Ripon City Council Minutes
TUESDAY, AUGUST 11, 2026 – 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 Daniel de Graaf, Leo Zuber, Michael Restuccia, Vice Mayor Dean Uecker, Mayor Gary Barton.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., Planning Director Ken Zuidervaart, City Clerk Lisa Roos.
IN THE MATTER OF:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9(d)(1) of the California Government Code. 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. Eastern San Joaquin Groundwater Authority Case #: CV-20-001720
2. Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – APNS: 259-276-10, 259-275-06, 259-275-07
Return to open session.
City Attorney Terpstra 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 Barton leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Glenn Gerdes gave the invocation.
City Council Page 2 August 11, 2026
ROLL CALL:
Attendee Name Title Status Arrived
Gary Barton Mayor Present
Dean Uecker Vice Mayor Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
Daniel de Graaf 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 Trevor Quevedo, Glenn Gerdes, Roberta Alejo, Lucio Bello Jr., Jonathan Cloward, Adam Corkins, Carolyn Tr..
PUBLIC DISCUSSION:
Emil Guillermo, Poet Laureate said he had written a poem and proceeded to read it.
Guillermo invited the public to come to the poetry meetings held at the library.
Adam Corkins said he remained concerned that portions of the proposed ADU ordinance conflict with state law. He emphasized that ADUs provide important opportunities for multigenerational housing and can benefit the community through additional housing, property improvements, and increased tax revenue.
Corkins encouraged the City to take an incentive-based approach rather than create unnecessary barriers to ADU development. He cited Government Code Section 66316 and Bateson v. Geisse, stating that state law requires ministerial approval when applicable. He requested that the City ensure the ordinance complies with state law, obtain a written legal analysis from counsel, and not enforce restrictions that are not permitted under state law.
On behalf of the public, City Clerk Roos read the following public comment:
Carol Bauman-Gish said on behalf of "With Ripon Fire" she wanted to thank the Ripon City Council for unanimously voting yes on all City-owned property ballots to support the Ripon Consolidated Fire Suppression measure.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of July 14, 2026.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1. CITY COUNCIL - REGULAR MEETING - JUL 14, 2026 6:00 PM City Council Page 3 August 11, 2026
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2025 $381,013.12)
FY 2026-27 YTD: $326,927
FY 2025-26 YTD: $381,013
Highway Users Tax
(June 2025 $38,390.04)
FY 2025-26 YTD: $446,390
FY 2024-25 YTD: $452,862
SB1 Street & Road Tax
(July 2025 $36,566.50)
FY 2026-27 YTD: $37,197
FY 2025-26 YTD: $36,567
$326,926.63
$36,028.40
$37,196.53
TOTAL $400,151.56
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
August 2026 $3,500.00
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – June 2026 $7,182.47
D. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – June 2026 $14,403.36
City Council Page 4 August 11, 2026
1.2. Bills, Invoices, Payments
A. SIEGFRIED ENGINEERING, INC.
Civil Design for the N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #52364 $4,639.00
B. ASPEN SURVEY COMPANY, INC.
State Mandated Survey Monument Evaluation
Progress Payment – Invoice #26-001-1 $1,100.00
C. CORONA ENVIRONMENTAL CONSULTING, LLC
Water Quality Consulting Services
Progress Payment – Invoice #U-9841
Progress Payment – Invoice #U-9881
$3,772.50
$1,565.00
TOTAL $5,337.50
D. FEHR AND PEERS
Traffic Engineering for N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #197489 $1,102.40
E. KNIFE RIVER CONSTRUCTION
W. Ripon Road Overlay Project
Progress Payment – Invoice #2 $238,722.65
F. ESTATE DESIGN AND CONSTRUCTION, INC.
Senior Center Rehabilitation Project
Progress Payment – Invoice #6 $122,707.11
G. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July Invoice #AR111574 $2,738.23
H. ALLEN A. WAGGONER CONSTRUCTION, INC.
Downtown Roadway Improvement Project - Potholing
Progress Payment – Invoice #1 $34,995.00
I. PRICE PAIGE & COMPANY
Financial Audit Services
Progress Payment – Invoice #39238 $5,110.00
J. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Administrative Expenses
2nd Quarter 2026 - Invoice #2026Q2 $5,600.03
K. LAW OFFICE OF THOMAS H. TERPSTRA, JR.
General Matters
Police Department
$7,257.00
$5,373.50
TOTAL $12,630.50
City Council Page 5 August 11, 2026
L. LIEBERT CASSIDY WHITMORE
Professional Consultation Services
Invoice # 328017 $1,497.00
M. BASECAMP ENVIRONMENTAL, INC.
Environmental Review for Battery Storage Project on Fourth Street Invoice #52931
Invoice #52992
$1,523.75
$5,307.50
TOTAL $6,831.25
N. LENNAR HOMES OF CALIFORNIA, LLC
Fulton Avenue Improvements Reimbursement $768,092.00
1.3. Resolutions
A. RESOLUTION NO. 26-29
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
Approve this resolution for the 2025-26
fiscal year that authorizes transfers from
(1) Enterprise Operating Funds to
Enterprise Capital Reserve Funds, (2)
General Fund to CNG Station Capital
Reserve Fund, (3) General Fund to
CalPERS Contingency Fund (funds
invested in a Section 115 Trust), and (4)
Street and Road Operating Fund to the
LTF Transit Fund.
B. RESOLUTION NO. 26-30
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 2025-2026
expenses of street and road maintenance
and repairs and (2) transfer street and
road revenue to the Street and Road
Reconstruction Reserve fund.
1.4. Miscellaneous Items
A. DESIGNATION OF SURPLUS EQUIPMENT
Police Department and Public Works
Department
Declare the listed City equipment be
designated as surplus and authorize the
equipment to be sold utilizing a local
auction house or disposed of, in
accordance with Ripon Municipal Code
Chapter 3.32.
City Council Page 6 August 11, 2026
B. PERCOLATION POND RESTORATION CONTRACT
Triple M Enterprises, Inc. Approve and authorize the Mayor to sign the contract with Triple M
Enterprises, Inc. to perform restoration
work at the Waste Water Treatment
Plant disposal ponds, in the not to
exceed amount of $49,760 (funding
source: Sewer Enterprise Capital Fund).
C. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2025 - June 30, 2026 Accept the City’s annual investment report for the period ending June 30,
2026.
D. MAIN STREET & JACK TONE ROAD INTERSECTION TRAFFIC SIGNAL
POLE/ARM REPLACEMENT
St. Francis Electric, LLC Approve and authorize the Mayor to sign the contract with St. Francis
Electric, LLC to replace a traffic signal
pole and arm at the Main Street and Jack
Tone Road intersection, in the not to
exceed amount of $55,725 (funding
source: Street and Road Operating
Fund).
E. WEST RIPON ROAD OVERLAY PROJECT
Knife River Construction
Change Order No. 1
Approve Change Order No. 1 for the
West Ripon Road Overlay Project to
address asphalt quantity overages,
striping modifications, reflective
pavement markers, and curb ramp
reconstruction, in the not to exceed
amount of $58,399.04 (funding source:
Street and Road Operating Fund).
F. WIRELESS NETWORK EXPANSION
Howell Communications Inc.
Installation Contractor
Approve and authorize the Mayor to
sign the Services Agreement with
Howell Communications Inc. to
complete the labor and installation of
the wireless network equipment on the
Ripon Police Department Tower, Ripon
Communications Tower and Mistlin
Water Tower in the not to exceed
amount of $13,350.00 (funding sources:
Wireless Network Expansion Fund).
City Council Page 7 August 11, 2026
G. PROCLAMATION
Ripon Little League 10U Minors All
Stars Softball Team
Present a proclamation to Ripon Little
League 10U Minors All Stars Softball
Team recognizing its outstanding
athletic accomplishments.
**END OF CONSENT CALENDAR**
PRESENTATION OF PROCLAMATION
Mayor Barton presented a proclamation to the Ripon Little League 10U Minors All Stars Softball Team recognizing their outstanding athletic accomplishments.
2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 939
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDS A PORTION OF CHAPTER
6.12 "ANIMAL OWNERSHIP, CARE
AND TREATMENT GENERALLY" OF
THE RIPON MUNICIPAL CODE
This ordinance adds subsection “E” to
Chapter 6.12.110 "Public Nuisance
Declared" in the Ripon Municipal Code,
declaring a public nuisance for feeding
animals on any public property.
Police Chief Sauer said this ordinance amends a portion of Chapter 6.12 to declare a public nuisance for feeding animals on any public property.
Council Member Restuccia asked whether the proposed ordinance had any enforcement provisions or penalties for violations, comparing it to running a stop sign without consequences. He asked whether the violation would be addressed under another section of the Municipal Code.
City Attorney Terpstra advised that a violation of the Municipal Code is generally a misdemeanor that may also be prosecuted as an infraction. He said the anticipated approach would be to issue an infraction citation for the prohibited conduct. Terpstra said that because the conduct is considered a nuisance, Animal Control Services would first have the ability to issue a cease-and-desist order, which would serve as a warning and educational opportunity.
He said if the conduct continued, an infraction citation could be issued, with a $100 fine for the first offense and escalating penalties for subsequent offenses.
Restuccia said he hoped the warning would be effective and acknowledged that people may feed animals because they care about them and do not realize they are creating a nuisance or problem. He thanked staff for clarifying the enforcement process.
Council Member de Graaf said he had also been curious about how the ordinance would be enforced. He noted that the issue extends beyond nuisance concerns and can affect wildlife, endangered species, and natural areas and waterways. He specifically referenced the riparian brush rabbit, noting that the presence of large numbers of feral cats along portions of the San Joaquin River could negatively affect the rabbit’s limited population.
City Council Page 8 August 11, 2026
de Graaf said that while residents may intend to help cats and other animals by feeding them, doing so can contribute to the population increasing and create a larger problem. He expressed support for taking action on the issue and said he viewed the ordinance as a good first step.
de Graaf asked Sauer whether Animal Control had an estimate of the number of feral cats in the City. Sauer said that Animal Control did not have an estimate.
Motion to waive the first reading and introduce Ordinance 939 adding subsection “E” to Chapter 6.12.110 "Public Nuisance Declared" in the Ripon Municipal Code, declaring a public nuisance for feeding animals on any public property.
RESULT: FIRST READING [UNANIMOUS] Next: 9/8/2026 6:00 PM MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
First Reading and Introduction
B. ORDINANCE NO. 940
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 8.12
"GARBAGE COLLECTION AND
DISPOSAL" OF THE RIPON
MUNICIPAL CODE
This ordinance amends Chapter 8.12,
“Garbage Collection and Disposal” of the
Ripon Municipal Code to update multiple
sections for clarity and alignment with
current practices and operations of the City
garbage collection service.
Public Works Director Pease said the proposed ordinance update was primarily a housekeeping update to Chapter 8.12 regarding garbage collection and disposal. He said it would not create significant new requirements for residents or businesses, but would clarify existing language, update administrative procedures, and align the Municipal Code with current solid waste operations and state requirements.
Pease said Section 8.12.020 would allow permitted waste collectors to provide service to select rural residential areas within City limits when City collection is determined to be impractical. He explained that a few properties on the outskirts of the City are currently served by other providers because servicing those areas would be outside the City's normal operational routes.
Pease said Section 8.12.190 would combine existing provisions and extend the free annual brush collection period from January 7 to January 14, as previously requested by Council. He noted that Council would retain the ability to modify the collection period by resolution, particularly when additional collection time may be needed to address seasonal conditions and localized flooding.
Pease said Section 8.12.200 would codify the City's existing large-item collection program, including eligibility, scheduling requirements, service limitations, and the ability for staff to update the list of acceptable materials as needed based on available disposal locations. Pease City Council Page 9 August 11, 2026
said Section 8.12.210 would rescind the existing unacceptable materials section, as most of those provisions would be incorporated into the large-item collection program.
Pease said the remaining amendments consisted of minor formatting changes and clarification of permit fees to provide consistency with current operations. He noted that the fiscal impact of extending the annual brush collection period could increase expenditures from the Garbage Operations Fund by up to approximately $5,000.
Motion to waive the first reading and introduce Ordinance 940 amending Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code to update multiple sections for clarity and alignment with current practices and operations of the City garbage collection service.
RESULT: FIRST READING [UNANIMOUS] Next: 9/8/2026 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
Second Reading and Adoption
C. ORDINANCE NO. 938
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 is an annual ordinance required to certify the 2026/2027 appropriation limits also known as the GANN limits.
Motion to waive the second reading and adopt Ordinance 938 setting the amount of money raised by taxes necessary to carry on the various functions of the City of Ripon.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Dean Uecker, Vice Mayor
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
City Council Page 10 August 11, 2026
3. DISCUSSION ITEMS
A. WESTSIDE AREA PLAN
Discussion/Action Staff will provide an overview of the Westside Area Plan planning process,
schedule, and public outreach efforts.
Approve and authorize the Mayor to sign
the Professional Services Agreement with
Mintier Harnish to prepare the Westside
Area Plan (General Plan and Development
Title Amendments) in the amount of
$558,290 (funding source: Department
General Capital Fund).
Planning Director Zuidervaart said staff was recommending that the City Council approve and authorize the Mayor to sign the agreement with Mintier Harnish to begin preparation of the Westside Area Plan, a comprehensive long-range planning effort for approximately 1,800 acres on the west side of Ripon.
Zuidervaart explained that the area is primarily outside the current City limits but within the City’s General Plan boundary and includes property identified for future growth. He said the plan would address land uses, circulation, infrastructure, public services, and economic development, with the goal of establishing a comprehensive and fiscally sustainable framework for future development.
Zuidervaart said the process would include General Plan and Development Code amendments, preparation of a Program EIR, an update to the City’s Sphere of Influence, and eventual annexation of some property through LAFCO. He emphasized that the City would not be looking to annex the entire 1,800-acre area.
Zuidervaart said public engagement would be a significant part of the process, including a dedicated project webpage, regular communications, approximately 20 interviews with property owners and potential developers, and opportunities for the Planning Commission, City Council, and community to provide input. He noted that Council would provide policy direction on the land use plan before the environmental review process begins.
Zuidervaart said the project was anticipated to take approximately 16 months, with the initial months focused on project initiation, data collection, and stakeholder outreach, followed by refinement of the land use and circulation plans, environmental review, public hearings, and the LAFCO process. He noted that the schedule was preliminary and would be refined once the consultant was under contract. He said the west side represented the City’s largest remaining opportunity for comprehensively planning future growth and economic development, particularly the property adjacent to Highway 99, and that the goal was to proactively establish the framework before individual development projects came forward.
City Council Page 11 August 11, 2026
Zuidervaart said the City had solicited proposals from three firms and selected Mintier Harnish because its proposal was considered the most responsive and provided a strong approach to public outreach. He noted that the firm was not the lowest-priced proposal but was in the middle of the three in cost and would be working with additional consultants as part of the project team.
Council Member de Graaf asked whether there were specific termination options in the agreement that would allow the City to stop the project if it did not agree with the direction or if issues arose during the process. City Attorney Terpstra said that the City retained the right to terminate the contract for convenience, without cause or written notice. de Graaf said the question was intended to ensure the City retained flexibility throughout the lengthy planning process.
Council Member Restuccia asked whether the City had previously worked with Mintier Harnish and how the firm was selected aside from price. Zuidervaart said the consultant had not previously worked directly for the City, but they have completed numerous projects throughout the Central Valley, including a major General Plan update for San Joaquin County. de Graaf noted that the project team included several other consultants with experience in local projects.
Restuccia said the City had been discussing the Westside Plan for much longer than the proposed 16-month schedule and questioned whether the process would actually be completed that quickly. He expressed support for the public outreach component and said the planning effort is necessary to establish a framework for future development, even if construction would not occur for many years. He said the plan could provide long-term opportunities for the community.
Zuidervaart explained that LAFCO would become involved with the portions of the project involving adjustments to the City’s Sphere of Influence and annexation. He said the City anticipated annexing some property south of Highway 99 and west of Jack Tone Road. He also explained that the consultant would update the City’s Municipal Services Review, which is required to demonstrate that the City can provide services to property proposed for annexation, and would assist with the LAFCO process.
Mayor Barton complimented staff on the planning effort and said the Westside Plan represented an exciting opportunity for Ripon and could become an important part of staff’s legacy. He said the plan could create opportunities for new businesses and help strengthen the City’s sales tax base. He also said the selection process for Mintier Harnish was clearly explained and appeared to demonstrate that the firm was the appropriate choice for the project.
Motion to approve and authorize the Mayor to sign the Professional Services Agreement with Mintier Harnish to prepare the Westside Area Plan.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
City Council Page 12 August 11, 2026
REPORTS
Department Heads:
Police Chief Sauer said the third quarter Community Outreach Meeting will take place August 12, 2026 at 7:00 pm in the EOC at the Police Department.
Recreation Director Stevens said this weekend is opening weekend for soccer.
Planning Director Zuidervaart said the Planning Commission will be reviewing a request for variance at the upcoming August 17, 2026 Planning Commission meeting.
Public Works Director Pease reported that July water usage was down 20% compared to 2013 figures, and was within 1% of last year’s numbers.
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 Attorney Terpstra said he would be attending a City soccer program that weekend as his son was participating and expressed appreciation for the City's recreation programs.
City Council:
Council Member de Graaf said he would also be attending the soccer games as a parent and commended staff for the City's athletic programs. He said it was enjoyable to see the programs from a parent's perspective and thanked staff for their work. de Graaf thanked everyone for attending the meeting.
Council Member Restuccia complimented the City's athletic programs and asked whether the soccer schedule was available online. Stevens confirmed that the schedule was posted on the City's website.
Vice Mayor Uecker shared that he had coached soccer in Ripon approximately 40 years ago and reflected on his experience with the City's youth soccer programs.
Mayor Barton expressed appreciation for the opportunity to live in the United States and said he was grateful to return home following recent international travel.
There being no further business, the meeting was adjourned at 6:44 PM. (Signed) Gary Barton
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, JULY 14, 2026 – 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 Daniel de Graaf, Leo Zuber, Michael Restuccia, Vice Mayor Dean Uecker, Mayor Gary Barton.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., City Clerk Lisa Roos.
IN THE MATTER OF:
(1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9(d)(1) of the California Government Code. 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. Eastern San Joaquin Groundwater Authority Case #: CV-20-001720
Return to open session.
City Attorney Terpstra 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 Barton leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor David Morris gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Gary Barton Mayor Present
Dean Uecker Vice Mayor Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
OTHERS PRESENT:
1 Packet Pg. 13
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 2 July 14, 2026
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, Associate Civil Engineer Spencer Shroen, Information Systems Technician Elizabeth Farnam, Connie Jorgensen, R. Storms, Carol Bauman Gish, Dan B, Doug B, David Morris, Sue DaBranca.
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 June 9, 2026 and the Special City Council Meeting of June 29, 2026.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1. CITY COUNCIL - REGULAR MEETING - JUN 9, 2026 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - JUN 29, 2026 11:00 AM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Zuber requested Item 1.4E be pulled from the Consent Calendar for discussion.
Mayor Barton requested Items 1.3A and 1.3B be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1 Packet Pg. 14
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 3 July 14, 2026
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(June 2025 $300,696.00)
FY 2025-26 YTD: $4,197,597
FY 2024-25 YTD: $4,283,226
Highway Users Tax
(May 2025 $39,377.38)
FY 2025-26 YTD: $410,362
FY 2024-25 YTD: $414,472
SB1 Street & Road Tax
(June 2025 $37,368.47)
FY 2025-26 YTD: $443,116
FY 2024-25 YTD: $431,269
$285,304.90
$43,909.31
$36,959.73
TOTAL $366,173.94
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2026 $3,500.00
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – May 2026 $7,805.43
1.2. Bills, Invoices, Payments
A. J D E ENGINEERING, INC.
Construction Management and Inspection Services
Progress Payment – Invoice #1105 $4,575.00
B. STANTEC CONSULTING SERVICES, INC.
Wastewater Discharge Permit Groundwater Monitoring
2026 1st Quarter Report - Invoice #2572904 $2,493.75
C. SIEGFRIED ENGINEERING, INC.
Civil Design for the N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #52135 $11,624.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June 2026 Invoice #AR111498 $2,570.39
E. KEESEY DESIGN
Design/Graphic Services for Pereira Subdivision $4,070.00 1 Packet Pg. 15
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 4 July 14, 2026
F. KNIFE RIVER CONSTRUCTION
W. Ripon Road Overlay Project
Progress Payment – Invoice #1 $86,986.75
G. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #39076 $2,048.00
H. CALIFORNIA CAD SOLUTIONS, INC.
Progress Payment FY 2026-2027
Invoice #701952 $1,662.50
I. BASECAMP ENVIRONMENTAL, INC.
Environmental Review for River Road Intersection
Progress Payment – Invoice #53052 $9,275.00
J. LAW OFFICE OF THOMAS H. TERPSTRA, JR.
General Matters
Police Department
$3,245.00
$7,257.00
TOTAL $10,502.00
K. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2026-2027 1st Quarter Deposits $800,584.00
L. RIPON CONSOLIDATED FIRE DISTRICT
Reimbursement for Fire Suppression Assessment Expenses $32,925.00 M. JOHN ANDOH
Transit Consulting Services
Progress Payment – Invoice #26-01 $4,000.00
1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
1.4. Miscellaneous Items
A. ANNUAL MILITARY EQUIPMENT REPORT
July 1, 2025 - June 30, 2026 Accept the City’s annual military equipment report for the year ending
June 30, 2026.
B. CLAIM
Charmaine Nieves/Alexis Nieves Reject the claim filed by Charmaine Nieves/Alexis Nieves.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 5 July 14, 2026
C. CLAIM
Mercury Insurance Reject the claim filed by Mercury
Insurance.
D. LIEBERT CASSIDY WHITMORE
Agreement for Special Services
Employment Relations Consortium
Membership (July 2026 - June 2027)
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
$3,005.00 (funding source: General
Fund).
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. 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).
G. WELL 11 - DOAK BOOSTER STATION
Tesco Controls Approve the Well 11-Doak Booster
Station Programmable Logic Controller
replacement from Tesco Controls, Inc.
in the not to exceed amount of
$33,692.00 (funding source: Water
Enterprise Capital Fund).
ITEMS PULLED FROM CONSENT
1.3A : RESOLUTION NO. 26-24
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SUBMIT A GRANT
APPLICATION TO THE SAN JOAQUIN
COUNTY AIR POLLUTION CONTROL
DISTRICT PUBLIC BENEFIT GRANT
PROGRAM FOR THE PURCHASE OF
ALTERNATIVE FUEL VEHICLES
This resolution authorizes the Public
Works Director to submit a grant
application to the San Joaquin Valley Air
Pollution Control District Public Benefit
Grant Program in the amount of
$87,912.92 for the purchase of five
alternative-fuel vehicles including four
John Deere Gator GX electric utility
vehicles and one 2026 Kia Sportage PlugIn Hybrid (funding source: Total cost is $114,037.96, which will be funded by the
grant and the General Department Capital
Fund).
1 Packet Pg. 17
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 6 July 14, 2026
Mayor Barton asked Public Works Director Pease if the City had a good prospect of success to receive the grant. Pease said the likelihood of receiving the grant is high.
Barton asked if the City has to retire any vehicles for the grant. Pease said the City does not need to retire any vehicles in order to receive the grant.
Motion to approve Resolution 26-24 authorizing the Public Works Director to submit a grant application to the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program in the amount of $87,912.92 for the purchase of five alternativefuel vehicles including four John Deere Gator GX electric utility vehicles and one 2026 Kia Sportage Plug-In Hybrid.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1.3B : RESOLUTION NO. 26-25
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE RIPON POLICE
DEPARTMENT TO EXECUTE A
GRANT AGREEMENT WITH THE
DEPARTMENT OF CALIFORNIA
HIGHWAY PATROL CANNABIS TAX
FUND GRANT PROGRAM TO
RECEIVE FUNDING IN THE AMOUNT
OF $233,732.00 TO HELP REDUCE AND
MITIGATE THE IMPACTS OF
IMPAIRED DRIVING IN OUR
COMMUNITY
This resolution authorizes the Ripon Police
Department to execute a grant agreement
with the Department of California Highway
Patrol Cannabis Tax Fund Grant Program
to receive funding in the amount of
$233,732.00 for DUI saturation patrols,
DUI checkpoints, standardized field
sobriety test training, DUI enforcement
motorcycle, and a DUI enforcement SUV.
Mayor Barton said this is an interesting opportunity and asked Chief Sauer for more information. Sauer said Officer Prather saw the grant was available and applied for it and said it will be beneficial in funding DUI patrols and checkpoints.
Motion to approve Resolution 26-25 authorizing the Ripon Police Department to execute a grant agreement with the Department of California Highway Patrol Cannabis Tax Fund Grant Program to receive funding in the amount of $233,732.00 for DUI saturation patrols, DUI checkpoints, standardized field sobriety test training, DUI enforcement motorcycle, and a DUI enforcement SUV.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1 Packet Pg. 18
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 7 July 14, 2026
1.4E : COMMUNITY CENTER PARKING LOT EXPANSION PROJECT
United Pavement Maintenance, Inc. Reject the sole bid received from United Pavement Maintenance, Inc. in the amount
of $3,108,581 for the Community Center
Parking Lot Expansion Project and
authorize staff to re-advertise the project.
Council Member Zuber confirmed that the available project funding is sufficient to cover the engineer's estimate but not the bid received, making it infeasible to proceed at the submitted bid amount. He noted that rebidding the project would provide an opportunity to receive bids within the City's budget. City Administrator Werner confirmed.
Council Member de Graaf asked for conformation that the project would be rebid without reducing the project scope. City Administrator Werner confirmed.
Motion to reject the sole bid received from United Pavement Maintenance, Inc. in the amount of $3,108,581 for the Community Center Parking Lot Expansion Project and authorize staff to re-advertise the project.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DESIGNATING THE VOTING
DELEGATE TO THE LEAGUE OF
CALIFORNIA CITIES ANNUAL
CONFERENCE
Determine if any Council Member(s) will
be attending the annual conference in
Anaheim from September 23-25, 2026.
Mayor Barton asked if anyone was interested in attending. Council declined to attend.
No action taken.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 8 July 14, 2026
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. ANNUAL ASSESSMENT FOR THE FISCAL YEAR 2026-2027 FOR THE CITY OF
RIPON LIGHTING DISTRICT
RESOLUTION NO. 26-26
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DETERMINING THE AMOUNT OF
AND APPROVING THE LEVY OF
ANNUAL ASSESSMENTS FOR FISCAL
YEAR 2026-2027 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 this is the final step in the process. He 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.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve Resolution 26-26 determining the amount of and approving the levy of the annual assessment for the fiscal year 2026-2027 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: Dean Uecker, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
1 Packet Pg. 20
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 9 July 14, 2026
B. ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2026-2027 FOR THE CITY OF
RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
RESOLUTION NO. 26-27
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DETERMINING THE AMOUNT OF
AND APPROVING THE LEVY OF
ANNUAL ASSESSMENTS FOR FISCAL
YEAR 2026-2027 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 reported the proposed annual assessment increases for the City's landscape and lighting maintenance districts: Carolina from $262.50 to $275.62 (an increase of $13.12); Cornerstone from $130.36 to $136.88 (an increase of $6.52); and Alexandria from $31.62 to $36.14 (an increase of $4.52).
Council Member Restuccia asked whether the public has access to the full report. Werner confirmed the complete report was included in the agenda packet available online.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve Resolution 26-27 determining the amount of and approving the levy of the annual assessment for the fiscal year 2026-2027 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: Dean Uecker, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
C. FISCAL YEAR 2026-2027 BUDGET
RESOLUTION NO. 26-28
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE CITY OF RIPON
FISCAL YEAR 2026-2027 OPERATING
AND CAPITAL BUDGET
This is a public hearing for the proposed
Fiscal Year 2026-2027 City Operating and
Capital Budget.
Recommended Action: This resolution
adopts the City of Ripon Fiscal Year 2026-
2027 Budget.
1 Packet Pg. 21
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 10 July 14, 2026
City Administrator Werner presented an overview of the proposed balanced budget, noting it includes funding for General Fund operations, utility funds, streets and roads, transit, debt obligations, and capital improvement projects.
Werner reviewed the budget's planned transfers, including General Fund transfers to capital replacement funds for City equipment, vehicles, technology, and parks equipment; transfers from the water, sewer, and garbage funds to reconstruction funds for future infrastructure needs; and a $92,000 transfer to support older landscape maintenance districts operating at a deficit due to limited assessment revenue.
Werner also highlighted several financial trends staff is monitoring, including General Fund expenditures increasing at a faster rate than revenues over the past four years. He attributed the higher expenditures to a combination of rising healthcare costs, CalPERS unfunded liability, workers' compensation and liability insurance costs, and inflationary impacts.
Werner provided an update on the City's lighting district, explaining that although the district has improved from a deficit to a positive fund balance since 2019 through operational changes, increasing costs and a fixed assessment are expected to reduce that financial cushion over time. He stated staff plans to return to the City Council with an engineering report evaluating the district's long-term financial outlook and potential funding options.
Werner said the proposed budget includes contributions totaling approximately $475,000 to community organizations and agencies, including the Ripon Chamber of Commerce, Ripon Memorial Library, Ripon Consolidated Fire District, Ripon Unified School District for Aquatic Center operations, and the Ripon Historical Society Museum.
Werner concluded with an overview of the City's outstanding debt, including utility and former Redevelopment Agency bonds, noting the utility bonds are scheduled to be retired in 2027 and 2032. He also summarized the City's economic development reimbursement agreements for the River Road commercial center and Happy Daze RV, explaining that both are being repaid through sales tax revenues generated by the respective developments.
Council Member Restuccia said the economic development program has been a wonderful program.
Restuccia asked for clarification for the sake of the public, on the purpose of the budgeted transfers to capital replacement funds, using the garbage operating fund as an example. He said the transfers are based on long-term capital replacement planning to ensure sufficient funding is available when major equipment, such as garbage trucks, reaches the end of its useful life.
Werner confirmed, explaining that the City maintains a capital asset database identifying equipment replacement schedules, estimated useful life and replacement costs, which are used to calculate the annual transfer amounts.
1 Packet Pg. 22
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 11 July 14, 2026
PUBLIC HEARING OPEN
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Mayor Barton commented that the trend of expenditures increasing faster than revenues is becoming more evident and, while not yet a significant concern, could require difficult financial decisions if it continues. He acknowledged staff's efforts to manage costs and noted that rising healthcare expenses and changing sales tax trends, including the increasing adoption of electric vehicles affecting fuel sales, may present future budget challenges.
Motion to approve Resolution 26-28 adopting the Fiscal Year 2026-2027 Operating and Capital Budget.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 938
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 is an annual ordinance required to certify the 2026-2027 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.
1 Packet Pg. 23
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 12 July 14, 2026
Motion to waive the first reading and introduce Ordinance 938 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: 8/11/2026 6:00 PM MOVER: Daniel de Graaf, Council Member
SECONDER: Dean Uecker, Vice Mayor
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
5. DISCUSSION ITEMS
A. RIPON CONSOLIDATED FIRE DISTRICT'S 2026 PROPERTY OWNER
ASSESSMENT BALLOTS
Discussion/Action City Council to provide direction
regarding the City’s response to the Ripon
Consolidated Fire District’s Proposition
218 assessment ballots to fund enhanced
fire suppression services for all City
owned properties.
City Clerk Roos said the staff report said there are 98 ballots for the Council to consider but there are 100 ballots for consideration.
Fire Chief DeHart provided an update on the Fire District's benefit assessment process, reporting that staff has worked closely with the consultant, SCI, to prepare the engineer's report, develop the ballot and tabulation process, and conduct extensive public outreach.
He said outreach efforts included monthly coordination meetings, stakeholder meetings, seven town hall meetings, presentations to community organizations, and door-to-door education. DeHart also recognized the contributions of the citizen advisory group, "With Ripon Fire," for assisting in the development of the assessment program and outreach efforts.
DeHart reported that ballots were mailed on June 12, 2026, to property owners within the Fire District, with approximately 5,500 ballots representing more than 6,700 parcels. He noted that replacement or corrected ballots remain available through the Fire District for eligible property owners.
DeHart outlined the remaining timeline for the assessment process, stating that ballots will be accepted through the Fire District Board meeting on August 13, 2026, counted on August 14, 2026, under the oversight of the appointed tabulator, Leo Zuber, and the results announced at a special Board meeting later that day.
DeHart concluded by reviewing the proposed annual assessment rates for the various property classifications, noting that a single-family residential parcel would be assessed $249.98 annually and that the proposed assessment is projected to generate approximately $1.7 million in annual revenue.
Council Member Restuccia reviewed the proposed rate of a vacant lot and asked what happens when someone builds on the vacant lot. DeHart said when the owner goes through permitting process, the Fire Department will reassess the lot. 1 Packet Pg. 24
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 13 July 14, 2026
Restuccia said he liked the layout of the ballot and that he feels like everyone knows about the campaign.
Council Member de Graaf said the Fire Department has done a great job of communicating the information to the public and said this is the nicest ballot presentation he has seen. He said he hopes people understand the importance of the assessment for the future.
Mayor Barton asked if the Department knows how many ballots have been received.
DeHart said he does not know how many ballots have been collected, the ballots are going to a post office box in town where they are collected by the Fire Department chaplains and taken to a lock box inside the station.
Motion to vote yes on all 100 property ballots to support the Ripon Consolidated Fire Suppression services.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
REPORTS
Department Heads:
Planning Director Zuidervaart said there will be a planning commission meeting on Monday, July 20, 2026 to consider a condo subdivision in the Kaizen River industrial park.
Public Works Director Pease reported that June water usage was down 18% compared to 2013 figures, and down 3% from last year.
City Council:
Council Member de Graaf wanted thank everyone who attended the meeting and encouraged people to vote yes on the Fire District assessment.
de Graaf said he hoped everyone enjoyed celebrating the 4th of July and the Country’s 250th anniversary.
Council Member Zuber expressed appreciation for staff's efforts to pursue grant funding opportunities, noting that grant programs can provide valuable financial resources for future City projects.
Zuber also commended staff for the City's weed management efforts, stating that property maintenance throughout the community has noticeably improved this year.
Zuber acknowledged the installation of the new pedestrian crossing lights near Ripon Elementary School on Orange Avenue, noting he had received positive feedback from residents regarding the increased visibility and improved safety. He also thanked staff for the recent improvements to West Ripon Road near Jack Tone Road, commenting on the positive feedback received following the completion of the project.
1 Packet Pg. 25
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes) City Council Page 14 July 14, 2026
Council Member Restuccia echoed Zuber's comments on the West Ripon Road project.
Mayor Barton said he wanted to recognize Recreation Director Stevens saying summertime showcases the recreation activities that the City offers.
Barton echoed de Graaf's comments regarding the 4th of July.
There being no further business, the meeting was adjourned at 6:48 PM. (Signed) Gary Barton
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Jul 14, 2026 6:00 PM (Approval of Minutes)
1.1.A.a
Packet Pg. 27
Attachment: 2026 05 advance (5161 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2500503 and 2500503AIssue Date: July 7, 2026Fiscal Year: 2025-2026Collection Period: May 24, 2026 - June 23, 2026Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Lucas Rasmussen at 916-323-1374 or at [email protected].
City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,988 $10,779.94 $8,325.96 $5,436.78 $11,485.72 $0.00 $0.00 $36,028.40 $0.00 $36,028.40 $446,390.18
1.1.A.b
Packet Pg. 28
Attachment: fy2526_6hwycityra (5161 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2500516 and 2500516A
Issue Date: July 22, 2026
Fiscal Year: 2025-2026
Collection Period: June 01, 2026 - June 30, 2026
Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.
For assistance, please contact Maria Abugarade Rayo at 916-890-3689 or at [email protected].
City Population Payment Amount Year To Date
Ripon City Treasurer 15,988 $37,196.53 $403,427.47
1 of 1
1.1.A.c
Packet Pg. 29
Attachment: rmra_cities_remit_2526_jul (5161 : State of California)
1.1.B.a
Packet Pg. 30
Attachment: CCATT (5177 : CCATT Holdings)
1.1.C.a
Packet Pg. 31
Attachment: Waste Management (5175 : Waste Management)
202606 Total
CR Cash Receipts 1 Commercial $ 34,911.13 $ 34,911.13
CR Cash Receipts 2 Roll Off $ 54,869.77 $ 54,869.77
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 89,780.90 $ 89,780.90 FFA Franchise Fee Payable 1 Franchise Fees Due $ 7,182.47 $ 7,182.47 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 $ 7,182.47 $ 7,182.47 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 7,182.47
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended June 2026
Section Description Line Description
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
1.1.C.a
Packet Pg. 32
Attachment: Waste Management (5175 : Waste Management)
1.1.D.a
Packet Pg. 33
Attachment: GIlton (5176 : Gilton Solid Waste Management, Inc.)
1.1.D.a
Packet Pg. 34
Attachment: GIlton (5176 : Gilton Solid Waste Management, Inc.) Siegfried Engineering, Inc. - 3428 Brookside Road, Stockton, CA 95219 tel:(209) 943-2021 - fax:(209) 942-0214 - tax ID #94-1648794 Page: 1 of 1
City of Ripon
Attn: James Pease
259 N. Wilma Ave
Ripon, CA 95366
3001 Topographic & Boundary Survey 17,000.00 16,982.50 16,982.50 0.00 1004 Project Management & Coordination
with COR
18,000.00 1,550.50 585.50 965.00
1003 Construction Documents (100%) 40,000.00 0.00 0.00 0.00 1002 Design Development (60%) 25,000.00 16,943.00 13,269.00 3,674.00 1001 Schematic Design (30%) 25,000.00 24,993.25 24,993.25 0.00 Contract Total 125,000.00 60,469.25 55,830.25 4,639.00
Item Description
Contract
Amount Billed To Date
Previously
Billed Current Billed
Project Engineer 2.50 186.00 $465.00
Principal 2.00 250.00 $500.00
Professional Services Subtotal 4.50 $965.00
Professional Services
Employee Type Hours Rate Amount
1004 Subtotal $965.00
1004 - Project Management & Coordination with COR
Technician II 17.50 112.00 $1,960.00
Technician I 10.00 97.00 $970.00
Project Engineer 4.00 186.00 $744.00
Professional Services Subtotal 31.50 $3,674.00
Professional Services
Employee Type Hours Rate Amount
1002 Subtotal $3,674.00
1002 - Design Development (60%)
$4,639.00
Contract: 25119
River Rd and N Ripon Rd Traffic Signal & Intersection Improvements Effort for 60% plans and cost estimate after receiving comments.
Invoice Number: 52364
Date: 7/14/2026
Engineering Services through June 28, 2026
1.2.A.a
Packet Pg. 35
Attachment: Invoice 52364_Siegfried Engineering, Inc (5162 : Siegfried Engineering, Inc.)
I T E M I Z E D I N V O I C E
NAME : CITY OF RIPON BILLING DATE : 07/14/2026
ADDRESS : 259 NORTH WILMA AVENUE INVOICE NO. : 26-001-1 CITY : RIPON, CA 95366 JOB NO. : 26-001
JOB NAME/LOCATION: SURVEY MONUMENT EVALUATION FOR PRIVATE DEVELOPMENT PROJECTS
NEEDED IN ORDER TO COMPLY WITH STATE MANDATED REQUIREMENTS ***************************************************************************************************************************
DESCRIPTION OF SERVICE AMOUNT
*************************************************************************************************************************** ENCROACHMENT PERMIT NO. 494 $ 100.00
ENCROACHMENT PERMIT NO. 497 100.00
950 SEVENTH STREET
ENCROACHMENT PERMIT NO. 499 100.00
SIDEWALK TRIP HAZARD 100.00
562 W. SANTOS AVENUE
SIDEWALK TRIP HAZARD 100.00
1113 W. MAIN STREET
SIDEWALK TRIP HAZARD 100.00
1648 & 1658 CALHOUN AVENUE
SIDEWALK TRIP HAZARD 100.00
1682 CALHOUN AVENUE
ENCROACHMENT PERMIT NO. 502 100.00
1705 N. RIPON
ENCROACHMENT PERMIT NO. 509 100.00
ENCROACHMENT PERMIT NO. 521 100.00
SIDEWALK TRIP HAZARD 100.00
437 CINDY DRIVE
___________________________________________________________________________________ INVOICE TOTAL...................................................................................................................$ 1,100.00
THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT
THANK YOU!
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472
1.2.B.a
Packet Pg. 36
Attachment: Invoice 26-001-1_Aspen Survey Company, Inc (5163 : Aspen Survey Company, Inc.)
Bill To:
Attn: Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon CA 95366
Invoice Number: U-9841
Invoice Date: 6/25/2026 Billing Through: 5/31/2026
Payment Terms: Net 30 Due Date: 7/25/2026
I N V O I C E
Current Inception
Description Period to Date
Project: CCR REPORT 2024-2026
Funded Value: $45,000.00 Remaining Funded Value: $15,652.50 Task: 1. 2024 CCR Assistance
Consulting Services
Hours Rate
Chakmak, Alex Senior Professional --- $280.00 $ --- $ 1,680.00 Hennecart, Louisa Administrator --- $125.00 $ --- $ 2,687.50 Samson, Carleigh Senior Professional --- $255.00 $ --- $ 4,717.50 Total for Consulting Services: $ --- $ 9,085.00
Total for Task 1. 2024 CCR Assistance: $ --- $ 9,085.00 Task: 2. General Consulting May 2025-April 2026
Consulting Services
Hours Rate
Gorman, Craig Principal Professional --- $335.00 $ --- $ 1,842.50 Gregory, Brittany Senior Professional 1.00 $265.00 $ 265.00 $ 1,590.00 Samson, Carleigh Senior Professional 0.50 $255.00 $ 127.50 $ 6,120.00 Seidel, Chad Partner 1.00 $370.00 $ 370.00 $ 3,700.00
Total for Consulting Services: $ 762.50 $ 13,252.50
Total for Task 2. General Consulting May 2025-April 2026: $ 762.50 $ 13,252.50 Task: 3. 2025 CCR Assistance
Consulting Services
Hours Rate
Massey, Madalyn Administrator 7.00 $130.00 $ 910.00 $ 2,210.00 Samson, Carleigh Senior Professional 7.00 $300.00 $ 2,100.00 $ 4,800.00 Total for Consulting Services: $ 3,010.00 $ 7,010.00
Total for Task 3. 2025 CCR Assistance: $ 3,010.00 $ 7,010.00 Total for Project CCR REPORT 2024-2026: $ 3,772.50 $ 29,347.50
1.2.C.a
Packet Pg. 37
Attachment: 2026.05.31 Invoice U-9841 (5164 : Corona Environmental Consulting, LLC)
Invoice Number: U-9841
Invoice Date: 6/25/2026
I N V O I C E
Current Inception
Description Period to Date
REMIT TO ADDRESS:
Please remit all payments via ACH to:
Corona Environmental Consulting, LLC
BMO Bank
Account Number: 4846556417
Routing Number: 0710-25661
If you have any questions, please contact [email protected] or 303.544.2161 Total Amount: $ 3,772.50 $ 29,347.50
Total Amount Due This Invoice: $ 3,772.50
REMIT TO ADDRESS:
Please remit all payments via ACH to:
Corona Environmental Consulting, LLC
BMO Bank
Account Number: 4846556417
Routing Number: 0710-25661
If you have any questions, please contact [email protected] or 303.544.2161 Please remit payment to:
Corona Environmental Consulting, LLC
357 McCaslin Blvd
Ste 100
LOUISVILLE Colorado 80027
United States
James Pease
8/11/26
1.2.C.a
Packet Pg. 38
Attachment: 2026.05.31 Invoice U-9841 (5164 : Corona Environmental Consulting, LLC)
Bill To:
Attn: Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon CA 95366
Invoice Number: U-9881
Invoice Date: 7/7/2026 Billing Through: 6/30/2026
Payment Terms: Net 30 Due Date: 8/6/2026
I N V O I C E
Current Inception
Description Period to Date
Project: CCR REPORT 2024-2026
Funded Value: $45,000.00 Remaining Funded Value: $14,087.50 Task: 1. 2024 CCR Assistance
Consulting Services
Hours Rate
Chakmak, Alex Senior Professional --- $280.00 $ --- $ 1,680.00 Hennecart, Louisa Administrator --- $125.00 $ --- $ 2,687.50 Samson, Carleigh Senior Professional --- $255.00 $ --- $ 4,717.50 Total for Consulting Services: $ --- $ 9,085.00
Total for Task 1. 2024 CCR Assistance: $ --- $ 9,085.00 Task: 2. General Consulting May 2025-April 2026
Consulting Services
Hours Rate
Gorman, Craig Principal Professional 1.00 $335.00 $ 335.00 $ 2,177.50 Gregory, Brittany Senior Professional 0.50 $265.00 $ 132.50 $ 1,722.50 Samson, Carleigh Senior Professional 0.50 $255.00 $ 127.50 $ 6,247.50 Seidel, Chad Partner 1.00 $370.00 $ 370.00 $ 4,070.00
Total for Consulting Services: $ 965.00 $ 14,217.50
Total for Task 2. General Consulting May 2025-April 2026: $ 965.00 $ 14,217.50 Task: 3. 2025 CCR Assistance
Consulting Services
Hours Rate
Massey, Madalyn Administrator --- $130.00 $ --- $ 2,210.00 Samson, Carleigh Senior Professional 2.00 $300.00 $ 600.00 $ 5,400.00 Total for Consulting Services: $ 600.00 $ 7,610.00
Total for Task 3. 2025 CCR Assistance: $ 600.00 $ 7,610.00 Total for Project CCR REPORT 2024-2026: $ 1,565.00 $ 30,912.50
1.2.C.b
Packet Pg. 39
Attachment: 2026.06.30 Invoice U-9881 (5164 : Corona Environmental Consulting, LLC)
Invoice Number: U-9881
Invoice Date: 7/7/2026
I N V O I C E
Current Inception
Description Period to Date
REMIT TO ADDRESS:
Please remit all payments via ACH to:
Corona Environmental Consulting, LLC
BMO Bank
Account Number: 4846556417
Routing Number: 0710-25661
If you have any questions, please contact [email protected] or 303.544.2161 Total Amount: $ 1,565.00 $ 30,912.50
Total Amount Due This Invoice: $ 1,565.00
REMIT TO ADDRESS:
Please remit all payments via ACH to:
Corona Environmental Consulting, LLC
BMO Bank
Account Number: 4846556417
Routing Number: 0710-25661
If you have any questions, please contact [email protected] or 303.544.2161 Please remit payment to:
Corona Environmental Consulting, LLC
357 McCaslin Blvd
Ste 100
LOUISVILLE Colorado 80027
United States
James Pease
8/11/26
1.2.C.b
Packet Pg. 40
Attachment: 2026.06.30 Invoice U-9881 (5164 : Corona Environmental Consulting, LLC) July 14, 2026
[email protected]
Kevin Werner
City of Ripon
RE: N Ripon Rd River Rd Traffic Signal Design
Enclosed is invoice number 197489 for $1,102.40 dated July 9, 2026 for costs incurred from May 30, 2026 through June 26, 2026 for the above referenced project.
Tasks completed this period include the following:
- Coordination with BaseCamp Environmental, Inc. on the project - Preparing materials to send to civil partner for coordination. In regards to aligning striping and geom CAD work to design the east leg of the intersection per City's preference discussed in email. Project boundaries/extents complete.
We appreciate the opportunity to assist you on this project. Please call if you have any questions.
Sincerely,
FEHR & PEERS
Evan Mori
Engineer/Planner
RS25 - 4414.00
1.2.D.a
Packet Pg. 41
Attachment: Invoice 197489_Fehr & Peers (5165 : Fehr & Peers) Project Manager Evan Mori
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
July 09, 2026
Project No: RS25-4414.00
Invoice No: 197489
Project RS25-4414.00 N Ripon Rd River Rd Traffic Signal Design Professional Services for the Period: May 30, 2026 to June 26, 2026 Professional Personnel
Hours Rate Amount
Senior Associate I
Murphy, Danny 2.50 280.00 700.00
Senior Project Coordinator
Delgado, Lacy 1.00 175.00 175.00
Souto, JoLynn 1.00 185.00 185.00
Totals 4.50 1,060.00
Total Labor 1,060.00
Reimbursable Expenses
Technology and Security Fee 42.40
Total Reimbursables 42.40 42.40
Budget Summary Current Prior To-Date
Total Billings 1,102.40 22,036.87 23,139.27
Total Budget 39,750.00
Remaining Budget 16,610.73
TOTAL CURRENT INVOICE AMOUNT DUE: $1,102.40
Current Invoice Prior Billed Billed To Date
Billing Summary 1,102.40 22,036.87 23,139.27
IMPORTANT NOTICE: Other than Fehr & Peers’ invoices received from a known email address, any requests received by email to change or update our bank account details or to transfer funds electronically must be confirmed by a phone call to the number provided on our invoice.
We appreciate your cooperation in our attempt to reduce cybercrime and avoid theft.
ACCOUNT: 682123753
ACH REMITTANCE INFO: BANK: City National Bank
ACH ABA: 122016066
1.2.D.a
Packet Pg. 42
Attachment: Invoice 197489_Fehr & Peers (5165 : Fehr & Peers) CONTRACTOR: Knife River Construction
PROJECT: W Ripon Road Overlay Project
PROJECT DESCRIPTION:
INVOICE NO: 2
DATE: 7/31/2026
ORIGINAL CONTRACT AMOUNT: $342,852.00 PREVIOUSLY BILLED AMOUNT: $91,565.00 LESS RETENTION: $4,578.25
APPROVED CONTRACT CHANGES: PREVIOUSLY PAID AMOUNT: $86,986.75 CURRENT INVOICED AMOUNT: $251,287.00
LESS RETENTION: $12,564.35
TOTAL CONTRACT AMOUNT: $342,852.00 CURRENT AMOUNT DUE: $238,722.65 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $342,852.00 LESS RETENTION: $17,142.60
TOTAL PAID TO DATE: $325,709.40
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $0.00
Approx. % Complete: 100%
INVOICE SUMMARY
CONTRACT INFORMATION BILLING INFORMATION
Work includes mobilization, asphalt 6" deep lift asphalt repairs, 2" asphalt grind and overlay, pavement marking removal and replacement, and utility cover adjustment to grade.
This project includes a two inch grind and overlay and deep lift repairs along West Ripon Road from City limits to Jack Tone Road. Once treatment is complete, the street will be restriped and reflectors will be added. The seven crosswalk ramps within the project area will also be reconstructed.
1.2.E.a
Packet Pg. 43
Attachment: Invoice 2_Knife River Construction (5167 : Knife River Construction) CONTRACTOR: Estate Design and Construction, Inc.
PROJECT: Senior Center Rehabilitation Project
PROJECT DESCRIPTION:
INVOICE NO: 6
DATE: 7/31/2026
ORIGINAL CONTRACT AMOUNT: $348,000.00 PREVIOUSLY BILLED AMOUNT: $336,152.15 LESS RETENTION: $16,807.61
APPROVED CONTRACT CHANGES: $67,843.85 LESS LIQUIDATED DAMAGES: $47,000.00 PREVIOUSLY PAID AMOUNT: $272,344.54
CURRENT INVOICED AMOUNT: $79,691.70
TOTAL CONTRACT AMOUNT: $415,843.85 LESS RETENTION: $3,984.59 SUBTOTAL DUE: $75,707.11
PLUS LIQUIDATED DAMAGES $47,000.00
CURRENT AMOUNT DUE: $122,707.11
TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $415,843.85 LESS RETENTION: $20,792.20
LESS LIQUIDATED DAMAGES: $0.00
TOTAL PAID TO DATE: $395,051.65
INVOICE SUMMARY
Remaining Contract Amount: $0.00
Approx. % Complete: 100%
INVOICE SUMMARY
Landscaping, exterior renovation and installation of pergola pre-purchased by the City at the Ripon Senior Center.
CONTRACT INFORMATION BILLING INFORMATION
The Senior Center Rehabilitation Project is 100% complete.
1.2.F.a
Packet Pg. 44
Attachment: Invoice 6_Estate Design & Construction, Inc (5169 : Estate Design and Construction, Inc.) 0 Invoice Date: 07/31/26
AR Invoice: AR111574
DUE UPON RECEIPT
STOCKTON, CA 95205
[email protected]
SAN JOAQUIN REGIONAL TRANSIT DISTRICT
421 EAST WEBER AVE
ATTENTION: ACCOUNTS RECEIVABLE
(209) 943‐1111
RIPON CA 95366
259 N WILMA AVE
CITY OF RIPON
To: Customer: C01524
INVOICE
Description Qty Unit Price Extended Price Payments Amt Due JULY 2026 45 60.42 2,738.23 0.00 $2,738.23
Total Due $2,738.23
STOCKTON, CA 95202
Total Payment:
07/31/26
Total Due: $2,738.23
Invoice Date:
SAN JOAQUIN REGIONAL TRANSIT DISTRICT
ATTENTION: ACCOUNTS RECEIVABLE
421 EAST WEBER AVE
AR111574
C01524
AR Invoice:
Customer:
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
1.2.G.a
Packet Pg. 45
Attachment: Invoice AR111574_SJRTD (5170 : SJRTD)
CONTRACTOR: Allen A. Waggoner Construction, Inc.
PROJECT: Potholing Project
PROJECT DESCRIPTION:
INVOICE NO: 1
DATE: 7/31/2026
ORIGINAL CONTRACT AMOUNT: $34,995.00 PREVIOUSLY BILLED AMOUNT: $0.00 LESS RETENTION: $0.00
APPROVED CONTRACT CHANGES: $0.00 PREVIOUSLY PAID AMOUNT: $0.00 CURRENT INVOICED AMOUNT: $34,995.00
LESS RETENTION: $0.00
TOTAL CONTRACT AMOUNT: $34,995.00 CURRENT AMOUNT DUE: $34,995.00 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $34,995.00
LESS RETENTION: $0.00
TOTAL PAID TO DATE: $34,995.00
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $0.00
Approx. % Complete: 100%
INVOICE SUMMARY
Utility potholing in support of the design of roadway improvements planned for south of Main Street.
CONTRACT INFORMATION BILLING INFORMATION
The Potholing Project is 100% complete.
1.2.H.a
Packet Pg. 46
Attachment: Invoice 1_Allen A. Waggoner Construction, Inc (5171 : Allen A. Waggoner Construction, Inc.)
1.2.I.a
Packet Pg. 47
Attachment: Price Paige (5173 : Price Paige & Company)
INVOICE
P.O. Box 747 DATE: June 30, 2026
Ripon, CA 95366 INVOICE # RIPON 2026Q2
Due: Upon receipt
Bill To:
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 5,600.03
TOTAL $ 5,600.03
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
DESCRIPTION
SSJGSA expenses 04/01/2026 - 06/30/2026
City of Ripon Portion = 10% of $56,000.32
1.2.J.a
Packet Pg. 48
Attachment: 2026 SSJGSA Q2_Ripon (5178 : South San Joaquin Groundwater Sustainability Agency) General Ledger
Summary Trial Balance
User: [email protected]
Printed: 07/09/2026 - 2:50PM
Period: 04 to 06, 2026
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 18,459.75
60-010-6406-00 Legal Expense 8,280.00
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 181.06
60-010-6550-00 Taxes, Licenses & Permits 0.00
60-010-6702-00 Membership Fees & Dues 0.00
60-010-6703-00 Travel Expenses 0.00
60-010-6704-00 Public Relations 0.00
60-010-6820-00 SSJID Expense Reimbursements 29,079.51
60-010 EXPENSE Totals: 56,000.32
GL-Summary Trial Balance (7/9/2026 - 2:50 PM)
SSJID 47,600.27 85%
CITY OF RIPON 5,600.03 10%
CITY OF ESCALON 2,800.02 5%
TOTAL 56,000.32
1.2.J.a
Packet Pg. 49
Attachment: 2026 SSJGSA Q2_Ripon (5178 : South San Joaquin Groundwater Sustainability Agency) Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00208
Matter General
Date of Issue 07/26/2026
Payment Terms Due Date
Due Date 08/25/2026
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$7,257.00 due 08/25/2026
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
06/29/2026 Tom Terpstra Prepare for special meeting
and attend. Conference with
K. Werner re city matters.
Conference with THT re land
use matters.
$295.00 1.80 $531.00
07/06/2026 Tom Terpstra Review draft council agenda
and related documents.
$295.00 0.90 $265.50
07/06/2026 Tom Terpstra Conference with K. Werner re
City matters.
$295.00 0.30 $88.50
07/07/2026 Tom Terpstra Review proposal from
attorney re PFAS settlement
assistance.
$295.00 0.60 $177.00
07/08/2026 Tom Terpstra Begin review of solid waste
ordinance.
$295.00 1.20 $354.00
07/09/2026 Tom Terpstra Review RMC 8.12 and begin
redlining. Research
applicable law re same; call
with K. Werner re same.
$295.00 5.10 $1,504.50
07/10/2026 Tom Terpstra Review appropriations limit
ordinance; research
applicable law re procedures
for adoption.
$295.00 1.10 $324.50
07/10/2026 Tom Terpstra Continue reviewing and
revising RMC 8.12; research
re SB 1383 enforcement
mandates and City
enforcement authority.
$295.00 3.20 $944.00
1.2.K.a
Packet Pg. 50
Attachment: Terpstra (5179 : Law Office of Thomas H. Terpstra, Jr.) Correspondence with K.
Werner re same.
07/13/2026 Tom Terpstra Meet with K. Werner re City
matters; review agenda and
ongoing projects to prepare
for same. Call with
councilmember re billing
items.
$295.00 1.40 $413.00
07/14/2026 Tom Terpstra Prepare for and attend
Council meeting, prep notes
for closed session.
$295.00 2.10 $619.50
07/15/2026 Tom Terpstra Review planning commission
agenda and property
information re subdivision
map.
$295.00 0.30 $88.50
07/17/2026 Tom Terpstra Correspondence with J.
Kilgore re PRA requests.
$295.00 0.20 $59.00
07/20/2026 Tom Terpstra Conference with K. Werner re
city matters.
$295.00 0.30 $88.50
07/20/2026 Tom Terpstra Review subdivision map
proposal and staff report and
findings. Research re same.
Conference with K.
Zuidervaart re conditions.
Attend PC meeting.
$295.00 3.30 $973.50
07/21/2026 Tom Terpstra Begin reviewing responsive
documents to Dhillon PRA
request.
$295.00 1.10 $324.50
07/21/2026 Tom Terpstra Review Upshaw PRA request
and initial response from
staff, review past complaints
from Upshaw.
$295.00 0.70 $206.50
07/22/2026 Tom Terpstra Follow up research re
reimbursement agreement for
subdivision map.
$295.00 0.70 $206.50
07/22/2026 Tom Terpstra Continue reviewing
responsive documents for
PRA request.
$295.00 0.30 $88.50
Time Entries Total: 24.6 $7,257.00
Total $7,257.00
Amount Due $7,257.00
Outstanding Invoices
Number Due Date Amount Payments Balance
00208 (current) 08/25/2026 $7,257.00 $0.00 $7,257.00
Outstanding Balance $7,257.00
1.2.K.a
Packet Pg. 51
Attachment: Terpstra (5179 : 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 00211
Matter Police Department
Date of Issue 07/26/2026
Payment Terms Due Date
Due Date 08/25/2026
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$5,373.50 due 08/25/2026
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
06/26/2026 Tom Terpstra Follow up with opposing
counsel re dangerous animal.
$295.00 0.30 $88.50
06/30/2026 Tom Terpstra Correspondence with public
defender re disorderly
conduct citation; prepare for
and attend arraignment re
same. Travel to/from.
$295.00 2.90 $855.50
07/01/2026 Tom Terpstra Prepare for and attend RMC
arraignment in Manteca
court. Travel to/from.
$295.00 1.90 $560.50
07/02/2026 Tom Terpstra Follow up with OC re
dangerous animal.
$295.00 0.20 $59.00
07/06/2026 Tom Terpstra Prepare for and attend
pretrial conference re RMC
citation. Travel to/from.
$295.00 2.90 $855.50
07/07/2026 Tom Terpstra Follow up with L. Roos re
collection of fine. Review
court order re fine and
calendar deadline for
payment.
$295.00 0.40 $118.00
07/14/2026 Tom Terpstra Review and respond to
correspondence from C. Caro
re PRA request.
$295.00 1.30 $383.50
07/16/2026 Tom Terpstra Prepare for and attend RMC
monthly arraignment
calendar. Travel to/from.
$295.00 2.20 $649.00
07/16/2026 Tom Terpstra Follow up with OC re $295.00 0.20 $59.00
1.2.K.a
Packet Pg. 52
Attachment: Terpstra (5179 : Law Office of Thomas H. Terpstra, Jr.) dangerous animal relocation.
07/20/2026 Tom Terpstra Conference with Chief Sauer
and C. Caro re RMC citation;
prepare for and appear at
arraignment hearing re same.
$295.00 2.20 $649.00
07/21/2026 Tom Terpstra Correspondence with OC re
dog relocation;
correspondence with K.
Werner re same.
$295.00 0.30 $88.50
07/22/2026 Tom Terpstra Follow up with K. Werner re
dangerous animal
disposition.
$295.00 0.60 $177.00
07/22/2026 Tom Terpstra Correspondence with court
clerks re appearance at RMC
arraignment calendar and
access to judicial document
system.
$295.00 0.70 $206.50
07/23/2026 Tom Terpstra Prepare for and attend RMC
arraignment.
$295.00 0.80 $236.00
Time Entries Total: 16.9 $4,985.50
Expense Entries
Date Description Rate Qty Line Total
07/02/2026 Secretary - Monitor the SJC docket throughout the day to track the status of the Notice and
check for the conformed copy.
$80.00 0.20 $16.00
07/13/2026 Secretary - Continue monitoring the SJC docket throughout the day to track the status of the
Notice and check for the conformed copy. Log
into THT's eFiling portal for status since it has yet
to be filed.
$80.00 0.30 $24.00
07/14/2026 Secretary - Continue monitoring the SJC docket throughout the day to track the status of the
Notice and check for the conformed copy.
$80.00 0.30 $24.00
07/15/2026 Secretary - Monitor the SJC docket and
download conformed copy of the Notice. Email to
THT regarding the same.
$80.00 0.30 $24.00
07/26/2026 ServeVelocity Invoice 15980846: Service of
process for witnesses for dangerous animal trial.
$300.00 1.00 $300.00
Expenses Total: 2.1 $388.00
Total $5,373.50
Amount Due $5,373.50
Outstanding Invoices
Number Due Date Amount Payments Balance
00211 (current) 08/25/2026 $5,373.50 $0.00 $5,373.50
1.2.K.a
Packet Pg. 53
Attachment: Terpstra (5179 : Law Office of Thomas H. Terpstra, Jr.) Outstanding Balance $5,373.50
1.2.K.a
Packet Pg. 54
Attachment: Terpstra (5179 : Law Office of Thomas H. Terpstra, Jr.)
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 328017
June 30, 2026
Client/Matter No.: RI234-00001
Re: General
Billing Summary
Total Fees $1,497.00
Total Costs $0.00
Total Charges $1,497.00
Total Balance Due: $1,497.00
1.2.L.a
Packet Pg. 55
Attachment: BL_RI234_328017 (5181 : Liebert Cassidy Whitmore Bill) Basecamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
+12092248213
[email protected]
INVOICE
BILL TO
City of Ripon
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52931
DATE 10/31/2025
DUE DATE 11/30/2025
TERMS Net 30
PROJECT
Ripon Bess Project
PERIOD DESCRIPTION QTY RATE AMOUNT
10/23/2025 CSU
Stanislaus,
$150.00 +
10% markup
1 165.00 165.00
Principal 4.75 225.00 1,068.75
Environmental
Planning
2 145.00 290.00
Services through the invoice date. Continuing work
on CEQA document. Thank you. We appreciate
your business.
Ways to pay
BALANCE DUE $1,523.75
View and pay
K Zuidervaart
7/23/2026
1.2.M.a
Packet Pg. 56
Attachment: Basecamp Invoice 52931 (5186 : BaseCamp Environmental, Inc.) Basecamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
+12092248213
[email protected]
INVOICE
BILL TO
City of Ripon
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52992
DATE 02/01/2026
DUE DATE 03/03/2026
TERMS Net 30
PROJECT
Ripon BESS
PERIOD DESCRIPTION QTY RATE AMOUNT
01/31/2026 Principal 16.50 225.00 3,712.50
01/31/2026 Environmental
Planning
11 145.00 1,595.00
Services through the invoice date. Thank you. We
appreciate your business.
Ways to pay
BALANCE DUE $5,307.50
View and pay K. Zuidervaart
7/23/2026
1.2.M.b
Packet Pg. 57
Attachment: Basecamp Invoice 52992 (5186 : BaseCamp Environmental, Inc.) MEMO
To: Honorable City Council
From: Engineering Supervisor, Spencer Schroen
Date: August 11, 2026
Subject: Lennar Homes of California, LLC Reimbursement Agreement RECOMMENDED ACTION:
Approve reimbursement to Lennar Homes of California, LLC, in the amount of $768,092 for the full width extension of Fulton Avenue beyond the Meadowood project’s Conditions of Approval (funding source: Transportation AB 1600 Fund).
BACKGROUND:
At the October 14, 2025 City Council meeting, Council approved Amendment No. 2 to the Subdivision Improvement Agreement between the City of Ripon and Lennar Homes of California LLC, authorizing reimbursement to the developer for the full width extension of Fulton Avenue beyond the Meadowood project’s Conditions of Approval in an amount not to exceed $768,092.
DISCUSSION:
In accordance with Amendment No. 2 to the Subdivision Improvement Agreement, Lennar Homes of California, LLC has completed the full-width Fulton Avenue improvements from the northern boundary of the Meadowood project to the Fulton Avenue/Colony Road roundabout, including all punch list items identified by the City Engineer.
The developer submitted contractor invoices documenting the actual construction costs for the eligible improvements. Staff has reviewed the supporting documentation and verified that the reimbursement request complies with the terms of the agreement. The verified construction cost totals $768,092, which is within the Council approved reimbursement amount.
FISCAL IMPACT:
The reimbursement payment of $768,092 for the Fulton Avenue improvements between the Meadowood project’s northern limits and the Colony Road roundabout will be funded through the Transportation AB 1600 Fund, which has a balance of approximately $3.88 million.
City Council
259 N. Wilma Avenue
Ripon, CA, 95366
1.2.N.a
Packet Pg. 58
Attachment: Staff Report_Lennar (5192 : Lennar Homes of California, LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/11/2026
Subject: Enterprise Fund and Landscape Maintenance District transfers RECOMMENDED ACTION:
Approve this resolution for the 2025-26 fiscal year that authorizes transfers from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to CNG Station Capital Reserve Fund, (3) General Fund to CalPERS Contingency Fund (funds invested in a Section 115 Trust), and (4) Street & Road Operating Fund to the LTF Transit Fund.
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, (3) General Fund to the CalPERS Contingency Fund (funds invested in a Section 115 Trust), and (4) Street & Road Operating Fund to the LTF Transit Fund.
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 2025-26 fiscal year to account for the final accounting to close out the funding of the Water Meter Surcharge Project as the majority has been receive by customers through the 10-year payment plan. The Water Meter Installation Project that began in 2015 incurred total costs of $2,148,018. Over a 10-year repayment period, $1,990,921 was collected from customers to reimburse the capital fund for the project. This repayment period is done and the fund is short $157,097.68, so the Water Enterprise Fund will transfer this amount to the Water Enterprise
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Capital Fund in order to fully fund that project.
The following table summarizes the fiscal year 2025-26 cash flow and recommended transfer to each Enterprise Capital Fund.
Table 1
FY 2025-26
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Water Operating $926,514 $3,947,5911
($3,354,181) $1,519,924 ($593,410) $926,514
Sewer Operating $697,426 $2,339,822 ($1,587,504) $1,449,744 ($752,318) 2 $697,426
Garbage
Operating $211,230 $3,069,914 ($3,020,095) $261,049 ($49,819) $211,230 Water Enterprise
Capital $8,448,128 $481,547 ($86,001) $8,843,674 $593,410 $9,437,084 Sewer Enterprise
Capital $1,202,166 $314,286 ($102,871) $1,413,581 $355,580 $1,769,161 Sewer WWTP
Reserve $2,370,921 $90,437 ($25,361) $2,435,997 $396,738 $2,832,735 Garbage
Enterprise Capital $694,420 $20,436 ($505,577) $209,279 $49,819 $259,098 Storm Drain
Enterprise Capital $28,265 $556 ($20,372) $8,449 $8,449
1. Water Operating and Water Enterprise Capital Funds income include transfer of water meter surcharge fee collected during the fiscal year of $2,602 plus the close out of the project of $157,098.
2. Sewer projected transfer is $355,580 for Capital Repair and Replacement and $396,738 for WWTP Reserve.
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 2025-26
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
CNG Operating Activity $ 0 $221,463 ($131,105) $90,358 ($90,358) $ 0 CNG Station Capital Reserve $300,650 $68,146 $0 $368,796 $90,358 $459,154 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 that will be distributed to the General Fund for fiscal years 2021-2022 to 2025-2026, 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
Total Savings $779,416
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, 2024 CalPERS Valuation Report, the City’s CalPERS unfunded liability is $6,959,317.
For Fiscal Year 2025-26, $136,064 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. This will be the last year where a savings from refinancing the RDA bonds will be generated.
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.
The 115 Trust balance after the transfer is made will be $2,388,014.98.
Bike Bridge Expenses funded through LTF Set-Aside Funds.
The total cost to repair the bike bridge after being damaged from a tree landing on it during a wind storm was $562,043.35. The cost of these repairs were incurred and allocated to the Street & Road Operating Fund over two fiscal years, as described below:
Fiscal Year 2024-25: $43,754.96
Fiscal Year 2025-26: $518,288.39
These repair expenses can be funded through the LTF Transit Fund. For that reason, the Fiscal Year 2025-26 repair expense of $518,288.39 is recommended to be transferred from the Street & Road Operating Fund to the LTF Transit Fund. The Fiscal Year 2024-25 expenses were previously transferred to the LTF Transit Fund. In addition, the insurance proceeds received in Fiscal Year 2025-26 of $497,043.34 were initially deposited in the Street & Road Operating Fund and also need to be transferred to the LTF Transit Fund
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The expense of the repairs has been offset by proceeds from the City’s property insurance claim and the financial assistance from San Joaquin Council of Governments and Stanislaus County, which have been deposited in the LTF Transit Fund. The total financial impact to the LTF Transit Fund is $2,000.
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RESOLUTION NO. 26-29
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, 2025 through June 30, 2026; 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 $593,409.98 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 $2,602.05 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 $157,097.68 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 close out of the water meter surcharge project as the majority has been received by customers through a 10-year payment plan.
4. The transfer of $355,579.79 from the Sewer Fund of the City of Ripon to the Capital Reserve Funds of the Sewer Department of the City of Ripon.
5. The transfer of $396,738.15 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.
6. The transfer of $49,818.61 from the Refuse Fund of the City of Ripon to the Capital Reserve Funds of the Refuse Department of the City of Ripon.
7. The transfer of $90,357.64 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.
8. The transfer of $136,064.27 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.
9. The transfer of $518,288.39 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.
10. The transfer of $497,043.34 from the Street & Roads Fund to the Transit Fund for insurance proceeds receive in fiscal year 2025-26 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 11th day of August, 2026, by the following vote:
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RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
GARY BARTON, 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: 08/11/2026
Subject: Street & Road Funds transfers
RECOMMENDED ACTION:
Approve this resolution for the fiscal year 2025-2026 to transfer certain street & road restricted municipal funds to the Street & Road Operating Fund and Street & Road Reconstruction Fund to offset street and road maintenance and repairs expenses that were allocated to these funds during the 2025-2026 fiscal year.
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.
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 to be used for future road reconstruction projects.
During the year, all street and road operating expenditures are tracked through the Street & Road Operating Fund or Street & Road Reconstruction Fund, depending on the scope of the expense.
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 & Road Operating Fund.
At the end of the fiscal year, staff analyzes the expenses that have been allocated to the Street & Road Operating Fund or Street & Road Reconstruction Fund and transfers dollars from the individual revenue funds to these funds to cover the annual net expenditures (after grants, interest, and other reimbursements are accounted for).
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DISCUSSION/ANALYSIS:
Table 1 summarizes the fiscal year 2025-2026 cash flow, recommended transfers, and ending balances for the street and road funds.
Table 1
FY 2025-26
Fund Beginning
Balance
Operating
Income
Operating
Expenses
Capital
Expense
Balance
Prior to
Transfer
Transfers Ending
Balance
Street & Road Operating $ 0 $29,018 ($669,087) ($1,590,462) ($2,230,531) $2,230,531 $ 0 COG/LTF $44,274 $898,174 $0 $0 $942,448 ($942,448) $ 0
Measure K $4,041,477 $484,607 $0 $0 $4,526,084 ($1,635,768) $2,890,316 Senate Bill 1 Tax $0 $454,812 $0 $0 $454,812 $0 $454,812 Highway User Taxes1
$43,272 $461,740 $0 $0 $505,012 ($505,012) $ 0
Street & Road Reserve $3,831,520 $317,415 $0 $0 $4,148,935 $0 $4,148,935 Street & Road
Reconstruction Fund $1,894,872 $50,016 $0 ($266,271) $1,678,617 $753,013 $2,431,630 TOTALS $9,855,415 $2,695,782 ($669,087) ($1,856,733) $10,025,377 ($99,684)2 $9,925,693
1. Summary of five Highway User Tax sources.
2. Net transfer includes $99,684 transferred to Landscape Maintenance Districts to cover deficits. See table 3 below for details.
For fiscal year 2025-2026, there is recommended a total of $2,983,544 to be transferred. Of this amount, $2,230,531 is transferred from certain street and road revenue sources to the Street & Road Operating Fund to cover the fiscal year 2025-2026 expenditures, including the Landscape Maintenance District expenditures.
Also, $753,013 is being transferred to the Street & Road Reconstruction Fund from certain street and road revenue sources to cover the fiscal year 2025-2026 expenditures that were allocated to this fund, according to City Council policy.
Table 2 summarizes the Fiscal Year 2025-2026 operating expenses of $669,087 and capital expenses of $1,856,733.
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Table 2
FY 2025-2026 FY 2024-2025 Description
Operational Expenses
Public Works – Street &
Road Maintenance
$299,442 $357,916 Pothole repair, replace signs, striping, crack sealing (see attached map).
Public Works –
Landscape Maintenance
$333,815 $310,104 Maintain landscaping in areas not included in Landscape Districts.
Administration $28,342 $26,775 Prepare necessary claims and audits.
Engineering $7,488 $13,154 Prepare engineering reports, studies, and grant applications.
Total Operational Expenses $669,087 $707,949
Capital Expenses
Sidewalk Repairs $18,936 $16,873 Began tracking sidewalk repair expenses in 24/25.
Capital Projects1 $1,837,797 $1,892,218
Total Capital Expenses $1,856,733 $1,909,091
1. Capital Projects for Fiscal Year 2025-2026 include Ripona Resurface Project ($1,577,882); Landscape Rehab Project ($235,323); Ripona Safe Routes to Schools ($3,098); and equipment purchased ($21,494). Capital Projects for Fiscal Year 2024-2025 include Lower Stanislaus River Multi-Use Trail ($822) and South of Main Project ($1,891,396).
Capital expenses of $266,271 of the Ripona Resurface Project was applied against the Street & Road Reconstruction Fund.
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 2025-26
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Dutch Meadows $ 0 $4,540 ($12,255) ($7,715) $7,715 $ 0
Country Woods $ 0 $7,809 ($15,656) ($7,847) $7,847 $ 0
Farmland Estates $ 0 $3,350 ($8,959) ($5,609) $5,609 $ 0 Jacob’s Landing $19,344 $5,700 ($6,681) $18,363 $18,363 Carolina’s $28,757 $15,225 ($12,905) $31,077 $31,077
Boesch/Kingery $ 0 $6,061 ($14,083) ($8,022) $8,022 $ 0 Main Street $ 0 $10,344 ($80,393) ($70,049) $70,049 $ 0 Cornerstone I $84,770 $14,079 ($14,033) $84,816 $84,816 The Vineyards $183,862 $64,938 ($52,461) $196,339 $196,339 Alexandra Place $ 0 $5,731 ($6,173) ($442) $442 $ 0
Lighting District $129,851 $343,381 ($341,286) $131,946 $131,946 TOTALS $99,684
Attachments:
1. Street & Road Maintenance FY 2025-26
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RESOLUTION NO. 26-30
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, 2025 through June 30, 2026; 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 $156,389.27 of Highway User Tax Section 2103 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2026, for street maintenance.
2. The sum of $100,158.04 of Highway User Tax Section 2105 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2025, for street maintenance.
3. The sum of $66,557.14 of Highway User Tax Section 2106 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2026, for street maintenance.
4. The sum of $177,802.56 of Highway User Tax Section 2107 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2026, for street maintenance.
5. The sum of $4,105.58 of Highway User Tax Section 2107.5 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2025, for street maintenance.
6. The sum of $1,635,767.92 of Measure Kfunds 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 $942,447.69 of COG/LTF funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2025 through June 30, 2026, for street maintenance.
8. The sum of $753,012.37 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 $7,715.80 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 $7,847.18 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 $5,608.64 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 $8,022.36 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 $70,049.05 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 $442.13 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 11th day of August, 2026, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
GARY BARTON, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Attachment: Street & Road Maintenance FY 2025-26 (26-30 : Street & Road Funds transfers) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 08/11/2026
Subject: Designation of Surplus Equipment
RECOMMENDED ACTION:
Declare the listed City equipment be designated as surplus and authorize the equipment to be sold utilizing a local auction house or disposed of, in accordance with Ripon Municipal Code
3.32. BACKGROUND:
The City continually analyzes the functionality and use of equipment. At a point in each piece of equipment’s life cycle a determination must be made if the equipment is still useful, and is cost effective to repair or upgrade.
When it is determined that an item has served its original purpose and no longer provides value to the City, designating the equipment as surplus allows the City to disburse or dispose of the equipment in the most equitable, efficient, and cost effective manner to ensure maximum value is recovered from the item.
DISCUSSION/ANALYSIS:
The various departments within the City are requesting the following equipment be designated as surplus and be allowed to be sold at auction or scrapped:
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Police Department Vehicles
Year Make Model Vehicle # VIN #
1979 CHEVY Van 2S1 CPL3593306003
2006 HONDA ST1300 59 JH2SC51786M400096
2009 Ford Crown Vic 62 2FAHP71V99X102970
2003 Ford Crown Vic 39 2FAHP71W33X175008
2004 Ford Crown Vic 48 2FAFP71WX4X106759
Police Department – IT
Quantity Item Description of Property
1 APC UPS S/N – 4B2222P21765 Uninterrupted Power Supply – Malfunctioning housing 3 Ubiquiti PowerBeam MESH Camera wifi subscriber unit – Malfunctioning 5 HP ProBook Laptop Council meeting laptops – Retired
2 Cisco ASA Firewall Networking equipment – Retired
1 HP ProCurve Switch Networking equipment – Retired
1 Cisco Catalyst Switch Networking equipment – Retired
1 Cisco 2800 Series Router Networking equipment – Retired 1 HP Color Laserjet Printer Booking room printer – Malfunctioning 11 Ubiquiti NanoBeam MESH Camera wifi subscriber unit - Malfunctioning 2 Ubiquiti NanoStation MESH Camera wifi subscriber unit – Malfunctioning 2 HikVision Outdoor PTZ Camera MESH Camera – Malfunctioning Public Works Vehicles, Equipment & Trailers
Year Make Model Vehicle # VIN # / Serial #
2001 Volvo Garbage Truck – S/L PWV 77 4V2EC6UE71N316907 2003 Autocar Garbage Truck – S/L PWV 78 5VCEC6UE93N194575 1999 Dodge Ram 2500 PWV 29 3V7KC26Z1XM551174
2001 Dodge Ram 3500 Van PWV 57 2B5WB35Z31K541338
2006 Ingersoll-Rand R-185 Compressor PWE 94 4FVCABAA66U367390 1995 Bobcat Tractor 853 – Mini PWE 35 512819706
2000 PMB Sprayer ATT 200 WBD30H PWE 50 20000469
2002 Ditch Witch 3700 – Trencher PWE 57 3W0461
2002 Haulmark Trailer – KD7X14WT2 PWE 58 16HPB1462A005167 2004 Dargo Spray Trailer PWE 09 5HGBC10164M004528
1968 Spcns 2 Wheel Trailer PWE 01 DR972793T
1993 Mitsubishi Pick Up PWV 50 JA7LS2168PP008232
1987 Walto 4 Wheel Trailer PWV 32 1W9DS51821H1063476
- Unknown 2 - 4x8 Airport Trailers - -
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Public Works Other
Quality Item Description of Property
1 Rototiller Tractor Attachment
1 Tink Bucket Backhoe Attachment
1 Box Scraper Tractor Attachment #1
1 Backhoe Bucket Bobcat Tractor Attachment
1 Ridger Tractor Attachment
1 Box Scraper Tractor Attachment #2
1 Man Bucket Forklift Attachment
1 Disc Tractor Attachment
1 Mercury 8hp Pump Water Pump
1 8hp Rototiller Walk Behind Tiller
1 Parts Washer Shop Parts Washer
30 Lockers Standard Personal Lockers
4 Folding Tables Bench Style Seating Attached Tables
1 Drill Press Shop Drill Press
1 Press 5 Ton Press
1 Air Compressor 50 Gallon
1 Electrical Motor Miscellaneous Motor
1 Floor Scrubber Model 21B
1 Carpet Cleaner Walk Behind Cleaner
FISCAL IMPACT:
The revenue to the “General Capital – Department Fund” from the auction is expected to be less than $10,000.
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/11/2026
Subject: Triple M Enterprises, Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the contract with Triple M Enterprises, Inc. to perform restoration work at the Waste Water Treatment Plant disposal ponds, in the not to exceed amount of $49,760 (funding source: Sewer Enterprise Capital Fund).
BACKGROUND:
The City of Ripon currently discharges treated wastewater effluent under a Waste Discharge Requirement Order, which was issued in 1994 and is monitored by the State. This permit allows the City to discharge treated effluent by percolating the water into the soil at the 7 disposal ponds located east of Jack Tone Golf Course.
The disposal ponds were impacted by the high volume of rain experienced in late 2022/early 2023. During this time, the rate of percolation was significantly reduced from what had previously been experienced. Additionally, the rain increased the volume of water that needed to be percolated into the soil. In order to mitigate this issue and prevent an unregulated release of treated sewer effluent, the City Council approved the following actions:
1. In March 2023 under an emergency contract, the height of the levee surrounding the 7 disposal ponds was increased to allow for additional storage.
2. Once the weather allowed, individual ponds were emptied and the top 4 inches of material at the bottom of disposal ponds that was impacting the percolation rate was removed and the pond was deep ripped. To date, this has been completed in 6 of the 7 disposal ponds.
This work has restored the typical percolation rate of the disposal ponds.
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DISCUSSION:
Staff requested a proposal from Triple M Enterprises, Inc. to remove the upper four inches of accumulated material and deep rip the final one of the seven disposal ponds. The total cost for this work is $49,760.
Looking ahead, staff is evaluating electronic monitoring and tracking technologies to more accurately measure percolation rates over time. The data collected will enable staff to identify performance trends and determine when maintenance or soil treatment is needed to restore percolation capacity within each disposal pond. In addition, the upcoming sludge removal project will improve water quality and help maintain optimal percolation rates by preventing accumulated sludge in the treated water from reducing the soil’s ability to percolate water efficiently.
Staff recommends that the City Council approve the agreement with Triple M Enterprises, Inc. and authorize the Mayor to execute the contract to perform restoration work at the Wastewater Treatment Plant disposal ponds in an amount not to exceed $49,760.
FISCAL IMPACT:
The attached contract with Triple M Enterprises, Inc. for the amount of $49,760 will be paid for through the Sewer Enterprise Capital Fund.
Attachments:
1. Pond Restoration Project - 2026
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CITY OF RIPON
SAN JOAQUIN COUNTY, CALIFORNIA
SPECIFICATIONS
FOR
Percolation Pond Restoration
ENGINEER’S CERTIFICATIONS:
These Contract Documents have been prepared by,
or under the direct supervision of, the following Professional Engineer:
Kevin Werner, P.E.
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
209.599.2108
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Rev_7/2026
i
TABLE OF CONTENTS
GENERAL INFORMATION - SECTION 1 ................................................................................................................. 1 PROPOSAL - SECTION 2 ...................................................................................................................................... 3 CONTRACT - SECTION 3 ...................................................................................................................................... 6 INSURANCE REQUIREMENTS - SECTION 4 ........................................................................................................... 9 GENERAL CONDITONS - SECTION 5 .................................................................................................................... 12
END OF TABLE OF CONTENTS
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration PROPOSAL
Page | 1
GENERAL INFORMATION - Section 1
1. Project Information. The Project is located at Ripon Wastewater Treatment Facility. The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.
2. License and Registration Requirements
2.1 Contractor’s License. This Project requires a valid California Contractor’s License for the following classification(s): A. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.
2.2 City of Ripon Business License. Per Municipal Code Section 5.04.020, a City Business License is required for anyone wishing to carry on commerce within the corporate City limits. Documentation evidencing Contractors Business License is required within ten (10) calendar days after City’s issuance of Award.
2.3 DIR Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR), under Labor Code Section 1771.4. City will not enter into a Contract with a contractor without proof that the contractor and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
2.4 Certificate of Reported Compliance of In-Use Off-Road Diesel-Fueled Fleets Regulation (Title 13 CCR, Section 2449). For projects involving the use of vehicles subject to the In-Use Off-Road Diesel-Fueled Fleets Regulation, bidder must submit copies of valid Certificates of Reported Compliance for the fleet selected for the contract and its listed subcontractors.
3. Labor Compliance
3.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.
3.2 Rates. The prevailing rates are on file with the City Clerk and available online at http://www.dir.ca.gov/DLSR. It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates of per diem wages to all workers employed in the execution of the contract.
4. Questions and Requests for Information or Clarification. All questions, requests for information and requests for clarification regarding the Project shall be directed to the following:
James Pease
[email protected]
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration PROPOSAL
Page | 2
END OF GENERAL INFORMATION
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration PROPOSAL
Page | 3
PROPOSAL - Section 2
Proposal
Percolation Pond Restoration
Triple M Enterprises, Inc. hereby submits the attached Proposal to the City of Ripon “(City”) for the above-referenced project (“Project”).
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Triple M Enterprises, Inc.
25450 S. Mohler Rd.
Ripon, CA 95366
Phone (209) 599-3112
Cont. Lic. No.: 1149532
ITEM DESCRIPTION UNIT QUANT. RATE AMOUNT
A. MOBILIZATION
1 Moving Equipment In and Out EA 1 $2,500.00 $2,500.00
2 Disk Mobilization EA 1 $500.00 $500.00
SUB-TOTAL $3,000.00
B. SKIM SLUDGE OUT OF POND
1 HR 8 $280.00 $2,240.00
2 HR 8 $415.00 $3,320.00
3 Cat D8 HR 8 $395.00 $3,160.00
4 HR 0 ----- -----> Not Included
SUB-TOTAL $8,720.00
C. PERIMETER SLOPE REPAIR
1 HR 24 $280.00 $6,720.00
2 HR 24 $395.00 $9,480.00
3 JD 9520R Laser Scraper HR 24 $415.00 $9,960.00
4 HR 0 ----- -----> Not Included
SUB-TOTAL $26,160.00
D. LASER FINISH BOTTOM OF PONDS
1 JD 9520R Laser Scraper HR 8 $415.00 $3,320.00
SUB-TOTAL $3,320.00
E. RIP POND BOTTOMS
1 Cat D8 HR 16 $395.00 $6,320.00
SUB-TOTAL $6,320.00
F. DISK POND BOTTOM
1 Cat D4 & Disk HR 8 $280.00 $2,240.00
SUB-TOTAL $2,240.00
NOTES: Estimated Total: $49,760.00
1 2
3 4
5 6
ESTIMATE OF COSTS FOR:
City of Ripon Pond Maintenance - Pond 5 ONLY
Ripon, CA
July 21, 2026
----Estimate Valid For 30 Days----
Cat 140G
REVISION 1: This Estimate Superceeds the one Dated July 20, 2026 Cat 623B
Cat 140G
Water Truck
Cat D8
Water Truck
Cost Shown are based upon a fuel price of $3.50 per Gallon (Off-Road Diesel Fuel). Client subject to a fuel surcharge if fuel prices exceed $3.50 per gallon at time work is being performed.
This estimate assumes stable soil in a "non-pumping" condition. Wet or unstable soil conditions from things like inclement (rainy) weather or sub-surface/groundwater seepage will cause cost increases and project delays.
Prior to commencing work, Client shall pothole and positively locate any utilities within the work area.
Triple M Enterprises shall not be held responsible for broken concrete or damage to private pipes/utilities where heavy equipment is operating on top of it.
No costs for overtime have been included. Estimate assumes a standard 5 day, 40 hour work week. Client subject to additional charges if client wishes to accelerate project schedule by working overtime.
List of abbreviations used: EA=Each; HR=Hours -or- Hourly; QUANT.=Quantity
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.)
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration CONTRACT
Page | 6
CONTRACT - Section 3
Contract
For
Percolation Pond Restoration
This Contract made and entered into this 11th day of August, 2026, by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Triple M Enterprises, Inc., hereinafter called the "Contractor", whose Post Office address is 25450 S. Mohler Rd., Ripon, CA 95366.
- WITNESSETH -
That the City has awarded to the Contractor upon his bid duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:
1. Contractor Agrees:
a) To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications. b) To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.
c) To complete said work within the time stated in the proposal. d) To furnish to the City within ten (10) calendar days following the award of the contract, a signed Contract along with a surety bond for the faithful performance of the Contract and also a labor-material bond, each in the sum of one hundred (100%) percent of the Contract price.
e) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract. f) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and coverage forms and endorsements, as specified in “Insurance Requirements – Section 5”.
g) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration CONTRACT
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h) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
i) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366. j) Prior to final acceptance of the project, the Contractor agrees to furnish a maintenance bond valid for one year from the time of project acceptance for an amount equal to 25% of the entire project cost.
k) To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:
Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for the above named project, the contractor shall submit a payment request for ninety five percent (95%) of the total value of the work. Thirty-five (35) days after the completion of the work and its acceptance by the City, including filing a Notice of Completion with the San Joaquin County Recorder's Office, the full amount due to the Contractor and then unpaid, less any previous payments and deductions provided for herein, if any there may be, shall be paid by the Owner to the Contractor.
3. It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.
4. It is expressly understood and agreed that a waiver of any of the conditions or covenants of this Contract shall not be considered a waiver of any of the provisions hereof.
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.)
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration INSURANCE REQUIREMENTS
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INSURANCE REQUIREMENTS - Section 4
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.
A. MINIMUM SCOPE OF INSURANCE
1. General Liability
Contractor 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 for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Contractor’s general liability policies shall be primary and noncontributory, and be endorsed using Insurance Services Office form CG 20 10 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.
2. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
3. Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor 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.
B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration INSURANCE REQUIREMENTS
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C. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:
1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers.
3. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
6. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.
7. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Ripon.
D. ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A-: VII.”
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration INSURANCE REQUIREMENTS
Page | 11
FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirements specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions. The Course of Construction insurance policies shall contain the following provisions:
1. The City shall be named as loss payee, and
2. The insurer shall waive all rights of subrogation against the City.
SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.
END OF INSURANCE REQUIREMENTS
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) Percolation Pond Restoration GENERAL CONDITIONS
Page | 12
GENERAL CONDITONS - Section 5
Please see the link below for the City of Ripon General Conditions. https://www.cityofripon.org/DocumentCenter/View/429/General-Conditions-PDF?bidId=
END OF GENERAL CONDITIONS
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Attachment: Pond Restoration Project - 2026 (5187 : Triple M Enterprises, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/11/2026
Subject: Annual Investment Report Review
RECOMMENDED ACTION:
Accept the City’s annual investment report for the period ending June 30, 2026.
BACKGROUND:
The following report is the City’s annual investment report for the period ending June 30, 2026.
This report summarizes:
City’s investment policy that was adopted by the Council in 1996 and amended in 2003 and in 2023
Average rate of return for the last 12 months for all City investments List of individual investments with balances and rate of return as of the end of the period.
The rate of return 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 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 2025-2026:
No transfers were made to Bank of New York at this time due to the high yields in the short term markets.
In August 2025, $12,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 3.96%
In March 2026, $17,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 3.46%
In June 2026, $16,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 4.06%.
Below is a table showing the investments listed above and the interest that was earned, although may not be realized, in this year:
Investment Balance at
6/30/2026
Interest earned this
year
Estimated annual
rate of return
LAIF $417,505 $16,874 4.04%
CAMP Liquid
Funds $7,701,476 $290,346 3.77%
CAMP Term
Funds
Matures 8/2025 $10,000,000 $446,000 4.46%
CAMP Term
Funds
Matures 3/2026 $17,000,000 $685,100 4.03%
CAMP Term
Funds
Matures 6/2026 $15,000,000 $631,500 4.21%
Bank of New
York (FMV) $24,378,820 $830,977 * 3.24%
TOTAL $74,497,801 $2,900,797 **
*Bank of New York interest received during the year does not include realized/unrealized gains and losses of these investments. Rate of return noted here is the annual total rate of return. **Interest earned this year does not match interest received because some investments are CAMP Term Funds and interest is not received until maturity.
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Interest generated from the various investments is allocated quarterly as revenue to the various City funds, based on each funds’ balance at that time.
Section 115 Trust
In October 2022, $1,135,396.65 was initially deposited into the City’s Section 115 Trust with PARS. In addition, the annual savings from the refinancing of the 2020 Redevelopment bond has been directed by the City Council to be deposited into the Section 115 Trust, as described below:
FY 21/22 Refinancing Savings: $157,569
FY 22/23 Refinancing Savings: $161,681
FY 23/24 Refinancing Savings: $161,805
FY 24/25 Refinancing Savings: $162,117
FY 25/26 Refinancing Savings: $136,064
Below is a table showing the return on investment of these funds:
Investment Balance at
6/31/2026
Earnings (losses) this
year
Estimated annual rate
of return
Section 115 Trust $2,249,764 $249,439.66 13.15%
The fund balance of the 115 Trust can be used to pay CalPERS normal cost and/or pay down the unfunded liability, which was $6,959,317 as of the June 30, 2024 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 06.2026
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1 $417,505
2 $52,701,476
Liquid Funds Interest rate 3.77% at 06/30/26 $ 7,701,476 TERM Funds $12,000,000
TERM Funds $17,000,000
TERM Funds $16,000,000
3 $24,378,820
Ratings
Investments:
US Corporate 27.33% A
US Treasury 50.78% AA+
Money Market Fund 0.32% AAA
ABS 11.96% AAA
Agency CMBS 9.61% AA+
4 $1,318,562
5 $ 1,928
$ 209
6 $ 2
Total Investments within Ripon's Investment Policy updated in June 2023 $78,818,502 Interest rate 0.00% at 06/30/26
U S Bank
Redevelopment agency 2020 tax allocation bonds
Interest rate of 3.96% to mature 8/2026
Interest rate of 3.46% to mature 3/2027
U S Treasury - (fair value basis 1.0)
CSJVRMA Pool - fair value
Bank of New York (book value - $23,959,478)
Rate of Return, including unrealized gains/losses, 3.24% at 06/30/26 U S Treasury - (fair value basis 1.0)
Interest rate 3.32% at 06/30/26
Bank of Stockton
U S Treasury - (fair value basis 1.0)
Interest rate 3.51% at 06/30/26
U S Bank
Water revenue bonds - 2006
Water revenue bonds - 2012
As of June 30, 2026, the City’s average rate of return for the last 12 months is 3.75%.* This does not include any capital appreciation from Bank of New York.
At the end of June 2026, 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 4.10% at 06/30/26
CAMP
Interest rate of 4.21% to mature 6/2026
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, 2025 - June 30, 2026
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.
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Attachment: Investment report for Council 06.2026 (5160 : Annual Investment Report Review) Investment Report
June 30, 2026
Section 115 Trust Investments
$ 2,249,764
Capital appreciation for period ending 06/30/26 - 13.15% 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 2026, 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 - 2026.06.30
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Attachment: Investment report for Council 06.2026 (5160 : Annual Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/11/2026
Subject: St. Francis Electric, LLC
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the contract with St. Francis Electric, LLC to replace a traffic signal pole and arm at the Main Street and Jack Tone Road intersection, in the not to exceed amount of $55,725 (funding source: Street and Road Operating Fund).
BACKGROUND
The signalized intersection of Main Street and Jack Tone Road is one of the City's most highly traveled. It is the first intersection encountered by commuters in Ripon when using West Ripon Road as an alternate route to Highway 99 and the volume has steadily increased in recent years.
The existing northwest traffic signal pole is located on the roadways edge and has sustained multiple impacts from vehicles, primarily large trucks making right turn movements from south bound Jack Tone Road to west bound Main Street.
These repeated collisions have damaged the pole and created an ongoing maintenance and public safety concern. To reduce the risk of additional damage while maintaining operation of the traffic signal, the City previously installed a concrete K-rail barrier around the existing pole.
Although the barrier has, to some extent, helped protect the pole from further impacts, it was only intended as a temporary measure.
DISCUSSION
The existing traffic signal pole has now reached a point where replacement is necessary. Staff has evaluated options to improve the intersection and is proposing to relocate the new pole farther from the edge of the roadway while still within the current City right-of-way to better protect the pole from vehicle impacts.
Staff requested proposals from qualified traffic signal contractors to complete the work. After reviewing the proposals received, St. Francis Electric, LLC was determined to be the lowest
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responsible contractor and submitted the most competitive cost for the project. Attached is a contract with St. Francis Electric, LLC to install a new pole, longer arm and other necessary items. The current lead time for the pole and arm is 6 months once submittals have been approved.
Other modifications to enhance the flow and safety of the intersection include moving the eastbound West Ripon Road to northbound Jack Tone Road left hand turn lane limit line further to the west, which has provided additional space for large trucks to make the turning movement and avoid hitting the pole.
The City has also installed a new smart camera detection system to replace the existing in-road vehicle loop detectors, which were damaged and resulted in the signal timing to no longer correctly operate. This system allows for quicker operational adjustments, improved vehicle detection, and automated outage notifications. Staff is working with a traffic engineer to modify the current signal timing at the intersection to once again meter traffic during times of the day when a high volume of commute traffic is entering the City in order to avoid congestion on local roadways near the Main Street intersection.
FISCAL IMPACT:
The attached contract with St. Francis Electric, LLC in the amount of $55,725 will be paid for through the Street and Road Operating Fund.
Attachments:
1. St. Francis Electric - Main-Jack Contract 8-11-26
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC)
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Attachment: St. Francis Electric - Main-Jack Contract 8-11-26 (5191 : St. Francis Electric, LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen, Associate Civil Engineer
Date: 08/11/2026
Subject: W. Ripon Road Overlay Project Change Order #1
RECOMMENDED ACTION:
Approve Change Order No. 1 for the West Ripon Road Overlay Project to address asphalt quantity overages, striping modifications, reflective pavement markers, and curb ramp reconstruction, in the not to exceed amount of $58,399.04 (funding source: Street and Road Operating Fund).
BACKGROUND:
The purpose of the West Ripon Overlay Project is to complete asphalt surface improvements of West Ripon Road between Jack Tone Road and City limits located near South Highland Avenue by completing the following improvements:
Two-inch asphalt grind and overlay
Deep lift asphalt reconstruction where failure has occurred Thermoplastic striping
Sidewalk repairs
The project was awarded to Knife River Construction at the April 23, 2026 City Council Meeting for an amount of $342,852.
DISCUSSION:
The West Ripon Road Overlay Project has the following contract changes that are recommended to be paid from the Street & Road Operating Fund:
1a. Curb Ramp Removal and Replacement: The contract documents included a line item for $50,000 to be used for sidewalk repairs throughout the project area. Seven additional ADA curb ramps along West Ripon Road and the Jack Tone Road intersection were found to be noncompliant with ADA standards and were therefore reconstructed. This work was not included in
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the original scope. The total cost related to this work is $84,760.91. The additional cost related to this bid item after adjusting the total cost by the $50,000 that was included in the bid schedule for sidewalk repairs is $34,760.91.
1b. Striping and Pavement Markers: There were minor field changes in the striping plan that removed the northern and western crosswalks at the Jack Tone Road and West Ripon Road intersection, as no pedestrian infrastructure exists at the north-west corner of the intersection.
Also, reflective pavement markers were added to the newly constructed roadway to improve visibility at night. The additional cost related to these changes is $2,750. 1c. Additional Asphalt: The contract documents bid schedule listed a quantity of the asphalt tonnage that was calculated to complete the project. After the project was completed and the actual asphalt tonnage used on the project was known, it was found to have exceeded the amount listed on the bid schedule. The additional cost related to this change is $20,888.13.
FISCAL IMPACT:
The attached Change Order No. 1 is in the amount of $58,399.04 and will be funded through the Street and Road Operating Fund, which currently has a balance of $3.34 million. The amended construction contract amount is shown in Table 1.
Table 1 – Current Contract Price
Amount
Original Contract Price $ 342,852.00
Change Order 1 $ 58,399.04
Current Contract Price $ 401,251.04
Attachments:
1. CCO 1_Knife River Construction
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CITY OF RIPON
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 DATE: 8/11/2026
PROJECT: W. Ripon Road Overlay Project SHEET 1 OF 1 SHEETS TO: Knife River Construction
NOTE: This change order is not effective until approved by the CITY ENGINEER.
Description Cost
Addition of the following items:
1 Concrete work including replacement of damaged ADA Curb Ramps and Sidewalk $34,760.91 2 Striping Changes and Additional Pavement Markers $2,750.00 3 Actual Asphalt Tonnage and Overages $20,888.13
Total: $58,399.04
Not to Exceed Cost: Increase
Approval Recommended: Date:
Approved: Date:
Accepted, Date _____________________ Contractor
By _________________________________ Title
By reason of this order the time of completion will be adjusted as follows:
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.
Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Change requested by the Engineer.
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
All work shall be in accordance with City Standards.
Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$58,399.04
Approval Senior
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Packet Pg. 113 Attachment: CCO 1_Knife River Construction (5166 : W. Ripon Road Overlay Project Change Order #1) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 08/11/2026
Subject: Wireless Network Expansion - Howell Communications Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Services Agreement with Howell Communications Inc. to complete the labor and installation of the wireless network equipment on the Ripon Police Department Tower, Ripon Communications Tower and Mistlin Water Tower in the not to exceed amount of $13,350.00 (funding sources: Wireless Network Expansion Fund).
BACKGROUND:
The City currently operates a citywide point-to-point wireless camera network that transmits video from 100 cameras to the Police Dispatch Center. These cameras are located at various priority locations such as high-traffic intersection, areas with higher crime rates, and near water well sites. The camera video feeds are monitored and used by Police Department staff to investigate an incident that may occur.
Depending on the location of the camera, the wireless signal from certain camera locations (depending on line of sight) are transmitted to a nearby “collector” site before transmitting the signal to the server room at City Hall. The “collector” sites are currently located at the Ripon Police Department, Ripon Consolidated Fire District and Jack Tone Water Tower.
The wireless network that transmits these video feeds is currently experiencing slow connections, intermittent connectivity issues, and frequent camera failures. Staff is recommending certain improvements to the City’s wireless camera network system to resolve these issues.
DISCUSSION/ANALYSIS:
The City’s wireless network was analyzed by Ric Small from Waypoint Network Solutions and Michael Silva, a wireless connectivity contractor. The following upgrades are recommended to improve the reliability and functionality of the wireless network:
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Ripon Communications Tower at Doak Blvd: Install the equipment necessary for this location to be used as a “collector” site and transmit camera feeds to the server room at the Police Department.
Mistlin Water Tower: Install the equipment necessary for this location to be used as a “collector” site and transmit camera feeds to the server room at the Police Department. Police Department Tower: Install the equipment necessary to receive the communication feeds from the Ripon Communications Tower and the Mistlin Water Tower.
The City has purchased the equipment necessary to make these upgrades and another contractor has completed the necessary electrical upgrades to power the communications equipment. The final step to complete these improvements is for a contractor to install the communications equipment.
Staff contacted three (3) vendors for bids to install the communications equipment, including pulling the cables and aligning the equipment to communicate with the Police Department Dispatch Center. Howell Communications Inc. was the lowest responsive and responsible bidder. The total cost to complete this work is $13,350.00.
Staff is recommending the City Council approve the Services Agreement with Howell Communications Inc. and authorize staff to move forward with the project.
FISCAL IMPACT:
The total cost of the project is $56,269.30, which is summarized below:
Purchase of equipment: $29,049.35 (previously approved by City Council) Electrical improvements to power equipment: $13,869.95 (previously approved by City Council)
Installation of equipment: $13,350.00 (this contract) The funding for this project is the Wireless Expansion Fund ($60,000). The source of funds in the Wireless Expansion Fund are fees collected from new development.
Attachments:
1. Services Agreement for Howell Communications Inc
2. Quote from Howell Communications Inc
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Professional Services Agreement - Page 1 of 7
Tower Equipment Installation
Howell Communications Inc.
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
HOWELL COMMUNICATIONS INC.
This Agreement for Professional Services (“Agreement”) is entered into on, August 11, 2026 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Howell Communications Inc. (“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.
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 $13,350.00 (Thirteen Thousand Three Hundred Fifty Dollars) for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
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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 All Policies Requirements.
3.4.1 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.
3.4.2 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
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extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
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
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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 $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).
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Packet Pg. 119 Attachment: Services Agreement for Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.) Professional Services Agreement - Page 5 of 7
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Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
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.
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Packet Pg. 120 Attachment: Services Agreement for Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.) Professional Services Agreement - Page 6 of 7
Tower Equipment Installation
Howell Communications Inc.
9.6 Notices.
Any written notice to Consultant shall be sent to:
Kevin Howell
CFO
Howell Communications Inc.
24154 Whitney Lane
Raymond, CA 93653
Any written notice to the City shall be sent to:
Daniel Sauer
Police Chief
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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Packet Pg. 121 Attachment: Services Agreement for Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.) Professional Services Agreement - Page 7 of 7
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Howell Communications Inc.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Gary Barton, Mayor Kevin Howell, CFO
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr, City Attorney
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Packet Pg. 122 Attachment: Services Agreement for Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.)
ESTIMATE
Howell Communications Inc.
24154 Whitney Ln
Raymond, CA 93653
[email protected]
+1 (559) 674-8989
Bill to
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Estimate details
Estimate no.: 6717
Estimate date: 06/18/2026
Job at:: City of Ripon, multiple sites.
# Date Product or service Description Qty Rate Amount
1. TRAVEL, LABOR PD TOWER:
Howell Communications to install
customer antennas as directed,
including:
-Two point to antennas, one to Ripon
tower, one to water tank. Path align as
needed.
-One run of cat6 cable to equipment
room.
-Howell to provide needed materials for
securing the feedlines from install height
down to equipment room.
1 $2,300.00 $2,300.00
2. TRAVEL, LABOR Water Tower:
Howell Communications to install
customer antennas as directed,
including:
-6 runs of cat6 cable from equipment
room to install height.
-5 antenna pipes and clamp-sets to be
installed on handrail at top of tank.
-Install entry port for cabling as needed
at top of tank
-Howell to provide antenna pipe
mounts, clamps, and associated
hardware needed to mount equipment
and secure the feedlines.
1 $3,650.00 $3,650.00
Exhibit A
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Packet Pg. 123 Attachment: Quote from Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.)
3. TRAVEL, LABOR Ripon Tower:
Howell Communications to install
customer antennas as directed,
including:
-8 Runs of cat6 cable from equipment
room to install height.
-Install V style antenna stand off mount
and clamp-sets to tapered tower leg.
-Howell to provide antenna pipe mount,
clamps, and associated hardware
needed to mount equipment and
secure the feedlines.
1 $3,850.00 $3,850.00
4. MATERIALS Total cost to provide all antenna
mounting pipes, clamp-sets, tie-wraps,
and associated hardware.
PD Tower: $50
Water Tank: $1825
Ripon Tower: $1675
Total: $3,550
Note: Price includes all taxes and
shipping - Howell will transport to site
from our shop.
1 $3,550.00 $3,550.00
Note to customer
Thank you for the opportunity to bid on this project. If you have any questions please feel free to call us at 559-674-8989. Thank you and have an outstanding day!
Total $13,350.00
Accepted date Accepted by
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Packet Pg. 124 Attachment: Quote from Howell Communications Inc (5185 : Wireless Network Expansion - Howell Communications Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/11/2026
Subject: Proclamation - Ripon Girls 10U Little League Team RECOMMENDED ACTION:
Present a proclamation to Ripon Little League 10U Minors All Stars Softball Team in recognition of its outstanding athletic accomplishments.
Attachments:
1. Proclamation Ripon Little League Girls Softball State Championship
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Packet Pg. 126 Attachment: Proclamation Ripon Little League Girls Softball State Championship (5183 : Proclamation - Ripon Girls 10U Little League Team) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 08/11/2026
Subject: Chapter 6.12 Animal Ownership, Care and Treatment Generally RECOMMENDED ACTION:
This ordinance amends Chapter 6.12 " Animal Ownership, Care and Treatment Generally " in the Ripon Municipal Code declaring a public nuisance for feeding animals on any public property.
BACKGROUND:
Chapter 6.12 "Animal Ownership, Care and Treatment Generally" of the Municipal Code establishes general rules and regulations governing animal ownership, care and treatment.
Chapter 6.12 also declares certain public nuisances regarding animal ownership.
Staff has observed a growing number of abandoned cats in local parks and neighborhoods, often sustained by residents feeding them in public spaces. Because the City lacks the shelter capacity and staffing required to house and adopt out these animals, many remain unmanaged. Left unvaccinated and unsterilized, these stray populations pose disease risks to other domestic animals and drive ongoing overpopulation.
DISCUSSION:
Pursuant to direction from the City Council during the Strategic Planning Meeting, This ordinance updates Chapter 6.12.110 "Public Nuisance Declared" in the Ripon Municipal Code to add subsection E, declaring a public nuisance for feeding animals on any public property that reads as follows:
6.12.110 Public Nuisance Declared
E. It is unlawful for any person to feed, cause to be fed, offer food to any animal, or to scatter food, seed or other forms of matter edible to animals (collectively referred to as “feed” or “feeding”) on any public property (which includes, but is not limited to, public buildings, streets, street rights-of-way, sidewalks, driveways, parks, public facilities or any other public property).
2.A
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This section shall not apply to feeding activities conducted as part of a trap program conducted by a City Animal Control Officer.
FISCAL IMPACT:
The proposed changes will not have a fiscal impact.
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ORDINANCE NO. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDS A PORTION OF CHAPTER 6.12 "ANIMAL
OWNERSHIP, CARE AND TREATMENT GENERALLY" OF
THE RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:
SECTION 1. AMENDMENT OF CHAPTER. Chapter 6.12.110 of the Ripon Municipal Code is hereby amended to add subsection E, to read as follows:
6.12.110 Public Nuisance Declared
E. It is unlawful for any person to feed, cause to be fed, offer food to any animal, or to scatter food, seed or other forms of matter edible to animals (collectively referred to as “feed” or “feeding”) on any public property (which includes, but is not limited to, public buildings, streets, street rights-of-way, sidewalks, driveways, parks, public facilities or any other public property). This section shall not apply to feeding activities conducted as part of a trap program conducted by a City Animal Control Officer.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of August, 2026, by the following vote:
RESULT: FIRST READING [UNANIMOUS] Next: 9/8/2026 6:00 PM MOVER: Daniel de Graaf, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
GARY BARTON, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/11/2026
Subject: Garbage Collection and Disposal Ordinance Amendment RECOMMENDED ACTION:
Waive the first reading and introduce the ordinance amending Chapter 8.12, “Garbage Collection and Disposal” of the Ripon Municipal Code to update multiple sections for clarity and alignment with current practices and operations of the City garbage collection service.
BACKGROUND:
Chapter 8.12 protects public health and safety by establishing uniform standards for the storage, collection, transportation, recycling, recovery, and disposal of solid waste generated within the City of Ripon. The chapter defines the responsibilities of residents, businesses, self-haulers, food recovery organizations, and permitted waste collectors; establishes service requirements and rates; prohibits improper disposal practices; authorizes enforcement; and ensures the City complies with California's waste reduction and organic recycling mandates while promoting efficient, reliable, and environmentally responsible solid waste management.
The ordinance provides the legal framework for the City's solid waste program while ensuring compliance with evolving State laws and environmental regulations. The most recent update to the chapter was completed in 2022 to incorporate the requirements of California's Short-Lived Climate Pollutant Reduction Act (SB 1383), which mandates reductions in landfill disposal of organic waste and increases recycling, composting, and edible food recovery.
DISCUSSION/ANALYSIS:
The proposed amendments to Chapter 8.12 of the Ripon Municipal Code are intended to clarify existing solid waste regulations and better reflect the City's current solid waste collection practices. The revisions are primarily administrative and operational and do not substantially alter the City's existing solid waste, recycling, or organic waste diversion requirements established under prior ordinances.
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Changes to Section 8.12.020 expands the authority of the Director of Public Works to authorize permitted waste collectors to provide solid waste collection services to rural residential properties within Ripon city limits where service through the City's municipal collection system is determined to be impractical or not conducive to efficient City operations.
Changes to Section 8.12.190 combines Section 8.12.200 (previous version) to remove outdated fee schedules that are now established by City Council resolution, clarifying certain garden refuse collection processes, and adding a maximum allowable curbside green waste collection volume. This section also establishes a timeframe for the City to collect brush from a customer’s property to prevent localized flooding during storms. The timeframe currently included in the ordinance is during the months that rain is typical. The City Council requested the timeframe for this service be extended from January 7th to January 14th, which has been included in the proposed amendment..
Changes to 8.12.200 will include the City's existing large item collection program including availability, scheduling requirements, and service limitations. The list of acceptable items will be modified annually by staff depending on what disposal facilities will allow.
Chapter 8.12.210 will be rescinded and the additional revisions throughout the chapter include minor editorial corrections, formatting improvements, and clarification of permit, fee, and administrative provisions.
Following is the proposed Ordinance recommended for first reading and introduction and attached are redline changes showing the proposed text changes to the Municipal Code and labeled “Chapter 8-12 Garbage Collection and Disposal - Redline Version”.
FISCAL IMPACT:
The expense to the Garbage Operations Fund to provide an additional week of brush pickup is going to vary depending on the weather conditions. There are some years an additional week of providing the free brush pick up program will have no financial impact. These are the years where leaves don’t fall until later in the year. In other years when leaves begin falling early in the free brush pick up program timeframe, an additional week of this program may result in a financial impact up to $5,000.
Attachments:
1. Chapter 8-12 Garbage Collection and Disposal - Redline Version
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ORDINANCE NO. 940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 8.12 "GARBAGE
COLLECTION AND DISPOSAL" OF THE RIPON MUNICIPAL
CODE
NOW THEREFORE, the City of Ripon does ordain as follows:
SECTION 1. AMENDING CHAPTER 8.12 TO THE RIPON MUNICIPAL CODE.
Chapter 8.12 to the Ripon Municipal Code is hereby amended to read in full as follows:
Chapter 8.12
GARBAGE COLLECTION AND DISPOSAL
Sections:
8.12.005 Purpose
8.12.010 Definitions
8.12.020 Collection of Solid Waste
8.12.030 Storage of Accumulated Garbage
8.12.035 Single-Family Generators
8.12.040 Collection-Frequency
8.12.050 Carryout Service-Charge
8.12.055 Placement of Containers-Interference with Traffic Prohibited
8.12.060 Unlawful Deposit of Garbage or Rubbish
8.12.070 Burning Garbage Prohibited-Exception
8.12.080 Burying Garbage Prohibited
8.12.085 Commercial Businesses
8.12.090 Self-Haulers
8.12.095 Waivers for Generators
8.12.100 Collection Truck Requirements
8.12.110 Supervision of Solid Waste Collection and Disposal by City
8.12.120 Business License Required
8.12.130 Commercial and Industrial Waste Collector-Permit Required
8.12.140 Commercial and Industrial Waste Collector-Permit Fee
8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City
8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators
8.12.180 Monthly Rates and Charges
8.12.185 Advanced Payment Discount
8.12.190 Commingling of Materials-Separation of Garden Refuse
8.12.200 Large Item Pick-Up (rescinded)
8.12.220 Payment and Collection of Garbage Bills
8.12.225 Temporary Interruption of Garbage Collection Service
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8.12.230 Ownership of Garbage Containers
8.12.232 Requirements for Commercial Edible Food Generators
8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions
8.12.238 Procurement
8.12.240 Failure to Pay Charges
8.12.250 Modification of Rates or Rules and Regulations
8.12.253 Inspections and Investigations by City or its Designees
8.12.255 Enforcement
8.12.260 Violation-Penalty
8.12.005 Purpose
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of
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SB 1383 Regulations. This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (Ord. 912 §1, 2022)
8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.
A. "Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
B. "Building" shall mean all other buildings not defined as dwellings.
C. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
D. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
E. "City" shall mean the City of Ripon.
F. "City Administrator" means the City Administrator of the City of Ripon.
G. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." H. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.
I. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.
J. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.
K. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.
L. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.
M. "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
N. "Compliance Review" means a review of records by the City to determine compliance with
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this Chapter.
O. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
P. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, landscaping debris and other structures.
Q. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
R. "Designee" means an entity or individual that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.
S. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.
T. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.
U. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and located in the City of Ripon.
V. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.
W. “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded.
X. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Y. “Environmental Health Department” means the San Joaquin County Environmental Health Department.
Z. "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated waste; volatile waste; corrosive waste; medical waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the City and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in City’s, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise
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create or expose City, or its Designee, to potential liability.
AA. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.
AB. “Food Distributor” means a company that distributes Food to entities including, but not limited to, Supermarkets and Grocery Stores.
AC. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
AD. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.
AE. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, including, but not limited to:
1. A Food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code;
3. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.
AF. “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
AG. “Food Service Provider” means an entity primarily engaged in providing Food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
AH. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.
AI. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.
AJ. "Generator" means a person or entity that is responsible for the initial creation of any waste material.
AK. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
AL. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
AM. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
AN. “Grocery Store” means a store primarily engaged in the retail sale of canned Food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the Food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store includes convenience stores.
AO. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes
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that are now or later become regulated under any applicable local, State, or Federal law.
AP. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
AQ. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
AR. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
AS. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.
AT. "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
AU. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.
AV. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.
AW. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.
AX. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
AY. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site is a single Large Venue.
AZ. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.
BA. "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
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BB. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses.
BC. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
BD. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
BE. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
BF. "Occupant" is synonymous with tenant or lessee.
BG. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
BH. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
BI. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner’s agent of the dwelling.
BJ. “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection agreement has been awarded by the City.
BK. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.
BL. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.
BM. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.
BN. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
BO. "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Permitted Collector; or (2) Excluded Waste placed in any container.
BP. "Putrescible wastes" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.
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BQ. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
BR. "Recycling" means the process by which salvaged materials become usable products.
BS. "Refuse" includes garbage and rubbish.
BT. "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents of any container in a Permitted Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
BU. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.
BV. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, three family, or four family premises.
BW. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.
BX. "Route Review" means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
BY. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.
BZ. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
CA. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
CB. "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to a facility. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.
CC. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.
CD. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
CE. "Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing
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stations or disposal sites, but excludes:
1. Sewage collected and treated in a municipal or regional sewage system.
2. Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.
CF. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
CG. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).
CH. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper.
CI. "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.
CJ. "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container.
CK. "State" means the State of California.
CL. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
CM. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.
CN. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises. Synonymous with occupant or lessee.
CO. "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system.
CP. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
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2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale Food vendor.
CQ. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an onsite Food Facility and 200 or more rooms.
3. Health Facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
CR. "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).
CS. “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of all residential solid waste at the discretion of the Director. The Director may authorize permitted waste collectors to collect, transport, and dispose of solid waste from rural residential properties where service by the City's solid waste collection system is determined to be impractical or not conducive to efficient City solid waste operations. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by authorized commercial and/or industrial waste collectors in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)
8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the interval between collections. These accumulations shall be placed in the ninety-gallon container, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
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8.12.035 Single-Family Generators
A Single-Family Organic Waste Generator shall:
A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.035(B) through (D). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.
B. Adjust its service level for its collection services as requested by the City.
C. Place designated materials in separate containers in accordance with the City collection system. Generator shall not place Prohibited Container Contaminants in collection containers.
D. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. The ninety-gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)
8.12.050 Carryout Service-Charge
Should any qualified resident request special carryout service, then the garbage containers must be placed in a visible location within seventy-five (75) feet of the designated pick up location determined by the City. An additional monthly charge set by resolution of the City Council shall be made for any carryout service requested and furnished by the City. Carryout service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the designated pick up location. The Director may refuse to grant a request for carryout service, should he or she determine that any special circumstances exist that would make it difficult or impossible to provide such service. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.055 Placement of Containers-Interference with Traffic Prohibited Every tenant, occupant, keeper, or owner of the places of occupancy will be responsible for placing garbage containers curbside as to not interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto. Garbage containers should be placed at least five (5) feet away from any parked vehicle or other obstacles. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.060 Unlawful Deposit of Garbage or Rubbish
It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997)
8.12.070 Burning Garbage Prohibited-Exception
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It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State law, the Fire Chief of the Ripon Consolidated Fire District shall have the right to authorize the legal burning of dry rubbish or garden refuse within City limits as allowed by law, and by written permit therefor and shall further provide, that such burning will not be attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)
8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage or putrescible wastes, including organic waste, food waste and other biodegradable materials capable of rapid decomposition, at any place within the City. (Ord. 570 §1, 1997)
8.12.085 Commercial Businesses
A Generator that is a Commercial Business shall:
A. Subscribe to City approved collection services and comply with requirements of those services as described below in Section 8.12.085(B) through (L), except Commercial Businesses that meet the Self-Hauler requirements in Section 8.12.090 of this Chapter. The City or Permitted Waste Collectors shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A Commercial Business shall adjust its collection service levels as requested.
B. Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
C. Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090.
D. Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.
A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with
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imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this Chapter are required on new containers commencing January 1, 2022.
Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.12.085(4) pursuant to 14 CCR Section 18984.9(b).
E. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If self-hauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of
8.12.090. Multi-Family Residential Dwellings are exempt from this requirement.
F. Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Multi-Family Residential Dwellings are exempt from this requirement.
G. Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.
H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090.
I. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.253 of this Chapter, in order to confirm compliance with the requirements of this Chapter.
J. Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system.
K. Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City.
L. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
M. Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul. (Ord. 912 §1, 2022)
8.12.090 Self-Haulers
A. Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:
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1. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.
2. Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
3. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
4. Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.
5. Self-Haulers shall haul Gray Container Waste to a licensed California Solid Waste Facility.
C. Self-Haulers shall keep a record of the amount of all waste materials described in
8.12.090(B) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials described in 8.12.090(B).
D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.12.090(C) to City upon request.
E. Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code. (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.095 Waivers for Generators
A. De Minimis Waiver:
For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.095(A)(2) below.
Commercial Businesses requesting a De Minimis Waiver shall:
1. Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.12.095(A)(2) below.
2. Provide documentation in a City-approved format that either:
a. The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business's total waste; or b. The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.
3. Notify City if circumstances change such that the Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if the City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.
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B. Physical Space Waiver:
Given inadequate space for collection containers, for Two-Container, Three-Container or ThreePlus Container Systems, the City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.035 or 8.12.085.
A Physical Space Waiver may be requested through the following process:
1. Submit a City-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
3. For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
4. Provide written City-approved verification to City that it is still eligible for Physical Space Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences are meeting Physical Space Waivers for compliance with this Chapter. (Ord. 912 §1, 2022)
8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and a suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)
8.12.110 Supervision of Solid Waste Collection and Disposal by City The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between permitted collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting. The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)
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8.12.120 Waste Collectors and Transporters - Business License Required A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has obtained a business license from the City. The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.
B. Nothing in this Chapter shall be construed to prohibit any person from transporting his own solid waste to any site approved for the dumping thereof outside the City, or to prohibit any person, building contractor, or subcontractor engaged in the construction or repair of any building or structure from removing and disposing of any solid waste which has accumulated during such construction or repair if the requirements of Section 8.12.090 Self-Haulers are met.
It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.
C. Nothing in this Section shall be construed to prohibit any person from removing and disposing of solid waste when ordered to do so by the City Administrator, Chief of Police, Fire Department, health officer, or their authorized representatives, in order to eliminate a fire hazard or other health menace immediately. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.130 Commercial and Industrial Waste Collector-Permit Required It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by the City Council of the City of Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council. The City Council shall establish, by resolution, rules and regulations for the administration of this chapter. Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council.
The fee for the issuance of each commercial waste permit shall be the sum of Eight Thousand Dollars ($8,000) and the fee for the issuance of each industrial waste permit shall be the sum of Eight Thousand Dollars ($8,000). Thereafter, the annual renewal fee for said permit(s) shall be
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the Four Thousand Dollars ($4,000) each. Any such permit issued pursuant to this Section shall not be transferable to another person, firm, or corporation and, in the case of corporations, the permit shall become void whenever there may occur a transfer of the majority interest in said corporation. A ten percent (10%) penalty may be assessed on a balance that is past 30 days delinquent. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.140 Commercial and Industrial Waste Collector-Permit Fee In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial and industrial waste collectors shall pay to the City of Ripon eight percent (8%) of the gross revenue collected for performing commercial and industrial waste collection services. For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations. However, this provision shall not be construed to exempt revenue from any element of the services to collect such commercial waste. On or before the fifteenth day of each month, the waste collectors shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from the sale of reclaimed refuse for the preceding month. The waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty may be assessed on a balance that is past 30 days delinquent. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City Every waste collector who has obtained a permit to provide commercial and industrial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the waste collector's operations within the scope of the permit issued pursuant to Section 8.12.130.
Upon request the waste collector shall provide City its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided to the City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial and industrial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.160 (rescinded Ord. 920 §1, 2023)
8.12.170 (rescinded Ord. 920 §1, 2023)
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8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators A. Requirements for Permitted Waste Collectors:
1. A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.
2. A Permitted Waste Collector shall:
a. Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
i. For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall constitute approval.
b. Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
c. Identify, through written notice to the City annually on or before October 31 of each year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
d. Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
e. Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container. f. Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
g. Transport Mixed Waste to a High Diversion Organic Waste Processing Facility. h. Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.255(C) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5. i. Submit a Route Review or Waste Evaluation plan and methodology annually or as requested by City for approval.
j. Submit annually a report to City summarizing the results of each Route Review with location of each violation identified.
k. Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of non-compliant customer names, addresses and service levels.
l. Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements.
City shall approve such materials prior to issue.
m. Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1. n. Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.
o. Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 Self-Hauler requirements.
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p. Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.
3. City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.
B. Requirements for Organic Waste Facility Operators and Community Composting Operations:
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. All such entities contacted by City shall respond within 60 days.
2. Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days. (Ord. 912 §1, 2022)
8.12.180 Monthly Rates and Charges
A. Established. Rates, fees and charges for the collection services specified in this Chapter are established, and shall be charged for the collection of services. The amounts of the rates, fees and charges for collection services shall be set by resolution of the City Council.
1. For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one-half (½) the normal monthly rate for each violation.
2. For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half (½) the normal monthly rate for each violation.
B. Rate Schedule.The rate schedule for commercial and industrial solid waste collections by permitted collectors other than the City shall be set by negotiation between the permitted collectors and the customer.
C. Rate Modifications. Any fees or charges set forth in this Chapter may be modified, changed, or eliminated at any time by the adoption of a resolution of the City Council. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.185 Advanced Payment Discount
A discount not to exceed five percent (5%) may be given by the City Administrator, or his or her designee, for garbage accounts paid in February. This payment shall be for fees for the period of February through the following January and must be received by February 11th of any calendar year. (Ord. 920 §1, 2023)
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8.12.190 Commingling of Materials-Separation of Garden Refuse A. Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two (2) inches in diameter.
B. Prunings and leaves may be placed at the curb in front of the property, subject to the following requirements:
1. Curbside collection shall occur only upon prior arrangement with the Public Works Department. Fees for such collection shall be established by resolution of the City Council.
Garden refuse which has been left at the curb without collection arrangements shall be ticketed.
Refuse producers shall, within seven (7) days of notice, either properly dispose of the refuse or arrange for City collection. If garden refuse remains after such period, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse.
2. All prunings shall be cut or trimmed so as not to exceed four (4) foot lengths or six (6) inches in diameter.
3. Palm fronds, yucca and bamboo shall not be placed for curbside collection.
4. No other solid waste shall be deposited with or commingled among prunings or leaves.
5. The maximum allowable volume per pick-up is a full truck load, ±14 cubic yards.
6. Between October 15th and January 14th of each year, or such other period of time as may be from time to time be designated by resolution of the City Council, curbside collection services shall be provided at no additional cost to customers subscribing to City refuse services. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.200 Large Item Pick-Up Residential customers may dispose of large household items during the months of April through September subject to the following requirements:
A. Residential customers are offered one complimentary, scheduled pick up per year, which may consist of up to four items.
B. Items must be placed on the street in front of the curb in a manner that does not obstruct the path of travel of vehicles and pedestrians. The deposit of large item waste in alleys or on private streets is prohibited.
C. Large items disposed pursuant to the provisions of this Section shall not deviate from the list of acceptable items published by the Public Works Department. The Director is authorized to update the list of acceptable items annually at his or her discretion.
D. All items disposed of pursuant to the provisions of this Section shall be placed in the designated pickup location at the time and date scheduled by the customer with the Public Works Department. (Ord. 570 §1, 1997)
8.12.210 (rescinded)
8.12.220 Payment and Collection of Garbage Bills
The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premises served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. (Ord. 570 §1, 1997)
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8.12.225 Temporary Interruption of Garbage Collection Service If a residential dwelling unit is vacant and uninhabited for a period of at least ninety (90) consecutive days and no residential waste will be generated on the site, the customer may request a temporary interruption of garbage collection service upon payment of a fee that is established by resolution of the City Council. It is the customer’s responsibility to immediately restore garbage collection service when the dwelling unit is again occupied. If the City finds that someone has inhabited the residence at any time during this temporary interruption, the customer will be obligated to pay the garbage collection service fees for the entire period along with the request fee. (Ord. 920 §1, 2023)
8.12.230 Ownership of Garbage Containers
All waste containers supplied by the City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.232 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing Food services, but allowing for Food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the City or designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
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ii. The types of Food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Food will be collected or self-hauled. iv. The quantity of Food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 31 of each year.
D. Food Recovery Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food
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Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 912 §1, 2022)
8.12.238 Organic Waste Procurement
City and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12). (Ord. 912 §1, 2022)
8.12.240 Failure to Pay Charges
It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)
8.12.250 Modification of Rates or Rules and Regulations.
For the purpose of carrying out the collection of solid waste in the City, the City Council may, by resolution, change the rates for the services contained in this Chapter, or establish any other rules and regulations necessary to carry out the intent and purposes of this Chapter. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.253 Inspections and Investigations by City or its Designees A. City representatives and their Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility to confirm compliance with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
B. For the purposes of inspecting Commercial Business containers for compliance with Section
8.12.085(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.085(k) of this Chapter.
C. Any entity subject to inspection pursuant to the provisions of this Section shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or
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access to records for any Inspection or investigation is a violation of this Chapter.
D. Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 7920.000 et seq.
E. City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
F. City shall receive written complaints from persons regarding any entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 912 §1, 2022)
8.12.255 Enforcement
A. With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.255(C)(2), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated, including the issuance of an administrative citation and the imposition of a fine. The City’s procedures on imposition of administrative fines, and the appeal thereof, shall be governed by Chapter 1.12 of this Code.
B. The City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources.
C. Enforcement Process
1. The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring).
2. For any incident of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee, shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred. If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties.
3. With the exception of violations of Container Contamination addressed under Section
8.12.255(C)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period if the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.
4. The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections 8.12.232 and 8.12.234.
5. Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may issue administrative citation pursuant to Chapter 1.12 of this Code. Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information.
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D. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.
E. Enforcement Mechanisms; Cumulative Remedies
1. Container Contamination violations shall be enforced pursuant to the provisions of Section
8.12.255(C)(2).
2. For any violation of any provision of this Chapter pertaining to State Organics Law (SB 1383; Pub. Res. C §§42652-42655; Health & Saf. C. §§39730.5-39730.8; 14 CCR Div. 7 Ch. 12) for which compliance is not achieved by the time prescribed in the Notice of Violation, Director may issue an administrative citation pursuant to Chapter 1.12 of this Code.
3. Any person violating any provisions of this Chapter not addressed by Sections
8.12.255(E)(1-2) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 of this Code. Such violations are hereby declared to be a public nuisance.
4. Each and every day a violation of this Chapter or applicable state code exists constitutes a separate
and distinct offense, which may be assessed the same civil penalty as applicable to the initial violation.
5. All remedies prescribed under this Chapter shall be cumulative, shall be in addition to such other remedies as are provided by law, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.260 Violation - Penalty
A. Administrative Citation Penalty Amounts
The penalty amounts for administrative citations issued for violations of this Chapter are as follows:
1. First penalty amount shall be $100 per violation.
2. Second penalty amount shall be $200 per violation.
3. Third or subsequent penalty amount shall be $500 per violation.
B. Administrative penalties assessed may be added to the utility bills and collected in the same manner as any unpaid garbage service charges as specified in Section 8.12.220, including discontinuance of service.
C. Any person convicted of a misdemeanor violation of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, as provided in Chapter 1.08 of this Code. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section
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15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of August, 2026, by the following vote:
RESULT: FIRST READING [UNANIMOUS] Next: 9/8/2026 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
GARY BARTON, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Chapter 8.12
GARBAGE COLLECTION AND DISPOSAL
Sections:
8.12.005 Purpose
8.12.010 Definitions
8.12.020 Collection of Solid Waste
8.12.030 Storage of Accumulated Garbage
8.12.035 Single-Family Generators
8.12.040 Collection-Frequency
8.12.050 Rear Yard Carryout Service-Charge
8.12.055 Placement of Containers-Interference with Traffic Prohibited
8.12.060 Unlawful Deposit of Garbage or Rubbish
8.12.070 Burning Garbage Prohibited-Exception
8.12.080 Burying Garbage Prohibited
8.12.085 Commercial Businesses
8.12.090 Self-Haulers
8.12.095 Waivers for Generators
8.12.100 Collection Truck Requirements
8.12.110 Supervision of Solid Waste Collection and Disposal by City
8.12.120 Commercial and Industrial Waste Collectors - Business License Required
8.12.130 Commercial and Industrial Waste Collector-Permit Required
8.12.140 Commercial and Industrial Waste Collector-Permit Fee
8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City
8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators
8.12.180 Monthly Rates and Charges
8.12.185 Advanced Payment Discount
8.12.190 Commingling of Materials-Separation of Garden Refuse
8.12.200 Collection of Prunings and Leaves-Time Period DesignatedLarge Item Pick-Up
8.12.210 Unacceptable Material(rescinded)
8.12.220 Payment and Collection of Garbage Bills
8.12.225 Temporary Interruption of Garbage Collection Service
8.12.230 Ownership of Garbage Containers
8.12.232 Requirements for Commercial Edible Food Generators
8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions
8.12.238 Procurement
8.12.240 Failure to Pay Charges
8.12.250 Modification of Rates or Rules and Regulations
8.12.253 Inspections and Investigations by City or its Designees
8.12.255 Enforcement
8.12.260 Violation-Penalty
8.12.005 Purpose
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
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B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.
This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (Ord. 912 §1, 2022)
8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.
A. "Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
B. "Building" shall mean all other buildings not defined as dwellings.
C. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
D. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
E. "City" shall mean the City of Ripon.
F. "City Administrator" means the City Administrator of the City of Ripon.
G. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." H. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.
I. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.
J. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock Redline Version
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company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.
K. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.
L. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.
M. "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
N. "Compliance Review" means a review of records by the City to determine compliance with this Chapter.
O. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
P. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, landscaping debris and other structures.
Q. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
R. "Designee" means an entity or individual that the CountyCity contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.
S. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.
T. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.
U. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and located in the City of Ripon.
V. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.
W. “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded.
X. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Y. “Environmental Health Department” means the San Joaquin County Environmental Health Department.
Z. "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the CountyCity and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, Redline Version
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be a violation of local, State, or Federal law, regulation, or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in County'sCity’s, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose CountyCity, or its Designee, to potential liability.
AA. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.
AB. “Food Distributor” means a company that distributes Food to entities including, but not limited to, Supermarkets and Grocery Stores.
AC. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
AD. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.
AE. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, including, but not limited to:
1. A Food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code;
3. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.
AF. “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
AG. “Food Service Provider” means an entity primarily engaged in providing Food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
AH. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.
AI. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.
AJ. "Generator" means a person or entity that is responsible for the initial creation of any waste material.
AK. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
AL. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a threecontainer Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
AM. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
AN. “Grocery Store” means a store primarily engaged in the retail sale of canned Food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the Food is prepared and served, including a bakery, deli, and meat and seafood departments.
Grocery Store includes convenience stores.
AO. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes that are now or later become regulated under any applicable local, State, or Federal law.
AP. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
AQ. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the Redline Version
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reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
AR. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
AS. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.
AT. "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
AU. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.
AV. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.
AW. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.
AX. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
AY. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site is a single Large Venue.
AZ. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.
BA. "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
BB. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses.
BC. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
BD. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
BE. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
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BF. "Occupant" is synonymous with tenant or lessee.
BG. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
BH. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
BI. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner’s agent of the dwelling.
BJ. “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection agreement has been awarded by the City.
BK. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.
BL. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.
BM. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.
BN. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
BO. "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Permitted Collector; or (2) Excluded Waste placed in any container.
BP. "Putrescible wastes" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.
BQ. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
BR. "Recycling" means the process by which salvaged materials become usable products.
BS. "Refuse" includes garbage and rubbish.
BT. "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents of any container in a Permitted Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
BU. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.
BV. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, three family, or four family premises.
BW. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.
BX. "Route Review" means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
BY. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.
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BZ. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter
13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
CA. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
CB. "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to a facility. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.
CC. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.
CD. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
CE. "Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:
1. Sewage collected and treated in a municipal or regional sewage system.
2. Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.
CF. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
CG. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).
CH. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper.
CI. "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.
CJ. "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container.
CK. "State" means the State of California.
CL. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars Redline Version
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($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
CM. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.
CN. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises. Synonymous with occupant or lessee.
CO. "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system.
CP. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale Food vendor.
CQ. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an onsite Food Facility and 200 or more rooms.
3. Health Facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
CR. "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).
CS. “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of all residential solid waste at the discretion of the Director.
The Director may authorize permitted waste collectors to collect, transport, and dispose of solid waste from rural residential properties where service by the City's solid waste collection system is determined to be impractical or not conducive to efficient City solid waste operations. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by authorized commercial and/or industrial waste collectors in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)
8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the Redline Version
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interval between collections. These accumulations shall be placed in the ninety-gallon container, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.035 Single-Family Generators
A Single-Family Organic Waste Generator shall:
A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.035(B) through (D). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.
B. Adjust its service level for its collection services as requested by the City.
C. Place designated materials in separate containers in accordance with the City collection system.
Generator shall not place Prohibited Container Contaminants in collection containers.
D. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. The ninety-gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)
8.12.050 Rear Yard Carryout Service-Charge
Should any qualified resident request special rear yardcarryout service, then the garbage containers must be placed in a visible location within seventy-five (75) feet of the closest curbdesignated pick up location determined by the City. An additional monthly charge of Five Dollars ($5.00) a month set by resolution of the City Council shall be made for any rear yardcarryout service requested and furnished by the City. Rear yardCarryout service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the curbdesignated pick up location. The City Director may at all times shall reserve the right to refuse to grant a request for rear yardcarryout service, should he or she determine that any special circumstances exist that would make it difficult or impossible to provide such service. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.055 Placement of Containers-Interference with Traffic Prohibited Every tenant, occupant, keeper, or owner of the places of occupancy will be responsible for placing garbage containers curbside as to not interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto. Garbage containers should be placed at least five (5) feet away from any parked vehicle or other obstacles. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.060 Unlawful Deposit of Garbage or Rubbish
It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997) Redline Version
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8.12.070 Burning Garbage Prohibited-Exception
It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State or County law, the Fire Chief of the Fire DepartmentRipon Consolidated Fire District shall have the right to authorize the legal burning of dry rubbish or garden refuse within City limits as allowed by law, and by written permit therefore and shall further provide, that such burning is will not be attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)
8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage, or putrescible wastes, including organic waste, food waste and other biodegradable materials capable of rapid decomposition, at any place within the City. (Ord. 570 §1, 1997)
8.12.085 Commercial Businesses
A Generator that is a Commercial Business shall:
A. Subscribe to City approved collection services and comply with requirements of those services as described below in Section 8.12.085(B) through (L), except Commercial Businesses that meet the SelfHauler requirements in Section 8.12.090 of this Chapter. The City or Permitted Waste Collectors shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A Commercial Business shall adjust its collection service levels as requested.
B. Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
C. Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090.
D. Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers.
All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this Chapter are required on new containers commencing January 1, 2022. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.12.085(4) pursuant to 14 CCR Section 18984.9(b).
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E. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If self-hauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of 8.12.090. Multi-Family Residential Dwellings are exempt from this requirement.
F. Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Multi-Family Residential Dwellings are exempt from this requirement.
G. Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.
H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090.
I. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.253 of this Chapter, in order to confirm compliance with the requirements of this Chapter.
J. Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system.
K. Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City.
L. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
M. Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul. (Ord. 912 §1, 2022)
8.12.090 Self-Haulers
A. Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:
1. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.
2. Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
3. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
4. Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.
5. Self-Haulers shall haul Gray Container Waste to a licensed California Solid Waste Facility.
C. Self-Haulers shall keep a record of the amount of all waste materials described in 8.12.090(B) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each entity.
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3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials described in 8.12.090(B).
D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.12.090(C) to City upon request.
E. Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code. (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.095 Waivers for Generators
A. De Minimis Waiver:
For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.095(A)(2) below. Commercial Businesses requesting a De Minimis Waiver shall:
1. Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.12.095(A)(2) below.
2. Provide documentation in a City-approved format that either:
a. The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business's total waste; or b. The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.
3. Notify City if circumstances change such that the Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if the City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.
B. Physical Space Waiver:
Given inadequate space for collection containers, for Two-Container, Three-Container or Three-Plus Container Systems, the City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.035 or 8.12.085.
A Physical Space Waiver may be requested through the following process:
1. Submit a City-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
3. For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
4. Provide written City-approved verification to City that it is still eligible for Physical Space Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences Redline Version
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are meeting Physical Space Waivers for compliance with this Chapter. (Ord. 912 §1, 2022)
8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and a suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)
8.12.110 Supervision of Solid Waste Collection and Disposal by City The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between licensedpermitted collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting.
The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)
8.12.120 Commercial and Industrial Waste Collectors and Transporters - Business License Required
A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has obtained a business license from the City.
The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.
B. Nothing in this Chapter shall be construed to prohibit any person from transporting his own solid waste to any site approved for the dumping thereof outside the City, or to prohibit any person, building contractor, or subcontractor engaged in the construction or repair of any building or structure from removing and disposing of any solid waste which has accumulated during such construction or repair if the requirements of Section 8.12.090 Self-Haulers are met. It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.
C. Nothing in this Section shall be construed to prohibit any person from removing and disposing of solid waste when ordered to do so by the City Administrator, Chief of Police, Fire Department, health officer, or their authorized representatives, in order to eliminate a fire hazard or other health menace immediately. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.130 Commercial and Industrial Waste Collector-Permit Required It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose Redline Version
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of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by the City Council of the City of Redline Version
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Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council.
The City Council shall establish, by resolution, rules and regulations for the administration of this chapter.
Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council. The fee for the issuance of each commercial waste permit shall be the sum of Eight Thousand Dollars ($8,000) and the fee for the issuance of each industrial waste permit shall be the sum of Eight Thousand Dollars ($8,000).
Thereafter, the annual renewal fee for said permit(s) shall be the Four Thousand Dollars ($4,000) each. Any such permit issued pursuant to this Section shall not be transferable to another person, firm, or corporation and, in the case of corporations, the permit shall become void whenever there may occur a transfer of the majority interest in said corporation. A ten percent (10%) penalty may be assessed on athe delinquent balance that is past 30 days delinquent. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.140 Commercial and Industrial Waste Collector-Permit Fee In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial and industrial waste collectors shall pay to the City of Ripon eight percent (8%) of the gross revenue collected for performing commercial and industrial waste collection services. For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations. However, this provision shall not be construed to exempt revenue from any element of the services to collect such commercial waste. On or before the fifteenth day of each month, the waste collectors shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from the sale of reclaimed refuse for the preceding month. The waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in fullmay be assessed on the delinquenta balance that is past 30 days delinquent. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City Every waste collector who has obtained a permit to provide commercial and industrial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the waste collector's operations within the scope of the permit issued pursuant to Section 8.12.130. Upon request the waste collector shall provide City its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided to the City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial and industrial waste collector shall Redline Version
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provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.160 (rescinded Ord. 920 §1, 2023)
8.12.170 (rescinded Ord. 920 §1, 2023)
8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators A. Requirements for Permitted Waste Collectors:
1. A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.
2. A Permitted Waste Collector shall:
a. Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
i. For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall constitute approval.
b. Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
c. Identify, through written notice to the City annually on or before October 31 of each year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
d. Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
e. Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container. f. Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
g. Transport Mixed Waste to a High Diversion Organic Waste Processing Facility. h. Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.255(C) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5. i. Submit a Route Review or Waste Evaluation plan and methodology annually or as requested by City for approval.
j. Submit annually a report to City summarizing the results of each Route Review with location of each violation identified.
k. Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of non-compliant customer names, addresses and service levels. l. Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements. City shall approve such materials prior to issue.
m. Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1. n. Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.
o. Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Redline Version
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Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 SelfHauler requirements. p. Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.
3. City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.
B. Requirements for Organic Waste Facility Operators and Community Composting Operations:
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. All such entities contacted by City shall respond within 60 days.
2. Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days. (Ord. 912 §1, 2022)
8.12.180 Monthly Rates and Charges
A. Established. Rates, fees and charges for the collection services specified in this Chapter are established, and shall be charged for the collection of services. The amounts of the rates, fees and charges for collection services shall be set by resolution of the City Council.
1. For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one-half (½) the normal monthly rate for each violation of residential customers.
2. For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half (½) the normal monthly rate for each violation of commercial users.
B. Rate Schedule. The rate schedule for commercial and industrial solid waste collections by licensedpermitted collectors other than the City shall be set by negotiation between the licensedpermitted collectors and the customer.
C. Rate Reduction. A discount of 20% shall be granted to qualified Owners or Occupants whose household income qualifies as “very low income” as defined in California Code of Regulations, Title 25, Section 6926, as may be amended. A discount of 10% shall be granted to qualified Owners or Occupants whose household income qualifies as “lower income” as defined in California Code of Regulations, Title 25, Section 6928, as may be amended. Owners or Occupants seeking the discount set forth in this subsection shall present adequate proof of income status to the City Clerk, whose decision shall be final. (Ord. 727 §1, 2005, Ord. 920 §1, 2023)
D. Special Charges. When in the opinion of the City the minimum charge, as provided in this Section, is insufficient to cover the cost of the service provided to any commercial or individual solid waste operator by reason of volume or other special circumstances, the City may propose a monthly charge for collection at the establishment and agree with the owner thereof as to the particular charge to be made in each case.
Commercial and industrial solid waste operators shall pay the full price for each ninety (90) gallon container used.
E. C. Rate Modifications. Any fees or charges set forth in this Chapter may be modified, changed, or Redline Version
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eliminated at any time by the adoption of a resolution of the City Council. The amount of any such increase or decrease shall be annually added to or subtracted from the applicable fees as provided for in this Chapter.
(Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.185 Advanced Payment Discount
A discount not to exceed five percent (5%) may be given by the City Administrator, or his or her designee,ive Officer for garbage accounts paid in February. This payment shall be for fees for the period of February through the following January and must be received by February 11th of any calendar year. (Ord. 920 §1, 2023)
8.12.190 Commingling of Materials-Separation of Garden Refuse A. Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two (2) inches (2") in diameter.
B. Prunings and leaves may be placed at the curb in front of the property, subject to the following requirements:
Between January 8th and October 14th of each year, collection of garden refuse which has not been placed within a designated garden refuse container may be collected on a weekly basis only if arrangements have been made by contacting City Hall. Garden refuse placed at the curb for collection must be cut or trimmed not to exceed four (4) foot lengths or six inches (6") in diameter. The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
1/2 truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truckload quantities are not compacted and shall be determined by city staff.
1. Curbside collection shall occur only upon prior arrangement with City Hallthe Public Works Department.
Fees for such collection shall be established by resolution of the City Council. Garden refuse which has been left at the curb without collection arrangements shall be ticketed. Refuse producers shall, within seven (7) days of notice, eitherwill be required to properly dispose of the refuse or arrange for City collection., or make arrangements for collection of ticketed garden refuse prior to the next designated garden refuse collection day. If garden refuse remains after such period, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse.
2. All prunings shall be cut or trimmed so as not to exceed four (4) foot lengths or six (6) inches in diameter.
3. Palm fronds, yucca and bamboo shall not be placed for curbside collection.
4. No other solid waste shall be deposited with or commingled among prunings or leaves.
5. The maximum allowable volume per pick-up is a full truck load, ±14 cubic yards.
6. Between October 15th and January 14th of each year, or such other period of time as may be from time to time be designated by resolution of the City Council, curbside collection services shall be provided at no additional cost to customers subscribing to City refuse services. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.200 Collection of Prunings and Leaves-Time Period DesignatedLarge Item Pick-Up Residential customers may dispose of large household items during the months of April through September subject to the following requirements:
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consist of up to four items.
B. Items must be placed on the street in front of the curb in a manner that does not obstruct the path of travel of vehicles and pedestrians. The deposit of large item waste in alleys or on private streets is prohibited.
C. Large items disposed pursuant to the provisions of this Section shall not deviate from the list of acceptable items published by the Public Works Department. The Director is authorized to update the list of acceptable items annually at his or her discretion.
D. All items disposed of pursuant to the provisions of this Section shall be placed in the designated pickup location at the time and date scheduled by the customer with the Public Works Department.
Between October 15th and January 7th of each year, or such other period of time as may from time to time be designated by the City Council, the following special handling provisions shall apply for pruning and leaves only. No other solid waste of any kind shall be deposited among the pruning or leaves. During the period, all pruning and leaves may be placed in the gutters curbside without the necessity of placing the pruning or leaves in containers. All pruning, however, must still be cut into lengths not exceeding four (4) feet and six inches in diameter, and need not be tied in bundles. Pruning shall be placed separately from the leaves immediately adjacent thereto. Other than during the period as set forth in this Section for the special handling of pruning and leaves, the regular provisions of this Chapter shall apply at all times on their handling for the balance of the year. (Ord. 570 §1, 1997)
8.12.210 Unacceptable Material(rescinded)
Any material which may be deemed to be not acceptable by the City as provided in this Chapter, such as large accumulations from yard cleaning, tree trimmings and removal, and major house cleaning or wrecking or remodeling debris, may be removed by the City as a special collection upon request. All special requests shall be directed to City Hall. The special pickup charge to be made therefor shall be based upon volume, the difficulty of handling, the time required for the City crew to make the collection, haul it to the disposal site, and return to the City corporation yard. In no event shall this ordinance be construed as to authorize the disposal by any person of hazardous materials in any manner other than in strict compliance with all applicable laws and regulations pertaining thereto. (Ord. 570 §1, 1997)
8.12.220 Payment and Collection of Garbage Bills
The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premises served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. All rules and regulations governing the payment and collection of water bills shall apply in every particular in the payment and collection of garbage bills. (Ord. 570 §1, 1997)
8.12.225 Temporary Interruption of Garbage Collection Service If a residential dwelling unit is vacant and uninhabited for a period of at least ninety (90) consecutive days and no residential waste will be generated on the site, the customer may request a temporary interruption of garbage collection service upon payment of a fee that is established by resolution of the City Council. It is the customer’s responsibility to immediately restore garbage collection service when the dwelling unit is again occupied. If the City finds that someone has inhabited the residence at any time during this temporary interruption, the customer will be obligated to pay the garbage collection service fees for the entire period along with the request fee. (Ord. 920 §1, 2023)
8.12.230 Ownership of Garbage Containers
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All waste containers supplied by the City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.232 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.B.
B. Large Venue or Large Event operators not providing Food services, but allowing for Food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the City or designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of Food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Food will be collected or self-hauled. iv. The quantity of Food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food Generator from which Redline Version
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the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 31 of each year.
D. Food Recovery Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 912 §1, 2022)
8.12.238 Organic Waste Procurement
City of Ripon departments, and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12) and shall be detailed in the City of Ripon Procurement Policy. (Ord. 912 §1, 2022)
8.12.240 Failure to Pay Charges
It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)
8.12.250 Modification of Rates or Rules and Regulations.
For the purpose of carrying out the collection of solid waste in the City, the City Council may, by resolution, change the rates for the services contained in this Chapter, or establish any other rules and regulations necessary to carry out the intent and purposes of this Chapter. (Ord. 570 §1, 1997, Ord. 920 §1, 2023)
8.12.253 Inspections and Investigations by City or its Designees A. City representatives and their Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or Redline Version
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disposal facility to confirm compliance with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
B. For the purposes of inspecting Commercial Business containers for compliance with Section
8.12.085(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.085(k) of this Chapter.
C. Regulated entity Any entity subject to inspection pursuant to the provisions of this Section shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this Chapter.
D. Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 7920.000 et seq.
E. City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
F. City shall receive written complaints from persons regarding any entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 912 §1, 2022)
8.12.255 Enforcement
A. With the exception of Prohibited Container Contaminants violations, as addressed under Section
8.12.255(C)(2), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated, including the issuance of an administrative citation and the imposition of a fine. The City’s procedures on imposition of administrative fines, and the appeal thereof, shall be governed by Chapter 1.12 of this Code.
B. The City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources.
C. Process for Determining Compliance with this ChapterEnforcement Process
1. The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring).
2. For any incident of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee, shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred. If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties.
3. With the exception of violations of Container Contamination addressed under Section 8.12.255(C)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period if the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.
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4. The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections 8.12.232 and 8.12.234.
5. Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties and finesissue administrative citation pursuant to Chapter 1.12 of this Code. Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information.
D. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.
E. Enforcement TableMechanisms; CumalativeCumulative Remedies
1. Container Contamination violations shall be enforced pursuant to the provisions of Section
8.12.255(C)(2).
2. For any violation of any provision of this Chapter pertaining to State Organics Law (SB 1383; Pub. Res.
C §§42652-42655; Health & Saf. C. §§39730.5-39730.8; 14 CCR Div. 7 Ch. 12) for which compliance is not achieved by the time prescribed in the Notice of Violation, Director may issue an administrative citation pursuant to Chapter 1.12 of this Code.
3. Any pers on violating any provisions of this Chapter not addressed by Sections 8.12.255(E)(1-2) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1.08 of this Code. Such violations are hereby declared to be a public nuisance.
4. Each and every day a violation of this Chapter or applicable state code exists constitutes a separate and distinct offense, which may be assessed the same civil penalty as applicable to the initial violation.
5. All remedies prescribed under this Chapter shall be cumulative, shall be in addition to such other remedies as are provided by law, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter.
With the exception of Container
Contamination violations addressed
under Section 8.12.255(C)(2),
violation of any provision of this
Chapter, including but not limited to
the violations listed below, may
commence an action by the City to
impose penalties and fines.Code
Section
Description of Violation
Single-Family Generator
Requirement:
Section 8.12.035
Single-Family Organic Waste Generator fails to source
separate waste materials into appropriate containers in accordance with City or Permitted Waste Collector’s collection system.
Commercial Business Requirement:
Sections 8.12.085
Commercial Business that does not self-haul, fails to provide or arrange for Organic Waste collection service through the City or a Permitted Waste Collector.
Redline Version
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Commercial Business Requirement:
Sections 8.12.085
Commercial Business fails to supply and allow access to adequate number, size, and location of containers and sufficient signage, labelling, and container color.
Commercial Business Requirement:
Section 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.
Permitted Collector Requirement:
Section 8.12.175
A Permitted Waste Collector providing residential, commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this Chapter.
Permitted Collector Requirement:
Section 8.12.175
A Permitted Waste Collector providing residential,
commercial, or industrial Organic Waste collection service fails to obtain approval issued by City to haul Organic Waste as prescribed by this Chapter.
Permitted Collector Requirement:
Section 8.12.175
A Permitted Waste Collector fails to keep a record of the applicable documentation of its approval by City to collect Organic Waste, as prescribed by this Chapter.
Organic Waste Facility Operator
Requirement: Section 8.12.175
An entity fails to respond within 60 days to City’s request for information necessary for organics Recovery capacity
planning. Such information may include available, potential new or expanded capacity at entity’s facility, including information about throughput and permitted capacity.
Self-Hauler Requirement:
Section 8.12.090
A Self-Hauler fails to comply with the requirements of this Chapter, such as failing to source separate Organic Waste or failing to deliver such waste to a facility that will recover it.
Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2022.
Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2024.
Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.
Redline Version
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Commercial Business, Commercial
Edible Food Generator, Food
Recovery Organization or Food
Recovery Service
Sections 8.12.232 and 8.12.234
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping Requirements for
Commercial Edible Food Generator
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.
Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 8.12.234
A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by 8.12.234.
(Ord. 912 §1, 2022, Ord. 920 §1, 2023)
8.12.260 Violation - Penalty
A. Administrative Citation Penalty Amounts
The penalty levels amounts for administrative citations issued for violations of this Chapter are as follows:
1. First penalty amount shall be $50 100 per violation.
2. Second penalty amount shall be $100 200 per violation.
3. Third or subsequent penalty amount shall be $250 500 per violation.
B. Administrative pPenalties assessed may be added to the utility bills and collected in the same manner as any unpaid garbage service charges as specified in Section 8.12.220, including discontinuance of service.
C. Any person violating any of the provisions of this Chapter shall be deemed guilty ofconvicted of a misdemeanor violation of this Chapter and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, as provided in Chapter 1.08 of this Code. (Ord. 570 §1, 1997, Ord. 912 §1, 2022, Ord. 920 §1, 2023) Redline Version
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259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/11/2026
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 2026/2027 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. 938
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, 2026, 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, 2026, 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 2026/2027 appropriation limit of the City of Ripon is hereby determined to be the sum of TWENTY-SIX
MILLION, SIXTY-THREE THOUSAND, SEVENTY-SEVEN DOLLARS AND NO CENTS ($26,063,077.00) and the 2026/2027 appropriation subject to appropriation limitations is the sum of NINE MILLION, NINE HUNDRED EIGHTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY-ONE DOLLARS AND NO CENTS ($9,988,821.00).
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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 become effective thirty days from and after its final passage and adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of August, 2026, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Dean Uecker, Vice Mayor
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
GARY BARTON, 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: Ken Zuidervaart, Planning Director
Date: 08/11/2026
Subject: Westside General Plan and Development Title Amendment RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Professional Services Agreement with Mintier Harnish to prepare the Westside Area Plan (General Plan and Development Title Amendments) in the amount of $558,290 (funding source: Department General Capital Fund).
BACKGROUND:
The City is undertaking a comprehensive planning effort for approximately 1,800 acres of undeveloped land mostly located outside the current Ripon city limits. The planning area is generally bounded by Jack Tone Road to the east, the City’s existing Sphere of Influence to the west (approximately midway between Olive Avenue and Frederick Avenue), and area just north of Graves Road to the north, and approximately midway between State Route 99 and West Ripon Road to the south.
This planning effort represents one of the most significant long-range planning initiatives undertaken by the City in recent years. The west side planning area provides Ripon with its greatest opportunity to accommodate future growth and economic development opportunities.
The planning effort will establish the land use and infrastructure framework needed to support future development, attract private investment, expand the City’s tax base, and guide future annexations.
City staff sought a consultant with exceptional long-range planning experience, demonstrated implementation success, and strong project management capabilities to provide professional assistance to guide the City through this important planning process.
REQUEST FOR PROPOSALS:
The City solicited proposals from qualified planning firms. Responsive proposals were received from Mintier Harnish, De Novo Planning Group, and 4LEAF, Inc. Each proposal included a
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multidisciplinary consultant team capable of preparing the planning, environmental, transportation, fiscal, and LAFCo components of the project. Below is summary of the cost of the proposals received:
Mintier Harnish: $558,290
De Novo Planning Group: $492,090
4LEAF, Inc: $647,319
Staff evaluated the proposals based on project understanding, relevant experience, qualifications of the project team, project management approach, implementation strategy, public engagement, schedule, and overall value to the City. Cost was considered as one evaluation criterion but was not the sole determining factor.
DISCUSSION:
All three firms submitted quality proposals and demonstrated the capability to complete the assignment. After reviewing each proposal in detail, staff concluded that Mintier Harnish offers the strongest combination of General Plan expertise, Development Code experience, San Joaquin Valley familiarity, implementation-focused planning, and project management.
Although De Novo submitted the lowest-cost proposal, staff determined that Mintier Harnish's additional qualifications, extensive California experience, and structured project approach justify the additional cost of $66,200, representing approximately 13.5 percent above the lowest responsive proposal. The proposal remains within the City's adopted budget, and staff believes it provides the greatest long-term value and lowest implementation risk.
CONSULTANT EVALUATION MATRIX
Evaluation
Criteria
Weight Mintier
Harnish
De Novo 4LEAF
Project
Understanding
20 20 19 19
Relevant
General
Plan/Code
Experience
25 23 23 21
Project Team 15 15 14 13
Project
Management
15 14 13 14
Implementation
Strategy
10 10 9 9
Overall
Value/Cost
15 14 13 12
TOTAL 100 97 91 88
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NARRATIVE EVALUATION OF CONSULTANT PROPOSALS
1. Mintier Harnish (Ranked #1)
Staff determined that Mintier Harnish submitted the strongest overall proposal. The firm's extensive California General Plan, Development Code, and implementation experience, combined with a highly qualified multidisciplinary team, provided the highest level of confidence that the project objectives can be achieved. The proposal emphasized early policy direction, proactive communication, public outreach, implementation, and long-term project management. Staff also valued the firm's familiarity with San Joaquin Valley planning issues and LAFCo coordination. While not the lowest-cost proposal, staff concluded that the additional investment is justified because it reduces project risk and provides the greatest overall value.
2. De Novo Planning Group (Ranked #2)
De Novo submitted a comprehensive proposal with an excellent understanding of the project and particularly strong environmental planning capabilities. The proposal was competitively priced and demonstrated a logical work program. Staff believes De Novo would successfully complete the assignment; however, when compared side-by-side, Mintier Harnish demonstrated greater depth of long-range General Plan implementation experience and a stronger overall project management framework for a project of this scale.
3. 4LEAF, Inc. (Ranked #3)
4LEAF assembled a qualified team with experienced planning professionals and respected technical subconsultants. The proposal demonstrated a solid understanding of the City's objectives and included capable transportation, environmental, and fiscal specialists. Staff ranked the proposal third because its long-range planning experience and implementation strategy were not as comprehensive as the two higher-ranked firms.
Overall Staff Assessment
The evaluation process demonstrated that each consultant possessed the technical qualifications to perform the work. The ranking reflects relative strengths rather than deficiencies. Staff's recommendation is based on the overall value provided to the City, considering qualifications, experience, project management, implementation, and cost. Because this planning effort will guide Ripon's future growth for many years, staff believes selecting the most qualified team provides the greatest long-term benefit to the community.
Based on qualifications, project understanding, implementation strategy, project management approach, and overall value, staff recommends awarding the contract to Mintier Harnish.
FISCAL IMPACT:
The recommended proposal cost of $558,290 is within the City's project budget. Funds in the amount of $560,000 have been transferred to the General Fund Department Capital Fund to finance preparation of the West Side Master Plan.
Attachments:
1. 2026-08-06 PSA_Mintier Harnish
2. Exhibit A - Scope of Services
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Professional Services Agreement - Page 1 of 8
Westside Area Plan
Mintier Harnish
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
MINTIER HARNISH
This Agreement for Professional Services (“Agreement”) is entered into on, August 11, 2026 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Mintier Harnish (“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.
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. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
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 Five Hundred Fifty-Eight Thousand, Two Hundred Ninety Dollars ($558,290) for all work described within the Budget 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.
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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.
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.
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).
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 two million dollars ($2,000,000) 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 five 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
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Mintier Harnish
policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.
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. Consultant shall provide City with at least 30 days’ written notice of any reduction or cancellation of any of the insurance coverages required by this Agreement.
3.5.3 Waiver of Subrogation. Consultant hereby grants to and 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. Consultant agrees that it shall be obligated to waive any right to subrogation which any insurer of such Consultant may acquire against City, regardless of whether City has received a waiver of subrogation endorsement from Consultant’s insurer.
3.5.4 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.
Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
4.1 Indemnity for Professional Liability: If Consultant’s (or its Subconsultants’) obligation to defend, protect, indemnify, and hold harmless arises out of Consultant’s (or Subconsultants’) performance of “design professional” (as that term is defined under CA Civil Code §2782.8) services, then to the fullest extent permitted by law, but subject to the limitations of Civil Code §2782.8, Consultant and/or its Subconsultant 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 “design professional” services under this agreement.
4.2 Indemnity for Other Than Design Professional Services: Other than in the performance of design professional services (as defined by CA Civil Code §2782.8) 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
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for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
4.3 Inclusion of CEQA and Land Use Proceedings. Without limiting subsections 4.1 and 4.2, 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) arising out of Consultant’s performance of this Agreement shall expressly include petitions and actions challenging the adequacy, objectivity, or legal sufficiency of any environmental document, general plan amendment, development title amendment, findings, statement of overriding considerations, mitigation monitoring and reporting program, notice, or LAFCo-related deliverable prepared in whole or in part by Consultant or any Subconsultant, to the extent such claims arise out of, pertain to, or relate to Consultant’s or any Subconsultant’s negligence, recklessness, or willful misconduct. Losses expressly include any CCP § 1021.5 fee award and the City’s record-preparation costs.
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.
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.
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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.
6.6 Campaign Contributions. This Agreement is subject to Government Code section 84308. Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Effective Date or such earlier data as that statute may require, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the current Campaign Contribution Disclosure Form on file with the City Clerk to City before, or concurrently with, Consultant’s execution of this Agreement and no later than the Effective Date.
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
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Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
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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:
Ryan Lester
Project Manager
Mintier Harnish
1415 20th Street
Sacramento, CA 95811
Any written notice to the City shall be sent to:
Mr. Ken Zuidervaart
Planning Director
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
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9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Gary Barton, Mayor Jim Harnish JD, Principal/Owner
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr., City Attorney
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4. Work Scope
This work scope outlines a series of logical phases and tasks, with information from each step creating the
foundation for the next step. Our approach allows City
staff, the Planning Commission, City Council, and the
public ample information to stay informed.
PHASE 1: INITIATION
During this phase, the Mintier Harnish Team will work
with City staff to lay the foundation for preparation
of the Westside General Plan and Development
Title Amendments and associated tasks, including
establishing communication protocols, identifying roles and responsibilities, and developing tools to be used
throughout the Project.
Task 1.1: Request for
Information (RFI)
The Mintier Harnish Team will provide a Request for
Information (RFI) to City staff in advance of the kick-off meeting. We will discuss the RFI at the kick-off meeting and identify the additional research, data collection, and growth and economic trends analysis tasks necessary.
Task 1.2: Kick-off Meeting
The Mintier Harnish Team and City staff will hold a
virtual kick-off meeting at the outset of the Project. This meeting will provide an opportunity to discuss ideas
and expectations for the project, confirm roles and
responsibilities, refine the work scope and schedule, and establish communication.
Task 1.3: Study Session
The Mintier Harnish Team will facilitate a Study Session with the City Council. This study session will provide a common understanding of the need for and purpose
of the Project and the key steps in the process. The
Mintier Harnish Team will also facilitate an open dialog to gain input on the Council’s vision for the future of the Westside.
Task 1.4: Public
Information Program
The Mintier Harnish Team will organize and implement
a public information program. The purpose of this
program is to inform the community about the Westside
Project and provide information relevant to the Project.
While we will finalize the public information program
with City staff, we include in our work scope and budget the following public information activities that we
recommend for the Westside Project:
Project Webpage. The Mintier Harnish Team will
develop, and maintain a project webpage on the City’s
website. Once the page is live, the Mintier Harnish Team will prepare press releases and email blasts and post
information and documents related to the Project.
Social Media. As part of the Project process, we will
provide content for social media posts that City staff can publish on the City of Ripon’s social media accounts as well as other social media.
Summary of Revisions
City staff requested the Mintier Harnish reduce its original budget to $500,000 for the GPA and $60,000 for the LAFCo work, for a total of $560,000. This scope reflects changes necessary to achieve that budget reduction.
We have made three changes to our original work scope to reflect that budget reduction. Those changes are summarized here:
• Task 1.2, Kick-off meeting is modified to be a virtual meeting and the Westside tour eliminated. • Eliminated Phase 2, Existing Conditions Research
• Reduced Project Management hours to reflect the reduced scope. 8 Exhibit A 3.A.b
Packet Pg. 198 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Email Blasts. Within the first month of the project, we will develop a template for email blasts that is consistent with the overall project brand. We will work with the
City to develop a project-specific email contact list and/ or use the City’s existing e-notifier to send regular email announcements.
Task 1.5: Stakeholder Interviews
The Mintier Harnish Team will conduct 20 one-on-one
and small-group interviews via Zoom with Westside
property owners and potential developers to solicit
input on ideas and expectations for the Westside. We will develop the list of interviewees in consultation with City staff.
Task 1.6: Assemble GIS Data
and Prepare Base Map
The Mintier Harnish Team will work with City staff to
obtain existing City and County GIS data and review City mapping protocol and requirements. The Mintier Harnish
Team will prepare base maps for reports and display
presentation, including establishing a uniform legend
and title block for use on all maps prepared.
The Mintier Harnish Team will develop all GIS data and
mapping prepared for the Project consistent with City
protocols and data formats to ensure easy integration
into the City’s information system. At the conclusion of the project, the Mintier Harnish Team will provide to the City all original data as well as project specific data layers modified or created by the Mintier Harnish Team as part of this project.
Phase 1 Deliverables:
• Request for Information (digital; Excel, pdf)
• Kick-off meeting agenda (digital; Word
• Kick-off meeting summary (digital; Word, pdf)
• Study Session materials (digital; pdf, PowerPoint)
• Public information program (digital; Word, pdf)
• GIS base maps (digital; GIS)
• Project webpage
• Stakeholder interview questions (digital; pdf)
• Stakeholder interviews summary (digital; Word, pdf)
PHASE 2: PREPARE THE WESTSIDE
GENERAL PLAN AMENDMENT
The Mintier Harnish Team will work closely with City
staff to prepare the Westside General Plan Amendment.
We will review and quantify the existing General Plan
Land Use Plan and Circulation diagrams for the Project
area, as well as the revised diagrams prepared by City
staff. We will review the General Plan and identify any goals, policies, and implementation programs, as well
as stakeholder input, that may provide guidance and
direction for Westside development. If appropriate,
we will prepare and evaluate land use options for City
staff consideration. Based on City staff direction, we
will prepare a preferred land use plan and backbone
circulation plan for the Westside, along with a detailed analysis of the proposed plan.
Task 2.1: Summarize the Existing
and Modified Westside Land Uses
The Mintier Harnish team will quantify the Westside land uses in the General Plan and the land uses as modified
by City staff using UrbanFootprint. This analytical tool will provide a detailed description of the characteristics and implications of the land uses of each Plan. The
UrbanFootprint analysis will provide a wide range of
information about the Plans, enabling City staff to
understand the implications of the proposed changes,
as well as to assist with considering additional land use changes. Data provided will include (but not be limited to):
• Housing units by type
• Population
• Commercial and industrial square footage
• Jobs
• VMT
• Transportation modes
• GHG emissions
• Energy use
• Water use
• Flood hazards
We will compare the data from the two versions and
provide a summary for City staff.
Mintier Harnish | Proposal for Services
9 3.A.b
Packet Pg. 199 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Task 2.2: Review and Refine
the Westside Land Uses
The Mintier Harnish team and City staff will meet to
discuss the results of the UrbanFootprint analysis.
Should City staff determine that additional adjustments be made to the Westside land uses, we will prepare
those revisions and analyze the revised plan using
UrbanFootprint. We will then compare the results of
that analysis with the previous analysis to confirm the changes are consistent with City staff expectations.
Task 2.3: Administrative Draft
Westside General Plan Amendment
The Mintier Harnish Team will prepare an Administrative Review Draft Westside General Plan Amendment based
on the land use changes identified in Task 3.2. Along
with a land use map, we will prepare a description of the changes from the land uses in the 2006 General Plan. We will review the circulation diagram for the Westside area and recommend revisions to the circulation diagram as
appropriate. We will also review the General Plan goals, policies, and programs to identify any inconsistencies
with the revised land uses and recommend additional
revisions if any inconsistencies are identified. We will submit the Administrative Draft Westside General Plan
Amendment to City staff for review.
Task 2.4: Public Review Draft
Westside General Plan Amendment
Following City staff review, the Mintier Harnish Team will revise the Administrative Draft Westside General Plan
Amendment and prepare a Public Review Draft Westside
General Plan Amendment for review by the Planning
Commission, and City Council.
Task 2.5: Draft Development
Title Amendments
The Mintier Harnish Team will conduct a review of
the Development Title and identify any text and map
amendments required to assure consistency with the
Draft Westside General Plan Amendment. Based on
our review, we will prepare necessary text and map
amendments for City staff review. Following City staff
review, we will prepare revised amendments for Planning Commission and City Council consideration.
Task 2.6: Planning Commission
Study Session: Public Review
Draft Westside General Plan and
Development Title Amendments
The Mintier Harnish Team and City staff will facilitate a study session with the Planning Commission to
review and confirm the Preliminary Public Review
Draft Westside General Plan and Development
Title Amendments. The Planning Commission will
recommend any revisionsor adjustments to the Westside
General Plan and Development Title Amendments to the
City Council.
Task 2.7: City Council Study
Session: Public Review Draft
Westside General Plan and
Development Title Amendments
The Mintier Harnish Team and City staff will facilitate a study session with the City Council to review and
confirm the Preliminary Public Review Westside General
Plan and Development Title Amendments. The Mintier
Harnish Team will summarize the Planning Commission
recommendations. The City Council will provide direction on revisions or adjustments to the Westside General Plan and Development Title Amendments prior to the Mintier
Harnish Team conducting the CEQA analysis.
Phase 3 Deliverables:
• UrbanFootprint analysis (digital; Excel, Word, pdf)
• Administrative Draft Westside General Plan
Amendment (digital; Word, pdf)
• Public Review Draft Westside General Plan
Amendment (digital; Word, pdf)
• Westside Development Title Amendments (digital;
Word, pdf)
PHASE 3: PREPARE THE
PROGRAM EIR
We recommend the preparation of a Program EIR
pursuant to CEQA Guidelines Section 15168. In this
case, the Program EIR serves a valuable purpose as
the first-tier environmental analysis that will assist in streamlining and possibly exempting future projects
10 3.A.b
Packet Pg. 200 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) from CEQA with the idea that the Westside General Plan
and Development Title Amendments’ Program EIR can be
used for such exemptions when projects are consistent
with the amended General Plan (State CEQA Guidelines
Section 15183).
Task 3.1: CEQA Kick-off Meeting
To begin the CEQA process, the Mintier Harnish Team
will facilitate a CEQA kick-off meeting with City staff.
This meeting will be to discuss CEQA approach, timeline, communication protocols, and any other required CEQA
process discussion items. The Mintier Harnish Team will prepare a meeting agenda and provide meeting minutes
after the kick-off meeting.
Task 3.2: Program EIR
Project Description
The Mintier Harnish Team will prepare a detailed project description for City review and approval. Consistent with Section 15124 of the State CEQA Guidelines, the project description will include:
• A description of the project location and
boundaries, including the regional location of the
City as well as a description of the boundaries of
the proposed General Plan and Development Title
Amendments
• A statement of project objectives
• A description of the technical, economic, and
environmental characteristics of the General Plan
and Development Title Amendments
• A description of the intended uses of the PEIR
The project description will be the basis for the Initial Study and PEIR analysis. Once completed, The Mintier
Harnish Team will provide the draft project description to the City for review and comment.
Task 3.3: Initial Study
The Mintier Harnish Team will prepare a draft Initial
Study (IS) using the Project Description and associated technical documents prepared as a part of the Project.
The IS will be used to reduce the scope of the PEIR by
screening out any topics that will not have a significant impact and do not require mitigation measures. The
IS will address the latest CEQA Appendix G Checklist,
including the following impact areas:
• Aesthetics
• Agriculture / Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology/Soils
• Greenhouse Gas Emissions
• Hazards & Hazardous Materials
• Hydrology/Water Quality
• Land Use / Planning
• Mineral Resources
• Noise
• Population / Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities / Service Systems
• Wildfire
The IS will provide written responses to each question
on the Environmental Checklist that describes and
qualitatively and/or quantitatively evaluate the project’s impact related to each topic. Based on the analysis in the IS, the PEIR will only evaluate topics that are potentially significant and require mitigation or would result in a significant and unavoidable impact.
Task 3.4: Notice of Preparation
The Mintier Harnish Team will prepare a draft Notice of Preparation (NOP) that identifies the potentially
significant effects of the project that will require further analysis in the PEIR. An electronic version of the draft NOP will be submitted to City Staff for review and
comment. Once reviewed, the Mintier Harnish Team
will finalize the NOP document, and prepare a final
electronic version for public review. The Mintier Harnish Team will distribute the NOP documents to the City’s
noticing list and interested parties. The Mintier Harnish Team will upload the document to the California State
Clearinghouse CEQANet website on behalf of the City
with its authorization.
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11 3.A.b
Packet Pg. 201 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Task 3.5: Scoping Meeting
The Mintier Harnish Team will assist City staff in
conducting a scoping meeting. The Mintier Harnish
Team will facilitate the scoping meeting, including
development of a scoping meeting presentation,
comment sheets, sign-in sheets, and speaker cards. The
Mintier Harnish Team will facilitate the scoping meeting, including the scoping meeting presentation, and
addressing questions from the community. The Mintier
Harnish Team will incorporate the scoping meeting
comments into the EIR document, as required by CEQA.
Task 3.6: Administrative
Draft Program PEIR
The Mintier Harnish Team will prepare the Administrative Draft PEIR in compliance with Appendix G of the
State CEQA Guidelines. For each impact area, we will
prepare a discussion of the environmental setting,
regulatory setting, thresholds of significance, impact
analysis, mitigation measures, and cumulative effects.
We will incorporate the findings of relevant portion
of the existing conditions report. The Administrative
Draft PEIR will include a programmatic level analysis
of the proposed General Plan and Development Title
Amendments. The analysis will focus on providing
opportunities for tiering for future projects that
are consistent with the amended General Plan. The
proposed mitigation measures will be developed for
application as conditions of approval for future projects to facilitate the streamlined clearance of future projects.
The Mintier Harnish Team will submit Microsoft Word
files of the Administrative Draft PEIR to City staff for review and comment. The Mintier Harnish Team assumes
that City staff will provide one compiled set of electronic comments on the Administrative Draft PEIR.
Task 3.7: Public Review
Draft Program EIR
Once the Mintier Harnish Team has received comments
on the Administrative Draft PEIR, we will arrange
a meeting with City staff to discuss any significant
comments on the Administrative Draft. The Mintier
Harnish Team will then revise the document in track
changes for review by City staff. The Mintier Harnish
Team will finalize the PEIR and submit a Public Review
Draft PEIR for approval to release for public review.
Task 3.8: Public Review Draft
Program EIR Noticing
Once the Public Review Draft PEIR is completed,
the Mintier Harnish Team will prepare the Notice of
Completion (NOC) and Notice of Availability (NOA) to
initiate the public review process. The Mintier Harnish Team will upload the NOC, NOA and Draft EIR to the
CEQANet online submission website. The Mintier Harnish
Team will also distribute the NOA to the City’s interested parties list. We assume that the notice will be distributed to no more than 50 interested parties, if the City requests additional noticing, The Mintier Harnish Team can
provide additional notices on a time and materials basis.
Task 3.9: Draft and Final
Response to Comments
Once the public review period is complete, the Mintier
Harnish Team will prepare the Response to Comments
section of the Final PEIR. The responses will address all environmental-based comments, pursuant to the State
CEQA Guidelines. An administrative draft version of the response to comments will be submitted to City Staff
for review. Since it is infeasible to estimate the number of comments on the Draft EIR, we have preliminarily
estimated 70 hours of staff time for the response to
comments.
Task 3.10: Errata
Any changes to the text of the PEIR will be summarized
in an errata section of the Final PEIR. The Mintier Harnish Team will identify the revisions to the Draft PEIR in
a strikeout/underline format. This task assumes that
there will be no changes to the technical studies, in the eventthat changes to the technical studies are required, we will coordinate those with the City.
Task 3.11: Mitigation Monitoring
and Reporting Program
The Mintier Harnish Team will prepare a Mitigation
Monitoring and Reporting Program (MMRP) for the
Project pursuant to Section 15097 of the State CEQA
Guidelines. We will submit an administrative version of 12 3.A.b
Packet Pg. 202 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) the MMRP to City Staff for review and comment. Once
reviewed, we will prepare a final MMRP document. Upon
City certification of the PEIR, we will incorporate the MMRP into the Final PEIR.
Task 3.12: Final Program EIR
The final Response to Comments section, Errata,
and Draft PEIR will be compiled to develop the Final
Program EIR. The Mintier Harnish Team will submit an
administrative draft of the Final PEIR to City staff for review. We will make the any final revisions and submit a Final Program EIR to City Staff for final approval. We will provide an electronic submittal of the Final EIR.
Task 3.13: Findings and Statement
of Overriding Considerations
The Mintier Harnish Team will prepare the Findings and
Statement of Overriding Considerations for the PEIR,
consistent with Sections 15091 and 15093 of the State
CEQA Guidelines. The findings will outline the analysis and determinations made in the PEIR, as well as an
explanation of the overriding considerations considered with the approval of the General Plan and Development
Title Amendments PEIR. We will use a City approved
template and assume one round of consolidated
comments from City staff.
Task 3.14: Notice of Determination
The Mintier Harnish Team will prepare a Notice of
Determination in accordance with Section 15094 of
the State CEQA Guidelines for the City to file with the San Joaquin County Clerk. We will file the Notice of
Determination with the County Clerk within 5 days
of adopting the PEIR to establish a 30-day statute of
limitations. We assume that the City will provide the
applicable California Department of Fish and Wildlife and County filing fee.
Phase 4 Deliverables:
• CEQA Kick-off meeting agenda and meeting
minutes (digital; Word, pdf)
• Draft and Final Project Description (digital; Word,
pdf)
• Draft and Final Initial Study (digital; Word, pdf)
• Draft and Final Notice of Preparation (digital; Word, pdf; 50 hard copies)
• Draft and final scoping meeting presentation
(digital; Word, pdf)
• Scoping meeting materials (sign-in sheet and
comment cards)
• Administrative Draft PEIR (digital; Word, pdf)
• Screencheck Draft PEIR (digital; Word, pdf)
• Public Review Draft PEIR (digital; Word, pdf)
• Notice of Completion and Notice of Availability
(digital; Word, pdf; 50 hardcopies)
• Five (5) printed hard copies of the Public Review
Draft PEIR (Appendices on CD/Flash Drive)
• Draft and Final Response to Comments (digital;
Word, pdf)
• Draft and Final Errata (digital; Word, pdf)
• Draft and Final MMRP (digital; Word, pdf)
• Screencheck Final PEIR (digital; Word, pdf)
• Five (5) printed hard copies of the Final PEIR
(Appendices on CD/Flash Drive)
• Draft and Final Findings and Statement of
Overriding Considerations (digital; Word, pdf)
• Notice of Determination (digital; Word, pdf)
• Two printed copies of the Notice of Determination,
filed with the County Clerk
PHASE 4: ADOPTION OF
THE WESTSIDE GENERAL
PLAN AND DEVELOPMENT
TITLE AMENDMENTS
Task 4.1: Planning
Commission Hearing
The Mintier Harnish Team and City staff will facilitate a public hearing with the Planning Commission to review
the Westside General Plan and Development Title
Amendments and Final PEIR. The Planning Commission
will consider the comments made during the public
hearing and make recommendations to the City Council.
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13 3.A.b
Packet Pg. 203 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Task 4.2: City Council
Adoption Hearing
The Mintier Harnish Team and City staff will facilitate a public hearing with the City Council to review
the Westside General Plan and Development Title
Amendments and Final PEIR. At the hearing, the
City Council will consider the Planning Commission
recommendations and the comments made at
the Planning Commission public hearing, direct
modifications of the amendments, if any, and certify
the Final PEIR and adopt the Westside General Plan and
Development Title Amendments.
Phase 5 Deliverables:
• Approved Westside General Plan and Development
Title Amendments (digital, Word, GIS, pdf)
• All milestone documents, data, and GIS files
(uploaded to file sharing site)
PHASE 5: LAFCO DOCUMENTATION
The Mintier Harnish Team will assist the City in preparing a Sphere of Influence Plan Update and MSR for local
services consistent with the requirements of State law
and the policies and procedures of the San Joaquin
LAFCo. We will also prepare an Annexation Plan.
Finally, we will prepare a fiscal analysis for the MSR and Annexation Plan.
Task 5.1: LAFCo Staff
Coordination Meeting
The Mintier Harnish Team will meet with City staff and
LAFCo staff at the outset of the project to provide and overview of the Westside General Plan Amendment,
review the existing SOI Plan/MSR, and discuss LAFCo
staff’s expectations for the updated SOI Plan/MSR/
Annexation Plan. The meeting will include discussing the desired style, format, and contents of the SOI Plan/ MSR/ Annexation Plan and San Joaquin LAFCo policies and
procedures.
Task 5.2: Technical Advisory
Committee Meeting
The Mintier Harnish Team will meet with representatives from City departments and other City service providers
to discuss the SOI Plan/MSR/Annexation Plan project
and process and review needed documents, data, and
information applicable to preparing the SOI Plan/MSR
update and Annexation Plan.
Task 5.3: Administrative Draft
SOI Plan/MSR/Annexation Plan
The Mintier Harnish Team will assist the City of Ripon
in updating its existing SOI Plan/MSR and preparing
the Annexation Plan to accommodate the Westside
General Plan and Development Title Amendments and
evaluate local services consistent with the requirements of State law and adopted San Joaquin LAFCo policies
and procedures. The Mintier Harnish Team will identify
needed revisions to the existing SOI Plan/MSR, as well
as information gaps and issue areas that may require
further data. The Mintier Harnish Team will prepare an
Administrative Review Draft SOI Plan/MSR/Annexation
Plan for City staff review. The SOI Plan/MSR /Annexation Plan will include the following:
Sphere of Influence Plan. The Mintier Harnish Team will update the existing SOI Plan pursuant to San Joaquin
LAFCo Policies and Procedures for an SOI, which defines a plan for the probable physical boundaries and service area of the city, and the AOI, which ensures the City
will be made aware of any land use decisions or other
governmental actions proposed in the area that come
before San Joaquin LAFCo. LAFCo must notify the City
when LAFCo receives a notice of a proposal within the
AOI from another agency.
The Mintier Harnish Team will evaluate lands that are
currently receiving services from the City and areas
that are projected to need City services (the Westside) consistent with the accompanying MSR. We will include
an evaluation of a sphere horizon 30 years in the future and an anticipated City boundary.
Municipal Services Review. State law requires the MSR
to set out six written determinations. The MSR will be
updated to address this requirement under the following topics consistent with State law:
14 3.A.b
Packet Pg. 204 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) • Growth and population projections for the affected
area
• Present and planned capacity of public facilities and adequacy of public services, including infrastructure
needs or deficiencies
• Fire protection and medical services
• Law enforcement
• Water supply, treatment, and delivery
• Wastewater collection and treatment
• Stormwater capture and conveyance
• Transportation
• Community services (parks, recreation, and libraries) • Other city services
• Financial ability of agencies to provide services
• Status of, and opportunities for, shared facilities
• Accountability for community service needs,
including governmental structure and operational
efficiencies
• Disadvantaged Unincorporated Communities
Annexation Plan. The Mintier Harnish Team will prepare
an Annexation Plan consistent with San Joaquin LAFCo
requirements. The plan will address both near-term
and long-term annexation plans. Beyond a map of the
annexation areas and legal description, based on the
updated MSR, we will include a plan for services. The
plan will provide details explaining how public facilities and services will be provided, including:
• Present/planned land uses, including agricultural/
open space.
• Present/probable needs for public services in the
area.
• Capacity of public facilities to serve the annexation area.
Fiscal Analysis. In order to make written determinations for the City’s financial ability to provide services
to existing and planned development, the Mintier
Harnish Team will prepare a fiscal analysis based on
existing development, projected growth, anticipated
revenues, infrastructure improvements, operations and
maintenance costs, and other service demands and
costs.
The focus of the fiscal analysis will be to demonstrate that the proposed Westside General Plan Amendment
and related annexations will generate sufficient revenue for the City to fund and provide the necessary public
services for the area. The Mintier Harnish Team will
estimate property tax revenues to the City based on
analysis of current and projected tax allocations, in
consultation with the County Auditor. In addition, we will estimate direct and indirect sales tax revenues from both new commercial uses planned in the Westside Area and
from household spending by new residents in the SOI
at existing retail centers in Ripon. The revenue analysis will include other tax and fee sources as appropriate,
including utility taxes, business licenses, fees and for service and franchise fees, among others.
The service cost analysis will address all services covered in the MSR, and will estimate the marginal cost of
extending services to the Westside area. In coordination with City staff, the Mintier Harnish Team will base the cost analysis on information obtained for the MSR in
terms of existing departmental service capacities and
additional staffing, equipment or facilities needed to
expand services into the SOI. We will work with City
Service Departments to estimate operating and capital
costs associated with the required service expansions.
Based on the municipal revenue and cost factors
established for the overall General Plan Amendment
area, the Mintier Harnish Team will also prepare a fiscal impact analysis for the smaller sub-area that would be
included in the initial annexation application.
The analysis will qualitatively address funding for capital costs needed to serve the SOI. The Mintier Harnish Team will review City policies and programs for infrastructure funding, and estimate the funding capacity of impact
fees and land based debt financing, if appropriate, to
finance the public infrastructure and facilities projected for the SOI.
The fiscal analysis will clearly identify the funding sources projected to be available to fund each component of
the services and facilities program, and recommend
additional funding approaches, if necessary, to mitigate any adverse fiscal impacts.
Mintier Harnish | Proposal for Services
15 3.A.b
Packet Pg. 205 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Task 5.4: City Staff Review
We will meet with City staff to review the Administrative Draft SOI Plan/MSR/Annexation Plan and address any
outstanding comments or issues related to the analysis.
Based on City staff comments, the Mintier Harnish
Team will prepare a Screencheck Draft SOI Plan/MSR/
Annexation Plan for City staff review and confirmation.
Task 5.5: LAFCo Staff Review Draft
SOI Plan/MSR/Annexation Plan
Based on direction from City staff, the Mintier Harnish Team will revise the SOI Plan/MSR/Annexation Plan for
LAFCo staff review. The Mintier Harnish Team will meet
with City staff and LAFCo staff as necessary to address comments and prepare the revised SOI Plan/MSR/
Annexation Plan. Following review by LAFCo staff, the
Mintier Harnish Team will prepare a Public Review SOI
Plan/MSR/Annexation Plan for City staff and LAFCo staff to review and confirmation.
Task 5.6: Public Review Draft
SOI Plan/MSR/Annexation Plan
Following review by City and LAFCo staff, the Mintier
Harnish Team will prepare a Public Review Draft SOI
Plan/MSR/Annexation Plan for Planning Commission
and City Council review and acceptance. The Mintier
Harnish Team will attend two public hearings: one
with the Planning Commission and one with the City
Council hearings, to present the Public Review Draft SOI Plan/MSR/Annexation Plan and gather feedback from
decision-makers.
Task 5.7: Revised Public Review
Draft SOI Plan/MSR/Annexation Plan
Following City Council acceptance of the Drafts, the
Mintier Harnish Team will make necessary revisions to
the Interim Draft SOI/MSR/Annexation Plan and prepare
revised public review draft documents for submission to San Joaquin LAFCo. The Mintier Harnish Team will work
with City staff and San Joaquin LAFCo staff to publish the Revised Public Review Draft SOI Plan/MSR/Annexation
Plan. State law requires a minimum of 21-day public
review prior to attending the first LAFCo informational meeting on the SOI Plan/MSR/Annexation Plan.
Task 5.8: LAFCo Workshop
and Hearing
Following public review of the documents, the Mintier
Harnish Team will attend two (2) public meetings
with San Joaquin LAFCo (e.g., one Workshop and one
Hearing) to present the Public Review Draft and Final SOI Plan/MSR/Annexation Plan.
Task 5.9: Prepare Final Documents
Following LAFCo adoption of the Sphere Plan/MSR, the
Mintier Harnish Team will work with City staff and San
Joaquin LAFCo staff to prepare a Final Sphere Plan/MSR.
Phase 6 Deliverables:
• Administrative Draft SOI Plan/MSR/Annexation Plan
• (digital; Word, pdf)
• Fiscal Analysis (digital; Word, pdf)
• Screencheck Draft SOI Plan/MSR/Annexation Plan
(digital; Word, pdf)
• LAFCo Staff Review Draft SOI Plan/MSR/Annexation
Plan (digital; Word, pdf)
• Public Review Draft SOI Plan/MSR/Annexation Plan
(digital; Word, pdf)
• Final SOI Plan/MSR/Annexation Plan (digital; Word,
pdf)
• Final SOI Plan/MSR/Annexation Plan (digital; Word,
pdf)
16 3.A.b
Packet Pg. 206 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment)
5. Schedule
We have prepared a tentative schedule for City review and discussion. If selected for the Project, we will refine this overall schedule to provide a timeline for each task and prepare a detailed six month schedule that shows milestones by week.
Phase 1 Initiation 2 months
Phase 2 Prepare Westside GPA 4 months
Phase 3 Prepare Program EIR 7 months (1-2 months overlapping with Phase 3) Phase 4 Adoption 1 month
Phase 5 LAFCO Documentation 5 months (3 months overlapping with Phase 4 and Phase 5) Total time: 16 months
Mintier Harnish | Proposal for Services
17 3.A.b
Packet Pg. 207 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Phases,
Tasks Description
HARNISH Project AdvisorB. GIBBONS Project DirectorLESTERProject ManagerZANCHETTA, WOOSLEYPlannerSupport/AdministrativeSubtotal HoursSubtotal Costs Phase 1 Initiation
Task 1.1 Request for Information (RFI) 2 2 6 10 $2,320
Task 1.2 Kick-off Meeting and Westside Tour 10 10 12 4 36 $9,640 Task 1.3 Study Session 8 10 4 22 $5,460
Task 1.4 Public Information Program 4 8 12 24 $5,600
Task 1.5 Stakeholder Interviews 4 20 24 48 $11,060
Task 1.6 Assemble GIS Data and Prepare Base Map 2 8 10 20 $4,620 Subtotal 10 30 60 60 0 160 $38,700
0 $0
0 $0
Subtotal 0 0 0 0 0 0 $0
Phase 2 Prepare the Westside General Plan Amendment
Task 2.1 Summarize the Existing and Modified Westside Land Uses 2 4 12 40 58 $13,210 Task 2.2 Review and Refine the Westside Land Uses 2 8 12 24 46 $10,870 Task 2.3 Administrative Draft Westside General Plan Amendment 2 4 12 32 50 $11,490 Task 2.4 Public Review Draft Westside General Plan Amendment 2 4 16 22 $4,950 Task 2.5 Draft Development Title Amendments 2 4 12 24 42 $9,770 Task 2.6 Planning Commission Study Session: Public Review Draft Westside General Plan and Development Title Amendments 8 12 20 $5,080 Task 2.7 City Council Study Session: Public Review Draft Westside General Plan and Development Title Amendments 8 12 20 $5,080 Subtotal 8 38 76 136 0 258 $60,450
Phase 3 Prepare Program EIR
Task 3.1 CEQA Kick-off Meeting 2 2 $480
Task 3.2 Program EIR Project Description 2 4 6 $1,590
Task 3.3 Initial Study 2 4 6 $1,590
Task 3.4 Notice of Preparation 2 2 $480
Task 3.5 Scoping Meeting 0 $0
Task 3.6 Administrative Draft Program PEIR 40 8 48 $14,520 Task 3.7 Public Review Draft Program EIR 4 4 8 $2,220
Task 3.8 Public Review Draft Program EIR Noticing 0 $0
Task 3.9 Draft and Final Response to Comments 8 8 16 $4,440 Task 3.10 Errata 0 $0
Task 3.11 Mitigation Monitoring and Reporting Program 0 $0 Task 3.12 Final Program EIR 2 2 $630
Task 3.13 Findings and Statement of Overriding Considerations 0 $0 Task 3.14 Notice of Determination 0 $0
Subtotal 58 0 32 0 0 90 $25,950
Phase 4 Adoption of the Westside General Plan and Development Title Amendments Task 4.1 Planning Commission Public Hearing 8 10 18 $4,600 Task 4.2 City Council Adoption Hearing 8 10 18 $4,600
Subtotal 0 16 20 0 0 36 $9,200
Phase 5 LAFCo Documentation
Task 5.1 LAFCo Staff Coordination Meeting 6 8 14 $3,570 Task 5.2 Technical Advisory Committee Meeting 6 8 14 $3,570 Task 5.3 Administrative Draft SOI Plan/MSR/Annexation Plan 4 8 24 80 116 $26,420 Task 5.4 City Staff Review 2 8 12 22 $5,050
Task 5.5 LAFCo Staff Review Draft SOI Plan/MSR/Annexation Plan 6 8 4 18 $4,430 Task 5.6 Public Review Draft SOI Plan/MSR/Annexation Plan 8 12 20 40 $9,380 Task 5.7 Revised Public Review Draft SOI Plan/MSR/Annexation Plan 4 8 10 22 $5,170 Task 5.8 LAFCo Workshop and Hearing 16 20 16 52 $12,640 Task 5.9 Prepare Final Documents 4 8 16 28 $6,460
Subtotal 4 60 104 158 0 326 $76,690
PM Project Management
Project Management 20 40 60 80 200 $44,500
Subtotal 20 40 60 0 80 200 $44,500
TOTAL
Total Hours 100 184 352 354 80 1,070 -
2026 Billing Rates $315 $275 $240 $215 $160 - -
Labor Subtotals $31,500 $50,600 $84,480 $76,110 $12,800 - $255,490 Direct Expenses (e.g., printing, travel, translation services) $4,000 TOTAL COST $259,490
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.
MINTIER HARNISH
6. Budget
18 3.A.b
Packet Pg. 208 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Phases,
Tasks Description
Phase 1 Initiation
Task 1.1 Request for Information (RFI)
Task 1.2 Kick-off Meeting and Westside Tour
Task 1.3 Study Session
Task 1.4 Public Information Program
Task 1.5 Stakeholder Interviews
Task 1.6 Assemble GIS Data and Prepare Base Map
Subtotal
Subtotal
Phase 2 Prepare the Westside General Plan Amendment
Task 2.1 Summarize the Existing and Modified Westside Land Uses Task 2.2 Review and Refine the Westside Land Uses
Task 2.3 Administrative Draft Westside General Plan Amendment Task 2.4 Public Review Draft Westside General Plan Amendment Task 2.5 Draft Development Title Amendments
Task 2.6 Planning Commission Study Session: Public Review Draft Westside General Plan and Development Title Amendments Task 2.7 City Council Study Session: Public Review Draft Westside General Plan and Development Title Amendments Subtotal
Phase 3 Prepare Program EIR
Task 3.1 CEQA Kick-off Meeting
Task 3.2 Program EIR Project Description
Task 3.3 Initial Study
Task 3.4 Notice of Preparation
Task 3.5 Scoping Meeting
Task 3.6 Administrative Draft Program PEIR
Task 3.7 Public Review Draft Program EIR
Task 3.8 Public Review Draft Program EIR Noticing
Task 3.9 Draft and Final Response to Comments
Task 3.10 Errata
Task 3.11 Mitigation Monitoring and Reporting Program
Task 3.12 Final Program EIR
Task 3.13 Findings and Statement of Overriding Considerations Task 3.14 Notice of Determination
Subtotal
Phase 4 Adoption of the Westside General Plan and Development Title Amendments Task 4.1 Planning Commission Public Hearing
Task 4.2 City Council Adoption Hearing
Subtotal
Phase 5 LAFCo Documentation
Task 5.1 LAFCo Staff Coordination Meeting
Task 5.2 Technical Advisory Committee Meeting
Task 5.3 Administrative Draft SOI Plan/MSR/Annexation Plan Task 5.4 City Staff Review
Task 5.5 LAFCo Staff Review Draft SOI Plan/MSR/Annexation Plan Task 5.6 Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.7 Revised Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.8 LAFCo Workshop and Hearing
Task 5.9 Prepare Final Documents
Subtotal
PM Project Management
Project Management
Subtotal
TOTAL
Total Hours
2026 Billing Rates
Labor Subtotals
Direct Expenses (e.g., printing, travel, translation services)
TOTAL COST
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.
Principal in-ChargeSenior Project ManagerAir and Noise SpecialistSenior PlannerAssociate PlannerAssistant Planner/GISSubtotal HoursSubtotal Costs 0 $0
4 4 $1,040
0 $0
0 $0
0 $0
0 $0
0 4 0 0 0 04 $1,040
0 $0
0 $0
0 0 0 0 0 0 0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 0 0 0 0 0 0 $0
2 6 6 2 16 $3,540
2 4 18 16 40 $7,000
2 8 24 22 14 70 $12,160
2 2 10 12 26 $4,520
14 12 26 $5,440
8 40 60 100 140 60 408 $72,360
4 20 20 40 40 40 164 $29,080
2 2 14 20 38 $6,280
2 14 8 26 16 4 70 $13,560
2 8 16 26 $5,600
2 2 2 16 22 $3,600
2 4 12 24 42 $6,960
2 4 20 8 34 $6,320
1 4 4 9 $1,500
32 129 88 292 230 220 991 $177,920
12 12 $3,120
12 12 $3,120
0 24 0 0 0 0 24 $6,240
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 0 0 0 0 0 0 $0
0 $0
0 0 0 0 0 0 0 $0
32 157 88 292 230 220 1,019 -
$320 $260 $210 $180 $150 $130 - -
$10,240 $40,820 $18,480 $52,560 $34,500 $28,600 - $185,200 $10,000
$195,200
BKF ENGINEERING
Mintier Harnish | Proposal for Services
19 3.A.b
Packet Pg. 209 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Phases,
Tasks Description
Phase 1 Initiation
Task 1.1 Request for Information (RFI)
Task 1.2 Kick-off Meeting and Westside Tour
Task 1.3 Study Session
Task 1.4 Public Information Program
Task 1.5 Stakeholder Interviews
Task 1.6 Assemble GIS Data and Prepare Base Map
Subtotal
Subtotal
Phase 2 Prepare the Westside General Plan Amendment
Task 2.1 Summarize the Existing and Modified Westside Land Uses Task 2.2 Review and Refine the Westside Land Uses
Task 2.3 Administrative Draft Westside General Plan Amendment Task 2.4 Public Review Draft Westside General Plan Amendment Task 2.5 Draft Development Title Amendments
Task 2.6 Planning Commission Study Session: Public Review Draft Westside General Plan and Development Title Amendments Task 2.7 City Council Study Session: Public Review Draft Westside General Plan and Development Title Amendments Subtotal
Phase 3 Prepare Program EIR
Task 3.1 CEQA Kick-off Meeting
Task 3.2 Program EIR Project Description
Task 3.3 Initial Study
Task 3.4 Notice of Preparation
Task 3.5 Scoping Meeting
Task 3.6 Administrative Draft Program PEIR
Task 3.7 Public Review Draft Program EIR
Task 3.8 Public Review Draft Program EIR Noticing
Task 3.9 Draft and Final Response to Comments
Task 3.10 Errata
Task 3.11 Mitigation Monitoring and Reporting Program
Task 3.12 Final Program EIR
Task 3.13 Findings and Statement of Overriding Considerations Task 3.14 Notice of Determination
Subtotal
Phase 4 Adoption of the Westside General Plan and Development Title Amendments Task 4.1 Planning Commission Public Hearing
Task 4.2 City Council Adoption Hearing
Subtotal
Phase 5 LAFCo Documentation
Task 5.1 LAFCo Staff Coordination Meeting
Task 5.2 Technical Advisory Committee Meeting
Task 5.3 Administrative Draft SOI Plan/MSR/Annexation Plan Task 5.4 City Staff Review
Task 5.5 LAFCo Staff Review Draft SOI Plan/MSR/Annexation Plan Task 5.6 Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.7 Revised Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.8 LAFCo Workshop and Hearing
Task 5.9 Prepare Final Documents
Subtotal
PM Project Management
Project Management
Subtotal
TOTAL
Total Hours
2026 Billing Rates
Labor Subtotals
Direct Expenses (e.g., printing, travel, translation services)
TOTAL COST
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.
DAMKOWITCH Principal In ChargePILACHOWSKI Senior EngineerHAAG Senior Transportation PlannerVILLADO Engineer / Planner / AnalystAGUILAR Production / Admin / AccountingSUBTOTAL HOURSSUBTOTAL COSTS 2 2 $650
10 10 $3,250
0 $0
0 $0
0 $0
0 $0
12 0 0 0 0 12 $3,900
0 $0
0 $0
0 0 0 0 00 $0
0 $0
0 $0
4 8 8 40 60 $12,260
0 $0
0 $0
0 $0
0 $0
4 8 8 40 0 60 $12,260
0 $0
0 $0
0 $0
0 $0
0 $0
8 8 20 24 4 64 $14,060
4 8 8 4 24 $5,080
0 $0
4 8 12 $3,140
0 $0
0 $0
4 4 8 $2,220
0 $0
0 $0
20 8 40 32 8 108 $24,500
8 8 $2,600
8 8 $2,600
16 0 0 0 0 16 $5,200
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 0 0 0 00 $0
12 12 24 $5,520
12 0 0 0 12 24 $5,520
64 16 48 72 20 220 -
$325 $265 $230 $175 $135 - -
$20,800 $4,240 $11,040 $12,600 $2,700 - $51,380
$3,000
$54,380
DKS
20 3.A.b
Packet Pg. 210 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Phases,
Tasks Description
Phase 1 Initiation
Task 1.1 Request for Information (RFI)
Task 1.2 Kick-off Meeting and Westside Tour
Task 1.3 Study Session
Task 1.4 Public Information Program
Task 1.5 Stakeholder Interviews
Task 1.6 Assemble GIS Data and Prepare Base Map
Subtotal
Subtotal
Phase 2 Prepare the Westside General Plan Amendment
Task 2.1 Summarize the Existing and Modified Westside Land Uses Task 2.2 Review and Refine the Westside Land Uses
Task 2.3 Administrative Draft Westside General Plan Amendment Task 2.4 Public Review Draft Westside General Plan Amendment Task 2.5 Draft Development Title Amendments
Task 2.6 Planning Commission Study Session: Public Review Draft Westside General Plan and Development Title Amendments Task 2.7 City Council Study Session: Public Review Draft Westside General Plan and Development Title Amendments Subtotal
Phase 3 Prepare Program EIR
Task 3.1 CEQA Kick-off Meeting
Task 3.2 Program EIR Project Description
Task 3.3 Initial Study
Task 3.4 Notice of Preparation
Task 3.5 Scoping Meeting
Task 3.6 Administrative Draft Program PEIR
Task 3.7 Public Review Draft Program EIR
Task 3.8 Public Review Draft Program EIR Noticing
Task 3.9 Draft and Final Response to Comments
Task 3.10 Errata
Task 3.11 Mitigation Monitoring and Reporting Program
Task 3.12 Final Program EIR
Task 3.13 Findings and Statement of Overriding Considerations Task 3.14 Notice of Determination
Subtotal
Phase 4 Adoption of the Westside General Plan and Development Title Amendments Task 4.1 Planning Commission Public Hearing
Task 4.2 City Council Adoption Hearing
Subtotal
Phase 5 LAFCo Documentation
Task 5.1 LAFCo Staff Coordination Meeting
Task 5.2 Technical Advisory Committee Meeting
Task 5.3 Administrative Draft SOI Plan/MSR/Annexation Plan Task 5.4 City Staff Review
Task 5.5 LAFCo Staff Review Draft SOI Plan/MSR/Annexation Plan Task 5.6 Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.7 Revised Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.8 LAFCo Workshop and Hearing
Task 5.9 Prepare Final Documents
Subtotal
PM Project Management
Project Management
Subtotal
TOTAL
Total Hours
2026 Billing Rates
Labor Subtotals
Direct Expenses (e.g., printing, travel, translation services)
TOTAL COST
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.
DALE Principal Senior AssociateResearch AssociateSUBTOTAL HOURSSUBTOTAL COSTS 0 $0
4 4 $1,120
0 $0
0 $0
0 $0
12 12 24 $6,240
16 12 0 28 $7,360
0 0 $0
0 0 0 0 $0
0 $0
0 $0
24 60 84 $21,120
0 $0
0 $0
0 $0
0 $0
24 60 0 84 $21,120
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
0 0 0 0 $0
0 $0
0 $0
0 0 0 0 $0
0 $0
0 $0
16 32 24 72 $16,000
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
16 32 24 72 $16,000
8 8 $2,240
8 0 0 8 $2,240
64 104 24 192 -
$280 $240 $160 - -
$17,920 $24,960 $3,840 - $46,720
$2,500
$49,220
Natelson Dale
Mintier Harnish | Proposal for Services
21 3.A.b
Packet Pg. 211 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment) Phases,
Tasks Description
Phase 1 Initiation
Task 1.1 Request for Information (RFI)
Task 1.2 Kick-off Meeting and Westside Tour
Task 1.3 Study Session
Task 1.4 Public Information Program
Task 1.5 Stakeholder Interviews
Task 1.6 Assemble GIS Data and Prepare Base Map
Subtotal
Subtotal
Phase 2 Prepare the Westside General Plan Amendment
Task 2.1 Summarize the Existing and Modified Westside Land Uses Task 2.2 Review and Refine the Westside Land Uses
Task 2.3 Administrative Draft Westside General Plan Amendment Task 2.4 Public Review Draft Westside General Plan Amendment Task 2.5 Draft Development Title Amendments
Task 2.6 Planning Commission Study Session: Public Review Draft Westside General Plan and Development Title Amendments Task 2.7 City Council Study Session: Public Review Draft Westside General Plan and Development Title Amendments Subtotal
Phase 3 Prepare Program EIR
Task 3.1 CEQA Kick-off Meeting
Task 3.2 Program EIR Project Description
Task 3.3 Initial Study
Task 3.4 Notice of Preparation
Task 3.5 Scoping Meeting
Task 3.6 Administrative Draft Program PEIR
Task 3.7 Public Review Draft Program EIR
Task 3.8 Public Review Draft Program EIR Noticing
Task 3.9 Draft and Final Response to Comments
Task 3.10 Errata
Task 3.11 Mitigation Monitoring and Reporting Program
Task 3.12 Final Program EIR
Task 3.13 Findings and Statement of Overriding Considerations Task 3.14 Notice of Determination
Subtotal
Phase 4 Adoption of the Westside General Plan and Development Title Amendments Task 4.1 Planning Commission Public Hearing
Task 4.2 City Council Adoption Hearing
Subtotal
Phase 5 LAFCo Documentation
Task 5.1 LAFCo Staff Coordination Meeting
Task 5.2 Technical Advisory Committee Meeting
Task 5.3 Administrative Draft SOI Plan/MSR/Annexation Plan Task 5.4 City Staff Review
Task 5.5 LAFCo Staff Review Draft SOI Plan/MSR/Annexation Plan Task 5.6 Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.7 Revised Public Review Draft SOI Plan/MSR/Annexation Plan Task 5.8 LAFCo Workshop and Hearing
Task 5.9 Prepare Final Documents
Subtotal
PM Project Management
Project Management
Subtotal
TOTAL
Total Hours
2026 Billing Rates
Labor Subtotals
Direct Expenses (e.g., printing, travel, translation services)
TOTAL COST
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.
TOTAL COSTS
$2,970
$15,050
$5,460
$5,600
$11,060
$10,860
$51,000
$0
$0
$0
$13,210
$10,870
$44,870
$4,950
$9,770
$5,080
$5,080
$93,830
$4,020
$8,590
$13,750
$5,000
$5,440
$100,940
$36,380
$6,280
$21,140
$5,600
$3,600
$9,810
$6,320
$1,500
$228,370
$10,320
$10,320
$20,640
$3,570
$3,570
$42,420
$5,050
$4,430
$9,380
$5,170
$12,640
$6,460
$92,690
$52,260
$52,260
--
$538,790
$19,500
$558,290
22 3.A.b
Packet Pg. 212 Attachment: Exhibit A - Scope of Services (5174 : Westside General Plan and Development Title Amendment)