City Council / Local Redevelopment Authority / Public Financing Authority
February 22, 2022

CC/LRA – 02/22/2022
CC Resolution No. 2022-
Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Riverbank County: Stanislaus Person Completing the Form: Consultant for City of Riverbank First Name: Jennifer Last Name: Halpin
Title: Principal Consultant, Resourceability
Mailing Address: PO Box 1066
City: Merced Zip Code: 95341-1066
Email Address: [email protected]
Phone Number: (209) 761-1004

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
(C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services:

Currently, the franchise hauler for the City of Riverbank is also a facility owner that will be operating a High Diversion Organics Processing Facility. There is an existing organics collection program (through residential green carts and commercial organics bins) which accepts the following in the Organics carts/bins: food waste, food-soiled papers and other paper fiber and green waste/landscaping plant material. Until the more sophisticated equipment is installed for high-quantity/higher-quality sorting, smaller volumes of recyclables and Organics are being manually sorted from the solid waste stream (black cart/solid waste bin material).

More sophisticated sorting equipment will include artificial intelligence and other type of technology that Gilton has invested millions of dollars into acquiring to update its facility into a High Diversion Organics (and recycling) Processing Facility. Currently there has been a delay in receiving the necessary equipment. Pease see #3 and #4 for more information. (L) 14 CCR section 18985.2 Edible Food Recovery Education and Outreach:

This needs to be performed to let Tier 1/Tier 2 food generators aware of requirements and of the local food-sharing programs available to them for donation. (Due to health and safety regulations, hot food annd prepared food will not be accepted.) This requirement has not been able to be performed fully due to lack of staff available to do so; the City of Riverbank has requested a consultant to perform this task. Please note, Savemart currently has a program through its corporate office where excess inventory is donated to local food banks. (T) 14 CCR section 18991.1, section 18991.2 and section 18992.2:

Measuring of donations at food generator locations and at the edible food recovery facility may need a uniform, consistent way of being recorded; due to lack of staff time available, explanations of how to weigh/measure edible food amounts at food generator locations has not been able to be performed. Note: Savemart already has its own record-keeping procedure of donated amounts to food banks. See #4.

3. A description of the impacts of the COVID-19 pandemic on compliance. (C) continued: Part of the delay in receiving the equipment necessary for the sort lines at the Gilton High Diversion Processing Facility is due to COVID-19-related issues, such as reduced staffing across all industries nationally and internationally, which has led to a decrease in supply (production of products/materials/equipment) and in transportation.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below. (C) continued: It's anticipated that the equipment needed for the High Diversion Processing Facility will arrive for installation and become operational by the end of 2023, but hopes are that equipment will arrive by the end of 2022.
(L) continued: the City of Riverbank is to hire a consultant to speak with Tier 1/Tier 2 food generator locations to give education/outreach and training on the program requirements. (T) continued: The hired consultant will discuss program needs with the community food-sharing facility to see if assistance can be given to the facility with use of Local Assistance Grant Funds, and will discuss the record-keeping requirements with both the facility and the food generators.

Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: (C) Gilton to receive sophisticated sorting equipment. Date to be completed:
12/31/2023
TASK 2: (C) Installation of the different types of sort line equipment and machinery at the Gilton location.

Date to be completed:
12/31/2023
TASK 3: (C) Sort line/new equipment pieces operational/running to separate remaining recyclables and Organics from solid waste.

Date to be completed:
12/31/2023
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: (L, T) City of Riverbank will hire a consultant to educate Tier 1/Tier 2 food generators and the edible food recovery facilities on program requirements.

Date to be completed:
6/30/2022
TASK 2: (L, T) With training from the hired consultant, Tier 1/Tier 2 food generators and the food recovery facilities are to record amounts of edible food delivered/accepted, and any other recordkeeping requirements. Date to be completed will hopefully be by the summer, but by 12/31/2022 at the latest.

Date to be completed:
12/31/2022

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed:
4/28/2022

Item 9.5 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: February 22, 2022
Subject: Consideration of a Resolution Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment From: Tom Hallinan, City Attorney
Submitted by: Tom Hallinan, City Attorney

RECOMMENDATION
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.

SUMMARY
NOTE: This report is generally the same staff report presented at the January 25, 2022 Council meeting. As the resolution only extends the allowance for teleconferenced meetings for a 30-day period it is necessary to re-agendize this item for approval.

On September 16, 2021 Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021. Over the past year, City Council meetings have been held with virtual teleconference components.

AB 361, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state of local health officials have imposed or recommended measures to promote social distancing.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

Item 9.5 – CC/LRA – 02/22/2022
As the Delta variant has surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor, and state or local officials have imposed or recommended measures to promote social distancing.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.

Item 9.5 – CC/LRA – 02/22/2022
• If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. However, shortly after signing AB 361, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.

At the October 12th City Council meeting, Council considered whether or not to continue with the hybrid meeting format. During that meeting difficulties were experienced in receiving a specific comment on an agenda item. As such, the Council chose to only extend the hybrid meeting allowance for 2 weeks to determine alternate options for accepting comments or dealing with technical issues. At the October 26th Council meeting staff gave out the phone number at the dais for any member of the public that had technical issues providing comment by zoom. Two comments were received via this method, if this resolution is approved staff will continue with this measure until it is no longer needed. Staff is currently in the process of soliciting bids for technological upgrades to the Council Chamber technology setup which will provide improved ability for hybrid and streamed meetings.

Alternatively the Council could choose to no longer allow hybrid meetings in which case Councilmembers would attend in person or would have to follow the original Brown Act requirements for a remote meeting (public posting etc). Some local communities still live stream meetings but do not allow remote public comment as an option.

If the Resolution is adopted the City Council will continue to hold in person meetings with a virtual hybrid component. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this Resolution, it is staff’s intention to reevaluate options for hybrid meetings during that time period for future Council consideration.

Item 9.5 – CC/LRA – 02/22/2022
FINANCIAL IMPACT:

None at this time.

ATTACHMENTS:

1. Resolution 2022-XXXX

2. Letter from Stanislaus County Public Health Officer RE: Social Distancing Recommendation

CC/LRA 02/22/2022
CC Resolution No. 2022-

CITY OF RIVERBANK
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,

CALIFORNIA, 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
WHEREAS, the City Council of the City of Riverbank (the “City”) is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and

CC/LRA – 02/22/2022
CC Resolution No. 2022-
WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS, the Stanislaus County Public Health Officer issued an order on September 2, 2021 regarding the highly transmissible Delta Variant and recommending face coverings indoors; and
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF RIVERBANK DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

CC/LRA – 02/22/2022
CC Resolution No. 2022-
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Stanislaus County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 30, 2021, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the ____ day of ______, 2022; motioned by ______________, seconded by ________________, and upon roll call was carried by the following City Council vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor

Item 10.1 - CC 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING

REVISED
Meeting Date: February 22, 2022
Subject: Continuation of the Proposition 218 Public Hearing Date for the Adoption of the Proposed Solid Waste Rates to Tuesday, April 12, 2022
From: Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council accept public comment on the proposed Solid Waste Rate increase and continue to the public hearing to April 12, 2022.

SUMMARY
On December 14, 2021 the City Council authorized staff to proceed with the Proposition 218 Public Hearing for the consideration of an increase to Solid Waste Rates. The Public Hearing date was set for Tuesday, February 22, 2022 but due to noticing requirements the Public Hearing must be continued to April 12, 2022.

BACKGROUND
On December 14, 2021 the City Council received the results of the Solid Waste Rate Study (“The Study”) which was performed by Bartle Wells Associates, an independent consultant for the City. The Study entailed an evaluation of the financial information that was provided by Gilton Solid Waste to substantiate the proposed rate increase that was brought forth to the residents as prescribed under Proposition 218.

After a thorough review, Bartle Wells Associates has determined “the cost for Gilton to provide service has increased due to new regulation. BWA finds the proposed rates reflect the cost for the City to provide solid waste service.” Council established a Public Hearing date of Tuesday, February 22, 2022 in order to consider adoption of the proposed rates. Pursuant to Proposition 218, notices with all of the required information were sent to all current property owners and tenants within the City of Riverbank in both English and Spanish. The Notices included information on the need for the rate increase, the proposed rate, and the method by which residents would

Item 10.1 - CC 02/22/2022
be able to protest the rate were posted on the City’s website on January 5, 2022 and were mailed via the United States Postal Service to each property owner and tenant signed up for service on January 6, 2022.

Unfortunately, due to time constraints, the City was not able to publish the required notification in our local paper in order to ensure compliance with all Proposition 218 noticing requirements. Therefore, we are requesting that tonight’s public hearing be continued to April 12, 2022. Protests will still be accepted until the new public hearing date.

FINANCIAL IMPACT
There is no financial impact associated with this report. Should rates be adopted at the February 22, April 12, 2022 Public Hearing, rates would be effective as of May 1, 2022.

STRATEGIC PLAN
This report has been prepared to accomplish the following Goal established during the August 10, 2021 Strategic Planning Session:
“Ensure Financial Stability”

ATTACHMENT

1. Proposition 218 Public Notice to Residents
City of Riverbank

NOTICE OF PUBLIC HEARING ON PROPOSED RATE INCREASES

FOR SOLID WASTE RATES
The State of California put into law an unfunded state mandate that is the most significant waste reduction law in the last 30 years: Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Methane Emissions Reductions (SB 1383). Each city in the State of California is mandated under SB 1383 to reduce organic waste from the landfill by 50% in 2022 and by 75% in 2025. These goals were established to decrease methane emissions at landfills.

The City of Riverbank (the City) requested the City’s solid waste provider, Gilton Solid Waste Management, Inc. (Gilton), to determine how best to meet this mandate while providing the best service to our residents and businesses. In order for the City to achieve the required organic waste diversion targets, waste material collected for the City of Riverbank will require increased processing to capture and divert from the landfill the highest amount of organic materials from both residential and commercial waste streams as required by SB 1383. Because of these additional waste processing and landfill diversion requirements, the City needs to adjust our service rates that will enable the City to comply with SB 1383 mandates.

SB 1383 defines “Organic waste” to include:
• Food
• Green Material
• Landscape and Pruning Waste
• Organic Textiles and Carpets
• Lumber
• Wood
• Paper Products
• Printing and Writing Paper
SB 1383 requires each jurisdiction in California to provide Organics collection services to all residents and businesses by January 1, 2022. Gilton will continue to provide a 2-cart weekly residential collection service to collect both the organic material (Organics cart) and trash (MSW cart) at the same time with their ONEPASS split body automated trucks.

Due to SB 1383, the City’s cost to manage solid waste will increase beginning in 2022. Therefore, the City is proposing an increase to Solid Waste Rates. The City’s solid waste contract relies on service charge revenues to meet annual funding needs. As such, the rates need to be set at levels adequate to fund the service. The City will hold a public hearing on the proposed solid waste rate increases as follows:

Date: February 22, 2022
Time: 6:00 PM
Place*: Riverbank City Council Chambers
6707 Third Street, Suite B, Riverbank, CA 95367
* Due to the coronavirus pandemic, the public hearings will be held in person and/or online pursuant to the Governor’s Executive Order N-29-20. If the meeting information needs to be revised, updated information will be available on the City’s website at www.riverbank.org.

City of Riverbank
Solid Waste Service Rate Increases Needed to Address SB 1383 Compliance Costs and Inflation The City has been receiving solid waste collection and disposal services (“solid waste services”) from Gilton for over 40 years. The current rates for solid waste services have not increased since 2018. The rate increase in 2022 is driven by the increase in costs related to complying with the requirements of SB 1383.

Rates in the subsequent four years will pass through changes in the Consumer Price Index, with a maximum pass through of 5%, so that rates will be able to continue to fund the same level of service.

The City and Gilton are committed to providing the highest quality solid waste services at the lowest possible rates for our customers. To meet this commitment, the City engaged an independent rate consultant to undertake an evaluation of the needs of the City’s solid waste services. Based on this evaluation, the City has determined that the proposed rate adjustments, requested by Gilton, are in line with the cost of service. The proposed rates for the monthly solid waste service are structured to recover the cost to collect, process, divert, and dispose of both organic waste and garbage and allocate those costs among the residential and commercial customers. The City is proposing to adopt new solid waste rates over the next five years as shown in the schedule below.

Proposed Solid Waste Rates
The proposed rates effective 3/1/2022 for each customer type are shown in the following table. Rates in the subsequent four years will change based on the inflationary pass-through described in the following section.

Proposed Residential/Non-Residential & Small Business Rates Rate Type
Current
Monthly
Rates
Proposed Monthly
Rates Effective
3/1/2022
Residential - 90 gallon MSW Cart* & Organics Cart** $23.40 $35.25 Residential - 30 gallon MSW Cart & Organics Cart 20.52 32.37 Residential - 90 gallon MSW Cart & Organics Cart - Low Income Senior/Disabled Rate 17.55 29.40
Residential - 30 gallon MSW Cart & Organics Cart - Low Income Senior/Disabled Rate 15.44 27.29
Residential - (2) 90 gallon MSW Carts & Organics Cart 30.85 50.70 Residential - (3) 90 gallon MSW Carts & Organics Cart 38.30 66.15 Residential - (2) 90 gallon MSW Carts & Organics Cart - Low Income Senior/Disabled Rate 24.37 42.82
Non Residential & Small Business - 90 Gallon MSW Cart 23.40 35.25 Non Residential & Small Business - 30 Gallon MSW Cart 20.59 32.44 Non Residential & Small Business - (2) 90 Gallon MSW Carts & Organics Cart 30.85 50.70
Non Residential & Small Business - (3) 90 Gallon MSW Carts & Organics Cart 38.30 66.15
Non Residential & Small Business - (4) 90 Gallon MSW Carts & Organics Cart 45.75 81.60
*MSW Cart = Municipal Solid Waste Cart
**Organics Cart = to replace Green Waste Cart
City of Riverbank
Proposed Commercial Rates
Rate Type
Current
Monthly Rates
Proposed Monthly Rates
Effective 3/1/2022
Commercial - 1 yd Bin 1x per week pickup 57.06 69.41
Commercial - 2 yd Bin 1x per week pickup 90.63 115.33
Commercial - 2 yd Bin 2x per week pickup 165.31 214.71
Commercial - 2 yd Bin 3x per week pickup 240.12 314.22
Commercial - 3 yd Bin 1x per week pickup 124.70 161.75
Commercial - 3 yd Bin 2x per week pickup 226.16 300.26
Commercial - 3 yd Bin 3x per week pickup 316.53 427.68
Commercial - 3 yd Bin 4x per week pickup 426.25 574.45
Commercial - 4 yd Bin 1x per week pickup 162.75 212.15
Commercial - 4 yd Bin 2x per week pickup 299.42 398.22
Commercial - 4 yd Bin 3x per week pickup 417.55 565.75
Commercial - 4 yd Bin 4x per week pickup 500.99 698.59
Commercial - 4 yd Bin 5x per week pickup 615.93 862.93
Commercial - 4 yd Bin 6x per week pickup 739.42 1,035.82 Commercial - 6 yd Bin 1x per week pickup 223.11 297.21
Commercial - 6 yd Bin 2x per week pickup 412.35 560.55
Commercial - 6 yd Bin 3x per week pickup 593.84 816.14
Commercial - 6 yd Bin 4x per week pickup 693.32 989.72
Commercial - 6 yd Bin 5x per week pickup 833.35 1,203.85 Commercial - 6 yd Bin 6x per week pickup $867.31 $1,311.91 Future Pass-Through Adjustments for Inflation
Pursuant to California Government Code 53756, the City is proposing to authorize the pass-through of future costs due to inflation via corresponding increases to the City’s Solid Waste Rates. On July 1, 2023, 2024, 2025 and 2026, the maximum solid waste rate will change to reflect annual changes in the Consumer Price Index for All Urban Consumers ("CPI") published by the U.S. Department of Labor for the San Francisco-Oakland-San Jose, CA statistical area. The change will be based on the most recent May to April period compared to the prior May to April period. The pass-through will not exceed five percent (5%) per year.

Written Protest Procedures, Public Hearing and Statute of Limitations The City will hold a public hearing to consider adoption of the proposed rate adjustments on February 22, 2022, starting at 6:00 pm. The meeting will be held at City Council Chambers, 6707 Third Street, Suite B, Riverbank, CA 95367.

The record owner or tenant of any parcel upon which the solid waste service fees are proposed to be imposed (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Any written protest must: (1) state the protest is being submitted in opposition to the proposed rate increases; (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and City of Riverbank
signature of the record owner or tenant. Written protests may be mailed or submitted in person to the City Clerk, City of Riverbank, 6707 Third Street, Riverbank, CA 95367, or at the Public Hearing (date and time noted above). All written protests must be received by the City prior to the close of the Public Hearing, which will occur when public testimony on the proposed rates is concluded. Any protest submitted via e-mail or other electronic means will not qualify as a written protest. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, that the enclosed protest is for the Public Hearing on the Proposed Solid Waste Service Fees.

The City Council will hear and consider all written protests submitted and oral comments made at the Public Hearing to the proposed rate increases. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the proposed rates for the solid waste service fees described in this Notice. If written protests against the proposed rate increases as outlined above are not presented by a majority of the record owners of parcels upon which the solid waste service fees are proposed to be imposed, the City Council will be authorized to approve the proposed rate increases.

Additionally, pursuant to California Government Code 53759, there will be a 120 day statute of limitations for challenging any new, increased, or extended fee including solid waste, water or sewer service charges adopted, modified, or amended after January 1, 2022.

Who should I call with questions?
For further details regarding the bases and reasons for the proposed rate increases, or for any questions you may have regarding your customer classification, the rates proposed to be imposed on your parcel, or any other questions relating to solid waste services, please call Tammy Alcantor, Assistant Finance Director at (209) 863-7112 or Marisela Garcia, Assistant City Manager/Administrative Services Director, at (209) 863-7110.

YOU MAY USE THIS FORM TO PROTEST THE PROPOSED SOLID WASTE RATE INCREASE I, ________________________________________ protest the proposed Solid Waste Rate increases.

Service Address or Assessor’s Parcel Number: _________________________________________________________ Signature: ______________________________________________________________________________________ Print Name: _____________________________________________________________________________________ Please fill out and deliver or mail to:

City of Riverbank
Attn: City Clerk
6707 Third Street, Suite A
Riverbank, CA 95367

*FORMS MUST BE RECEIVED PRIOR TO THE CLOSE OF THE PUBLIC HEARING ON FEBRUARY 22, 2022* City of Riverbank
NOTIFICACION DE AUDIENCIA PÚBLICA SOBRE EL AUMENTO

DE TARIFAS PROPUESTAS PARA LOS SERVICIO DE DESECHOS SOLIDOS El Estado de California ha puesto en ley un mandato estatal, no financiado, que es la ley de reducción de desechos más importante en los últimos 30 años; proyecto de ley del Senado 1383, Contaminantes Climáticos de Vida Corta; Reducciones de emisiones de metano de desechos orgánicos (SB 1383). Cada ciudad en el estado de California tiene el mandato bajo SB 1383 de reducir los desechos orgánicos del vertedero en un 50% en 2022 y en un 75% en 2025. Estos objetivos se establecieron para disminuir las emisiones de metano en los vertederos.

La Ciudad de Riverbank (la Ciudad) solicitó al proveedor de desechos sólidos, Gilton Solid Waste Management, Inc. (Gilton), que determine la mejor manera de cumplir con este mandato mientras brinda el mejor servicio a nuestros residentes y negocios. Para que la Ciudad logre los objetivos requeridos de desechos orgánicos, el material de desecho recolectado para la Ciudad requerirá un mayor procesamiento para capturar y desviar del vertedero la mayor cantidad de materiales orgánicos de los flujos de desechos residenciales y comerciales según lo requerido por SB 1383. Debido a estos requisitos adicionales de procesamiento de desechos y desvío de vertederos, la Ciudad necesita ajustar sus tarifas de servicio que permitirán a la Ciudad cumplir con los mandatos de SB 1383.

SB 1383 define “Residuos orgánicos” como lo siguiente:
• Alimentación/Comida
• Material verde
• Residuos de jardinería y poda
• Textiles y alfombras orgánicas
• Productos derivados de troncos elaborados en un aserradero • Madera
• Productos de papel
• Papel de impresión y escritura
SB 1383 requiere que cada jurisdicción en California proporcione servicios de recolección de productos orgánicos a todos los residentes y empresas antes del 1 de enero de 2022. Gilton continuara proporcionando un servicio de recolección residencial semanal de 2 carretas para recolectar tanto el material orgánico (carro orgánico) como la basura (carro MSW) al mismo tiempo con sus camiones automatizados de cuerpo dividido ONE-PASS.

Debido a SB 1383, el costo de la Ciudad para manejar los desechos sólidos aumentará a partir de 2022. Por lo tanto, la Ciudad está proponiendo un aumento a las Tarifas de Residuos Sólidos. El contrato de desechos sólidos de la Ciudad depende de los ingresos de cargos por servicios para satisfacer las necesidades anuales de financiamiento. Como tal, las tarifas deben fijarse en niveles adecuados para financiar el servicio. La Ciudad llevará a cabo una audiencia pública sobre los aumentos propuestos en la tarifa de desechos sólidos de la siguiente manera:

Fecha: 22 de febrero, 2022
Hora: 6:00 PM
Lugar*: Sala del Ayuntamiento de Riverbank
6707 Third Street, Suite B, Riverbank, CA 95367
City of Riverbank
* Debido a la pandemia de coronavirus, las audiencias públicas se llevaran a cabo en persona y/o en línea a conformidad con la Orden Ejecutiva del Gobernador N-29-20. Si la información de la reunión necesita ser actualizada, la información actualizada estará disponible en el sitio web de la Ciudad en www.riverbank.org.

Se necesitan aumentos en la tarifa de servicio de desechos sólidos para abordar los costos de cumplimiento de SB 1383 y la inflación
La Ciudad ha estado recibiendo servicios de recolección y eliminación de desechos sólidos de Gilton por más de 40 años. Las tarifas actuales para los servicios de residuos sólidos no han aumentado desde 2018. El aumento de la tarifa en el 2022 es impulsado por el aumento de los costos relacionados con el cumplimiento de los requisitos de SB 1383. Las tarifas en los siguientes cuatro años pasarán por cambios en el Índice de Precios al Consumidor, con un traspaso máximo del 5%, por lo que las tarifas podrán seguir financiando el mismo nivel de servicio.

La Ciudad y Gilton están comprometidos a proporcionar servicios de desechos sólidos de la más alta calidad a las tarifas más bajas posibles para nuestros clientes. Para cumplir con este compromiso, la Ciudad contrató a un consultor independiente de tarifas para llevar a cabo una evaluación de las necesidades de los servicios de desechos sólidos de la Ciudad. Con base en esta evaluación, la Ciudad ha determinado que los ajustes de tarifas propuestas, solicitadas por Gilton, están en línea con el costo del servicio. Las tarifas propuestas para el servicio mensual de residuos sólidos están estructuradas para recuperar el costo de recolectar, procesar, desviar y eliminar tanto los desechos orgánicos como la basura y asignar esos costos entre los clientes residenciales y comerciales. La Ciudad está proponiendo adoptar nuevas tarifas de desechos sólidos en los próximos cinco años, como se muestra en el cronograma a continuación.

Tarifas de residuos sólidos propuestas
Las tarifas propuestas a partir del 3/1/2022 para cada tipo de cliente se muestran en la siguiente tabla. Las tarifas en los cuatro años siguientes cambiarán en función de las transferencias inflacionarias descritas en la siguiente sección.

Tarifas Propuestas para clientes Residenciales/No-Residenciales y para pequeñas empresas Rate Type
Cuotas
Mensuales
Actuales
Cuotas Propuestas
Mensuales
Effectivo 3/1/2022
Residencial - 90 gallon Carro MSW & Carro Organico $23.40 $35.25 Residencial - 30 gallon Carro MSW & Carro Organico 20.52 32.37 Residencial - 90 gallon Carro MSW & Carro Organico - Cuota de Bajos Ingresos 17.55 29.40
Residencial - 30 gallon Carro MSW & Carro Organico - Cuota de Bajos Ingresos 15.44 27.29
Residencial - (2) 90 gallon Carro MSWs & Carro Organico 30.85 50.70 Residencial - (3) 90 gallon Carro MSWs & Carro Organico 38.30 66.15 Residencial - (2) 90 gallon Carro MSWs & Carro Organico - Cuota de Bajos Ingresos 24.37 42.82
No-Residencial y Pequenas Empresas - 90 Gallon Carro MSW 23.40 35.25 No-Residencial y Pequenas Empresas - 30 Gallon Carro MSW 20.59 32.44 No-Residencial y Pequenas Empresas - (2) 90 Gallon Carro MSW & Carro Organico 30.85 50.70
No-Residencial y Pequenas Empresas - (3) 90 Gallon Carro MSW & Carro Organico 38.30 66.15
No-Residencial y Pequenas Empresas - (4) 90 Gallon Carro MSW & Carro Organico 45.75 81.60
City of Riverbank
Tarifas Propuestas para clientes Comerciales
Rate Type
Cuotas
Mensuales
Actuales
Cuotas Propuestas
Mensuales Efectivo
3/1/2022
Comercial - 1 yd Bin 1x per week pickup 57.06 69.41
Comercial - 2 yd Bin 1x per week pickup 90.63 115.33
Comercial - 2 yd Bin 2x per week pickup 165.31 214.71
Comercial - 2 yd Bin 3x per week pickup 240.12 314.22
Comercial - 3 yd Bin 1x per week pickup 124.70 161.75
Comercial - 3 yd Bin 2x per week pickup 226.16 300.26
Comercial - 3 yd Bin 3x per week pickup 316.53 427.68
Comercial - 3 yd Bin 4x per week pickup 426.25 574.45
Comercial - 4 yd Bin 1x per week pickup 162.75 212.15
Comercial - 4 yd Bin 2x per week pickup 299.42 398.22
Comercial - 4 yd Bin 3x per week pickup 417.55 565.75
Comercial - 4 yd Bin 4x per week pickup 500.99 698.59
Comercial - 4 yd Bin 5x per week pickup 615.93 862.93
Comercial - 4 yd Bin 6x per week pickup 739.42 1,035.82 Comercial - 6 yd Bin 1x per week pickup 223.11 297.21
Comercial - 6 yd Bin 2x per week pickup 412.35 560.55
Comercial - 6 yd Bin 3x per week pickup 593.84 816.14
Comercial - 6 yd Bin 4x per week pickup 693.32 989.72
Comercial - 6 yd Bin 5x per week pickup 833.35 1,203.85 Comercial - 6 yd Bin 6x per week pickup $867.31 $1,311.91 Futuros ajustes de transferencia por inflación
A conformidad con el Código de Gobierno de California 53756, la Ciudad propone autorizar la transferencia de costos futuros debido a la inflación a través de los aumentos correspondientes a las Tarifas de Desechos Sólidos de la Ciudad. El 1ro de julio del 2023, 2024, 2025, y 2026, la tarifa máxima de desechos sólidos cambiara para reflejar los cambios anuales en el índice de Precios al Consumidor para Todos los Consumidores Urbanos (“IPC”) publicado por el Departamento de Trabajo de los Estados Unidos para el área estadística de San Francisco-Oakland-San Jose, CA. El cambio se basará en el período más reciente de mayo a abril en comparación con el período anterior de mayo a abril. El traspaso no superará el cinco por ciento (5%) anualmente.

Procedimientos de protesta por escrito, audiencia pública y estatuto de limitaciones La Ciudad llevará a cabo una audiencia pública para considerar la adopción de los ajustes de tarifas propuestas el 22 de febrero de 2022, a partir de las 6:00 pm. La reunión se llevará a cabo en la Sala del Ayuntamiento de Riverbank, 6707 Third Street, Suite B, Riverbank, CA 95367.

El propietario del registro o el inquilino de cualquier parcela sobre la que se proponga imponer las tarifas de servicio de desechos sólidos (es decir, un cliente registrado) puede presentar una protesta por escrito a los aumentos de tarifas propuestas; sin embargo, solo se contará una protesta por parcela identificada. Cualquier protesta por escrito debe: (1) declarar que la protesta se presenta en oposición a City of Riverbank
los aumentos de tarifas propuestas; (2) proporcionar la ubicación de la parcela identificada (por el número de parcela o la dirección postal del asesor); y (3) incluir el nombre y la firma del propietario del registro o inquilino. Las protestas por escrito pueden enviarse por correo o en persona a la Secretaria de la Ciudad, Ciudad de Riverbank, 6707 Third Street, Riverbank, CA 95367, o en la Audiencia Pública (fecha y hora mencionadas anteriormente). Todas las protestas por escrito deben ser recibidas por la Ciudad antes del cierre de la Audiencia Pública, que ocurrirá cuando se concluya el testimonio público sobre las tarifas propuestas. Cualquier protesta presentada por correo electrónico u otros medios electrónicos no calificará como una protesta por escrito. Por favor, identifique en el frente del sobre para cualquier protesta, ya sea enviada por correo o en persona, que la protesta adjunta es para la Audiencia Pública sobre las Tarifas de Servicio de Desechos Sólidos Propuestas.

El Concejo Municipal escuchará y considerará todas las protestas escritas presentadas y los comentarios orales hechos en la Audiencia Pública a los aumentos de tarifas propuestas. Los comentarios orales en la Audiencia Pública no calificarán como protestas formales a menos que vayan acompañados de una protesta por escrito. Al concluir la Audiencia Pública, el Concejo Municipal considerará la adopción de las tarifas propuestas para las tarifas de servicio de desechos sólidos descritas en este Aviso. Si las protestas por escrito contra los aumentos de tarifas propuestas como se describe anteriormente no son presentadas por la mayoría de los propietarios/inquilinos de parcelas a las que se propone imponer las tarifas de servicio de desechos sólidos, el Concejo Municipal estará autorizado a aprobar los aumentos de tarifas propuestas.

Además, de conformidad con el Código de Gobierno de California 53759, habrá un estatuto de limitaciones de 120 días para impugnar cualquier tarifa nueva, aumentada o extendida, incluidos los cargos por servicios de desechos sólidos, agua o alcantarillado adoptados, modificados o enmendados después del 1 de enero de 2022.
¿A quién debo llamar si tengo preguntas?
Para obtener más detalles sobre las bases y razones de los aumentos de tarifas propuestas, o para cualquier pregunta que pueda tener con respecto a su clasificación de clientes, las tarifas propuestas para ser impuestas en su parcela, o cualquier otra pregunta relacionada con los servicios de desechos sólidos, llame al Departamento de Finanzas al (209) 863-7109.

USTED PUEDE USAR ESTA FORMA PARA SOMETER SU PROTESTA AL INCREMENTO DE TARIFAS Yo, ________________________________________ doy protesta al incremento de tarifas.

Domicilio: ______________________________________________________________________________________ Firma: _________________________________________________________________________________________ Nombre: _______________________________________________________________________________________ Llene este formulario y envíelo o entrega en persona a:

City of Riverbank
Attn: City Clerk
6707 Third Street, Suite A
Riverbank, CA 95367

*FORMAS DEBEN SER RECIVIDAS ANTES DEL CIERRE DE LA AUDIENCIA PÚBLICA EL 22 DE FEBRERO 2022*

Item 10.2 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARING
Meeting Date: February 22, 2022
Subject: Resolution Approving the Fiscal Year 2021-22 Mid-Year Budget Amendments
From: Marisela H. Garcia, Interim City Manager
Submitted by: Tammy Alcantor, Assistant Finance Director

RECOMMENDATION
It is recommended that the City Council consider approval of the Fiscal Year 2021-22 Mid-Year Budget Amendments.

SUMMARY
The Finance Department has performed a mid-year review of the Fiscal Year 2021-22 budget and is recommending the following: 1) budget amendments based on actual beginning reserve changes and, 2) amendments based on revenue and expenditure trends and department requests.

BACKGROUND
On June 22, 2021 the City Council adopted the FY 2021-22 Annual Operating Budget.

This operating budget was prepared using estimates and projections on anticipated revenues and expenditures and was the result of the collaboration of all of the City’s departments. For the General Fund, the City Council approved a budget reflecting a structural deficit where expenditures were projected to exceed revenues by $685,000 and was projected to end with a reserve of 32%.

An important component of a mid-year budget evaluation is determining whether projections made during the preliminary budget adoption continue to remain true as revenues are received and expenditures have been made. In addition, new information that is received from Stanislaus County and/or the State of California is reviewed for its potential impact to the City’s budget and amendments are requested accordingly.

The following is a major fund analysis of recommended adjustments to revenues and expenditures highlighting those changes that are of significant impact to the budget. A detailed listing of all funds and accounts being adjusted is attached as Exhibit A.

Item 10.2 – CC/LRA – 02/22/2022
General Fund (Fund 101)
Revenues
The mid-year review of all General Fund revenues resulted in a recommended net increase of $779,000, the majority of which represents an increase in Sales Tax Revenue. Significant adjustments were made to the following revenue sources:

Account Adjustment Reasoning
Property Tax Current
Secured
$39,000 Increase based on actual assessed
values.

Sales Tax $500,000 Increase in taxable retail activities VLF Swap Property Tax $90,000 Increase based on actual assessed values.

Building Permit Fees $40,000 New Housing Construction permits COPS/SLESA $40,000 Increase based on current revenue trend.

Plan Check Fees $25,000 Increase in new construction
Expenditures
Expenditure reviews consisted of evaluating all accounts to ensure that the original budget would be sufficient to meet anticipated expenditures through the end of the fiscal year. When evaluating accounts Finance has taken into consideration new information affecting expenditures as well as spending trends. This mid-year evaluation (review) has resulted in a recommended net increase in expenditures for the General Fund of $182,400.

Only Major expenditure adjustments over $10,000 or staffing-related adjustment are reflected below, please see Exhibit A for additional recommended adjustments:

Department Adjustment Reasoning
City Manager $40,400 Cash out leave time of departing
employee.

Admin Services $20,000 Cash out leave time of departing employee.

Development Services $22,000 Consulting assistance to comply with SB 1383 Solid Waste.
$21,300 Salary & Benefit Request for
Construction Inspector I.

Parks $12,000 Purchase new acid tank and lifeguard
chair for community pool
$12,100 Basketball Court resurfacing and
restriping Silva Park, Zerillo Park and
Pioneer Park

Item 10.2 – CC/LRA – 02/22/2022
With the approved amendments, the General Fund is anticipated to end this fiscal year with a reserve of 41% or approximately $4.9 million. An adjustment of +$788,900 has been reflected to the General Fund’s Beginning Reserve. This increase was due to continued increases in Sales Tax as well as to Coronavirus Relief Act Funds which were able to offset city salaries and the Law Enforcement Contract.

Beginning Reserve Amended 07/1/2021 $4,946,055
Amended Revenues $11,743,800
Amended Expenditures $11,832,200
Anticipated Ending Reserve 06/30/2022 $4,857,655 (41%)
Structural Deficit $88,400
General Fund Analysis
The City must take into consideration the continued increase in expenditures, particularly the CalPERS Unfunded Liability which is projected to increase by almost $2 million by 2026. Staff will be discussing the implementation of a Section 115 Trust which will allow the City to set-aside funding for future increases to the city’s pension costs, specifically those from CalPERS.

Staff continues to recommend that the City Council consider appropriating a portion of the reserve to mitigate the impact of future expenditures (i.e. economic impacts such as COVID, unfunded liability, or capital needs).

New Position Requests and Position Reclassification/Promotion The General Fund budget includes the proposal to add additional staffing that is necessary in order to address the new housing and commercial development activity that is currently occurring in the City of Riverbank. In addition, we are proposing a promotion in the Building Division. The proposed new position and reclassification are as follows:

1. Promotion of the Building Inspector II to a Senior Building Inspector. Our Building Inspector has been with the City in this capacity for 17 years. His expertise and knowledge of the City, state, and federal building codes, have made him a valuable asset to the City. The financial impact for Fiscal Year 21-22 is $3,100.

2. New position request for a Construction Inspector I. The City has a Senior Construction Inspector whose duties far exceed his time available. When additional assistance is necessary the City has had to contract out this service which decreases the city’s ability to control how the work is performed. With the increase in capital infrastructure projects and new development, city staff is in need of a second inspector who can provide the proper oversight on these projects. The addition of this position will allow the City to implement its succession plan for Development Services Administration. The financial impact for Fiscal Year 21-22 is $21,300. These costs will be offset by developer fees and grant funding.

Item 10.2 – CC/LRA – 02/22/2022
Gas Tax Fund (Fund 102)
The Gas Tax Fund receives revenues from a variety of Highway User Taxes collected from the State of California via vehicle fuel purchases. Revenues may only be used to fund Street & Roads related maintenance and project expenses.

Revised revenue projections for the City’s Gas Tax Revenues have been received from the State of California. Updated projections are based on the increase in fuel prices experienced and the annual inflationary adjustment to all per-gallon fuel excise taxes.

This will result in an additional $185,000 being received by the City in Gas Tax and SB1 Funding for projects.

Expenditures remain steady for the Gas Tax Account which funds important services such as street maintenance repairs, street sweeping, and street light utilities. Expenditure increases are recommended in the Gas Tax Fund due to increase in light replacements and overtime. A net increase of $8,000 in expenses has been projected for this mid-year revision.

The Gas Tax Fund reserve as of June 30, 2022 will be as follows:

Beginning Reserve Amended 07/1/2021 $585,977
Amended Revenues $1,585,400
Amended Expenditures $1,907,400
Anticipated Ending Reserve 06/30/2022 $263,977 (17%)
Gas Tax Fund Analysis
Unfortunately, operating expenses in this fund continue to outpace the operating Gas Tax Revenues that are received by the city. For this fiscal year, the City’s General Fund will need to subsidize expenditures by approximately $117,000 in order to ensure that there are sufficient funds to continue maintaining our streets to the highest level possible. For the FY 2022-23, the City will be recommending a possible decrease in services in order to avoid the need for further subsidies.

It is important to note, that Reserve funds in the Gas Tax Fund account reflect balances held from the SB1-Road Maintenance and Rehabilitation Account received from the State of California. These funds are allocated by the City Council via the approval of the SB 1 Expenditure List that is presented to Council on an annual basis. It is normal for this fund to run a deficit as revenues are collected in one fiscal year and projects are completed in another.

Sewer Fund (Fund 106)
The Sewer Fund is a business-type account that has been established to fund the necessary maintenance and improvements of the sewer collection and sewer treatment systems. Revenues are received through user fees from residential, commercial, and industrial entities and may only be used for sewer-related expenditures. The City Council adopted five-year rate increases which went into effect as of November 21, 2015 and has

Item 10.2 – CC/LRA – 02/22/2022
provided funding for operations as well as capital upgrades to our sewer service lines and wastewater treatment facility. The last increase went into effect on July 1, 2019.

The Sewer Fund beginning reserve projection is being amended to $6,790,059. A significant portion of this reserve is related to Sewer Collection improvements that will be made in FY 2022-23 as detailed in the 2015 Rate Study.

Sewer revenue projections for the current fiscal year have been slightly increased by $20,000 for Penalty revenue.

Overall, the Sewer Fund is anticipated to end with a reserve of over 100% providing funds for future projects and addressing deferred maintenance. Future years are anticipated to continue reflecting a structurally balanced budget for operations. A capital improvement listing is being developed as a result of information received from the Smoke Test Study performed last year which will need to be addressed through the consideration of future rate increases.

In summary, the Sewer Fund is anticipated to end as follows:

Beginning Reserve Amended 07/1/2021 $6,790,059
Estimated Revenues $4,834,600
Estimated Expenditures** $3,822,600
Anticipated Ending Reserve 06/30/2022 $7,802,059 (161%) Water Fund (Fund 114)
The Water Fund is a business-type account that has been established to fund the necessary maintenance and improvements of the water distribution system. Revenues are received through user fees from residential, commercial, and industrial entities and may only be used for water-related expenditures.

The Fiscal Year 2021-22 beginning reserve is being adjusted to $2,957,848. This operating reserve is available for annual ongoing maintenance and operations costs of the Water utility fund.

Overall, the Water Fund is anticipated to end with a reserve of 90% providing funds for future projects and addressing deferred maintenance. For this Fiscal Year the Water Fund continues to run a structural deficit based on original revenue projections. Other than the Water Meter Project, the City has been unable to perform any other Capital Improvement Projects listed in the adopted Five-Year Rate Study due to the postponement of consumption billing. As the City continues to collect funds from consumption billing, it is anticipated that a Capital Reserve can be established to begin addressing the projects anticipated in the Study.

Similar to the Sewer Fund, the Finance Department has made an amendment to Water Revenues for additional Penalty/Fines revenue for delinquent accounts. An initial increase of $20,000 in Penalty Revenue has been projected.

Item 10.2 – CC/LRA – 02/22/2022
In summary, the Water Fund is anticipated to end the 2021-22 fiscal year as follows:

Beginning Reserve Amended 07/1/2021 $2,957,848
Estimated Revenues $3,160,800
Estimated Expenditures $3,360,100
Anticipated Ending Reserve 06/30/2021 $2,758,548 (87%)
Public Benefit Fund (Fund 230)
In June 2018, the City Council authorized the creation of the Public Benefit Fund. The intent of the fund was to ensure that all cannabis-related revenues were segregated and easily accounted for in a specific fund. In addition to establishing the fund, the City Council developed an expenditure policy which was focused on allocating the funds received for public safety (including police and code enforcement) and other projects that would provide a public benefit, including recreation.

This fund accounts for cannabis revenue which have come directly from the Development Agreements between the City and three cannabis-related businesses in the City.

Ongoing costs include the funding of a Sheriff Deputy & Community Resource Officer, leasing of the camera system, and a Neighborhood Improvement Officer position.

For the current fiscal year, the Public Benefit fund status as of June 30, 2022 is as follows:

Beginning Reserve Amended 07/1/2021 $1,657,556
Estimated Revenues $360,250
Estimated Expenditures $494,400
Anticipated Ending Reserve 06/30/2022 $1,523,356 (422%) Major adjustments to revenues and expenditures include the following:

Account Adjustment Reasoning
Public Benefit Fee –
Flavors
-$140,000 Adjustment based on re-negotiated
agreement. Credit balance established
in prior fiscal year.

Public Benefit Fee –
Perfect Union
-$63,800 Adjustment based on re-negotiated
agreement. Credit balance established
in prior fiscal year.

Equipment/Projects +$14,500 Funding for electric police patrol bicycles and additional funds for kitchen
enhancements in the police services
building.

Public Benefit Fund Analysis
As Development Agreements are re-negotiated there is an impact to revenues that must be taken into consideration. With fixed costs such as the camera project monthly fee and

Item 10.2 – CC/LRA – 02/22/2022
funding for two law enforcement officers, and a Neighborhood Improvement Officer it is important to consider that the City should designate portions of the reserve to ensure continued funding for these on-going costs.

Future impacts to the fund include:

1. The City has approved a fourth Development Agreement with DT California, LLC (DBA: Aeriz) who has proposed a project to be located at the current Cannery site.

Aeriz has requested an amendment to their Development Agreement which will impact revenues if approved.

2. Future capital projects that include upgraded safety features for Police Services, including the possibility of installing a security fence.

OTHER FUND ACTIVITY
Since Fiscal Year 2014-15 the City of Riverbank has been working on the design of the Patterson & Roselle Traffic Signal. Due to its proximity to the to the BNSF rail line, a significant amount of time has been spent in coordinating efforts with them related to this project along with right-of-way acquisition. The majority of the funding for construction has been obtained via CMAQ and RSTP funding with an additional amount coming from our local system development fee funds. Unfortunately, we are still awaiting word on whether we will be receiving additional CMAQ/RSTP funding to cover the costs for the construction that will occur as a result of BNSF, therefore staff has included a request of $674,300 to be allocated from system development fees in the event the CMAQ/RSTP funds are not approved. This would ensure that the City could bid and construct the project this year.

CONCLUSION
The mid-year budget review is an opportunity for the City Departments to revisit their initial budgets and recommend adjustments based on actual activity that is occurring or on activity that is anticipated to occur. Therefore it is recommended that the City Council approve the mid-year budget amendments as presented in Exhibit A.

FINANCIAL IMPACT
Fund Net Revenue
Adjustment
Net Expenditure
Adjustment
General Fund +$779,000 +$182,400
Gas Tax Fund +$185,000 +$8,000
Sewer Fund +$20,000 +$11,000
Water Fund +$20,000 +$32,600
Neighborhood Improvement Fund +$20,000 +$1,700
Community Center Fund $0 +$11,000
Fleet Services Fund $0 +$4,000
Recreation Fund +$200 +$2,400

Item 10.2 – CC/LRA – 02/22/2022
Workers’ Comp Liability Fund +$17,500 +$1,700
General Liability Fund +$1,400 $0
CDBG Fund +$10,000 $0
Rivercove Landscape & Lighting $0 +$3,900
Crossroads Landscape & Lighting $0 +$4,000
Water Connection Fee Fund +$6,000 $0
Sewer Connection Fee Fund +$4,000 $0
SDF Streets/PW +$35,000 +$674,300
SDF Water +$90,000 $0
SDF Waste Water +$14,000 $0
SDF Storm Drainage +$100,000 $0
SDF Parks +$90,000 $0
SDF Police & General Gov’t +$45,000 $0
System Administration Fund +$30,000 $0
System Development Imaging Fund +$1,000 $0
Public Benefit Fund -$203,800 +$14,500

STRATEGIC PLAN
In August 2021, the City Council established a Strategic Plan Goal to “Ensure Financial Stability”. This report addresses this matter.

ATTACHMENT

1. Resolution

2. Exhibit A: FY 2021-22 Mid-Year Budget Adjustments

CC/LRA – 02/22/2022
CC Resolution No. 2022-

CITY OF RIVERBANK
RESOLUTION 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING THE FISCAL YEAR 2021-2022 MID YEAR BUDGET ADMENDMENTS WHEREAS, as part of the mid-year budget review, staff has projected that all reserve accounts will remain within or above the parameters as initially forecast; and, WHEREAS, certain critical needs to personnel, supplies, programs, and equipment have arisen in certain operational areas; and, WHEREAS, to satisfactorily meet all current needs of the City, it is recommended that the adjustments presented in Exhibit A: FY 2021-2022 Mid-Year Budget Adjustments be approved.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the budget adjustments presented in Exhibit A: FY 2021- 2022 Mid-Year Budget Adjustments to satisfactorily meet the needs of our residents.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of February, 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachments:Exhibit A – Mid Year Budget Adjustments
Fund Account Account Name Amendment Justification Amendment Original Amended 101: General Fund
Revenues 100-000.000-400.010 Property Tax Current Secured Increase in revenues based on actual Assessed
Value 39,000 1,313,000 1,352,000
101-000.000-400.050 Sales Tax
Increase in revenues with increase in retail
activities 500,000 3,600,000 4,100,000
101-000.000-400.060 Property Transfer Tax
Reduced revenue due to repayment of prior
year over payment to the City. (25,000) 69,000 44,000
101-000.000-400.090 Motor Vehicle In Lieu Tax Revenues are tracking higher than anticipated 10,000 19,000 29,000 101-000.000-400.100 Homeowners Prop Tax Relief Decrease in revenues based on current trends. (5,000) 15,000 10,000 101-000.000-400.190 VLF Swap - Property Tax
Increase in revenues based on actual Assessed
Value 90,000 2,153,400 2,243,400
101-000.000-450.030 Building Permit Fees Increase in revenues for new construction 40,000 200,000 240,000 101-000.000-501.000 COPS/SLESA Increase based current revenue trend 40,000 110,000 150,000 101-000.000-600.090 Plan Check Fees Increase in revenues for new construction 25,000 50,000 75,000 101-000.000-600.100 Planning & Zoning Fees Increase in revenues for new construction 7,000 15,000 22,000 101-000.000-664.000 Interest Income Decrease in revenues based on current trends. (15,000) 40,000 25,000 101-000.000-675.090 Miscellaneous Revenues Increase due to one-time refund 40,000 5,000 45,000 101-000.000-680.025 Misc. Program Revenue Increase reimbursement JMP staffing 11,000 20,000 31,000 101-000.000-699.000 Transfers In
Increase funding for employee cost from other
departments 22,000 2,257,600 2,279,600
Net General Fund Revenue Adjustments $ 779,000 $ 9,867,000 $ 10,646,000 General Fund Expenditure Amendments
City Manager
101-402.000-701.001 Personnel Regular
Increase due to cash out to employee departing
the City 40,000 173,800 213,800
101-402.000-706.015 Employee Functions
Increase due to additional functions for
employees departing the City. 5,000 3,500 8,500
101-402.000-708.005 Medicare
Increase due to cash out to employee departing
the City 400 2,500 2,900
Finance 101-403.000-701.001 Personnel Regular FT Employee Recruitment completed 5,500 539,900 545,400 101-403.000-701.080 Salary Request FT Employee Recruitment completed (6,900) 6,900 0 101-403.000-703.024 Postage Increase postage costs for UB mailings 5,000 6,000 11,000 101-403.000-708.007 Payroll Taxes FT Employee Recruitment completed 400 2,400 2,800 101-403.000-708.012 Deferred Compensation FT Employee Recruitment completed 1,000 9,900 10,900 Planning
101-405.000-703.025 Office Expense
Increase for replacement of computer
equipment for Staff 1,600 3,000 4,600
101-405.000-706.023 Advertising Additional advertising costs 4,500 2,000 6,500 Building
101-406.000-701.080 Salary Request
Promotion of Building Inpsector I to Sr. Building
Inspector 3,100 0 3,100
EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
101-406.000-703.025 Office Expense
Increase for Permit Printer, scanner and
replacement computer equipment for Staff 1,500 1,500 3,000 Building Maintenance 101-407.000-701.002 Personnel Part Time Additional part-time staffing hours 1,500 3,500 5,000 101-407.000-702.030 Maintenance Operation Equipment
Increase funding needed for unanticipated
repairs to facilities. 1,500 2,000 3,500
101-407.000-707.003 Equipment/Projects
Increase funding for additional cost on
Community Center Roof 2,500 44,800 47,300
Admin Services
101-408.000-701.001 Personnel Regular
Increase due to cash out to employee departing
the City 20,000 346,300 366,300
Police Department 101-409.000-707.003 Equipment Projects Additional cost for breakroom remodel 7,000 28,000 35,000 Development Services Administration
101-412.000-701.080 Salary Request
Salary & Benefit Costs for Construction
Inspector I 21,300 0 21,300
101-412.000-702.032 Professional/Special Services
Solid Waste Unfunded Mandates (SB 1383
Compliance) Consultant 22,000 7,500 29,500
101-412.000-703.023 Advertising Additional advertising costs 1,000 1,200 2,200 101-412.000-703.025 Office Expense
Increase for replacement of computer
equipment for Staff 6,000 2,000 8,000
Storm Water Admin 101-413.000-706.056 State/County Fees Increase fees SWRCB 600 20,300 20,900 Parks 101-414.000-701.002 Personnel Part Time Additional part-time staffing JMP 11,000 39,100 50,100 101-414.000-706.056 State/County Fees Increase property tax fees 600 3,900 4,500 101-414.000-707.002 Capital Expenditures Purchase new acid tank, new lifeguard chair 12,000 2,500 14,500 101-414.000-707.003 Equipment/Projects
Basketball Court resurfacing and restriping:

Silva Park, Zerillo Park and Pioneer Park 12,100 8,000 20,100 Recreation Subsidy
101-459.000-999.000 Transfers Out Subsidy to Recreation fund for Equip. Purchase 2,200 561,800 564,000 Net General Fund Expenditure Adjustments $182,400 $1,822,300 $2,004,700 Net General Fund Revenue Adjustments 779,000 $
Net General Fund Expenditure Adjustments $182,400
Net Effect to the General Fund Reserve $596,600

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
102: Gas Tax Fund
Revenues 102-000.000-400.140 State Gas Tax 2106 Increase based on revised State estimates 10,000 77,300 87,300 102-000.000-400.150 State Gas Tax 2107 Increase based on revised State estimates 30,000 171,200 201,200 102-000.000-400.170 State Gas Tax 2105 Increase based on revised State estimates 20,000 127,500 147,500 102-000.000-400.175 State Gas Tax 2103 Increase based on revised State estimates 40,000 173,600 213,600 102-000.000-600.050 SB1-RMRA Revenue Increase based on revised State estimates 85,000 432,800 517,800 Net Gas Tax Fund Revenue Adjustments 185,000 982,400 1,167,400 Expenditures 102-418.000-701.004 Standby Pay Increase 6,000 10,000 16,000 102-418.000-702.037 Street Light Repair Increase in replacements 2,000 2,000 4,000 Net Gas Tax Fund Expenditure Adjustments 8,000 12,000 20,000 106: Sewer Fund
Revenues 106-000.000-655.000 Fines, Forfeitures, Penalties Increase due reactivating penalties 20,000 60,000 80,000 Net Sewer Fund Revenue Adjustments 20,000 60,000 80,000 Expenditures 106-423.000-999.000 Transfers out Contribution for departing employees cashout. 11,000 1,562,250 1,573,250 Net Sewer Fund Expenditure Adjustments 11,000 1,562,250 1,573,250 114: Water Fund
Revenues 114-000.000-655.000 Fines, Forfeitures, Penalties Increase due reactivating penalties 20,000 40,000 60,000 Net Water Fund Revenue Adjustments 20,000 40,000 60,000 Expenditures 114-433.000-701.003 Personnel Overtime Increase to do unforseen issues 5,000 30,000 35,000 114-433.000-701.004 Standby Pay Increase to do unforseen issues 5,000 27,000 32,000 114-433.000-704.022 Communications Increase in Communication fees 2,000 5,300 7,300 114-433.000-706.056 State/County Fees Increase SWRCB 4,000 30,000 34,000 114-433.000-706.999 Bad Debt Bad Debt Write Off for uncollectible accounts 5,000 0 5,000 114-433.000-708.005 Medicare Increased Medicare costs due to OT 600 3,600 4,200 114-433.000-999.000 Transfer out Contribution for departing employees cashout. 11,000 951,950 962,950 Net Water Fund Expenditure Adjustments 32,600 1,047,850 1,080,450

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
117: Neighborhood Improvement Fund
Revenues 117-000.000-655.000 Fines, Forfeitures, Penalties Firework Citation Revenue 20,000 10,000 30,000 Net Neighborhood Improvement Fund Revenue Adjustments 20,000 10,000 30,000 Expenditures 117-411.000-701.001 Personnel Regular FT Employee Recruitment completed 27,237 69,700 96,937 117-411.000-701.080 Salary Request FT Employee Recruitment completed (58,300) 58,300 0 117-411.000-703.025 Office Expense
Increase for replacement of computer
equipment for Staff 1,700 1,500 3,200
117-411.000-708.005 Medicare FT Employee Recruitment completed 457 1,400 1,857 117-411.000-708.006 PERS Retirement FT Employee Recruitment completed 6,276 15,300 21,576 117-411.000-708.007 Payroll Taxes FT Employee Recruitment completed 289 2,300 2,589 117-411.000-708.008 Medical Insurance FT Employee Recruitment completed 16,758 1,800 18,558 117-411.000-708.009 National Retirement FT Employee Recruitment completed 2,840 4,700 7,540 117-411.000-708.010 Self Insurance (Workers Comp) FT Employee Recruitment completed 4,443 10,200 14,643 Net Neighborhood Improvement Fund Expenditures Adjustments 1,700 165,200 166,900 118: Community Center Fund
Expenditures 118-441.008-703.066 JMP Parking Expenses Increase Part Time Personnel cost 11,000 50,000 61,000 Net Community Center Fund Expenditure Adjustments 11,000 50,000 61,000 119: Fleet Services Fund
Expenditures 119-442.000-706.028 Small Tools Replacement of aging tools 4,000 1,300 5,300 Net Fleet Services Fund Expenditure Adjustments 4,000 1,300 5,300 134: Recreation Fund
Revenues 134-000.000-672.001 Pool Concessions Pool concessions for Summer 2021 200 300 500 Net Recreation Fund Revenue Adjustments 200 300 500
Expenditures 134-459.000-701.001 Personnel Regular Position vacancy use of contract employee (35,000) 254,000 219,000 134-459.000-702.032 Professional Service Contract employe for vacancy position 35,000 8,200 43,200 134-459.000-707.002 Capital Expenditures Purchase two inflatables for community pool 2,400 4,000 6,400 Net Recreation Fund Expenditures Adjustments 2,400 266,200 268,600

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
137: Workers Comp Liability Fund
Revenues 137-000.000-675.445 Premium Rebate Rebate of previous years premium savings 17,500 43,900 61,400 Net Workers Comp Liability Fund Revenue Adjustments 17,500 43,900 61,400 Expenditures 137-460.000-702.032 Professional Services AED Maintenance 1,700 0 1,700 Net Workers Comp Liability Fund Expenditure Adjustments 1,700 0 1,700 138: General Liability Fund
Revenues 138-000.000-675.445 Premium Rebate Rebate of previous years premium savings 1,400 36,800 38,200 Net General Liability Fund Revenue Adjustments 1,400 36,800 38,200 153: CDBG Fund
Revenues 153-000.000-664.000 Interest Income Interest received from loan payoffs 10,000 12,000 22,000 Net CDBG Program Income Fund Revenue Adjustments 10,000 12,000 22,000 157: Water Connection Fee Fund
Revenues 157-000.000-600.150 Water Connection Fees Connection fees from new construction 6,000 20,000 26,000 Net Water Connection Fund Revenue Adjustments 6,000 20,000 26,000 158: Sewer Connection Fee Fund
Revenues 158-000.000-660.050 Sewer Connection Fees Connection fees from new construction 4,000 20,000 24,000 Net Sewer Connection Fund Revenue Adjustments 4,000 20,000 24,000 175: Rivercove Landscape & Lighting District
Expenses 175-590.000-706.029 Main. of Bldg/Structures/Grds 1/2 cost of Zerillo Park Basketball Resurfacing 3,900 36,800 40,700 Net Assessment District Fund Expenditure Adjustments 3,900 36,800 40,700

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
205: Sys Dev Fees-Streets/PW
Revenues 205-000.000-664.000 Interest Income Decrease interest revenues based on rates (5,000) 20,000 15,000 205-000.000-675.330 Developer Fees Fees from new construction 40,000 100,000 140,000 Net SDF Streets/PW Fund Revenue Adjustments 35,000 120,000 155,000 Expenditures 205-473.000-707.068 Sys Development Signals Increase for Patterson/Roselle Signal for ROW 674,300 838,000 1,512,300 Net SDF Streets/PW Fund Expenditure Adjustments 674,300 838,000 1,512,300 206: Sys Dev Fees-Water
Revenues 206-000.000-675.330 Developer Fees Fees from new construction 90,000 150,000 240,000 Net SDF Water Fund Revenue Adjustments 90,000 150,000 240,000 207: Sys Dev Fees-Waste Water
Revenues 207-000.000-675.330 Developer Fees Fees from new construction 14,000 50,000 64,000 Net SDF Waste Water Fund Revenue Adjustments 14,000 50,000 64,000 208: Sys Dev Fees-Storm Drainage
Revenues 208-000.000-675.330 Developer Fees Fees from new construction 100,000 150,000 250,000 Net SDF Storm Drainage Fund Revenue Adjustments 100,000 150,000 250,000 209: Sys Dev Fees-Parks
Revenues 209-000.000-675.330 Developer Fees Fees from new construction 90,000 50,000 140,000 Net SDF Parks Fund Reveneue Adjustments 90,000 50,000 140,000

Fund Account Account Name Amendment Justification Amendment Original Amended EXHIBIT A: FY 2021-22 Mid-Year Budget Adjustments
Budget
210: Sys Dev Fees-Police & General Government
Revenues 210-000.000-675.330 Developer Fees Fees from new construction 45,000 40,000 85,000 Net SDF Police & General Govt Fund Revenue Adjustments 45,000 40,000 85,000 211: System Administration Fee Fund
Revenues 211-000.000-665.010 System Admin Fees Admin Fees from new construction 30,000 40,000 70,000 Net SDF System Admin Fee Fund Revenue Adjustments 30,000 40,000 70,000 212: System Development Imaging Fee Fund
Revenues 212-000.000-600.215 Zoning, GP, Base Map Updates GIS updates for new development 1,000 6,000 7,000 Net SDF System Dev. Imaging Fee Fund Revenue Adjustments 1,000 6,000 7,000 220: Crossroads Landscape & Lighting District
Expenses 220-590.000-706.029 Main. of Bldg/Structures/Grds 1/2 cost of Zerillo Park Basketball Resurfacing 4,000 160,778 164,778 Net Assessment District Fund Expenditure Adjustments 4,000 160,778 164,778 230: Public Benefit Fee Fund
Revenues 230-000.000-600.100 Public Benefit Fee - Flavors Adjustment based on renegotiated agreement (140,000) 360,000 220,000 230-000.000-600.150 Public Benefit Fee - Perfect Union(Cannabis Collective) Adjustment based on renegotiated agreement (63,800) 108,000 44,200 Net Public Benefit Fund Revenue Adjustments (203,800) 468,000 264,200 Expenditures 230-411.000-707.003 Equipment/Projects Two electric police patrol bicycles 8,500 230-441.000-707.003 Equipment/Projects Kitchen enhancement police building 6,000 35,000 49,500 Net Public Benefit Fund Expenditure Adjustments 14,500 35,000 49,500

Item 11.1 - CC 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: February 22, 2022
Subject: 2022 Cheese & Wine Festival
From: Marisela H. Garcia, Interim City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
It is recommended that the City Council hear the plans being considered for the 2022 Cheese & Wine Festival and provide input to the Director of Parks and Recreation and Simply Devine Events, LLC for the Coordination of the 2022 Cheese & Wine Festival.

SUMMARY
A brief overview will be provided to the City Council regarding the outcome of the 2021 Cheese & Wine Festival. Potential plans will be presented for City Council review for the 2022 Festival by Tamra Spade, owner of Simply Devine Events, LLC.

BACKGROUND
The Riverbank Cheese and Wine Festival has been held in Riverbank for the past 44 years. The Festival was administered by the Riverbank Chamber of Commerce for many years until it was sold to the Riverbank Rotary Club. The Rotary Club administered the Festival for 8 years and in 2014 made the decision that they were unable to continue the event. The city then purchased the event from the Rotary Club for $15,000.

The City Parks and Recreation Department contracted with Chris Ricci Presents, Inc. for six years for the coordination of the festival. Last year the City contracted with Simply Devine Events, LLC for the first time.

The first year is always a learning experience when implementing this event as there are a great deal of moving parts to this large festival. The Director of Parks and Recreation and Tamra Spade from Simply Devine Events, LLC will discuss last year’s festival and discuss some ideas for the implementation of this year’s festival.

Item 11.1 - CC 02/22/2022

STRATEGIC PLAN
This item is relevant to the City Strategic Plan by Enhancing the Quality of Life through Recreation and Community Events.

FINANCIAL IMPACT
The performance agreement put in place for the 2021 event engaged Simply Devine Events, LLC to provide the event coordination services and established that the costs for those services to be $20,000 and 15% of net revenue over the budgeted profit.

The 2021 festival was well attended, safe and overall successful operationally. Financially the event was self-sustaining as in the past. There was not much revenue generated after expenses but this was due to a variety of factors including COVID challenges, a new contractor and the rise in cost for services and products.

Since the City has taken oversite of the event, the festival has been financially successful and has not required funding from the General Fund. The goal of the department is for the festival to be self-sustaining, safe and enjoyed by the community.

ATTACHMENT
There are no attachments to this report.

Item 11.2 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: February 22, 2022
Subject: A Resolution to Award a Contract for the Technical Package, Program Management, and Preliminary Design for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $425,000 from the Wastewater Enterprise Fund for Said Contract
From: Marisela H. Garcia, Interim City Manager
Submitted by: Michael Riddell, Public Works Director

RECOMMENDATION
It is recommended that the City Council award the contract for preliminary design phase, program management, and preparation of the Technical Package for the State Water Resources Control Board Clean Water State Revolving Fund Financial Assistance application for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., authorize the City Manager to execute a contract with said firm in the amount of $404,662, authorize a contingency amount of $20,338 (approximately 5%), and authorize a budget appropriation of $425,000 from the Wastewater Enterprise Fund for said contract.

SUMMARY
Upon completion of the City of Riverbank Recycled Water Production Study and Recycled Water Use Study reports and as directed by the City Council, applications for financial assistance for proceeding with the Phase I Regional Recycled Water Project (RRRWP) have been prepared and submitted to the State Water Resources Control Board under the Clean Water State Revolving Fund (CWSRF). Additional application documentation has been submitted to the United States Bureau of Reclamation (USBR) for consideration of funding under the Title XVI and funding from other sources has been identified and is being pursued. To complete the CWSRF financial assistance application for project implementation, preparation of the CWSRF Technical Package is necessary, which includes preparation of preliminary design documents and coordination with the consultants conducting the environmental and financial studies and reports.

During this period of applying for financial assistance, technical support and representation of the City in management of the Phase I program is also required, to

Item 11.2 – CC/LRA – 02/22/2022
include coordinating the selection of a design consultant team to ultimately prepare the final construction documents once funding is secured. Based on the City’s Request for Qualifications (RFQ) process for on-call civil engineering services and Kjeldsen, Sinnock, & Neudeck, Inc.’s (KSN) selection as the firm most qualified to provide the City’s con-call water, stormwater, and wastewater engineering, as well as KSN’s successful completion of the Recycled Water Study reports, staff has negotiated a fair and reasonable scope of services and budget with KSN for program management, preliminary design and preparation of the Technical Package, and assistance in selecting the design consultant team for once funding is secured. Tonight’s request is to proceed with awarding the contract to KSN for providing program management, preparation of preliminary design and CWRSF Environmental Package documents, and assisting the City in selecting a design team for the project. Because applications for additional funding sources are currently being pursued, and additional engineering studies and planning may be necessary as the project details are further developed, it is further recommended that the City Council authorize a 5% budget contingency to allow the City Manager to negotiate additional engineering studies or report preparation.

BACKGROUND
The City has completed a feasibility level study of expanding the Wastewater Treatment Plant (WWTP) to produce recycled water as well as provide for capacity to meet expected wastewater treatment needs of the City for the next 30 years. The feasibility study also evaluated treatment process improvements to provide for nitrogen control and improved effluent quality for continued discharge to land of a portion of the flow, not otherwise delivered to recycled water users. Based on input and direction from the City Council, a Phase I program of implementation of the alternatives evaluated in the feasibility study is being developed for implementation, including preparation of financial assistance applications to multiple funding sources. The Phase I recommended program of the RRRWP is envisioned as a program for the production and use of recycled water in southeastern San Joaquin County. Wastewater generated within the City is the proposed source of recycled water in this proposed project and has the potential to capture and reuse wastewater to supplement fresh water sources, including in-lieu recharge of groundwater. The proposed project includes improvements to the City of Riverbank WWTP, and recycled water distribution facilities within the vicinity of the WWTP. It is envisioned that this water will be used to offset water used for agricultural needs. The Phase I project is proposed to include the following facilities improvements:

1. Facilities improvements at the WWTP to provide the level of treatment required to produce recycled water from wastewater originating at the City of Riverbank, including upgrades to the secondary treatment process and addition of tertiary treatment and disinfection; modifications of existing percolation ponds and/or construction of new seasonal storage ponds; and construction of a new distribution pump station. Improvements to the secondary treatment process include biological nutrient removal to reduce effluent nitrogen for continued use of the on-site percolation ponds.

2. Recycled water distribution facilities for agricultural irrigation using recycled water in the vicinity of the City of Riverbank. The distribution of recycled water is expected to be phased with initial phase delivering recycled water directly to

Item 11.2 – CC/LRA – 02/22/2022
one or more individual agricultural users in close proximity to the Riverbank WWTP. A later phase delivering recycled water to the South San Joaquin Irrigation District Lower Lateral #2 may be completed once additional agreements are in place.

It is the City’s goal to have a complete application for financial assistance, including any refinements to the project scope coordinated with the environmental and financial/rate studies occurring concurrently, and preparation of the Technical Package before December 31, 2022.

The projected total capital cost (including allowance for engineering, environmental, permitting, and administration) of the recommended improvements are summarized below.

Facility Component Projected Total
Capital Cost
Headworks and Secondary Improvements to WWTP $39,740,000 Recycled Water Filtration and Disinfection $8,800,000
Phase I Recycled Water Storage, Pumping, and Distribution $16,500,000 Total $65,040,000
The total engineering design cost for the above project scope is budgeted at approximately $5.2M, or about 10% of the construction cost.

Application was made to the State Water Resources Control Board for financial assistance under the CWSRF program. The submitted application included the general application form and project information as well as the priority scoring sheet. To complete the application, and allow for a project scoring that would result in project funding in 2023, the following additional detailed information must be prepared and submitted no later than December 31, 2022:

Technical Package, (which is included with the scope of services for this item) to include review of water rights, water conservation measures, the Project Report (the feasibility studies prepared in 2021), updated project details (as needed for preparation of the other application packages) and worksheets.

Environmental Package, to include CEQA documentation (requiring additional project engineering definition), project evaluation under federal environmental requirements (additional alternatives analysis and archeological/historic preservation review, clean air act review, and biological resources and water quality/wetland resources review). Preparation of this package was authorized by the County Council at the February 8, 2022 meeting.

Financial Security Package, to include City demographic information, funding sources, projected annual operation and maintenance costs, revenue source determinations and associated rate study and rate adoption, and additional

Item 11.2 – CC/LRA – 02/22/2022
financial management policies and projections. Preparation of this package was authorized by the County Council at the February 8, 2022 meeting.

The City Council has authorized the preparation of the Environmental and Financial Security Packages and concurrent development of the Technical Package is planned to allow the City to have a complete CWSRF financial assistance package by December 31, 2022. Ak key element of this scope is to include a more detailed preliminary design to support both environmental and financial analysis and review. This will allow consideration of project finding, including retaining a design consultant for initiation of detailed design in 2023.

In addition to providing for preparation of the Technical Package for the CWSRF financial assistance application, the enclosed negotiated scope of services also provides for the following key assistance in project implementation:
• Program management during this preliminary design and funding application phase, including technical representation of the City with the selected environmental and rate study consultants and with the State Water Resources Control Board, USBR, US EPA, and others.
• Assistance with progress reports and presentations to the City Council on advancement of this important project.
• Preparation of additional technical information expected for the USBR Title XVI application and initial US EPA coordination on WIFIA financial assistance. • Preparation of detailed preliminary design information to further refine the project scope, including any adjustment to the project as needed resulting from environmental and financial review, and to serve as the scope for selection of the design consultant team to take the project design forward for construction. • Assistance to the City for the important process of selecting a qualified design consultant team to take the project design through to preparation of detailed plans and specifications for project bidding and construction starting in 2023, under the requirements of the finding programs secured by the City.

The scope of services contained as Exhibit A to the attached draft Consultant Agreement has been developed to address these requirements. The effort, including the preliminary design effort at a proposed budget of $314,350, is reasonable at less than 8% of the expected total design cost of $5.2M.

Based on City staff’s reviewed and selection of KSN for on-call civil engineering related to the City’s water, wastewater, and stormwater utilities, and the firm’s project understanding, experience with related work, and firm’s project manager experience and qualifications, contracting with KSN is recommended according to the attached draft Consultant Agreement.

STRATEGIC PLAN
The RRRWP and this action addresses the following August 10, 2021 Strategic Plan Goals:

Item 11.2 – CC/LRA – 02/22/2022
Goal 1.3 Continue to seek local, regional and federal grant opportunities to support City projects, programs and initiatives.

Goal 6, Promoting Sustainable Development, by providing for facilities that sustainably support the City’s thoughtful and careful planning.

FINANCIAL IMPACT
Cost of this element of the project is $404,662, with the potential to add an additional $20,338 supporting pursuit of additional funding sources or additional technical studies, to be appropriated from the City’s Wastewater Enterprise Fund.

ATTACHMENT
1) Resolution
2) Kjeldsen, Sinnock & Neudeck, Inc. Consultant Agreement - DRAFT

CC/LRA – 02/22/2022
CC Resolution No. 2022-

CITY OF RIVERBANK
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,

CALIFORNIA, TO AWARD A CONTRACT FOR THE TECHNICAL PACKAGE,

PROGRAM MANAGEMENT, AND PRELIMINARY DESIGN FOR THE REGIONAL RECYCLED WATER PROJECT – PHASE I TO KJELDSEN, SINNOCK & NEUDECK, INC., AUTHORIZE THE CITY MANAGER TO EXECUTE A

CONTRACT WITH SAID FIRM, AND AUTHORIZE A BUDGET APPROPRIATION OF $425,000 FROM THE WASTEWATER ENTERPRISE FUND FOR SAID

CONTRACT
WHEREAS, the City has submitted an application to the State Water Resources Control Board for financial assistance in implementing the Regional Recycled Water Project – Phase I; and
WHEREAS, in order to complete the application for financial assistance certain technical documents must be prepared and submitted to the State Water Resources Control Board; and
WHEREAS, preparation of preliminary design engineering is needed to support environmental and financial studies being conducted for this project and to refine the project scope for future preparation of detailed construction plans; and WHEREAS, the City desires to contract for program management and technical representation during the preliminary design and financial assistance application phase; and
WHEREAS, in addition to submitting to the State Water Resources Control Board for financial assistance, the City will also submit applications for funding under other programs to be determined; and
WHEREAS, the scope of services for program management, preliminary design and preparation of the Technical Package under the State Water Resources Control Board Clean Water State Revolving Fund Program will meet these requirements; and WHEREAS, after consideration of statements of qualifications submitted in response to a Request for Qualifications for on-call civil engineering services, it is the City Council’s desire to award the contract for preparation of the Technical Package, program management, and preliminary design to Kjeldsen, Sinnock & Neudeck, Inc. at a cost of $404,662, with an approximate 5% budget contingency amount of $20,338 for potential additional services to be administered by the City Manager, for a total of $425,000 to be allocated from the Wastewater Enterprise Fund.

CC/LRA – 02/22/2022
CC Resolution No. 2022-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby awards the Technical Package, Program Management, and Preliminary Design for the Regional Recycled Water Project – Phase I contract to Kjeldsen, Sinnock & Neudeck, Inc, authorizes the City Manager to execute this contract, and appropriates $404,662 from the Wastewater Enterprise Fund.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of February, 2022; motioned by Councilmember ________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of :

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
_________________________ _____________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Consultant Agreement

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of February 2022, (the “Effective Date”) by and between the City of Riverbank, a California municipal corporation (“City”), and Kjeldsen, Sinnock & Neudeck, Inc., a California corporation (“Consultant”). City and Consultant may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
A. City has issued a request for qualifications (“RFQ”) for on-call civil engineering services and determined that consultant services are required for the preparation of technical documents and program management services in connection with the Regional Recycled Water Project – Phase I (the “Project”).

B. Consultant has submitted a statement of qualifications and a proposed scope of services to City for proposed consultant services, attached hereto and described more fully in Exhibit A (“Services”).

C. Consultant represents that it is qualified, willing and able to provide the Services to City, and that it will perform Services related to the Project according to the rate schedule attached hereto and described more fully in Exhibit B (the “Rates”).

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Consulting Services. Consultant agrees, during the term of this Agreement, to perform the Services for City in connection with the Project. Any request for services in addition to the Services described in Exhibit A will be considered a request for additional consulting services and not compensated unless the Parties otherwise agree in writing. No subcontract shall be awarded or an outside consultant engaged by Consultant unless prior written approval is obtained from City.

2. Compensation. City shall pay Consultant according to the fee schedule set forth in the Rates, as full remuneration for the performance of the Services, with a total cost not to exceed $404,662.00 for the Services described in Exhibit A. Consultant agrees to maintain a log of time spent in connection with performing the Services. On a monthly basis, Consultant shall provide City, in reasonable and understandable detail, a description of the services rendered pursuant to the Services and in accordance with the Rates. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. If City disputes any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

3. Reimbursement. Reimbursable expenses related to travel, lodging, conference calls, reproduction and other costs incurred related to Consultant’s performance of the Services in accordance with the Rates with the total fee not to exceed that stipulated in Paragraph 2.

4. Confidential Information. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Consultant shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Consultant written authorization to make any such disclosure, Consultant shall do so only within the limits and to the extent of that authorization. Such authorization does not guarantee that the City will grant any further disclosure of Confidential Information. Consultant may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Consultant agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.

5. Term. This Agreement shall become effective on the Effective Date and will continue in effect until the Services provided herein have been completed, unless terminated earlier as provided in Section 6 or 7 below (the “Term”).

6. Termination. City may terminate this Agreement prior to the expiration of the Term (“Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement (the “Termination Notice”). Upon receipt of a Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Termination Notice, only for Services actually performed.

7. Termination for Cause. Notwithstanding Section 6 above, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Consultant’s malfeasance.

Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Consultant.

8. Performance by Key Employee. Consultant has represented to City that Neal Colwell will be the person primarily responsible for the performance of the Services and all communications related to the Services. City has entered into this Agreement in reliance on that representation by Consultant.

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

9. Property of City. The following will be considered and will remain the property of City:

A. Documents. All reports, drawings, graphics, working papers and Confidential Information furnished by City in connection with the Services (“Documents”).

Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Documents.

B. Data. All data collected by Consultant and produced in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams, visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data.

C. Delivery of Documents and Data. Consultant agrees, at its expense and in a timely manner, to return to City all Documents and Data upon the conclusion of the Term or in the event of Termination.

10. Duties of City. In order to permit Consultant to render the services required hereunder, City shall, at its expense and in a timely manner:

A. Provide such information as Consultant may reasonably require to undertake or perform the Services;

B. Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and C. Promptly notify Consultant of any fault or defect in the performance of Consultant’s services hereunder.

11. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:

A. Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits and registrations required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Consultant represents and warrants to City that Consultant shall, at Consultant’s sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and registrations that are legally required for Consultant to practice Consultant's profession at the time the Services are rendered.

B. Consultant Performance. Consultant represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Consultant shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs,

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

procedures and standards for such Services. All work or products completed by Consultant shall be completed using the best practices available for the profession and shall be free from any defects. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall re-perform or replace unsatisfactory Service at no additional expense to City.

12. Compliance with Laws and Standards. Consultant shall insure compliance with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant shall perform all work according to generally accepted standards within the industry. Consultant shall comply with all ordinances, laws, orders, rules, and regulations, including the administrative policies and guidelines of Client pertaining to the work.

13. Independent Contractor; Subcontracting. Consultant will employ, at its own expense, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Consultant is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing.

14. Insurance. Consultant and all of Consultant’s contractors and subcontractors shall obtain and maintain insurance of the types and in the amounts described in this paragraph and its subparagraphs with carriers reasonably satisfactory to City.

A. General Liability Insurance. Consultant shall maintain occurrence version commercial general liability insurance or an equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) for each occurrence.

B. Workers’ Compensation Insurance. Consultant shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Consultant shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.

C. Errors and Omissions Liability. Consultant shall carry errors and omissions liability insurance in the amount of no less than One Million Dollars ($1,000,000.00) per occurrence or greater if appropriate for the Consultant's profession. Architects and engineers coverage is to be endorsed to include contractual liability. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. Other Insurance Requirements. Within five (5) days of the Effective Date, Consultant shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance.

Such Certificates shall be kept current for the Term of the Agreement and Consultant shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, or hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Consultant’s insurance and shall not contribute to it; (d) contain standard separation of insured provisions; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.

15. Indemnification. Consultant hereby agrees to indemnify and hold harmless City, its agents, officers, employees and volunteers, against all liability, obligations, claims, loss, and expense (a) caused or created by Consultant, its subcontractors, or the agents or employees of either, whether negligent or not, pertaining to or related to acts or omissions of Consultant in connection with the Services, or (b) arising out of injuries suffered or allegedly suffered by employees of Consultant or its subcontractors (i) in the course of their employment, (ii) in the performance of work hereunder, or (iii) upon premises owned or controlled by City. Consultant’s obligation to defend, indemnify and hold City and its agents, officers, employees and volunteers harmless is not terminated by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

16. Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

17. Litigation. In the event that either Party brings an action under this Agreement for the breach or enforcement hereof, or must incur any collection expenses for any amounts due

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

hereunder the prevailing Party in such action shall be entitled to its costs including reasonable attorney’s fees, whether or not such action is prosecuted to judgment.

18. Notices. Any notice or communication required hereunder between City or Consultant must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:

If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Manager
And to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.

If to Consultant: Kjeldsen, Sinnock & Neudeck, Inc.
711 North Pershing Ave.

Stockton, CA 95203
Attention: Neal Colwell

19. General Provisions.

A. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

B. Waiver. The waiver by any Party of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

C. Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties.

D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.

F. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.

H. Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.

I. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.

J. Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.

K. Headings Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

L. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.

CITY:

CITY OF RIVERBANK, a California
municipal corporation
By:

Marisela Garcia, Interim City Manager
Date:

CONSULTANT:

Kjeldsen, Sinnock & Neudeck, Inc., a
California corporation
By:

Name:

Date:

Approved as to Form:

Tom Hallinan, City Attorney

EXHIBIT A
Services
P a g e 1 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
Scope of Services
City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program Management
December 15, 2021
Project Background and Understanding
The City of Riverbank is completing the study phase of the Riverbank Regional Recycled Water Program with the City-selected first-phase project to consist of the following elements:

1. Headworks upgrades

2. Conversion of secondary treatment process to provide for nitrogen removal

3. Production of tertiary disinfected recycled water

4. Storage and conveyance to deliver an estimated maximum of approximately 1,800 acre-feet per year of recycled water to up to 600 acres for crop irrigation The Phase I Riverbank Regional Recycled Water Project is proposed to construct facilities improvements to produce recycled water for agricultural irrigation in the southeast portion of San Joaquin County, in the vicinity of the City of Riverbank and to provide for treatment upgrades to serve current connections and identified development expected to occur within the next approximately 30 years.

A general information package application has been submitted to the State Water Resources Controls Board (SWRCB) for funding under the Clean Water State Revolving Fund (CWSRF). A goal of the City is to have a complete application package under the CWSRF program by the end of 2023, to include:
 Technical package with updates to the project scope and cost estimate coordinated with the City’s financial ability to fund the project, including all applicable technical package attachments (T1 through T13).
 Environmental package with consideration of CEQA, federal environmental coordination, and environmental package attachments E1 – CEQA Documents and E2- Federal Cross-cutter Documents.
 Financial security package to include details regarding the level of financial support requested, City financial information and commitment (including sewer rate study) to pay for debt service at the scale of project the City can accommodate and associated attachments F1 through F12 as applicable.

The City is still also considering additional financial assistance from sources such as the United States Environmental Protection Agency WIFIA program and the United States Bureau of Reclamation Title XVI program.

Scope of Services
To support this effort and objective of having a complete application by December 31, 2022, this scope of services proposes to provide Program Management, management of environmental and financial consultants, and to provide preliminary design engineering services to refine the project scope and budget P a g e 2 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
concurrent with environmental and financial report preparation. The specific scope of services proposed is as follows.

TASK 1 – PROGRAM MANAGEMENT AND PROJECT COORDINATION
This task is proposed to provide the City with overall program management during 2022 to include coordination with the City, selected consultants, communication with funding agencies, and preparation of progress reports and updated as detailed in the below sub-tasks.

Task 1.01 – Project Coordination and Meetings
KSN will provide project coordination and coordinate and attend meetings as necessary to manage progress towards the goal of having complete information for project financial assistance by the end of December 2022. This task includes:
 Preparing for and conducting monthly meetings with the Project team, including City representatives and the consultant team. KSN will schedule meetings, set the agenda, manage the meetings and deliver to the team meeting notes and action items. Our budget is based on a total of twelve (12) progress meetings.
 Coordination with the environmental and rate and financial consultants on project progress through e-mail, phone, and other correspondence to manage progress under the set timeline. Effort is assumed to be approximately four hours per month.

Task 1.02 – Environmental Consultant Coordination
As manager of the Regional Recycled Water Program, KSN will coordinate with the selected environmental consultant on a regular basis as a means to manage the consultants progress and performance within the required program scope and schedule. Effort under this sub-task is expected to be in addition to overall project coordination and management and is proposed to include:
 Monthly check-in with the environmental consultant on project progress, schedule and budget.  Coordination of information needs, delivery of background information, and preparation of documents under consultants agreement and scope.
 Review of draft documents on behalf of the City.

Task 1.03 – Rate and Financial Consultant Coordination
As manager of the Regional Recycled Water Program, KSN will coordinate with the selected rate and financial consultant on a regular basis as a means to manage the consultants progress and performance within the required program scope and schedule. Effort under this sub-task is expected to be in addition to overall project coordination and management and is proposed to include:
 Monthly check-in with the rate and financial consultant on project progress, schedule and budget.  Coordination of information needs, delivery of background information, and preparation of documents under consultants’ agreement and scope.
 Review of draft documents on behalf of the City.

P a g e 3 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
Task 1.04 – City Council Presentations and Meetings
During the 2022 development of numerous project details, including detailing project scope and budgets, evaluating environmental constraints and requirements, and alternatives for project funding and financing, we anticipate providing the City Council with project updates. Under this sub-task, KSN will prepare for, attend, and present program updates to the City council. These updates are expected to be separate from specific action items, for example rate study hearing or hearing to consider environmental documents. This task includes:
 Preparing a summary staff report to be included with the Council agenda packet.  A summary PowerPoint presentation highlighting status of key activities and progress.  Attendance at up to three City Council meetings to present information developed under this task.

Task Deliverables: Staff Reports and PowerPoint presentations (prepared in electronic format) Task 1.05 – Prepare WIFIA and USBR Title XVI Documents
The general information package has been submitted applying for financial assistance under the CWSRF and additional efforts under this scope as well as input from the environmental and rate and financial consultants and additional City background information will be submitted to complete that application. In addition to CWSRF financial assistance, the City may be eligible and be able to obtain additional financial support through the United States Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) program and the United States Bureau of Reclamation Title XVI program for water recycling.

This task includes preparing the following supplemental documents to support application for financial assistance under WIFIA and/or Title XVI:

WIFIA
 Preparation of the WIFIA Letter of Interest Form (with relevant information provided by the City)  Review of the 2022 WIFIA Letter of Interest Checklist and coordination of documents with environmental and rate and financial consultants.
 WIFIA Letter of Interest attachments as prepared under other tasks.

Title XVI
 Preparation of current Recycled Water Production and Use studies into a single report to follow the USBR Title XVI Feasibility Study Report guidelines.
 Submittal of Feasibility Study Report to USBR for review and determination of eligibility of project for funding.

This task does not include providing supplemental WIFIA or Title XVI application documents beyond either WIFIA or Title XVI eligibility determinations as a result of submittal of the above documents.

Task Deliverables: WIFIA Letter of Interest Form, Updated Feasibility Study Report (prepared in electronic format)
P a g e 4 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
TASK 2 – PRELIMINARY DESIGN
As a means to further review the recommended project details, allow for additional project phasing or scaling to meet financial or environmental constraints, and to define the scope of detailed design for design consultant selection, the below preliminary design engineering is proposed by KSN.

Task 2.01 – Project Scope Refinement Workshop
After initial coordination and review of the proposed project, based on the current Recycled Water Production and Use studies, with the selected environmental and rate and financial consultant teams, KSN will conduct a project scope refinement workshop with the City and consultant team. The objective of the workshop is to reaffirm overall Phase I program objectives, target budget or environmental constraints, and a process to refine the Phase I project scope to meet those objectives and constraints. This task will include preparing for and conducing the workshop to include:
 Developing a summary of the recommended project and its elements base on current planning information. A dynamic spreadsheet-based cost model will be used to facilitate workshop discussions.
 Summarizing known or expected environmental or financial constraints.  Conducting a workshop at the City offices with the consultant team and City representatives to develop the project scope and objective within the identified environmental and financial constraints.
 Prepare a summary memorandum defining the updated project scope recommended for implementation.

Examples of project scope refinement to be developed under this effort could include:
- Project focus on secondary treatment improvements only. - Selection one recycled water use location over another. - Deferring certain improvements to later stages such as influent channel and screen improvements/replacement.
- Scaling or refining the approach and cost associated with modifying existing ponds for seasonal storage.

Task Deliverable: Project Scope Refinement Workshop Results Memorandum (prepared in electronic format)
Task 2.02 – Prepare Preliminary Design Report
Following the Project Scope Refinement Workshop, KSN will prepare a Preliminary Design Report for the proposed project scope. The Preliminary Design Report will be prepared to include the following components and documents.

Task 2.02.01 – Supplemental Influent Sampling
Supplemental influent sampling of the City’s wastewater is recommended to provide a more robust basis of design of the wastewater treatment improvements. This supplemental sampling is needed to better characterize influent wastewater nitrogen, oxygen demanding constituents, solids, and other parameters for process modeling and design. Existing City-operated composite sampling equipment will be used to gather supplemental samples as outlined below. In coordination with City operations staff, the following supplemental influent sampling program will be implemented:

P a g e 5 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
Winter 2022 Influent Sampling
Mid-winter 2022 (February and March) KSN will coordinate with the City on collection of supplemental influent monitoring data over a 14 day continuous or 28 day alternating sampling program to include the following:
- Influent flow (continuous daily total for each day during the monitoring period) - Influent temperature (grab at the time of collection of samples from the composite sampler) - Influent pH (grab at the time of collection of samples from the composite sampler) - Composite samples for analysis of:
o Chemical oxygen demand (COD), SM 5220B, C, or D
o Biochemical oxygen demand (BOD), SM 5210 B
o Total suspended solids (TSS), SM 2540 D
o Volatile suspended solids (VSS), SM 2540 E
o Total Kjeldahl nitrogen (TKN), SM 4500-N org. B or C
o Total phosphorous, SM 4500-P B/C
o Alkalinity, SM 2320 B
o Soluble COD, filtered through 1.2 – 1.5 um glass fiber filter o Soluble BOD, filtered through 1.2 – 1.5 um glass fiber filter o Soluble TKN, filtered through 1.2 – 1.5 um glass fiber filter o Filtered ammonia, filtered through 0.45 um Millipore filter o Filtered and flocculated COD, per “A Rapid Physical-Chemical Method for the Determination of Readily Biodegradable Soluble COD in Municipal Wastewater", Water Research, 27(1), pp. 195 - 197, 1993.

Late Spring 2022 Influent Sampling
In late spring, after flows have reduced and equalized following winter rains, a second round us supplemental influent monitoring (likely conducted during mid-May to early June) will be conducted using the same process as utilized for the Winter 2022 Influent Sampling defined above.

KSN’s budget for the above supplemental sampling includes collecting samples (using the City’s equipment), sample treatment (filtration and/or flocculation), and cost for laboratory analysis of up to 28 samples. The results of the above sampling will be summarized in a memorandum for use in process modeling, development of the Preliminary Design Report, and for use by the selected design consultant in validating preliminary design process modeling.

Task Deliverable: Supplemental Influent Sampling Results Memorandum (prepared in electronic format)
Task 2.02.02 – Facilities Preliminary Process Design
KSN will conduct preliminary-design level process design calculations, preliminary equipment selection or criteria development, process modeling, and process configuration assessments. This sub-task will include preparing the following information at a preliminary design level:
 Update to flows and loads based on supplemental influent sampling results.  Process modeling for secondary treatment process for oxygen demand reduction, nitrification/denitrification, solids, air requirements, and mixing and recycle requirements.  Process modeling, as applicable, for other process including, secondary clarification, RAS/WAS, filtration, disinfection, and solids treatment.

P a g e 6 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
 Hydraulic profile and hydraulic calculations through the process from the influent channel through to the recycled water delivery pumping system to determine facilities elevations, pipe sizes, and pumping requirements. The hydraulic profile will be based on topographic and facilities survey provided by the City.
 Mass balance calculations.
 Preliminary Design Criteria for all major processes, updating criteria developed during the study phase based on updated monitoring results and process calculations.  A process flow diagram showing all major process components.  An evaluation of pumping systems defining pump types, capacity, head conditions, and required number.
 Preliminary-design level process selection and configurations (as applicable to the revised project scope) to include up to:
a. Headworks equipment sizing
b. Secondary process (oxidation ditch and clarifiers)
c. Return and waste activated sludge pumping systems (RAS/WAS) d. Tertiary filtration
e. Chemical facilities
f. Disinfection (based on UV)
g. Solids handling and treatment
h. Seasonal storage (converting exiting ponds to seasonal storage, excluding lining) i. Recycled water operational storage
j. Recycled water delivery pumping facilities
k. Recycled water delivery pipeline and points of connections requirements l. Plant water system sizing
m. Control, lab, office building program (if included)
n. Earthwork and site improvements including drainage
o. Construction sequencing plan
Secondary treatment process modeling, including nutrient removal, will be conducted for the proposed oxidation ditch treatment process using GPS-X software or other recognized industry standard modeling software.

Task 2.02.03 – Prepare Preliminary Design Drawings (15% Level) Following completion of the preliminary process design effort described above, a series of preliminary drawings will be prepared depicting the proposed improvements. Preliminary design drawings will be prepared to approximately the 15% level of detail to assist in defining the project requirements and cost.

Depending on the confirmed scope of the project, the preliminary design drawings are expected to include the following:

1. Preliminary Design Title Sheet

2. Preliminary Design Criteria

3. Process Flow Diagram

4. Hydraulic Profile

5. Overall Site Plan

6. Overall Piping Plan

7. Influent Channel and Screening Plan and Section

8. Oxidation Ditch Plan and Sections
P a g e 7 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management

9. Secondary Clarifiers Plan and Sections

10. RAS/WAS Pumping Plan and Section

11. Tertiary Filter Plan and Sections

12. Filter Feed and Backwash Pumping Plan and Sections

13. UV Disinfection Plan and Sections

14. Solids Treatment Facilities Plan and Sections

15. Filter Effluent Pumping Station Plan and Sections

16. Seasonal Storage Plan and Details

17. Seasonal Storage Return Pump Station Plan and Sections

18. Recycled Water Operational Storage Plan and Sections

19. Recycled Water Delivery Pumping Facilities Plan and Sections

20. Recycled Water Delivery Preliminary Pipeline Plans

21. Recycled Water Delivery Connection Typical Plan and Section

22. Preliminary Power Distribution Diagrams

23. Preliminary Process and Instrumentation Diagrams
Preliminary design drawings will be prepared based on a 22x34 inch sheet size, but produced on half-size 11x17 sheets in electronic format for inclusion into the Preliminary Design Report Task 2.02.04 – Prepare Preliminary Design Opinion of Probable Cost The cost models initially developed for the proposed project during the study phase will be updated as the process design and preliminary design drawings are developed. This updated opinion of probable cost will include updates based on current market factors of expected construction cost and will include updated soft costs to complete design, environmental, legal, and construction management and inspection. Costs will be projected to an estimated mid-point of construction to plan for expected cost escalation over time. KSN will also evaluate current market trends and make recommendations regarding cost contingencies to be included in this planning effort to account for market volatility and potential increasing inflation. Detailed cost models will be developed in Microsoft Excel and included as an appendix to the Preliminary Design Report.

Task 2.02.05 – Prepare Preliminary Design Report
A compiled Preliminary Design Report will be prepared combining and documenting the results of this preliminary design effort. The Preliminary Design Report will be prepared in draft form for City review and then finalized for use in defining project scope and requirements. The Preliminary Design Report will be prepared to include:
 Project scope summary and objectives, with reference to results of scope refinement workshop.  Design flows and loads.
 Process selection and preliminary design (documentation of results of sub-task 2.2.2) to include:
• Process flow diagram.
• Hydraulics and hydraulic profile and pumping system requirements and criteria. • Mass balance.
• Preliminary treatment (influent screening).
• Secondary process (oxidation ditch, clarifiers, RAS/WAS pumping).

P a g e 8 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
• Tertiary filtration process.
• Chemical storage and delivery process.
• Disinfection (UV).
• Solids handling and treatment.
• Seasonal storage.
• Recycled water operational storage.
• Recycled water delivery pumping facilities.
• Recycled water delivery pipelines and points of connection. • Plant water requirements.
• Earthwork and site improvements.
• Support facilities requirements.
• Process monitoring recommendations and requirements.
• Power requirements and instrumentation and system control.  Title 22 Engineering Report requirements (with report to be completed separate from Preliminary Design Report).
 Summary of preliminary design opinion of probable cost.  Construction sequencing preliminary plan.
 Recommendations for geotechnical, structural, and other design-related details for design completion.
 Project schedule
 Appendices to include:
• Scope Refinement Memorandum
• Supplemental Influent Sampling Results Memorandum
• Process Design Calculations
• Preliminary Design (15%) Drawings
• Opinion of Probable Cost Detail Tables
Task Deliverable: Preliminary Design Report in Draft and Final (prepared in electronic format) Task 2.03 – Coordinate with Environmental and Rate and Financial Consultants During development of the preliminary design information, KSN will coordinate with the City-selected environmental and rate and financial consultants on project details relevant to their services. This task is related to developing and sharing technical information for preparation of the environmental and financial security packages of the CWSRF application and/or WIFI and USBR Title XVI documents. This task assumes a total of 48 engineering hours developing and sharing project information such as:

P a g e 9 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
- Project duration and likely equipment and staffing levels. - Key construction activity volume takeoffs or quantities. - Project footprints and likely disturbed areas.
- Identification of agencies having jurisdiction or permitting authority, e.g., railroad encroachment permitting.
- Review and refinement of Environmental Consultant-prepared project description. - Updates to project costs.
- Development of expected design and construction expenditures.

Task 2.04 – Preliminary Design Review Meetings
In addition to the regular project coordination meetings or special coordination meetings as described in other tasks, two preliminary design review meetings are proposed. The first meeting will be to present preliminary process design analysis results with a focus on system hydraulics, system sizing and configuration, and process selection and criteria. Input from this meeting will be used to develop the project design information.

After submittal of the draft Preliminary Design Report a review workshop is proposed. KSN will coordinate and prepare for this workshop with City staff to review the draft Preliminary Design Report and attachments. Input from the Preliminary Design Report review workshop will be documented in meeting action items and notes, with comments to the draft report incorporated as appropriate.

Task Deliverable: Preliminary Design Report Workshop Review Meeting Notes and Comment Matrix (prepared in electronic format)
Task 2.05 – Prepare Updated Financial Assistance Technical Package After preparation of the final Preliminary Design Report and completion of certain environmental and financial information, KSN will prepare updated technical information for the CWSRF application to complete relevant elements of the Technical Package requirements. Specific Technical Package elements expected to be completed or updated include:
- Technical Package Form.
- T1 – Updated Project Report (based on Preliminary Design Report). - T2 a through d forms.
- T3 – Climate Change Worksheet.
- T4 – Regional Water Quality Control Board Requirements, Waste Discharge Requirements (with reference to Basin Plan amendment requirements related to nitrate) and enforcement orders (if any).
- T6 – Certification for Water Conservation and Water Management. - T12 – Recycled Water Market Assurances.
- T13 – User Connection Schedule.

The Technical Package documents will be prepared and submitted to the SWRCB for review. KSN will respond to questions and comments and provide supplemental information to the SWRCB.

Task Deliverable: Technical Application Package Forms and Documents (prepared in electronic format)
P a g e 10 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management
TASK 3 – DESIGN CONSULTANT SELECTION
Before the project proceeds past the preliminary design stage, it is recommended that the City select and engage the design engineering team to take the project through design and construction-period design services. KSN will provide Program Management support services to facilitate the City selecting and engaging a design engineering team per the below sub-tasks.

Task 3.01 – Prepare Design Consultant RFP
Using the project requirements and details developed in the Preliminary Design Report, KSN will prepare a Request for Proposals (RFP) for the City’s use in soliciting proposals for design engineering services through construction and commissioning. The RFP will be prepared to include:
 City and project background information.
 RFP process and procedures.
 Minimum design engineering team scope of services.
 Proposal review and ranking process.
 RFP reference documents such as City Consultant Agreement Template, Preliminary Design Report, Environmental Documents, etc.

The RFP will be prepared in draft form for City review and finalized for posting on the City’s website for professional services solicitations.

Task Deliverable: Draft and Final RFP for Design Engineering Services (prepared in electronic format)
Task 3.02 – RFP Process Management and Coordination
KSN will support the City with management of the RFP process to include:

1. Preparing for and attending a pre-proposal meeting at the project site.

2. Reviewing and responding to respondent questions and inquiries, including issuing up to two RFP addendum or Q/A response summaries.

3. Coordinating City selection committee review of submitted proposals (to be conducted as a virtual workshop meeting).

4. Coordinating consultant short-list interview process and schedule.

5. Attending consultant interviews (assumed to be no more than four firms and assumed to be inperson in Riverbank).

6. Coordinating City selection committee review of interview results. (to be conducted immediately following the last interview).

Task 3.03 – Design Consultant Contracting Support
Following the City selection committee’s selection of the design engineering team based on submitted proposal and interview rankings, KSN will support the City with contract negotiations to include:

1. Communication with selected design consultant.

2. Review and input to selected consultant’s scope.

P a g e 11 City of Riverbank
Regional Recycled Water Program
Preliminary Design Phase Program
Management

3. Review of selected consultant’s fee proposal, with support in negotiating a fair and reasonable fee for the scope of services to be provided.

4. Coordinate with the selected design consultant in contract document preparation.

5. Prepare draft City Council staff report regarding design consultant selection and consultant agreement approval.

Our effort for this task assumes that contract negotiations will be successful with the highest ranked design consultant team.

Additional Scope Understandings and Assumptions
Our proposed scope of services and budget are based on the following additional limitations, assumptions, and understandings:

1. Services beyond those described above are excluded.

2. Site boundary and topographic survey information for design will be provided by the City’s engineer under separate scope authorization.

3. Geotechnical site investigations and a geotechnical reports will be part of the design consultant’s scope of services and are excluded from this preliminary design scope.

4. Phase I site investigations are excluded from this preliminary design scope.

5. Structural engineering and architectural services, where needed, will be provided as part of the detailed design effort, not the preliminary design provided under this scope.

6. Environmental and rate and financial consultant services are excluded as these services will be provided by others directly to the City.

7. The preparation of parcel splits, acquisitions, chain of title research, expert testimony or other title related services are excluded from this scope of services.

8. Preliminary recycled water distribution pipeline alignments and preliminary plans will be based on available County GIS data and existing aerial imagery.

9. All permit or application fees, if any, will be paid directly by the City.

10. Preparation of Regional Water Quality Control Board permit applications, Report of Waste Discharge, or preparation of Title 22 Engineering report excluded from this preliminary design scope.

Date Prepared: 2/14/2022 Page 1 of 1
Principal Engineer
Associate Engineer
Senior Engineer
Engineer I
Junior Engineer
Tech/GIS/ CAD II
Tech/GIS/ CAD I
Admin III
Direct Expense
Mileage
Expense
Sub Consultant
$265 $240 $210 $180 $147 $130 $100 $110 110% 0.58 110%

1.0 Program Management and Project Coordination 118 24 144 16 32 334 $ 67,830 $ - $ 522 $ - $ 522 $ 68,352 1.01 Project Coordination and Meetings (12 months) 48 48 24 120 $24,000 $418 $418 $24,4181.02 Environmental Consultant Coordination (12 months) 24 24 48 $10,680 $10,6801.03 Rate and Financial Consultant Coordination (12 months) 24 24 48 $10,680 $10,6801.04 City Council Presentations and Meetings (3 Progress Updates) 6 12 18 $3,750 $104 $104 $3,8541.05 Prepare WIFIA and USBR Title XVI Documents 16 24 36 16 8 100 $18,720 $18,7202.0 Preliminary Design 228 24 88 392 445 144 110 12 2712 $ 251,675 $ 1,348 $ 104 $ 122,060 $ 123,512 $ 314,350 2.01 Project Scope Refinement Workshop 6 8 8 22 $3,830 $35 $35 $3,8652.02 Prepare Preliminary Design Report 166 24 88 328 421 136 102 4 1269 $217,477 $633 $60,205 $60,838 $278,315

2.02.1 Supplemental Influent Sampling 4 4 8 16 $2,956 $275 $19,285 $19,560 $22,516

2.02.2 Facilities Preliminary Process Design 104 56 228 286 674 $122,402 $15,620 $15,620 $138,0222.02.3 Prepare Preliminary Design Drawings (15% Level) 34 56 87 104 78 359 $53,199 $275 $16,500 $16,775 $69,9742.02.4 Prepare Preliminary Design Opinion of Probable Cost 16 8 16 16 24 16 96 $18,008 $3,300 $3,300 $21,3082.02.5 Prepare Preliminary Design Report 8 16 16 24 16 16 24 4 124 $20,912 $83 $5,500 $5,583 $26,495

2.03 Coordination with Environmental and Rate and Financial Consultants 24 24 48 $10,680 $10,6802.04 Preliminary Design Review Meetings (two) 16 16 8 40 $8,160 $83 $70 $1,650 $1,802 $9,9622.05 Prepare Updated Financial Assistance Technical Package 16 16 24 8 64 $11,528 $11,5283.0 Design Consultant Selection 48 32 8 20 108 $ 21,856 $ - $ 104 $ - $ 104 $ 21,960 3.01 Prepare Design Consultant RFP 8 16 8 4 36 $6,616 $6,6163.02 RFP Process Management and Coordination 24 8 8 40 $8,680 $104 $104 $8,7843.03 Design Consultant Contracting Support 16 8 8 32 $6,560 $6,560 394 24 112 568 453 160 110 64 3154 $ 341,361 $ 1,348 $ 731 $ 122,060 $ 124,139 $ 404,662 General Note: This costs allocation represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. Charges to this project will be made for actual time spent on the project and will be charged as per the attached Fee Schedule.

PROJECT TOTALS

TASKS AND DESCRIPTIONS
KJELDSEN, SINNOCK & NEUDECK, INC. STAFF HOURS
Total
Labor
Hours
Total Labor
Budget
Rates

OTHER DIRECT COSTS
Other Direct
Costs Budget
Total Budget
(Rounded)
City of Riverbank
Recycled Water Program Preliminary Design Phase Program Management TASK HOURS BREAKDOWN & FEE ESTIMATE - December 20, 2021

EXHIBIT B
Rate Schedule

2021 / 2022 FEE SCHEDULE

PREVAILING WAGE PROJECTS
Effective July 1, 2021
Position Rate
Principal Engineer $ 265.00
Associate Engineer $ 240.00
Senior Engineer $ 210.00
Engineer II $ 190.00
Engineer I $ 180.00
Junior Engineer $ 147.00
Senior Surveyor $ 215.00
Surveyor $ 185.00
Assistant Surveyor $ 155.00
Field Crew-One Man & Vehicle $ 210.00
Field Crew-Two Man & Vehicle $ 320.00
Inspector $ 165.00
Inspector & Vehicle $ 195.00
Senior Project Manager $ 235.00
Project Manager $ 200.00
Assistant Project Manager $ 180.00
Grant Manager $ 155.00
GIS Specialist $ 150.00
GIS/CAD Technician III $ 147.00
GIS/CAD Technician II $ 130.00
GIS/CAD Technician I $ 100.00
Project Accountant $ 141.00
Administrative III $ 110.00
Administrative II $ 95.00
Administrative I $ 80.00

Equipment Hourly Rate
3D Print Cloud Work Station $ 25.00
GPS Receivers-Per Receiver Per Hour $ 25.00
Robotic Total Station $ 35.00
HDS Scanner $ 150.00
Boat $ 55.00
Expenses
Auto Mileage per current Federal Rates
Special Consultants Cost Plus 10%
Reimbursable Expenses Cost Plus 10%
(Printing, Photos, Copies, Travel, Telephone, Fax, Survey Materials, etc.)
Additional charges may apply for overtime services.

Fees are due and payable within 30 days from the date of billing. Fees past due may be subject to a finance charge computed on the basis of 1 1/2% of the unpaid balance per month.

Hourly rates are subject to review and adjustment July 1st of each year.

Item 11.3 – CC/LRA 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: February 22, 2022
Subject: Resolution Opposing Initiative 21-0042A1 the Taxpayer Protection and Government Accountability Act
From: Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a resolution in opposition of Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.

SUMMARY
The Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

BACKGROUND
On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the 2018 “Tax Fairness, Transparency and Accountability Act”, because it would limit vital local and state services to the benefit of wealthy corporations.

An association representing California’s wealthiest corporations — including oil, insurance, banks and pharmaceutical companies — has initiated a proposition aimed for the November 2022 statewide ballot. Their measure would create new loopholes that would allow corporations to avoid paying their fair share of the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. This proposition would make it difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

The following details of the initiative highlight the impacts on local government:
1) Limits voter authority and accountability
• Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.
• Invalidates the Upland decision that allows a majority of local voters to pass

Item 11.3 – CC/LRA 02/22/2022
special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
2) Restricts local fee authority to provide services
• Sets new standards for fees and charges paid for the use of local and state government property (i.e. franchise fees). The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.” • Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
3) Restricts authority of state and local governments to issue fines and penalties for violations of law
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. 4) Restricts local tax authority to provide services
• Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service). • City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
5) Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan goal to “Ensure Financial Stability”. The City’s ability to have local control over the adoption of new fees, within the confines of existing law, directly translates to its ability to provide services to residents.

FINANCIAL IMPACT
There is no financial impact associated with the adoption of this Resolution.

Item 11.3 – CC/LRA 02/22/2022

ATTACHMENT

1. Resolution

CC/LRA – 02/22/22
CC Resolution No. 2022-

CITY OF RIVERBANK
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, OPPOSING INITIATIVE 21-0042A1 THE TAXPAYER PROTECTION

AND GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, , the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank opposes Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.

THEREFORE, BE IT FURTHER RESOLVED that the City of Riverbank will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

CC/LRA – 02/22/22
CC Resolution No. 2022-
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of February, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Kathy Teixeira Richard D. O’Brien
Interim City Clerk Mayor