Agenda, second session — City Council / Local Redevelopment Authority / Public Financing Authority, January 11, 2022

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AGENDA
TUESDAY, JANUARY 11, 2022– 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER

2. FLAG SALUTE

3. ROLL CALL

4. INVOCATION

5. AGENDA CHANGES

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

7. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.

Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.

8. PRESENTATIONS (Informational only)
Item 8.1 StanCOG Presentation – Regional Transportation Plan and Sustainable Communities Strategy – Council to receive an update and report from the Stanislaus Council of Governments on the Regional Transportation Plan and Sustainable Communities Strategy.

City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

City Council and LRA Board Meetings Agenda Tuesday, January 11, 2022

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9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.

Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 9.2 Approval of the following Minutes:

9.2A The September 14, 2021, City Council and Local
Redevelopment Authority Board Minutes.

9.2B The October 26, 2021, City Council and Local Redevelopment Authority Board Minutes.

9.2C The November 3, 2021, Special City Council Minutes.

9.2D The November 9, 2021, City Council and Local Redevelopment Authority Board Minutes.

9.2E The December 7, 2021, Special City Council Minutes.

9.2F The December 14, 2021, City Council and Local
Redevelopment Authority Board Minutes.

10. UNFINISHED BUSINESS
Item 10.1 Riverbank Energy Efficiency Project - Direction on Funding Strategy and Final Project Scope with SitelogIQ – It is recommended that the City Council provide direction on the final project scope of the energy efficiency project as well as provide direction on the desired funding strategy for the project.

11. NEW BUSINESS
Item 11.1 Nomination and Appointment of the Vice Mayor to Serve for the Year 2022 – It is recommended that the Mayor consider the rotation and nomination of a Vice Mayor to serve for the year 2022 by confirmation of the City Council.

12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

City Council and LRA Board Meetings Agenda Tuesday, January 11, 2022 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 4 Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.

Item 13.1 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code § 54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit

14. RECONVENE – REPORT FROM CLOSED SESSION

15. ADJOURNMENT
• The next regular City Council meeting will be on January 25th at 6:00 p.m.

ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.

NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.

AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.

Posted this 7th day of January, 2022
/s/Annabelle H. Aguilar, CMC, City Clerk of the City of Riverbank City Council and LRA Board Meetings Agenda Tuesday, January 11, 2022

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PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – is no longer available due to technical difficulties, which is being worked on. • Via ZOOM Platform (See instructions below)

SUBMITTING PUBLIC COMMENTS FOR THE RECORD
Written comments must be received before 4:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 pm, please call the City Clerk’s Office at (209) 863-7198 or the Administration Dept. at (209) 863-7122.

ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 4:00 PM DEADLINE ● Via Mail Service: Mail comments to City of Riverbank, Attn. City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.) ● Via Email: Mail to [email protected] (Note: This technology is not a guaranteed method.) • Indicate Agenda Item # in the subject line. (Call 209-863-7198 /209-863-7122 to ensure receipt) ● Oral Comments In-Person: The Mayor will ask the audience if anyone wishes to comment, at that time you may approach the podium. (A Spanish language interpreter is available for assistance.) ● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) • Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.

Teleconference Phone Number (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call. Thank you

JOIN THE MEETING VIA ZOOM PLATFORM
• Join by this link: . https://us02web.zoom.us/j/83044118221 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 830 4411 8221 • Join by telephone:1 669 900 9128 or 1 346 248 7799, plus Webinar ID Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION COMMENT

PROCEDURES FOR THE HYBRID CITY COUNCIL MEETING HELD IN
CONFORMANCE WITH THE BROWN ACT AS AMENDED BY SB 361

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Item 8.1– CC/LRA – 01/11/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 8.1
SECTION 8: PRESENTATIONS
Meeting Date: January 11, 2022
Subject: StanCOG Presentation – Regional Transportation Plan and Sustainable Communities Strategy
From: Sean Scully, City Manager

RECOMMENDATION
Council to receive an update and report from the Stanislaus Council of Governments on the Regional Transportation Plan and Sustainable Communities Strategy.

SUMMARY
The Stanislaus Council of Governments (STANCOG) has initiated the process of developing the Regional Transportation Plan and Sustainable Communities Strategy for Stanislaus County. Representatives from STANCOG will be present at the City Council meeting to provide an overview of the process and timeline for development of the plan.

Council will hear an update on the following
· Project Outreach
· RTP/SCS Overview
· Goal Setting
· Scenario Development
· Next Steps

FINANCIAL IMPACT
No direct financial impact as a result of receiving this update.

ATTACHMENTS
None

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Item 9.1 – CC/LRA – 01/11/2022
RIVERBANK CITY COUNCIL / LRA AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: January 11, 2022
Subject: Waiver of Readings
From: Sean Scully, City Manager
Submitted by: Annabelle H. Aguilar, CMC, City Clerk

RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.

SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.

The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.2 – CC/LRA – 01/11/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: January 11, 2022
Subject: Approval of the following Minutes:

9.2A The September 14, 2021, City Council and Local
Redevelopment Authority Board Minutes.

9.2B The October 26, 2021, City Council and Local Redevelopment Authority Board Minutes.

9.2C The November 3, 2021, Special City Council Minutes.

9.2D The November 9, 2021, City Council and Local
Redevelopment Authority Board Minutes.

9.2E The December 7, 2021, Special City Council Minutes.

9.2F The December 14, 2021, City Council and Local
Redevelopment Authority Board Minutes.

From: Sean Scully, City Manager
Submitted by: Annabelle H. Aguilar, CMC, City Clerk/LRA Recorder

RECOMMENDATION
It is recommended that the City Council / Local Redevelopment Authority Board approve the City Council /LRA Meeting Minutes as presented.

SUMMARY
The Draft Minutes of regular City Council and the Local Redevelopment Authority Board meetings and special City Council meetings have been prepared for review and approval.

FINANCIAL IMPACT
There is no financial impact to this item.

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Item 9.2 – CC/LRA – 01/11/2022

ATTACHMENT

1. The September 14, 2021, City Council and Local Redevelopment Authority Board Minutes.

2. The October 26, 2021, City Council and Local Redevelopment Authority Board Minutes.

3. The November 3, 2021, Special City Council Minutes.

4. The November 9, 2021, City Council and Local Redevelopment Authority Board Minutes.

5. The December 7, 2021, Special City Council Minutes.

6. The December 14, 2021, City Council and Local Redevelopment Authority Board Minutes.

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CC/LRA Minutes - 09/14/2021

MINUTES
TUESDAY, SEPTEMBER 14, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Mayor/Chair Richard D. O’Brien presiding. Assistant City Manager/ASD Marisela Garcia served as Recorder in the absence of City Clerk Annabelle Aguilar.

2. FLAG SALUTE – Lead by Mayor O’Brien.

3. INVOCATION – Conducted by Reverend Charles Neal.

4. ROLL CALL – All Members of the City Council were present in the chamber.

5. AGENDA CHANGES – No changes were made.

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

No one declared a conflict.

Refer to the last page of this agenda for the Public Comment Procedures via ZOOM There were no oral or written public comments.

CITY OF RIVERBANK

REGULAR CITY COUNCIL AND

LOCAL REDEVELOPMENT AUTHORITY

BOARD MEETINGS
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers is located at
6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair:

Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS IN-PERSON AND VIRTUAL HYBRID MEETING WILL BE HELD IN ACCORDANCE WITH THE GOVERNOR’S EXECUTIVE ORDER N29-20, AS AMENDED BY ORDER N-08-21 REGARDING THE OPEN MEETING REQUIREMENTS OF THE RALPH M. BROWN ACT, THE FEDERAL AMERICANS WITH DISABILITIES ACT, AND ALSO WITH THE GOVERNOR’S “REOPENING” ORDERS (June 15, 2021),THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH’S COVID GUIDANCE, AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). THIS IS TO ENSURE THE PUBLIC CONTINUES TO HAVE SAFE ACCESS TO PARTICIPATE IN MEETINGS.

REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

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CC/LRA Minutes - 09/14/2021

8. PRESENTATIONS
Item 8.1. Proclamation – Historical Museum- 100th Year Anniversary.

Councilmember Campbell accepted the proclamation on behalf of the Historical Society.

Item 8.2. 2021 Cheese & Wine Festival Update.

Consultant Tamara Spade of Simply Devine Event provided the Festival update.

Item 9.1. Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 9.2. A Resolution [No. 2021-077] Authorizing the Approval of a Subrecipient Agreement between the City of Riverbank and the County of Stanislaus for the Community Development Block Grant Program for FY 2021-2022.

Item 9.3. Award Bid for the Patterson Road at First Street Project to Dirt Synasty, Inc. and Authorize Execution of Future Change Orders.

Item 9.4. A Resolution [No. 2021-078] Providing the City Manager, or Their Designee, Signature Authority for the Submittal of an Application for Funding to the State Water Board Community Water System COVID Relief Program.

Item 9.5. A Resolution [No. 2021-079] Authorizing the Allocation of Funds to Update the Parks & Recreation Component of the City’s System Development Fees and Authorize the City Manager to Enter into an Agreement for Professional Services between Willdan Financial Services and the City of Riverbank to Conduct the Study.

Item 9.6. Resolution [No. 2021-080] to Award a Contract for the Solid Waste Rate Study to Bartle Wells Associates, Authorize the City Manager to Execute the Contract, and Authorize a Budget Appropriation in the amount of $15,000 from the General Fund Reserves for Said Contract.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5-0) to approve Consent Calendar Items 9.1 through 9.6 as presented.

Motion carried by unanimous City Council and LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

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CC/LRA Minutes - 09/14/2021

10. PUBLIC HEARINGS
The Public Hearing Notice was published in the Riverbank News on 09/01/2021. For Items 10.2 and 10.3 a Notification Letter was also mailed on 08/30/2021 to each property owner within 300 feet of the property project matter based on the latest equalized assessment rolls of record by the Stanislaus County Assessor.

Item 10.1. Public Hearing to Adopt Resolution [No. 2021-081] of the City Council of the City of Riverbank Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 1; and
Resolution [No. 2021-082] of the City Council of the City of Riverbank Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Riverbank Community Facilities District No. 2016-1(Public Services) Annexation No. 1.

It is recommended that the City Council hold a public hearing and adopt resolutions annexing territory to a City of Riverbank Community Facilities District 2016-1 (Public Services) and to authorize the levy of a special tax therein to finance certain City services.

Samantha Labitan and Suzann Hernandez with Willdan Financial Services presented the staff report.

No comments, discussion, or clarification requests were made by the City Council.

Mayor O’Brien announced the purpose of the public hearing. Recorder Marisela Garcia stated that the notice of the public hearing was given in the form and manner as required by law.

Mayor O’Brien opened the public hearing at 6:35 p.m.

There were no public comments.

Mayor O’Brien announced that the filing of a written protest could be made to the City Clerk (Recorder present) by any other property owner that is subject to the proposed special taxes.

Recorder Marisela Garcia announced that there were no attendees online wishing to speak; there were no written comments in protest received.

Mayor O’Brien closed the public hearing at 6:38 p.m.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5-0) to adopt Resolution No. 2021-081 to Annex Territory to a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 1 as presented.

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CC/LRA Minutes - 09/14/2021
Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

Ms. Labitan proceeded with the Special Election portion of the annexation process, presenting the voter information, and the ballot measure, and special tax rates that would be implemented if a 2/3 vote is attained.

Recorder Marisela Garcia opened the ballots to record and tally the votes, which resulted in 100% of the votes by the property owners in favor of the measure; therefore, the property owners will be assessed a special tax on their property tax bills.

ACTION: By motion moved and seconded (Campbell / Uribe / passed 5-0) to adopt Resolution No. 2021-082 Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Riverbank Community Facilities District No. 2016-1(Public Services) Annexation No.

1. as presented.

Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

Item 10.2. First Reading by Title Only and Introduction of a Proposed Ordinance [No. 2021-005] Approving the Rezone of 4.6± Acres to Planned Development Located at 4131 Kentucky Avenue (APN 062-022-020) – A Project Known as Countryside III; and
A Resolution [No. 2021-083] Approving Vesting Tentative Map 03-2020 For McRoy Wilbur Communities, Located At 4131 Kentucky Avenue (APN 62-022-020) – A Project Known as Country Side III.

It is recommended that the City Council conduct the public hearing for the first reading and introduction of the proposed ordinance and consider its approval, which initiates the second reading at the September 28, 2021, regular City Council meeting or soon thereafter to consider its adoption, and by separate roll call vote adopt the proposed resolution for the planned development project.

Associate Planner Gabriel Salazar presented the staff report.

Mayor O’Brien opened the public hearing at 6:55 p.m.; there were no public comments, the hearing was closed.

ACTION: By motion moved and seconded (Barber-Martinez / Hernandez / passed 5-0) to approve the first reading and introduction of the proposed Ordinance [No. 2021-005] to initiate a

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CC/LRA Minutes - 09/14/2021
second reading by title and consider its adoption on 09/28/2021, as presented. Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
ACTION: By motion moved and seconded (O'Brien / Uribe / passed 5-0) to adopt Resolution No. 2021-083 to Approve Vesting Tentative Map 03-2020 For McRoy Wilbur Communities, Located At 4131 Kentucky Avenue (APN 62-022-020) – A Project Known as Country Side III as presented.

Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.3. First Reading by Title Only and Introduction of a Proposed Ordinance [No. 2021-006] Approving the Rezone of 5.9 ± Acres to Planned Development, Located At 6448 Claus Road (APN 062-020-001) – A Project Known as The Heritage Collection; and
A Resolution [No. 2021-084] Approving Tentative Map 01-2021 for SCM Hearthstone, LLC, Located At 6448 Claus Road (APN 062-020-001) – A Project Known as The Heritage Collection.

Associate Planner Gabriel Salazar presented the staff report.

Council and Staff discussed the project; clarification was made on why there was no requirement of including a park, and a park in lieu fee would be paid, and other nearby subdivision projects that will provide a park.

Mayor O’Brien opened the public hearing at 7:12 p.m.; there were no public comments, the hearing was closed.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to approve the first reading and introduction of the proposed Ordinance [No. 2021-006] to initiate a second reading by title and consider its adoption on 09/28/2021, as presented. Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

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ACTION: By motion moved and seconded (O'Brien / Uribe / passed 5-0) to adopt Resolution No. 2021-084 to Approve Approving Tentative Map 01-2021 for SCM Hearthstone, LLC, Located At 6448 Claus Road (APN 062-020-001) – A Project Known as The Heritage Collection as presented.

Motion carried by unanimous City Council/LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

11. NEW BUSINESS
Item 11.1. A Resolution [No. 2021-085] Approving the City of Riverbank 2022- 2027 Strategic Plan – It is recommended that City Council:

1. Approve the proposed resolution which approves the proposed City of Riverbank 2022-2027 Strategic Plan.

2. Alternative action: The Council may choose to approve the strategic plan with specific amendments (if desired).

3. Alternative action: Request revisions or more analysis and consider at a future Council meeting date.

City Manager Sean Scully introduced Kendal Flint [Strategic Plan Facilitator] who presented the strategic plan and the changes made.

There were no public comments.

ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5-0) to adopt Resolution No. 2021-085 Approving the City of Riverbank 2022-2027 Strategic Plan as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2. Riverbank Recycled Water Project Planning Studies – Project Status Report and Implementation Steps – Staff recommends that City Council receive an update and presentation on the current status of the City of Riverbank Recycled Water Planning Studies and provide feedback and direction on proposed implementation steps as appropriate.

City Manager Sean Scully introduced the matter. KSN, Inc. Engineer Neal Colwell presented the report.

Discussion on the timeliness of the steps, the funding of the project, and the many steps that need to be completed under the recommended continued project management of Mr. Colwell.

There were no public comments.

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Item 11.3. Direction on League of California Cities Annual Conference Resolutions – It is recommended that the City Council provide direction to the voting member regarding the City of Riverbank’s position on the resolution which will be considered at this year’s League of California Cities Annual Conference General Assembly.

City Manager Sean Scully presented the staff report on the two Cal Cities Resolutions:

Resolution Number 1: Resolution of the League Of California Cities (“Cal Cities”) Calling On The State Legislature To Pass Legislation That Provides For A Fair And Equitable Distribution Of The Bradley Burns 1% Local Sales Tax From In-State Online Purchases, Based On Data Where Products Are Shipped To, And That Rightfully Takes Into Consideration The Impacts That Fulfillment Centers Have On Host Cities But Also Provides A Fair Share To California Cities That Do Not and/or Cannot Have A Fulfillment Center Within Their Jurisdiction; and
Resolution Number 2: A Resolution Calling Upon the Governor and The Legislature to Provide Necessary Funding for CPUC To Fulfill Its Obligation to Inspect Railroad Lines to Ensure That Operators Are Removing Illegal Dumping, Graffiti and Homeless Encampments That Degrade the Quality of Life and Results in Increased Public Safety Concerns for Communities and Neighborhoods That Abuts the Railroad Right-of-Way.

Direction was provided to have voting delegate Councilmember Barber-Martinez recommend an amendment to Resolution #1 to have California conduct a study on how to equitably share sales tax based on online sales, and vote in support of resolution #2.

Item 12.1. Staff
· City Manager Sean Scully reported that from this point forward the policy will be to have staff and consultants make their presentations in person, unless there is a special circumstance, due to the difficulties that may arise using the ZOOM platform; reported on his luncheon with the homeless population and the positive feedback from the community for the homeless services project; and announced several matters that will be forthcoming for Council’s consideration.

Item 12.2. Council/Authority Member
· Council/Authority Member Hernandez commented on clarification of how the homeless were going to be addressed, which was not clear in Resolution #2 [previously considered by Council Item 11.2]; suggested a phone call could be conducted in regards to use of ZOOM; and she will be establishing a committee for LOVE Riverbank event.

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CC/LRA Minutes - 09/14/2021
· Council/Authority Member Campbell commented on helping others who have been affected by the current climate disasters; and thanked the Public Works Dept. and Police Dept. for their assistance starting the old fire engine.
· Council/Authority Member Barber-Martinez announced September as National Preparedness Month; provided an update on the Stanislaus Homeless Alliance activities; announced that El Concilio was providing COVID testing; announced that the Stanislaus Community System of Care would be discussing the Regional Homeless Statistics Plan and the Community Action Partnership with United Way, and will be bringing a 211 services program to the County; announced that the Point and Count process may change; and reported on her attendance of a webinar on Prop 68. · Vice Mayor/Chair Uribe announced his scheduled attendance of the [Cal Cities] conference next week.

Item 12.3. Mayor/Chair
Mayor/Chair O’Brien requested staff look into the reason for green ribbons tied to trees; recommended Council look into adoption of a policy on ag land mitigation; reported on the positive negotiations between the City and County on the tax sharing agreement; recommended that the Council consider having an advocate in [Washington] DC and Sacramento; and to develop a plan to be prepared for a windfall of funds the City may receive that directs how the funds will be used in the future.

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board adjourning to Closed Session.

Item 13.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9)
Name of Case: Carlson Morgan, LLC vs. City of Riverbank Local Redevelopment Authority
Stanislaus Superior Court Case No.: CV-21-001556
Item 13.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: APN: 132-017-017; Address: 3338 Sierra St, Riverbank, CA Agency Negotiator: Sean Scully, City Manager
Property Negotiator: Delbert and Gracie Liles
Under Negotiation: Price, terms of payment, or both
Item 13.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: APN: 132-017-013; 132-010-014, and 132-010-062; Addresses:
6825, 6827, and 6813 Third Street, Riverbank, CA
Agency Negotiator: Sean Scully, City Manager
Property Negotiator: Dhirendra & Saroj Patel
Under Negotiation: Price, terms of payment, or both

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CC/LRA Minutes - 09/14/2021
Mayor/Chair O’Brien announced the Closed Session Item and opened the Item for public comment; no one spoke. The Council and LRA Board recessed to Closed Session at 8:29 p.m.

14. RECONVENE – REPORT FROM CLOSED SESSION
Mayor/Chair O’Brien reconvened the meetings at 5:54 p.m.

Mayor O’Brien reported that direction was provided to staff on Items 13.1, 13.2, and 13.3.

15. ADJOURNMENT OF THE REGULAR MEETING (Immediately after Closed Session) There being no further business, Mayor/Chair O’Brien adjourned the regular meeting at 8:55 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
_____________________________ ____________________________ Annabelle H. Aguilar, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor / Chair
(Action confirmed by review of the recording)

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CC/LRA Minutes - 10/26/2021

MINUTES
TUESDAY, OCTOBER 26, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Mayor/Chair Richard D.

O’Brien presiding.

2. FLAG SALUTE – Lead by Mayor O’Brien.

3. INVOCATION – Conducted by Reverend Randy Richardson.

4. ROLL CALL – All Members of the City Council were present in the chamber.

5. AGENDA CHANGES – There were no changes made.

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

No one declared a conflict.

7. PUBLIC COMMENTS (No Action Can Be Taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes or as stated by the presiding Officer. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
(Public Comment Procedures via ZOOM were provided on the last page of the agenda.) Public comments in opposition of the potential River Walk Project were made by Barney Eggers, Susan Wagner, Annabel Gammon, Dan Whitestone, Karen Carrado, Karen Mitchell, Kent Mitchell, and Fred Walters. Steve Wilford, Oakdale, provided a $300 donation to the Shop-with-a-Cop program.

CITY OF RIVERBANK

REGULAR CITY COUNCIL AND

LOCAL REDEVELOPMENT AUTHORITY
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair:

Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

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CC/LRA Minutes - 10/26/2021

8. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.

Item 8.1. Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 8.2. Approval of the October 12, 2021 City Council and Local Redevelopment Authority Board Minutes.

Item 8.3. A Resolution [No. 2021-098] Authorizing the City Manager to Execute a Contract with the Stanislaus Council of Governments (StanCOG) for the Suballocation of Regional Early Action Planning (REAP) Grant Funds City Clerk Annabelle Aguilar stated that she would be making a minor correction to the comments made by Councilmember Hernandez for accuracy in the October 12th minutes.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to approve Consent Calendar Items 8.1 and 8.2, and Item 8.3 with the amended comments.

Motion carried by unanimous City Council and LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

9. PUBLIC HEARINGS
The Public Hearing Notice was published in the Riverbank News on 10/13/2021 Item 9.1. Public Hearing – Consideration of A Resolution [No. 2021-099] to Adopt the 2020 Revised Urban Water Management Plan; and A Resolution [No. 2021-100] to Adopt the 2020 Revised Water Shortage Contingency Plan – Staff recommends City Council conduct the public hearing on the 2020 Public Draft Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) and consider the adoption of each resolution separately by roll call vote.

KSN, Inc. Engineer Neal Colwell presented the staff report. Spanish Interpreter Saida Sanchez was present to provide assistance as needed.

Mayor O’Brien opened the public hearing at 6:35 p.m.
· Lillian Miller commented in regards to the UWMP plan prematurely taking into consideration the River Walk Project.
· Evelyn Halbert commented in regards to a bad sprinkler on Oakdale Road, and sought clarification of any water ordinance changes.

Mayor O’Brien closed the public hearing at 6:42 p.m.

City Manager Scully stated that the plans will reflect in the appendixes the most current Code references.

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CC/LRA Minutes - 10/26/2021
ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5-0) to adopt Resolution No. 2021-099 to Adopt the 2020 Revised Urban Water Management Plan as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

ACTION: By motion moved and seconded (O'Brien / Campbell / passed 5-0) to adopt Resolution No. 2021-100 to Adopt the 2020 Revised Water Shortage Contingency Plan as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

10. NEW BUSINESS
Item 10.1. Redistricting Timeline Discussion – Consider information from City staff regarding the redistricting process and associated timeline for adoption and implementation.

City Attorney Tom Hallinan presented the staff report on the process and timelines to meet. Four public hearings as required are scheduled for November 3, 2021, January 4, 2022, March 8, 2022, and March 22, 2022, which is the date that the selected final district boundaries map is to be adopted.

There were no public written or oral comments.

Item 10.2. Consideration of a Resolution [No. 2021-101] Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment – Staff recommends Council adopt a Resolution authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Virtual Meeting Environment.

City Manager Sean Scully presented the staff report and stated that staff was working towards technology upgrades, and offering the chamber’s conference phone number as a backup to receive public comments.

City Council and Staff discussed the Item ; there was consensus to continue hybrid meetings as it is seen as the future method of public participation, and because the Governor’s proclamation of a COVID emergency is still in effect.

There were no public written or oral comments.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5-0) to adopt Resolution No. 2021-101 Authorizing the City to Implement Teleconferenced Public Meetings Pursuant

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CC/LRA Minutes - 10/26/2021
to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment as presented, and to also approve having this matter be placed on the Consent Calendar of the November 9th City Council agenda.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.3. Resolution [No. 2021-102] to Adopt the City of Riverbank’s Bicycle and Pedestrian Master Plan – It is recommended that the City Council consider approving the Resolution to Adopt the City of Riverbank’s Bicycle and Pedestrian Master Plan.

Development Services Administration Manager Kathleen Cleek introduced Consultant Jeff Knowles of Alta Planning + Design who made the Master Plan presentation.

City Council provided their comments to the plan.

There were no public written or oral comments.

ACTION: By motion moved and seconded (Hernandez / Uribe / passed 5-0) to adopt Resolution No. 2021-102 to Adopt the City of Riverbank’s Bicycle and Pedestrian Master Plan as presented. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

Item 10.4. A Resolution [No. 2021-103] Approving a Memorandum Of Understanding with Cambridge Academies to Provide
Outreach/Engagement and Shelter Operation Services for the City of Riverbank Funded by the California Emergency Solutions Grant Round 2 and Authorizing the City Manager to Execute the Agreement – It is recommended that the City Council consider approving the proposed resolution approving the attached MOU with Cambridge Academies and Authorizing the City Manager to execute the agreement.

City Manager Sean Scully presented the staff report.

There were no public written or oral comments.

ACTION: By motion moved and seconded (Hernandez / Uribe / passed 5-0) to adopt Resolution No. 2021-103 Approving a Memorandum of Understanding with Cambridge Academies to Provide Outreach/Engagement and Shelter Operation Services for the City of Riverbank Funded by the California Emergency Solutions Grant Round 2 and Authorizing the City Manager to Execute the Agreement as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

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CC/LRA Minutes - 10/26/2021
Item 10.5. Consideration of A Resolution [No. 2021-104] Declaring the City Owned Parcel Located at the Northeast Corner of 3rd St and Stanislaus Street - Assessors Parcel Number 132-012-024 – It is recommended that the City Council consider approving the proposed resolution declaring APN 132-012-024 surplus land under the Surplus Land Act.

City Manager Sean Scully presented the staff report on the Stanislaus Housing Authority’s desire to build a Senior Community Center on the property.

Barbara Kause of the Housing Authority commented that they would be willing to speak to the Council on housing development in Riverbank, and commented on their desire to build a community center on the property that could be a multipurpose facility.

There were no other public written or oral comments.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to adopt Resolution No. 2021-104 Declaring the City owned parcel located at the Northeast Corner of 3rd St and Stanislaus Street - Assessors Parcel Number 132-012-024 as surplus property which will allow the City to move forward with a process under the Surplus Land Act to sell the City’s property. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

11. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 11.1. Staff
· City Manager Sean Scully announced a forthcoming budget item to fund the Centennial Celebration activities and thanked the Parks staff for a successful Haunted Hay Ride event. · Public Works Director Michael Riddell commented on the efforts it took to respond to all the flooding complaints due to the storm over the weekend.

Item 11.2. Council/Authority Member
· Council/Authority Member Hernandez commented on her meeting with Senator Eggman on the Promotora Program and how to support the program as it expands to Riverbank. · Council/Authority Member Campbell commented on the successful Haunted Hayride event. · Council/Authority Member Barber-Martinez reported on the Stanislaus Homeless Alliance; announced COVID vaccinations at the Riverbank Community Center and the Day of the Dead event. · Vice Mayor/Chair Uribe announced the Coat and Hoodie Drive, and the Trunk or Treat event at the Galaxy Theatre.

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Item 11.3. Mayor/Chair
Mayor/Chair O’Brien reported on his meeting, along with the City Manager, with the California Farmland Trust in Elk Grove for a discussion on classification of ag land and mitigation requirements; commented on the need to start the General Plan review process; and stated the City needs advocates in Sacramento and Washington D.C.

12. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board adjourning to Closed Session.

Item 12.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to subdivision (b) of Government Code § 54956.9) Number of cases: 2 potential cases
Item 12.2. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code § 54957.6)
Agency representative: City Manager Sean Scully
Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit
Mayor/Chair O’Brien announced the Closed Session Item and opened the Items for public comment; no one spoke. The meetings were recessed at 7:59 p.m. to Closed Session.

13. RECONVENE – REPORT FROM CLOSED SESSION
Mayor O’Brien reported that direction was provided to staff on Items 12.1 and 12.2.

14. ADJOURNMENT
There being no further business, Mayor/Chair O’Brien adjourned the regular meeting at 8:42 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
_____________________________ ____________________________ Annabelle H. Aguilar, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor / Chair

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Special CC Minutes - 11/03/2021

MINUTES
WEDNESDAY, NOVEMBER 3, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Vice Mayor Luis Uribe presiding.

2. FLAG SALUTE – Lead by Vice Mayor Uribe.

3. ROLL CALL – All Members of the City Council were present in the chamber, except Mayor O’Brien who attended via ZOOM at 6:05 p.m.

Vice Mayor Uribe announced that the agenda was revised, in compliance with the Brown Act so that the City Council could address an emergency situation that has created a public safety hazard and a project work stoppage.

4. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

No one declared a conflict.

5. PUBLIC HEARING
The public hearing notice was published in the Modesto Bee on 10/27/2021.

Item 5.1 1st Public Hearing – Redistricting Process for Riverbank’s Four (4) Councilmember District Boundaries – It is recommended that the City Council receive the introductory redistricting process information presented by National Demographics Corporation (NDC) Consultant Doug Yoakam, and thereafter conduct the public hearing on this matter. (Refer to the last page of this agenda for the Public Comment Procedures.)

NOTICE AND CALL OF A

SPECIAL RIVERBANK CITY COUNCIL

HYBRID MEETING
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor Richard D. O’Brien
Vice Mayor (CM-D1) Luis Uribe
Councilmembers:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

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Special CC Minutes - 11/03/2021
City Manager Sean Scully introduced National Demographics Corporation Consultant Doug Yoakam who would be making the presentation, and introduced Spanish Interpreter Saida Sanchez who announced in Spanish her availability to provide assistance.

Mr. Yoakam proceeded with the first public hearing presentation, of the required four hearings, on redistricting to inform the pubic of the process and to encourage public input on the redrawing of district boundaries.

Vice Mayor Uribe announced that the Mayor joined the meeting via ZOOM (at 6:05 pm).

At 6:12 p.m. the broadcasting of the meeting via YouTube was lost and therefore Vice Mayor Uribe recessed the meeting in accordance with the amended Brown Act by AB 361 that required the meeting to be stopped until the broadcasting was restored.

The meeting reconvened at 6:21 p.m.; Mr. Yoakam proceeded with the redistricting presentation.

City Council and staff discussed the outreach efforts, and the location of the hearings.

Vice Mayor Uribe opened the public hearing at 6:36 p.m.; there were no comments, the hearing was closed.

5. PUBLIC COMMENTS (No Action Can Be Taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes or as stated by the presiding Officer. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
(Public Comment Procedures via ZOOM were provided on the last page of the agenda.) There were no public comments.

7. NEW BUSINESS
Emergency
Item 7.1 An Emergency Situation has come to the Attention of the City Subsequent to the Special Agenda being Posted 24 Hours before the Special City Council Meeting on November 9 3, 2021, that Requires Immediate Action by City Council, which has Created Work Stoppage and Severely Impairs Public Safety Provided by the Stanislaus Consolidated Fire Protection District’s Local Fire Station due to Blockage of the Station’s Access.

A Resolution [No. 2021-106] to Address an Emergency Situation and to Approve the Appropriation of Additional Funds to the Topeka Street Improvement Project Between 3rd And 5th Streets Due to Unforeseen Conditions – It is recommended that City Council:

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Special CC Minutes - 11/03/2021

1. First determine, by a majority vote, that that an emergency situation exists that requires your immediate attention and which created work stoppage and severely impairs public safety; and

2. Receive the staff report presentation; and

3. Consider adoption of the proposed resolution by a 2/3 vote of the Members present.

The Council agreed that an emergency situation existed that required their immediate attention.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5-0) determining that an emergency situation exists that requires their immediate attention and action.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
City Manager Sean Scully informed Council that the Topeka Street Improvement Project could not properly solidify as a result of heavy rainfall leaving a public safety and work stoppage situation.

Development Services Administrative Manager Kathleen Cleek presented the proposed engineering solution to the problem that would require the appropriation of funds for the unexpected cost of the remedy that would quickly resolve the work stoppage and the public safety issue.

Mayor O’Brien recommended staff look into LTF and other fund reserves to replace the SB 1 funds.

ACTION: By motion moved and seconded (Campbell / Barber-Martinez / passed 5-0) to adopt Resolution No. 2021-106 for approval to Address the Emergency Situation and to Approve the Appropriation of Additional $125,000 from SB 1 Funds to the Topeka Street Improvement Project Between 3rd And 5th Streets Project due to unforeseen conditions.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

8. ADJOURNMENT
There being no further business, Vice Mayor Uribe adjourned the special meeting at 6:55 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
_____________________________ ____________________________ Annabelle H. Aguilar, CMC Luis Uribe
City Clerk Vice Mayor

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CC/LRA Minutes - 11/09/2021

MINUTES
TUESDAY, NOVEMBER 9, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Mayor/Chair Richard D.

O’Brien presiding.

2. FLAG SALUTE – Lead by Mayor O’Brien

3. INVOCATION – Conducted by Reverend Randy Richardson.

4. ROLL CALL – All Members of the City Council were present in the chamber.

5. AGENDA CHANGES – There were no changes made.

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

No one declared a conflict.

CITY OF RIVERBANK

REGULAR CITY COUNCIL AND

LOCAL REDEVELOPMENT AUTHORITY
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair:

Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

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CC/LRA Minutes - 11/09/2021

Item 8.1. Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 8.2. A Resolution [No. 2021-105] Approving the City Manager or (his/her) Designee as the Signature Authority for the 2021-22 California Budget Act Funding Allocation of $2,000,000 from the State of California General Fund.

Item 8.3. A Resolution [No. 2021-107] Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Riverbank Pursuant to Assembly Bill 361 and Brown Act Provisions.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to approve Consent Calendar Items 8.1, 8.2, and 8.3 as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

9. PUBLIC HEARINGS
The Public Hearing Notice was published in the Riverbank News on 10/27/2021.

Item 9.1. First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV, Land Usage, by repealing in their entirety Section 153.003 DEFINITIONS and Section 153.325 ACCESSORY DWELLING UNITS, and substituting them with new Sections 153.003 and 153.325 and Adding New Sections 153.326 through 153.330 – It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance to consider its approval; if approved, the second reading of the ordinance by title only will be scheduled for the next regular City Council meeting on December 14, 2021, for consideration of its adoption.

The ZOOM connection was lost at 6:06 pm and the meeting proceedings were stopped; the issue was resolved and the meeting resumed at 6:09 pm.

JB Anderson Land Use Planning Consultant David Niskanen announced for the record that the PH notice published should have indicated the addition of new Sections 153.326 through 153.330 to the Ordinance; he proceeded to present the Item.

Mayor O’Brien opened the public hearing at 6:16 p.m.; there were no public written or oral comments; the hearing was closed.

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ACTION: By motion moved and seconded (Barber-Martinez / Campbell / passed 5-0) to approve the first reading and introduction of the proposed Ordinance [No. 2021-007] to initiate a second reading by title and consider its adoption on 12/14/2021, as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

10. WORKSHOPS
Information and educational presentation of a subject matter to receive direction and to prepare for its future consideration and decisions by the City Council.

Item 10.1. Workshop - Ag Mitigation Strategy – It is recommended that the City Council participate in a workshop on Ag Mitigation Strategies and provide feedback and direction as necessary.

City Manager Sean Scully presented the staff report.

City Council and Staff discussed the Item. Direction was given to move forward with the blended fee rate, collect the fees and submit them to the Farmland Trust, and build in flexibility of the program. City Manager Scully stated that the ag mitigations fees are built into the building permit.

There were no public written or oral comments.

Item 10.2. Workshop - Project Update and Implementation Steps of Riverbank Recycle Water and Wastewater Treatment Plant Upgrade – It is recommended that Council participate in a workshop providing an update on the implementation steps associated with the Riverbank Recycled Water and Wastewater Treatment Plant Upgrade project and provide direction as needed.

City Manager Sean Scully presented the staff report, and stated that this update was one of many steps that will be presented to the Council.

There were no public written or oral comments.

11. NEW BUSINESS
Item 11.1. A Resolution [No. 2021-108] Approve the Appropriation of An Amount Not to Exceed $50,000 from the General Fund Reserve to Fund the City of Riverbank Centennial Events, Activities and Materials – It is recommended that the City Council approve the proposed resolution appropriating an amount not to exceed $50,000 to fund a variety of events in celebration of the City of Riverbank centennial.

City Manager Sean Scully presented the staff report.

City Council and Staff discussed the Item. Council spoke in support of the plans.

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ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5-0) to adopt Resolution No. 2021-108 Approving the Appropriation of An Amount Not to Exceed $50,000 from the General Fund Reserve to Fund the City of Riverbank Centennial Events, Activities, and Materials as presented. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2. A Resolution [No. 2021-109] Approving the Suspension of the Recruitment Process to Fill the 2021 Expired Planning Commissioner Terms Due to a COVID-19 State of Emergency and to Appoint the Current Commissioner’s to Serve a One-Year Interim Appointment Expiring December 31, 2022 – It is recommended that the City Council consider the adoption of the proposed resolution to allow current primary Planning Commissioners Steve Link and John Dinan, and alternate Planning Commissioner Ben Reuben, whose terms are scheduled to expire on December 31, 2021, to continue serving in their capacities and thereby alleviate the need to conduct a recruitment process under the current COVID-19 state of emergency.

City Clerk Annabelle Aguilar presented the staff report.

Council spoke in favor of this recommendation, which will be revisited in one year.

ACTION: By motion moved and seconded (Campbell / Hernandez / passed 5-0) to adopt Resolution No. 2021-109 to Approve the Suspension of the Recruitment Process to Fill the 2021 Expired Planning Commissioner Terms Due to a COVID-19 State of Emergency and to Appoint Current Primary Commissioner’s Steve Link and John Dinan, and alternate Commissioner Ben Reuben to Serve a One-Year Interim Appointment Expiring December 31, 2022 as presented. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

Item 12.1. Staff
· City Manager Scully announced the City’s Christmas events.

Item 12.2. Council/Authority Member

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· Council/Authority Member Barber-Martinez thanked the Planning Commissioners for their commitment, reported on her attendance of a COVID webinar, and announced several Christmas activities.
· Vice Mayor/Chair Uribe announced the Small Business Saturday, November 27th and encouraged everyone to consider shopping locally; mentioned several items of interest in the Bipartisan Infrastructure Deal; and Chief Ridenour spoke in regards to the successful fundraiser with Cool Hand Lukes Restaurant for the Shop-with-a-Cop program.

Item 12.3. Mayor/Chair
Mayor/Chair O’Brien reminded everyone to consider the many Veteran casualties as a result of them taking their lives, and to consider their mental health.

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board adjourning to Closed Session.

Item 13.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code § 54956.9(a))
Name of Case: Carlson Morgan, LLC v. City of Riverbank, Local Redevelopment Authority
Stanislaus County Superior Court Case No. CV-21-001556
Item 13.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property: 6509 Claus Rd., Riverbank, [APN 132-048-016]
Agency Negotiator: City Manager Sean Scully
Property Negotiator: Esam Khacho
Under Negotiation: Price, terms of payment, or both
Mayor/Chair O’Brien announced the Closed Session Items and opened the Items for public comment; there were no public comments. The meetings were recessed at 7:03 p.m. for Closed Session.

14. RECONVENE – REPORT FROM CLOSED SESSION

Mayor/Chair O’Brien reconvened the meeting at 7:24 p.m.

Mayor O’Brien reported that direction was provided to staff on Items 13.1 and 13.2.

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CC/LRA Minutes - 11/09/2021

15. ADJOURNMENT
There being no further business, Mayor/Chair O’Brien adjourned the regular meeting at 7:24 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
_____________________________ ____________________________ Annabelle H. Aguilar, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor / Chair

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Special CC Minutes - 12/07/2021

MINUTES
TUESDAY, DECEMBER 7, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Mayor Richard D. O’Brien presiding, and Assistant City Manager/ASD Marisela Garcia recording in the absence of City Clerk Annabelle Aguilar.

2. ROLL CALL – All Members of the City Council were present in the chamber.

3. PUBLIC COMMENTS (No Action Can Be Taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes or as stated by the presiding Officer. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.

There were no public comments.

4. CLOSED SESSION
City Council recessed into closed session at 6:02 p.m.

Item 4.1 Public Employment
(Pursuant to GC § 54957(b)(1))
Position: City Manager
Mayor O’Brien reported that direction was provided to staff on this Item.

Item 4.2 Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to GC § 54956.9(b) Number of cases: (1) potential case

Mayor O’Brien reported that by a unanimous vote of 5-0 (motioned by Mayor O’Brien; seconded by Vice Mayor Uribe) motion passed to proceed with litigation/arbitration with Schneider Electric.

NOTICE AND CALL OF A

SPECIAL RIVERBANK CITY COUNCIL

CLOSED SESSION
(In-Person Only:

Face Mask Required)
Council Chambers, 6707 Third St.,
Suite B, Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor Richard D. O’Brien
Vice Mayor (CM-D1) Luis Uribe
Councilmembers:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez

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Special CC Minutes - 12/07/2021

8. ADJOURNMENT
There being no further business, Mayor O’Brien adjourned the special meeting at 7:28 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
_____________________________ ____________________________ Marisela Garcia Richard D. O’Brien
Asst. City Manager / Recorder Mayor

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CC/LRA Minutes - 12/14/2021

MINUTES
TUESDAY, DECEMBER 14, 2021– 6:00 P.M.

1. CALL TO ORDER – This meeting was opened at 6:00 p.m. with Mayor/Chair Richard D. O’Brien presiding.

2. FLAG SALUTE – Lead by Mayor O’Brien.

3. INVOCATION – Conducted by Charles Neal who also held a moment of silence for the victims of the tornados [Kentucky and surrounding area].

4. ROLL CALL – All Members of the City Council were present in the chamber; Councilmember Hernandez arrived at 6:12 p.m. City Attorney Josh Varisky was present.

5. AGENDA CHANGES – Mayor O’Brien announced that Council/LRA Item 9.2 would be considered prior to 7. Public Comments.

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

No one declared a conflict.

Council proceeded to Item 9.2.

CITY OF RIVERBANK

REGULAR CITY COUNCIL AND

LOCAL REDEVELOPMENT AUTHORITY
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair:

Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:

District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT AND THE RECENT STANISLAUS COUNTY HEALTH OFFICER’S MANDATORY FACE COVERING ORDER (Sept.2, 2021). WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.

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CC/LRA Minutes - 12/14/2021
Annabel Gammon, a woman, a gentleman, Jennifer Whetstone, Karen Peratto, Fred Walton, Matt Venman spoke in opposition of the potential River Walk Development Project.

Keryn Whitlow commented in regards to vaccination mandates and asked for a Council resolution opposing the mandate of vaccinations.

Charles Neal commented on the traffic problem around the Rio Altura School.

Item 8.1. Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 8.2. Consideration of a Resolution [No. 2021-110] Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

Item 8.3. A Resolution [No. 2021-112] Authorizing the Transition of a Public Works Administrative Intern Position (Part-Time) to an Administrative Clerk Position (Full-Time) and Allocate $17,500 in Funding from the Water and Sewer Operating Funds for Additional Salary and Benefit Costs.

Item 8.4. Acceptance of the Sewer Collection System Smoke Testing Project Conducted by National Plant Services and Coordinated and Inspected by Kjeldsen, Sinnock, Neudeck, Inc. and Authorization to File a Notice of Completion.

Item 8.5. A Resolution [No. 2021-111] Authorizing the City Manager to Execute a Grant Agreement for a California Emergency Solutions Grant to Fund Homeless Outreach and Shelter Services in Riverbank.

Item 8.6. Approval of the July 27, 2021 City Council and Local Redevelopment Authority Board Minutes.

Item 8.7. Approval of the August 24, 2021, City Council and Local Redevelopment Authority Board Minutes.

Item 8.8. Approval of the September 7, 2021 Special City Council Minutes.

LRA Item 8.9. A Resolution [No. 2021-007] Approving the First Amendment to Agreement for Local Redevelopment Authority General Counsel Services and Have the LRA Chair Execute the First Amendment.

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CC/LRA Minutes - 12/14/2021
ACTION: By motion moved and seconded (Barber-Martinez / Hernandez / passed 5-0) to approve Consent Calendar Items 8.1 through 8.9 as presented.

Motion carried by unanimous City Council and LRA Board roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

9. UNFINISHED BUSINESS
Item 9.1. Second Reading by Title Only of Proposed Ordinance 2021-007 Amending the Riverbank Municipal Code by Repealing in Their Entirety Sections 153.003: Definitions and 153.325: Accessory Dwelling Units; Substituting Them with New Sections 153.003 and 153.325 and Adding New Sections 153.326 through 153.330 – It is recommended that the City Council review the proposed ordinance to consider its adoption.

City Manager Sean Scully presented the staff report.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5-0) to Amend the Riverbank Municipal Code by Repealing in Their Entirety Sections 153.003: Definitions and 153.325: Accessory Dwelling Units; Substituting Them with New Sections 153.003 and 153.325 and Adding New Sections 153.326 through 153.330 by adoption of Ordinance [No. 2021-007] as presented. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
City Council/LRA
Item 9.2. A City Council Resolution [No. 2021-113] and Local Redevelopment Authority Board Resolution [No. 2021-008] of the Riverbank City Council and Local Redevelopment Authority Board Approving a Purchase and Sale Agreement for Parcels 2 and 2A at the Riverbank Industrial Complex with Aemetis Properties Riverbank, LLC – It is recommended that the City Council and LRA Board adopt the Resolution to approve a Purchase and Sale agreement with Aemetis Properties Riverbank, Inc. for Parcels 2 and 2A at the Riverbank Industrial Complex.

City Manager Sean Scully introduced the Item, and LRA Attorney George Schlossberg presented the staff report via ZOOM.

A brief signing ceremony with Mayor O’Brien and Aemetis CEO and owner Eric McAfee was held.

Council returned to the order of the agenda with 7. Public Comments.

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CC/LRA Minutes - 12/14/2021

10. PUBLIC HEARINGS
The Public Hearing Notices were published in the Riverbank News on 11/24/2021 for Item 10.1; on 12/01/2021 for Items 10.2 and 10.3; and on 11/24/2021 and on 12/01/2021 for Item 10.4.

Item 10.1. A Resolution [2021-115] Accepting the Fiscal Year 2020-21 Annual AB 1600 Report of System Development Fee Activity – It is recommended that the City Council adopt a Resolution accepting the Fiscal Year 2020-21 Annual AB 1600 Report of System Development Fee Activity.

Assistant Finance Director Tammy Alcantor presented the staff report.

Mayor O’Brien opened the public hearing at 6:49 p.m.; there were no public comments, the hearing was closed.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to adopt Resolution No. 2021-115 to Accept the Fiscal Year 2020-21 Annual AB 1600 Report of System Development Fee Activity as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.2. A Resolution [No. 2021-114] of the City Council of the City of Riverbank, California, Adopting the Modesto Subbasin Groundwater Sustainability Plan – It is recommended that the City Council adopt a resolution to approving the Modesto Subbasin Groundwater Sustainability Plan.

Public Works Director Michael Riddell presented the staff report.

City Council and Staff discussed the Item.

Mayor O’Brien opened the public hearing at 7:07 p.m.; there were no public comments, the hearing was closed.

ACTION: By motion moved and seconded (Campbell / Uribe / passed 5-0) to adopt Resolution No. 2021-114 Adopting the Modesto Subbasin Groundwater Sustainability Plan as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.3. A Resolution [No. 2021-116] Amending the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan - It is recommended that the City Council consider adopting a Resolution to amend the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan originally approved in July 2020.

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CC/LRA Minutes - 12/14/2021
Assistant City Manager/ASD Marisela Garcia presented the staff report.

Mayor O’Brien opened the public hearing at 7:12 p.m.; there were no public comments, the hearing was closed.

ACTION: By motion moved and seconded (Uribe / Hernandez / passed 4-0-1) to adopt Resolution No. 2021-116 to amend the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan originally approved in July 2020.

Motion carried by City Council roll call vote.

AYES: Campbell, Hernandez, Uribe, and Mayor O’Brien
NAYS: None / ABSENT: None / ABSTAINED: Barber-Martinez (declared a conflict of interest)
Item 10.4. A Resolution [2021-117] Adopting City of Riverbank Mixed-Use High Density Residential Integrated with Public Transportation and Retail Uses and Affordable Housing Fee Program – It is recommended that the City Council consider whether or not to approve the attached resolution approving a Mixed-Use High Density Residential Integrated with Public Transportation and Retail Uses and Affordable Housing fee program.

City Manager Sean Scully presented the staff report.

Council spoke in favor of the fee program.

Mayor O’Brien opened the public hearing at 7:29 p.m.
· Dave White of Opportunity Stanislaus spoke in favor of Council’s lead in development. · Keryn Whitlow spoke in favor of Council’s actions for moving forward.

Mayor O’Brien closed the public hearing at 7:30 p.m.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5-0) to adopt Resolution No. 2021-117 Adopting the City of Riverbank Mixed-Use High Density Residential Integrated with Public Transportation and Retail Uses and Affordable Housing Fee Program as presented. Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

11. NEW BUSINESS
Item 11.1. Presentation of the Solid Waste Rate Study Prepared by Bartle Wells Associates and Request to Establish the Public Hearing Date for the Adoption of the Proposed Solid Waste Rates on Tuesday, February 22, 2022 – It is recommended that the City Council accept a presentation of the Final Draft of the Solid Waste Rate Study and consider establishing the

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CC/LRA Minutes - 12/14/2021
Public Hearing date for the adoption of the proposed solid waste rates for Tuesday, February 22, 2022.

Assistant City Manager Marisela Garcia introduced the Item for consideration due to SB 1383 and Consultant Eric Helegson of Bartle Wells Associates who proceeded to present the study, and beginning the Prop 2018 process.

City Council discussed the Item.

There were no public written or oral comments.

ACTION: By motion moved and seconded (O'Brien / Uribe / passed 5-0) to accept the final draft Solid Waste Rate Study; to begin the Prop 218 process; and to set the public hearing date for Tuesday, February 22, 2022, as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Mayor O’Brien decided to consider Item 11.3 next.

Item 11.2. National Opioid Settlements – Recommendation is to approve the Resolution to elect to participate in the settlements with Riverbank’s allocation paid to Stanislaus County in support of the Stanislaus County Opioid Safety Coalition program.

A Resolution [No. 2021-118] Authorizing the City Manager to Participate in the Settlements Designated for Opioid Settlements.

Planning and Building Manager Donna Kenney presented the staff report.

City Council commented on their preference. If the City were to go into an agreement with Stanislaus County the resources must be returned to the City.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 4-1) to adopt Resolution No. 2021-118 Authorizing the City Manager to Participate in the Settlements Designated for Opioid Settlements, and adding the selection to have Stanislaus County receive the City’s funds directly with the reporting obligations.

Motion carried by City Council roll call vote.

AYES: Barber-Martinez, Campbell, Uribe, and Mayor O’Brien NAYS: Hernandez / ABSENT: None / ABSTAINED: None

Council proceeded to consider Item 11.4.

Item 11.3. A Resolution [2021-119] Approving a Memorandum of Understanding Between the City of Riverbank and Opportunity Stanislaus for Fiscal Years 2021/22 through 2025/26 for Economic Development and

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CC/LRA Minutes - 12/14/2021
Workforce Strategies -It is recommended that the City Council consider whether or not to approve the attached resolution which approves the MOU between Opportunity Stanislaus and the City of Riverbank and directs the City Manager to execute the MOU.

City Manager Sean Scully presented the staff report, stating there is a contribution increase.

Dave White of Opportunity Stanislaus reported on this organization changes and their strategic plan.

City Council spoke in favor of their economic support to local businesses, local jurisdictions, and providing various job program opportunities.

ACTION: By motion moved and seconded (Hernandez / Barber-Martinez / passed 5-0) to adopt Resolution No. 2021-119 Approving a Memorandum of Understanding Between the City of Riverbank and Opportunity Stanislaus for Fiscal Years 2021/22 through 2025/26 for Economic Development and Workforce Strategies as presented.

Motion carried by unanimous City Council roll call vote.

AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

Item 11.4. City Media Broadcasting Discussion and Direction – Council consider information and presentation provided by staff on options for future broadcasting and webcasting of City Council meetings.

City Manager Sean Scully presented the staff report informing Council of the investment that needs to be made to upgrade the media/audio equipment to continue with the ZOOM platform and other current media platforms and to consider stopping the live broadcasting of the meetings on the local cable government channels since that system is antiquated and it is an obstacle in connecting with a newer platform systems and costly to maintain.

Council spoke in favor of the equipment upgrade investment, moving to better quality and the most current HD platforms, and utilizing the cable channels by replaying the meeting videos, no longer broadcasting live.

Public comment was made by Evelyn Halbert who was opposed to stopping the live broadcasting of the cable channels, and the need to have the cable companies upgrade their system.

City Manager Scully stated that a poll would be conducted over social media or other avenues to determine it is necessary to keep the live cable broadcasting.

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CC/LRA Minutes - 12/14/2021
Item 12.1. Staff
· City Manager Scully sent out condolences to the victim’s family from the vehicle fatality. · City Clerk Annabelle Aguilar announced that the Stanislaus County Registrar of Voters will be conducting a voter education session in each of the nine cities.

Item 12.2. Council/Authority Member
· Council/Authority Member Hernandez commented information on Love Riverbank will be forthcoming.
· Council/Authority Member Barber-Martinez reported on her attendance of a webinar on challenges that immigrants face when they come to Americana; thanked the Parks and Recreation Staff for their successful Christmas events; and invited Council tto he Senior Christmas Brunch. · Vice Mayor/Chair Uribe the County’s Point and Time is searching for volunteers for the unsheltered homeless population, and reported on the successful Christmas party for the homeless.

Item 12.3. Mayor/Chair
Mayor/Chair O’Brien announced that City Manager Sean Scully submitted his resignation to take a position in the City of Lincoln and Council fully supports his decision. In the meantime, the Interim City Manager position has been offered to Assistant City Manager Marisela Garcia, with future negotiations if she does move forward in this position. City Council has full confidence in her leadership and her ability to perform in the position.

Mayor/Chair O’Brien thanked the Council for their strategic efforts and work ethics towards all the accomplishments; commented on the work force housing needs.

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board adjourning to Closed Session.

Item 13.1. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code § 54957.6)
Agency representative: City Manager Sean Scully
Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit
Item 13.2. PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code § 54957 (b)(1)
Position Title: Interim City Manager
Mayor/Chair O’Brien announced the Closed Session Item and opened the Item for public comment; no one spoke.

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CC/LRA Minutes - 12/14/2021
The meetings were recessed to Closed Session at 8:44 p.m.

14. RECONVENE – REPORT FROM CLOSED SESSION
Mayor/Chair O’Brien reconvened the meeting at 9:00 p.m.

Mayor O’Brien reported that direction was provided to staff on Item 13.1.

Mayor O’Brien reported that by a unanimous vote of 5-0, Assistant City Manager Marisela Garcia was appointed Interim City Manager.

15. ADJOURNMENT
There being no further business, Mayor/Chair O’Brien adjourned the regular meeting at 9:00 p.m.

ATTEST: (Adopted 01/11/2022) APPROVED:
______________________________ ____________________________ Annabelle H. Aguilar, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor / Chair

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Item 10.1– CC/LRA – 01/11/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 10.1
SECTION 10: UNFINISHED BUSINESS
Meeting Date: January 11, 2021
Subject: Riverbank Energy Efficiency Project - Direction on Funding Strategy and Final Project Scope with SitelogIQ
Submitted by: Sean Scully, City Manager

RECOMMENDATION
It is recommended that the City Council provide direction on the final project scope of the energy efficiency project as well as provide direction on the desired funding strategy for the project.

SUMMARY
At the 2021 Riverbank City Council Strategic Planning Session the Council expressed a desire to consider new innovative energy efficiency and micro grid projects. Similarly, many times over the past number of years Council has discussed a desire to see developments as well as City operations find alternative sources of energy in addition to finding ways to lower the City of Riverbank’s carbon footprint. Additionally, staff is always tasked with staying aware of opportunities to reduce costs for more efficient municipal operations.

At the August 24th City Council meeting the Council considered the general scope and project financing details for a solar and energy efficiency project within Riverbank.

SitelogIQ performed an energy audit of all City facilities and was tasked with creating a smaller scale project for City consideration. After a significant amount of analysis SitelogIQ met with City staff to propose a handful of solar locations, as well as lighting and HVAC upgrades. The sites initially proposed as sites for potential solar array locations included Whorton Park (adjacent to the water well), the Community Center parking lot and the Police Department parking lot to offset power usage at those locations. Subsequently, SitelogIQ also proposed a project location at the Wastewater Treatment Facility for possible solar as the Wastewater Treatment Facilitation is the City largest power user. All four locations would provide an added benefit of covered area for shaded parking, equipment storage, or covered park area.

At the August 24th meeting Council directed the City Attorney to move forward with negotiating the Letter of Agreement (LOA) to allow SitelogIQ to move into the design and engineering phase of the project. At the September 28th City Council meeting the

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Item 10.1– CC/LRA – 01/11/2022
City Council approved the LOA with SitelogIQ. Since that time SitelogIQ has been performing the in-depth engineering design and analysis of the project to prepare the project for eventual financing and construction.

UPDATED PROJECT COSTS:

Based on Council feedback SitelogIQ split the project into two different options detailed below. The analysis of both options has a number of assumptions built in that could vary slightly depending on actual market rate financing costs as well as economic conditions. Those assumptions are:

1. Financing Interest Rate – 2.75% (20-year term)

2. Assumed Utility Escalation Rate – 5.0% (this is based on historical PG&E rates which many years are higher than 5.0% increase).

3. Avoided HVAC and Lighting Maintenance Costs - $20,496 (based on the fact that the replacement units will be brand new and will likely have less maintenance and repair costs versus our current aged units).

It should be noted that based on initial conversations with bond finance experts the City of Riverbank could likely receive a lower interest rate than 2.75% which would decrease the financing cost and increase the overall positive cash flow of the project. This exact percentage will not be known until the financing package is complete and submitted for review by interested financing parties.

PROJECT CONSTRUCTION OPTIONS:

Project Option 1 – This project option contains all of the solar, HVAC and lighting improvements detailed in the original proposal. This includes a solar installation at the Whorton Well/Park site, Community Center, Police Station, and Wastewater Treatment Facility. For purposes of comparison the financial details that follow assume a 31% ARPA funding level (discussion on variation in ARPA funding levels is discussed in detail in the next section of this staff report). Attachment 1 details the cash flow analysis assuming an ARPA funding level of approximately $2,000,000 with a financing (loan) amount of $4,379,901. The total project cost for option 1 is approximately $6,379,901.

The project has a positive cumulative cash flow starting year 1 and after a 30-year term has a cumulative estimated savings of approximately $9,057,798 (see attachment 3).

Project Option 2 – Includes all components of project option 1 with the addition of a micro grid project as requested for consideration by the City Council. The microgrid would be located at the community center and would allow for uninterrupted power during an outage at that location (50-kilowatt battery system and 30-kilowatt generator system). This project option has different implications as it relates to project pay off and cash flow. The total project cost under option 2 is $7,124,920 ($929,817 increase in project cost over option 1). Based on the an assumed 34% ARPA funding assumption ($2,073,574), the cash flow of the project will not achieve a true cumulative positive cash flow until year 20 of a 30-year term. However, the final 10 years (this is

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Item 10.1– CC/LRA – 01/11/2022
after the loan has been generally paid of) will experience significant cumulative savings for a total of approximately $7,374,749 (see attachment 5). SitelogiQ has advised that significant cost of the microgrid primarily relates to the expensive batteries required. The SitelogiQ professionals have suggested that the City hold off on the microgrid portion of the project and reevaluate it in the future as battery technology becomes more widely available and affordable for these types of projects.

Project Direction Needed Part 1:

Staff is requesting based off of this information that Council direct staff on the final project scope (option 1 or 2) as it will have cash flow implications as will be discussed in the following ARPA funding strategy discussion below.

FINANCING STRATEGY - ARPA FUNDING/FINANCING (NOTE THESE FIGURES

ARE APPROXIMATE IN NATURE AND ARE WILL BE FINALIZED PRIOR TO FINANCING):

A key advantage to the financing of this project during this period of time is the availability and applicability of ARPA funding for this project as it relates to the Water/ Sewer and HVAC Components of this project. Using ARPA funding for a portion of the project allows for significant savings related to financing costs and interest payments.

Without ARPA contribution the cash flow for the project would take the majority of the loan term to generate a positive cumulative cash flow.

Council can use any combination of ARPA and Bond Financing it would like however, in the interests of clarity, transparency and (to some degree simplicity) staff have created cash flow considerations for three options. These three options assume project option number 1 is chosen from the section above.

Financing Option 1 – ARPA contribution at $1,000,000 – (15% of project cost) – The project would have an initial 2-year positive cumulative cash flow and then would operate under a negative cumulative cash flow until year 17 of a 30-year project life at which point the cumulative cash flow returns to a positive amount. The total estimated savings under this scenario is approximately $7,744,363. (See attachment 2) Financing Option 2 – ARPA Contribution at $2,000,000 (31% of project cost) – The project would have an immediate positive cash flow and that positive cash flow (savings) continues through the life of the project even with interest and maintenance payments included. The total estimated savings under this scenario is approximately $9,057,798. (See attachment 3)
Financing Option 3 – ARPA Contribution at $3,000,000 (45% of project cost) – The project would have an immediate positive cash flow and that positive cash flow (savings) continues through the life of the project even with interest and maintenance payments included. The total estimated savings under this scenario is approximately $10,371,232. (See attachment 4)

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Item 10.1– CC/LRA – 01/11/2022
At the time of the presentation staff will provide additional analysis as to the recommended and most prudent funding strategy for Council consideration.

Project Direction Needed Part 2 – Council may provide staff on which ARPA funding level is desired so that financing work may commence with appropriate bond advisors.

FINANCIAL IMPACT
As stated previously, there is a range of savings depending on financing of between $7.74M in savings to approximately $10.3M in savings (some general fund, some enterprise fund). This greatly depends on the project scope as well as anticipated financing rates for the project. Council will have the opportunity to issue final approval of the financing prior to moving forward with the project based on the direction received.

ATTACHMENTS

1. SitelogIQ Presentation

2. Cash Flow Analysis $1M in ARPA Funding

3. Cash Flow Analysis $2M in ARPA Funding

4. Cash Flow Analysis $3M in ARPA Funding

5. Micro Grid Project Option Cash Flow Analysis $2.07M in ARPA Funding Office: Monterey Energy, 1151 N. Del Rio Pl.

Ontario, CA 91764
855.440.8848
sitelogiq.com 1
Budget Relief & Facility Solutions (FS) Program
Custom Tailored for the City of Riverbank
Tuesday, November 23rd, 2021

INTRODUCTIONS
Jessica Ritter
Governmental Relations, Facility Solutions
Specialist

PROGRAM GOALS
• Achieve long-term cost savings through
reduced energy usage and Solar PV
• Upgrade antiquated and inefficient HVAC
& lighting equipment.
• Provide General Fund Relief
• Provide comprehensive funding solutions

HVAC SOLUTIONS FOR THE CITY OF RIVERBANK
HVAC Replacements:

City Hall South – 2 Units
Police Department – 6 Units
City Hall North – 2 Units

LIGHTING SOLUTIONS FOR THE CITY OF RIVERBANK
Lighting Replacements:

Interior + Exterior LED upgrades:
• Corporate Yard/Water Well #4
• Wastewater Treatment Plant
• Community Center Complex (& Teen
Center)
• Worton Park/ Well 6
• Police Station
• City Hall
• City Hall South
• Museum/ Office
• Sports Complex
• Castleberg Park
• Zerillo Park
• Jacob Meyers Park
• Silva Park

SOLAR SOLUTIONS FOR THE CITY OF RIVERBANK
Wastewater Treatment Plant:
• 655.0 kW
• Ground Mount & Carport
• 1,472 Solar Panels
• Year 1 Production – 1,113,031
kWh
• Performance Guarantee (Included)

SOLAR SOLUTIONS FOR THE CITY OF RIVERBANK
Community Center:
• 69.42 kW
• Carport
• 156 Solar Panels
• Year 1 Production – 110,444 kWh
• Performance Guarantee (Included)

SOLAR SOLUTIONS FOR THE CITY OF RIVERBANK
Police Station:
• 66.8 kW
• Carport
• 150 Solar Panels
• Year 1 Production – 102,770 kWh
• Performance Guarantee (Included)

SOLAR SOLUTIONS FOR THE CITY OF RIVERBANK
Worton Park/Well 6:
• 114.8 kW
• Carport
• 258 Solar Panels
• Year 1 Production – 183,564 kWh
• Performance Guarantee (Included)

MICRO-GRID SOLUTIONS FOR THE CITY OF RIVERBANK
Community Center:
• Battery System - 50 kW
• Generator – 30 kW

CITY OF RIVERBANK ENERGY PROJECT ENVIRONMENTAL BENEFITS The City of Riverbank’s proposed solar arrays will produce over 1,510,090 kilowatt-hours of electricity annually. Which is equivalent to:

ENERGY MANAGEMENT SERVICES (INCLUDED)

KEY FEATURES OF FACILITY SOLUTIONS PROGRAM
Economic Stimulus
SitelogIQ provides local labor and job creation for all of our clients.

Guaranteed Fixed Cost
Because SitelogIQ self-performs the work, from initial
concept to final sign off of the project we guarantee a Lump Sum Fixed Price for program implementation. We
design, implement, and commission the program, no
one else to point the finger at.

Guaranteed Workmanship & Savings
SitelogIQ delivers a variety of energy-efficiency solutions from solar, to lighting, to HVAC replacement solutions.

We provide a guarantee on not just the energy savings
but the quality of workmanship as well.

Manufacturer Agnostic
SitelogIQ does not represent or manufacture any product or equipment. This allows us to provide the “Best Solution” for our clients without trying to force our brand as part of the solution.

Financial Solutions
SitelogIQ provides multiple funding options and assistance including low Interest rate Loans.

Sustainability
SitelogIQ provides environmentally-preferred solutions
across all of our service offerings that help local
governments meet their sustainability goals.

NEXT STEPS
• Sign Letter of Agreement (LOA) 10.11.21
• Finalize Solar, HVAC & Lighting Scope of Work 10.15 – 11.15 • Follow Up Meeting to Discuss Final Scope 11.23.21
• Submit Term Sheets to Banks 12.8.21
• Contract Approval TBD Jan. 2022
• Celebratory Flip the Switch Ceremony TBD 2023
Questions?
16 CONTACT INFORMATION
Jessica Ritter
Facility Solutions Specialist
(559) 547-1834
[email protected]
Year Annual Loan
Payment
Remaining Costs (HVAC
+ EIP + Solar for Water
Sites) ARPA Funded
Solar O&M Service &
Energy Dashboard
Future HVAC
Replacement Cost
Future Lighting
Replacement Cost
Maintenance
Savings & Avoided
Cost
ARPA Funds (HVAC) ARPA Funds (Solar) Project Energy
Savings Annual Savings Cumulative Savings
0 $ - $ 1,000,000 $ - $ - $ - $ 8,393 $ 414,111 $ 585,889 $ 119,812 $ 128,204 $ 128,204 1 $ 353,307 $ - $ 27,210 $ - $ - $ 33,570 $ - $ - $ 254,001 $ (92,946) $ 35,258 2 $ 353,307 $ - $ 28,026 $ - $ - $ 34,578 $ - $ - $ 266,701 $ (80,055) $ (44,797) 3 $ 353,307 $ - $ 28,867 $ - $ - $ 35,615 $ - $ - $ 280,036 $ (66,523) $ (111,320) 4 $ 353,307 $ - $ 29,733 $ - $ - $ 36,683 $ - $ - $ 294,038 $ (52,319) $ (163,639) 5 $ 353,307 $ - $ 30,625 $ - $ - $ 37,784 $ - $ - $ 308,740 $ (37,409) $ (201,048) 6 $ 353,307 $ - $ 31,544 $ - $ - $ 32,005 $ - $ - $ 324,177 $ (28,670) $ (229,718) 7 $ 353,307 $ - $ 32,490 $ - $ - $ 32,965 $ - $ - $ 340,386 $ (12,447) $ (242,165) 8 $ 353,307 $ - $ 33,465 $ - $ - $ 33,954 $ - $ - $ 357,405 $ 4,586 $ (237,579) 9 $ 353,307 $ - $ 34,469 $ - $ - $ 34,972 $ - $ - $ 375,275 $ 22,471 $ (215,108) 10 $ 353,307 $ - $ 35,503 $ - $ 60,000 $ 36,021 $ - $ - $ 394,039 $ (18,750) $ (233,857) 11 $ 353,307 $ - $ 36,568 $ - $ 61,800 $ 37,102 $ - $ - $ 413,741 $ (832) $ (234,690) 12 $ 353,307 $ - $ 37,665 $ - $ 63,654 $ 38,215 $ - $ - $ 434,428 $ 18,017 $ (216,673) 13 $ 353,307 $ - $ 38,795 $ - $ 65,564 $ 39,362 $ - $ - $ 456,149 $ 37,845 $ (178,828) 14 $ 353,307 $ - $ 39,959 $ - $ 67,531 $ 40,542 $ - $ - $ 478,957 $ 58,703 $ (120,126) 15 $ 353,307 $ - $ 41,158 $ 96,776 $ - $ - $ - $ 502,905 $ 11,664 $ (108,462) 16 $ 353,307 $ - $ 42,392 $ 99,679 $ - $ - $ - $ - $ 501,647 $ 6,269 $ (102,193) 17 $ 353,307 $ - $ 43,664 $ 102,669 $ - $ - $ - $ - $ 526,730 $ 27,089 $ (75,104) 18 $ 353,307 $ - $ 44,974 $ 105,749 $ - $ - $ - $ - $ 553,066 $ 49,036 $ (26,068) 19 $ 353,307 $ - $ 46,323 $ 108,922 $ - $ - $ - $ - $ 580,720 $ 72,167 $ 46,099 20 $ 353,307 $ - $ 47,713 $ - $ - $ - $ 609,756 $ 208,735 $ 254,834 21 $ - $ - $ 49,144 $ - $ - $ - $ 640,243 $ 591,099 $ 845,933 22 $ - $ - $ 50,619 $ - $ - $ - $ 672,256 $ 621,637 $ 1,467,570 23 $ - $ - $ 52,137 $ - $ - $ - $ 705,868 $ 653,731 $ 2,121,302 24 $ - $ - $ 53,701 $ - $ - $ - $ 741,162 $ 687,461 $ 2,808,762 25 $ - $ - $ 55,312 $ - $ - $ - $ 778,220 $ 722,908 $ 3,531,670 26 $ - $ - $ 56,972 $ - $ - $ - $ 817,131 $ 760,159 $ 4,291,829 27 $ - $ - $ 58,681 $ - $ - $ - $ 857,987 $ 799,307 $ 5,091,135 28 $ - $ - $ 60,441 $ - $ - $ - $ 900,887 $ 840,446 $ 5,931,581 29 $ - $ - $ 62,255 $ - $ - $ - $ 945,931 $ 883,677 $ 6,815,258 30 $ - $ - $ 64,122 $ - $ - $ - $ 993,228 $ 929,106 $ 7,744,363 Totals $ 7,066,148 $ 1,000,000 $ 1,294,527 $ 513,795 $ 318,548 $ 511,760 $ 414,111 $ 585,889 $ 16,425,622 $ 7,744,363 $ 7,744,363 Notes:

1.) SitelogIQ is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is Budget Neutral or better in compliance with CA Govt. Code 4217.

2.) Cash Flow is based on a Preliminary Analysis using rough order of magnitude budgetary estimates and other standard assumptions. Final analysis and results may vary.

3.) Scope of work includes solar at WWTP, Worton Park, Police Station, and the Community Center, HVAC replacement of (12) units, and various lighting fixture replacements.

4.) Future Lighting and HVAC replacements costs are projected based on inflation. Confidential

5.) Assumes $300,000 in Customer Controlled Contingency (~5% of Project Cost). Property of SitelogIQ INPUTS
$ 6,254,805
$ 125,096
$ 6,379,901
$ 5,379,901
20 2.75%
$ 1 ,000,000
1 0.00%

5.0%
$ 239,624
$ 5,963 5 Years
$ 27,607 15 Years
$ 27,210

3.0%

ARPA FINANCE TERM (YEARS)
FULL PROJECT PROFORMA CASH FLOW 1,2
Scope: Full Project Scope

BASE PROJECT COST
Closing Costs

TOTAL PROJECT COST

TEML LOAN AMOUNT

TEML FINANCE TERM (YEARS)

TEML INTEREST RATE
ARPA FUNDED HVAC + EIP COST

O&M/MAINT ESCALATION

TEML INTEREST RATE

UTILITY ESCALATION

CALCULATED ENERGY SAVINGS

LIGHTING MAINT/AVOIDED COST SAVINGS

HVAC MAIN/AVOIDED COST SAVINGS
SOLAR O&M and EIQ COST
Year Annual Loan
Payment
Remaining Costs (HVAC
+ EIP + Solar for Water
Sites) ARPA Funded
Solar O&M Service &
Energy Dashboard
Future HVAC
Replacement Cost
Future Lighting
Replacement Cost
Maintenance
Savings & Avoided
Cost
ARPA Funds (HVAC) ARPA Funds (Solar) Project Energy
Savings Annual Savings Cumulative Savings
0 $ - $ 2,000,000 $ - $ - $ - $ 8,393 $ 414,111 $ 1,585,889 $ 119,812 $ 128,204 $ 128,204 1 $ 287,636 $ - $ 27,210 $ - $ - $ 33,570 $ - $ - $ 254,001 $ (27,274) $ 100,930 2 $ 287,636 $ - $ 28,026 $ - $ - $ 34,578 $ - $ - $ 266,701 $ (14,383) $ 86,547 3 $ 287,636 $ - $ 28,867 $ - $ - $ 35,615 $ - $ - $ 280,036 $ (852) $ 85,695 4 $ 287,636 $ - $ 29,733 $ - $ - $ 36,683 $ - $ - $ 294,038 $ 13,352 $ 99,048 5 $ 287,636 $ - $ 30,625 $ - $ - $ 37,784 $ - $ - $ 308,740 $ 28,263 $ 127,310 6 $ 287,636 $ - $ 31,544 $ - $ - $ 32,005 $ - $ - $ 324,177 $ 37,002 $ 164,312 7 $ 287,636 $ - $ 32,490 $ - $ - $ 32,965 $ - $ - $ 340,386 $ 53,225 $ 217,537 8 $ 287,636 $ - $ 33,465 $ - $ - $ 33,954 $ - $ - $ 357,405 $ 70,258 $ 287,795 9 $ 287,636 $ - $ 34,469 $ - $ - $ 34,972 $ - $ - $ 375,275 $ 88,143 $ 375,938 10 $ 287,636 $ - $ 35,503 $ - $ 60,000 $ 36,021 $ - $ - $ 394,039 $ 46,922 $ 422,860 11 $ 287,636 $ - $ 36,568 $ - $ 61,800 $ 37,102 $ - $ - $ 413,741 $ 64,839 $ 487,699 12 $ 287,636 $ - $ 37,665 $ - $ 63,654 $ 38,215 $ - $ - $ 434,428 $ 83,688 $ 571,388 13 $ 287,636 $ - $ 38,795 $ - $ 65,564 $ 39,362 $ - $ - $ 456,149 $ 103,517 $ 674,904 14 $ 287,636 $ - $ 39,959 $ - $ 67,531 $ 40,542 $ - $ - $ 478,957 $ 124,374 $ 799,279 15 $ 287,636 $ - $ 41,158 $ 96,776 $ - $ - $ - $ 502,905 $ 77,336 $ 876,614 16 $ 287,636 $ - $ 42,392 $ 99,679 $ - $ - $ - $ - $ 501,647 $ 71,941 $ 948,555 17 $ 287,636 $ - $ 43,664 $ 102,669 $ - $ - $ - $ - $ 526,730 $ 92,761 $ 1,041,316 18 $ 287,636 $ - $ 44,974 $ 105,749 $ - $ - $ - $ - $ 553,066 $ 114,707 $ 1,156,023 19 $ 287,636 $ - $ 46,323 $ 108,922 $ - $ - $ - $ - $ 580,720 $ 137,839 $ 1,293,862 20 $ 287,636 $ - $ 47,713 $ - $ - $ - $ 609,756 $ 274,407 $ 1,568,269 21 $ - $ - $ 49,144 $ - $ - $ - $ 640,243 $ 591,099 $ 2,159,368 22 $ - $ - $ 50,619 $ - $ - $ - $ 672,256 $ 621,637 $ 2,781,005 23 $ - $ - $ 52,137 $ - $ - $ - $ 705,868 $ 653,731 $ 3,434,736 24 $ - $ - $ 53,701 $ - $ - $ - $ 741,162 $ 687,461 $ 4,122,197 25 $ - $ - $ 55,312 $ - $ - $ - $ 778,220 $ 722,908 $ 4,845,104 26 $ - $ - $ 56,972 $ - $ - $ - $ 817,131 $ 760,159 $ 5,605,263 27 $ - $ - $ 58,681 $ - $ - $ - $ 857,987 $ 799,307 $ 6,404,570 28 $ - $ - $ 60,441 $ - $ - $ - $ 900,887 $ 840,446 $ 7,245,016 29 $ - $ - $ 62,255 $ - $ - $ - $ 945,931 $ 883,677 $ 8,128,692 30 $ - $ - $ 64,122 $ - $ - $ - $ 993,228 $ 929,106 $ 9,057,798 Totals $ 5,752,714 $ 2,000,000 $ 1,294,527 $ 513,795 $ 318,548 $ 511,760 $ 414,111 $ 1,585,889 $ 16,425,622 $ 9,057,798 $ 9,057,798 Notes:

1.) SitelogIQ is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is Budget Neutral or better in compliance with CA Govt. Code 4217.

2.) Cash Flow is based on a Preliminary Analysis using rough order of magnitude budgetary estimates and other standard assumptions. Final analysis and results may vary.

3.) Scope of work includes solar at WWTP, Worton Park, Police Station, and the Community Center, HVAC replacement of (12) units, and various lighting fixture replacements.

4.) Future Lighting and HVAC replacements costs are projected based on inflation. Confidential

5.) Assumes $300,000 in Customer Controlled Contingency (~5% of Project Cost). Property of SitelogIQ INPUTS
$ 6,254,805
$ 125,096
$ 6,379,901
$ 4,379,901
20 2.75%
$ 2,000,000
1 0.00%

5.0%
$ 239,624
$ 5,963 5 Years
$ 27,607 15 Years
$ 27,210
O&M/MAINT ESCALATION 3.0%

TEML INTEREST RATE

UTILITY ESCALATION

CALCULATED ENERGY SAVINGS

LIGHTING MAINT/AVOIDED COST SAVINGS

HVAC MAIN/AVOIDED COST SAVINGS
SOLAR O&M and EIQ COST

ARPA FINANCE TERM (YEARS)
FULL PROJECT PROFORMA CASH FLOW 1,2
Scope: Full Project Scope

BASE PROJECT COST
Closing Costs

TOTAL PROJECT COST

TEML LOAN AMOUNT

TEML FINANCE TERM (YEARS)

TEML INTEREST RATE
ARPA FUNDED HVAC + EIP COST
Year Annual Loan
Payment
Remaining Costs (HVAC
+ EIP + Solar for Water
Sites) ARPA Funded
Solar O&M Service &
Energy Dashboard
Future HVAC
Replacement Cost
Future Lighting
Replacement Cost
Maintenance
Savings & Avoided
Cost
ARPA Funds (HVAC) ARPA Funds (Solar) Project Energy
Savings Annual Savings Cumulative Savings
0 $ - $ 3,000,000 $ - $ - $ - $ 8,393 $ 414,111 $ 2,585,889 $ 119,812 $ 128,204 $ 128,204 1 $ 221,964 $ - $ 27,210 $ - $ - $ 33,570 $ - $ - $ 254,001 $ 38,398 $ 166,602 2 $ 221,964 $ - $ 28,026 $ - $ - $ 34,578 $ - $ - $ 266,701 $ 51,288 $ 217,890 3 $ 221,964 $ - $ 28,867 $ - $ - $ 35,615 $ - $ - $ 280,036 $ 64,820 $ 282,710 4 $ 221,964 $ - $ 29,733 $ - $ - $ 36,683 $ - $ - $ 294,038 $ 79,024 $ 361,735 5 $ 221,964 $ - $ 30,625 $ - $ - $ 37,784 $ - $ - $ 308,740 $ 93,935 $ 455,669 6 $ 221,964 $ - $ 31,544 $ - $ - $ 32,005 $ - $ - $ 324,177 $ 102,674 $ 558,343 7 $ 221,964 $ - $ 32,490 $ - $ - $ 32,965 $ - $ - $ 340,386 $ 118,896 $ 677,239 8 $ 221,964 $ - $ 33,465 $ - $ - $ 33,954 $ - $ - $ 357,405 $ 135,930 $ 813,169 9 $ 221,964 $ - $ 34,469 $ - $ - $ 34,972 $ - $ - $ 375,275 $ 153,815 $ 966,984 10 $ 221,964 $ - $ 35,503 $ - $ 60,000 $ 36,021 $ - $ - $ 394,039 $ 112,594 $ 1,079,577 11 $ 221,964 $ - $ 36,568 $ - $ 61,800 $ 37,102 $ - $ - $ 413,741 $ 130,511 $ 1,210,088 12 $ 221,964 $ - $ 37,665 $ - $ 63,654 $ 38,215 $ - $ - $ 434,428 $ 149,360 $ 1,359,448 13 $ 221,964 $ - $ 38,795 $ - $ 65,564 $ 39,362 $ - $ - $ 456,149 $ 169,188 $ 1,528,637 14 $ 221,964 $ - $ 39,959 $ - $ 67,531 $ 40,542 $ - $ - $ 478,957 $ 190,046 $ 1,718,683 15 $ 221,964 $ - $ 41,158 $ 96,776 $ - $ - $ - $ 502,905 $ 143,008 $ 1,861,690 16 $ 221,964 $ - $ 42,392 $ 99,679 $ - $ - $ - $ - $ 501,647 $ 137,612 $ 1,999,303 17 $ 221,964 $ - $ 43,664 $ 102,669 $ - $ - $ - $ - $ 526,730 $ 158,432 $ 2,157,735 18 $ 221,964 $ - $ 44,974 $ 105,749 $ - $ - $ - $ - $ 553,066 $ 180,379 $ 2,338,114 19 $ 221,964 $ - $ 46,323 $ 108,922 $ - $ - $ - $ - $ 580,720 $ 203,511 $ 2,541,625 20 $ 221,964 $ - $ 47,713 $ - $ - $ - $ 609,756 $ 340,079 $ 2,881,703 21 $ - $ - $ 49,144 $ - $ - $ - $ 640,243 $ 591,099 $ 3,472,803 22 $ - $ - $ 50,619 $ - $ - $ - $ 672,256 $ 621,637 $ 4,094,440 23 $ - $ - $ 52,137 $ - $ - $ - $ 705,868 $ 653,731 $ 4,748,171 24 $ - $ - $ 53,701 $ - $ - $ - $ 741,162 $ 687,461 $ 5,435,631 25 $ - $ - $ 55,312 $ - $ - $ - $ 778,220 $ 722,908 $ 6,158,539 26 $ - $ - $ 56,972 $ - $ - $ - $ 817,131 $ 760,159 $ 6,918,698 27 $ - $ - $ 58,681 $ - $ - $ - $ 857,987 $ 799,307 $ 7,718,005 28 $ - $ - $ 60,441 $ - $ - $ - $ 900,887 $ 840,446 $ 8,558,450 29 $ - $ - $ 62,255 $ - $ - $ - $ 945,931 $ 883,677 $ 9,442,127 30 $ - $ - $ 64,122 $ - $ - $ - $ 993,228 $ 929,106 $ 10,371,232 Totals $ 4,439,279 $ 3,000,000 $ 1,294,527 $ 513,795 $ 318,548 $ 511,760 $ 414,111 $ 2,585,889 $ 16,425,622 $ 10,371,232 $ 10,371,232 Notes:

1.) SitelogIQ is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is Budget Neutral or better in compliance with CA Govt. Code 4217.

2.) Cash Flow is based on a Preliminary Analysis using rough order of magnitude budgetary estimates and other standard assumptions. Final analysis and results may vary.

3.) Scope of work includes solar at WWTP, Worton Park, Police Station, and the Community Center, HVAC replacement of (12) units, and various lighting fixture replacements.

4.) Future Lighting and HVAC replacements costs are projected based on inflation. Confidential

5.) Assumes $300,000 in Customer Controlled Contingency (~5% of Project Cost). Property of SitelogIQ INPUTS
$ 6,254,805
$ 125,096
$ 6,379,901
$ 3,379,901
20 2.75%
$ 3,000,000
1 0.00%

5.0%
$ 239,624
$ 5,963 5 Years
$ 27,607 15 Years
$ 27,210

3.0%

ARPA FINANCE TERM (YEARS)
FULL PROJECT PROFORMA CASH FLOW 1,2
Scope: Full Project Scope

BASE PROJECT COST
Closing Costs

TOTAL PROJECT COST

TEML LOAN AMOUNT

TEML FINANCE TERM (YEARS)

TEML INTEREST RATE
ARPA FUNDED HVAC + EIP COST

O&M/MAINT ESCALATION

TEML INTEREST RATE

UTILITY ESCALATION

CALCULATED ENERGY SAVINGS

LIGHTING MAINT/AVOIDED COST SAVINGS

HVAC MAIN/AVOIDED COST SAVINGS
SOLAR O&M and EIQ COST
Year Annual Loan
Payment
Remaining Costs (HVAC
+ EIP + Solar for Water
Sites) ARPA Funded
Solar O&M Service &
Energy Dashboard
Future HVAC
Replacement Cost
Future Lighting
Replacement Cost
Maintenance Savings
& Avoided Cost SGIP Incentive ARPA Funds (HVAC) ARPA Funds (Solar) Project Energy Savings Annual Savings Cumulative Savings
0 $ - $ 2,073,574 $ - $ - $ - $ 5,124 $ 22,401 $ 270,318 $ 1,803,256 $ 111,459 $ 138,984 $ 138,984 1 $ 341,089 $ - $ 27,210 $ - $ - $ 20,496 $ 4,480 $ - $ - $ 236,294 $ (107,028) $ 31,956 2 $ 341,089 $ - $ 28,026 $ - $ - $ 21,111 $ 4,480 $ - $ - $ 248,109 $ (95,415) $ (63,459) 3 $ 341,089 $ - $ 28,867 $ - $ - $ 21,745 $ 4,480 $ - $ - $ 260,514 $ (83,217) $ (146,676) 4 $ 341,089 $ - $ 29,733 $ - $ - $ 22,397 $ 4,480 $ - $ - $ 273,540 $ (70,405) $ (217,081) 5 $ 341,089 $ - $ 30,625 $ - $ - $ 23,069 $ 4,480 $ - $ - $ 287,217 $ (56,948) $ (274,029) 6 $ 341,089 $ - $ 31,544 $ - $ - $ 16,848 $ - $ - $ 301,577 $ (54,207) $ (328,236) 7 $ 341,089 $ - $ 32,490 $ - $ - $ 17,354 $ - $ - $ 316,656 $ (39,569) $ (367,805) 8 $ 341,089 $ - $ 33,465 $ - $ - $ 17,874 $ - $ - $ 332,489 $ (24,190) $ (391,995) 9 $ 341,089 $ - $ 34,469 $ - $ - $ 18,410 $ - $ - $ 349,114 $ (8,033) $ (400,029) 10 $ 341,089 $ - $ 35,503 $ - $ 60,000 $ 18,963 $ - $ - $ 366,569 $ (51,060) $ (451,088) 11 $ 341,089 $ - $ 36,568 $ - $ 61,800 $ 19,532 $ - $ - $ 384,898 $ (35,027) $ (486,116) 12 $ 341,089 $ - $ 37,665 $ - $ 63,654 $ 20,118 $ - $ - $ 404,143 $ (18,148) $ (504,263) 13 $ 341,089 $ - $ 38,795 $ - $ 65,564 $ 20,721 $ - $ - $ 424,350 $ (376) $ (504,640) 14 $ 341,089 $ - $ 39,959 $ - $ 67,531 $ 21,343 $ - $ - $ 445,567 $ 18,332 $ (486,308) 15 $ 341,089 $ - $ 41,158 $ 62,319 $ - $ - $ - $ - $ 467,846 $ 23,281 $ (463,027) 16 $ 341,089 $ - $ 42,392 $ 64,188 $ - $ - $ - $ - $ 491,238 $ 43,569 $ (419,458) 17 $ 341,089 $ - $ 43,664 $ 66,114 $ - $ - $ - $ - $ 515,800 $ 64,933 $ (354,525) 18 $ 341,089 $ - $ 44,974 $ 68,097 $ - $ - $ - $ - $ 541,590 $ 87,430 $ (267,095) 19 $ 341,089 $ - $ 46,323 $ 70,140 $ - $ - $ - $ - $ 568,669 $ 111,117 $ (155,978) 20 $ 341,089 $ - $ 47,713 $ - $ - $ - $ 597,103 $ 208,301 $ 52,323 21 $ - $ - $ 49,144 $ - $ - $ - $ 626,958 $ 577,814 $ 630,137 22 $ - $ - $ 50,619 $ - $ - $ - $ 658,306 $ 607,687 $ 1,237,824 23 $ - $ - $ 52,137 $ - $ - $ - $ 691,221 $ 639,084 $ 1,876,908 24 $ - $ - $ 53,701 $ - $ - $ - $ 725,782 $ 672,081 $ 2,548,989 25 $ - $ - $ 55,312 $ - $ - $ - $ 762,071 $ 706,759 $ 3,255,748 26 $ - $ - $ 56,972 $ - $ - $ - $ 800,175 $ 743,203 $ 3,998,951 27 $ - $ - $ 58,681 $ - $ - $ - $ 840,184 $ 781,503 $ 4,780,454 28 $ - $ - $ 60,441 $ - $ - $ - $ 882,193 $ 821,752 $ 5,602,205 29 $ - $ - $ 62,255 $ - $ - $ - $ 926,302 $ 864,048 $ 6,466,253 30 $ - $ - $ 64,122 $ - $ - $ - $ 972,618 $ 908,495 $ 7,374,749 Totals $ 6,821,774 $ 2,073,574 $ 1,294,527 $ 330,858 $ 318,548 $ 285,104 $ 44,802 $ 270,318 $ 1,803,256 $ 15,810,551 $ 7,374,749 $ 7,374,749 Notes:

1.) SitelogIQ is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is Budget Neutral or better in compliance with CA Govt. Code 4217.

2.) Cash Flow is based on a Preliminary Analysis using rough order of magnitude budgetary estimates and other standard assumptions. Final analysis and results may vary.

3.) Scope of work includes solar at WWTP,Worton Park, Police Station, and the Community Center, HVAC replacement of (10) units, and various lighting fixture replacements.

4.) Future Lighting and HVAC replacements costs are projected based on inflation and show conservative estimates.

INPUTS
$ 7,124,920
$ 142,498
$ 7,267,418
$ 5,193,844
20 2.75%
$ 270,318
1 0.00%

5.0%
$ 222,919
$ 5,963 5 Years
$ 14,533 15 Years
$ 27,210

3.0%

ARPA FINANCE TERM (YEARS)
FULL PROJECT PROFORMA CASH FLOW 1,2
Scope: Full Project Scope

BASE PROJECT COST
Closing Costs

TOTAL PROJECT COST

TEML LOAN AMOUNT

TEML FINANCE TERM (YEARS)

TEML INTEREST RATE
ARPA FUNDED HVAC + EIP COST

O&M/MAINT ESCALATION

TEML INTEREST RATE

UTILITY ESCALATION

CALCULATED ENERGY SAVINGS

LIGHTING MAINT/AVOIDED COST SAVINGS

HVAC MAIN/AVOIDED COST SAVINGS

SOLAR O&M COST

Page 1 of 1 ends

Item 11.1 – CC/LRA – 01/11/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: January 11, 2022
Subject: Nomination and Appointment of the Vice Mayor to Serve for the Year 2022
From: Sean Scully, City Manager
Submitted by: Annabelle H. Aguilar, CMC, City Clerk

RECOMMENDATION
It is recommended that the Mayor consider the rotation and nomination of a Vice Mayor to serve for the year 2022 by confirmation of the City Council.

SUMMARY
The City Council typically designates a Councilmember to serve as the Vice Mayor for a one-year term. Through consideration of the rotation of the appointment opportunity, the Mayor will announce the nomination of a Councilmember, and the City Council will approve the nomination by a favorable majority vote. The Councilmember appointed will serve as Vice Mayor for a one-year term, and shall serve in the capacity of the Mayor should the need arise.

FINANCIAL IMPACT
There is no financial impact.

ATTACHMENTS
There are no attachments to this report.

City Council / Local Redevelopment Authority / Public Financing AuthorityJanuary 11, 2022

City Council / Local Redevelopment Authority / Public Financing Authority
January 11, 2022