Minutes — Ripon City Council, September 8, 2026

Ripon City Council Minutes
TUESDAY, SEPTEMBER 08, 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, Michael Restuccia, Vice Mayor Dean Uecker, Mayor Gary Barton. Absent: Council Member Leo Zuber.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., City Clerk Lisa Roos, Alan Jeppson.

IN THE MATTER OF:

1. Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2027 Health and Welfare Renewals 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 Mark Van Dyke 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 Absent
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 Elizabeth Farnam, Mark Nicholson, Kelly Donohue, Mark Van Dyke, Kevin Terry, City Council Page 2 September 8, 2026
Tina Von Stade, Joel Ortiz, Cat Mendiola, Janet Robinson, Luz Guzman, Oscar Guzman, Lisa Weinstein, Dana Leamer, Tetyana Chavez, Athena Bartels, Melissa Bissell, Aneda Michelle, Adam Corkins, Alan Bartels, Theresa DeHart, Eric Terry.

PUBLIC DISCUSSION:

Emil Guillermo, Ripon Poet Laureate, said he had written a short poem about Ripon and proceeded to read it.

Guillermo encouraged residents to attend Wordstock at the Ripon Library on September 28, 2026 at 6:00 pm and September 30 at 4:00 pm.

Ron Niewald said he wanted to update the Council on the Sons of the American Revolution Liberty Tree Project and provide a park improvement application for the proposed tree and commemorative plaque. He said that he was working with the American Legion to secure a location and requested guidance regarding any City permit requirements and assistance with the concrete base for the plaque.

Niewald said that the plaque would include a QR code linking to a webpage with statements from the City, American Legion, and Sons of the American Revolution, as well as information about community events. He proposed potential dedication dates of October 12 or October 24 and stated that he was flexible on the timing to ensure the tree could be planted under favorable conditions. He thanked the Council and requested any additional information regarding the application and project requirements.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of August 11, 2026 and the Special City Council Meeting of August 19, 2026.

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

1. CITY COUNCIL - REGULAR MEETING - AUG 11, 2026 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - AUG 19, 2026 2:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Restuccia requested Item 1.2I be pulled from the Consent Calendar and expressed that he is a paid elected director for the Bank of Stockton.

Mayor Barton requested Item 1.4B be pulled from the Consent Calendar for discussion.

City Council Page 3 September 8, 2026
Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, de Graaf
ABSENT: Zuber

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, de Graaf
ABSENT: Zuber

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(August 2025 $430,635.04)
FY 2026-27 YTD: $1,040,042
FY 2025-26 YTD: $811,648
Highway Users Tax
(July 2025 $41,127.25)
FY 2027-27 YTD: $43,580
FY 2025-26 YTD: $41,127
SB1 Street & Road Tax
(August 2025 $40,318.20)
FY 2026-27 YTD: $77,826
FY 2025-26 YTD: $76,885
$713,115.75
$43,580.30
$40,629.09
TOTAL $797,325.14
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2026 $3,500.00
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – July 2026 $5,660.09
D. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – June 2026 $17,845.69
City Council Page 4 September 8, 2026

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA, JR.

General Matters
Police Department
$15,694.00
$9,503.50
TOTAL $25,197.50
B. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $442,950.00 C. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $268,696.88
D. PADILLA & ASSOCIATES, INC.

Disadvantaged Business Enterprise Reporting Services
Progress Payment – Invoice #23-111-05 $825.00
E. SIEGFRIED ENGINEERING, INC.

Civil Design for the N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #52589 $2,110.00
F. FEHR AND PEERS
Traffic Engineering for N. Ripon Rd./River Rd. Intersection Project Progress Payment – Invoice #197886 $811.20
G. KNIFE RIVER CONSTRUCTION
W. Ripon Road Overlay Project
Progress Payment – Invoice #3 $55,479.09
H. RIPON UNIFIED SCHOOL DISTRICT
Pool Heater Replacement
Invoice #341424 $33,525.02
I. ITEM I WAS MOVED TO ITEMS PULLED FROM CONSENT
J. PRICE PAIGE & COMPANY
Financial Audit Services
Progress Payment – Invoice #39453 $7,670.00
K. CALIFORNIA CAD SOLUTIONS, INC.

GIS Support and System Maintenance
Invoice #701963 $1,837.50
City Council Page 5 September 8, 2026

1.3. Resolutions
A. RESOLUTION NO. 26-32

A RESOLUTION OF THE OF THE

CITY COUNCIL OF THE CITY OF

RIPON APPROVING THE FORM OF

AND AUTHORIZING THE

EXECUTION OF A

MEMORANDUM OF

UNDERSTANDING AND

AUTHORIZING PARTICIPATION

IN THE SPECIAL DISTRICT RISK
MANAGEMENT AUTHORITY’S

HEALTH BENEFITS PROGRAM
This resolution approves the updated
Memorandum of Understanding (MOU)
with the Special District Risk
Management Authority (SDRMA) who
provides the Blue Shield health coverage
option for City employees. This MOU
better aligns with the pool participants,
the SDRMA provider of health and
employee benefit programs, and industry
norms and authorizes continued
participation in the SDRMA’s Health
Benefits Program.

1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
Environmental Management Solutions,
LLC
Approve and authorize the Mayor to
sign the Professional Services
Agreement with Environmental
Management Solutions, LLC to survey
the Wastewater Treatment Ponds for
sludge content and provide a report of
findings in the not to exceed amount of
$19,600 (funding source: Sewer
Enterprise Capital Fund).

B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. PROFESSIONAL SERVICES AGREEMENT
Westwood Professional Service, Inc Approve and authorize the Mayor to sign the Professional Services
Agreement with Westwood Professional
Services, Inc. to prepare the design
plans and specification associated with
the Phase 1 ACE Station project located
on Industrial Avenue in the not to
exceed amount of $125,000 (funding
source: REAP grant).

City Council Page 6 September 8, 2026
D. MEASURE K COOPERATIVE AGREEMENT (C-22-028 A2) SECOND

AMENDMENT
San Joaquin Council of Governments Approve and authorize the Mayor to sign the Second Amendment to Measure
K Renewal Cooperative Agreement No.

C-22-028 A2 with San Joaquin Council
of Governments, extending the
agreement term through June 30, 2027,
for the Measure K Renewal Smart
Growth Incentive Program grant
reimbursement awarded for the Ripon
Safe Routes to School Improvements
Project.

E. DRONE REPLACEMENT
DSLR Pros Intelligent Drone Solutions Approve and authorize the purchase of a Matrice 4T Urban Scout Package Drone
for Police Department use in the not to
exceed amount of $9,785.88 (funding
source: General Capital Fund).

ITEMS PULLED FROM CONSENT

1.2I : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $75,205.79
Council Member Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Restuccia left the meeting.

Motion to approve Item 1.2I Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [3 TO 0]
MOVER: Daniel de Graaf, Council Member
SECONDER: Dean Uecker, Vice Mayor
AYES: Barton, Uecker, de Graaf
ABSTAIN: Restuccia
ABSENT: Zuber
Restuccia returned to the meeting.

City Council Page 7 September 8, 2026

1.4B : PROFESSIONAL SERVICES AGREEMENT
Keesey Design - Design and Illustration Approve and authorize the Mayor to sign the Professional Services Agreement with
Keesey Design to prepare revised site
development and architectural concepts for
three detached single-family affordable
housing units at 122 N. Elm Avenue in the
not to exceed amount of $9,250 (funding
source: City's Affordable Housing Fund).

Planning Director Zuidervaart provided an update on the City's conceptual townhouse/triplex project near the Ripon Library. He said that after working with Keesey Design, the City encountered challenges with developing attached units for individual sale, including increased liability, engineering and design costs, and the need for permanent CC&Rs and an HOA. He said that staff is exploring a revised concept featuring detached units on individual lots that could potentially be sold as affordable housing.

Council Member de Graaf asked whether the revised detached units would maintain the architectural style of the previous concept. Zuidervaart said that the City intended to retain the Craftsman-style architecture while separating the units into individual lots. de Graaf asked about the required separation between units, and Zuidervaart said that the spacing would be determined through the site plan and applicable R4 zoning requirements. He noted that comparable subdivision developments currently have approximately eight feet between units.

Mayor Barton expressed support for continuing to explore the revised design but raised concerns about the cost to the City and the funding source. Zuidervaart said that previous design proposals for the attached units were significantly more expensive and that the revised concept was intended to reduce costs. He noted that any decision to proceed would return to the Council and that the current concept would involve affordable units with an anticipated subsidy, which the Council would need to consider.

Motion to approve and authorize the Mayor to sign the Professional Services Agreement with Keesey Design to prepare revised site development and architectural concepts for three detached single-family affordable housing units at 122 N. Elm Avenue in the not to exceed amount of $9,250.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Dean Uecker, Vice Mayor
AYES: Barton, Uecker, Restuccia, de Graaf
ABSENT: Zuber
**END OF CONSENT CALENDAR**
City Council Page 8 September 8, 2026

2. RESOLUTIONS
A. RESOLUTION NO. 26-33

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING A DISRUPTION OF

MEETINGS POLICY
This resolution adopts the City of Ripon’s
Disruption of Meetings Policy to comply
with applicable State laws.

City Clerk Roos said that Senate Bill 707, adopted in 2025, establishes new requirements for remote public access and participation in City Council meetings under the Brown Act. She explained that the City Council is the only Ripon legislative body subject to these requirements and that live streaming alone does not satisfy the law. To comply, the City will resume using Zoom, allowing members of the public to participate remotely by video or telephone while continuing to accept in-person and written public comments. She outlined the process for remote speakers to request to speak and receive the same opportunity and time allotment as in-person speakers.

Roos also presented a proposed policy addressing disruptions to telephone or internet services that affect remote participation, as well as procedures for disruptive conduct during meetings. She stated that adoption of the policy in open session is required by SB 707 and recommended that the Council adopt the resolution approving the policy to ensure compliance with state law.

Council Member Restuccia said he supported the proposed policy but expressed concern about requiring a one-hour recess when a service disruption, such as an internet provider outage, is beyond the City's control. Roos explained that the City would use the one-hour recess to attempt to restore service, after which the Council could decide whether to continue or adjourn the meeting.

Council Member de Graaf asked whether the provisions addressing service disruptions were required by law and clarified whether the policy applied to individual participants experiencing internet issues. Roos explained that the requirement applies to disruptions to the City's internet or telephone services.
de Graaf asked whether the City was required to use Zoom for remote participation. Roos said that the City may use any platform that allows the public to participate by telephone and access the live meeting, and that Zoom was selected as the preferred option at this time. de Graaf asked whether the City already had a paid Zoom account and whether the upcoming Microsoft 365 migration would make it more cost-effective to use Microsoft Teams instead.

Information Systems Technician Farnam explained that the Council Chambers are currently configured for Zoom, making it the quickest option for complying with the new legal requirements, but stated that the City could evaluate transitioning to Teams in the future. de Graaf said he had no objection to using Zoom in the interim but encouraged the City to avoid paying for duplicate services if Teams could meet the City's needs.

City Council Page 9 September 8, 2026
Motion to adopt Resolution 26-33 adopting the City of Ripon’s Disruption of Meetings Policy to comply with applicable State laws.

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

3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.

A. TENTATIVE SUBDIVISION MAP (S26-60)
Kaizen River
Commercial Condo Project
Should the City Council agree with the
Planning Commission and staff’s
recommendation, the following motion
would be appropriate:
“The City Council approves the
Tentative Subdivision Map (S26-60),
subject to the conditions of approval
contained in this staff report.”
Planning Director Zuidervaart presented the Kaizen River commercial condominium tentative subdivision map for the approximately 4.8-acre property at 507 and 707 Doak Boulevard. He stated that the site currently contains four industrial buildings and the proposal would divide the existing development into 22 commercial condominium units, with no new construction or increase in development intensity. The Planning Commission reviewed the project on July 20, 2026, and recommended approval, with no public opposition.

Zuidervaart explained that the conditions of approval, CC&Rs, and commercial HOA would establish requirements for ongoing maintenance and management of the shared areas and help prevent future ownership and maintenance issues. He stated that the project would continue to function as it does currently while providing individual ownership opportunities and greater oversight. He outlined the remaining approval process, including completion of required improvements and conditions, formation of the HOA, recordation of governing documents, and eventual City approval of the final map.

Council Member de Graaf asked whether dividing the property into 22 units would result in reassessment or affect property values and City finances. Zuidervaart stated that the project would likely increase property values and would not negatively impact City finances. He said that the project would provide small business owners an opportunity to own their commercial space without developing an entire site.

City Council Page 10 September 8, 2026

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

PUBLIC HEARING CLOSED
Council Member Restuccia said he thinks this is a great opportunity for small businesses.

Motion to approve the Tentative Subdivision Map (S26-60), subject to the conditions of approval contained in this staff report.

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

4. ORDINANCES
Second Reading and Adoption
A. 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 this is the second reading of the ordinance amending Chapter 8.12 of the Municipal Code related to the garbage collection and disposal. He said the amendments clarify and update the City's existing solid waste regulations and the current collection processes.

Pease said there are three main changes including provisions for providing service to rural residential areas. He said there is also an extension of our annual brush pickup period through January 14th, which was previously January 7th. Pease said the final section that was amended codifies our large item pickup program to match current practices.

Motion to waive the second reading and adopt 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: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Dean Uecker, Vice Mayor
AYES: Barton, Uecker, Restuccia, de Graaf
ABSENT: Zuber
City Council Page 11 September 8, 2026
Second Reading and Adoption
B. 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 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.

Police Chief Sauer said this is the second reading of Ordinance 939 and said he had a presentation.

Sauer said that the cat population at Stouffer Park has increased due to animal abandonment, lack of spaying and neutering, and residents leaving food for the cats. He outlined concerns related to public health, including potential disease and parasite transmission, exposure of park users to stray animals and animal waste, damage to public facilities and landscaping, and nuisance conditions caused by food, litter, odors, and waste. He also noted that the City's animal shelter has limited capacity, with four cages designated for feral cats that are frequently full.

Sauer reviewed the proposed Municipal Code amendments prohibiting the feeding of stray or abandoned cats in public areas, with enforcement consisting of a warning for the first offense, a $100 fine for the second offense, and a $200 fine for the third offense. He clarified that the prohibition would not preclude feeding associated with a Trap-Neuter-Return (TNR) program.

Sauer emphasized that the feeding restriction would be one component of a broader strategy that includes enforcing existing laws against animal abandonment, partnering with rescue organizations on population management, monitoring the Stouffer Park colony, educating residents about the illegality of abandonment and available alternatives, encouraging residents to report animal abandonment to the Police Department, and continuing enforcement.

Council Member Restuccia said he supported developing a humane TNR program for the existing community cat population and confirmed with Sauer that Animal Services was working with rescue organizations to establish such a program. He said that outside animal organizations he had consulted viewed the City's approach favorably and emphasized that the cats should be treated humanely.

Restuccia also stressed that addressing the existing cat population must be accompanied by stronger enforcement against animal abandonment. He suggested considering increased penalties for individuals who abandon animals, including potential fees to discourage the practice. He stated that the City's approach should address both managing the existing population through TNR and preventing additional animals from being abandoned.

Council Member de Graaf said he wished to echo Restuccia’s comments. He said that the discussion originated from concerns regarding the abandonment of dogs and cats in the City Council Page 12 September 8, 2026
community and emphasized that the intent of the Ordinance was not to harm animals. He acknowledged that feeding is often well-intentioned but said that food and containers are sometimes left in public parks, creating additional cleanup concerns, and that feeding in residential areas can result in cats entering neighboring properties. de Graaf said the Ordinance was one component of a broader approach to discourage animal abandonment and encourage responsible management of community animals while minimizing impacts on public facilities and neighboring properties. He also noted that media coverage had focused heavily on wildlife protection, particularly the riparian brush rabbit, and said the issue was broader than that single concern.

Mayor Barton outlined the process for public comment.

Athena Bartels said she has been involved in animal rescue and TNR since 2016, and is opposed to Ordinance 939 and said a feeding ban would not address the root of the community cat issue. She said that stopping food sources would not cause established cats to leave and could increase hunting of wildlife. She referenced successful TNR and managed colony programs, including the Waterbury Regional Animal Control TNR Project, and said responsible colony management includes sterilization, monitoring, controlled feeding, and removal of food after feeding.

Bartels also suggested addressing animal-resistant trash receptacles and litter from picnickers, noting that existing ordinances already address litter and waste. She questioned how fines collected under the Ordinance would be used and suggested directing funds toward spay/neuter and TNR programs. She said that local volunteers and rescues are already performing TNR, fostering, adoption, and shelter support, often at their own expense, and offered to work with Animal Control on a comprehensive TNR solution.

Adam Corkins said that he supported the City's goal of prohibiting intentional feeding of feral or unowned animals on public property but expressed concern that the Ordinance's broad reference to “any animal” could prohibit ordinary activities involving pets, service animals, working animals, and authorized events. He emphasized the need to avoid unintended conflicts with service-animal protections under the ADA.

Corkins also raised concerns regarding the Ordinance's penalty provisions, noting that violations could become separate offenses for each day and potentially escalate from infractions to misdemeanors. He recommended narrowing the prohibition to intentional feeding of stray, feral, unowned, or wild animals while expressly exempting owned pets, service and working animals, official animal care, authorized events, and authorized trapping or TNR activities. He said that he would provide the City Clerk with proposed language and referenced the process for substantive amendments under Government Code Section 36934.

Kevin Terry thanked the Council for allowing discussion and said that studies show feeding bans are ineffective and can cause cats to expand their hunting and scavenging areas, potentially increasing impacts on wildlife and garbage. He referenced research regarding the “vacuum effect,” stating that removing food sources or cats creates an opportunity for other cats to enter the area.

City Council Page 13 September 8, 2026
Terry recommended amending Ordinance 939 to address the breeding cycle through TNR, which he said has been shown to reduce free-roaming and shelter cat populations in other communities. He said that supporting TNR could reduce the burden on the City's animal shelter and save taxpayer and staff resources. He also noted that TNR is often funded by volunteers who may face criticism despite addressing abandoned and unowned animals.

Terry concluded that feeding bans can interfere with TNR efforts and urged the City to support TNR advocates rather than criminalize their activities. He said that an amendment supporting TNR could accomplish the City's goals under Ordinance 939.

Melissa Bissell said that she opposed Ordinance 939 and supported humane treatment of animals. She acknowledged the City's concern about protecting the riparian brush rabbit but said wildlife protection should not require community cats to suffer. She said that the cats did not choose to be abandoned or live outdoors and questioned whether residents should face citations for feeding hungry animals.

Bissell said that the Ordinance would not eliminate community cats, prevent abandonment or reproduction, and could cause cats to roam farther or hunt wildlife. She noted that consistent feeding locations are also important for trapping and sterilizing cats through TNR. She asked what would happen to cats already living in the community if feeding is prohibited and recommended addressing reproduction through spay/neuter and TNR, while separately enforcing laws against dumping and littering.

Bissell urged the Council to consider the example being set for children and said that the community could protect wildlife while treating community cats humanely. She requested that the Council vote against Ordinance 939.

Paul Paden said that he has lived in Ripon for 35 years and regularly bicycles along the river to Stouffer Park, where he has observed the community cats. He said that the original cats at Stouffer Park were trapped, neutered and returned and became friendly, but additional intact cats were later abandoned, resulting in more kittens. He said that after feeding stopped, he observed the cats watching squirrels and attempting to hunt for food.

Paden also noted that garbage and other debris left by people along the river trail creates a greater nuisance than the cats. He said that the City already has a potential solution through local Alley Cat volunteers who are willing to partner with the Police Chief on a TNR program.

Tina Von Stade asked the Council not to adopt Ordinance 939 as written. She acknowledged concerns regarding food, trash, rodents, and unsanitary feeding areas but said that banning feeding on public property would not resolve the community cat population and would hinder TNR efforts.

Von Stade explained that controlled feeding is an important part of TNR because it allows caregivers to monitor colonies, identify new or sick cats, and establish predictable schedules for trapping and sterilization. She said that without controlled feeding, cats would continue searching for food in garbage, businesses, neighborhoods, and private property, while becoming more difficult to trap.

City Council Page 14 September 8, 2026
Von Stade recommended regulating responsible feeding instead, including designated feeding times, removal of food after feeding, and maintaining clean feeding areas. She questioned the City's plan for cats after feeding is prohibited, including who would trap and sterilize them and how the Ordinance would reduce reproduction. She said that TNR volunteers are already contributing their own time and money to reduce the number of cats born outdoors and urged the City to work with them.

Von Stade requested that the Council reject or postpone Ordinance 939 or amend it to allow responsible, managed feeding associated with TNR while addressing legitimate nuisance concerns.

Manuela said that prohibiting feeding would not address the community cat population or the issue of abandoned animals. As a member of an animal rescue organization, she emphasized the importance of TNR and said responsible feeding helps maintain healthy, monitored colonies and supports trapping efforts. She suggested using designated feeding times, signage, and appropriate trash receptacles to address nuisance concerns.

Manuela said that local rescue volunteers spend significant personal time and money on spaying and neutering cats and should be supported rather than penalized. She also questioned whether the Ordinance was sufficiently developed, noting comments that additional details would be addressed later. She recommended that the City work directly with local animal rescues and TNR volunteers to develop a comprehensive solution.

Tatyana Chavez said that she has conducted TNR for approximately 14 months, and trapped 145 cats in her Modesto neighborhood. She said TNR helps address reproduction and disease concerns because cats are spayed or neutered and vaccinated before being returned. She referenced TNR efforts in Stockton and Stanislaus County and questioned how many cats the City of Ripon had trapped, neutered, and returned.

Chavez described the significant time and personal expense involved in TNR, including trapping, transporting, recovering, and returning cats, and said volunteers are sometimes harassed or blamed for the presence of community cats. She said that her colony is approximately 98% sterilized and no longer producing kittens, demonstrating the effectiveness of sustained TNR and monitoring.

Chavez recommended targeted spay/neuter programs and said TNR volunteers should be viewed as a community resource and provided support and protection. She expressed concern that Ordinance 939 would discourage volunteers from continuing their work due to fear of penalties and urged the Council not to adopt the Ordinance.

Regina said Ordinance 939 would not address the root of the community cat issue and that a City-supported TNR program should be established before the Ordinance is adopted. She said fear of fines could discourage volunteers from helping and emphasized that established feeding schedules were essential to successfully trapping cats for TNR.

Regina referenced her TNR experience with the cats at Stouffer Park and said the cats remained in the area, were no longer reproducing, and had become friendly. She recommended that the City coordinate with local animal organizations and veterinary providers to expand TNR and include vaccinations and parasite treatments. She also City Council Page 15 September 8, 2026
emphasized that TNR cats should be returned to their original territory and noted the potential for a “vacuum effect” if cats are removed.

Diana said she proposes a community cat management and TNR initiative focused on establishing certified community cat caregivers, dedicated funding for TNR, and assistance for local pet owners. She recommended requiring caregivers to complete TNR training and monitor colony health, maintain clean feeding areas, and track population data.

Diana proposed allocating funds for TNR training, humane traps, and veterinary costs for spaying, neutering, and vaccinating community cats. She also recommended subsidizing spay/neuter services for privately owned cats, particularly for low-income residents, to reduce reproduction and potential abandonment. She said that the initiative would help stabilize the cat population, reduce nuisances, and improve community and animal welfare.

Angela suggested that the City's surveillance cameras and license plate readers could be used to identify individuals who abandon animals. She recommended increased signage warning against animal dumping and stronger enforcement, stating that penalties may not deter those responsible.

Angela said that she previously believed cats would leave if they were not fed but now understands that they will instead hunt or starve. She thanked the Council for holding the discussion and expressed concern that the issue has divided the community. She said that the City should have addressed the problem sooner and encouraged officials to work with the residents and volunteers willing to help develop a solution, including alternatives to the feeding ban.

City Clerk Roos said the thirty-minute public comment period had concluded, but she had several public comments that had been received online and she would give them to the Council.

Restuccia thanked everyone for coming out and said he learned a lot of new things he did not know previously.
de Graaf said the language in the Ordinance may not be worded perfectly, but the intent is for the feeding to be done as part of a program, working with the Police. He reiterated that the Ordinance as worded does not stop the City from working with organizations to conduct TNR or other programs to feed the cats. It is aimed at people who are irresponsibly dumping food in the parks and public places where it is a nuisance.

Vice Mayor Uecker said that after listening to the comments, he believes there are changes to be made and he is willing to relook at the Ordinance.

Restuccia said he also believes there are several changes to be made and he is not ready to vote on the Ordinance at this time.

City Attorney Terpstra outlined the process for making changes and bringing the Ordinance back for approval.

City Council Page 16 September 8, 2026
Barton said he understands the sentiment of the commenters, appreciated people coming to the meeting, and said this is how good government works.

Barton said that the Ordinance would be brought back in a revised form and encouraged TNR organizations to coordinate with City staff to establish an organized program and schedule. He acknowledged concerns regarding sanitation and said that a revised Ordinance should balance those concerns with community values and the well-being of residents. He thanked the public for their comments and proposed tabling the Ordinance for 30 days.

Motion to have staff bring back a revision to Ordinance 939 amending 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 at a subsequent meeting.

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

REPORTS
Department Heads:

Planning Director Zuidervaart there will be a Planning Commission meeting in September.

Ripon Grace Church wants to resurface the back parking lot into a sports court that will double as a parking lot when not in use.

Public Works Director Pease reported that August water usage was down 13% compared to 2013 figures, and were within 1% of last year’s number.

Pease said that the large item pickup program is still going, and residents can sign up for a onetime pickup of up to four items through the end of the month.

City Council:

Council Member de Graaf thanked residents who attended the meeting and participated in public comment. He stated that good governance depends on communication between the City and its residents and acknowledged that addressing the Council from the podium can be uncomfortable.

He thanked residents for sharing their views and expressed hope that the dialogue would support partnership and informed decision-making.

Council Member Restuccia said that he has a stray cat that is vaccinated and doing well.

Vice Mayor Uecker complimented attendees on their cat-ear headbands and thanked them for their participation.

City Council Page 17 September 8, 2026
Mayor Barton said he wanted to recognize the upcoming 25th anniversary of the September 11 attacks and reflected on the extraordinary heroism demonstrated during the tragedy, particularly the actions of those who attempted to prevent the hijacked plane from reaching its intended destination. He encouraged residents to pause and remember those who lost their lives and the lasting impact of the events. He concluded by expressing pride in being an American and a Riponite and appreciation for the community.

There being no further business, the meeting was adjourned at 7:48 PM. (Signed) Gary Barton
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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:

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 1 Packet Pg. 19
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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
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Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 21
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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.
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Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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).
1 Packet Pg. 23
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 24
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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

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 1 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 26
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 27
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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
1 Packet Pg. 28
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 29
Minutes Acceptance: Minutes of Aug 11, 2026 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
WEDNESDAY, AUGUST 19, 2026

SPECIAL MEETING
2:00 PM
The Special Meeting was called to order by Mayor Gary Barton at 2:00 PM.

ROLL CALL:

City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Associate Civil Engineer Spencer Schroen, Lieutenant Jared Heuvel, Administrative Supervisor Christina Caro, Information Systems Technician Elizabeth Farnam, Information Systems Technician Trevor Quevedo.

PUBLIC DISCUSSION:

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

1. CLOSED SESSION
The closed session meeting was called to order at 2:00 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, Associate Civil Engineer Spencer Schroen.

IN THE MATTER OF:

1. Conference with Legal Counsel—Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9 – 1 case.

Return to open session.
2 Packet Pg. 30
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City Attorney Terpstra said Council met in closed session and no reportable action was taken.

2. TOPICS OF DISCUSSION
A. ASPEN SURVEY COMPANY, INC.

General Land Surveying Services
Progress Payment – Invoice #26-020-1
Progress Payment – Invoice #25-041-1
$805.00
$2,063.75
TOTAL $2,868.75
Approve the invoices for Aspen
Survey Company, Inc.

City Administrator Werner explained that one invoice was for Aspen Survey’s research of the public right-of-way at the intersection of Jack Tone Road and West Main Street.

He said staff is exploring relocating the traffic signal further from the corner after it has been struck several times, and additional right-of-way was identified that could accommodate the relocation.

Werner said the second invoice, totaling $2,063.75, was related to work on a parcel map needed to bring PG&E gas service to the CNG station on Doak Boulevard.

Motion to approve the invoices for Aspen Survey Company, Inc.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
B. COMMUNITY CENTER PARKING LOT EXPANSION
Dirt Dynasty, Inc Award the contract for the Community
Center Parking Lot Expansion Project to
Dirt Dynasty, Inc in the amount of
$2,586,477; authorize the Mayor to
execute the construction contract and
related documents on behalf of the City;
and authorize the transfer of $400,000
from the General Department Capital Fund
to the Parks & Recreation Capital Fund to
provide sufficient funding for the project,
including the recommended 10 percent
construction contingency (funding source:

Parks & Recreation Capital Fund).
2 Packet Pg. 31
Minutes Acceptance: Minutes of Aug 19, 2026 2:00 PM (Approval of Minutes) City Council Page 3 August 19, 2026
Associate Civil Engineer Schroen explained that the Community Center parking lot expansion project was previously bid in July, but the single bid received was significantly higher than the engineer’s estimate and was rejected by the City Council. He said staff revised the bidding strategy and divided the project into a base bid and an alternate. He said the base bid includes relocation of Baseball Field No. 2, reconstruction of the existing western parking lot with concrete pavers, and baseball field improvements and the alternate includes reconstruction of the southern parking lot. Schroen said bids were submitted and evaluated through a blind process, allowing staff to determine the lowest overall bid and project scope without knowing which contractor submitted each bid.

Schroen reported that the City received 10 bids on August 11. He said the lowest base bid was $2,037,435, while the lowest base bid including the alternate was $2,586,477. After considering the available funding and benefits of completing the full project, staff determined that the base bid plus alternate provided the best overall option. Schroen said the apparent low bidder was identified as Dirt Dynasty. He noted that awarding the complete project under one contract would provide lower overall costs, a more consistent final product, and less disruption to the community.

Schroen said staff recommends awarding the base bid plus alternate to Dirt Dynasty for $2,586,477. He said the Parks and Recreation Capital Fund has approximately $2,480,973 available. He said with a 10% construction contingency, the total project budget would be approximately $2,845,124, resulting in a shortfall of approximately $356,000. Schroen said staff recommends transferring $400,000 from the General Department Capital Fund to fully fund the project.

Council Member de Graaf asked for more information regarding the project schedule, Schroen stated that staff hoped to complete the contract documents within the next week or two and issue the notice to proceed immediately thereafter.

Council Member Zuber discussed the project scope and clarified that the alternate bid includes reconstruction of the southern parking lot behind the Community Center, which would connect with the western parking lot improvements. Schroen confirmed.

Council Member Restuccia requested that staff provide a map showing the proposed parking lots and baseball field configuration. Schroen said he would provide the map. de Graaf expressed support for moving the project forward and enthusiasm about seeing the long-awaited improvements completed.
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Minutes Acceptance: Minutes of Aug 19, 2026 2:00 PM (Approval of Minutes) City Council Page 4 August 19, 2026
Motion to award the contract for the Community Center Parking Lot Expansion Project to Dirt Dynasty, Inc in the amount of $2,586,477; authorize the Mayor to execute the construction contract and related documents on behalf of the City; and authorize the transfer of $400,000 from the General Department Capital Fund to the Parks & Recreation Capital Fund to provide sufficient funding for the project, including the recommended 10 percent construction contingency.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
C. SERVICE AGREEMENT
CDW Government, LLC Approve and authorize the Mayor to sign an agreement, once approved by the City
Attorney, with CDW Government, LLC
for a Microsoft 365 subscription (User
Profile/Identity/ Email System), for 110
City and Police Department user licenses
in the annual not to exceed amount of
$39,385.65 and approve and authorize Ric
Small with Waypoint Network Solutions
to perform email data migration services in
the not to exceed amount of $20,000
(funding source: General Fund).

Administrative Supervisor Caro said staff is seeking approval and authorization for the Mayor to sign an agreement, once approved by the City Attorney, with CDW Government for a Microsoft 365 subscription and to authorize Waypoint Network Solutions to complete the data migration from the City’s existing email platform.

Council Member de Graaf asked about the security and compliance levels associated with Microsoft 365. Information Systems Technician Farnam explained that different license levels would be assigned based on employee needs. Police Department staff would receive G5 licenses to meet the highest compliance requirements, including FBI compliance requirements, while other City staff would receive G3 licenses. She said additional service accounts would be used for general login purposes.

Council Member Restuccia asked whether the migration would change the City’s email system to Microsoft Outlook. Farnam explained that the City already uses Outlook but currently operates on a legacy platform. The Microsoft 365 migration would move the City to a more modern platform that is already being used by other cities throughout the county. Restuccia noted that the change would provide greater consistency with other organizations.

Farnam also explained that, as part of the migration, the City will change its email domain from cityofripon.org to cityofripon.gov. She noted that the State has mandated 2 Packet Pg. 33
Minutes Acceptance: Minutes of Aug 19, 2026 2:00 PM (Approval of Minutes) City Council Page 5 August 19, 2026
that all city agencies transition to a .gov or .us email address by January 1, 2029. Farnam confirmed that the paperwork to secure the new domain has already been completed.

Motion to approve and authorize the Mayor to sign an agreement, once approved by the City Attorney, with CDW Government, LLC for a Microsoft 365 subscription (User Profile/Identity/ Email System), for 110 City and Police Department user licenses in the annual not to exceed amount of $39,385.65 and approve and authorize Ric Small with Waypoint Network Solutions to perform email data migration services in the not to exceed amount of $20,000.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
D. RESOLUTION NO. 26-31

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE CITY OF RIPON

EMPLOYEE COMPENSATION PLAN
FOR FISCAL YEAR 2026 - 27 FOR

CERTAIN ADMINISTRATIVE STAFF

AND NON-REPRESENTED POLICE

DEPARTMENT EMPLOYEES
This resolution authorizes the Ripon Police
Department to amend the City of Ripon
Employee Compensation Plan for fiscal
years 2026–27 for certain administrative
staff and non-represented police
department employees by adding four (4)
part time Dispatcher positions to the 2026-
27 budget at a salary level of 206.5 to
alleviate workforce burnout caused by
mandatory overtime and to ensure service
continuity.

Lieutenant Heuvel said staff is seeking approval to add four part-time dispatch positions to help reduce mandated overtime and employee burnout. He said the dispatch center currently has 13 dispatchers and one supervisor and is down three positions, with another resignation expected next month. Although the City is actively recruiting, the hiring and background process can take approximately two months, followed by six months of training for new dispatchers. Heuvel explained that the proposed part-time positions would allow the City to hire POST-certified dispatchers who could fill vacancies more quickly, with a preference for former employees or experienced dispatchers already familiar with the City’s RMS and CAD systems.

City Administrator Werner noted that the positions would provide a short-term solution to the current staffing shortage while also potentially creating a long-term pipeline for future full-time dispatch positions. He explained that, similar to the City’s approach in Public Works, part-time employees could gain experience and training and then be considered for full-time vacancies as they become available.

Council Member de Graaf expressed support for the proposal, noting that the ability to bring back former employees who are already trained and familiar with the dispatch system would provide an immediate benefit. He also noted that the proposal could help reduce overtime 2 Packet Pg. 34
Minutes Acceptance: Minutes of Aug 19, 2026 2:00 PM (Approval of Minutes) City Council Page 6 August 19, 2026
and employee burnout and thanked staff for developing the plan. Council Member Restuccia agreed, saying that people only want so much overtime and this will help prevent burnout.

Vice Mayor Uecker asked whether former dispatch employees would be willing to return to the City in the proposed part-time positions and why they would want to come back if they had left. Heuvel explained that some had started families and found the demands of working full-time dispatch, particularly being away from young children, difficult to balance with family responsibilities. He noted that these employees enjoyed the work and were reluctant to leave but still need flexible employment, making the proposed part-time positions a good fit.

He reported receiving positive feedback from former employees who are interested in returning.

Mayor Barton asked whether the invoices to Escalon and Lathrop reflect the overtime costs being incurred. Werner confirmed that the agreements were established based on a specified amount of overtime.

Motion to adopt Resolution 26-31 authorizing the Ripon Police Department to amend the City of Ripon Employee Compensation Plan for fiscal years 2026–27 for certain administrative staff and non-represented police department employees by adding four (4) part-time Dispatcher positions to the 2026-27 budget at a salary level of 206.5 to alleviate workforce burnout caused by mandatory overtime and to ensure service continuity.

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

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 2:34 PM. (Signed) Gary Barton
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 35
Minutes Acceptance: Minutes of Aug 19, 2026 2:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 36
Attachment: 2026 - 2nd Qtr (5201 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2600005 and 2600005AIssue Date: August 3, 2026Fiscal Year: 2026-2027Collection Period: June 24, 2026 - July 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 $13,571.76 $8,561.36 $5,925.54 $11,521.64 $0.00 $4,000.00 $43,580.30 $0.00 $43,580.30 $43,580.30

1.1.A.b
Packet Pg. 37
Attachment: fy2627_hwycityra (5201 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2500556 and 2500556A
Issue Date: August 21, 2026
Fiscal Year: 2025-2026
Collection Period: July 01, 2026 - July 31, 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 $40,629.09 $444,056.56
1 of 1

1.1.A.c
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Attachment: rmra_cities_remit_2526_aug (5201 : State of California)

1.1.B.a
Packet Pg. 39
Attachment: CCATT (5215 : CCATT Holdings)

1.1.C.a
Packet Pg. 40
Attachment: WASTE MANAGEMENT (5216 : Waste Management)
202607 Total
CR Cash Receipts 1 Commercial $ 27,716.46 $ 27,716.46
CR Cash Receipts 2 Roll Off $ 43,034.64 $ 43,034.64
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 70,751.10 $ 70,751.10 FFA Franchise Fee Payable 1 Franchise Fees Due $ 5,660.09 $ 5,660.09 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 $ 5,660.09 $ 5,660.09 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 5,660.09
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended July 2026
Section Description Line Description

1.1.C.a
Packet Pg. 41
Attachment: WASTE MANAGEMENT (5216 : Waste Management)

1.1.D.a
Packet Pg. 42
Attachment: Charter Q2_26 (5217 : Charter Communications)

Page 1 of 3 ends

1.2.A.a
Packet Pg. 43
Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.)

Page 2 of 3 ends

1.2.A.a
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Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.)

Page 3 of 3 ends

1.2.A.a
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Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.)

Page 1 of 3 ends

1.2.A.a
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Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.)

Page 2 of 3 ends

1.2.A.a
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Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.)

Page 3 of 3 ends

1.2.A.a
Packet Pg. 48
Attachment: Terpstra Invoices (5221 : Law Office of Thomas H. Terpstra, Jr.) Invoice Date: 8/17/2026
Invoice Number: 3326055
Funds due on 9/15/2026
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6711791700
CSCDA WATER 2006 C
Invoice for Debt Service Payment on 10/1/2026
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
13077WFS4 10/1/2027 4/1/2026 9/30/2026 180 $770,000.00 4.50% $17,325.00 $375,000.00 13077WFT2 10/1/2032 4/1/2026 9/30/2026 180 $2,250,000.00 4.50% $50,625.00 $0.00 $3,020,000.00 $67,950.00 $375,000.00
Interest Due: $67,950.00
Total Principal Due: $375,000.00
Principal Deposit Due:

Net Due: $442,950.00

PAYMENT SUMMARY
Total Interest Due: $67,950.00
Total Principal Due: $375,000.00
TOTAL DUE 9/15/2026 $442,950.00
Notes

WIRING INSTRUCTIONS
US Bank must receive funds prior to 10:30 A.M. CST to
ensure DTCC receives funds prior to their same day
settlement deadline of 2:00 P.M. CST. Any payments
received by DTCC after the 2:00 P.M. deadline will be
allocated the next day.

ABA: 091000022
BBK: U.S. Bank N.A.

A/C: 180121167365
BNF: U.S. Bank Trust N.A.

OBI: 3010754

1.2.B.a
Packet Pg. 49
Attachment: US Bank - 2006 Bonds 10-1-26 Debt Service Invoice (5198 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Page
2 of 2
U.S. BANK CONTACTS
Prod Ops
Analyst
Adam Vang Email: [email protected] Phone: 651-466-6132 3010754

1.2.B.a
Packet Pg. 50
Attachment: US Bank - 2006 Bonds 10-1-26 Debt Service Invoice (5198 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) 2012 Water Bond Payment

1.2.C.a
Packet Pg. 51
Attachment: US Bank 2012 Water Bond Payment 10.2026 (5199 : US Bank - Water Revenue Bonds Series 2012)

1.2.C.a
Packet Pg. 52
Attachment: US Bank 2012 Water Bond Payment 10.2026 (5199 : US Bank - Water Revenue Bonds Series 2012) Billed To: Invoice No.: 23-111-05
Carla Rodriguez
Engineering Secretary
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Consultant Agreement Other Terms
DBE Reporting Services Executed 4/8/2025 Net 30

ACCOUNT STATUS SUMMARY
Padilla & Associates, Inc. has completed the Following Tasks and Deliverables in accordance with the City of Ripon’s above referenced Professional Services Agreement. Payments associated with each task is now due and payable, please see below:

TASKS COST
B. FFY 2026/27 Exhibit 9B “Local Agency DBE Annual Submittal Form” Padilla & Associates, Inc. assisted the City in preparing the annual form for submission to Caltrans. $825.00
INVOICE TOTAL: $825.00
PLEASE REMIT PAYMENT TO:

PADILLA & ASSOCIATES, INC.
211 E. CITY PLACE DRIVE
SANTA ANA CA 92705
Federal Identification Number: 33-0889949
Date: August 11, 2026

1.2.D.a
Packet Pg. 53
Attachment: Invoice 23-111-05_Padilla & Associates (5202 : Padilla & Associates, Inc.) Padilla
Corporate Office
211 E. City Place Drive
Santa Ana, CA 92705
Phone (714) 973-1335
Specialized Management, Public Contract Compliance Monitoring, Training & Strategic Outreach Consulting
Sent via Email: [email protected]
August 11, 2026
Ms. Carla Rodriguez
Engineering Secretary
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Subject: INVOICE 23-111-05
SERVICE AGREEMENT: DBE REPORTING SERVICES (Executed 4/8/2025) Project: City of Ripon – Preparation of Exhibit 9B
Purchasing Division:

In accordance with our Agreement for General Services, transmitted herewith is an original invoice and Summary of Task Deliverables rendered.

Your timely processing of this invoice is greatly appreciated. Should you have any questions, please do not hesitate to contact Ryan Harris at (714) 568-0363.

Sincerely,
Patricia K. Padilla
President
Enclosure
Certified Small Business

1.2.D.a
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Attachment: Invoice 23-111-05_Padilla & Associates (5202 : Padilla & Associates, Inc.) Siegfried Engineering, Inc. - 3428 Brookside Road, Stockton, CA 95219 tel:(209) 943-2021 - fax:(209) 942-0214 - tax ID #94-1648794 This is an invoice for professional services and is due upon presentation. Any amounts not paid within thirty (30) days of the billing date shall be considered delinquent and shall bear a service charge, from date of billing, of one and one-half percent (1 1/2 %) per month on the unpaid balance.

Page: 1 of 1
City of Ripon
Attn: James Pease
259 N. Wilma Ave
Ripon, CA 95366
3001 Topographic & Boundary Survey 17,000.00 16,982.50 16,982.50 0.00 1004 Project Management & Coordination
with COR
18,000.00 1,550.50 1,550.50 0.00
1003 Construction Documents (100%) 40,000.00 0.00 0.00 0.00 1002 Design Development (60%) 25,000.00 19,053.00 16,943.00 2,110.00 1001 Schematic Design (30%) 25,000.00 24,993.25 24,993.25 0.00 Contract Total 125,000.00 62,579.25 60,469.25 2,110.00
Item Description
Contract
Amount Billed To Date
Previously
Billed Current Billed
Project Engineer 10.00 186.00 $1,860.00
Principal 1.00 250.00 $250.00
Professional Services Subtotal 11.00 $2,110.00
Professional Services
Employee Type Hours Rate Amount
1002 Subtotal $2,110.00
1002 - Design Development (60%)
Total Invoice Amount $2,110.00
Contract: 25119
River Rd and N Ripon Rd Traffic Signal & Intersection Improvements Effort for 60% plans and cost estimate after receiving comments.

Invoice Number: 52589
Date: 8/13/2026
Engineering Services through July 26, 2026

1.2.E.a
Packet Pg. 55
Attachment: Invoice 52589_Siegfried Engineering, Inc (5203 : Siegfried Engineering, Inc.) August 24 , 2026
[email protected]
Kevin Werner
City of Ripon
RE: N Ripon Rd River Rd Traffic Signal Design
Enclosed is invoice number 197886 for $811.20 dated August 6, 2026 for costs incurred from June 27, 2026 through July 31, 2026 for the above referenced project.

Tasks completed this period include the following:
- Coordination with civil on addressing EB lane drop/merge within r/w constraints - C reated and sent City concepts for r/w constraint solutions - Will provide next submittal promptly once City gives direction on preferred method of treating lane drop
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.F.a
Packet Pg. 56
Attachment: Invoice 197886_Fehr & Peers (5207 : Fehr & Peers) Project Manager Evan Mori
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
August 06, 2026
Project No: RS25-4414.00
Invoice No: 197886
Project RS25-4414.00 N Ripon Rd River Rd Traffic Signal Design Professional Services for the Period: June 27, 2026 to July 31, 2026 Professional Personnel
Hours Rate Amount
Senior Associate I
Murphy, Danny 1.00 280.00 280.00
Engineer/Planner II
Mori, Evan 2.00 155.00 310.00
Senior Project Accountant I
Aviles, Brandon 1.00 190.00 190.00
Totals 4.00 780.00
Total Labor 780.00
Reimbursable Expenses
Technology and Security Fee 31.20
Total Reimbursables 31.20 31.20
Budget Summary Current Prior To-Date
Total Billings 811.20 23,139.27 23,950.47
Total Budget 39,750.00
Remaining Budget 15,799.53
TOTAL CURRENT INVOICE AMOUNT DUE: $811.20
Current Invoice Prior Billed Billed To Date
Billing Summary 811.20 23,139.27 23,950.47
IMPORTANT NOTICE:

BANK: City National Bank
ACH ABA: 122016066
ACCOUNT: 682123753
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.

ACH REMITTANCE INFO:

1.2.F.a
Packet Pg. 57
Attachment: Invoice 197886_Fehr & Peers (5207 : Fehr & Peers) CONTRACTOR: Knife River Construction
PROJECT: W Ripon Road Overlay Project
PROJECT DESCRIPTION:

INVOICE NO: 3
DATE: 8/31/2026
ORIGINAL CONTRACT AMOUNT: $342,852.00 PREVIOUSLY BILLED AMOUNT: $342,852.00 LESS RETENTION: $17,142.60
APPROVED CONTRACT CHANGES: $58,399.04 PREVIOUSLY PAID AMOUNT: $325,709.40 CURRENT INVOICED AMOUNT: $58,399.04
LESS RETENTION: $2,919.95
TOTAL CONTRACT AMOUNT: $401,251.04 CURRENT AMOUNT DUE: $55,479.09 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $401,251.04 LESS RETENTION: $20,062.55
TOTAL PAID TO DATE: $381,188.49

TOTAL PROGRESS
Remaining Contract Amount: $0.00
Approx. % Complete: 100%

INVOICE SUMMARY
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.

CONTRACT INFORMATION BILLING INFORMATION

INVOICE SUMMARY
Work includes replacement of damaged ADA Curb Ramps and Sidewalk, Striping changes and additional Pavement Markers, and final asphalt placement quantities.

1.2.G.a
Packet Pg. 58
Attachment: Invoice 3_Knife River Construction (5204 : Knife River Construction) MEMO
To: Honorable City Council
From: Director of Recreation, Kye Stevens
Date: September 3, 2026
Subject: Aquatic Center – New Heater Estimate
RECOMMENDED ACTION:

Approve the estimated invoice cost of $33,525.02, representing the City of Ripon’s 50 percent share of the cost to replace the pool heater at the Ripon Aquatic Center.

BACKGROUND:

The City of Ripon and the Ripon Unified School District (RUSD) have a Joint Use Agreement in place for the operation and shared costs of the Ripon Aquatic Center. Under the agreement, the City and RUSD share the operating and capital costs of the facility equally, with each agency responsible for 50 percent of the approved costs.

The Aquatic Center is governed by a Joint Programming Board consisting of two City representatives and two RUSD representatives. The Board meets to discuss the operation, maintenance, and capital needs of the facility.

Over the years, the City and RUSD have continued to make improvements to the Aquatic Center to maintain and modernize the facility.

In 2017, the entire pool was re-plastered. Improvements to the pool equipment building and the office facing the swimming pool were completed in 2019-20, including replacement of four single doors and two double doors that had deteriorated due to exposure to the pool environment.

In 2023, improvements were made to the locker rooms, including installation of new doors and frames, epoxy flooring, renovated walls, and new toilets, showers, and sinks. The entire facility was also painted as part of the improvements.

DISCUSSION/ANALYSIS:

The pool heater at the Ripon Aquatic Center is in need of replacement. The existing heater has been in service for nearly 25 years and has reached the end of its useful life. At its September 3, City Council
259 N. Wilma Avenue
Ripon, CA, 95366

1.2.H.a
Packet Pg. 59
Attachment: Pool Heater Staff Report - 2026 (5208 : Ripon Unified School District Pool Operations - Repair) 2026 meeting, the Joint Programming Board approved a 50/50 cost share between the City and RUSD for replacement of the pool heater with each entity responsible for $33,525.02 of the cost.

The Aquatic Center has served the community for nearly 25 years and continues to be an important recreational facility. Replacing the pool heater, along with ongoing maintenance and periodic improvements, is necessary to ensure the facility remains safe, functional, and in good condition for continued community use.

FISCAL IMPACT:

The City’s share of the estimated invoice cost, in the amount of $33,525.02, will be paid from the City’s General Capital Fund that has a projected balance of $1.2 million at the end of FY 2026-27.

1.2.H.a
Packet Pg. 60
Attachment: Pool Heater Staff Report - 2026 (5208 : Ripon Unified School District Pool Operations - Repair) Proposed To
Ripon USD
Andy Strickland
301 N. Acacia Ave
Ripon, CA 95366

ESTIMATE
Ship To
03/02/26
Ripon HS; CPN1802 Lochinvar Heater Replacement
Date
Order # 341424
Ripon USD
Consultant Chris Robertson
Billing Terms Net 30
Courier Service

BEST WAY
WQA Kim Slick
Ripon High School
Andy Strickland
301 N Acacia Ave
Ripon, CA 95366-2403
Phone: Fax:

Order Description
Ripon HS; CPN1802 Lochinvar Heater Replacement
Including; Demo and removal of the existing heater model CPN1801. Set in place, (1) new Lochinvar model CPN1802 natural gas swimming pool heating system. Installation of new mixing loop and plumb fittings. Reconnect existing plumbing, electrical and venting. Start up heater, fill out manufacture warranty form and provide operator training.

Order Items
Line Item Code Description Quantity Unit Price Item Total Lochinvar CPN1802 natural gas swimming pool heater 1
with 1.8million Btu input per hour, low Nox 85% thermal efficiency, Smart System Control panel, vertical auto
pumped bypass with bronze booster pump, flowswitch,
ASME temperature & pressure relief valve, cupro nickel
heat exchanger with bronze header and M7 California
Code controls
HS-039-00036 28,785.00 28,785.00
SU NC PW Equipment Commissioning and Operator Training 1 Knorr Systems Installation Labor 1
2 Technicians / 4 days on site
KI 32,760.00 32,760.00
4020 Installation Materials 1 1,500.00 1,500.00

Page 1 of 2 ends

1.2.H.b
Packet Pg. 61
Attachment: Estimate_341424 (5208 : Ripon Unified School District Pool Operations - Repair) Proposed To
Ripon USD
Andy Strickland
301 N. Acacia Ave
Ripon, CA 95366

ESTIMATE
Ship To
03/02/26
Ripon HS; CPN1802 Lochinvar Heater Replacement
Date
Order # 341424
Ripon USD
Consultant Chris Robertson
Billing Terms Net 30
Courier Service

BEST WAY
WQA Kim Slick
Ripon High School
Andy Strickland
301 N Acacia Ave
Ripon, CA 95366-2403
Phone: Fax:

Existing Heater Model: CPN1801
S/N E06H00186846
**New Heater CPN1802 S/N:

Labor to include use of the existing venting, electrical and plumbing. If it is found that the venting, electrical or plumbing requires replacement, a new quote will be submitted for approval.

Additional Information
We are pleased to submit the above package for your consideration.

Terms & Conditions:

1. Orders paid by credit card will incur a 3.5% processing fee

2. Payment terms are subject to the credit agreement you have on file with KSI.

3. A deposit may be required to process your order

4. 18% APR is charged on all past due invoices

5. Pricing is valid for 30 days from date of this Estimate, after which is subject to change.

6. If applicable, returns must be pre-approved, shipped prepaid and accompany written RMA.

7. Minimum 20% restocking fee applies to all returns, % is based on actual manufacturer restock fee.

7. Freight cost is an estimate only and actual freight may be different at time of shipping.

8. Order is subject to applicable sales tax to ship point Signature Date
Please click link below to digitally accept this prospoal Proposal Acceptance http://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMzQxNDI0 http://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMzQxNDI0 Subtotal 63,045.00
Adjustment 0.00
Total 63,045.00
Shipping 1,735.44
Tax 2,269.59
Grand Total 67,050.03
Payment Due 0.00
Payments 0.00

Page 2 of 2 ends

1.2.H.b
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Attachment: Estimate_341424 (5208 : Ripon Unified School District Pool Operations - Repair)

PRICE PAIGE & COMPANY
570 N. Magnolia Avenue, Suite 100
Clovis, CA 93611
Phone: (559) 299-9540
Email: [email protected] Website: www.ppc.cpa
Due Date: Due upon receipt
Client ID: RIPON
For professional services rendered:

Certified Public Accountants
Fax: (559) 299-2344
Invoice Date: 07/31/26
Invoice: 39453
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Lisa Roos
Work in progress on the June 30, 2026 audited financial statements. 6,145.00 Work in progress on the June 30, 2026 audited pension financial statements. 1,525.00 Invoice Total $7,670.00
(7,158.00
$7,158.00
$7,670.00
Beginning Balance
Invoices
Receipts
Amount Due
7,670.00
)
Please make checks payable to Price Paige & Company and record your invoice number on the check. A Finance Charge of 1.33% per month will be assessed on all unpaid invoices over 60 days.

1.2.J.a
Packet Pg. 63
Attachment: Price Paige Invoice #39453 (5219 : Price Paige & Company) Invoice
Date
9/2/2026
Invoice #
701963
Bill To
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
Ship To
City of Ripon - Planning
259 N. Wilma Ave.

Ripon, CA 95366
P.O. Number Terms
Net 30
Rep
RK
Total
Subtotal
Sales Tax (0.0%)
P.O. Box 4779
Modesto, CA 95352
209-578-5580
www.calcad.com
Item Description Qty Cost Total
GIS Project Billing June - August 2026
Service Assessor Updates & OpenGov Owner Address Updating - June (3)
- July (2.5)
- August (3)

8.5 175.00 1,487.50
Service July 2026 Quarterly Master Excel Spreadsheet Update - Initial Run and Second run a month later
2 175.00 350.00
$1,837.50
$1,837.50
$0.00

1.2.K.a
Packet Pg. 64
Attachment: CalCad Invoice_701963 (5224 : California CAD Solutions, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 09/08/2026
Subject: Special District Risk Management Authority (SDRMA) MOU RECOMMENDED ACTION:

This resolution approves the updated Memorandum of Understanding (MOU) with the Special District Risk Management Authority (SDRMA) who provides the Blue Shield health coverage option for City employees. This MOU better aligns with the pool participants, the SDRMA provider of health and employee benefit programs, and industry norms and authorizes continued participation in the SDRMA’s Health Benefits Program.

BACKGROUND:

The City of Ripon has been offering Blue Shield health insurance through the Special District Risk Management Authority (“SDRMA”) since 2010. Participation in the SDRMA programs requires the City to execute and entering into a Memorandum of Understanding (“MOU”) which states the purpose and participation requirement for the Health Benefit Program. An original MOU was signed in 2010 when we began offering these benefits to employees and was updated in 2019.

DISCUSSION/ANALYSIS:

At the June 24, 2026 SDRMA Board Meeting, the SDRMA Board of Directors approved amendments to the SDRMA Health Benefits Memorandum of Understanding. The amendments were made to better align the MOU with our pool participants, the SDRMA provider of health and employee benefit programs, and industry norms. Below is a table outlining the previous language, revised language and description of the change:

Section Previous Language Revised Language Description of Change Definitions Various terms and
definitions, some not
clearly defined or
missing.

Expanded and clarified definitions
for "Committee," "Coverage
Documents," "Program Participation
Agreement," "Program," and
Improved clarity and
specificity of key terms
for better understanding
and administration.

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The City of Ripon participates in SDRMA’s Health Benefits program for our Blue Shield PPO Health Insurance. The SDRMA is requesting that we execute a new MOU in order to continue to participate in their Health Benefit Program.
"Program Documents."
Entry into
Program
ENTITY shall enroll in
the Program by making
application through
SDRMA.

ENTITY shall apply for participation
by executing all forms prescribed by
SDRMA, subject to approval by the
Program's Underwriter.

Clarifies the application
process and emphasizes
underwriter approval.

Maintenance
of Effort
Program provides
health benefits to all
participants of the
ENTITY.

Specifies eligible participants (active
employees, retired employees,
dependents, public officials) and
outlines optional participation for
some groups.

Clarifies eligibility and
participation
requirements.

Premiums ENTITY will remit
monthly premiums
based on rates
established by
SDRMA.

Premiums and rates are set by the
Committee; SDRMA adds an
administrative fee. Details on billing,
penalties for late payment, and
termination for non-payment added.

Adds detail on premium
calculation, billing, and
consequences for late
payment.

Benefits Benefits as set forth in
ENTITY’s Plan
Summary.

Benefits must be agreed upon with
employee organizations and
approved by the Program
underwriter.

Adds requirement for
underwriter approval of
plan selections.

Assessments
& Dividends
Assessments/dividends
used sparingly;
allocation based on
premiums paid.

Committee may impose premium
assessments if funds are insufficient;
details on liability for withdrawn
entities and dividend formula.

Expands on funding
adequacy, assessment
process, and dividend
distribution.

Withdrawal ENTITY may
withdraw with 90 days’
notice.

Notice period extended to 120 days
prior to January 1; rescission
deadline added; 3-year waiting
period for re-entry after withdrawal.

Tightens withdrawal
process and re-entry
requirements.

Arbitration Not previously
specified.

Adds binding arbitration clause for
disputes, specifying Sacramento, CA
as venue.

Introduces formal
dispute resolution
process.

Amendment Amendments require
written agreement by
both parties.

Clarifies amendment process,
including SDRMA’s right to
terminate if ENTITY does not
execute required amendments.

Strengthens amendment
and termination
provisions.

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Staff recommends that the City continue to offer the Blue Shield health insurance through the SDRMA, and execute this MOU by November 1, 2026.

FISCAL IMPACT:

None.

Attachments:

1. SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon

2. Revised-MOU for Health Benefits 2026 Redline

1.3.A
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RESOLUTION NO. 26-32

A RESOLUTION OF THE OF THE CITY COUNCIL OF THE

CITY OF RIPON APPROVING THE FORM OF AND

AUTHORIZING THE EXECUTION OF A MEMORANDUM OF

UNDERSTANDING AND AUTHORIZING PARTICIPATION

IN THE SPECIAL DISTRICT RISK MANAGEMENT
AUTHORITY’S HEALTH BENEFITS PROGRAM
WHEREAS, City of Ripon, a public agency duly organized and existing under and by virtue of the laws of the State of California (the “ENTITY”), has determined that it is in the best interest and to the advantage of the ENTITY to participate in the Health Benefits Program offered by Special District Risk Management Authority (the “Authority”); and WHEREAS, the Authority was formed in 1986 in accordance with the provisions of California Government Code 6500 et seq., for the purpose of providing risk financing, risk management programs and other coverage protection programs; and WHEREAS, participation in Authority programs requires the City of Ripon to execute and enter into a Memorandum of Understanding which states the purpose and participation requirements for the Health Benefits Program; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City of Ripon is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

Section 1. Findings. The City Council of the City of Ripon hereby specifically finds and determines that the actions authorized hereby relate to the public affairs of the ENTITY.

Section 2. Memorandum of Understanding. The Memorandum of Understanding, to be executed and entered into by and between the City of Ripon and the Authority, in the form presented at this meeting and on file with the City Clerk of the City of Ripon, is hereby approved. The City Council of the City of Ripon and/or Authorized Officers (“The Authorized Officers”) are hereby authorized and directed, for and in the name and on behalf of the City of Ripon, to execute and deliver to the Authority the Memorandum of Understanding.

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Section 3. Program Participation. The City Council of the City of Ripon approves participating in the Special District Risk Management Authority’s Health Benefits Program.

Section 4. Severability. If any provision of this resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable.

Section 5. Other Actions. The Authorized Officers of the City of Ripon are each hereby authorized and directed to execute and deliver any and all documents which are necessary in order to consummate the transactions authorized hereby and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved.

Section 6. Effective Date. This resolution shall take effect immediately upon its passage.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of September, 2026, by the following vote:

RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: Gary Barton, Dean Uecker, Michael Restuccia, Daniel de Graaf ABSENT: Leo Zuber

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
GARY BARTON, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Special District Risk Management Authority Page 1:5 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (HEREAFTER “MEMORANDUM”) IS

ENTERED INTO BY AND BETWEEN THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (HEREAFTER “SDRMA”) AND THE PARTICIPATING PUBLIC ENTITY (HEREAFTER “ENTITY”) WHO IS SIGNATORY TO THIS MEMORANDUM.

WHEREAS, on August 1, 2006, SDRMA in its capacity as a member of Public Risk Innovation, Solutions and Management (PRISM) and having executed the Joint Powers Agreement (JPA) governing PRISM, was appointed administrator for the purpose of enrolling small public entities into the (PRISM) Health and/or Employee Benefits Small Group Program (hereinafter "Program"); and
WHEREAS, the terms and conditions of the PROGRAM as well as benefit coverage, rates, assessments, and premiums are governed by the PRISM Health Committee and/or PRISM Employee Benefits Committee for the Program (the "Committee") and not SDRMA; and WHEREAS, ENTITY desires to enroll and participate in the Program, acknowledging that SDRMA acts solely in an administrative capacity and does not establish Program terms.

NOW THEREFORE, SDRMA and ENTITY agree as follows:

1. DEFINITIONS. For purposes of this MEMORANDUM, unless the context otherwise requires, the following terms when capitalized have the respective meanings set out below and are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. a. “Committee” means the PRISM Health Committee and/or PRISM Employee Benefits Committee for the Program.
b. “Coverage Documents” means, except as otherwise provided herein, coverage documents from each carrier outlining the coverage provided, including terms and conditions of coverage, are controlling with respect to the coverage of the Program and will be provided by SDRMA to each ENTITY. Documents will be made available through the online SDRMA Portal and be accessible to approved users of the ENTITY. c. “Program Participation Agreement” means the agreement issued by PRISM/AUS Underwriting to the Entity that details the final terms of acceptance and any special exceptions or terms that have been made a part of the underwriting approval and is required to be completed and executed in order to constitute full acceptance as a member of the PRISM Small Group Program.

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Attachment: SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 2:5 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
d. “Program” or “PRISM” means the Public Risk Innovation, Solutions and Management (PRISM) Health and/or Employee Benefits Small Group Program. e. “Program Documents” means the following: SDRMA Program Administrative Guidelines, SDRMA Resolution, Program Underwriting application and any required underwriting documents, Program approval, Program Underwriting & Eligibility Rules and Program Participation Agreement.

2. PURPOSE. ENTITY is signatory to this MEMORANDUM for the sole purpose of enrolling in the Program.

3. ENTRY INTO PROGRAM. ENTITY shall apply for participation in the Program by executing and all forms prescribed by SDRMA. SDRMA shall submit the completed forms to the Program's Underwriter who has the authority to accept or reject Entity’s application in its sole discretion based on the Program’s governing documents and in accordance with the Program’s eligibility guidelines.

4. MAINTENANCE OF EFFORT. Program provides health benefits to all active employees, retired employees, dependents of an active or retired employee and public officials of the ENTITY who satisfy requirements for participation. ENTITY public officials may participate in the Program only if they are currently being covered and their own ENTITY’s enabling act, plans and policies allow it. ENTITY must contribute at least the minimum percentage required by the eligibility requirements

5. PREMIUMS. ENTITY agrees and acknowledges that premiums and rates for the Program are set by the Committee and that SDRMA’s Administrative Fee is set by SDRMA For each billing cycle. ENTITY will remit the total monthly amount billed by SDRMA for each category of participants and the census of covered employees, public officials, dependents and retirees. PREMIUMs are based on a full month, and there are no partial months or prorated PREMIUMs. Enrollment for mid-year qualifying events and termination of coverage will be made in accordance with the SDRMA Program Administrative Guidelines.

Late Payment Penalties. ENTITY shall pay all PREMIUM invoices as billed to SDRMA, regardless of any changes to eligibility or adjustments to PREMIUMS that may occur during the billing month and not reflected in the PREMIUM invoice. SDRMA shall issue PREMIUM invoices to ENTITY prior to the coverage month in which they are due.

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Attachment: SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 3:5 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
MEMORANDUM and ENTITY’S Participation Agreement, including immediate cessation of all services under the Program, any time after it provides written notice to ENTITY of its failure to pay the amount due of any invoice.

6. BENEFITS. Benefits provided to ENTITY participants shall be as set forth in ENTITY’s Plan Summary for the Program and as agreed upon between the ENTITY and its recognized employee organizations as applicable. Not all plan offerings will be available to ENTITY, and plans requested by ENTITY must be submitted to Program underwriter for approval.

7. ASSESSMENTS AND DIVIDENDS. The Program annual premium, as approved by the Committee will be established at a level which is anticipated to provide adequate overall funding. The Program will directly manage surpluses and deficits. Premiums are targeted to fund expected claims (including incurred-but-not-reported (IBNR) and runout), reinsurance (if any), Program/administrative expenses, and any reserve or margin adopted by the Committee.

If Program funds are insufficient (including funding IBNR), the Committee may impose premium assessments on all applicable participating Entities, consistent with the JPA, including ENTITY signing this MEMORANDUM. Entities that have withdrawn from the Program are liable for assessments attributable to plan year(s) in which they participated.

After appropriate reserves and obligations are funded and any Committee-approved margin is achieved, the Committee may declare a dividend or premium credit, using a formula recommended by the Program Underwriters and actuary.

8. WITHDRAWAL. ENTITY may withdraw from this MEMORANDUM and terminate its Program Participation Agreement for a subsequent calendar year subject to the following condition: ENTITY shall notify SDRMA in writing of its intent to withdraw from this MEMORANDUM and terminate its Program Participation Agreement at least 120 days prior to January 1st of the subsequent calendar year in which it shall be effective.

No withdrawal shall become effective until December 31 of the year that notice of termination is received. ENTITY may rescind its notice of intent to withdraw and terminate no later than October 1st. Once ENTITY withdraws from the Program, there is a 3-year waiting period to come back into the Program, and the ENTITY will be subject to underwriting approval.

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Attachment: SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 4:5 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
Arbitration Association. Judgment upon any award rendered by the arbitrator(s) shall be final and may be entered into any court having jurisdiction.

10. GOVERNING LAW. This MEMORANDUM shall be governed in accordance with the laws of the State of California.

11. VENUE. Venue for any dispute or enforcement shall be in the City of Sacramento, California.

12. ATTORNEY FEES. The prevailing party in any dispute shall be entitled to an award of reasonable attorney fees.

13. COMPLETE AGREEMENT. This MEMORANDUM together with the related Program Documents constitutes the full and complete agreement of the ENTITY.

14. SEVERABILITY. Should any provision of this MEMORANDUM be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision.

15. AMENDMENT OF MEMORANDUM; WAIVER. This MEMORANDUM may not be modified, nor shall any provision hereof be waived or amended, except in a writing duly signed by authorized representatives of SDRMA and ENTITY. The failure of either Party to enforce at any time any provision of the MEMORANDUM shall not be construed to be a waiver of such provision, nor in any way to affect the validity of the MEMORANDUM or the right of either party thereafter to enforce each and every such provision. If ENTITY fails or refuses to execute an amendment to this MEMORANDUM by the deadline included in written notice of SDRMA’S execution of said amendment, SDRMA reserves the right to terminate this MEMORANDUM and ENTITY’S Program Participation Agreement effective as of the next annual renewal date.

16. EFFECTIVE DATE. This MEMORANDUM shall become effective on the later of the first date of coverage for the ENTITY or the last date of signing of this MEMORANDUM by the Chief Executive Officer or Board President of SDRMA and the authorized person for the ENTITY.

17. EXECUTION IN COUNTERPARTS. This MEMORANDUM may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.

In Witness Whereof, the undersigned have executed the MEMORANDUM as of the date set forth below.

1.3.A.a
Packet Pg. 73
Attachment: SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 5:5 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org

Dated: By:

Special District Risk
Management Authority
Dated: By:

City of Ripon

1.3.A.a
Packet Pg. 74
Attachment: SDRMA - 2026 Revised MOU for Health Benefits - City of Ripon (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 1:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (HEREAFTER “MEMORANDUM”) IS

ENTERED INTO BY AND BETWEEN THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (HEREAFTER “SDRMA”) AND THE PARTICIPATING PUBLIC ENTITY (HEREAFTER “ENTITY”) WHO IS SIGNATORY TO THIS MEMORANDUM.

WHEREAS, on August 1, 2006, SDRMA in its capacity as a member of Public Risk Innovation, Solutions and Management (PRISM) and having executed the Joint Powers Agreement (JPA) governing PRISM, was appointed administrator for the purpose of enrolling small public entities into the Public Risk Innovation, Solutions and Management (PRISM) Health and/or Employee Benefits Small Group Program (hereinafter "PROGRAMrogram"); and WHEREAS, the terms and conditions of the PROGRAM as well as benefit coverage, rates, assessments, and premiums are governed by the PRISM Health Committee and/or PRISM Employee Benefits Committee for the PROGRAMrogram (the "COMMITTEEommittee") and not SDRMA; and
WHEREAS, ENTITY desires to enroll and participate in the PROGRAMrogram, acknowledging that SDRMA acts solely in an administrative capacity and does not establish Program terms.

NOW THEREFORE, SDRMA and ENTITY agree as follows:

1. DEFINITIONS. For purposes of this MEMORANDUM, unless the context otherwise requires, the following terms when capitalized have the respective meanings set out below and are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. a. “Committee” means the PRISM Health Committee and/or PRISM Employee Benefits Committee for the Program.
b. “Coverage Documents” means, except as otherwise provided herein, coverage documents from each carrier outlining the coverage provided, including terms and conditions of coverage, are controlling with respect to the coverage of the Program and will be provided by SDRMA to each ENTITY. Documents will be made available through the online SDRMA Portal and be accessible to approved users of the ENTITY.
c. “Program Participation Agreement” means the agreement issued by PRISM/AUS Underwriting to the Entity that details the final terms of acceptance and any special exceptions or terms that have been made a part of the underwriting approval and is required to be

1.3.A.b
Packet Pg. 75
Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 2:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
completed and executed in order to constitute full acceptance as a member of the PRISM Small Group Program.
d. “Program” or “PRISM” means the Public Risk Innovation, Solutions and Management (PRISM) Health and/or Employee Benefits Small Group Program. e. “Program Documents” means the following:__SDRMA Program Administrative Guidelines, SDRMA Resolution, Program Underwriting application and any required underwriting documents, Program approval, Program Underwriting & Eligibility Rules and Program Participation Agreement.__________________________

12. PURPOSE. ENTITY is signatory to this MEMORANDUM for the express sole purpose of enrolling in the ProgramROGRAM.

23. ENTRY INTO PROGRAM. ENTITY shall enroll apply for participation in the ProgramROGRAM by making application through executing and all forms prescribed by SDRMA. SDRMA shall submit the completed forms to which shall be subject to approval by the ProgramROGRAM's Underwriter who has the authority to accept or reject Entity’s application in its sole discretion based on the Program’s and governing documents and in accordance with the Program’sapplicable eligibility guidelines.

34. MAINTENANCE OF EFFORT. Program ROGRAM is designed to provide an alternative provides health benefits solution to all participants active employees, retired employees, dependents of an active or retired employee and public officials of the ENTITY who satisfy requirements for participation. of the ENTITY including active employees, retired employees (optional), dependents (optional) and public officials (optional). ENTITY public officials may participate in the ProgramROGRAM only if they are currently being covered and their own ENTITY’s enabling act, plans and policies allow it. ENTITY must contribute at least the minimum percentage required by the eligibility requirements

45. PREMIUMS. ENTITY understands agrees and acknowledges that premiums and rates for the Program ROGRAM are set by the COMMITTEECommittee and that SDRMA’s Administrative Fee is set by SDRMA For each billing cycle,. ENTITY will remit the total monthly premiums based upon rates established amount billed by SDRMAfor each category of participants and the census of covered employees, public officials, dependents and retirees. PREMIUMs are based on a full month, and there are no partial months or prorated PREMIUMs. Enrollment for mid-year qualifying events and termination of coverage will be made in accordance with the SDRMA Program Administrative Guidelines.

1.3.A.b
Packet Pg. 76
Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 3:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
Rates for the ENTITY and each category of participant will be determined by the COMMITTEE designated for the PROGRAM based upon advice from its consultants and/or a consulting Benefits Actuary and insurance carriers. In addition, SDRMA adds an administrative fee to premiums and rates for costs associated with administering the PROGRAM. Rates may vary depending upon factors including, but not limited to, demographic characteristics, loss experience of all public entities participating in the PROGRAM and differences in benefits provided (plan design), if any.

SDRMA will administrate a billing to ENTITY each month, with payments due by the date specified by SDRMA. Payments received after the specified date will accrue penalties up to and including termination from the PROGRAM. Premiums are based on a full month, and there are no partial months or prorated premiums. Enrollment for mid-year qualifying events and termination of coverage will be made in accordance with the SDRMA Program Administrative Guidelines.

PREMIUM invoices are due by the due date stated on the invoice and considered delinquent thirty (30) calendar days from the due date. In addition to the outstanding balance due for any unpaid invoice, ENTITY shall be liable to SDRMA for a late payment penalty of 1% of the outstanding balance of any unpaid portion of such invoice effective (30) calendar days after the invoice due date. SDRMA reserves the right to terminate the MEMORANDUM and ENTITY’S Participation Agreement, including immediate cessation of all services under the Program, any time after it provides written notice to ENTITY of its failure to pay the amount due of any invoice.

56. BENEFITS. Benefits provided to ENTITY participants shall be as set forth in ENTITY’s Plan Summary for the Program ROGRAM and as agreed upon between the ENTITY and its recognized employee organizations as applicable. Not all plan offerings will be available to ENTITY, and plans requested by ENTITY must be submitted to ProgramROGRAM underwriter for approval.

6. COVERAGE DOCUMENTS. Except as otherwise provided herein, coverage documents from each carrier outlining the coverage provided, including terms and conditions of coverage, are controlling with respect to the coverage of the PROGRAM and will be provided by SDRMA to each ENTITY. SDRMA will provide each ENTITY with additional documentation, defined as the SDRMA Program Administrative Guidelines which provide further details on administration of the PROGRAM.

7. PROGRAM FUNDING. It is the intent of this MEMORANDUM to provide for a fully funded PROGRAM by any or all of the following: pooling risk; purchasing individual stop loss

1.3.A.b
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Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU) Special District Risk Management Authority Page 4:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
coverage to protect the pool from large claims; and purchasing aggregate stop loss coverage.

8. ASSESSMENTS. Should the PROGRAM not be adequately funded for any reason, pro-rata assessments to the ENTITY may be utilized to ensure the approved funding level for applicable policy periods. Any assessments which are deemed necessary to ensure approved funding levels shall be made upon the determination and approval of the COMMITTEE in accordance with the following:
a. Assessments/dividends will be used sparingly. Generally, any over/under funding will be factored into renewal rates.
b. If a dividend/assessment is declared, allocation will be based upon each ENTITY’S proportional share of total premiums paid for the preceding 3 years. An ENTITY must be a current participant to receive a dividend, except upon termination of the PROGRAM and distribution of assets.
c. ENTITY will be liable for assessments for 12 months following withdrawal from the PROGRAM.
d. Fund equity will be evaluated on a total PROGRAM-wide basis as opposed to each year standing on its own.

98. WITHDRAWAL. ENTITY may withdraw from this MEMORANDUM and terminate its Program Participation Agreement for a subsequent calendar year subject to the following condition: ENTITY shall notify SDRMA and the PROGRAM in writing of its

1.3.A.b
Packet Pg. 78
Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU) Special District Risk Management Authority Page 5:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
intent to withdraw at least 90 days prior to their requested withdrawal date. ENTITY shall notify SDRMA in writing of its intent to withdraw from this MEMORANDUM and terminate its Program Participation Agreement at least 120 days prior to January 1st of the subsequent calendar year in which it shall be effective . No withdrawal shall become effective until December 31 of the year that notice of termination is received. ENTITY may rescind its notice of intent to withdraw and terminate no later than October 1st.

Once ENTITY withdraws from the ProgramROGRAM, there is a 3-year waiting period to come back into the ProgramROGRAM, and the ENTITY will be subject to underwriting approval again.

10. LIAISON WITH SDRMA. Each ENTITY shall maintain staff to act as liaison with SDRMA and between the ENTITY and SDRMA’S designated PROGRAM representative.

9. ARBITRATION OF DISPUTES. To the extent permitted by law, all controversies between the ENTITY and SDRMA that may arise out of or relate to any of the services provided by SDRMA under the MEMORANDUM, or the construction, performance or breach of this or any other agreement between the ENTITY and SDRMA, whether entered into prior to, on or subsequent to the date hereof, shall be settled by binding arbitration in the City of Sacramento, California, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered into any court having jurisdiction. 1110. GOVERNING LAW. This MEMORANDUM shall be governed in accordance with the laws of the State of California.
1211. VENUE. Venue for any dispute or enforcement shall be in the City of Sacramento, California.
1312. ATTORNEY FEES. The prevailing party in any dispute shall be entitled to an award of reasonable attorney fees.

14.13. COMPLETE AGREEMENT. This MEMORANDUM together with the related ProgramROGRAM documents Documents constitutes the full and complete agreement of the ENTITY. 1514. SEVERABILITY. Should any provision of this MEMORANDUM be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision. 1615. AMENDMENT OF MEMORANDUM; WAIVER. This MEMORANDUM may not be modified, nor shall any provision hereof be waived or amended, except in a writing duly signed by authorized representatives of SDRMA and ENTITY. The failure of either Party to enforce at any time any provision of the MEMORANDUM shall not be construed to be a waiver of such provision, nor in any way to affect the validity of the MEMORANDUM or the

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Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU)

Special District Risk Management Authority Page 6:6 Tel 800.537.7790 Fax 916.231.4111
www.sdrma.org
right of either party thereafter to enforce each and every such provision.may be amended by the SDRMA Board of Directors and such amendments are subject to approval of ENTITY’S designated representative, or alternate, who shall have authority to execute this MEMORANDUM. Any If ENTITY who fails or refuses to execute an amendment to this MEMORANDUM by the deadline included in written notice of SDRMA’S execution of said amendment, SDRMA reserves the right to terminate shall be deemed to have withdrawn this MEMORANDUM and ENTITY’S Program Participation Agreement from the PROGRAM effective as of on the next annual renewal date. 1716. EFFECTIVE DATE. This MEMORANDUM shall become effective on the later of the first date of coverage for the ENTITY or the last date of signing of this MEMORANDUM by the Chief Executive Officer or Board President of SDRMA and the authorized person for the ENTITY.
1817. EXECUTION IN COUNTERPARTS. This MEMORANDUM may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.

In Witness Whereof, the undersigned have executed the MEMORANDUM as of the date set forth below.

Dated: By:

Special District Risk
Management Authority
Dated: By:

Agency ENTITY Name

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Attachment: Revised-MOU for Health Benefits 2026 Redline (26-32 : Special District Risk Management Authority (SDRMA) MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/08/2026
Subject: Professional Services Agreement - Environmental Management Solutions, LLC
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Environmental Management Solutions, LLC dba WaterSolve to survey the Wastewater Treatment Ponds for sludge content and provide a report of findings in the not to exceed amount of $19,600 (funding source: Sewer Enterprise Capital Fund).

At the June 2026 City Council meeting, a professional services agreement with WaterSolve, LLC was approved to perform the work described below. WaterSolve, LLC has since been absorbed by Environmental Management Solutions, LLC, the following professional services agreement, if approved, will replace the original WaterSolve, LLC agreement and a formal termination of contract letter will follow. Below is the original staff report.

BACKGROUND:

The City’s Waste Water Treatment Plant (WWTP) was constructed in the 1970s, with major expansion occurring in the 1990s. The total area covered by the WWTP is roughly 120 acres, with 100 acres occupied by percolation ponds, storage ponds, treatment ponds, or industrial disposal areas, as shown in the figure below.

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At the May 13, 2025 City Council Meeting, Council approved the WWTP Facility Plan Update to be prepared Woodard & Curran. The finalized plan will provide a guide to a phased approach for capital upgrades, including the estimate of capital cost associated with these treatment technology improvements. These cost estimates will be used in the upcoming AB1600 Development Impact Fees Study that establishes the City development fees which is currently underway.

DISCUSSION:

The WWTP Facility Plan Update is nearing completion, and City staff is currently reviewing and providing comments on the final draft. The plan identifies a reduction in available treatment pond volume resulting from the accumulation of sludge over time, which has adversely affected treatment capacity and operational efficiency.

A critical first step in addressing this issue is to complete a comprehensive sludge survey of the City's four treatment ponds to accurately quantify the volume and distribution of accumulated sludge. This information is essential because the costs associated with dredging, hauling, and disposal can vary significantly depending on the volume and characteristics of the material present. In addition to supporting project cost development, the survey results will provide staff with information regarding sludge accumulation patterns and available treatment capacity, allowing for the evaluation of operational improvements to enhance treatment performance and overall plant efficiency.

Staff solicited and received three proposals to perform a comprehensive sludge survey and sampling assessment of the City's four wastewater treatment ponds. WaterSolve, LLC was

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determined to be the lowest responsive and responsible firm. WaterSolve, LLC has extensive experience conducting similar wastewater treatment pond evaluations and has successfully completed several comparable projects. Exhibit A of the attached Professional Services Agreement outlines the scope of services to be provided by WaterSolve, LLC.

FISCAL IMPACT:

The attached Professional Services Agreement with WaterSolve, LLC to complete the sludge survey, sampling, analysis, and reporting services are for a total amount not to exceed $19,600 and will be funded by the Sewer Enterprise Capital Fund.

Attachments:

1. EMS LLC WWTP Lagoon Sludge Survey PSA

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Professional Services Agreement - Page 1 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

ENVIRONMENTAL MANAGEMENT SOLUTIONS, LLC
This Agreement for Professional Services (“Agreement”) is entered into on, August 8, 2026 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Environmental Management Solutions, LLC dba WaterSolve (“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.

1.3 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 thirty (30) days’ prior 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 Nineteen Thousand Six Hundred Dollars ($19,600) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

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

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

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

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 2 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

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

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

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

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

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

3.5 All Policies Requirements.

3.5.2 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.

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 3 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC
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, defend and hold harmless City and any and all of its officials, and employees from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, and officials from and against any liability (including liability for actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs, including reasonable legal counsel’s fees and costs, court costs, interest, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, the negligent 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.

6.4 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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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 4 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit A, if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $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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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 5 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC
Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. Upon full payment of all monies owed to the Consultant under this Agreement, 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, (hereinafter “Work Product”) 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. The restrictions on the use and disclosure of the confidential information shall not apply to information which (a) was known to the Consultant before receipt of same from the City; or (b) becomes publicly known other than through the Consultant; or (c) is disclosed pursuant to the requirements of a governmental authority or judicial order, but only to the extent required to comply with the said requirements of the government authority or judicial order.

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.

9.4 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.

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 6 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC

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:

Gregg Lebster
President
Environmental Management
Solutions, LLC dba WaterSolve
5031 68th Street SE
Caledonia, MI 49613
Any written notice to the City shall be sent to:

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

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

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

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

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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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, Professional Services Agreement - Page 7 of 7
City of Ripon WWTP Sludge Survey
Environmental Management Solutions, LLC
Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project.

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

CITY OF RIPON CONSULTANT
Gary Barton, Mayor Gregg Lebster, President
Environmental Management
Solutions, LLC dba WaterSolve
Attest:

Lisa Roos, City Clerk
Approved as to Form:

Thomas H. Terpstra Jr., City Attorney

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions,

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SONAR SURVEY PROPOSAL
Lagoon Sludge Survey
by
Prepared For: James Pease
City of Ripon, CA
[email protected]
Ph 209 599 2108
From: Eric Fish
Waterways Protection
[email protected]
Ph 619 417 8024
Prepared By: Daniel Wilcox
WaterSolve (A Solution Group Company)
[email protected]
Ph 616 826 4429
Date Issued: 8/21/2026
WaterSolve (A Solution Group Company)
5031 68th Street SE
Caledonia, MI 49613
Ph 616 575 8693
EXHIBIT A1.4.A.a
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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions,

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1. PROJECT PROPOSAL
WaterSolve LLC is pleased to submit the following project proposal for the sludge survey of four "Treatment Ponds" as shown in the image below:

1.1 Project Cost
The total project cost to conduct sludge survey at
Location of project: 1222 S Acacia Ave Ripon, CA

Four "Treatment Ponds"
= $19,600.00
+ applicable state, county, and city taxes

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions,

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2. PROJECT INTENT AND DELIVERABLES

2.1 Project Intent
The intent of conducting these lagoon surveys is to determine the in-situ sludge volume, the bone-dry tonnage of sludge, and the volatile (consumable) solids. This information can then provide facts to determine if improvements should be made to the lagoons or if quantities are such to require a sludge removal project. The data will provide a baseline for this moment in time to review in years to come as a reference so the client can understand the rate of sludge accumulation and effectiveness of the aeration etc., over a period of time.

2.2 Project Deliverable
WaterSolve LLC will provide the following deliverables once the survey is complete and the lab samples have been reported:
▪ A brief explanation of the methodology used to perform the survey. ▪ A quantity table that reveals the data for these items for each lagoon as it is on the day of the survey: Total Depth, Data Points Collected, Average Liquid Depth, Average Sludge Depth, Cubic Yards of Liquids, Cubic Yards of Sludge, % Dry Wt. Solids, % Volatile Solids, and Bone-Dry Tons.
▪ Color-coded sludge thickness map that depicts the depth of sludge throughout each lagoon.
▪ Sludge sample results for % solids in situ and % volatile solids. (Additional sludge analysis like metals may be added at an extra cost.)
▪ Observations made while taking the survey that may impact the health of the lagoons such as cattails present, offensive odors, septage hauler dump spots, or other items the crew observes that are noteworthy.
▪ Suggestions for improved performance and items of concern to address based on the information revealed by the survey.
▪ Samples will also be collected and sent to Watersolve’s treatability laboratory for evaluation of geotextile tube and mechanical dewatering. There is no additional cost for this testing.

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions,

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3. SONAR SURVEY METHODOLOGY
WaterSolve LLC proposes the sludge survey be performed with the following methodology:

A remote-controlled boat, retrofitted with a sonar device will read the depth from the surface of the water to the top of the sludge and collects a data point every second. Those data points are approximately every four to five feet as the boat is moving and are recorded on a SD memory card. The boat is guided throughout the lagoon in a pattern to gather data points that will reflect the entire lagoon. Once the boat is removed from the lagoon the SD card is removed and is uploaded into the proprietary sonar software program. The overall dimensions of the lagoon, as well as the slopes of the walls, are put into the program. The total depth for the lagoon from the surface of the floor to the top of the water on this day is also entered. The software then generates the average water depth and the average sludge depth and maps the sludge depths of the data points. This in turn calculates the volume of water and the volume of sludge in the lagoon.

SLUDGE COLLECTION
A two-man boat is placed in the lagoons and the technician will move about to gather sludge samples from four to six locations throughout each lagoon. The total depth from each location is also recorded to use as the average depth in the sonar survey calculation. The sludge sample from the four to six locations is then homogenized and placed in a labeled sample bottle. It is then placed in a cooler on ice to preserve it. The samples collected will be delivered to a lab by WaterSolve LLC at our expense.

4. A NOTE ON VOLUME CALCULATIONS
This Sludge Survey Report will be prepared by WaterSolve LLC (WS) for City of Ripon, CA , the (“Client”). It is intended to provide the client with an estimate of sludge quantity and lagoon hydraulic capacity.

The final report is based on data and information obtained by measuring pond depths with the sonar boat and verified using manual checks. Estimated sludge volumes are calculated using proprietary software. The client recognizes and acknowledges that estimated sludge volumes will vary from actual sludge volumes and that this report should be used only as a general guideline for planning maintenance desludging or dredging and should not be assumed to be an exact quantification of sludge volume. WS shall not be liable for any damages resulting from any difference between estimated sludge volumes and actual sludge volumes.

Furthermore, the liability of WS to the client and to all third parties shall be limited to injury or loss caused by the negligent acts, errors or omissions of WS. The client agrees to defend, indemnify, and hold harmless WS, its affiliates, officers, directors, employees, and agents from any and all liabilities, in excess of the limits of connection with the services provided. Such indemnity shall include the costs of the time spent and expenses incurred by WS and its affiliates in connection with the defense of any claims.

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions,

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5. PROJECT TERMS AND CONDITIONS
Project pricing is valid for 90 days from the date on the proposal.

WaterSolve Standard Terms and Conditions apply.

All aeration or mechanical mixing in the lagoons must be shut down a minimum of 2 hours prior to conducting the sonar survey to allow the suspended solids to settle out which will improve the accuracy of your survey. 12 hours is preferred to improve accuracy. There needs to be a minimum of 1.5 ft of free water above the sludge in the lagoons to provide an accurate survey. Any lagoon with less than this free space will be considered full of sludge. Any areas of the lagoon containing floating debris such as brush or cattails cannot be surveyed and will be adjusted and noted in the reports.

A purchase order or signed contract for these services and a credit application are required to initiate the project. We appreciate the opportunity to provide this survey and look forward to serving you with the results and our suggestions.

Payment is due upon receipt of the final report.

Sincerely, Signed:___________________________________
Daniel Wilcox, VP Sales & Operations
WaterSolve (A Solution Group Company )
Title:_____________________________________

Date:____________ P O #___________________

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Attachment: EMS LLC WWTP Lagoon Sludge Survey PSA (5189 : Professional Services Agreement - Environmental Management Solutions, City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/08/2026
Subject: Scope and Fee for Westwood Consulting
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Westwood Professional Services, Inc. to prepare the design plans and specification associated with the Phase 1 ACE Station project located on Industrial Avenue in the not to exceed amount of $125,000 (funding source: REAP grant).

BACKGROUND:

The City of Ripon and the San Joaquin Regional Rail Commission (SJRRC) previously entered into a Letter of Understanding (LOU) regarding the implementation of an Altamont Corridor Express (ACE) station in Ripon. Under the LOU, SJRRC agreed to take the lead in implementing the planned ACE station and the infrastructure necessary to support the station that is planned to be located on Industrial Avenue (next to the old Nestle water tower).

The planned improvements associated with the ACE station included:
 Construction of parking facilities on the east and west side of Industrial Avenue.  Reconstruction of Industrial Avenue from Main Street to Fourth Street.  Reconstruction of Fourth Street from Industrial Avenue to Stockton Avenue.  Removal of the water tower and realignment of Industrial Avenue.  Signage, security, and other improvements associated with the planned ACE station.

The design of these improvements have been completed to a 60 percent level.

DISCUSSION:

Since execution of the LOU, ACE has determined that implementation of the Ripon station will be delayed. Although the timing of the future ACE station remains uncertain, several of the planned infrastructure improvements could provide an immediate benefit to the City's transit operations and can be advanced independently of the station.

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The following figure shows the proposed phase 1 ACE station improvements to be implemented prior to the ACE train station, along with a description.

Industrial Avenue Transit Parking Lot: Construct the parking lot planned for the east side of Industrial Avenue. The parking lot would provide additional parking to support the City's transit operations and could ultimately serve the future ACE station.

Water Tower Removal: Remove the water tower located on Industrial Avenue.

Industrial Avenue Reconstruction and Realignment: Reconstruct and realign Industrial Avenue from the proposed parking lot south to Main Street. The improvements would establish the roadway configuration necessary to support the parking lot and improve circulation within the area.

Staff has requested a scope of services and fee from the consultant (Westwood Professional Services, Inc.) previously involved in preparing the project plans to complete the design of the proposed phase 1 ACE station planned improvements to a level sufficient for the City to advertise and bid the project.

The consultant has provided a scope of services to complete the design and prepare contract documents for bidding. The total fee is not to exceed $125,000. The $125,000 design cost would

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be funded with REAP funds allocated to the City through the San Joaquin Council of Governments.

Prior to construction, staff will prepare a funding plan for the construction phase of the project and present to the City Council. The completed design and bidding documents will provide the City with a more reliable construction cost estimate that can be used to evaluate future funding opportunities.

FISCAL IMPACT:

The proposed $125,000 design expenditure would be funded entirely from the City's available REAP funds.

Attachments:

1. 2026-08-06 PSA_Ripon Transit Parking Lot

1.4.C
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Professional Services Agreement - Page 1 of 8
Ripon Transit Parking Lot
Westwood Professional Services, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

WESTWOOD PROFESSIONAL SERVICES, INC
This Agreement for Professional Services (“Agreement”) is entered into on, September 8, 2026 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Westwood Professional Services, Inc (“Consultant”), (together sometimes referred to as the “Parties”).

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 One Hundred Twenty-Five Thousand Dollars ($125,000) 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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Westwood Professional Services, Inc.

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.

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

3.5 All Policies Requirements.

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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.

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.

6.6 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.

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

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).

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.

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Westwood Professional Services, Inc.

Section 9 MISCELLANEOUS PROVISIONS.

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:

Timothy Kim
Project Manager
Westwood Professional Services, Inc
1165 Scenic Drive, Suite A
Modesto, CA 95350
Any written notice to the City shall be sent to:

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Ripon Transit Parking Lot
Westwood Professional Services, Inc.

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

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 Click here to enter name., Click here to enter title.

Attest:
_________________________

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Westwood Professional Services, Inc.

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

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September 1, 2026
City of Ripon
Attn: Kevin Werner, PE
259 N. Wilma Avenue
Ripon, CA 95366
Re: Proposal of Services for the Ripon Transit Parking Lot – P0083236.00 Dear Kevin,
The enclosed proposal is based on a review of the completed 90% plan set and email correspondence and is intended to support the project through the construction phase.

Attached to this letter is our:
• Scope of Work
• Cost Proposal
• Schedule of Fees
We will commit the resources necessary to support this project and work within the budgets and schedules outlined herein. We look forward to positive feedback and continued correspondence with you. If you would like to proceed with this work, please confirm and we will prepare an agreement for your review and signature.

Sincerely,
Timothy Kim
Senior Project Manager, Infrastructure Design
Westwood Professional Services, Inc.

[email protected]
main (925) 223-8340
cell (925) 891-1026

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Project Description
Westwood Professional Services was contracted to prepare design documents for the Ripon Station Project with the San Joaquin Regional Rail Commission. The project went on hold and the City of Ripon has requested a proposal to complete the construction documentation for a portion of the Ripon Station Project with the addition of street and parking lot lighting. The portion of the project to be included in the improvement plan set is:
• East parking lot
o Pavers
o Outdoors sheltered sea=ng area
o Bike racks
o Removal of water tower
• Realignment and reconstruc=on of Industrial Avenue
o Paver roadway
o Sidewalk on both sides of the street
o Street lights
o Landscaping to match Main Street
Scope of Work
Task 1: Land Description Packages
• Land description packages are a component in the overall property acquisition process. o Prepare one land description package, including: a written description, a plat (exhibit), and closure report.
o Each land description package will support one acquisition type from a single owner across all contiguously owned legal parcels.
• Three (3) land description packages are anticipated. If additional land description packages are required, then Westwood will provide an additional scope and fee to prepare additional land description packages.

DELIVERABLES:
 Land descrip=on package signed and stamped by California licensed Professional Land Surveyor.

Task 2: 100% Construction Documents
Westwood will prepare final construction document improvement plans for permitting. The scope of work will include one (1) package: 100% documents including one set of revisions to address composite plan check from all review departments/agencies. Subsequent comment responses and revisions can be included once the scale of required revisions have been reviewed for an additional scope and fee.

Westwood will prepare lighting and electrical design documents for roadway and bus stop illumination, capturing photometric layouts, luminaire selection, circuiting, and electrical service design to support the proposed roadway and transit improvements.

1. Westwood will perform the following tasks to support the development of the Roadway & Bus Stop Lighting and Electrical Design.

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2. Prepare a site plan, electrical circuiting, Single Line Diagram, and other calculations for the same.

3. Prepare a photometric analysis for roadway and bus stop areas to confirm compliance with applicable lighting level standards.

4. Select appropriate luminaire types, pole heights, and mounting configurations based on roadway classification, bus stop amenities, and site constraints.

5. Westwood will participate, as needed, in up to (2) meetings with the utility in order to discuss optimal site layout, specific questions on acceptable equipment selections per the utility standards, and any considerations that affect equipment layout, circuit length, available service voltage(s), or any other immediate limitations to the service.

6. Westwood will prepare the technical elements for EV charging capabilities as required under the 2025 Title 24 CalGreen code requirement for non-residential parking installations.

The plan set will include the following sheets:

Civil Engineering
• Civil Cover sheet;
• Civil Notes sheet;
• Topographic Survey;
• Demolition Plan;
• Horizontal Control and Pavement Plan;
• Grading and Drainage Plan;
• Utility Plan;
• Plan and Profile;
• Erosion Control Plan;
• Signage and Striping Plan;
• City Standard Details;
• Construction Details;
• Sections;
Landscape Architecture
• Landscape General Notes and Details;
• Site Features and Fencing Plan;
• Planting Plan;
• Irrigation Plan;
• Landscape Construction Details;
• Irrigation Details;
• Planting Details;
Electrical
• Electrical Legend, Abbreviations, & Notes;
• Electrical Overall Site Plan;
• Electrical Street Lighting Plan;
• Electrical Site Lighting Plan;
• Electrical Street Photometrics Plan;
• Electrical Site Photometrics Plan;
• Lighting Fixture Schedule;

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• Title 24 Forms;
• Electrical Details;
A. Electrical Design - Exclusions

1. Load flow, grounding, or over voltage studies and the like.

2. No site visits are included in scope but can be performed under a separate scope.

B. Electrical Design - Assumptions

1. Westwood will provide a copy of the single-line to the utility for review and will pick up (1) round of comments as necessary per the utility’s review.

2. The client has a desired utility service location already selected.

3. Assumes a single submittal to the client for their review and a single submittal to the utility for its review.

4. All service/interconnection applications will be submitted once, and any utility studies, and/or related fees will be provided by others and are not included in this scope and fee.

5. Westwood does not guarantee approval of the service/interconnection application.

6. It is assumed that any additional roadway lighting phases, parking lot lighting, or related electrical infrastructure beyond the defined roadway and bus stop limits will be added under a separate scope and fee if necessary.

Deliverables
• Improvement Plans in PDF and CAD format (if requested); Task 3: Bidding Support/Construction Administration
Westwood will provide construction support services within the budgeted allocation and upon the request of the client. Services rendered may include:
• Review and respond to bidder/construction RFIs;
• Review of contractor submittals for compliance with approved civil improvement plans;
Westwood has included budget for two (2) site visits for each discipline for a total of six (6) site visits as needed to review field conditions and to perform a final punch walk. If additional site visits are required, then Westwood can provide this service for an additional scope and fee.

Deliverables
• RFI responses in PDF format
• Submittal responses in PDF format
Client to Provide
• Title report, if more current
• Geotechnical report, if more current
• Site access
• All agency fees
Limitations:
• Excludes infrastructure studies or investigations
• Excludes environmental review, studies, or documents

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• Excludes reimbursement analysis or studies
• Excludes traffic study and traffic signal design
• Excludes extensive off-site utility analysis
• Excludes topographic and boundary survey (previously completed) Cost Proposal
Task Description Fee Fee Type
1 Land Description Packages $6,000 T&M,NTE
2 100% Construction Documents
Civil Engineering $41,500 T&M,NTE
Landscape Architecture $25,000 T&M,NTE
Electrical Design $22,500 T&M,NTE
3 Bidding/Construction Support $30,000 T&M,NTE
TOTAL $125,000
T&M,NTE = Time and Material, Not to Exceed
Fees are valid for 90 calendar days from the date listed on the cover sheet of the proposal. All time and material basis work (including additional services, if any) will be performed pursuant to the current fee schedule (a copy of which is attached) unless otherwise negotiated or approved. The fees in this proposal are subject to an annual increase based on Westwood’s updated hourly rates.

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Schedule of Fees

FEE SCHEDULE FOR PUBLIC INFRASTRUCTURE SERVICES
2026 – California Region
The following is the fee schedule for all work performed under an hourly agreement.

Classification Hourly Rate
Admin I – Admin V...................................................................................................................... $125.00 – $180.00 Intern I – Intern III ....................................................................................................................... $100.00 – $135.00 Field Intern I – Field Intern II ........................................................................................................ $95.00 – $110.00 Remote Sensing Technician I – Remote Sensing Technician VI ................................................ $140.00 – $235.00 Remote Sensing Field Technician I – Remote Sensing Field Technician VIII ........................... $100.00 – $220.00 1 Person Geospatial Crew (w/truck) .............................................................................................................. $180.00 Dust Monitor ................................................................................................................................................... $80.00 Construction Observer I – Construction Observer V ................................................................... $125.00 – $185.00 Engineering Technician I – Engineering Technician VII ............................................................ $115.00 – $215.00 Graduate Engineer I – Graduate Engineer IV .............................................................................. $165.00 – $195.00 Engineer I – Engineer VII ........................................................................................................... $200.00 – $315.00 Environmental Field I – Environmental Field III ........................................................................ $115.00 – $135.00 Environmental Scientist I – Environmental Scientist VIII .......................................................... $130.00 – $265.00 GIS I – GIS VIII ........................................................................................................................ $110.00 – $220.00 Graduate/Landscape Designer I – Graduate/Landscape Designer IV ......................................... $155.00 – $195.00 Landscape Architect I – Landscape Architect VI ........................................................................ $175.00 – $260.00 Assistant Project Manager I – Assistant Project Manager III ...................................................... $205.00 – $230.00 Project Manager I – Project Manager VII ................................................................................... $215.00 – $340.00 Survey Field I – Survey Field VII ................................................................................................. $80.00 – $275.00 Survey Technician I – Survey Technician VI .............................................................................. $120.00 – $210.00 Graduate Surveyor I – Graduate Surveyor III ............................................................................. $155.00 – $180.00 Surveyor I – Surveyor VI ............................................................................................................ $175.00 – $280.00 Project Processor I – Project Processor II ..................................................................................... $95.00 – $115.00 Project Coordinator I – Project Coordinator III ........................................................................... $145.00 – $165.00 Senior Project Coordinator I – Senior Project Coordinator II ..................................................... $175.00 – $190.00 GMS Technician I – GMS Technician IV ..................................................................................... $90.00 – $125.00 GMS Engineer I – GMS Engineer IV ......................................................................................... $145.00 – $195.00 Field Engineer I – Field Engineer IV .......................................................................................... $120.00 – $165.00 Researcher I – Researcher IV ........................................................................................................ $95.00 – $145.00 Expert Witness – Court Appearance/Deposition ............................................................................................ 2 x rate Westwood Current™ (Geospatial Project Management Tool) Setup and Licensing ....... $1000.00+ Specialized Geospatial Equipment – Per Day Use ......................................... $200.00 - $3,500.00 Charges for Other Direct Costs, Outside Services, and facilities furnished by Westwood are computed on the basis of actual cost-plus 15 percent, unless Westwood otherwise agrees in writing

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Packet Pg. 112 Attachment: 2026-08-06 PSA_Ripon Transit Parking Lot (5211 : Scope and Fee for Westwood Consulting) PROJECT #: 83236
PROJECT: Ripon Transit Parking Lot
CLIENT: City of Ripon
DATE: Wednesday, September 2, 2026
Surveyor III
Surveyor I
Project Manager V
Engineer II
Graduate Engineer II
Landscape Architect V
Landscape Architect IV
Graduate Landscape
Designer II
Engineer II
Graduate Engineer I
Reimbursables
(15% markup)
Hours
Task Subtotal
Task Total Fee
Base Rate $220.00 $175.00 $310.00 $195.00 $175.00 $235.00 $215.00 $170.00 $195.00 $160.00 TASK 1: LAND DESCRIPTION PACKAGES 5 28 0 0 0 0 0 0 0 0 $0 33 $6,000 $6,000

1.0 Land Description Packages 5 28 33 $6,000 $6,000
TASK 2: 100% CONSTRUCTION DOCUMENTS 0 0 25 95 87 20 28 84 44 87 $0 470 $89,000 $89,000

2.1 Civil Engineering 25 95 87 207 $41,500 $41,500

2.2 Landscape Architecture 20 28 84 132 $25,000 $25,000

2.3 Electrical Design 44 87 131 $22,500 $22,500
TASK 3: BIDDING SUPPORT/CONSTRUCTION ADMINISTRATION 0 0 8 26 14 2 4 51 16 43 $0 164 $30,000 $30,000

3.1 Bidding Support/Construction Adminstration 8 26 14 2 4 51 16 43 164 $30,000 $30,000 5 28 33 121 101 22 32 135 60 130 667
$1,100 $4,900 $10,230 $23,595 $17,675 $5,170 $6,880 $22,950 $11,700 $20,800 $0 $125,000 $125,000 $0
$1,100 $4,900 $10,230 $23,595 $17,675 $5,170 $6,880 $22,950 $11,700 $20,800 $0 $125,000 Project Fees by Task
Westwood Professional Services, Inc.

TASK/DESCRIPTION
MARK-UP 15%GRAND TOTAL (BASE SCOPE)TOTAL HOURSTOTAL COST

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Attachment: 2026-08-06 PSA_Ripon Transit Parking Lot (5211 : Scope and Fee for Westwood Consulting) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen, Associate Civil Engineer
Date: 09/08/2026
Subject: Measure K Renewal Cooperative Agreement - Ripon Safe Routes to School Improvements
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Second Amendment to Measure K Renewal Cooperative Agreement No. C-22-028 A2 with San Joaquin Council of Governments (SJCOG), extending the agreement term through June 30, 2027, for the Measure K Renewal Smart Growth Incentive Program grant reimbursement awarded for the Ripon Safe Routes to School Improvements Project.

BACKGROUND
The City of Ripon was awarded two grants for the Ripon Safe Routes to School Improvement Project - a Measure K Renewal Smart Growth Incentive Program grant and a Congestion Mitigation and Air Quality (CMAQ) grant. This project includes pedestrian and bicycle safety improvements, as described below:

Second Street – Installation of a Class III bikeway, consisting of signage that identifies a preferred bike route, from South Wilma Avenue to Palm Avenue, and a Class II bikeway, consisting of a painted bicycle lane along the street, from Palm Avenue to South Stockton Avenue. Intersection improvements will also be completed at S. Acacia Avenue, S.

Locust Avenue, and S. Stockton Avenue, including curb extensions to reduce the length of crosswalks and installation of high visibility markers or pavers at these intersections.

These improvements were included in the adopted Downtown Circulation Study Streetscape Improvements Master Plan.

At the April 12, 2022 City Council meeting, Council approved the Measure K Renewal Cooperative Agreement (C-22-028) with SJCOG, which established the terms of reimbursement and the project schedule associated with the $842,252 Measure K Renewal Smart Growth Incentive Program grant.

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DISCUSSION
Due to project delays, City Council approved Amendment 1 to Agreement C-22-028 at its November 12, 2024 meeting, extending the term through June 30, 2026.

Further project delays have resulted in the need for an additional extension of the agreement term. The proposed Second Amendment would extend the agreement term from June 30, 2026, through June 30, 2027, allowing additional time to complete the project and receive reimbursement for eligible project expenditures under the Measure K Renewal Smart Growth Incentive Program.

Staff recommends that the City Council approve the Second Amendment C-22-028 A2 and authorize the Mayor to execute the agreement on behalf of the City.

FISCAL IMPACT
The table below summarizes the funding sources for the estimated $1,645,000 of construction cost for the Ripon Safe Routes to School Improvements project:

Funding Sources: Amount
Measure K Smart Growth Incentive Funds $842,252
CMAQ $472,607
City of Ripon
(Streets and Roads Operating Fund) $330,000
TOTAL $1,645,000
Attachments:

1. MK Amd 2_SRTS C-22-028 A2

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AMENDMENT No. 2
TO THE MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-22-028)

FOR RIPON SAFE ROUTES TO SCHOOL IMPROVEMENTS
This Amendment No. 2 to the Measure K Renewal Cooperative Agreement for the City of Ripon’s Safe Routes to School Improvements project is made this 2nd day of July, 2026 by and between the City of Ripon ("Sponsor") and the San Joaquin Council of Governments, acting as the Local Transportation Authority ("Authority").

RECITALS
a. On June 25, 2026, the SJCOG Board approved amending the terms of the City of Ripon’s Safe Routes to School Improvements Cooperative Agreement to extend the Agreement term through June 30, 2027.
b. The parties now desire to amend the Agreement as set forth herein.

IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, and year first written above.

SAN JOAQUIN COUNTY

TRANSPORTATION AUTHORITY
By:____________________________

GARY SINGH
Chair
By:____________________________

DIANE NGUYEN, AICP

CITY OF RIPON
By:____________________________

GARY BARTON
Mayor
ATTEST:

By:____________________________

LISA ROOS
Clerk Executive Director
ATTEST:

By:____________________________

GRACE OROSCO
Deputy Director of Finance &
Administration
C-22-028 A2

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Packet Pg. 116 Attachment: MK Amd 2_SRTS C-22-028 A2 (5205 : Measure K Renewal Cooperative Agreement - Ripon Safe Routes to School Improvements) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 09/08/2026
Subject: Drone Replacement
RECOMMENDED ACTION:

Approve and authorize the purchase of a Matrice 4T Urban Scout Package Drone for Police Department use in the not to exceed amount of $9,785.88 (funding source: General Capital Fund).

BACKGROUND:

The Ripon Police Department is currently without operational drones for its Unmanned Aerial System (UAS) program. This purchase will replace two out-of-service units, originally acquired in 2017 and 2023, that are beyond repair.

Only authorized operators who have completed the required training shall be permitted to operate the drone. Drones support patrol operations when conducting search warrants, crime scene/traffic collision documentation, criminal investigations, searching for missing persons and locating illegal encampments along the river.

FISCAL IMPACT:

The City of Ripon's fiscal impact for the purchase of the Matrice 4T Urban Scout Package Drone would not exceed $9,785.88. The expense will be funded by the General Capital Fund (current projected balance: $1.2 million).

Attachments:

1. Drone Quote

1.4.E
Packet Pg. 117
Prepared by:

Steven Gaskins
[email protected]
DSLRPros.com
Phone: (213)-373-5394
Date Created: 09/03/2026
Prepared for:

Danny Sauer
Ripton Police Department
Quote ID: DFR7T-W7JSN-STDGY-YV2FY

1.4.E.a
Packet Pg. 118 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

Matrice4T UrbanScoutPackage
Name Price QTY SKU Subtotal

ESSENTIAL KIT
DJI Matrice 4T Universal Edition
• 1x DJI Matrice 4T
• 1x DJI Matrice 4 Series Battery
• 1x DJI RC Plus 2 Enterprise
• 1x DJI 100W USB-C Power Adapter
• 1x DJI Matrice 4 Series Charging Hub
• 1x microSD Card
• 1x DJI Matrice 4T Gimbal Protector
• 1x DJI Cellular Dongle 2 Pry Bar
• 3x DJI Matrice 4 Series Propellers
• 1x 100W Power Adaptor AC Cable
• 1x USB-C to USB-C Data Cable
• 1x USB-A to USB-C Data Cable
• 1x DJI Matrice 4 Series Storage Case
• 1x DJI Matrice 4 Series Storage Case Shoulder Strap
• 3-months Free DJI Terra Pro License
S-DJI-M4T
$7,099.00 1 S-DJI-M4T $7,099.00

1.4.E.a
Packet Pg. 119 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

DSLRPros Care Plus for DJI Matrice 4T (1-Year)
• Coverage Length: 13 months from the date your
product ships
• What’s Covered: Accidental damage from pilot
error, collisions, drops, water exposure, signal
interference, and internal malfunctions
• What’s Not Covered: Intentional misuse,
modifications, loss or theft, cosmetic wear,
consumables (such as propellers or batteries), or
operation outside manufacturer guidelines
• Replacements: One replacement during the
coverage term, with no deductible. The
replacement may be new or refurbished. If the
covered product is unavailable, we’ll provide a
product with similar capabilities.
• How to File a Claim: Notify [email protected]
within 7 days of an incident. Ship the product using
the label we provide.
• Eligibility: The policy must be purchased before
your product ships from DSLRPros. Coverage
applies only to the original purchaser.
$1,199.00 1 V-DSLR-4TCP$1,199.00
DJI Matrice 4 Series Battery
• 1x Matrice 4 Series Intelligent Battery
S-DJI-M4-BAT
$249.00 3 S-DJI-M4-
BAT
$747.00
UniOEM Air Drop System for DJI Matrice 4T / Matrice
4E
• 1x UniOEM Air Drop System for DJI Matrice 4T /
Matrice 4E
S-M4T-DP01
$499.00 1 S-M4T-DP01 $499.00

1.4.E.a
Packet Pg. 120 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

DJI AL1 Spotlight
• 1x DJI AL1 Spotlight
• 2x Spare Screw
• 1x Hex Key
S-DJI-AL1
$449.00 1 S-DJI-AL1 $449.00
DJI AS1 Speaker
• 1x Speaker
• 1x Spare Adapter Bracket
• 1x Hex Key
S-DJI-AS1
$288.00 1 S-DJI-AS1 $288.00

OPTIONAL ACCESSORIES
(Optional items will not reflect in total unless selected) DJI Matrice 4 Series Propellers
• 1x DJI Matrice 4 Series Propellers Pair
S-DJI-M4-PROP
$29.00 2 S-DJI-M4-
PROP
$58.00
DJI Matrice 4 Series Propeller Guard
• 1x DJI Matrice 4 Series Propeller Guard
S-DJI-M4-PG
$79.00 1 S-DJI-M4-PG $79.00

1.4.E.a
Packet Pg. 121 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

DJI WB37 Intelligent Battery (4920mAh)
• 1x DJI WB37 Intelligent Battery

S-DJI-CS-CEN-INT-BATT
$99.00 1 S-DJI-CSCEN-INTBATT$99.00
DJI WB37 Battery Charging Hub (USB-C)
• 1x DJI WB37 Battery Charging Hub (USB-C)

S-DJI-CS-CEN-BATT-CHRG-HUB
$109.00 1 S-DJI-CSCEN-BATTCHRG-HUB$109.00
DJI Manifold 3
• 1x DJI Manifold 3
$1,799.00 1 S-DJIMANIFOLD-3$1,799.00
DJI Manifold 3 Accessory Kit (Matrice 4 Series)
• 1x Connector (Matrice 4)
• 1x Coaxial Cable (Matrice 4)
• 6x Connector Screw (Manifold 3)
• 2x Coaxial Cable Screw (Manifold 3)
• 1x Phillips Screwdriver
• 1x Hex Key
S-DJI-MAN-ACC-M4
$59.00 1 S-DJI-MANACC-M4$59.00
DSLRPROS 27" Mobile Display Suitcase
• 1x DSLRPros 27" Mobile Display Suitcase
• 1x 1.5 meters AC Cable
• 1x 0.8 meters Bluetooth Remote Control
• 1x USB-C Cable
• 1x User Manual
S-27DISSUIT-CASE
$999.00 1 S-27DISSUITCASE$999.00

1.4.E.a
Packet Pg. 122 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

Colorado Drone Chargers DJI Matrice 4 Series
PRCS
• 1x Colorado Drone Chargers 500W Portable Rapid
Charging System
• 1x AC Power Cord
S-CDC-M4T-PRCS
$1,345.00 1 S-CDC-M4TPRCS$1,345.00
SanDisk 128GB Extreme PRO® microSDXC™
UHS-I Card
• 1x SanDisk 128GB Extreme PRO® microSDXC™ UHSI Card
S-SD-128GB-EP
$55.99 1 S-SD-128GBEP$55.99
SanDisk 256GB Extreme PRO® microSDXC™
UHS-I Card
• 1x SanDisk 256GB Extreme PRO® microSDXC™ UHSI Card
S-SD-256GB-EP
$92.99 1 S-SD-256GBEP$92.99
Drone Landing Pad
• 1x Drone Landing Pad
$16.00 1 S-NB-LPAD $16.00

OPTIONAL SERVICES

1.4.E.a
Packet Pg. 123 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent. (Optional items will not reflect in total unless selected) Deployment-Ready Configuration (10% of
Selected Hardware)
One enterprise aircraft or payload. Activation, firmware, controller/account setup, baseline profiles, configuration record, readiness checklist, and 1-hour virtual overview. $0.00 1 SVC-DEPRDY-S$0.00
One-Day Virtual Training
Up to eight participants. Live instructor-led virtual session, digital course materials, knowledge checks, Q&A, curated follow-on content, and DSLRPros Academy completion
certificates.
$2,000.00 1 TRN-VIRT-1D $2,000.00
Two-Day On-Site Training
Up to eight participants. Classroom instruction,
aircraft/system orientation, supervised practical exercises, standard skills evaluation, course materials, and completion certificates.
$4,000.00 1 TRNONSITE-2D$4,000.00
FREE Lifetime Customer Care & Technical
Support Via Phone, Email & Chat
$0.00 1 B-LC-TS $0.00
AirData Enterprise + Live Streaming Bundle - 1
Drone, 1 User, 20 Hours for 1 Month (Free Trial)
• 1x AirData Enterprise Management + Live
Streaming Bundle - 1 Drone (1 Month) Free Trial
B-AD-EELS-120-FREE
$0.00 1 B-AD-EELS120-FREE$0.00
AirData Enterprise Management + Live
Streaming Bundle - 1 Drone (1 Year)
• 1x AirData Enterprise Management + Live
Streaming Bundle - 1 Drone (1 Year)
B-AD-EELS-120
$1,040.00 1 B-AD-EELS120$1,040.00
PIX4Dreact
• Contact our customer support team to know more
about PIX4Dreact subscription tiers
$1,990.00 1 V-PXR-P $1,990.00

1.4.E.a
Packet Pg. 124 Attachment: Drone Quote (5225 : Drone Replacement) www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

SHIPPING & HANDLING
Ground Shipping $0.00 1 V-NB-SHIP $0.00
*** Sales Tax applicable if shipping inside US ***
Subtotal $9,082.00
Tax $703.88
Total $9,785.88

1.4.E.a
Packet Pg. 125 Attachment: Drone Quote (5225 : Drone Replacement)

1.4.E.a
Packet Pg. 126 Attachment: Drone Quote (5225 : Drone Replacement)

1.4.E.a
Packet Pg. 127 Attachment:

1.4.E.a
Packet Pg. 128 Attachment:

1.4.E.a
Packet Pg. 129 Attachment: Drone Quote (5225
www.dslrpros.com | 877-299-1075
19850 Nordhoff Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.

Please contact your sales consultant, if you would like to pay via card.

Payment Information (Check)
Remit Payment to:
19850 Nordhoff Pl. Chatsworth, CA 91311
Please Make all Checks Payable To:

Enterprise UAS, LLC dba DSLRPros
Payment Information (ACH)
(*Typically post same day to 2 - 4 business days after sending*) Beneficiary Name: Enterprise UAS, LLC dba DSLRPros
Bank Name: JP Morgan Chase
Bank Address: 300 S. Grand Avenue, Los Angeles, CA 90071 Account # 339702307
Routing # 322271627
Payment Information (WIRE)
(*Typically post same day to 1 business day after sending*) Beneficiary Name: Enterprise UAS, LLC dba DSLRPros
Bank Name: JP Morgan Chase
Bank Address: 300 S. Grand Avenue, Los Angeles, CA 90071 Account # 339702307
Routing # 021000021
Apply For Financing Here
About Hil Financial
Please sign & date the proposal if you would like to proceed with your order

1.4.E.a
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a
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      This information and pages 4-14 have been redacted or removed because they contain personal individual account information. LR 09/01/2026
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Packet Pg. 133 Attachment: Bank of Stockton semi-annual fee invoice 2026.08 (5218 : Bank of Stockton) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/08/2026
Subject: General Services Agreement - Keesey Design
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Keesey Design to prepare revised site development and architectural concepts for three detached singlefamily affordable housing units at 122 N. Elm Avenue in the not to exceed amount of $9,250 (funding source: City's Affordable Housing Fund).

BACKGROUND:

The City has been evaluating opportunities to utilize the underdeveloped City-owned property located at 122 N. Elm Avenue, adjacent to the Library in the Downtown District, for the development of affordable housing. The property is currently zoned R4 (Multiple Family Residential).

As part of this effort, the City previously retained Keesey Design to prepare site and architectural concepts for an attached townhouse development on the property. The intent of the project was to construct the units utilizing resources available through the City's Affordable Housing Fund and ultimately sell the completed homes as affordable units to qualified buyers.

Keesey Design completed the initial conceptual design work for the attached townhouse project, including a site layout, floor plans, and architectural elevations intended to complement the character of the surrounding neighborhood and Downtown District.

Following completion of the initial design concept, staff conducted additional due diligence regarding the design, construction, ownership, and long-term administration of an attached residential development. Through this process, several challenges associated with proceeding with an attached product were identified.

Packet Pg. 134
DISCUSSION/ANALYSIS:

Although an attached townhouse development could physically accommodate the City's affordable housing objectives for the site, staff's subsequent evaluation identified additional costs and complexities that could significantly affect the feasibility of the project.

In particular, attached residential construction presents additional architectural, engineering, construction, liability, and ownership considerations that are not generally associated with detached single-family construction. Staff has also found that fewer architectural and engineering firms are willing to undertake attached residential projects due, in part, to increased professional liability concerns. This can result in higher design and engineering costs and may ultimately increase construction costs.

An attached development would also require the establishment of a homeowners association (HOA) or similar entity to address common areas, shared building components, insurance, maintenance responsibilities, and other ongoing obligations. Because the City's objective is to sell the completed homes as affordable units to qualified buyers, the creation and long-term administration of an HOA would introduce additional costs and responsibilities for the future homeowners. There is also the potential that responsibility for establishing or administering the HOA could initially fall upon the City.

Based upon these considerations, staff believes it would be prudent to reconsider the original attached townhouse concept and evaluate a simpler detached single-family development alternative.

Staff has therefore requested a proposal from Keesey Design to develop a revised concept consisting of three detached single-family homes on the same 122 N. Elm Avenue property. The intent is to retain the general architectural character and design elements developed through the original townhouse concept while reconfiguring the project as detached homes.

The detached concept is anticipated to simplify the project's design, engineering, construction, ownership, and long-term maintenance structure while still accomplishing the City's primary objective of creating new affordable homeownership opportunities near the Downtown District.

Keesey Design has submitted a proposal in the amount of $9,250 to prepare the revised site development and architectural concept.

At this stage, staff is requesting authorization to proceed with the revised design work only.

Once the concept has been sufficiently developed, staff will be in a better position to evaluate anticipated architectural and engineering costs, construction costs, utility and site improvement costs, and other expenses associated with completing the project.

Staff will then return to the City Council with a more detailed project budget and proposed funding plan for consideration before proceeding with subsequent phases of the development.

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FISCAL IMPACT:

The proposed agreement with Keesey Design is for an amount not to exceed $9,250. Funding for the design services would be provided through the City's Affordable Housing Fund, which currently has an approximate balance of $2.6 million.

The City previously authorized and expended $13,200 for Keesey Design's initial site planning and architectural design work for the attached townhouse concept. With the proposed additional authorization of $9,250, the City's total design expenditure with Keesey Design for the 122 N.

Elm Avenue property would be $22,450.

While a portion of the previous design work will need to be revised to accommodate detached single-family homes, the architectural character and certain design elements developed through the original work are intended to be carried forward into the revised concept. Staff believes the additional design expenditure is warranted given the potential cost savings and reduced complexity associated with developing detached units rather than proceeding with the original attached townhouse concept.

Approval of the agreement does not commit the City to construction of the project. Following completion of the revised design concept and development of more detailed project cost estimates, staff will return to the City Council with a proposed project budget and funding plan for consideration before proceeding with construction.

Attachments:

1. Professional Services Agreement - Keesey Design

2. Exhibit A

3. Colored Rendering
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Professional Services Agreement - Page 1 of 7
122 N. Elm Affordable Housing Project
Keesey Design

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

KEESEY DESIGN
This Agreement for Professional Services (“Agreement”) is entered into on, September 8, 2026 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Keesey Design (“Consultant”), (together sometimes referred to as the “Parties”).

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Nine Thousand Two Hundred Fifty Dollars ($9,250) for all work described in the “Scope of Work” within the 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. a
Packet Pg. 137 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 2 of 7
122 N. Elm Affordable Housing Project
Keesey Design
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)

3.5 All Policies Requirements.

3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.
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Packet Pg. 138 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 3 of 7
122 N. Elm Affordable Housing Project
Keesey Design

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

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

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

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

Section 5. STATUS OF CONSULTANT.

Section 6. LEGAL REQUIREMENTS.

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

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

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
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Packet Pg. 139 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 4 of 7
122 N. Elm Affordable Housing Project
Keesey Design

Section 7. MODIFICATION.

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

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 a
Packet Pg. 140 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 5 of 7
122 N. Elm Affordable Housing Project
Keesey Design
$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.

Section 9 MISCELLANEOUS PROVISIONS.

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.
a
Packet Pg. 141 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 6 of 7
122 N. Elm Affordable Housing Project
Keesey Design

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:

John Keesey
Project Manager
Keesey Design
1125 E. Main Street
Turlock, CA 95380
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

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.
a
Packet Pg. 142 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Professional Services Agreement - Page 7 of 7
122 N. Elm Affordable Housing Project
Keesey Design

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 John Keesey, Keesey Design
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr., City Attorney
a
Packet Pg. 143 Attachment: Professional Services Agreement - Keesey Design (5223 : General Services Agreement - Keesey Design) Exhibit A
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Packet Pg. 145 Attachment: Colored Rendering (5223 : General Services Agreement - Keesey Design) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 09/08/2026
Subject: SB 707 - Disruption of Meetings Policy
RECOMMENDED ACTION:

Staff recommends the Council adopt this resolution approving the City of Ripon’s Disruption of Meetings Policy to comply with applicable State laws.

BACKGROUND:

The Ralph M. Brown Act (Government Code section 54950 et seq.) imposes open meeting requirements on local legislative bodies. In 2025, the Legislature adopted Senate Bill 707 (SB 707), which establishes new requirements for teleconferencing, remote public access, and public meeting participation for eligible legislative bodies.

The City Council is the only City legislative body subject to the new SB 707 requirements.

These requirements do not apply to the Planning Commission, Recreation Commission, or other City committees.

DISCUSSION/ANALYSIS:

SB 707 requires the City Council to provide remote public participation and adopt procedures addressing disruptions during public meetings, whether due to service or members of the public.

Remote Public Participation
SB 707 requires eligible legislative bodies to provide the public with a means to remotely hear and observe meetings and participate in real time. Remote participation may be provided through a two-way audiovisual platform or two-way telephonic service, together with live webcasting. A one-way webcast (livestream) alone does not satisfy the interactive participation requirement.

To comply with these requirements, the City will resume using Zoom for City Council meetings.

Members of the public may participate remotely through Zoom or by telephone using the Zoom call-in feature. The City will continue to allow public comment in person and via e-mail to the City Clerk using the Public Comment Form.

2.A
Packet Pg. 146
Remote participants will be provided the same opportunity to address the City Council as those attending in person, including the same time allotment.

When the Mayor announces the beginning of an agenda item, remote participants wishing to speak may use Zoom’s “raise hand” feature or the telephone equivalent of entering *9 to notify the City Clerk they are requesting to speak. Following the staff presentation, the Clerk will provide the Mayor with the list of individuals requesting to address the City Council. The Mayor will then recognize each speaker and provide the applicable time allotment. Following public comment, remote speakers will not engage in back-and-forth discussion with the Council, and the Mayor will proceed with comments from individuals attending in person.

Meeting Disruptions
The City Council is committed to conducting public meetings in a manner that is respectful and consistent with applicable law. Public participation is an important component of the City’s decision-making process, and members of the public are encouraged to communicate their views on matters to the City Council, whether in-person or remote.

Disruption due to Service
SB 707 requires the City to adopt procedures addressing disruptions to telephone or internet service that prevent members of the public from observing or participating in a meeting remotely. The policy must also address the City's efforts to restore service.

The proposed policy establishes the following procedures if there is a technological disruption of service:
o The Mayor or designee will immediately announce a service disruption to the public when it becomes known and the Mayor shall call a recess for up to one hour while staff makes a good faith effort to restore service.
o After one hour, if service has not been restored, the Mayor or designee will provide an update on staff’s efforts. The Council may then reconvene to adjourn the meeting, extend the recess, or continue the meeting.

Disruption due to a Member of the Public
If an individual is participating in-person or by remote access and their conduct during a public meeting becomes disruptive and interferes with the orderly conduct of a meeting, the proposed policy establishes the following procedures:
o The Mayor or their designee will first warn the individual whose conduct is disputing the meeting and advise that continued disruptive behavior may result in their removal. o If the behavior continues, the Mayor may direct staff to mute or remove the individual from the meeting.

In the event of in-person disruption of a meeting, State law also allows for similar procedures to be applied that can result in the removal of a person from a meeting. In the interest of fairness and equity, staff has made these procedures applicable to both inperson and remote attendees.

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The proposed policy is required to be adopted in open session and is not intended to be adopted solely as a consent-calendar item.

The attached Disruption of Meetings Policy incorporates the statutory requirements of SB 707 and Government Code Section 54957.95 and establishes procedures for responding to disruptions while maintaining transparency, public access, and continuity of City Council meetings.

FISCAL IMPACT:

N/A
Attachments:

1. SB707 -Disruption of Meetings Policy

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RESOLUTION NO. 26-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ADOPTING A DISRUPTION OF MEETINGS POLICY
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq) imposes open meeting requirements on local legislative bodies; and WHEREAS, on October 3, 2025, the Governor of the State of California signed Senate Bill 707 (SB 707), which established new requirements related to teleconferencing, remote public access, and public participation in meetings; and WHEREAS, SB 707 requires certain legislative bodies to adopt a policy addressing disruptions to meetings; and
WHEREAS, Government Code section 54953.4 requires eligible legislative bodies to provide members of the public a real-time opportunity to attend and participate using a two-way audiovisual platform or a two-way telephonic service, and a one-way webcast does not, by itself, satisfy that requirement; and
WHEREAS, the City Council is the only legislative body of the City of Ripon required to comply with those SB 707 requirements, which do not apply to the Planning Commission, the Recreation Commission, or other City committees; and
WHEREAS, the policy must establish procedures for recessing and reconvening meetings when a technological disruption prevents member of the public from accessing, observing or participating in a meeting through the required two-way telephonic or audiovisual platform; and
WHEREAS, Government Code section 54957.95 authorizes a legislative body to warn, mute, and, if necessary, remove a person whose behavior actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of a meeting, including immediate removal of a person engaging in the use of force or a true threat of force; and WHEREAS, the policy must outline the City’s process for attempting to restore service to the remote participation option of the meeting, should there be a disruption of telephonic or internet services; and
WHEREAS, the City Council finds that adoption of the attached Policy will promote transparency, public access, orderly conduct of meetings, and compliance with the Brown Act as amended by SB 707; and
WHEREAS, the City desires to adopt the Disruption of Meetings Policy to comply with current laws.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon hereby adopts the City of Ripon Disruption of Meetings Policy, as attached hereto in Exhibit “A”.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of September, 2026, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
GARY BARTON, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Exhibit A

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CITY OF RIPON

DISRUPTION OF MEETINGS POLICY

1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt a policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.

2. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Ripon, to the extent required by the Brown Act (Government Code section 54953.4). The policy also includes procedures for warning, muting, and removing disruptive remote or inperson attendees consistent with Government Code section 54957.95.

3. Definitions
“Service Disruption” means any failure, outage, or other interruption to the City’s remote access services that prevents members of the public from participating in a City Council meeting through the remote access service.
“Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Ripon, including, but not limited to, this Policy. b. Engaging in behavior that constitutes use of force or a true threat of force. “Presiding Officer” means the Mayor, or in the Mayor’s absence the Vice Mayor or, in the absence of both, the Council Member with the lowest-numbered seat on the Council. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.
“Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.

SAMPLE POLICY

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Packet Pg. 151 Attachment: SB707 -Disruption of Meetings Policy (26-33 : SB 707 - Disruption of Meetings Policy) Exhibit A

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“True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.

4. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Government Code section 54953.4. It does not apply to closed sessions. Consistent with Government Code section 54953.4, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of Ripon is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of Ripon and over which the federal or state officials have jurisdiction. d. Meetings held in or nearby a facility owned by the City of Ripon, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.

5. Response to Service Disruption
If a service disruption occurs during a meeting subject to the requirements of this Policy:
a. The Presiding Officer or designee shall immediately announce the service disruption to the public.
b. The Presiding Officer shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. The recess shall last for one hour or until service is restored, whichever is earlier. c. During the recess, the City of Ripon staff shall make a good faith effort to diagnose and restore the disrupted service.

6. Reconvening the Open Session
After the expiration of the recess described in Section 6, or any extension thereof, if service has not been restored, the Presiding Officer, or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn or continue the meeting;

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b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Ripon has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.

7. Recordkeeping
If a service disruption occurs during a meeting subject to the requirements of this Policy, the City Clerk shall enter a brief statement into the meeting minutes, including:
 The nature and time of the service disruption;
 The time the meeting was reconvened (if applicable);
 Any finding adopted pursuant to Section 7.

8. Response to Members of the Public Disrupting a Meeting If the Presiding Officer or their designee becomes aware of a member of the public who is attending the meeting through remote access services or in person and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Presiding Officer or their designee shall warn the person that they are disrupting the meeting and their failure to cease that behavior may result in their removal. b. If the person to whom the Presiding Officer or their designee gave the above warning persists in disrupting the meeting, the Presiding Officer may order staff to:
i. mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. remove the individual from the meeting.
c. Any person engaging in the use of force or a true threat of force may be subject to immediate expulsion from the meeting.

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Packet Pg. 153 Attachment: SB707 -Disruption of Meetings Policy (26-33 : SB 707 - Disruption of Meetings Policy) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/08/2026
Subject: Tentative Subdivision Map
Project Description:

The applicant requests City Council approval of Tentative Subdivision Map (S26-60) to convert four existing multi-tenant light industrial buildings, located on two existing parcels at 505 and 707 Doak Boulevard, into twenty-two commercial condominium units.

The proposed subdivision would establish separate ownership interests for the existing individual tenant suites. No new construction, building expansion, change in land use, or increase in development intensity is proposed. The existing buildings, site improvements, and overall operation of the development would remain substantially unchanged, with shared improvements and common areas maintained through a Commercial Owners Association, reciprocal easement agreements, and associated governing documents.

The Planning Commission considered the application at its July 20, 2026 meeting and recommended that the City Council approve Tentative Subdivision Map (S26-60), subject to the conditions of approval contained in this staff report. No members of the public spoke in opposition to the proposed project at the Planning Commission meeting.

Background and Existing Conditions:

The approximately 4.8-acre project site is located at 505 and 707 Doak Boulevard within the M-1 (Light Industrial) zoning district and is designated Light Industrial by the Ripon General Plan. The site is developed with four multi-tenant industrial buildings and associated parking, loading areas, internal circulation, landscaping, utilities, storm drainage improvements, and other supporting site infrastructure.

The buildings and associated improvements have historically operated as a single, integrated industrial development under common ownership. The proposed Tentative Condominium Subdivision Map would not authorize new construction, building expansion, a change in land

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use, or an increase in development intensity. Its purpose is to establish separate ownership interests for the existing industrial suites while preserving the coordinated operation and maintenance of the overall development.

Existing parking areas, drive aisles, loading areas, utilities, landscaping, lighting, fire protection facilities, and other common improvements would remain substantially unchanged. Because ownership could transition from a single owner to as many as twentytwo individual condominium owners, comprehensive reciprocal easement agreements, Cityapproved Covenants, Conditions and Restrictions (CC&Rs), and a Commercial Owners Association are necessary to clearly establish ownership rights, maintenance responsibilities, cost-sharing obligations, and long-term management of shared improvements. These documents will help ensure that the development continues to function as a unified industrial project and reduce the potential for future ownership or maintenance disputes.

Commercial Condominium Analysis:

Commercial condominium developments differ from traditional subdivisions because individual units are separately owned while many essential site improvements remain commonly owned or shared. Unlike a conventional industrial subdivision in which individual parcels may function independently, the proposed development will continue to rely on shared infrastructure and common facilities, including private drive aisles, parking and loading areas, utilities, storm drainage facilities, landscaping and irrigation, site lighting, fire protection systems, trash and recycling enclosures, roofs, perimeter walls, signage, and other improvements necessary for the continued operation of the development.

Because these improvements will serve multiple independently owned condominium units, the City has an interest in ensuring that the development continues to function as a single, coordinated industrial project. Clear provisions for ownership, maintenance, access, and cost sharing are necessary to reduce the potential for disputes, deferred maintenance, impaired emergency access, inadequate infrastructure maintenance, or diminished functionality of the development.

Accordingly, the conditions of approval require comprehensive reciprocal easement agreements across both 505 and 707 Doak Boulevard to provide perpetual rights for vehicular and pedestrian access, parking, utility service, drainage, emergency vehicle access, maintenance, and use of shared facilities. The applicant must also prepare comprehensive CC&Rs governing the ownership, operation, maintenance, repair, replacement, insurance, and long-term management of common improvements. These documents, together with the associated Commercial Owners Association documents, must be reviewed and approved by the appropriate City departments and the City Attorney before recordation of the Final Condominium Map.

The applicant must establish a Commercial Owners Association organized as a California Nonprofit Mutual Benefit Corporation, or another ownership entity acceptable to the City Attorney. The Association will be responsible for administering the CC&Rs, collecting assessments, maintaining adequate insurance and reserve funding, and ensuring the continued operation, maintenance, repair, and replacement of common improvements for the life of the development.

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The proposed condominium subdivision does not alter the existing land use, increase development intensity, or modify the approved site layout. Rather, it creates a legal ownership framework that allows individual ownership of existing industrial suites while preserving the coordinated operation and maintenance of the development as a unified industrial project.

General Plan Consistency:

Staff finds the proposed Tentative Subdivision Map consistent with the Light Industrial General Plan designation and applicable General Plan policies. In particular:
 Industrial land use is preserved with no change in permitted uses.  The proposal supports continued employment opportunities.  No increase in traffic, utility demand, or public service demand will occur.  The project preserves existing investment and encourages owner occupancy.  Existing infrastructure remains adequate.

Subdivision Map Act Discussion:

The proposed Tentative Condominium Subdivision Map would create separate ownership interests within four existing multi-tenant industrial buildings while preserving the coordinated operation and integrated function of the overall development. Unlike a traditional subdivision in which each parcel may be independently served by public infrastructure, the proposed condominium subdivision will continue to rely on shared private improvements and common facilities serving all twenty-two condominium units.

Prior to recordation of the Final Condominium Map, the applicant must demonstrate that each condominium unit has adequate legal rights for access, parking, utilities, drainage, emergency vehicle access, and the use and maintenance of common improvements.

Comprehensive reciprocal easement agreements must provide perpetual rights for vehicular and pedestrian access, parking, water, sanitary sewer, storm drainage, electrical service, natural gas, telecommunications, fire protection systems, emergency access, landscaping, irrigation, trash and recycling enclosures, maintenance activities, and other shared facilities necessary for continued operation of the development.

The applicant must also prepare comprehensive CC&Rs and establish a Commercial Owners Association to govern the ownership, operation, maintenance, repair, replacement, insurance, and long-term management of common improvements. These documents are necessary to clearly establish the rights and obligations of future owners and to ensure that the development continues to function as a unified industrial complex despite multiple ownership interests.

Because the development spans two existing parcels that will function as a single integrated condominium project, reciprocal easement agreements must extend across both properties to ensure uninterrupted access, circulation, parking, utility service, emergency vehicle access, drainage, and maintenance. This cross-parcel approach is necessary to preserve coordinated operation of the development and reduce the potential for future conflicts between individual unit owners or the two underlying parcels.

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Prior to recordation of the Final Condominium Map, the applicant must submit the following documents for review and approval by the Planning Director, City Engineer, Building Official, Ripon Consolidated Fire District, Police Department, as applicable, and City Attorney:
 Final Condominium Map prepared in accordance with the California Subdivision Map Act.
 Reciprocal Easement Agreement(s) (REA) establishing perpetual rights for access, parking, utilities, drainage, emergency access, maintenance, and all other common facilities.
 Covenants, Conditions and Restrictions (CC&Rs).
 Articles of Incorporation and Bylaws for the Commercial Owners Association.  Preliminary Title Report and updated title information.  Easement exhibit and legal descriptions for all existing and proposed easements.  Building Code Compliance documentation, if required by the Building Official.  Documentation demonstrating compliance with all Building, Engineering, Fire District, Police Department, and Planning Department conditions of approval.  Any additional legal documents, maintenance agreements, or technical exhibits determined necessary by the Planning Director, City Engineer, Building Official, Fire District, Police Department, or City Attorney.

The Final Condominium Map shall not be presented for City Council until staff has determined that the required documents have been reviewed and approved and all applicable conditions of approval have been satisfied.

Planning Commission Review:

The Planning Commission considered Tentative Subdivision Map (S26-60) at its regular meeting on July 20, 2026. Following staff's presentation and the public hearing, the Planning Commission voted to recommend approval of the Tentative Subdivision Map to the City Council, subject to the conditions of approval contained in this staff report.

No members of the public spoke in opposition to the project. Based on its review of the application, staff report, and information presented at the public hearing, the Planning Commission determined that the required findings could be made and recommended City Council approval.

Findings:

1. General Plan Consistency Finding
Finding: The proposed project is consistent with the goals, policies, standards, and maps of the General Plan, as well as any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.

Discussion:

Staff believes this finding can be made because the proposed subdivision creates separate ownership interests within an existing Light Industrial development and does not alter the

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approved land use, increase development intensity, or change the character of the site.

The project remains consistent with the Light Industrial General Plan land use designation and existing zoning, while ensuring continued coordinated ownership and maintenance of shared improvements through reciprocal easement agreements, Cityapproved Covenants, Conditions and Restrictions (CC&Rs), and a Commercial Owners Association.

The proposed subdivision supports the orderly development of industrial land, promotes continued economic investment within the City, and ensures that adequate infrastructure, access, parking, drainage, landscaping, and utility facilities will continue to be maintained through recorded agreements.

Specifically, staff finds the project to be consistent with the following General Plan Goals:
 Land Use and Growth Accommodations: Goals A, B, C, D, and E.  Circulation and Transportation: Goals A and B.
 Community Health and Safety: Goals B, D, E, G, and J.  Economic Development: Goals C, D, and E.

Accordingly, staff finds that the proposed project is consistent with the City's General Plan and furthers the City's long-range planning objectives.

2. Improvement Finding
Finding: Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary public facilities have been provided, and the proposed improvements are properly related to existing and planned public infrastructure.

Discussion: Staff believes this finding can be made because the proposed subdivision creates separate ownership interests within an existing industrial development and does not increase the intensity of development or demand for public services. The site is currently served by existing public streets, water, sewer, storm drainage, and other necessary public improvements. Long-term maintenance of shared private improvements will be ensured through recorded reciprocal easement agreements, City-approved CC&Rs, and a Commercial Owners Association.

3. Site Suitability Finding
Finding: The site is physically suitable for the type of development and the intensity of development proposed.

Discussion: Staff believes this finding can be made because the proposed subdivision creates separate ownership interests within an existing industrial development and does not alter the approved site layout or increase the intensity of development. The property is currently developed with adequate access, parking, utilities, drainage, and other improvements necessary to support the approved industrial use, making the site physically suitable for the proposed project.

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4. Issuance Not Detrimental Finding
Finding: Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare, nor will it be injurious to the property or improvements of adjacent properties.

Discussion: Staff believes this finding can be made because the proposed subdivision creates separate ownership interests within an existing industrial development and does not authorize additional development or increase the intensity of use. The project complies with the City's General Plan, Municipal Code, and applicable development standards, and review by the City's departments and agencies has identified no evidence that the project would be detrimental to public health, safety, or welfare or injurious to adjacent properties.

5. Compatibility Finding
Finding: The proposed project is compatible with adjoining land uses.

Discussion: Staff believes this finding can be made because the proposed subdivision creates separate ownership interests within an existing industrial development and does not alter the approved site layout, architectural design, permitted land uses, or operational characteristics of the property. As no physical changes or increase in development intensity are proposed, the project will remain compatible with adjoining land uses and the surrounding industrial development pattern.

6. Compliance with the California Subdivision Map Act
Finding: The proposed Tentative Condominium Subdivision Map is consistent with the requirements of the California Subdivision Map Act and the Ripon Municipal Code.

Discussion: Staff believes this finding can be made because the proposed Tentative Condominium Subdivision Map is capable of complying with the applicable provisions of the California Subdivision Map Act and the City's subdivision regulations. Although the Tentative Map does not currently depict all reciprocal access, utility, drainage, maintenance, and other easements necessary to support the proposed condominium subdivision, conditions of approval require that all necessary easements, reciprocal easement agreements, City-approved Covenants, Conditions and Restrictions (CC&Rs), and the Commercial Owners Association documents be reviewed and approved by the City prior to recordation of the Final Map. Subject to these conditions, the project will comply with the requirements of the Subdivision Map Act and the Ripon Municipal Code.

7. Adequate Long-Term Maintenance and Management Finding Finding: Adequate provisions have been made for the long-term maintenance, operation, and management of common improvements through a Commercial Owners Association and City-approved CC&Rs.

Discussion: Staff believes this finding can be made because the project includes the establishment of a Commercial Owners Association and the recordation of City-approved Covenants, Conditions and Restrictions (CC&Rs), together with reciprocal easement agreements, to govern the ownership, use, operation, and maintenance of all common

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areas and shared improvements. These documents will establish the rights and responsibilities of each unit owner, provide for the maintenance and repair of shared facilities, allocate maintenance costs among the owners, and ensure the long-term functionality and appearance of the development in a manner acceptable to the City.

Conditions:

Building Department – Todd Hatch (209)-599-0284

1. Development shall conform to the approved Tentative Condominium Subdivision Map and all conditions of approval. Any modifications affecting the approved plans shall be submitted to the Planning Department for review and approval prior to implementation.

2. The applicant shall submit complete building plans and obtain all required building permits for any building modifications or improvements required to facilitate the condominium subdivision or to comply with applicable Building Codes.

3. Prior to recordation of the Final Condominium Map, the applicant shall complete all building improvements required by the Building Official to ensure compliance with the California Building Standards Code.

4. The Building Official shall review the proposed condominium conversion to determine compliance with applicable provisions of the California Building Standards Code, including, but not limited to:
 Fire-resistance-rated construction and occupancy separations;  Means of egress;
 Accessibility requirements;
 Structural requirements;
 Mechanical, electrical, and plumbing systems;
 Fire protection systems;
 Utility service and metering; and
 Any other applicable Building Code requirements.

5. Any fire-resistance-rated assemblies, fire walls, occupancy separations, or other lifesafety improvements determined necessary by the Building Official shall be completed prior to recordation of the Final Condominium Map.

6. Any accessibility improvements required by the California Building Standards Code shall be completed to the satisfaction of the Building Official prior to recordation of the Final Condominium Map.

7. Any unpermitted construction identified during plan review or inspection shall be legalized through the issuance of the appropriate permits or removed to the satisfaction of the Building Official.

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8. Separate utility metering, utility disconnects, or other approved methods of allocating utility service shall be provided where required by the Building Official or otherwise addressed through City-approved condominium documents.

9. The Building Official shall approve the condominium plans and certify that all Building Division requirements have been satisfied prior to recordation of the Final Condominium Map.

Engineering Department – Spencer Schroen (209)-599-0230

10. Prior to recordation of the Final Condominium Map, the applicant shall submit the Final Map, all supporting documents, and technical exhibits to the City Engineer for review and approval. The Final Map shall comply with the California Subdivision Map Act, the Ripon Municipal Code, and all applicable City standards.

11. Prior to recordation of the Final Condominium Map, the applicant shall prepare and record reciprocal easement agreements, in a form approved by the City Engineer and City Attorney, providing perpetual rights for access, ingress and egress, vehicular and pedestrian circulation, parking, utilities, storm drainage, emergency vehicle access, landscaping, irrigation, lighting, trash and recycling enclosures, signage, maintenance, and all other common facilities necessary for the continued operation, use, and maintenance of the development.

12. Prior to recordation of the Final Condominium Map, the applicant shall dedicate or grant all public and private easements necessary to serve the proposed condominium subdivision, including, but not limited to, utility, drainage, access, emergency access, parking, maintenance, and other easements as determined necessary by the City Engineer.

13. The applicant shall provide a current Preliminary Title Report together with an easement exhibit identifying all existing easements benefiting and burdening the property. The City Engineer shall determine whether existing easements are adequate or whether additional easements are required prior to recordation of the Final Condominium Map.

14. The applicant shall demonstrate to the satisfaction of the City Engineer that each proposed condominium unit has permanent legal and physical access to a public street through recorded easements or other approved legal instruments.

15. Existing water, sewer, storm drainage, and other utility infrastructure shall be reviewed by the City Engineer. Any modifications necessary to adequately serve the proposed condominium subdivision shall be completed prior to recordation of the Final Condominium Map.

16. The applicant shall demonstrate that all common improvements, including but not limited to private streets, drive aisles, parking areas, drainage facilities, utilities, landscaping, lighting, and other shared improvements, are adequately addressed

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through the reciprocal easement agreements, CC&Rs, and Commercial Owners Association documents.

17. The applicant shall comply with the City of Ripon Survey Monument Preservation Policy and all applicable provisions of the California Subdivision Map Act pertaining to survey monument preservation.

18. Any improvements proposed within the public right-of-way shall require an encroachment permit from the Engineering Department prior to commencing work.

19. Any future modifications affecting access, circulation, parking, utilities, drainage, grading, landscaping, or other common improvements shall be subject to review and approval by the City Engineer and may require amendment of the recorded easement documents, CC&Rs, or condominium documents, as determined by the City Engineer.

20. The Final Condominium Map shall not be recorded until the City Engineer has determined that all required easements, reciprocal easement agreements, legal descriptions, plats, and supporting documents have been completed and approved.

21. All reciprocal easement agreements, CC&Rs, and other documents affecting the operation and maintenance of the condominium subdivision shall be recorded concurrently with, or immediately prior to, the recordation of the Final Condominium Map, as approved by the City Engineer and City Attorney.

Planning Department – Ken Zuidervaart (599-0222)

22. The development shall substantially conform to the approved Tentative Condominium Subdivision Map and all conditions of approval. Any modifications to the approved project shall be subject to review and approval by the Planning Director and may require amendment of this approval.

23. Prior to recordation of the Final Condominium Map, the applicant shall prepare Covenants, Conditions and Restrictions (CC&Rs), reciprocal easement agreements, and Commercial Owners Association documents for review and approval by the Planning Director, City Engineer, and City Attorney.

24. Prior to recordation of the Final Condominium Map, the applicant shall establish a California Nonprofit Mutual Benefit Corporation, or other ownership entity acceptable to the City Attorney, to serve as the Commercial Owners Association responsible for the ownership, operation, management, and maintenance of all common areas and shared improvements.

25. The CC&Rs shall clearly identify the ownership, operation, maintenance, repair, replacement, and cost-sharing responsibilities for all common improvements, including but not limited to private drive aisles, parking areas, utilities, drainage

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facilities, landscaping, irrigation, lighting, trash and recycling enclosures, signage, perimeter walls, fences, and all other common facilities.

26. The CC&Rs shall require that all common improvements be maintained in a safe, functional, and attractive condition for the life of the development. Failure to maintain common improvements shall constitute a violation of the Ripon Municipal Code and may result in enforcement action by the City.

27. The reciprocal easement agreements and CC&Rs shall provide each condominium owner with perpetual rights for access, parking, utility service, emergency access, maintenance, and use of all common facilities necessary for the operation of the development.

28. The CC&Rs shall prohibit the obstruction, elimination, or modification of any required parking area, fire lane, emergency access route, utility easement, drainage facility, or other common improvement without prior approval of the City.

29. Exterior building modifications, building additions, changes to the site layout, or other physical alterations visible from the exterior shall be subject to review and approval by the City in accordance with the Ripon Municipal Code.

30. Future tenant improvements, changes in occupancy, or new business operations shall comply with the Ripon Municipal Code and shall obtain all required City approvals and permits prior to occupancy.

31. All uses conducted within the development shall be limited to those permitted or conditionally permitted within the applicable zoning district unless otherwise approved by the City.

32. The Final Condominium Map shall not be recorded until the Planning Director has determined that all Planning Department conditions have been satisfied.

33. Any amendments to the CC&Rs, reciprocal easement agreements, or Commercial Owners Association documents that materially affect the findings made by the City in approving the Tentative Condominium Map—including, but not limited to, amendments affecting common area ownership, maintenance responsibilities, parking, circulation, access, utility easements, fire access, or drainage facilities—shall require review and approval by the Planning Director and City Attorney, to the extent permitted by law.

34. The Commercial Owners Association shall be responsible for maintaining current contact information, including the name, mailing address, telephone number, and email address of the Association or its management representative, with the City of Ripon Planning Department.

Ripon Police Department – Daniel Sauer (209-599-0259)

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35. The applicant shall maintain clearly visible building addresses and individual condominium unit numbers in accordance with the requirements of the Ripon Police Department and the Ripon Consolidated Fire District. Addressing shall be maintained in a legible condition and shall be visible from all access drives and adjacent streets.

36. All exterior lighting serving parking areas, drive aisles, pedestrian walkways, and common areas shall be maintained in good working order to provide adequate illumination for public safety. Lighting shall be directed and shielded to minimize glare onto adjacent properties and public rights-of-way.

37. The Commercial Owners Association shall be responsible for maintaining all common areas, including landscaping, lighting, fencing, gates, parking areas, and access drives, in a manner that promotes public safety and provides clear visibility for law enforcement and emergency responders.

38. Any security gates, access control systems, or other security improvements installed after approval of the project shall be subject to review by the Ripon Police Department and the Ripon Consolidated Fire District to ensure adequate emergency access is maintained.

39. The applicant shall ensure that all required fire lanes, emergency access routes, and designated parking areas remain unobstructed at all times.

40. The Commercial Owners Association shall promptly repair or replace damaged lighting, fencing, gates, or other security-related improvements serving the common areas of the development.

41. The Ripon Police Department reserves the right to recommend reasonable security measures, consistent with Crime Prevention Through Environmental Design (CPTED) principles, should future operational characteristics of the development warrant additional security improvements.

42. Prior to recordation of the Final Condominium Map, the applicant shall provide a site addressing and unit numbering plan, subject to review and approval by the Ripon Police Department and the Ripon Consolidated Fire District. Unit numbers shall remain consistent with the approved condominium plan and shall not be changed without prior approval from the City.

Ripon Consolidated Fire Department– Eric DeHart (599-4209)

43. All existing fire protection systems, including fire sprinkler systems, fire alarm systems, fire hydrants, fire service lines, fire department connections (FDCs), and other fire protection equipment shall be maintained in good working order and shall comply with the California Fire Code and the requirements of the Ripon Consolidated Fire District.

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Packet Pg. 164

44. Any modifications to existing fire protection systems required as a result of the condominium subdivision or any associated building improvements shall be completed to the satisfaction of the Ripon Consolidated Fire District and the Building Official.

45. All required fire apparatus access roads, fire lanes, emergency access routes, and fire department access easements shall remain unobstructed at all times. Any required reciprocal emergency access easements shall be recorded prior to recordation of the Final Condominium Map.

46. Existing fire hydrants, fire department connections, fire service lines, and fire protection equipment shall remain accessible at all times. No improvements, landscaping, fencing, parking, or storage shall interfere with access to such facilities.

47. Knox Boxes, Knox Key Switches, or other emergency access devices shall be installed, relocated, or upgraded where required by the Ripon Consolidated Fire District.

48. The applicant shall provide any fire access easements, fire water line easements, or other easements necessary to ensure continued operation and maintenance of fire protection facilities, as determined by the Ripon Consolidated Fire District and City Engineer.

49. The Commercial Owners Association shall be responsible for the continued maintenance of fire lanes, emergency access routes, fire protection equipment located within the common areas, and all related signage serving the development.

50. The applicant shall comply with all applicable requirements and conditions of the Ripon Consolidated Fire District in effect at the time of Final Map approval.

Environmental Analysis:

Pursuant to the California Environmental Quality Act (CEQA), staff recommends that the City Council find the project categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed project consists solely of the legal subdivision and commercial condominium conversion of existing industrial buildings and does not involve expansion of an existing or former use, new construction, physical enlargement of the facilities, or an increase in development intensity. Accordingly, the project qualifies for the Class 1 Categorical Exemption.

Staff has also considered the exceptions contained in CEQA Guidelines Section 15300.2 and finds that none of the exceptions apply.

Recommended Action:

Staff recommends that the City Council:

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1. Find that the Tentative Subdivision Map (S26-60) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), and that none of the exceptions contained in CEQA Guidelines Section 15300.2 apply; and

2. Adopt the findings contained in this staff report and approve Tentative Subdivision Map (S26-60), subject to the conditions of approval contained herein.

Suggested Motion:
“The City Council approves the Tentative Subdivision Map (S26-60), subject to the conditions of approval contained in this staff report.” General Application Information:
 Owner/Applicant: Kaizen River LLC / Chris Fahey
 Application#: Tentative Subdivision Map (S26-60)
 GP Designation: LI (Light Industrial)
 Zoning: M1 (Light Industrial)
Attachments:

1. Vicinity Map

2. Tentative Subdivison Map

3. CC&R Review Checklist

4. PC Minutes - 7-20-26

5. Public Hearing Notice

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Packet Pg. 166

3.A.a
Packet Pg. 167 Attachment: Vicinity Map (5214 : Tentative Subdivision Map) SEVENTH ST 8"SS 8"SS 18"SD 18"SD 18"SD 56 40-MP-87 55 40-MP-87 LOT MERGER 2021-212955 O.R. 50 40-MP-87 48 40-MP-87 47 40-MP-87 35 40-MP-87 34 40-MP-87 33 40-MP-87 32 40-MP-87 31 40-MP-87 30 40-MP-87 29 40-MP-87 28 40-MP-87 (101' WIDE PUBLIC STREET) DOAK BLVD BUILDING 707-2 FF 66.48 BUILDING 707-1 FF 66.30 BUILDING 505-1 FF 66.40 BUILDING 505-2 FF 66.50 49 40-MP-87 SUITE 5 2,170 SF SUITE 4 2,170 SF SUITE 3 2,170 SF SUITE 2 2,170 SF SUITE 1 4,340 SF SUITE 6 2,380 SF SUITE 7 2,380 SF SUITE 8 2,380 SF SUITE 9 2,380 SF SUITE 10 2,380 SF SUITE 11 2,380 SF SUITE 12 4,760 SF SUITE 15 3,240 SF SUITE 16 2,040 SF SUITE 17 2,040 SF SUITE 18 2,040 SF SUITE 19 7,300 SF SUITE 20 2,380 SF SUITE 21 2,380 SF SUITE 22 1,890 SF SUITE 14 2,380 SF SUITE 13 2,380 SF LOT MERGER LOT ONE 2021-212956 O.R. 4.80 AC.± COMMON AREA 148,961 S.F. ±

VERA AVE
(60' WIDE PUBLIC STREET) VICINITY MAP N SITE PROJECT DATA LEGEND TENTATIVE MAP 505 AND 707 DOAK BOULEVARD RIPON, CALIFORNIA SURVEYOR'S STATEMENT BENCHMARK BASIS OF BEARING CENTER QUARTER CORNER LOCATED IN THE MIDDLE OF VERA AVENUE, APPROXIMATELY .5 MILE SOUTHERLY OF THE INTERSECTION OF WEST MAIN STREET AND VERA AVENUE. FOUND 3/4 REBAR NOT TAGGED WITH 2' SWING TIES, FITS POSITION SHOWN ON 35-R.S.-6. ELEVATION = 63.48' THE CENTERLINE IN DOAK BOULEVARD, NORTH 88° 58' 12" WEST, AS SHOWN ON THAT TRACT MAP FILED FOR RECORD ON JULY 28, 2006 IN BOOK 40 OF MAPS AND PLATS, AT PAGE 87, SAN JOAQUIN COUNTY RECORDS. DEAN A. JURADO DATE P.L.S. NO. 9032 THIS TENTATIVE FINAL MAP SUBMITTAL HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN ACCORDANCE WITH STANDARD SURVEYING PRACTICE. 5/04/2026 3.A.b Packet Pg. 168
Attachment: Tentative Subdivison Map (5214 : Tentative Subdivision Map) SEVENTH ST 8"SS 8"SS 18"SD 18"SD 18"SD 56 40-MP-87 55 40-MP-87 LOT MERGER 2021-212955 O.R. 50 40-MP-87 48 40-MP-87 47 40-MP-87 35 40-MP-87 34 40-MP-87 33 40-MP-87 32 40-MP-87 31 40-MP-87 30 40-MP-87 29 40-MP-87 28 40-MP-87 (101' WIDE PUBLIC STREET) DOAK BLVD BUILDING 707-2 FF 66.48 BUILDING 707-1 FF 66.30 BUILDING 505-1 FF 66.40 BUILDING 505-2 FF 66.50 49 40-MP-87 SUITE 5 2,170 SF SUITE 4 2,170 SF SUITE 3 2,170 SF SUITE 2 2,170 SF SUITE 1 4,340 SF SUITE 6 2,380 SF SUITE 7 2,380 SF SUITE 8 2,380 SF SUITE 9 2,380 SF SUITE 10 2,380 SF SUITE 11 2,380 SF SUITE 12 4,760 SF SUITE 15 3,240 SF SUITE 16 2,040 SF SUITE 17 2,040 SF SUITE 18 2,040 SF SUITE 19 7,300 SF SUITE 20 2,380 SF SUITE 21 2,380 SF SUITE 22 1,890 SF SUITE 14 2,380 SF SUITE 13 2,380 SF LOT MERGER LOT ONE 2021-212956 O.R. 4.80 AC.± COMMON AREA 148,961 S.F. ±

CITY OF RIPON
Commercial & Industrial Condominium
CC&R Review Checklist
Project: ______________________
Application No.: ______________________
Applicant: ______________________
Prepared By: ______________________
Date Submitted: ______________________
I. General Requirements
 ☐Commercial Owners Association established as a California Nonprofit Mutual Benefit Corporation (or other entity approved by the City Attorney).  ☐CC&Rs reference the recorded Final Condominium Map.
 ☐CC&Rs reference all recorded Reciprocal Easement Agreements (REAs).  ☐CC&Rs reference maintenance agreements.
 ☐Association authorized to levy assessments and enforce the CC&Rs.  ☐CC&Rs reviewed by Planning, Engineering, Building, and City Attorney.

II. Common Area Ownership
 ☐Private drives
 ☐Parking areas
 ☐Accessible parking
 ☐Sidewalks
 ☐Landscaping
 ☐Irrigation
 ☐Trees
 ☐Lighting
 ☐Monument and directional signs
 ☐Trash & recycling enclosures
 ☐Roofs
 ☐Exterior walls
 ☐Fencing/screen walls
 ☐Utilities
 ☐Storm drainage
 ☐Fire protection systems
 ☐Fire hydrants/FDCs
 ☐Fire lanes
 ☐Emergency access
 ☐Utility corridors

3.A.c
Packet Pg. 170 Attachment: CC&R Review Checklist (5214 : Tentative Subdivision Map) 
☐Other common improvements
III. Reciprocal Easements  ☐Vehicular access  ☐Pedestrian access  ☐Parking  ☐Water  ☐Sewer  ☐Storm drainage  ☐Electrical  ☐Gas  ☐Communications  ☐Fire access  ☐Emergency vehicle access  ☐Landscape maintenance  ☐Irrigation maintenance  ☐Trash enclosure access  ☐Maintenance access  ☐Other easements required by City Engineer IV. Maintenance Responsibilities  ☐Routine maintenance  ☐Repair  ☐Replacement  ☐Pavement  ☐Striping  ☐Lighting  ☐Landscaping  ☐Irrigation  ☐Utilities  ☐Storm drainage  ☐Fire protection systems  ☐Trash enclosures  ☐Graffiti removal  ☐Insurance V. Financial Requirements  ☐Annual assessments  ☐Special assessments  ☐Reserve funding  ☐Collection procedures  ☐Lien rights

3.A.c
Packet Pg. 171 Attachment: CC&R Review Checklist (5214 : Tentative Subdivision Map)  ☐Budget procedures
 ☐Financial reporting
VI. Operational Requirements
 ☐Parking regulations
 ☐Loading areas
 ☐Outdoor storage
 ☐Trash enclosure rules
 ☐Landscape maintenance
 ☐Exterior appearance
 ☐Lighting standards
 ☐Noise restrictions
VII. City Rights
 ☐City enforcement authority
 ☐Failure to maintain common improvements is a Municipal Code violation  ☐Recovery of enforcement costs
 ☐Association contact information maintained
 ☐City review of substantive amendments affecting access, parking, easements, maintenance, circulation, fire access, utilities, and drainage VIII. Building & Fire
 ☐Fire lanes maintained
 ☐Fire access maintained
 ☐Fire protection systems maintained
 ☐Knox Box requirements
 ☐Addressing and unit numbering
 ☐Accessibility maintained
 ☐Utility metering responsibilities
 ☐Fire separation responsibilities (if applicable)
IX. Engineering
 ☐Easement exhibit
 ☐Legal descriptions
 ☐Title report
 ☐Common improvements identified
 ☐Drainage maintenance
 ☐Utility maintenance
 ☐Parking maintenance
 ☐Lighting maintenance
 ☐Landscape maintenance

3.A.c
Packet Pg. 172 Attachment: CC&R Review Checklist (5214 : Tentative Subdivision Map) X. Planning
 ☐Uses limited to zoning
 ☐Exterior modifications require City approval
 ☐Tenant improvements require permits
 ☐Architectural consistency
 ☐Site circulation preserved
 ☐Common improvements cannot be removed without approval XI. Final City Review
Department Approved Comments
Planning ☐
Engineering ☐
Building ☐
Ripon Consolidated Fire
District
☐
Police ☐
City Attorney ☐

3.A.c
Packet Pg. 173 Attachment: CC&R Review Checklist (5214 : Tentative Subdivision Map) Ripon Planning Commission Minutes
MONDAY, JULY 20, 2026 – 6:00 PM

REGULAR MEETING
PLEDGE OF ALLEGIANCE:

This meeting was called to order at 6:00 P.M. with Commissioner Saljian leading the Pledge of Allegiance to the Flag.

ROLL CALL:

Attendee Name Title Status Arrived
George Saljian Commissioner Present
Dave Collins Commissioner Present
Steven Verver Commissioner Absent
Debra Van Essen Commissioner Present
Jeff Veilleux Commissioner Absent
Lori Bunnell Commissioner Present
Others Present: Planning Director Ken Zuidervaart, City Attorney Tom Terpstra Jr., Planning Secretary Michael Winters, Information Systems Elizabeth Farnam.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the regular Planning Commission Meeting of May 18, 2026.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lori Bunnell, Commissioner
SECONDER: Dave Collins, Commissioner
AYES: Saljian, Collins, Van Essen, Bunnell
A. PLANNING COMMISSION - REGULAR MEETING - MAY 18, 2026 6:00 PM

3.A.d
Packet Pg. 174 Attachment: PC Minutes - 7-20-26 (5214 : Tentative Subdivision Map) Planning Commission Page 2 July 20, 2026

1. PUBLIC HEARINGS:

A. TENTATIVE SUBDIVISION MAP (S26-60) - KAIZEN RIVER (COMMERCIAL

CONDO PROJECT)
A request to subdivide two existing Light
Industrial parcels into twenty-two (22)
commercial condominium units within
four existing multi-tenant industrial
buildings. The project consists solely of a
commercial condominium conversion to
allow separate ownership of the existing
suites and involves no new exterior
construction or expansion of the existing
buildings. The subject properties are
approximately 2.42 acres and 2.38 acres in
size and are located at 505 and 707 Doak
Boulevard in the M-1 (Light Industrial)
zoning district.

Should the Planning Commission agree
with staff’s recommendation, the
following motion would be appropriate:
“The Planning Commission adopts the
findings contained herein and
recommends that the City Council
approve the Tentative Subdivision Map
(S26-60), subject to the conditions of
approval contained in this staff report.”
Planning Director Zuidervaart introduced the staff report into record.

Zuidervaart stated that the request was to create 22 individual commercial condominium units on the already-developed 4.8-acre site located at 505 and 707 Doak Boulevard, within the M-1 (Light Industrial) zone. Zuidervaart said that no new exterior construction, expansion of the buildings, change of use, or increase in development intensity was being proposed.

Zuidervaart further elaborated on the existing development, which consists of four buildings on two lots, operating as a modern light industrial complex with existing parking, lighting, landscaping, and utilities already in place.

Zuidervaart explained that the property is currently under single ownership with shared infrastructure across all four buildings, and that the proposal would create up to 22 individual owners sharing the same buildings and infrastructure, which would require formation of a Commercial Owners Association similar to a Homeowners Association (HOA).

Zuidervaart explained the basis for staff’s recommendation on the project, stating that there were community and economic benefits associated with the project, including the opportunity for businesses to own rather than lease their space, encouragement of longterm private investment, and the building of equity for local businesses. He further noted additional economic development benefits, including support for business retention and expansion, encouragement of reinvestment in industrial property, and the continued strengthening of Ripon's economic base.

3.A.d
Packet Pg. 175 Attachment: PC Minutes - 7-20-26 (5214 : Tentative Subdivision Map) Planning Commission Page 3 July 20, 2026
Zuidervaart further elaborated on the need for a Commercial Owners Association, explaining that commercial condominiums require careful review due to shared parking, utilities, landscaping, fire access, drainage, and maintenance, which could lead to future ownership disputes if not properly addressed. Zuidervaart said the conditions of approval include creation of reciprocal easements and agreements for parking, utilities, landscaping, drainage, and garbage service. Zuidervaart noted that the City will review the CC&Rs (Covenants, Conditions and Restrictions) to clearly define ownership, maintenance responsibilities, and cost sharing for the project. Zuidervaart said that the Commercial Owners Association would be responsible for long-term operation and maintenance, including reserve funds for lighting, landscaping, and parking lot striping.

Zuidervaart stated that the final map cannot be recorded until all conditions are met, and that following the Planning Commission's recommendation, the matter proceeds to City Council. He outlined that multiple City departments will be involved, including Planning (CC&Rs and future interior modifications), Engineering (easements and infrastructure), Building (California Building Code compliance), Fire (emergency access), Police (security and addressing), and the City Attorney (legal documents). Zuidervaart described the three-phase approval process: Phase One, Planning Commission recommendation and City Council approval of the tentative map; Phase Two, satisfaction of all conditions of approval; and Phase Three, City Council approval and recording of the final map, after which individual units may be sold.

Zuidervaart recommended the Planning Commission adopt the findings and recommend City Council approve the tentative subdivision map subject to the conditions of approval.

Zuidervaart requested one additional condition of approval requiring the applicant to enter into a reimbursement agreement with the City of Ripon to cover staff time for document review.

PUBLIC HEARING OPENED
Commissioner Saljian asked Zuidervaart whether the fire separation or firewalls were already in place.

Zuidervaart said the City was not sure whether the fire separation or any firewalls were currently in place, and that the applicant would be responsible for hiring an engineer to conduct an as-built survey to determine whether they exist.

Commissioner Collins asked Zuidervaart about noise concerns and whether the existing conditions of approval from the project's initial construction would remain in place.

Zuidervaart said all the original project conditions would remain in place.

Commissioner Bunnell asked Zuidervaart whether the Commercial Owners Association would be professionally managed or whether the owner would manage it.

Zuidervaart stated that this was something the City would need to work through as part of the documentation process.

3.A.d
Packet Pg. 176 Attachment: PC Minutes - 7-20-26 (5214 : Tentative Subdivision Map) Planning Commission Page 4 July 20, 2026
Proponents: No one wished to speak in favor of this project.

Opponents: No one wished to speak in opposition of this project.

PUBLIC HEARING CLOSED
Motion to adopt the findings contained herein and recommend that the City Council approve the Tentative Subdivision Map (S26-60), subject to the conditions of approval contained in the staff report, with the following added condition:

1. The applicant shall enter into a reimbursement agreement with the City of Ripon to cover City staff time for document review.

RESULT: ADOPTED [UNANIMOUS]
MOVER: George Saljian, Commissioner
SECONDER: Debra Van Essen, Commissioner
AYES: Saljian, Collins, Van Essen, Bunnell
REPORTS:

Planning Director Zuidervaart said there is one item scheduled for the August Planning Commission meeting.

ADJOURNMENT:

The appeal period for this agenda expires 10 days from the date of the meeting at 5:00 p.m. The appeal fee is $637.00.

There being no further business, the meeting was adjourned at 6:18 PM.

3.A.d
Packet Pg. 177 Attachment: PC Minutes - 7-20-26 (5214 : Tentative Subdivision Map)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Ripon City Council will hold a public hearing on Tuesday, September 8, 2026 at 6:00 P.M., in the Council Chambers, 259 N. Wilma Avenue, on the following matter:

TENTATIVE SUBDIVISION MAP (S26-60) for Kaizen River LLC, A public hearing on a request to subdivide approximately 4.8 acres of land into twenty-two (22) commercial condominium units on already developed parcels with a Light Industrial (M1) zoning designation and Light Industrial (LI) General Plan land use designation.

This project is located between South Acacia Avenue and Vera Avenue, north of Doak Boulevard, on Assessor's Parcel Numbers 259-670-60 (707 Doak Boulevard) and 259-670-61 (505 Doak Boulevard). This proposed Subdivision Map is not subject to CEQA review pursuant to CEQA Guidelines Section 15301.

PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE

OF CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF THE

PROPOSED SUBDIVISION MAP IS CHALLENGED IN COURT, SUCH

CHALLENGE MAY BE LIMITED TO ONLY THOSE ISSUES RAISED AT THE

PUBLIC HEARING OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK AT OR PRIOR TO THE PUBLIC HEARING.

CITY OF RIPON
Ken Zuidervaart, Director
Planning and Economic Development
Published August 28, 2026

3.A.e
Packet Pg. 178 Attachment: Public Hearing Notice (5214 : Tentative Subdivision Map) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/08/2026
Subject: Garbage Collection and Disposal Ordinance Amendment RECOMMENDED ACTION:

Waive the second reading and adopt 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.

The proposed amendments to Chapter 8.12, “Garbage Collection and Disposal” of the Municipal Code will amend this section of the Code to clarify existing solid waste regulations and better reflect the City's current solid waste collection practices. There are no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

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.

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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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Packet Pg. 181

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 8th day of September, 2026, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Dean Uecker, Vice Mayor
AYES: Gary Barton, Dean Uecker, Michael Restuccia, Daniel de Graaf ABSENT: Leo Zuber

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: Daniel Sauer, Chief of Police
Date: 09/08/2026
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:

Individuals have illegally abandoned or dropped off cats at Stouffer Park. Over time, the population has increased because many of the cats have not been spayed or neutered. Individuals have also begun leaving food in the park to feed the cats. While the intent of individuals feeding the cats may be to provide care, the practice has contributed to additional community impacts.

Problems Associated with the Stray Cat Population
 Public Health: The stray cats create a potential transmission of diseases and parasites and increases the exposure of park users, particularly children, to stray animals and animal waste.
 Animal Population: Uncontrolled reproduction can result in continued population growth, and feeding without a corresponding spay/neuter program does not address the underlying population issue.
 Public Facilities: Cats can damage or occupy public facilities and landscaping, while the accumulation of food can attract other animals and animal waste creates sanitation and maintenance concerns.
 Park Use: The concentration of cats and feeding activities affects the use and enjoyment of the park, and food left in public areas creates litter, odors, and other nuisance conditions.

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Animal Shelter Capacity Limitations
The City Animal Shelter has 11 total cat crates available for housing cats, with 7 cages designated for domestic cats and 4 cages designated for feral cats. The shelter does not have sufficient space to relocate and temporarily house the existing stray cats at Stouffer Park while continuing to provide standard shelter services for other abandoned and stray cats in the community.

DISCUSSION:

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.

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:

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.

Proposed Municipal Code Amendment & Enforcement
Enforcement of the Municipal Code will follow a tiered penalty structure:
 First Offense: Warning
 Second Offense: $100 fine
 Third Offense: $200 fine
This prohibition does not preclude feeding activities conducted as part of a Trap, Neuter, and Release Program.

Comprehensive Strategy to Address Abandoned Cats
Amending the Municipal Code is only one component of a broader, multi-faceted strategy to address the abandoned cat population at Stouffer Park. Additional planned steps include:
 Population Management: Partnering City Animal Control Services with rescue organizations to manage community cat overpopulation.
 Site Monitoring: Tracking the number and conditions of the cats remaining at Stouffer Park.

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 Public Education: Informing residents that abandoning cats is unlawful and requesting that anyone observing an animal being abandoned report it to the Ripon Police Department.
 Ongoing Enforcement: Active enforcement to address violations once the ordinance is adopted.

There are no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

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.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of September, 2026, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
GARY BARTON, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Ripon City CouncilSeptember 8, 2026

Ripon City Council
September 8, 2026