construction in the not to exceed amount of $342,852.00 and authorize staff to proceed (funding source: Street and Road Reconstruction Fund).
BACKGROUND:
West Ripon Road is an important arterial roadway that carries a high volume of daily traffic.
The segment of West Ripon Road between Jack Tone Road and South Highland Avenue has experienced significant degradation caused by aging materials and prolonged use.
The purpose of the West Ripon Overlay Project is to restore the integrity of West Ripon Road between Jack Tone Road and City limits located near South Highland Avenue by completing the following improvements:
Two-inch grind and overlay
Deep lift asphalt reconstruction where failure has occurred Thermoplastic striping
DISCUSSION:
On April 1, 2026, bids for the W. Ripon Road Overlay Project were opened. Four (4) bids were received as summarized below:
Consolidated Engineering $340,060.00
Knife River Construction $342,852.00
Dirt Dynasty $369,435.00
Tom Mayo Construction $369,920.00
City staff has reviewed the bids and found the apparent lowest bidder, Consolidated Engineering
1.2 Packet Pg. 11
to be noncompliant with the material terms of the Invitation to Bid1 . Therefore, Knife River
Construction was found to be the lowest responsive bidder. The Contractor has submitted the bid bond and all required documents.
FISCAL IMPACT:
The total cost of construction for the W. Ripon Road Overlay Project is $342,852.00 and will be funded through the Street and Road Reconstruction Fund, which has a balance of $2,104,590.09
1 Consolidated Engineering’s Bid Proposal did not include a complete list of subcontractors and therefore did not comply with the material terms of the Invitation to bid.
1.2 Packet Pg. 12