Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, March 22, 2022

Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 7 AGENDA
TUESDAY, MARCH 22, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER

2. FLAG SALUTE

3. INVOCATION

4. ROLL CALL

5. AGENDA CHANGES

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

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

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

8. PRESENTATIONS (Informational only)
Item 8.1 Government Code Claim Submitted by Schneider Electric Buildings, Inc. – Verbal Presentation by Deputy City Attorney Doug White

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

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

City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D3) Cal Campbell
Council/Authority Members:

District 1 Luis Uribe
District 2 Rachel Hernandez
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES ACT).

WHILE THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM.

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

City Council and LRA Board Meetings Agenda March 22, 2022 Next City Council Resolution: 2022-024 Next Ordinance: 2022-001 Next Local Redevelopment Authority Board Resolution 2022-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 2 of 7 Item 9.2 Approval of the March 8, 2022 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 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.

Item 9.4 A Resolution Providing the Interim City Manager, or their designee, Signature Authority for the Submittal of an Application for Funding to the State Water Board Water and Wastewater Arrearage COVID Relief Program.

Item 9.5 A Resolution Authorizing the Interim City Manager to Submit an Emergency Solutions Grant (ESG) and a California Emergency Solutions Grant (CAESG) Applications for Funding for Homeless Outreach and Shelter Services and, if Awarded, Execute an Agreement and Any Amendments thereto with Stanislaus County.

10. PUBLIC HEARINGS The Public Hearing Notices were published in the Riverbank News on March 9, 2022 and in, the case of Item 10.1 the public hearing notice was posted on the City website.

Item 10.1 4th Public Hearing – Redistricting Process for Riverbank’s Four (4) Councilmember District Boundaries - It is recommended that the City Council 1) conduct a public hearing to receive public input on the City Council district boundaries in response to data received in the 2020 census; and 2) adopt a resolution of the City Council of the City of Riverbank, California, adjusting City Council district boundaries in accordance with California Elections Code section 21600 et seq. and Riverbank Municipal Code section 30.03, subdivision (B)(3).

Item 10.2 First Reading by Title Only and Introduction of a Proposed Ordinance Adding New Chapter 54: Mandatory Organic Waste Disposal Reduction Ordinance to Title V: Public Works of the Riverbank Municipal Code of Ordinances – It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance to consider its approval; if approved, the second reading of the ordinance by title only will be scheduled for the next regular City Council meeting on April 12, 2022, for consideration of its adoption.

11. NEW BUSINESS
Item 11.1 Presentation and Introduction to Harm Reduction – It is recommended that the City Council receive the presentation by Donna Kenney, Planning City Council and LRA Board Meetings Agenda March 22, 2022 Next City Council Resolution: 2022-024 Next Ordinance: 2022-001 Next Local Redevelopment Authority Board Resolution 2022-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 7 & Building Manager with Diego Capistrano, Community Health Worker III, Stanislaus County Health Services Agency and provide direction to staff.

Item 11.2 A Resolution Adopting the 2021 General Plan and Housing Element Annual Progress Reports (APRs) - It is recommended that the City Council adopt a resolution approving the 2021 General Plan and Housing Element Annual Progress Reports (APRs) and authorize staff to submit said Reports to the California Office of Planning and Research and California Department of Housing and Community Development.

Item 11.3 A Resolution to (1) Rescind Resolution 2021-104; (2) Declare APN 132- 012-024 Located at the Northeast Corner of 3rd Street & Stanislaus Street as Exempt Surplus Land under the Surplus Land Act; and, (3) Approve the Sale of Said Property to the Stanislaus Regional Housing Authority Pursuant to a Purchase and Sale Agreement - It is recommended that the City Council adopt a resolution to (1) Rescind Resolution 2021-104; (2) Declare APN 132-012-024 Located at the Northeast Corner of 3rd Street & Stanislaus Street as Exempt Surplus Land under the Surplus Land Act; and, (3) Approve the Sale of Said Property to the Stanislaus Regional Housing Authority Pursuant to a Purchase and Sale Agreement.

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

Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair

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

Item 13.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.

Item 13.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee Organizations: Riverbank Miscellaneous Employees
City Council and LRA Board Meetings Agenda March 22, 2022 Next City Council Resolution: 2022-024 Next Ordinance: 2022-001 Next Local Redevelopment Authority Board Resolution 2022-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 4 of 7 Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: Jackson Avenue, Riverbank (APN 075-005-025 & APN 075- 005-013)
Agency Negotiator: Interim City Manager Marisela H. Garcia Property Negotiator: Jon R. & Suki H. Gonzalez
Under Negotiation: Price, terms of payment, or both.

Item 13.4 PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code § 54957 [b][1])
Position Title: City Manager

14. RECONVENE – REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session on Item 13.1
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.

Item 14.2 Report from Closed Session on Item 13.2

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee Organizations: Riverbank Miscellaneous Employees
Item 14.3 Report from Closed Session on Item 13.3

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: Jackson Avenue, Riverbank (APN 075-005-025 & APN 075- 005-013)
Agency Negotiator: Interim City Manager Marisela H. Garcia Property Negotiator: Jon R. & Suki H. Gonzalez
Under Negotiation: Price, terms of payment, or both.

Item 14.4 Report from Closed Session on Item 13.4

PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code § 54957 [b][1])
Position Title: City Manager

15. ADJOURNMENT
• The next regular City Council meeting will be on April 12, 2022 at 6 pm.

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

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

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

Posted this 17th day of March, 2022.
/s/Kathy L. Teixeira, Interim City Clerk
City Council and LRA Board Meetings Agenda March 22, 2022 Next City Council Resolution: 2022-024 Next Ordinance: 2022-001 Next Local Redevelopment Authority Board Resolution 2022-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 6 of 7

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

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

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

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

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION COMMENT

PROCEDURES FOR THE HYBRID CITY COUNCIL MEETING HELD IN
CONFORMANCE WITH THE BROWN ACT AS AMENDED BY SB 361
City Council and LRA Board Meetings Agenda March 22, 2022 Next City Council Resolution: 2022-024 Next Ordinance: 2022-001 Next Local Redevelopment Authority Board Resolution 2022-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 7 of 7

JOIN THE MEETING VIA ZOOM PLATFORM
• Join by this link: https://us02web.zoom.us/j/85399022241 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 853 9902 2241 • Join by telephone:1 669 900 9128 or 1 346 248 7799, plus Webinar ID Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date:

Subject:

From:

Submitted by:

March 22, 2022
Waiver of Readings
Marisela H. Garcia, Interim City Manager
Kathy L. Teixeira, Interim City Clerk

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.1 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: March 22, 2022
Subject: Approval of the March 8, 2022 City Council and Local Redevelopment Authority Board Minutes.

From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy L. Teixeira, Interim City Clerk

RECOMMENDATION
It is recommended that the City Council / Local Redevelopment Authority Board approve the City Council /LRA Meeting Minutes of March 8, 2022, as presented.

SUMMARY

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENT

1. The March 8, 2022, City Council and Local Redevelopment Authority Board Minutes.

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Item 9.2 – CC/LRA – 03/22/2022

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CC / LRA Minutes – 03/08/2022

MINUTES
TUESDAY, MARCH 8, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER - Mayor / Chair Richard D. O’Brien called the meeting to order at 6:00 p.m.

2. FLAG SALUTE - Mayor / Chair Richard O’Brien led the pledge of allegiance.

3. INVOCATION – Reverend Charles Neal provided the invocation.

4. ROLL CALL
Members of the City Council / Local Redevelopment Authority Board present in the Chamber:

Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Rachel Hernandez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien
Members of the City Council / Local Redevelopment Authority present via ZOOM:

Council Member / Authority Member District 4 Darlene Barber-Martinez

5. AGENDA CHANGES – There were no changes to the agenda.

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

No conflicts were declared.

City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367

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

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

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CC / LRA Minutes – 03/08/2022
Jeani Ferrari presented read into the record a letter to the City Council in opposition to the River Walk project which is incorporated herein as Exhibit A as part of the official record.

Dan Whetstone and Karen Carado both spoke in opposition of the River Walk project.

8. PRESENTATIONS (Informational only)
Item 8.1 Government Code Claim Submitted by Schneider Electric Buildings, Inc. – Verbal Presentation by Deputy City Attorney Doug White Mayor/Chair O’Brien advised due to illness of the presenter and there being no public comment, the City Council will continue the presentation to the City Council meeting of March 22, 2022.

Item 8.2 Cannabis DUI (Driving Under the Influence) Grant - Verbal Presentation by Deputy Eric Bavaro, Police Services
Chief Ridenour and Deputy Bavaro reported on the Cannabis DUI Checkpoint Grant, a county-wide grant received from the OTS (Office of Traffic Safety) for Fiscal Year 2021/2022.

Components of the grant include:
• DUI Checkpoints; review of a recent DUI checkpoint operation was provided. • DUI Saturation Patrol.
• Purchase of a radar trailer.
• Community outreach through social media and reports at City Council meetings.

Chief Ridenour and Deputy Bavaro responded to questions raised by the City Council.

Item 8.3 Introduction of Public Works Superintendent, Darin Smallen – Verbal Presentation by Michael Riddell, Public Works Director
Public Works Director Riddell introduced the new Public Works Superintendent, Darin Smallen.

Public Works Superintendent Smallen thanked the Mayor, City Council and Interim City Manager Garcia and Public Works Director Riddell for providing the opportunity for advancement and growth.

Interim City Manager stated she and staff are extremely proud of Public Works Superintendent Smallen and this opportunity provided noting he has been employed with the City for over 24 years.

The Mayor and City Council congratulated Public Works Superintendent Smallen. .

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CC / LRA Minutes – 03/08/2022
Item 9.1
Item 9.2
Item 9.3
Item 9.4
Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Approval of the February 22, 2022 City Council and Local Redevelopment Authority Board Minutes.

Acceptance of the Patterson Road at First Street Project and Authorization to File a Notice of Completion.

Resolution 2022-020 to Award Bid for the Castleberg Park Basketball Court Project to Frontline General Engineering Construction, Inc. and Authorize Execution of Future Change Orders.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5/0) to approve Consent Calendar Items 9.1 through 9.4, as presented.

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

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

10. PUBLIC HEARINGS
Item 10.1 3rd Public Hearing – Redistricting Process for Riverbank’s Four (4) Councilmember District Boundaries – It is recommended that the City Council conduct a public hearing regarding the redistricting process and provide direction to continue with the process of adopting the City’s current district boundaries map as the “Final Redistricting Map”. The Public Hearing Notice was published in the Riverbank News on 02/23/2022 and posted on the City’s website.

Mayor O’Brien introduced Aurora Dewhirst, tonight’s public hearing interpreter.

The time being 6:28 p.m., Mayor / Chair Richard O’Brien opened the public hearing requesting staff’s report.

City Attorney Hallinan, with interpretation provided by Ms. Dewhirst, presented the staff report, recommending the City Council conduct the 3rd Public Hearing regarding the redistricting process and provide direction to continue with the process of adopting the City’s current district boundaries map as the “Final Redistricting Map”.

The time being 6:30 p.m., Mayor / Chair Richard O’Brien asked for public comments.

Charles Neal had a question related to council district boundaries. In response to Mr.

Neal’s question the 2015 District Boundaries Map, proposed for readoption as the Final Districting Map was displayed and reviewed.

There being no further public comment, Mayor / Chair Richard O’Brien closed the public hearing at 6:32 p.m.
.

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CC / LRA Minutes – 03/08/2022
ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5/0) providing direction to continue with the process of adopting the City’s current district boundaries map as the “Final Redistricting Map”.

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

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

11. NEW BUSINESS
Item 11.1 A Resolution to Amend the Adopted Streets 5-Year Capital Improvement Plan (CIP) for Fiscal Years 2018-2023 – It is recommended that the City Council approve a Resolution to Amend the Adopted 5-Year Capital Improvement Plan (CIP) for Fiscal Years 2018-2023 for Street projects.

Development Services Administration Manager Cleek presented the staff report recommending the City Council adopt a resolution to amend the previously adopted 5- Year Capital Improvement Plan (CIP) for Fiscal Years 2018-2023, as recommended in staff’s report.

The City Council discussed with staff the possibility of placing a bike lane as part of the Oakdale Road improvements and coordinating the improvements with the developer.

Development Services Administration Manager Cleek confirmed staff could look into including a protected bike lane into the design.

Councilmember Barber-Martinez asked whether the City will be looking at reducing the speed limit on Oakdale Road, particularly at the point where it is 50 mph. Mayor O’Brien responded explaining adjusting Oakdale Road speed limits have to be done after the traffic has been monitored by the City, which is every 5 years, Oakdale Road was last analyzed in 2018 therefore the next Traffic Analysis and Speed Control monitoring would be scheduled in 2023. Development Services Administration Manager Cleek agreed with the Mayor while also advising that when the last analysis occurred there were no houses in the Crossroads West noting that once residents move into the area, the City Council could potentially choose to look at analyzing the area sooner than the 5 years.

ACTION: By motion moved and seconded (Campbell / Barber-Martinez / passed 5/0) to adopt City Council Resolution 2022-021 to approve a Resolution to Amend the Adopted 5-Year Capital Improvement Plan (CIP) for Fiscal Years 2018-2023 for Street projects.

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

AYES: Campbell, Barber-Martinez, Uribe, Hernandez and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 A Resolution Authorizing an Additional appropriation of $26,000 for the upgrade of the Sewer Collection SCADA System from the Sewer Operating Fund – It is recommended that the City Council consider

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CC / LRA Minutes – 03/08/2022
adopting a resolution which will allocate an additional $26,000 to upgrade the Sewer Collection SCADA System from the Sewer Operating Fund.

Public Works Director Riddell presented the staff report recommending that the City Council adopt the resolution allocating an additional $26,000 to upgrade the Sewer Collection SCADA System from the Sewer Operating Fund as recommended in staff’s report.

ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5/0) to adopt City Council Resolution 2022-022 to approve a Resolution Authorizing an Additional appropriation of $26,000 for the upgrade of the Sewer Collection SCADA System from the Sewer Operating Fund.

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor / Chair O’Brien
NAYS: None / ABSENT: / ABSTAINED: None
Item 11.3 A Resolution Authorizing an Additional appropriation of $83,000 for the purchase of Truck Mounted Sewer Jetter from the Sewer Operating Fund 106 – It is recommended that the City Council consider adopting a resolution which will allocate an additional $83,000 for the purchase of a Truck Mounted Sewer Jetter from the Sewer Operating Fund 106.

Public Works Director Riddell presented the staff report recommending that the City Council adopt the resolution allocating an additional $83,000 for the purchase of a Truck Mounted Sewer Jetter from the Sewer Operating Fund as recommended in staff’s report.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5/0) to adopt City Council Resolution 2022-023 to approve a Resolution to Amend the Adopted 5-Year Capital Improvement Plan (CIP) for Fiscal Years 2018- 2023 for Street projects.

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

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

Item 12.1 Staff
Interim City Manager Garcia thanked all of the residents, businesses and local community groups and sponsors who attended the Centennial Gala. The Gala was the kickoff to event to all future events planned to celebrate the City’s 100th Birthday. Many thanks to Gaby Hernandez and the Centennial Committee for their work on the Gala.

The next event will be the Founders Day Carnival scheduled for April 30th at the Riverbank Community Center Park from 12:00 to 5:00 p.m. which will be open to all City residents.

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CC / LRA Minutes – 03/08/2022
Item 12.2 Council/Authority Member
Councilmember Hernandez provided an update on LOVE Riverbank.

Councilmember Uribe reported on the following:
• He and Vice Mayor Campbell toured the LRA with Ameatis’ Vice President of Projects, Jarrett Hollis.
• Will be attending the League of California Cities Central Valley Division Dinner on Thursday, March 10.
• Riverbank Youth Baseball Softball Association will be holding their Opening Day Parade on March 19. The Parade begins at the Community Center at 8:00 a.m., and finishes at Castleberg Park.

Councilmember Barber- Martinez reminded everyone that today, March 8th is International Women’s Day, a global day celebrating social, cultural, economic, and political achievements of women; she concluded her comments with the following quote from the International Women’s Day website –
“Together we can forge women's equality.

Individually we are responsible for our own thoughts and actions all day every day.

We can break the bias in our communities.

We can break the bias in our workplaces.

We can break the bias in our schools, colleges, and universities.

Together we can break the bias on International Women’s Day and beyond.” Vice Mayor Campbell reported on the following:
• Advised he was also on the recent tour of the LRA with Councilmember Uribe echoing he was also impressed the progress they have made at the site. • Advised a lot of jobs will be created at the Riverbank Industrial Complex (RIC), formally the LRA.
• Advised the Historical Society needs volunteers to help run the Museum. He advised a good time to learn more would be to attend the membership and election of officers meeting at 6:00 p.m., on March 19th at the Riverbank Perko's Cafe.

Item 12.3 Mayor/Chair
Mayor/Chair O’Brien reminded everyone and encouraged attendance to hear where the City is going, where the City has come from and why the City will be doing what they are doing at the State of the City Address on March 17th at the Community Center. The State of the City Address begins at 6:30 p.m. however doors will open at 6:00 p.m.

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

Item 13.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.

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CC / LRA Minutes – 03/08/2022
Mayor O’Brien advised that the City Council would not be going into closed session and requested concurrence of the City Council to continue Closed Session Item 13.1 to March 22, 2022.

The City Council unanimously concurred with the continuance Closed Session Item

13.1CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code §54956.9) Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc. to March 22, 2022.

14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 6:55 p.m. to the next regular scheduled City Council / LRA Meeting March 22, 2022.

ATTEST: (Adopted 03/22/2022) APPROVED:

Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair
Exhibit A
CC/LRA - 03/08/2022

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Item 9.3 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date:

Subject:

March 22, 2022
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,

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Item 9.3 – CC/LRA – 03/22/2022
2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

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).

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Item 9.3 – CC/LRA – 03/22/2022
• 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. • 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

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Item 9.3 – CC/LRA – 03/22/2022
to reevaluate options for hybrid meetings during that time period for future Council consideration.

FINANCIAL IMPACT:

None at this time.

ATTACHMENTS:

1. Resolution 2022-

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

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CC/LRA 03/22/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 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

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CC/LRA – 03/22/2022
CC Resolution 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.

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CC/LRA – 03/22/2022
CC Resolution 2022-

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.

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 22nd day of March, 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
September 22, 2021
To Whom It May Concern:

I recommend that physical/social distancing measures be practiced throughout our Stanislaus County communities to minimize the spread of COVID-19, including implementation of the newly enacted AB 361 to maintain social distancing by legislative bodies of our local agencies. This recommendation is made due to the continued threat of COVID-19 to the community.

I will continue to evaluate this recommendation on an ongoing basis and will communicate when there is no longer such a recommendation.

Julie Vaishampayan, MD, MPH
Public Health Officer
Stanislaus County

HEALTH SERVICES AGENCY
Public Health Services
917 Oakdale Road, Modesto, CA 95353
Julie Vaishampayan, MD, MPH
Public Health Officer
Phone: 209.558.8804 Fax: 209.558.7286
www.hsahealth.org

STRIVING TO BE THE BEST COUNTY IN AMERICA

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Item 9.4 – CC/LRA – 03/22/2021

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: March 22, 2022
Subject:

From:

A Resolution Providing the Interim City Manager, or their designee, Signature Authority for the Submittal of an Application for Funding to the State Water Board Water and Wastewater Arrearage COVID Relief Program
Marisela H. Garcia, Interim City Manager
Submitted by: Tammy Alcantor, Assistant Finance Director

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution providing the Interim City Manager, or her designee, with signature authority to submit an application for funding to the State Water Board Wastewater Arrearage COVID Relief Program.

SUMMARY
The State Water Board has enacted a California Water and Wastewater Arrearage Program COVID Relief Funds under the Water and Waste Water System Payments of the American Rescue Plan Act of 2021. It is required that the Community Wastewater System (the City) designate signature authority to a City Official in order to submit an application for funding from this program.

BACKGROUND
As a community wastewater system, the City is eligible to receive funding through the California Water and Wastewater Arrearage Program being implemented by the State Water Resources Control Board (State Water Board). The State Water Board is providing federal funds through its Program as direct assistance to community water systems to forgive customer wastewater debt accrued during the COVID-19 Pandemic. The City applied and received funding for customer water debt of approximately $78,000.

In order to begin this process for the Wastewater Arrearage Program, the City must designate signature authority to a City official, in this case the Interim City Manager, in order to submit the requested forms for the program.

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Item 9.4 – CC/LRA – 03/22/2021

STRATEGIC PLAN
On August 10, 2021, the City Council established a Strategic Plan Goal to “Ensure the City’s Continued Financial Stability”. This report addresses this matter.

FINANCIAL IMPACT
There is no financial impact associated with the designation of signature authority to the Interim City Manager, or their designee. There is the potential that grant funding may be received by the City.

ATTACHMENT

1. Draft City Council Resolution 2022-

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CC/LRA – 03/22/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, PROVIDING THE INTERIM CITY MANAGER, OR THEIR DESIGNEE,

SIGNATURE AUTHORITY FOR THE SUBMITTAL OF AN APPLICATION FOR

FUNDING TO THE CALIFORNIA WATER AND WASTEWATER ARREARAGE

PAYMENT PROGRAM
WHEREAS, the State Water Board has enacted a California Water and Wastewater Arrearage Payment Program; and
WHEREAS, the State Water Board is providing federal funds through its program as direct assistance to community wastewater systems to forgive customer wastewater debt accrued during the COVID-19 Pandemic; and
WHEREAS, as a community wastewater system, the City of Riverbank is eligible to receive funding through this program; and
WHEREAS, the City Council hereby designates the Interim City Manager, or their designee, as signature authority on any documents or forms required as part of this program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby provides signature authority for any forms related to the California Water and Wastewater Arrearage Payment Program to the Interim City Manager or their designee.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of March, 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

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Item– CC/LRA 03-10-2020

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date:

Subject:

From:

March 22, 2022
A Resolution Authorizing the Interim City Manager to Submit an Emergency Solutions Grant (ESG) and a California
Emergency Solutions Grant (CA-ESG) Applications for Funding for Homeless Outreach and Shelter Services and, if
Awarded, Execute an Agreement and Any Amendments thereto with Stanislaus County
Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council consider authorizing the Interim City Manager to submit applications in response to the Notice of Funding Availability for the ESG and CA-ESG Allocations and, if awarded, execute an Agreement with Stanislaus County for funding of Homeless Outreach and Shelter Services.

SUMMARY:

Annually, Stanislaus County issues a Notice of Funding Availability for funds received from the Federal and State Government which are available to fund a variety of programs, including street outreach and homeless shelter activities. As the City has received prior funding for the initial start-up of these activities in Riverbank, we will apply for funding on an annual basis in order to have a continual source of funds for our operations.

BACKGROUND:

One of the highest strategic priorities of the City Council over the past number of years has been to create effective solutions and services for the homeless and semi homeless individuals of our community. The Riverbank homeless have very limited access to critical services and shelter which could help them exit homelessness permanently. As a consequence, chronically homelessness has increased in some areas of the community and have become more highly visible as law changes have affected where and how homeless individuals can camp within public spaces. For many years the City struggled to obtain funding in pursuit of this effort. Fortunately, in 2021 the City was successful in achieving two separate funding awards to make this effort a reality.

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Item– CC/LRA 03-10-2020
The City applied for and received a California Emergency Solutions Grant (CA ESG) in the amount of $497,992 for an outreach/engagement program and shelter operations.

The City has contracted with Cambridge Academies under a Memorandum of Understanding to provide street outreach/engagement and shelter operation services.

The program is designed to be a fully immersive program (known as RESTART) providing services for homeless individuals including job training, transitional and permanent housing placement, addiction referral, counseling and support. Each and every part of the program designed by Cambridge has been designed to give homeless individuals the tools to exit homelessness. A similar program has been in place within the City of Patterson for many years and has been highly successful in providing shelter while at the same time helping individuals find employment and permanent housing thereby exiting homelessness. The Riverbank City Council has long desired to have a similar type of project but with slight operational differences to more appropriately serve Riverbank’s homeless population.

To that end, the City purchased the property located at 3344 Sierra Street which is slated to become the City’s first overnight Emergency Shelter. Staff has been working diligently to begin the interior remodel of the home in order to be able to provide services by fall. In addition, the City will be seeking to purchase a modular for day use that will provide a place for our homeless residents to have access to showers, washers/dryers, and a hot meal.

Tonight’s action is a request that will authorize staff to submit a grant application. Due to the timing of the release of the Notice of Funding Availability and the due date for the submittal of the grant, staff proceeded with the submittal which was due on Monday, March 7th. Staff applied for two Emergency Services Grants, one for the federal funding available and the second for the California Funding Available. By the time this item is being considered, staff will have already made a presentation to the Grant Review Panel.

FINANCIAL IMPACT:

The ESG and CA-ESG funding both require matching funds. Should the grants be awarded, staff will present funding options to the City Council for consideration.

ATTACHMENTS:

1. Draft City Council Resolution 2022-

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CC/LRA – 03/22/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO SUBMIT AN

EMERGENCY SOLUTIONS GRANT (ESG) AND CALIFORNIA EMERGENCY

SOLUTIONS GRANT (CA-ESG) APPLICATIONS FOR FUNDING FOR HOMELESS

OUTREACH AND SHELTER SERVICES AND, IF AWARDED, EXECUTE AN

AGREEMENT AND ANY AMENDMENTS THERETO WITH STANISLAUS COUNTY WHEREAS, Stanislaus County Department of Planning and Community Development issued a Notice of Funding Availability for the Emergency Solutions Grant and California Emergency Solutions Grant; and
WHEREAS, It is the desire of the Riverbank City Council to apply for this funding in order to fund the operations of the Riverbank Homeless Shelter and Day Use Facility; and
WHEREAS, the City of Riverbank also seeks funding for the services provided to our homeless population by Cambridge Academies in order who will provide street outreach/engagement and shelter operation services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank does authorize the submittal of grant applications in response to the Notice of Funding Availability issued by Stanislaus County Department of Planning and Community Development for the Emergency Solutions Grant (ESG) and the California Emergency Solutions Grant (CA-ESG).

NOW, THEREFORE, BE IT FURTHER RESOLVED that if awarded, the City Council does provide the Interim City Manager the authority to execute a grant agreement(s) and any amendments thereto.

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

AYES:

NAYS:

ABSENT:

ABSTAINED:

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CC/LRA – 03/22/22
CC Resolution No. 2022-
ATTEST: APPROVED:

Kathy L. Teixeira
Interim City Clerk
Richard D. O’Brien
Mayor

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Item 10.1 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARINGS
Meeting Date: March 22, 2022
Subject/ Title: 4th Public Hearing – Redistricting Process for Riverbank’s Four (4) Councilmember District Boundaries
From: Marisela H. Garcia, Interim City Manager / Assistant City Manager
Submitted by: Tom Hallinan, City Attorney

RECOMMENDATION
It is recommended that the City Council 1) conduct a public hearing to receive public input on the City Council district boundaries in response to data received in the 2020 census; and 2) adopt a resolution of the City Council of the City of Riverbank, California, adjusting City Council district boundaries in accordance with California Elections Code section 21600 et seq. and Riverbank Municipal Code section 30.03, subdivision (B)(3).

INTRODUCTION
Every ten (10) years, cities with by-district election systems must use new census data to review and, if needed, redraw City Council district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have substantially equal population. National Demographic Corporation (“NDC”) was hired to conduct and present the 2020 census data analysis for the City of Riverbank (the “City”), and to guide the City in achieving the final district boundaries map for adoption. The redistricting process for the City must be completed by April 17, 2022. 1 ANALYSIS
The City adopted its current four (4) district boundaries in 2015, based on the 2010 census data. In compliance with the requirements of the FAIR MAPS Act (AB 849, effective January 1, 2020), the City must now use the new 2020 census data to consider redrawing 1 Elec. Code, § 21602, subd. (a)(3).
{CW112176.4} Page 2 of 2
Item 10.1 – CC/LRA – 03/22/2022
the current district boundaries so that districts will be substantially equal in population. 2 However, if the census data reflects that the total population deviation of the City’s current districts is less than 10%, the current districts are substantially equal in population and the City Council may choose to retain and adopt the City’s current district boundaries map as its final redistricting map.3
The City’s current district boundaries are substantially equal in population. The total population deviation between the largest and smallest district is 7.07%. Accordingly, the City Council may choose to retain and adopt the City’s current district boundaries map as its final redistricting map.

The resolution will adopt the City Council’s chosen map as the final map of City Council district boundaries (the “Resolution”). Once the City Council adopts the Resolution, the chosen map will constitute district boundaries for use at the City’s November 2022 election and subsequent elections until further re-alignment pursuant to State law and the Riverbank Municipal Code.

ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act requires environmental review only if a public agency action constitutes a “project.” (Pub. Resources Code, § 21065.) Conducting a public hearing to receive public input on district boundaries and adopting the Resolution is not a “project” since it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment.

FINANCIAL IMPACT
Funds for redistricting have been approved.

ATTACHMENT

1. 2020 Census data for the City of Riverbank’s existing Districts

2. Copy of Riverbank’s current District Boundaries Map adopted 2015

3. Draft City Council Resolution 2022-
2 Elec. Code, § 21601, subd. (a).
3 Harris v. Arizona Independent Redistricting Com'n (2016) 578 U.S. 253, 259.

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CC/LRA – 03/22/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, ADJUSTING CITY COUNCIL DISTRICT BOUNDARIES IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 21600 ET SEQ.

AND RIVERBANK MUNICIPAL CODE SECTION 30.03, SUBDIVISION (B)(3) WHEREAS, in December 8, 2015, the City Council adopted Ordinance 2015-019 to establish that the election of City Councilmembers shall be by-district with the Mayor elected at-large; and
WHEREAS, the FAIR MAPS Act (Elec. Code, § 21600 et seq.) (the “Act”) and Riverbank Municipal Code section 30.03, subdivision (B)(3) requires the City of Riverbank (the “City”) to readjust City Council district boundaries following each federal decennial census so that the City Council districts are substantially equal in population; and WHEREAS, the Act requires the City to readjust City Council district boundaries based on the following factors: (1) geographically contiguous; (2) minimize divisions of neighborhoods and “communities of interest;” (3) easily identifiable boundaries; and (4) compactness; and
WHEREAS, the City has retained an experienced demographer consulting firm, National Demographics Corporation, to advise it on the process of readjusting City Council district boundaries; and
WHEREAS, as required by the Act, the City conducted four (4) public hearings to receive public input on potential City Council district boundaries on November 3, 2021; January 4, 2022; March 8, 2022; and March 22, 2022; and WHEREAS, throughout the process, the City engaged in public outreach and engagement as required by Act; and
WHEREAS, the City has maintained a detailed redistricting website as required by the Act, https://redistrictingriverbank.org/; and
WHEREAS, the City has provided notices and live translation services upon request, as required by the Act; and
WHEREAS, the City made available to the public tools to permit the public to submit draft maps and testimony in writing or electronically, if desired; and

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CC/LRA – 03/22/22
CC Resolution 2022-
WHEREAS, the City believes that the City Council district boundaries contained in the map attached to this Ordinance as “Exhibit A” are in the best interest of the City and compliant with all applicable provisions of State law.

NOW, THEREFORE, be it resolved that the City Council of the City of Riverbank that:

1. The map attached hereto as Exhibit A, and incorporated herein, is hereby adopted and shall constitute the City Council district boundaries of the City for use at the City’s November 2022 election and subsequent elections until further re-alignment pursuant to State law and Riverbank Municipal Code section

30.03, subdivision (B)(3).

2. The City Clerk, or his or her designee, shall take all actions necessary to notify the Stanislaus County Registrar's Office of the City Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new City Council district boundaries.

3. If necessary to facilitate the implementation of this Resolution, the City Clerk is authorized to make technical adjustments to the City Council district boundaries that do not substantively affect the populations in the City Council districts, the eligibility of candidates, or the residence of elected officials within any City Council district. The City Clerk shall advise the City Council of any such adjustments that are found to be required in the implementation of the City Council district.

4. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional.

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CC/LRA – 03/22/22
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
__________________________ ________________ __________
Kathy L. Teixeira Richard D. O’Brien
City Clerk Mayor
Existing Districts
District 1
Total Pop 6,216
Deviation from ideal -17
% Deviation -0.27%
% Hisp 71.5%
% NH White 22%
% NH Black 2%
% Asian-American 1%
Total 3,380
% Hisp 57%
% NH White 38%
% NH Black 2%
% Asian/Pac.Isl. 2%
Total 2,743
% Latino est. 65%
% Spanish-Surnamed 60%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 36%
% NH Black 2%
Total 2,003
% Latino est. 61%
% Spanish-Surnamed 57%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 39%
% NH Black 2%
Total 1,246
% Latino est. 59%
% Spanish-Surnamed 55%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black est. 2%
ACS Pop. Est. Total 6,463
age0-19 31%
age20-60 52%
age60plus 17%
immigrants 27%
naturalized 37%
english 37%
spanish 60%
asian-lang 1%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 29%
hs-grad 53%
bachelor 5%
graduatedegree 1%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 65%
income 0-25k 19%
income 25-50k 25%
income 50-75k 26%
income 75-200k 27%
income 200k-plus 4%
single family 90%
multi-family 10%
rented 42%
owned 58%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 6,079
-154
-2.47%
51%
40%
2%
3%
3,633
39%
53%
0%
3%
3,119
38%
35%
2%
1%
61%
0%
2,503
35%
32%
2%
1%
64%
0%
1,880
29%
28%
2%
2%
67%
0%
5,994
27%
53%
21%
24%
36%
56%
40%
3%
2%
19%
57%
10%
7%
38%
64%
14%
21%
19%
37%
9%
84%
16%
40%
60%
3 6,118
-115
-1.85%
63%
26%
2%
5%
3,097
50%
38%
2%
9%
2,947
57%
52%
2%
2%
42%
2%
2,130
53%
48%
2%
2%
45%
3%
1,474
51%
47%
2%
2%
46%
2%
5,592
33%
53%
14%
29%
42%
44%
51%
2%
3%
21%
48%
9%
3%
52%
68%
14%
22%
19%
38%
7%
98%
2%
22%
78%
4 6,520
287

4.60%
40%
41%
3%
13%
4,311
34%
50%
2%
14%
3,635
36%
33%
5%
3%
57%
1%
2,953
34%
32%
4%
3%
59%
2%
1,889
31%
29%
4%
3%
61%
1%
6,692
32%
56%
11%
17%
65%
61%
28%
7%
4%
12%
53%
17%
6%
50%
68%
6%
13%
13%
58%
10%
99%
1%
22%
78%
Total
24,933
441

7.08%
56%
33%
2%
6%
14,421
44%
45%
2%
7%
12,444
48%
44%
2%
2%
50%
2%
9,589
44%
41%
2%
2%
53%
2%
6,489
40%
38%
2%
2%
55%
1%
24,741
31%
53%
16%
24%
43%
50%
44%
3%
3%
20%
53%
10%
4%
48%
66%
13%
20%
19%
40%
8%
92%
8%
32%
68%
11/06/2021 14:20 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

5LYHUEDQN
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6FKRRO
'LVWULFW
Modesto City
High School
District
Mid Main Cnl
Hetch Hetchy Aquaduct
Mid Lateral No 6
M
Modesto Main Cnl
id
Main
Cnl
Hetch Hetchy Aquaduct
Riverbank Lateral
6WDQLVODXV5LY
Snedigar Rd
Santa Fe Ave
Patterson Rd
Central Ave
Claus Rd
Chief Tucker Ave
Stanislaus St
8th St
7th St Topeka St
Sierra St
Front St
California Ave
Kentucky Ave
Claus Rd
Mathew Ln
Tina Ln
Texas Ave
Canter Dr
Colt Way
Stretch Dr
Secretariat Ct
Preakness Dr Thoroughbred Dr W ni ners Cir
Man O War Ct
Kansas Ave
8th St
Arizona Ave
Nevada Ave
Castleberg Dr
Townsend Ave Celestino Ct
Prince Philip Way
Prince Edward Ln
Parkview Ct Madera Ct
Badger Pass Dr
Incline Way
Van Dusen Ave
6th St
Riverside Dr 5th St
4th St
Burney Ct
Santa Fe Ave
Patterson Rd
High St
3rd St
2nd St
1st St
Burneyville Rd
River Cove Dr Prestwick Dr
Condray Ave
Dunbar Ln
Stanislaus St
Railroad Ave
Turnberry Ln
Briarcliff Dr
La Costa Ct
Firethorn Dr
Royal Links Dr
Pa ml er Ave
Santa Fe St
Sierra Ct
Iowa Ave
Te mr inal Ave
Hawaii Ave
Dakota Ave
Lloyd Ct
Alabama Ct
Virginia Ave
Wisconsin Ct
Townsend Ct
Litt Rd
Eisenhower Dr
Pocket Ave
Sutton Rd
Alton Ct
Holbrook D
M
r
iwok Way
Austin Ave
S Rose Brook Dr
Walnut Ln Kyle Ave
Roselle Ave
Rocky Ln
Soares Dr
Talbot Ave
Turpin Ave
Creek Bend Ct
Morrill Rd
Newbrook Cir Ross Ave
Ward Ave
Don Ramon Ave
Don Carlos Ave
Don Ave
Don Ct
San Juan Ave
Deep River Dr
Marsh Creek Ln
Willow Spring Ct
Cherry Oaks Pl
Newbrook Dr
Lindbrook Dr
Story Brook Ln
Aspen Ct
Greenoaks Ct
Aspen Ln
Roselle Ave
Mineshaft
Ct
Bullion Ct
Buck Hill Way
Mahogany Dr
Prospectors Pkwy
Crawford Rd
Buckskin Way
Gambler Hill Ct
Jebediah Way
Donner Trl
Spur St
Goldseive Dr
Double Eagle Ct
Flintridge Ct
Medallion Ct
Claribel Rd
Glow Rd
Claribel Rd
Prospectors Ct
Blacksand Creek Way
Sire Ct
Silver ms ythe Ln
Equine Ct
Harness Ct Gold River Ct
Winding River Ct
Spanish Bay Ct
St Lakes Ct
Kings Mill Ct
Burning Tree Ct
Topeka St
Jackson Ave
Sierra St Lane Ave
Sawgrass Ct River Mesa Dr
River Ter
Estelle Ave
Rivergate Dr
Rio Verde Dr
Christmas Tree Ln
Oakdale Rd
Candlewood Pl
Raintree Ln
Panorama Dr
Lynch Ave
Woodhaven Pl
Leo Ct
Candlewood Cir
Karen Alane Way
Cypresswood Cir
Cipponeri Rd Silverock Rd
Howard Ave
Nickels Ct
Shaefer Ct
Courtney Ct
Brie Cir
Coad Ln
Eagle Ridge Dr
Jaguar Ct
D
Dobbins Ln eer Ridge Ct
Mcallister Ln
Bradford Way
B
Channel Dr
ordona Dr
Squire Wells Way
Garden Oak Dr
Mcarthur Ct
Woodard Way
Webb Ct
Chancellor Way
Saxon Way
Gallery Dr
Etherington Ct
Silvervale Ct
Centerpiece Ct
Blessing Ct
Rio Gabriel St
Novi Dr
Rose Hill Ln
Portico Dr Promenade Way
Bracco Way
Chronicle Ct
Gable Ct Portrait Ct
Corbett Ct
Crossroads Dr
Colony Park Dr
Southgate Dr
M
Lenay Way
ccaffrey Ln
Jandee Way
Pouty Way
Engstrom Dr
High Mesa Way
Goldstone Way
Laredo Ln
Barger Ct
Ambe wr ood Ln
Dainty Ct
Antique Rose Way
Cornerstone Dr
Courtyard Way Blazer Ct
Oakdale Rd
Clock Tower Ct
Ashlar Way
Rock Creek Rd
Hot Springs Ln
Clearwater Way
Sandy Ridge Dr
Hot Springs Ct
Nation S
H
t
omewood Way
Horsetail Falls Ct
Cottage Point Dr
Cottage Crest Dr
P
Hadley Ct
errin Ct
Claribel Rd
Damar Ct
Hannah Ct
108
108 108
Boone Park Dr
City of Riverbank 2015 District Boundaries Map G
National Demographics Corporation, December 6, 2015
(Amended Map G by Resolution # 2020-011)
Morrill Rd.

CROSSROADS

WEST SPECIFIC
PLAN
(Annexed Territory)
Claribel Rd.

Territory
Added to

DISTRICT
3 Territory
Added to

DISTRICT
4 District 1 2 3 4 Total
Total Pop 5,743 5,639 5,626 5,670 22,678
Deviation from ideal 73 -31 -44 0 117
% Deviation 1.29% -0.55% -0.78% 0.00% 2.06%
% Hisp 71% 59% 44% 35% 46%
% NH White 25% 34% 50% 50% 44%
% NH Black 1% 2% 2% 3% 2%
% Asian-American 1% 3% 2% 10% 6%
% Hisp 66% 55% 39% 32% 40%
% NH White 29% 37% 55% 52% 50%
% NH Black 1% 2% 2% 3% 2%
% Asian-American 1% 3% 2% 10% 6%
% Hisp 53% 47% 35% 40% 34%
% NH White 42% 47% 54% 46% 57%
% NH Black 1% 0% 5% 4% 2%
% Asian-American 0% 3% 2% 9% 4%
% Latino 58% 44% 32% 31% 31%
% Asian-Surnamed 1% 2% 3% 3% 2%
% Filipino-Surnamed 1% 2% 2% 2% 1%
% Latino 56% 40% 29% 28% 26%
% Asian-Surnamed 1% 2% 2% 3% 1%
% Filipino-Surnamed 1% 2% 2% 2% 1%
age0-19 36% 33% 31% 34% 34%
age20-60 53% 56% 53% 52% 53%
age60plus 10% 10% 16% 15% 13%
Immigration immigrants 27% 20% 23% 18% 22%
vacant 8% 5% 10% 6% 7%
occupied 92% 95% 90% 94% 93%
rented 39% 24% 30% 17% 28%
owned 61% 76% 70% 83% 72%
singlefamily 89% 98% 88% 98% 93%
multifamily 11% 2% 12% 2% 7%
english 44% 56% 59% 68% 57%
spanish 53% 42% 37% 23% 38%
asian-lang 0% 1% 1% 3% 1%
other lang 3% 1% 3% 6% 3%
Child in Household child-under18 49% 46% 43% 45% 46%
employed 52% 58% 53% 58% 55%
Commute on Public
Transit 0% 0% 0% 0% 0%
hhincome0-25k 29% 19% 21% 15% 21%
hhincome25-50k 32% 27% 27% 19% 26%
hhincome50-75k 18% 22% 15% 17% 18%
hhincome75-200k 20% 31% 34% 45% 33%
hhincome200k-plus 0% 2% 3% 4% 2%
hs-grad 55% 66% 60% 64% 61%
bachelor 7% 9% 11% 15% 10%
graduatedegree 1% 4% 5% 7% 4%
Total and Voting Age population data from the 2010 Decennial Census.

Voter Registration and Turnout data from the California Statewide Database, Nov. 2012 data.

Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2008-2012 American Community Survey 5-year data.

Work (percent of pop
age 16+)
Household Income
Education (among
those age 25+)
Citizen Voting Age
Pop
Voting Age Pop
Total Pop
Riverbank Adopted Plan (Formerly Plan G)
Voter Registration
(Nov 2012)
Voter Turnout (Nov
2012)
Age
Housing Stats
Language spoken at
home
Note: This demographic information was adopted with the original Map G of 2015, and excludes the annexed territory of the Crossroads West Specific Plan, which at the time contained 12 registered voters.
{CW112274.3} Page 1 of 3
Item 10.2 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO.10.2
SECTION 10: PUBLIC HEARING
Meeting Date: March 22, 2022
Subject: First Reading by Title Only and Introduction of a Proposed Ordinance Amending Chapter 50, Garbage, of Title V, Public Works, of the Riverbank Municipal Code to Regulate the Disposal of Recyclable and Organic Materials
From: Marisela Garcia, Interim City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance waive further reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Riverbank amending Chapter 50, Garbage, of Title V, Public Works, of the Riverbank Municipal Code to regulate the disposal of recyclable and organic materials.

STAFF SUMMARY
In September 2016, SB 1383 established Statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. SB1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years, establishing targets to achieve a 50 percent reduction in the level of statewide disposal or organic waste from 2014 levels by 2020, and a 75 percent reduction by 2025. To accomplish these Statewide goals, SB1383 regulations include prescriptive requirements for jurisdictions related to recycling and organics collection, field inspections, enforcement policies, and edible food recovery. The law comes with both performance targets and the potential for penalties levied against the jurisdiction for non-compliance. Enforcement and penalties for non-compliance begins January 1, 2022 for jurisdictions.

Ordinances and Policy Changes
SB1383 requires jurisdictions to implement and/or amend ordinances or other enforceable mechanisms and policies covering: residential and commercial organics {CW112274.3} Page 2 of 3
Item 10.2 – CC/LRA – 03/22/2022
service, enforcement, CALGreen construction and demolition requirements, a Model Water Efficient Landscaping Ordinance (MWELO) and procurement policies.

To address this requirement, staff has developed an SB1383 Ordinance that amends the City of Riverbank’s (the “City”) solid waste regulations to address compliance requirements as outlined below (the “Ordinance”).

Organics Collection
To fulfill the collection requirements, jurisdictions must provide recycling, organics, and solid waste collection services for all generators (subject to limited waivers and selfhauling). The City of Riverbank is already in compliance with the residential and commercial requirement as it provides all generators the two-container collection program where cardboards and organics go in one can and remaining solid waste in the other can. Commercial businesses also have the option of a two-bin system one for cardboard and organics and the other for remaining solid waste. The Ordinance also establishes regulations for haulers. Commercial businesses and residential customers also have the option of self-haul.

Edible Food Recovery
SB1383 requires that jurisdictions educate edible food generators, increase access to edible food recovery organizations and services, monitor and enforce edible food generator compliance, and increase edible food recovery capacity. The City of Riverbank’s role in edible food recovery is focused on education, coordination with the regional agency and Stanislaus County’s food recovery efforts, support for County food recovery capacity reporting, as well as ongoing maintenance of an accurate list of Tier One and Tier Two commercial edible food generators.

Education and Outreach
SB1383 has specific education requirements for jurisdictions. The City will need to annually educate all generators (residents, businesses, multifamily complexes, townhomes, self-haulers, edible food generators, and non-local entities) within City limits on their obligation to comply with SB1383 requirements.

Compliance Monitoring and Enforcement
Beginning January 1, 2022, SB1383 requires annual deskside “compliance review” of all commercial accounts that generate two cubic yards or more per week of solid waste; inspection of edible food generators; verification of self-hauler compliance; investigation of complaints; and verification of a certain portion of waivers issued annually such that an account with a waiver is inspected once every five years. Waivers can be issued for de minimis production of organics, or for lack of physical space, as defined in the regulations. Additionally, SB1383 requires contamination monitoring of customers’ materials through random container inspections of all hauler routes annually. To {CW112274.3} Page 3 of 3
Item 10.2 – CC/LRA – 03/22/2022
address this requirement, the City will conduct annual route monitoring. This new process requires feedback to customers about contamination findings and what materials are accepted in the two container streams.

Reporting
SB1383 requires significant annual reporting, as well as ongoing maintenance of an “Implementation Record” that documents compliance with the regulations. The City will maintain records for programs including collection and processing, food recovery, education, monitoring and enforcement, and procurement.

Organic Waste Product Procurement
In order to create a market demand for finished products derived from organics discards, SB1383 prescribes that beginning January 1, 2022, each jurisdiction shall be responsible for the purchase of a certain quantity of finished product (compost, mulch, renewable natural gas, and/or electricity from biomass and recycled-content paper) annually. The procurement requirement set in the SB1383 regulation is 0.08 tons of organic waste per resident. These provisions also require that jurisdictions purchase recycled content paper products defined as consisting of at least 30 percent postconsumer fiber, by fiber weight.

CONCLUSION
The Ordinance will amend the City’s solid waste regulations in order to comply with SB 1383 regulations. To meet all the mandates of SB1383, staff will continue to develop programs to address enforcement, procurement, edible food recovery and reporting in addition to development of the Ordinance. The Ordinance will take effect 30 days after the second reading and final adoption, which is anticipated to be no later than May 12, 2022.

FINANCIAL IMPACT
The exact fiscal impact is difficult to quantify. However, increased staff time will be devoted to the Solid Waste program for implementation of new programs, record keeping, outreach, inspections, and enforcement to stay in compliance with this new state mandate.

ATTACHMENTS

1. Draft Ordinance 2022-.
{CW112273.3} -1-
1 2 CITY OF RIVERBANK
3 4 ORDINANCE NO. 2022-__
5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK 7 AMENDING CHAPTER 50, GARBAGE, OF TITLE V, PUBLIC WORKS, OF THE 8 RIVERBANK MUNICIPAL CODE TO REGULATE THE DISPOSAL OF RECYCLABLE 9 AND ORGANIC MATERIALS
10 11 WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California 12 Integrated Waste Management Act of 1989 (California Public Resources Code Section 13 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), 14 requires cities and counties to reduce, reuse, and recycle (including composting) Solid 15 Waste generated in their Jurisdictions to the maximum extent feasible before any 16 incineration or landfill disposal of waste, to conserve water, energy, and other natural 17 resources, and to protect the environment; and
18 WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the 19 Governor of the State of California on October 5, 2011, which amended Sections 41730, 20 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 21 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to 22 Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public 23 Resources Code, as amended, supplemented, superseded and replaced from time to 24 time), places requirements on businesses and multi-family property owners that generate 25 a specified threshold amount of Solid Waste to arrange for recycling services and requires 26 the City of Riverbank (the “City”) to implement a Mandatory Commercial Recycling 27 program; and
28 WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved 29 by the Governor of the State of California on September 28, 2014, which added Chapter 30 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources 31 Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced 32 from time to time), requires businesses and multi-family property owners that generate a 33 specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to 34 arrange for recycling services for that waste, requires Jurisdictions to implement a 35 recycling program to divert Organic Waste from businesses subject to the law, and 36 requires the city to implement a Mandatory Commercial Organics Recycling program; and 37 WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, 38 requires CalRecycle to develop regulations to reduce organics in landfills as a source of 39 methane. The regulations place requirements on multiple entities including Jurisdictions, 40 residential households, commercial businesses and business owners, commercial edible 41 food generators, haulers, self-haulers, food recovery organizations, and food recovery {CW112273.3} -2-
42 services to support achievement of Statewide Organic Waste disposal reduction targets; 43 and
44 WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, 45 requires the city to adopt and enforce an ordinance or enforceable mechanism to 46 implement relevant provisions of SB 1383 Regulations. This ordinance may also help 47 reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have 48 the maximum amount of their Edible Food, that would otherwise be disposed, be 49 recovered for human consumption.
50 (f) Requirements in this ordinance are consistent with other adopted goals and 51 policies of the City.
52 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
53 RIVERBANK DOES ORDAIN AS FOLLOWS:
54 SECTION 1. Chapter 50, Garbage, of Title V, Public Works, of the Riverbank Municipal 55 Code shall be repealed in its entirety and amended with a new Chapter 50 that shall read 56 as follows:
57 CHAPTER 50: GARBAGE
58 § 50.01 DEFINITIONS.
59 For the purpose of this chapter, the following definitions shall apply unless the context 60 clearly indicates or requires a different meaning.
61 62 CalRecycle California's Department of Resources Recycling and Recovery, which is the 63 Department designated with responsibility for developing, implementing, and enforcing 64 SB 1383 Regulations on Jurisdictions (and others).
65 California Code of Regulations or CCR The State of California Code of Regulations. 66 CCR references in this Chapter are preceded with a number that refers to the relevant 67 Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 68 Collector. A refuse collector who has entered into a contract with the city, or who has 69 received a franchise from the city, to collect solid waste within the city. 70 City Manager. means the City Manager of the City of Riverbank, or his or her designee, 71 which may include City employees.
72 Collection. To take physical possession of solid waste at, and remove from, the place of 73 generation for transport to a solid waste facility or other recovery activity. 74 Commercial Business. or Commercial. A firm, partnership, proprietorship, joint-stock 75 company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial {CW112273.3} -3-
76 facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 77 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units 78 is not a Commercial Business for purposes of implementing this Chapter. 79 Commercial Edible Food Generator. A Tier One or a Tier Two Commercial Edible Food 80 Generator as defined in in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes 81 of this definition, Food Recovery Organizations and Food Recovery Services are not 82 Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). 83 Compliance Review. A review of records by the City of Riverbank to determine 84 compliance with this Chapter.
85 Community Composting. Any activity that composts green material, agricultural 86 material, food material, and vegetative food material, alone or in combination, and the 87 total amount of feedstock and compost on-site at any one time does not exceed 100 cubic 88 yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise 89 defined by 14 CCR Section 18982(a)(8).
90 Compost. Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which 91 stated, as of the effective date of this Chapter, that “Compost” means the product resulting 92 from the controlled biological decomposition of organic Solid Wastes that are Source 93 Separated from the municipal Solid Waste stream, or which are separated at a centralized 94 facility.
95 Compostable Plastics or Compostable Plastic. Plastic materials that meet the ASTM 96 D6400 standard for composability, or as otherwise described in 14 CCR Section 97 18984.2(a)(1)(C).
98 Container Contamination or Contaminated Container. A container, regardless of 99 color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 100 CCR Section 18982(a)(55).
101 Construction and Demolition Debris or C&D. Used or discarded materials resulting 102 from construction, renovation, remodeling, repair, demolition, excavation or construction 103 clean-up operations on any pavement or structure.
104 Container or Collection Container. Any bin, box or cart used for the purpose of holding 105 solid waste for collection.
106 Containerized Service. Service approved by the City Manager, wherein the city or the 107 collector provides a vehicle equipped for mechanical handling of one or two cubic yard 108 containers with casters; such containers shall be furnished by the customer and shall be 109 of a type approved by the City Manager, or rented from the city or the collector. 110 Designated Source Separated Organic Waste Facility. As defined in 14 CCR Section 111 18982(14.5), which means a Solid Waste facility that accepts a Source Separated 112 Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and 113 complies with one of the following:
{CW112273.3} -4-
114 (A) The facility is a “transfer/processor,” as defined in 14 CCR Section 115 18815.2(a)(62), that is in compliance with the reporting requirements of 14 116 CCR Section 18815.5(d), and meets or exceeds an annual average Source 117 Separated organic content Recovery rate of 50 percent between January 1, 118 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 119 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 120 received from the Source Separated Organic Waste collection stream. 121 (1) If a transfer/processor has an annual average Source Separated 122 organic content Recovery rate lower than the rate required in 123 Paragraph 1 of this definition for two (2) consecutive reporting 124 periods, or three (3) reporting periods within three (3) years, the 125 facility shall not qualify as a “Designated Source Separated Organic 126 Waste Facility”.
127 (B) The facility is a “composting operation” or “composting facility” as defined in 128 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 129 under 14 CCR Section 18815.7 demonstrates that the percent of the 130 material removed for landfill disposal that is Organic Waste is less than the 131 percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 132 whichever is applicable, and, if applicable, complies with the digestate 133 handling requirements specified in 14 CCR Section 17896.5. 134 (1) If the percent of the material removed for landfill disposal that is 135 Organic Waste is more than the percent specified in 14 CCR Section 136 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 137 periods, or three (3) reporting periods within three (3) years, the 138 facility shall not qualify as a “Designated Source Separated Organic 139 Waste Facility.” For the purposes of this Chapter, the reporting 140 periods shall be consistent with those defined in 14 CCR Section 141 18815.2(a)(49).
142 Designee. An entity that the city contracts with or otherwise arranges to carry out any of 143 the city’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A 144 Designee may be a government entity, a hauler, a private entity, or a combination of those 145 entities.
146 Edible Food.Food intended for human consumption, or as otherwise defined in 14 CCR 147 Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR 148 Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not 149 discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or 150 authorizes the Recovery of Edible Food that does not meet the food safety requirements 151 of the California Retail Food Code.
152 Enforcement Action An action of the City to address non-compliance with this Chapter 153 including, but not limited to, issuing administrative citations, fines, penalties, or using other 154 remedies.
{CW112273.3} -5-
155 Excluded Waste. Hazardous substance, hazardous waste, infectious waste, designated 156 waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and 157 toxic substances or material that facility operator(s), which receive materials from the city 158 and its generators, reasonably believe(s) would, as a result of or upon acceptance, 159 transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, 160 or ordinance, including: land use restrictions or conditions, waste that cannot be disposed 161 of in Class III landfills or accepted at the facility by permit conditions, waste that in the 162 City’s, or its Designee’s reasonable opinion would present a significant risk to human 163 health or the environment, cause a nuisance or otherwise create or expose the City, or 164 its Designee, to potential liability; but not including de minimis volumes or concentrations 165 of waste of a type and amount normally found in Single-Family or Multi-Family Solid 166 Waste after implementation of programs for the safe collection, processing, recycling, 167 treatment, and disposal of batteries and paint in compliance with Sections 41500 and 168 41802 of the California Public Resources Code. Excluded Waste does not include used 169 motor oil and filters, household batteries, universal wastes, and/or latex paint when such 170 materials are defined as allowable materials for collection through the City’s collection 171 programs and the generator or customer has properly placed the materials for collection 172 pursuant to instructions provided by the City or its Designee for collection services. 173 Food. Food has the same meaning as in Health and Safety Code section 113781. 174 Food Distributor. A company that distributes food to entities including, but not limited to, 175 Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 176 18982(a)(22).
177 Food Facility. The same meaning as in Section 113789 of the Health and Safety Code. 178 Food Recovery. Actions to collect and distribute food for human consumption that 179 otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). 180 Food Recovery Organization. An entity that engages in the collection or receipt of 181 Edible Food from Commercial Edible Food Generators and distributes that Edible Food 182 to the public for Food Recovery either directly or through other entities or as otherwise 183 defined in 14 CCR Section 18982(a)(25), including, but not limited to:
184 (A) A food bank as defined in Section 113783 of the Health and Safety Code; 185 (B) A nonprofit charitable organization as defined in Section 113841 of the 186 Health and Safety code; and,
187 (C) A nonprofit charitable temporary food facility as defined in Section 113842 188 of the Health and Safety Code.
189 A Food Recovery Organization is not a Commercial Edible Food Generator for the 190 purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 191 pursuant to 14 CCR Section 18982(a)(7).
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192 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 193 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 194 apply to this Chapter.
195 Food Recovery Service. A person or entity that collects and transports Edible Food from 196 a Commercial Edible Food Generator to a Food Recovery Organization or other entities 197 for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food 198 Recovery Service is not a Commercial Edible Food Generator for the purposes of this 199 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 200 Section 18982(a)(7).
201 Food Scraps. All food such as, but not limited to, fruits, vegetables, meat, poultry, 202 seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps 203 excludes fats, oils, and grease when such materials are Source Separated from other 204 Food Scraps. Food Scraps does not include Excluded Waste. 205 Food Service Provider. An entity primarily engaged in providing food services to 206 institutional, governmental, commercial, or industrial locations of others based on 207 contractual arrangements with these types of organizations, or as otherwise defined in 14 208 CCR Section 18982(a)(27).
209 Food-Soiled Paper. Compostable paper material that has come in contact with food or 210 liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, 211 pizza boxes, and milk cartons.
212 Food Waste. Food Scraps, Food-Soiled Paper, and Compostable Plastics. 213 Black Container, Any bin, can, receptacle, or any other type of receptacle or depository 214 designated by the City or a City-designated waste removal company for the deposit, 215 storage, and collection of solid waste not designated or collection in the Green Container. 216 A container may also be described as an automatic lift container cart, drop box, roll-off, 217 compactor container, standard automated container, drop box container or detachable 218 container or bin.
219 Green Container. Green Container has the same meaning as in 14 CCR Section 220 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source 221 Separated Organic Waste.
222 Grocery Store. A store primarily engaged in the retail sale of canned food; dry goods; 223 fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not 224 separately owned within the store where the food is prepared and served, including a 225 bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR 226 Section 18982(a)(30).
227 Hauler. a person who collects material from a generator and delivers it to a reporting 228 entity, end user, or a destination outside of the state. Hauler includes “contractor.” A 229 person who transports material from reporting entity to another person is a transporter, 230 not a hauler.
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231 Hauler Route. The designated itinerary or sequence of stops for each segment of the 232 city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). 233 High Diversion Organic Waste Processing Facility. A facility that is in compliance with 234 the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an 235 annual average Mixed Waste organic content Recovery rate of 50 percent between 236 January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as 237 calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the 238 “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); 239 or, as otherwise defined in 14 CCR Section 18982(a)(33). 240 Inspection. A site visit where the City reviews records, containers, and an entity’s 241 collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food 242 handling to determine if the entity is complying with requirements set forth in this Chapter, 243 or as otherwise defined in 14 CCR Section 18982(a)(35). 244 City. the City of Riverbank, California, or the area within the territorial limits of the City of 245 Riverbank, California, and such territory outside of the City over which the City has 246 jurisdiction or control by virtue of any constitutional or statutory provision. 247 City Enforcement Official. The City Manager, or his or her designee. The City Manager, 248 or his or her designee, shall administer, implement and enforce the provisions of this 249 chapter..
250 Large Event. An event, including, but not limited to, a sporting event or a flea market, 251 that charges an admission price, or is operated by a local agency, and serves an average 252 of more than 2,000 individuals per day of operation of the event, at a location that 253 includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf 254 course, street system, or other open space when being used for an event. If the definition 255 in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR 256 Section 18982(a)(38) shall apply to this Chapter.
257 Large Venue. A permanent venue facility that annually seats or serves an average of 258 more than 2,000 individuals within the grounds of the facility per day of operation of the 259 venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, 260 Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately 261 owned or operated stadium, amphitheater, arena, hall, amusement park, conference or 262 civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, 263 fairground, museum, theater, or other public attraction facility. For purposes of this 264 Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common 265 ownership or control that includes more than one Large Venue that is contiguous with 266 other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 267 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) 268 shall apply to this Chapter.
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269 Local Education Agency. A school district, charter school, or county office of education 270 that is not subject to the control of city or county regulations related to Solid Waste, or as 271 otherwise defined in 14 CCR Section 18982(a)(40).
272 Multi-Family Residential Dwelling. or Multi-Family. Of, from, or pertaining to 273 residential premises with five (5) or more dwelling units. Multi-Family premises do not 274 include hotels, motels, or other transient occupancy facilities, which are considered 275 Commercial Businesses.
276 MWELO. The Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 277 2, Chapter 2.7.
278 Non-Compostable Paper. Non-compostable paper includes but is not limited to paper 279 that is coated in a plastic and/or metallic material that will not breakdown in the 280 composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). 281 Non-Local Entity. Entities that are not subject to the city’s enforcement authority, or as 282 otherwise defined in 14 CCR Section 18982(a)(42), including:
283 (A) Special district(s) located within the boundaries of the city, including 284 Riverbank Unified School District,State agencies located within the 285 boundaries of the city, including Caltrans, Cal Fire or Stanislaus County 286 facilities.
287 Non-Organic Recyclables. non-putrescible and non-hazardous recyclable wastes, 288 including but not limited to bottles, cans, metals, plastics and glass, or as otherwise 289 defined in 14 CCR Section 18982(a)(43).
290 Notice of Violation (NOV). A notice that a violation has occurred that includes a 291 compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR 292 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. 293 Organic Waste. Solid Wastes containing material originated from living organisms and 294 their metabolic waste products, including but not limited to food, green material, 295 landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper 296 Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as 297 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as 298 defined by 14 CCR Section 18982(a).
299 Organic Waste Generator. A person or entity that is responsible for the initial creation 300 of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). 301 Paper Products. Paper Products include, but are not limited to, paper janitorial supplies, 302 cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 303 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). {CW112273.3} -9-
304 Person. Any person or persons, firm, association, corporation or other entity acting as 305 principal, agent or officer, servant or employee, for themselves or for any other person, 306 firm or corporation.
307 Premises. Premises includes a tract or parcel of land with or without habitable buildings 308 or appurtenant structures. For purposes of this Chapter, the word premises includes 309 residential and commercial uses of the land, whether owned, leased, rented or subrented, 310 including every dwelling house, dwelling unit, apartment house or multiple-dwelling 311 building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office 312 building, department store, manufacturing, processing or assembling shop or plant, 313 warehouse and every other place or premises where any person resides, or any business 314 is carried on or conducted within the city.
315 Printing and Writing Papers. Printing and Writing Papers include, but are not limited to, 316 copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white 317 wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 318 and other uncoated writing papers, posters, index cards, calendars, brochures, reports, 319 magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). 320 Prohibited Container Contaminants.: (i) discarded materials placed in the Green 321 Container that are not identified as acceptable Source Separated Green Container 322 Organic Waste for the City’s Green Container; (ii) discarded materials placed in the Black 323 Container that are acceptable Source Separated Green Container Organic Waste for the 324 City’s Green Container;(iii) Excluded Waste placed in any container. 325 Recovered Organic Waste Products. Products made from California, landfill-diverted 326 recovered Organic Waste processed in a permitted or otherwise authorized facility, or as 327 otherwise defined in 14 CCR Section 18982(a)(60).
328 Recovery. Any activity or process described in 14 CCR Section 18983.1(b), or as 329 otherwise defined in 14 CCR Section 18982(a)(49).
330 Recycled-Content Paper. Paper products and printing and writing paper that consists of 331 at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 332 CCR Section 18982(a)(61).
333 Regional Agency. Regional agency as defined in Public Resources Code Section 40181. 334 Remote Monitoring. The use of the internet of things and/or wireless electronic devices 335 to visualize the contents of containers, for purposes of identifying the quantity of materials 336 in containers (level of fill) and/or presence of Prohibited Container. 337 Residential. For the purposes of this chapter, any premise consisting of between one (1) 338 and four (4) dwelling units, and onsite domestic uses accessory to these dwelling units. 339 A multi-family dwelling that consists of fewer than five (5) dwelling units is “Residential”, 340 for the purposes of this Chapter.
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341 Restaurant. An establishment primarily engaged in the retail sale of food and drinks for 342 on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 343 18982(a)(64).
344 Route Review. A visual Inspection of containers along a Hauler Route for the purpose of 345 determining Container Contamination and may include mechanical Inspection methods 346 such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). 347 SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, 348 which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety 349 Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 350 of the Public Resources Code, establishing methane emissions reduction targets in a 351 Statewide effort to reduce emissions of short-lived climate pollutants as amended, 352 supplemented, superseded, and replaced from time to time. 353 SB 1383 Regulations. For the purposes of this Chapter, the regulations developed by 354 CalRecycle to implement SB 1383.
355 Self-Hauler. A person, who hauls Solid Waste, Organic Waste or recyclable material he 356 or she has generated to another person. Self-hauler also includes a person who back357 hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means 358 generating and transporting Organic Waste to a destination owned and operated by the 359 generator using the generator’s own employees and equipment, or as otherwise defined 360 in 14 CCR Section 18982(a)(66)(A).
361 Single-Family. of, from, or pertaining to any residential premises with fewer than five (5) 362 units.
363 Solid Waste. Solid Waste has the same meaning as defined in Public Resources Code 364 Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, 365 semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, 366 industrial wastes, demolition and construction wastes, abandoned vehicles and parts 367 thereof, discarded home and industrial appliances, dewatered, treated, or chemically 368 fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid 369 and semi-solid wastes, and other discarded solid and semisolid wastes, with the 370 exception that solid waste does not include any of the following wastes:
371 (A) Hazardous waste, as defined in the Public Resources Code Section 40141. 372 (B) Radioactive waste regulated pursuant to the State Radiation Control Law 373 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 374 the State Health and Safety Code).
375 (C) Medical waste regulated pursuant to the State Medical Waste Management 376 Act (Part 14 (commencing with Section 117600) of Division 104 of the State 377 Health and Safety Code). Untreated medical waste shall not be disposed of 378 in a Solid Waste landfill, as defined in State Public Resources Code Section 379 40195.1. Medical waste that has been treated and deemed to be Solid {CW112273.3} -11-
380 Waste shall be regulated pursuant to Division 30 of the State Public 381 Resources Code.
382 SOLID WASTE COLLECTION SERVICE OF THE CITY. Solid waste collection service 383 provided by the city or such service provided by a collector who has entered into a 384 contract with the city, or who holds a franchise from the city, to collect solid waste within 385 the city, depending on whether the city is providing such service with city personnel or by 386 contract or franchise with a private collector.
387 Source Separated. Materials, including commingled recyclable materials, that have been 388 separated or kept separate from the Solid Waste stream, at the point of generation, for 389 the purpose of additional sorting or processing those materials for recycling or reuse in 390 order to return them to the economic mainstream in the form of raw material for new, 391 reused, or reconstituted products, which meet the quality standards necessary to be used 392 in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the 393 purposes of the Chapter, Source Separated shall include separation of materials by the 394 generator, property owner, property owner’s employee, property manager, or property 395 manager’s employee into different containers for the purpose of collection such that 396 Source Separated materials are separated from Black Container Waste or other Solid 397 Waste for the purposes of collection and processing. 398 Source Separated Green Container Organic Waste. Source Separated Organic Waste 399 that can be placed in a Green Container that is specifically intended for the separate 400 collection of Organic Waste by the generator, excluding pet waste, carpets, non401 compostable paper, and textiles. 402 Source Separated Recyclable Materials. Source Separated Non-Organic Recyclables. 403 State. the State of California.
404 Supermarket. A full-line, self-service retail store with gross annual sales of two million 405 dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or 406 nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 407 18982(a)(71).
408 Tier One Commercial Edible Food Generator means a Commercial Edible Food 409 Generator that is one of the following as defined in 14 CCR Section 18982(a)(73):
410 (A) Supermarket.
411 (B) Grocery Store with a total facility size equal to or greater than 10,000 square 412 feet.
413 (C) Food Service Provider.
414 (D) Food Distributor.
415 (E) Wholesale Food Vendor.
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416 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 417 Food Generator differs from this definition, the definition in 14 CCR Section 418 18982(a)(73) shall apply to this Chapter.
419 Tier Two Commercial Edible Food Generator. A Commercial Edible Food Generator 420 that is one of the following as defined in 14 CCR Section 18982(a):
421 (A) Restaurant with 250 or more seats, or a total facility size equal to or greater 422 than 5,000 square feet.
423 (B) Hotel with an on-site Food Facility and 200 or more rooms. 424 (C) Health facility with an on-site Food Facility and 100 or more beds. 425 (D) Large Venue.
426 (E) Large Event.
427 (F) A State agency with a cafeteria with 250 or more seats or total cafeteria 428 facility size equal to or greater than 5,000 square feet. 429 (G) A Local Education Agency facility with an on-site Food Facility. 430 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 431 Food Generator differs from this definition, the definition in 14 CCR Section 432 18982(a)(74) shall apply to this Chapter.
433 Wholesale Food Vendor. A business or establishment engaged in the merchant 434 wholesale distribution of food, where food (including fruits and vegetables) is received, 435 shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other 436 destination, or as otherwise defined in 14 CCR Section 189852(a)(76). 437 § 50.02 REQUIREMENT TO USE SOLID WASTE COLLECTION SERVICE; 438 NONCOMPLIANCE.
439 (A) All dwellings, apartment houses and places of business in which refuse 440 accumulates within the city shall be required to use Solid Waste Collection service 441 of the city and to pay the charges therefor. It shall be unlawful for any person, firm 442 or corporation, except as provided in this chapter, to collect or gather Solid Waste 443 within the city.
444
445 (B) The City Council may contract for the collection or disposal, or both, of solid waste 446 under such terms and conditions as the City Council may prescribe by resolution 447 or ordinance, as provided in Cal. Pub. Res. Code § 49300. The contract may be 448 “exclusive or nonexclusive.” The collector shall comply with the terms and 449 conditions of the city code as well as such other terms and conditions as may be 450 prescribed by resolution.
451
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452 (C) In the event that trash, garden waste, lawn and tree trimmings, and the like, are 453 piled adjacent to an alley or city street without the benefit of a suitable container, 454 the property owner or responsible tenant shall, upon written notification by the city, 455 promptly deposit the litter in adequate containers for refuse pick-up. Failure to 456 respond after ten days to a written request made by the city shall serve as 457 authorization to the city to remove the litter and subject the property owner or 458 responsible tenant to the charges specified in the nonconforming refuse collection 459 fees.
460
461 (D) Nothing in this Chapter prohibits a generator from preventing or reducing waste 462 generation, managing Organic Waste on site, or using a Community Composting 463 site pursuant to 14 CCR Section 18984.9(c).
464 § 50.03 TRASH ACCUMULATIONS PROHIBITED.
465 It shall be unlawful for any occupant or owner of any building, lot or premises in the city 466 to allow or permit to collect or remain upon such premises any solid waste in such manner 467 or quantity as is a fire menace or a health hazard to the people of the city. 468 § 50.04 OPEN BURNING PROHIBITED.
469 (A) Public places. It shall be unlawful for any person to cause, allow, aid, suffer or 470 maintain any open burning of any kind upon any public place, street or alley within 471 the city at any time.
472 (B) Private premises. It shall be unlawful for any person to cause, allow, suffer or 473 maintain any open burning of any kind or the burning of any solid waste in any 474 incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon 475 any private premises within the city.
476 (C) Nonapplicability. The provisions of this section shall not apply to the following:
477 (1) An indoor or outdoor barbecue or similar heating or cooking device while 478 being used for the heating or cooking of food for human consumption, or for 479 recreational purposes, and not being used primarily for the burning of waste 480 materials or solid waste;
481 (2) Comfort heating by use of a fireplace inside a residence, which fireplace is 482 not being used primarily for the burning of waste materials or solid waste; 483 (3) An approved type incinerator or furnace used by a hospital or similar 484 establishment for the incineration of body parts, bandages or related solid 485 waste;
486 (4) Controlled fires for the purpose of training fire fighters; 487 (5) A fire set or permission given by an official of the fire district personnel for 488 the purpose of prevention of a fire or health hazard or the disposal of waste {CW112273.3} -14-
489 materials which cannot be abated or disposed of by other reasonable 490 means; or
491 (6) Fires used as safety flares for the combustion of waste gases. 492 § 50.05 BURNING, BURYING OR DUMPING GARBAGE.
493 (A) It shall be unlawful for any person to burn, bury or dump, or permit to be burned, 494 buried or dumped, any solid waste in any place within the city. 495
496 (B) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow 497 to remain on any premises, vacant lot, street, alley, or in any excavation, any offal, 498 garbage, dead animals, or any putrid, decaying, or offensive animal or vegetable 499 matter.
500
501 (C) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow 502 to remain in any street, alley, public park or other publicly-owned property, any of 503 the following: scrap building materials, discarded boxes, cartons, earth, concrete, 504 bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper, 505 lawn trimmings or clippings, garden trimmings, garden refuse, small tree or shrub 506 prunings, any waste materials resulting from gardening, and any and all household 507 items which have been discarded or are no longer desired by the owner thereof. 508
509 § 50.06 SOLID COLLECTION SERVICE; RESIDENTIAL
510 (A) Containers.
511 (1) Prior to collection, all solid waste shall be stored in approved automated 512 collection containers provided by the city's collector, unless an alternative 513 is approved pursuant to § 50.07.
514 (2) The city's collector will not remove or cause to be removed from the 515 premises any refuse which is not so contained, except as otherwise 516 provided in this section.
517 (B) Single Family Organic Waste Generators shall subscribe to city’s Organic Waste 518 collection services for all Organic Waste generated. The city shall have the right to 519 review the number and size of a generator’s containers to evaluate adequacy of 520 capacity provided for each type of collection service for proper separation of 521 materials and containment of materials; and, Single-Family generators shall adjust 522 its service level for its collection services as requested by the city. Generators may 523 additionally manage their Organic Waste by preventing or reducing their Organic 524 Waste, managing Organic Waste on site, and/or using a Community Composting 525 site pursuant to 14 CCR Section 18984.9(c).
526 (C) Single Family Organic Waste Generators shall participate in the City’s Organic 527 Waste collection service(s) by placing designated materials in designated {CW112273.3} -15-
528 containers as described below, and shall not place Prohibited Container 529 Contaminants in collection containers.
530 (1) A two-container collection service (Green Container and Black Container) 531 (a) Generator shall place Source Separated Green Container Organic 532 Waste, including Food Waste, in the Green Container; and Black 533 Container Waste in the Black Container. Generators shall not place 534 materials designated for the Black Container into the Green 535 Container.
536 (D) Frequency of collection. The city's collector shall collect Solid Waste a minimum of 537 once each week from all dwelling units in the city. The city's collector shall collect 538 recyclables in the city once every week based on a scheduling calendar approved 539 by the City Manager and provided to city residents each year by the city's collector. 540 (E) Types of residential service.
541 (1) Curb service. All curb and alley service customers shall place the refuse 542 container at the curb in the street or in the alley not later than 6:00 a.m. on 543 the day of collection and shall remove the refuse containers from the curb 544 or alley on the same day as collection.
545 (2) Alley service. Where alley service is provided, containers must be placed 546 upon the customer's premises, immediately adjacent to and accessible from 547 the alley without the necessity of entering the premises. Containers shall 548 be placed to provide the necessary clearance from obstructions on either 549 side of the container as well as overhead clearance needed for the 550 collection vehicle to empty the contents of the container without causing 551 damage to public or private property.
552 (3) Walk-in service. Walk-in service is available to those customers who have 553 applied to and have been approved by the City Manager. This service shall 554 be limited to only those dwellings where there is no able-bodied resident 555 capable of placing the container in the approved location. If approved by 556 the City Manager, there shall be no additional charge for this service. 557 (4) Containerized service. Containerized service may be used for apartments, 558 multiple-dwellings, single-family dwellings, and for places of business. 559 § 50.07 REFUSE COLLECTION SERVICE; COMMERCIAL
560 Commercial Businesses, which includes Multi-Family Residential Dwellings, shall comply 561 with the following:
562 (A) Containers. Prior to collection, all Solid Waste shall be stored in approved locked, 563 front-loaded bins provided by the city's collector, unless an alternative is approved 564 pursuant to this section.
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565 (B) Except Commercial Businesses that meet the Self-Hauler requirements in § 566 50.12, be automatically enrolled in the city’s two-container Organic Waste 567 collection. As approved by the City Manager, or his or her designee, the City shall 568 have the authority to change the minimum required service levels over time. The 569 Commercial Business’ Organic Waste service level must be sufficient for the 570 amount of Source Separated Green Container Organic Waste generated by the 571 Commercial Business. The City The city shall have the right to review the number, 572 size, and location of a generator’s containers and frequency of collection to 573 evaluate adequacy of capacity provided for each type of collection service for 574 proper separation of materials and containment of materials; and, Commercial 575 Business shall adjust its service level for its collection services as requested by the 576 City.
577 (C) Except Commercial Businesses that meet the Self-Hauler requirements in § 578 50.12of this Chapter, participate in and comply with the city’s two-container (Green 579 Container and Black Container) collection service by placing designated materials 580 in designated containers. Generator shall place Source Separated Green 581 Container Organic Waste, including Food Waste, in the Green Container; and 582 Black Container Waste in the Black Container. Generators shall not place 583 materials designated for the Black Container into the Green Container. 584 (D) Supply and allow access to adequate number, size, and location of collection 585 containers with sufficient labels or colors (conforming with § 50.12, subdivision 586 (E)(1)and (E)(2) below), for employees, contractors, tenants and customers, 587 consistent with city’s Green Container and Black Container collection service. 588 (E) Excluding Multi-Family Residential Dwellings, provide containers for the collection 589 of Source Separated Green Container Organic Waste, and Source Separated 590 Recyclable Materials in all indoor and outdoor areas where disposal containers are 591 provided for customers, for materials generated by that business. Such containers 592 do not need to be provided in restrooms. If a Commercial Business does not 593 generate any of the materials that would be collected in one type of container, then 594 the business does not have to provide that particular container in all areas where 595 disposal containers are provided for customers. Pursuant to 14 CCR Section 596 18984.9(b), the containers provided by the business shall have either:
597 (1) A body or lid that conforms with the container colors provided through the 598 collection service provided by the city with either lids conforming to the color 599 requirements or bodies conforming to the color requirements or both lids 600 and bodies conforming to color requirements. A Commercial Business is 601 not required to replace functional containers, including containers 602 purchased prior to January 1, 2022, that do not comply with the 603 requirements of the subsection prior to the end of the useful life of those 604 containers, or prior to January 1, 2036, whichever comes first. 605 (2) Container labels that include language or graphic images or both indicating 606 the primary material accepted and the primary materials prohibited in that {CW112273.3} -17-
607 container or containers with imprinted text or graphic images that indicate 608 the primary materials accepted and primary materials prohibited in the 609 container. Pursuant 14 CCR Section 18984.8, the container labels are 610 required on new containers commencing January 1, 2022. 611 (F) Excluding Multi-Family Residential Dwellings, prohibit employees from placing 612 materials in a container not designated for those materials per the City’s Organic 613 Waste, and non-Organic Waste collection service to the extent practical through 614 education, training, inspection, and/or other measures. 615 ((G) Excluding Multi-Family Residential Dwellings, periodically inspect Green Container 616 and Black Containers for contamination and inform employees if containers are 617 contaminated and of the requirements to keep contaminants out of those 618 containers pursuant to 14 CCR Section 18984.9(b)(3). 619 (H) Annually provide information to employees, contractors, tenants, and customers 620 about Organic Waste Recovery requirements and about proper sorting of Source 621 Separated Green Container Organic Waste.
622 (I) Provide education information before or within fourteen (14) days of occupation of 623 the premises to new tenants that describes requirements to keep Source 624 Separated Green Container Organic Waste separate from Black Container Waste 625 (when applicable) and the location of containers and the rules governing their use 626 at each property.
627 (J) Provide or arrange access for the city or its agent to their properties during all 628 inspections conducted in accordance with § 50.19to confirm compliance with the 629 requirements of this Chapter.
630 (K) At Commercial Business’ option and subject to any approval required from the City, 631 implement a Remote Monitoring program for inspection of the contents of its Green 632 Containers and Black Containers for the purpose of monitoring the contents of 633 containers to determine appropriate levels of service and to identify Prohibited 634 Container Contaminants. Generators may install Remote Monitoring devices on or 635 in the Green Containers and Black Containers subject to written notification to or 636 approval by the City or its Designee.
637 (L) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in 638 § 50.12 of this Chapter.
639 (M) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 640 Generators shall comply with Food Recovery requirements, pursuant to § 50.09. 641 (N) Frequency of collection. Collection of refuse shall be made at least once a week 642 from all businesses in the city, but as many times per week as the City Manager 643 may order, from all businesses which generate garbage as defined in this chapter. 644
{CW112273.3} -18-
645 § 50.08 Waivers for Generators.
646 (A) De Minimis Waivers: The City may waive a Commercial Business’ obligation 647 (including Multi-Family Residential Dwellings) to comply with some or all of the 648 Organic Waste requirements of this Chapter if the Commercial Business provides 649 documentation that the business generates below a certain amount of Organic 650 Waste material as described in § 50.08, subdivision (a)(2). Commercial 651 Businesses requesting a de minimis waiver shall:
652 (1) Submit an application specifying the services that they are requesting a 653 waiver from and provide documentation as noted in § 50.08, subdivision 654 (a)(2).
655 (2) Provide documentation that either:
656 (a) The Commercial Business’ total Solid Waste collection service is two 657 cubic yards or more per week and Organic Waste subject to 658 collection in a Green Container comprises less than 20 gallons per 659 week per applicable container of the business’ total waste; or, 660 (b) The Commercial Business’ total Solid Waste collection service is less 661 than two cubic yards per week and Organic Waste subject to 662 collection in a Green Container comprises less than 10 gallons per 663 week per applicable container of the business’ total waste. 664 (3) Notify the City within thirty (30) days if circumstances change such that 665 Commercial Business’s Organic Waste exceeds threshold required for 666 waiver, in which case waiver will be rescinded.
667 (4) Provide written verification of eligibility for de minimis waiver every 5 years, 668 if the City has approved de minimis waiver.
669 (B) Physical Space Waivers: The City may waive a Commercial Business’ or property 670 owner’s obligations (including Multi-Family Residential Dwellings) to comply with 671 some or all of Organic Waste collection service requirements if the City has 672 evidence from its own staff, a hauler, licensed architect, or licensed engineer 673 demonstrating that the premises lacks adequate space for the collection containers 674 required for compliance with the Organic Waste collection requirements of § 50.06 675 and § 50.07.
676 A Commercial Business or property owner may request a physical space waiver 677 through the following process:
678 (1) Submit an application specifying the type(s) of collection services for which 679 they are requesting a compliance waiver.
680 (2) Provide documentation that the premises lacks adequate space for Green 681 Containers including documentation from its hauler, licensed architect, {CW112273.3} -19-
682 licensed engineer or by verification after a site visit from a city enforcement 683 official.
684 (3) Provide written verification to the City that it is still eligible for physical space 685 waiver every five years, if the City has approved application for a physical 686 space waiver.
687 .§ 50.09 Requirements for Commercial Edible Food Generators. 688 (A) Tier One Commercial Edible Food Generators must comply with the requirements 689 of this Section commencing January 1, 2022, and Tier Two Commercial Edible 690 Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 691 Section 18991.3.
692 (B) Large Venue or Large Event operators not providing food services, but allowing 693 for food to be provided by others, shall require Food Facilities operating at the 694 Large Venue or Large Event to comply with the requirements of this Section, 695 commencing January 1, 2024.
696 (C) Commercial Edible Food Generators shall comply with the following requirements:
697 (1) Arrange to recover the maximum amount of Edible Food that would 698 otherwise be disposed.
699 (2) Contract with or enter into a written agreement with Food Recovery 700 Organizations or Food Recovery Services for: (i) the collection of Edible 701 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 702 Commercial Edible Food Generator self-hauls to the Food Recovery 703 Organization for Food Recovery.
704 (3) Shall not intentionally spoil Edible Food that is capable of being recovered 705 by a Food Recovery Organization or a Food Recovery Service. 706 (4) Allow the City’s designated enforcement entity or designated third party 707 enforcement entity to access the premises and review records pursuant to 708 14 CCR Section 18991.4.
709 (5) Keep records that include the following information, or as otherwise 710 specified in 14 CCR Section 18991.4:
711 (a) A list of each Food Recovery Service or organization that collects or 712 receives its Edible Food pursuant to a contract or written agreement 713 established under 14 CCR Section 18991.3(b).
714 (b) A copy of all contracts or written agreements established under 14 715 CCR Section 18991.3(b).
{CW112273.3} -20-
716 (c) A record of the following information for each of those Food Recovery 717 Services or Food Recovery Organizations:
718 (i) The name, address and contact information of the Food 719 Recovery Service or Food Recovery Organization.
720 (ii) The types of food that will be collected by or self-hauled to the 721 Food Recovery Service or Food Recovery Organization. 722 (iii) The established frequency that food will be collected or self723 hauled. 724 (iv) The quantity of food, measured in pounds recovered per 725 month, collected or self-hauled to a Food Recovery Service or 726 Food Recovery Organization for Food Recovery.
727 (6) No later than April of each year commencing no later than April 2023 for 728 Tier One Commercial Edible Food Generators and April 2025 for Tier Two 729 Commercial Edible Food Generators provide an annual Food Recovery 730 report to the City that includes the information from § 50.09 (C)(5). 731 (C) Nothing in this Chapter shall be construed to limit or conflict with the protections 732 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 733 Good Samaritan Act, or share table and school food donation guidance pursuant 734 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 735 September 25, 2017, which added Article 13 [commencing with Section 49580] to 736 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 737 Section 114079 of the Health and Safety Code, relating to food safety, as 738 amended, supplemented, superseded and replaced from time to time). 739 § 50.10 Requirements for Food Recovery Organizations and Services, and 740 Regional Agencies.
741 (A) Food Recovery Services collecting or receiving Edible Food directly from 742 Commercial Edible Food Generators, via a contract or written agreement 743 established under 14 CCR Section 18991.3(b), shall maintain the following 744 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
745 (1) The name, address, and contact information for each Commercial Edible 746 Food Generator from which the service collects Edible Food. 747 (2) The quantity in pounds of Edible Food collected from each Commercial 748 Edible Food Generator per month.
749 (3) The quantity in pounds of Edible Food transported to each Food Recovery 750 Organization per month.
{CW112273.3} -21-
751 (4) The name, address, and contact information for each Food Recovery 752 Organization that the Food Recovery Service transports Edible Food to for 753 Food Recovery.
754 (B) Food Recovery Organizations collecting or receiving Edible Food directly from 755 Commercial Edible Food Generators, via a contract or written agreement 756 established under 14 CCR Section 18991.3(b), shall maintain the following 757 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
758 (1) The name, address, and contact information for each Commercial Edible 759 Food Generator from which the organization receives Edible Food. 760 (2) The quantity in pounds of Edible Food received from each Commercial 761 Edible Food Generator per month.
762 (3) The name, address, and contact information for each Food Recovery 763 Service that the organization receives Edible Food from for Food Recovery. 764 (C) Food Recovery Organizations and Food Recovery Services shall inform 765 generators about California and Federal Good Samaritan Food Donation Act 766 protection in written communications, such as in their contract or agreement 767 established under 14 CCR Section 18991.3(b).
768 (D) Food Recovery Organizations and Food Recovery Services that have their primary 769 address physically located in the City and contract with or have written agreements 770 with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 771 18991.3(b) shall report to the City it is located in the total pounds of Edible Food 772 recovered in the previous calendar year from the Tier One and Tier Two 773 Commercial Edible Food Generators they have established a contract or written 774 agreement with pursuant to 14 CCR Section 18991.3(b) no later than April of each 775 year.
776 (E) Food Recovery Capacity Planning
777 (1) Food Recovery Services and Food Recovery Organizations. In order to 778 support Edible Food Recovery capacity planning assessments or other 779 studies conducted by the County, City, special district that provides solid 780 waste collection services, or its designated entity, Food Recovery Services 781 and Food Recovery Organizations operating in the City shall provide 782 information and consultation to the City, upon request, regarding existing, 783 or proposed new or expanded, Food Recovery capacity that could be 784 accessed by the City and its Commercial Edible Food Generators. A Food 785 Recovery Service or Food Recovery Organization contacted by the City 786 shall respond to such request for information within 60 days, unless a 787 shorter timeframe is otherwise specified by the city. {CW112273.3} -22-
788 § 50.11 Requirements for Haulers and Facility Operators. 789 (A) Requirements for Haulers
790 (1) Exclusive franchise hauler, non-exclusive franchised haulers, permitted 791 haulers, and licensed haulers providing residential, commercial, or 792 industrial Organic Waste collection services to generators within the City’s 793 boundaries shall meet the following requirements and standards as a 794 condition of approval of a contract, agreement, or other authorization with 795 the City to collect Organic Waste:
796 (a) Through written notice to the City annually on or before April 1, 797 identify the facilities to which they will transport Organic Waste 798 including facilities for Source Separated Recyclable Materials, and 799 Source Separated Green Container Organic Waste.
800 (b) Transport Source Separated Recyclable Materials, and Source 801 Separated Green Container Organic Waste to a facility, operation, 802 activity, or property that recovers Organic Waste as defined in 14 803 CCR, Division 7, Chapter 12, Article 2.
804 (c) Obtain approval from the City to haul Organic Waste, unless it is 805 transporting Source Separated Organic Waste to a Community 806 Composting site or lawfully transporting C&D in a manner that 807 complies with 14 CCR Section 18989.1 , and the Riverbank 808 Municipal Code.
809 (2) Exclusive franchise hauler, non-exclusive franchised haulers, permitted 810 haulers, and licensed haulers authorization to collect Organic Waste shall 811 comply with education, equipment, signage, container labeling, container 812 color, contamination monitoring, reporting, and other requirements 813 contained within its franchise agreement, permit, license, or other 814 agreement entered into with the City.
815 (B) Requirements for Facility Operators and Community Composting Operations 816 (1) Owners of facilities, operations, and activities that recover Organic Waste, 817 including, but not limited to, compost facilities, in-vessel digestion facilities, 818 and publicly-owned treatment works shall, upon the City’s request, provide 819 information regarding available and potential new or expanded capacity at 820 their facilities, operations, and activities, including information about 821 throughput and permitted capacity necessary for planning purposes. 822 Entities contacted by the City shall respond within 60 days. 823 (2) Community Composting operators, upon the City’s request, shall provide 824 information to the City to support Organic Waste capacity planning, 825 including, but not limited to, an estimate of the amount of Organic Waste {CW112273.3} -23-
826 anticipated to be handled at the Community Composting operation. Entities 827 contacted by the City shall respond within 60 days. 828 § 50.12 Self-Hauler Requirements.
829 (A) Self-Haulers shall source separate Organic Waste (materials that the City 830 otherwise requires generators to separate for collection in the City’s organics and 831 collection program) generated on-site from Solid Waste in a manner consistent 832 with 14 CCR 18984.2, or shall haul Organic Waste to a High Diversion Organic 833 Waste Processing Facility as specified in 14 CCR Section 18984.3. 834 (B) Self-Haulers shall haul their Source Separated Green Container Organic Waste to 835 a Solid Waste facility, operation, activity, or property that processes or recovers 836 Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic 837 Waste to a High Diversion Organic Waste Processing Facility. 838 (C) Self-Haulers that are Commercial Businesses (including Multi-Family Residential 839 Dwellings) shall keep a record of the amount of Organic Waste delivered to each 840 Solid Waste facility, operation, activity, or property that processes or recovers 841 Organic Waste; this record shall be subject to Inspection by the city’s enforcement 842 official. The records shall include the following information:
843 (1) Delivery receipts and weight tickets from the entity accepting the waste. 844 (2) The amount of material in cubic yards or tons transported by the generator 845 to each entity.
846 (3) If the material is transported to an entity that does not have scales on-site, 847 or employs scales incapable of weighing the Self-Hauler’s vehicle in a 848 manner that allows it to determine the weight of materials received, the Self849 Hauler is not required to record the weight of material but shall keep a record 850 of the entities that received the Organic Waste.
851 (D) A residential Organic Waste Generator that self-hauls Organic Waste is not 852 required to record or report information in § 50.012, subdivision (c). 853 § 50.13 Anti-Scavenging.
854 It shall be unlawful for anyone other than the authorized refuse collector to remove 855 any recyclable material placed in a container provided and maintained by the 856 authorized solid waste collector.
{CW112273.3} -24-
857 § 50.14 City May Designate Location of Disposal; Franchised Collector to Furnish 858 Containers.
859 (A) The city may, by written notice to the franchised solid waste collector, designate 860 the location, including waste-to-energy facilities, where solid waste from the city 861 shall be delivered for disposal.
862 (B) The franchised solid waste collector shall furnish and maintain all containers at his 863 sole cost and expense. All bins one yard and greater in size located within the 864 public right-of-way shall have reflective tape a minimum of 24 square inches in 865 area placed on the corners of the bin and three feet from the bottom of the bin. 866 § 50.15 Rates to Be Charged.
867 The rates for Solid Waste collection shall be set by resolution of the City Council. 868 § 50.16 Payment.
869 (A) The rates herein provided for shall be payable monthly in advance from the date 870 of issuance of a temporary occupancy permit for each dwelling or structure or from 871 date of occupancy, whichever first occurs.
872 (B) However, rendered bills may be cancelled or adjusted to reflect vacancies of 873 units or structures on the following basis:
874 (1) Commercial and industrial buildings and single-family residence. A credit 875 shall be allowed against subsequent billings for each period consisting of 876 not less than a week during which the premises are vacant provided an 877 affidavit is delivered to the City Clerk within 30 days following the end of 878 the month for which the credit is claimed stating the fact of the vacancy 879 and the period for which it existed.
880 (2) Multiple dwellings, including duplexes. A credit shall be allowed against 881 subsequent billings for each period consisting of not less than a week 882 during which all units are vacant, and one-half credit shall be allowed 883 against subsequent billings for each period of not less than a week during 884 which more than half of the units are vacant, provided an affidavit is 885 delivered to the City Clerk within 30 days following the end of the month 886 for which the credit is claimed stating the fact of the vacancy and the 887 period for which it existed.
888 (3) Credit converted to refund. In the event there is no subsequent billing, the 889 credit shall be converted to a refund upon filing of an affidavit by the 890 person entitled to the credit with the City Clerk within 30 days following 891 termination of affiant's liability for subsequent billings stating the fact and 892 amount of the entitlement to credit and the facts terminating affiant's 893 liability for subsequent billings.
{CW112273.3} -25-
894 § 50.17 Method of Collection of Rates by City.
895 The following provisions shall be applicable to and determine the method of collection of 896 such solid waste rates by the city:
897 (A) The charge for solid waste service shall be added to the charges for water 898 service and/or sewer service and payment of the total amount must be made in 899 accordance with city rules regulating the payment of water service charges. 900 (B) Delinquent payment of charges for solid waste service shall be treated in the 901 same manner as delinquency for payment of water service charges and/or sewer 902 service charges.
903 (C) All charges for solid waste collection shall be billed to the following persons:
904 (1) In the case of any person whose premises are connected with the 905 municipal water system, then to the person who requested such 906 connection to the municipal water system or his successor in interest, to 907 any person requesting that such bill be charged to him. 908 (2) In the case of any person whose premises are not connected to the 909 municipal water system, then to the person who requested the connection 910 to the sewage system or his successor in interest, or if no such request 911 was made, then to the owner of record of such premises on the date on 912 which such premises are required hereby to commence garbage and trash 913 collection services, or to the successors in interest to such person, or to 914 any person requesting that such bill be charged to him. 915 (D) Each charge for solid waste collection service levied pursuant to this section on 916 any premises within the city is hereby made a lien upon such premises, and any 917 steps authorized by law may be taken by the city to enforce payment of such lien. 918 (E) In each case where a bill for solid waste collection service shall become 919 delinquent, the City Manager shall cause the premises to be disconnected from 920 the municipal water and/or sewage system pursuant to the procedures set forth 921 in § 52.66 herein. Whenever premises have been disconnected from either or 922 both the municipal water system and the municipal sewage system for 923 nonpayment of garbage and trash collection charges, such premises shall not be 924 reconnected to either the municipal water system or the municipal sewage 925 system until all delinquent fees, charges and rates have been paid, together with 926 such reasonable charges for reconnection as may be established from time to 927 time by resolution adopted by the City Council.
928 § 50.18 Owners; Liability for Payment of Services to Multiple Dwellings. 929 Owners of multiple dwellings or apartments (two or more families) shall be responsible 930 for the payment of solid waste collection services rendered to premises owned by them, {CW112273.3} -26-
931 although payments will be accepted from tenants. However, for convenience to the city, 932 persons billed for water service will also be billed for solid waste collection service. 933 § 50.19 Inspections and Investigations by City.
934 (A) The City Manager, or his or her designee, are authorized to conduct Inspections 935 and investigations, at random or otherwise, of any collection container, collection 936 vehicle loads, or transfer, processing, or disposal facility for materials collected 937 from generators, or Source Separated materials to confirm compliance with this 938 Chapter by Organic Waste Generators, Commercial Businesses (including Multi939 Family Residential Dwellings), property owners, Commercial Edible Food 940 Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery 941 Organizations, subject to applicable laws. This Section does not allow the City to 942 enter the interior of a private residential property for inspection. 943 (B) A Person shall provide or arrange for access during all inspections (with the 944 exception of residential property interiors) and shall cooperate with the City 945 Manager, or his or designee, during such Inspections and investigations. Such 946 inspections and investigations may include confirmation of proper placement of 947 materials in containers, Edible Food Recovery activities, records, or any other 948 requirement of this Chapter described herein. Failure to provide or arrange for: (i) 949 access to an entity’s premises; or (ii) access to records for any Inspection or 950 investigation is a violation of this Chapter and may result in penalties described. 951 (C) Any records obtained by the City Manager, or his or designee, during its 952 inspections, and other reviews, shall be subject to the requirements and applicable 953 disclosure exemptions of the Public Records Act as set forth in Government Code 954 Section 6250 et seq.
955 (D) The City Manager, or his or her designee, are authorized to conduct any 956 inspections, or other investigations as reasonably necessary to further the goals 957 of this Chapter, subject to applicable laws.
958 (E) The City shall receive written complaints from persons regarding an entity that may 959 be potentially non-compliant with SB 1383 Regulations, including receipt of 960 anonymous complaints.
961 § 50.20 Enforcement.
962 (A) The City Manager, or his or her designee, shall enforce the provisions of this 963 Chapter, subject to the approval of the City Council, and shall have the power to 964 establish rules and regulations, consistent with the provisions of this Chapter, 965 governing the keeping, collection, removal and disposal of Solid Waste. 966 (B) Violation of any provision of this Chapter shall constitute an infraction and will be 967 grounds for issuance of a Notice of Violation and assessment of a fine by a City 968 Manager, or his or her designee. . Absent compliance by the respondent within 969 the deadline set forth in the Notice of Violation, the City Manager or designated {CW112273.3} -27-
970 enforcement agency shall commence an action to impose penalties, pursuant to 971 the City’s standard procedures or the standard procedures. 972 (C) A violation may be punishable by:
973 (1) A fine of one hundred dollars for a first violation; 974
975 (2) A fine of two hundred dollars for a second violation of the same provision 976 of this code within any twelve consecutive month period; 977
978 (3) A fine of five hundred dollars for each additional violation of the same 979 provision of this code within any twelve consecutive-month period. Any 980 violation after the third violation of the same provision of this Chapter within 981 any twelve consecutive-month period may be charged so each day that a 982 violation of this Chapter continues shall constitute a separate and distinct 983 offense.
984
985 (D) Other remedies allowed by law may be used, including civil action or prosecution 986 as misdemeanor. The City may pursue civil actions in the California courts to seek 987 recovery of unpaid administrative citations. The City may choose to delay court 988 action until such time as a sufficiently large number of violations, or cumulative 989 size of violations exist such that court action is a reasonable use of City staff and 990 resources.
991 (E) Compliance Deadline Extension Considerations
992 The City may extend the compliance deadlines set forth in a Notice of Violation 993 issued in accordance with this Section if it finds that there are extenuating 994 circumstances beyond the control of the respondent that make compliance within 995 the deadlines impracticable, including the following:
996 (1) Acts of God such as earthquakes, wildfires, flooding, and other 997 emergencies or natural disasters;
998 (2) Delays in obtaining discretionary permits or other government agency 999 approvals; or,
1000 (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 1001 Recovery capacity and the city is under a corrective action plan with 1002 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 1003 (F) Appeals Process
1004 Persons assessed a a penalty for an uncorrected violation may request a hearing 1005 to appeal the citation within thirty (30) days of the assessment of the penalty by 1006 filing a notice of appeal with the City Clerk. Evidence may be presented at the 1007 hearing. The City will appoint a hearing officer who shall conduct the hearing and {CW112273.3} -28-
1008 issue a final written order. The hearing shall be conducted in accordance with 1009 City’s procedure.
1011 SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is 1012 for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any 1013 reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The 1014 City Council of the City of Riverbank hereby declares that it would have passed this Ordinance 1015 and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact 1016 that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be 1017 declared invalid.
1018 SECTION 3. This Ordinance shall become effective thirty (30) days from and after its final 1019 passage and adoption, and publication of the Ordinance shall occur in a newspaper of general 1020 circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance 1021 published in a newspaper of general circulation at least five (5) days prior to adoption and again 1022 at least fifteen (15) days prior to its effective date. 1023 The foregoing ordnance was given its first reading and introduced by title only at a regular meeting 1024 of the City Council of the City of Riverbank held on the ___ day of ________, 2022. Said 1025 Ordinance was given a second reading by title only and adopted. 1026
1027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the 22nd 1028 day of March, 2022; motioned by Councilmember _______, seconded by 1029 Councilmember __________, by a City Council roll call vote of _______:
1030
1031 AYES:
1032
1033 NAYS:
1034
1035 ABSENT:
1036
1037 ABSTAIN:
1038
1039 ATTEST: APPROVED:
1040
1041
1042 ____________________________ __________________________________ 1043 Kathy L. Teixeira Richard D. O’Brien
1044 Interim City Clerk Mayor
1045

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Item 11.1 – CC/LRA – 3/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: March 22, 2022
Subject: An Introduction to Harm Reduction
From: Marisela Garcia, Interim City Manager
Submitted by: Donna Kenney, Planning & Building Manager

RECOMMENDATION
City Council to receive a presentation on Harm Reduction by the Planning and Building Manager with Diego Capistrano, Community Health Worker III, Stanislaus County Health Services Agency and provide direction.

BACKGROUND
Harm reduction: creates space to empower an individual to identify their priorities, potential risks, and tools to reduce harm(s) associated with drug use.

The closest harm reduction program in the surrounding area is in Stockton. If one were implemented in Riverbank, this harm reduction program would be the first of its kind in Stanislaus County.
● Stanislaus County is facing an opioid epidemic. In 2020, there were 74 deaths from opioid overdoses. In 2021, there were 168 opioid overdose deaths based on closed case data from the Stanislaus County Coroner’s office. ● Data shows that people between 20 and 39 are more likely to report substance use and die from an overdose. The goal of harm reduction is to keep people who use drugs alive and healthy until they can get the help they need to overcome their substance abuse.

There are eight (8) Harm Reduction Principles:

1. Accepts, for better or worse, that licit and illicit drug use is part of our world and chooses to work to minimize its harmful effects rather than simply ignore or condemn them.

2. Understands drug use as a complex, multi-faceted phenomenon that encompasses a continuum of behaviors from severe use to total abstinence, and acknowledges that some ways of using drugs are clearly safer than others.

Page 2 of 2 ends

Item 11.1 – CC/LRA – 3/22/2022

3. Establishes quality of individual and community life and well-being — not necessarily cessation of all drug use — as the criteria for successful interventions and policies.

4. Calls for the non-judgmental, non-coercive provision of services and resources to people who use drugs and the communities in which they live in order to assist them in reducing attendant harm.

5. Ensures that people who use drugs and those with a history of drug use routinely have a real voice in the creation of programs and policies designed to serve them.

6. Affirms people who use drugs (PWUD) themselves as the primary agents of reducing the harms of their drug use and seeks to empower PWUD to share information and support each other in strategies which meet their actual conditions of use.

7. Recognizes that the realities of poverty, class, racism, social isolation, past trauma, sex-based discrimination, and other social inequalities affect both people’s vulnerability to and capacity for effectively dealing with drug-related harm.

8. Does not attempt to minimize or ignore the real and tragic harm and danger that can be associated with illicit drug use.

The California Department of Public Health (CDPH) offers two (2) pathways to establishing a harm reduction program in a community:
• Programs that apply directly to the CDPH.
• Programs that have the approval of the local jurisdiction (less lengthy process).

St. Francis of Rome is willing to host the program along with the other social service programs hosted at their site.

The Stanislaus County Health Services Agency and St. Francis of Rome Church would like to establish a Harm Reduction program in Riverbank. They need Council meeting minutes or an email from the Mayor to show they have the approval of the local jurisdiction to undertake the less lengthy path towards a CDPH approved program.

FINANCIAL IMPACT
None. Harm reduction supplies (Narcan, syringes, safe injection equipment, other survival supplies) would come from the California Department of Public Health and the Stanislaus County Opioid Safety Coalition (of which the Planning and Building Manager is an active member).

ATTACHMENTS

1. Diego Capistrano’s Harm Reduction 101 Presentation
3/10/2022
1 SLIDESMANIA.C
An Intro to
Harm
Reduction SLIDESMANIA.C
Agenda
⬤ History of Harm Reduction
⬤ Harm Reduction in Riverbank, why?
⬤ Harm Reduction Principles
⬤ Participants and What They Receive
⬤ Conclusion
3/10/2022
2 SLIDESMANIA.C
Short recap of the history of harm reduction
and its expansion.

History of Harm
Reduction SLIDESMANIA.C
HIV/AIDS, the 1980s
● In September 1982, the CDC used the term AIDS for the first time. ● By the end of the year the number of AIDS cases in the USA had risen to 3,064 - of this number, 1,292 had died.
● In March 1987, the FDA approved the first antiretroviral drug, zidovudine (AZT), as treatment for HIV
Source: avert.org
3/10/2022
3 SLIDESMANIA.C
● The first Harm Reduction Working Group meeting was held in San Francisco in 1993. ○ This led to the establishment of the Harm Reduction Coalition as a nonprofit. ● 1992, NASEN, the North American Syringe Exchange Network, established. ○ Supports syringe exchange programs across North America ● 1993, Harm Reduction Services in Sacramento was established.

Source: NASEN, HRS, HRC.

Harm Reduction, 1990s SLIDESMANIA.C
● In 2000, law allowed syringe exchange programs (SEPs) in California to operate legally if local jurisdictions declare a local HIV public health emergency. ● The California Harm Reduction Initiative, or CHRI, was established by the California Budget Act of 2019, which included $15.2 million to strengthen substance use disorder response by supporting syringe services programs (SSPs). ● 2021, Gov. Newsom signed AB 1344. This bill prevents SSPs from being sued under the California Environmental Quality Act.

Source: HRC
Harm Reduction, 2000s - Now
3/10/2022
4 SLIDESMANIA.C
matter because Harm Reduction is all about addressing public health concerns. The HIV/AIDS epidemic spiked a concern for its transmission. HIV can be transmitted through sharing needles if a person with HIV has used that shared needle. Harm Reduction advocates for clean and individual needles for each person to decrease the transmission of HIV and HEP C.

While HIV sparked harm reduction’s movement, that is only one of the concerns for harm reductionists. We also care about providing people with information to address other health concerns and maintain a clean environment through proper needle disposal.

These past events... SLIDESMANIA.C
Discussing Riverbank and why the surrounding area
needs harm reduction.

Harm Reduction +
Riverbank
3/10/2022
5 SLIDESMANIA.C
Did you know?
The closest harm reduction program
in the surrounding area is in Stockton.

If implemented, this harm reduction
program would be the first of its kind
in Stanislaus County.
[Picture on the right is from NASEN, a
directory for SEPs. This photo
highlights North-Central California.] SLIDESMANIA.C
Race and Ethnicity in
Riverbank, CA as of 2019.

Based off this data, it is
evident that Riverbank is
home to many different
cultures and people of color.

In fact, as of 2019, 25.2% of
Riverbank, CA residents
(6.17k people) were born
outside of the United States,
which is higher than the
national average of 13.7%.

Cultural competence is an
important factor when it comes
to interacting with our
participants. I will be
discussing this later on.

Source: datausa.io
3/10/2022
6 SLIDESMANIA.C
Stanislaus County and Substance Use
● Stanislaus County is facing an opioid epidemic
○ In 2020, there were 74 deaths from opioid overdoses
● California Department of Public Health’s data shows that people between 20 and 39 are more likely to report substance use and die from an overdose
○ Foster youth and the LGBTQ+ community were the most vulnerable when it came to substance use
○ Reports also show that a majority of domestic violence victims use substances.

Source: addictioncenter.com, CDPH skylab SLIDESMANIA.C
How is Stanislaus addressing this?
While there are treatment centers that help with recovering from substance use, further naloxone distribution is needed to reverse overdoses and overall prevent deaths from opioid overdoses. A harm reduction program can help by distributing naloxone, safe injection equipment and resources to provide a safe space for people to seek help.
3/10/2022
7 SLIDESMANIA.C
What harm reduction is about.

Harm Reduction
Principles SLIDESMANIA.C
What is harm reduction?
Harm reduction: creates space to empower an individual to identify their priorities, potential risks, and tools to reduce harm(s) associated with drug use.

Source: HRC
3/10/2022
8 SLIDESMANIA.C
Harm Reduction
Principles SLIDESMANIA.C

1. Accepts, for better or worse,
that licit and illicit drug use is
part of our world and chooses
to work to minimize its harmful
effects rather than simply
ignore or condemn them.
3/10/2022
9 SLIDESMANIA.C

2.Understands drug use as a
complex, multi-faceted
phenomenon that
encompasses a continuum of
behaviors from severe use to
total abstinence, and
acknowledges that some ways
of using drugs are clearly safer
than others. SLIDESMANIA.C

3.Establishes quality of
individual and community life
and well-being — not
necessarily cessation of all
drug use — as the criteria for
successful interventions and
policies.
3/10/2022
10 SLIDESMANIA.C

4. Calls for the nonjudgmental, non-coercive
provision of services and
resources to people who use
drugs and the communities in
which they live in order to
assist them in reducing
attendant harm. SLIDESMANIA.C

5. Ensures that people who
use drugs and those with a
history of drug use routinely
have a real voice in the
creation of programs and
policies designed to serve
them.
3/10/2022
11 SLIDESMANIA.C

6. Affirms people who use drugs
(PWUD) themselves as the
primary agents of reducing the
harms of their drug use and
seeks to empower PWUD to
share information and support
each other in strategies which
meet their actual conditions of
use. SLIDESMANIA.C

7. Recognizes that the realities
of poverty, class, racism, social
isolation, past trauma, sex-based
discrimination, and other social
inequalities affect both people’s
vulnerability to and capacity for
effectively dealing with drugrelated harm.
3/10/2022
12 SLIDESMANIA.C

8. Does not attempt to minimize
or ignore the real and tragic harm
and danger that can be
associated with illicit drug use. SLIDESMANIA.C
Information on harm reduction terms and how to
interact with participants.

Participants & Community
3/10/2022
13 SLIDESMANIA.C
Drugs - Opioids
This is the most commonly used drug across our participants. These are also known as Downers. “Many prescription opioids are used to block pain signals between the brain and the body and are typically prescribed to treat moderate to severe pain. In addition to controlling pain, opioids can make some people feel relaxed, happy or “high,” and can be addictive.” (Hopkins Medicine) ● Heroin, aka dope, black tar
● Hydrocodone
● Morphine
● Fentanyl
● Codeine SLIDESMANIA.C
Downers
This slang term refers to CNS depressants, the types of drug that produce a sedative effect by slowing down the messages sent and received between the central nervous system and brain. They make the individual feel relaxed or drowsy and are often highly effective at minimizing feelings of pain.

Including the list of opioids from the previous slide, the following substances are also downers.
● Alcohol
● Benzodiazepines, aka xanax,
● Prescription Painkillers
3/10/2022
14 SLIDESMANIA.C
Drugs - Stimulants
A group of drugs that increase energy, alertness, and mood, and can also heighten feelings of self-confidence or sexual prowess. Also known as Uppers. ● Adderall aka addy, speed, jelly beans
● Ritalin
● Cocaine aka coke, snow, blow, dust
● Methamphetamine aka crank, ice, bump
● Ecstasy aka molly, E, X, MDMA
● Nicotine SLIDESMANIA.C
Stigmatizing Labels and Preferred Language for
Individuals
Avoid using terms like: Instead use terms like:

Addict Person who uses drugs
Junkie Person who injects drugs
Tweaker People who use drugs
Substance Abuser Substance Use
Crackhead Dependent
3/10/2022
15 SLIDESMANIA.C
Stigmatizing language and preferred language for behavior Avoid terms like: Instead use terms like:

Abusing Use/Using
Drug abuse Using drugs
Clean Sober
Made bad choices Made the choice to use drugs at the certain time because.. SLIDESMANIA.C
Items Distributed By A Harm
Reduction Program
3/10/2022
16 SLIDESMANIA.C

1. Narcan (Naloxone)
“Narcan is a medicine that rapidly
reverses an opioid overdose. It is an
opioid antagonist. This means that it
attaches to opioid receptors and
reverses and blocks the effects of other
opioids. Naloxone can quickly restore
normal breathing to a person if their
breathing has slowed or stopped
because of an opioid overdose.”
Source: drugabuse.gov SLIDESMANIA.C

2. Syringes
Programs typically offer different type of needles to best address people’s needs. A person’s weight, vein health, and preferences may affect which works best for them.
28 gauge needles, ½ inch, .5cc
- Also known as 50s.
29 gauge needles, ½ inch, 1cc
- Also known as longs, 100s.
30 gauge needles, 5/16 inch, 1cc
- Also known as shorts, 100s.
3/10/2022
17 SLIDESMANIA.C

3. Safe injection equipment
Alcohol pads Cottons Tourniquets SLIDESMANIA.C

5. Other survival supplies
Menstrual products Face Masks Wound care
3/10/2022
18 SLIDESMANIA.C
Bibliography
https://www.avert.org/professionals/history-hiv-aids/overview https://www.nasen.org/
https://harmreduction.org/our-work/action/california-harm-reduction-initiative-chri/ https://harmreduction.org/about-us/
https://datausa.io/profile/geo/riverbank-ca
https://skylab.cdph.ca.gov/ODdash/
https://www.addictioncenter.com/rehabs/california/
https://filtermag.org/california-syringe-program-ceqa/
https://harmreduction.org/ SLIDESMANIA.C
Thank you!
Do you have any questions?
Diego Capistran
[email protected]

Page 1 of 4 ends

Item 11.2 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: March 22, 2022
Subject/ Title: 2021 General Plan and Housing Element Annual Progress Reports. A Resolution Adopting the 2021 General Plan and Housing Element Annual Progress Reports (APRs) and Authorize Staff to Submit said Reports to the California Office of Planning and Research and the California Department of Housing and
Community Development
From: Marisela H. Garcia, Interim City Manager
Submitted by: Gabriel R. Salazar, Associate Planner

RECOMMENDATION
Staff recommends approval of the City’s 2021 General Plan and Housing Element Annual Progress Reports (APR) and authorize Staff to submit said reports to the California Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD).

SUMMARY
Section 65400(a)(2) of the Government Code requires each jurisdiction to prepare and submit an annual progress report on its General Plan by April 1 of each year. The annual report is required to contain the following: status of the City’s General Plan and progress in its implementation, progress in meeting the City’s regional housing need, and any actions taken by the City toward completion of Programs identified in the City’s Housing Element.

This report is required to be reviewed and considered by the City’s legislative body (City Council), and subsequently submitted to the California Office of Planning and Research, and the California Department of Housing and Community Development. The annual report does not require approval by these State Agencies.

The 2021 General Plan and Housing Element APRs are attached to this Staff Report as Attachment 2, Exhibits A and B. The purpose of these documents is to:

Page 2 of 4 ends

Item 11.2 – CC/LRA – 03/22/2022
1) Remain compliant with Government Code Section 65400(a)(2) and Housing Element Law;
2) To update City Council on housing development and implementation of General Plan programs, including the Housing Element; and
3) Ensure eligibility for State grant funding, such as the Housing-Related Parks Program and Permanent Local Housing Allocation.

For the City to be eligible for State funding for a variety of housing and park grants, the State typically requires the City’s Housing Element to be in compliance with State Housing Law (certified) and for the City to submit Annual Progress Reports to OPR and HCD annually (by April 1 of each year). The City’s 2014-2023 Housing Element was adopted in February, 2016. Prior to its adoption, City staff had consulted with HCD and received notification on December 15, 2015, that upon adoption the Housing Element would be in compliance. The proposed Annual Progress Reports ensure that the City will remain up-to-date in regards to the requirements imposed by future grant opportunities. A variety of grant programs intended to improve communities, provide access to housing and rental/mortgage relief are available for the City to pursue.

General Plan Progress & Implementation
In the 2021 Annual General Plan Report, progress was made on the following:
1) LAND-5 – Zoning Amendments – Accessory Dwelling Unit Ordinance 2) CIRC-1- Bicycle and Pedestrian Master Plan
3) CIRC-8- Collaborating with Regional Partners to solve regional vehicle transportation issues.
4) DESIGN-3- Establish design standards and parking requirements for Accessory Dwelling Units
Progress Towards RHNA Goals
The RHNA table for the current Housing Cycle has been updated to reflect progress made towards the City’s RHNA goal, and is presented in the Attachment to this Staff Report. In Summary the City has completed:
o Ten (10) percent of the Very Low-Income goal;
o Eighteen (18) percent of the Low-Income goal;
o Zero (0) percent of the Moderate-Income goal;
o Thirty-Six (36) percent of the Above Moderate-Income goal.

New Home Construction
The City of Riverbank issued building permits for forty-seven (47) above moderate residential units in 2021, 44 of which were for single-family residences, two for a duplex, and an accessory dwelling unit. The majority of the building permits were issued in East

Page 3 of 4 ends

Item 11.2 – CC/LRA – 03/22/2022
Riverbank, Countryside I and Crossroads West Unit 1. No building permits were issued for very low-, low-, and/or moderate-income categories but previously a Development Agreement was approved for the construction of 28 affordable homes in central Riverbank. Additionally, staff is in discussions to increase affordable housing and homeless housing with various community partners and local agencies.

In 2020 the City was awarded an SB2 grant for $160,000 to obtain a consultant (JB Anderson Land Use Planning) to update City’s Municipal Code Section on Accessory Dwelling Units (ADUs). In 2021, staff continued to work with JB Anderson to ensure 1) the ADU regulations are consistent with new State laws (ordinance adopted December 2021), 2) conduct a fee study to review and adopt ADU development fees, 3) develop Design Guidelines for ADUs, 4) develop an Administrative Procedures ordinance to streamline housing development processes and provide counter handouts, and 5) develop an ordinance to permit and regulate Tiny House Villages. The City has also partnered with Stanislaus County and local cities to create eight sets of fully engineered ADU plans that will be provided free to our citizens. These plans and the above mentioned ordinances are anticipated to be finalized or adopted in Spring 2022.

The City was awarded a LEAP grant of $150,000 in 2020 to upgrade the City’s permit processing software to streamline the development process and add activities like online submittals and payments. iWorQ Systems is the selected vendor and they are working with staff to transition to this new cloud-based system. Staff anticipates being online by mid-2022. Additionally, the City was selected as a REAP grant recipient ($18,232) in 2020, which is being used to fund a CivicSpark Fellow to initiate environmental justice outreach into the community prior to General Plan and Housing Element updates.

The City anticipates additional new construction in the near future as the City has approved tentative subdivision maps for Riverbank Enclave (18 units), Countryside 3 (22 units), the Harrigfeld property (298 units), Crossroads Unit 2 (114 units) and the Heritage Collection (47 units) in 2021. Staff has also received and is reviewing final map applications.

PLANNING COMMISSION
A presentation on the 2021 General Plan and Housing Element Annual Progress Reports was made to the Planning Commission on March 15, 2022.

ENVIRONMENTAL DETERMINATION
Not a Project pursuant to CEQA Guidelines.

FINANCIAL IMPACT
City Staff prepared the 2021 General Plan and Housing Element Annual Progress Reports. No consultants were under contract.

Page 4 of 4 ends

Item 11.2 – CC/LRA – 03/22/2022

STRATEGIC GOALS
The City of Riverbank Strategic Planning Session is a plan and set of goals that Riverbank will work towards for the next three years. Obtaining a CivicSparks Fellow to engage the community in environmental justice activities promotes sustainable development – Strategy 6.1 “Update the City’s General Plan and Zoning Code including

6.1.a Housing Element and 6.1.b Inclusion of an Environmental Justice Element.”

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. 2021 General Plan Annual Progress Report, dated March 09, 2022 Exhibit A - 2021 General Plan Annual Implementation Report Exhibit B - 2021 Housing Element Annual Progress Report Attachment: 2021 General Plan Annual Progress Report Page 1 of 1 CC/LRA – 03/22/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, ADOPTING THE 2021 ANNUAL GENERAL PLAN PROGRESS REPORT AS WELL AS THE 2021 ANNUAL PROGRESS REPORT OF THE

GENERAL PLAN HOUSING ELEMENT
WHEREAS, the City of Riverbank is required by Government Code Section 65400 to provide an Annual Progress Report on the General Plan for the preceding year; and
WHEREAS, the Annual General Plan Progress Report must be transmitted to the City Council, the California Office of Planning and Research, and the California Department of Housing and Community Development; and
WHEREAS, the Annual General Plan Progress Report must include all of the following: a) the status of the General Plan and progress in its implementation, b) the progress in meeting its share of the regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, the degree which its approved General Plan complies with the guidelines adopted pursuant to Section 65040.2 as well as the date of the last revision to the General Plan; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby adopts the City’s 2021 Annual General Plan Progress Report and 2021 Housing Element Annual Progress Report and authorizes staff to submit said report to the California Office of Planning and Research and California Department of Housing And Community Development.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of March, 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
2021 General Plan Annual Progress Report
City of Riverbank
March 2022
Table of Contents
CHAPTER 1 – INTRODUCTION AND SUMMARY 1
A. PURPOSE OF THE ANNUAL PROGRESS REPORT 1
B. PURPOSE OF THE GENERAL PLAN 1
C. STATUS OF THE ADOPTED ELEMENTS OF THE RIVERBANK GENERAL PLAN 1 CHAPTER 2 – IMPLEMENTATION OF THE GENERAL PLAN 2
A. REVIEW OF IMPLEMENTATION MEASURES 2
B. GOALS, POLICIES, OBJECTIVES, STANDARDS OR OTHER PLAN PROPOSALS THAT NEED TO BE ADDED OR WERE DELTED, AMENDED OR OTHERWISE ADJUSTED 4 CHAPTER 3 – ANNUAL PROGRESS REPORT ON IMPLEMENTATION OF THE HOUSING ELEMENT 5
EXHIBIT A: GENERAL PLAN ANNUAL IMPLEMENTATION REPORT 7
EXHIBIT B: HOUSING ELEMENT ANNUAL PROGRESS REPORT 25
ATTACHMENT 1: HOUSING ELEMENT TABLE A – TABLE B 34
1 CHAPTER 1 – INTRODUCTION AND SUMMARY
A. PURPOSE OF THE ANNUAL PROGRESS REPORT
Section 65400 of the California Government Code requires the City to file an annual report addressing the status of the General Plan and progress made toward implementing its goals and policies. The progress report must be submitted to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The annual progress report provides a means to monitor the success of implementing the General Plan and determine if changes are needed in the plan or its implementation programs.

B. PURPOSE OF THE GENERAL PLAN
The General Plan is mandated by California Government Code Section 65300, which requires each city and county to adopt a general plan for the physical development of the jurisdiction.

The Riverbank General Plan establishes a vision for the City’s long-term growth and enhancement and provides strategies and implementing actions to achieve this vision. The Plan also conveys to City departments, other agencies, and private developers the community goals and policies, and establishes a basis for determining if development proposals and public projects are consistent. The Plan provides for establishing and prioritizing detailed plans and implementation programs.

C. STATUS OF THE ADOPTED ELEMENTS OF THE RIVERBANK GENERAL PLAN State law requires that general plans include seven elements which must cover the following topics: Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space.

Elements for other topics of local concern may also be included. The Riverbank General Plan includes four optional elements: Community Character and Design, Economic Development, Public Services and Facilities and Air Quality. Except for the Housing Element, all elements of the Riverbank general Plan were adopted as a single document on April 22, 2009. State requirements for housing elements are more detailed and specific than for the other general plan elements. Housing elements are updated every eight years according to a schedule set by the State. For these reasons the Riverbank Housing Element is contained in a separate document which was adopted by the City Council February 23, 2016 and certified by the State HCD on December 30, 2015. The Housing Element covers the eight-year period from 2015 to 2023.

Other elements may be updated less frequently and typically have a 20-year horizon.

The correspondence between State mandated elements and the Riverbank General Plan is illustrated in the table below.
2 Correspondence Between Required General Plan Elements and the Riverbank General Plan Element Riverbank General Plan
Land Use LAND-1-20: Land Use
Circulation CIRC-1-18: Circulation
Conservation CONS-1-10: Conservation and Open Space
Open Space CONS-1-10: Conservation and Open Space
Safety SAFE-1-4: Safety Element
Noise NOISE-1-7: Noise
Community Character and Design (optional) DES-1-17: Community Character and Design Economic Development (optional) ED-1-12: Economic Development Public Services and Facilities (optional) PUBLIC-1-12: Public Services and Facilities Air Quality (optional) AIR-1-15: Air Quality
Housing Separate Document
Compliance with OPR Guidelines
Riverbank’s General Plan was updated in 2009 according to OPR’s Guidelines and remained consistent with the Guidelines.

CHAPTER 2 – IMPLEMENTATION OF THE GENERAL PLAN
This chapter discusses the implementation of all of the adopted elements of the General Plan except for the Housing Element. The annual progress report on the Housing Element is contained in Chapter 3. Exhibit A shows the implementation status of each General Plan policy.

A. REVIEW OF IMPLEMENATION MEASURES
Progress Report Highlights
The following are highlights of the progress made in calendar year 2021 organized by general plan element:

Land Use:
• Permitting and New Development. The following is a summary of the building permits issued for the year 2021:
o Countryside 1 – Approved in 2016, construction is approaching completion on a fortynine (49) single-family residential project, located in eastern Riverbank. Twenty-eight (28) building permits were issued in 2021.
o In-Fill Lots – Three (3) building permits were issued for a duplex residential project (two units), and an Accessory Dwelling Unit (one unit) within the City in 2021. o Crossroads West Unit 1 – Annexed in 2019 and approved in 2021, sixteen (16) building permits were issued for single-family residences in 2021.

Circulation:
• Amendments. There were no amendments to the Circulation Element in 2021. 3 Community Character and Design:
• Amendments. There were no amendments to the Community Character and Design Element in 2021.

Economic Development:
• Amendments. There were no amendments to the Economic Development Element in 2021.

Conservation and Open Space:
• Amendments. There were no amendments to the Conservation and Open Space Element in 2021.

Safety:
• Amendments. There were no amendments to the Safety Element in 2021.

Noise:
• Amendments. There were no amendments to the Noise Element in 2021.

Public Services and Facilities:
• Amendments. There were no amendments to the Public Services and Facilities Element in 2021.

Air Quality:
• Amendments. There were no amendments to the Air Quality Element in 2021.

Housing
• Amendments. There were no amendments to the Housing Element in 2021.

Regional Coordination
• North County Corridor. The Mayor and City Staff continued to participate with the Stanislaus Council of Governments (StanCOG) to provide input and direction as to how the North County Corridor should be aligned as it passes Riverbank. The Mayor Richard D. O’Brien is a member of the Stanislaus Council of Governments Policy Board and Donna Kenney, a City Staff member, is vice-chair of the Valley Vision Stanislaus Steering Committee to help collaboratively address the requirements of Senate Bill 375 (SB 375).
• Regional Transportation Plan / Sustainable Communities Strategies (RTP / SCS). City staff continued to participate with Stanislaus Council of Governments in the Sustainable Communities Strategy process to develop and implement an action plan that will lead to a more sustainable region, and implement SB 375. Staff regularly attended Valley Vision Stanislaus Steering Committee meetings and made periodic presentations to the City Council and Planning Commission.
• Stanislaus County Planning Directors Meeting. The Planning and Building Manager meets monthly with the Planning Directors of other cities in Stanislaus County to share information and discuss topics of mutual interest.
4 General Plan Amendments
There were no General Plan Amendments in the Calendar year of 2021.

B. GOALS, POLICIES, OBJECTIVES, STANDARD OR OTHER PLAN PROPOSALS THAT NEED TO BE ADDED OR WERE DELETED, AMENDED OR OTHERWISE ADJUSTED.

No changes to goals, policies, objectives, standards, or other plan proposals were identified in 2021.

CHAPTER 3 – ANNUAL PROGRESS REPORT ON IMPLEMENTATION OF THE HOUSING

ELEMENT
The report addresses the progress in meeting the Regional Housing Need Allocation (RHNA) housing goals and the attainment of housing goals and objectives specified in the 2014-2023 Housing Element, adopted February 23, 2016. The State of California Department of Housing and Community Development requires an annual report attached as Exhibit B.

Following are highlights of the Calendar Year 2021 Housing Element Annual Progress Report:

Housing Element Implementation Highlights
The following are highlights of the Calendar Year 2021 Housing Element Annual Progress Report:
• Seven (7) years have elapsed for the January 2014 through September 2023 Regional Housing Needs Allocation (RHNA) period. As measured through the issuance of building permits, the City has met:
o Ten (10) percent of the Very Low Income goal;
o Eighteen (18) percent of the Low Income goal;
o Zero (0) percent of the Moderate Income goal; and
o Thirty-six (36) percent of the Above Moderate Income goal. • Building Permits Issued in 2021. In 2021, forty-seven (47) building permits were issued for singlefamily development. 2021General Plan Annual Progress Report
Exhibit A: General Plan Annual Implementation Report – 2021 6 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Table I: General Plan Annual Implementation Report - 2021 Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
Land Use Element
Land – 1 The City will conduct a comprehensive review
of the land use element, including analysis and
actions to ensure there is adequate land in
appropriate locations for employmentgenerating land uses.

X, CDD The City continues to monitor and review the Land Use Element for adequate land in appropriate locations. No
updates to the Land Use Element occurred in 2021.

Land – 2 The CDD will maintain an inventory of vacant
and underutilized land to (a) evaluate
proposed annexations and (b) ensure an
adequate supply of vacant land to meet the
community’s needs.

X CDD The Community Development Department and City Council continue to maintain vacant and underutilized land for
annexations and supply. As part of the Housing Element
Update, a list was developed to determine the amount of Vacant and Underutilized Multi-family Residential (R-3) land within City limits. Further, the City currently maintains an underutilized site inventory on Oppsites.com to connect potential developers with vacant and underutilized sites.

Land – 3 The City and Redevelopment Agency will
pursue grant monies, as well as other funding
sources for road and public infrastructure
improvements to revitalize areas in need.

X EDH, F,
CDD,
The Community Development Department, Finance
Department and the Public Works Department continue to
pursue funding for road and public infrastructure
improvements. No action for Redevelopment Agency due to the demise of Redevelopment.

Land – 4 The City will develop a comprehensive infill
development streamlining and incentive
program to encourage the redevelopment and
revitalization of the Infill Opportunity Area.

X CDD The City provides free preapplication reviews so developers can submit a formal application that moves more quickly through the approval process and with fewer resubmittals.

In 2021, Staff met with multiple developers who were
interested in developing land within the City of Riverbank in infill development areas. Staff expressed support for new development in infill areas.
7 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
Land – 5 The City will update the Zoning Code and
other Municipal Code sections regulating land
development to ensure consistency with the
General Plan.

X CDD In 2021, the City adopted an ordinance amendment to update the Accessory Dwelling Unit section of the
Zoning Code to be consistent with recent State law.

Land – 6 The City will coordinate with StanCOG and
member jurisdictions and Caltrans to remove
the State Highway 108 designation as it
occurs through Riverbank and plan and
condition land uses along a future alignment
to enable Caltrans to redesignate Highway 108
near the Riverbank Planning Area.

X CDD The City of Riverbank continues to be involved in the North County Corridor planning process and is among
the members of the Joint Powers Authority, securing a
voice for Riverbank as the project moves forward and
rights-of-way are purchased.

Land – 7 The City will draft an implementing ordinance
for the Clustered Rural Residential land use
designation consistent with the policies
presented in the General Plan.

X CDD No Action in 2021.

Land – 8 Update the General Plan using data to be
made available by the DWR and the Central
Valley Flood Protection Board.

X CDD The update to the General Plan Safety Element
occurred in 2015 as it relates to SB5 (2007) and 200-
year floodplain protection.

No action in 2021.

Action Number Implementation Action Timeframe Dept/ Status of Implementation 8 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District On-going
0 – 5
years
Agency
Circulation Element
CIRC – 1 Develop and implement a Bicycle Master
Plan.

X CDD The City Council adopted the City of Riverbank’s
Bicycle and Pedestrian Master Plan on October 26,
2021. The City is also working with a consultant to
update the Active Transportation Plan.

CIRC – 2 As a part of implementation of the City’s
bicycle master plan, the City will work with
local irrigation districts, the County, local
railroad concerns, other property owners, and
other agencies and interested parties to acquire
and/or use existing easements and rights-ofway for development of off-street pedestrian and bicycle pathways.

X CDD The Community Development Department has been
in discussion with BNSF and Sierra Northern Railway
to utilize some Right-of-Way for off-street pedestrian
and bicycle pathways along Patterson Road. Through
these discussions, the City is working on developing a
safe, efficient multi-modal system for Patterson Road.

The City Council adopted the City of Riverbank’s
Bicycle and Pedestrian Master Plan on October 26,
2021
CIRC – 3 Develop a Travel Demand Management
ordinance that requires large employers to
provide incentives for employees to commute
via transit, bicycle, on foot or by carpool
rather than the SOV commute
X CDD No Action in 2021.

CIRC – 4 Revise street improvement standards to be
consistent with this Circulation Element,
including consideration on equal footing of all
locally available forms of travel.

X CDD,
PW,
ENG
The City revised street improvement standards to be
consistent with Complete Streets, LID Development
Standards and MS4 requirements. The new street
standards were adopted by City Council in 2016.

The City continues to enforce their street standards
adopted in 2016. No Action in 2021.
9 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
CIRC – 5 Coordinate with relevant transit providers and include, as appropriate, transit improvements
in the Capital Improvements Plan (CIP).

X CDD,
PW, F
The Community Development Department, Finance
Department and the Public Works Department work
with transit providers and update the City’s Capital
Improvement Plans (CIP) annually.

CIRC – 6 The City will actively pursue State and
Federal funding for developing, improving,
and enhancing bicycle and pedestrian routes in
the existing developed City.

X CDD, F Funding continues to be pursued for the development of bicycle and pedestrian amenities. The City is using
CDBG funding to make improvements ADA and trail
improvements to Castleberg Park and ADA
improvements to Pioneer Park.

The City Council adopted the City of Riverbank’s
Bicycle and Pedestrian Master Plan on October 26,
2021
CIRC – 7 Develop and implement a Parking Master Plan
to coordinate and manage parking in the City.

X CDD,
PW
No Action in 2021. Parking in the Downtown Area
has not been a problem.

CIRC – 8 Work with surrounding jurisdictions, the
County, and StanCOG to develop regional
solutions to regional vehicular transportation
issues.

X CDD,
PW,
ENG
City Council, Planning Commission and Community
Development Department will continue to work with
the County and StanCOG to develop regional
solutions to regional vehicular transportation.

Community Character and Design Element
DESIGN – 1 Establish distinctive crosswalks at major street intersections and other locations expected to
generate significant pedestrian traffic in the
existing City, as funding allows.

X F, CDD Utilizing CMAC and Safe Routes to School funds, the City is currently re-designing the Patterson Road and
Roselle Avenue intersection to improve circulation
and overall safety for non-motorized travelers,
including students on bicycles. The City Council
adopted the City of Riverbank’s Bicycle and
Pedestrian Master Plan on October 26, 2021.

Additionally, the City is in the design phases of a
Complete Street located at the intersection of
Callander Avenue and Santa Fe Street. Last, the City
10 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District completed a sidewalk project along the southern edge
of Patterson Road between First Street and Terminal
Avenue.

Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
DESIGN – 2 Where appropriate opportunities and sufficient right-of-way exists, the City will modify wide
streets into boulevards with landscaped
medians or landscaped strips between the
roadway and sidewalks to visually and
functionally enhance streets for pedestrians.

X CDD,
ENG,
PW
The City developed standard street widths to include
landscaped medians and landscaped strips between
roadways for minor and major collectors and minor
arterials in 2016. No Action in 2021. The City
continues to enforce the standards adopted in 2016.

DESIGN – 3 The City will establish design standards and parking requirements for accessory dwelling
units.

X CDD In 2021 the City adopted an ordinance update for
accessory dwelling units.

The City received had received an SB2 grant in the
amount of $160K to hire a consultant, establish
design standards and parking requirements, conduct
community outreach, and conduct a fee study for
accessory dwelling units and tiny houses. The City
also collaborated with other cities in Stanislaus
County to hire an architect to develop 8 fully
engineered ADU plan sets between 250 sf and 1200 sf
to give to our citizens for free. They are currently
under review prior to plan check.

DESIGN – 4 Pursue improvements downtown that reduce
effective Downtown street widths in
relationship to building height and bulk, while
allowing for automobile movements.

X CDD The Downtown Specific Plan was adopted in 2015.

No Action in 2021. The City continues
Implementation Actions to enforce the Downtown
Specific Plan.
11 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District DESIGN – 5 Prepare comprehensive streetscape plans for
Patterson Road, Atchison Street/Highway 108,
1 st Street, Claribel Road, Oakdale Road,
Roselle Avenue, and Claus Road.

X CDD,
ENG
A Streetscape plan for Patterson Road, east of Roselle
Avenue is currently being developed to include
Complete Streets Principles, including a Bicycle Path
adjacent to the BNSF/Sierra Railroad. Other Streets
and intersections will be improved as funds become
available.

Further in 2021, the City commenced the design of a
Complete Street at the intersection of Callander
Avenue and Santa Fe Street.

Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
DESIGN – 6 The City will define the edges, focal points, and landmarks of the Downtown. The City
will establish gateways to Riverbank.

X CDD The Downtown Specific Plan identifies “gateways to Downtown” as 108/Patterson Road to the west and
Atchison Street/Highway 108 to the east.

Additionally, the revised DTSP expanded the east
gateway, along Atchison Street.

DESIGN – 7 Adopt development standards that minimize
environmental impacts of development
through an appropriate balance of regulations
and incentives
X CDD The City continues to minimize environmental
impacts of development through the implementation
and oversight of the California Environmental Quality
Act (CEQA) where mitigation is assessed on projects
that may have a significant impact on the
environment. Further, the City has a relationship with
the appropriate State and Federal environmental
agencies allowing them to comment and assess
appropriate mitigation on development projects.

The City also works with developers to ensure that
mitigation is practical and feasible for their
development plans.
12 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District DESIGN – 8 Projects shall provide artwork by a qualified artisan(s) within their developments as
approved by the Director of Community
Development
X CDD The Community Development Department, Planning
Commission and City Council continue to consider
artwork by qualitied artisan(s) within development
projects. This will continue to be approved by the
Community Development Director.

Economic Development Element
ED – 1 Continue to dedicate staff resources to
economic development activities, and identify
ways to improve upon existing initiatives

X F, CDD,
EDD
The Finance Department, Community Development
Department and Economic Development Department
continue to dedicate staff resources to economic
development activities.

In 2021, staff attended valuable economic
development training workshops and seminars and
passed the Accredited California Economic
Developer (ACE) program exam through the
California Association for Local Economic
Development (CALED) and the California Academy
for Economic Development.

Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
ED – 2 Continue to identify funding resources, and
apply for those resources for which the City of
Riverbank qualifies
X EDD, F The City will continue to identify funding resources and apply for those resources for which the City of
Riverbank qualifies. The City applied for and received
a $160K SB2 grant and a $150K LEAP grant in 2020
to streamline housing development. With the
assistance of a consultant, the City was able to update the Municipal Code and include a new section for
Accessory Dwelling Units. The City obtained a REAP
grant in 2021 for $18,232 to obtain a Civic Spark
13 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Fellow to conduct environmental justice outreach to
the community prior to a General Plan Update.

ED – 3 Continue to leverage redevelopment funds to
develop programs and initiatives that improve
the physical environment and business climate
within the project area
X EDD,
CDD
There has not been any work done to leverage
redevelopment funds due to the demise of
redevelopment.

ED – 4 Work with Modesto Junior College,
Stanislaus Alliance Worknet, other public
agencies, and private job training providers to
develop and refine job training programs that
meet the needs of private industry and
prospective businesses seeking to locate in
Riverbank
X EDD City staff continues to meet with Opportunity
Stanislaus, to identify existing businesses and
potential businesses that could benefit from their
programs and resources.

ED – 5 Identify opportunities to locate job training
sites in Riverbank. Most of the existing job
training and business assistance resources are
based in Modesto. If a major facility
development or expansion can be attracted to
Riverbank, opportunities should be explored
to base any resultant job training activities
within Riverbank.

X EDD,
CDD
No action necessary. The Community Development
Department will explore options for job training in
Riverbank as opportunities arise when new expansion
or development occurs. The recently approved Aeriz
project is expected to bring 400 jobs over 3 phases of
development to the city, including a job-training
program for the mentally challenged. Also, the
management of the Riverbank Industrial Complex has
now transferred from the City to Aemetis, a company
expected to construct a state-of-the-art biofuel plant in Riverbank and hire locally.

Action Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
14 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District ED – 6 Implement a business outreach program that
identified home-based businesses operating in
Riverbank
X EDD No action in 2021.

ED – 7 Implement a business outreach program that
prioritizes businesses and/or industry sectors
that constitute the most prominent sources for
jobs and fiscal revenue in Riverbank
X EDD No action in 2020.

Ed – 8 Assign City staff and personnel from
appropriate agencies to a “rapid response”
team that will respond to changes in the job
training and workforce development needs for
large employers in Riverbank
X All
Depts.

No Action in 2021.

Ed – 9 Develop specific marketing messages for
different industry sectors, based on
Riverbank’s strengths, market position, and
future growth opportunities
X EDD In 2021, the City continues to update the Oppsites webpage which list vacant and underutilized parcels.

ED – 10 Refine business attraction targets to include
business-to-business suppliers. Business
suppliers would potentially include material
distributors, services providers, and
component manufacturing.

X EDD No action in 2021.

ED – 11 Systematically track available land, and
available building vacancies. Continually
update the information and identify the most
efficient and cost-effective methods for
distributing the information, including webbased systems.

X CDD The Community Development Department utilizes the County’s Geographical Information Systems (GIS) to
track available land (vacant land) as well as
Oppsites.com, mentioned above.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
15 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District ED – 12 The City should contract with a sales tax
accounting firm to provide customized and
quarterly updated audits of the City’s sales tax
receipts
X EDD The City contracts with Avenu to conduct sales’ tax receipt audits.

ED – 13 Dedicate staff resources to tracking
employment and payroll trends, in order to
monitor progress toward community goals for
economic development
X EDD No Action in 2021.

ED – 14 Implement a residential survey that includes
information on where Riverbank residents
work and their occupations
X EDD No Action in 2021.

The City continues to participate in the Federal
Census which supplies information regarding
population, where residents work and their
occupations.

Ed – 15 Facilitate the formation of business district
committees, and assist those districts that wish
to further explore the benefits and
implementation steps for the creation of a
Business Improvement District
X EDD No action in 2021 due to a lack of interest by
businesses.

ED – 16 Proactively use the business outreach process
to identify priorities for business climate
improvement
X EDD No Action in 2021.

ED – 17 Include the redevelopment agency in any
efforts to improve the local business climate
within the redevelopment district
X EDD,
CDD
There has not been any work done to include the
redevelopment agency due to the demise of
redevelopment.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
16 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District ED – 18 Initiate a hotel/lodging feasibility study to
identify the types, numbers, and appropriate
locations of lodging facilities that Riverbank
could attract.

X EDD No Action in 2021 on a feasibility study but city staff has contacted known hotel developers and provided
them with information on building and zoning in
Riverbank
ED – 19 Prioritize business attraction initiatives in the categories identified in Goal ED-6.

X EDD In late 2015 the City adopted a Grease Interceptor Waiver Program and a Conditional Waiver to Install
Grease Interceptors Program to encourage restaurants
to locate in the downtown.

No Action in 2021.

ED – 20 Identify options and preferred alternatives for rail spur locations and potential relocations,
particularly as they pertain to the reuse of the
Riverbank Army Munitions site.

X CC, LRA The Riverbank Industrial Complex Specific Plan (Former Army Ammunitions Plant) was adopted by
City Council in March of 2013. The Plan identified
options in regards to the rail spurs in and out of the
Riverbank RAAP.

ED – 21 Initiate a retail leakage study in order to
identify retail and other local-serving
attraction opportunities that remain, and
project the future growth in household retail
demand and supportable establishments.

X EDD No Action in 2021.

ED – 22 Initiate a feasibility study that identifies
market opportunities for entertainment and
recreational uses in Riverbank, particularly as
they apply to creating an arts district in
downtown Riverbank.

X EDD No Action in 2021.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
17 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District ED – 23 Continue to identify and procure the necessary
funding to fully implement the streetscape
improvement plans identified in the
Downtown Revitalization Plan.

X F, EDD,
CDD
No Action in 2021, the City continues to implement
the Downtown Specific Plan adopted in 2015.

ED – 24 Continue to facilitate special events in
downtown Riverbank.

X P&R, F,
EDD
During 2021, the Parks and Recreation Department
held many successful events, which engaged the
community and encouraged them to get involved. The
largest event typically is the annual Riverbank Cheese
and Wine Festival and the celebration resumed in
2021.

ED – 25 Initiate a fiscal impact analysis that identifies fiscal costs and benefits associated with
specific types of development.

X F, EDD,
CDD
No Action in 2021.

ED – 26 Identify options such as Zoning Code
changes, corridor planning for older
commercial areas, and specific plans for new
growth areas that would implement and
promote mixed use development.

X CDD In 2019, the City annexed 380 acres of the Crossroads West Specific Plan, an area adjacent to west City
Limits. The Crossroads West Specific Plan features a
mixed-use type development with many types of land
uses including commercial (58 acres), residential
(2,100+ units), and parkland. In 2021, the City
approved a 298 unit tentative map, a 114 unit tentative map, and a 91 lot Final Map within this Specific Plan
area.

ED – 27 Prepare an urban design plan for downtown
Riverbank to compliment business attraction,
redevelopment strategies, and streetscape
improvements.

X CDD The Downtown Specific Plan was adopted in 2015
and includes urban design standards for the
Downtown area.

ED – 28 Continue to network with regional agencies as
part of the City’s economic development
program, and include Latino/Hispanic
business organizations as part of this strategy.

X EDD The City continues to network with regional agencies as part of the City’s economic development program.

No action necessary.

Implementation Action Timeframe Dept/ Status of Implementation 18 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Action
Number On-going
0 – 5
years
Agency
Conservation and Open Space Element
CONS-1 1) Require development projects and
subdivisions be consistent with, and
implement land use planning and greenhouse
gas emission reduction measures developed
pursuant to the regional Sustainable
Community Strategy. 2) Develop a
Sustainable Agricultural Strategy to minimize
the agricultural production loss to urban
development
X CDD,
CC, PC
This Action is ongoing. Development Projects, as
they are processed, are required to comply with the
County’s Sustainable Community Strategy.

CONS – 2 Adopt a “right-to-farm” ordinance that
informs residents of ongoing agricultural
practices at the edges of Riverbank and
protects farmers and other agriculture interests
from dumping, nuisance, complaints, and
other problems typically associated with new
residents on the City fringe.

X CDD No Action in 2021.

The City of Riverbank Sustainable Agricultural
Strategy was adopted by City Council in 2016.

CONS – 3 Seek funding to assist private owners in the
preservation of buildings and site of historic
importance
X CDD,
EDD
No Action in 2021.

CONS - 4 Seek funding for implementing energy
efficient improvement and utilities
infrastructure renewal projects
X CDD,
PW,
EDD
No Action in 2021.
19 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
Safety Element
SAFE – 1 Work with the Department of the Army to
ensure successful clean-up and reuse of the
decommissioned Riverbank Ammunition
Plant
X The Riverbank RAAP was selected for closure as part
of the Base Realignment and Closure (BRAC) plan of
2008.

The City continues to work with the Department of
the Army and the Federal Environmental Protection
Agency to ensure the successful clean-up and reuse of
the plant. In November of 2013, the Riverbank
Industrial Complex Specific Plan was adopted by City
Council. In 2017 PCB clean-up was completed at the
site. In 2021, Land transfer discussions between the
Department of the Army and the City of Riverbank
continued. the City has finalized a contract with a
Master Developer, Aemetis, to develop the existing
and remaining parcels of the site.

SAFE – 2 Implement and periodically update disaster
plans, including the City’s Emergency
Operations Plan
X CDD,
EDD
In 2016 the City updated and adopted its Emergency
Operations Plan.

In 2021 City department leaders met with Office of
Emergency Services.

SAFE – 3 Will coordinate with public safety service
providers serving the City to ensure proper
training and disaster preparedness and
periodic testing of equipment and facilities
X In 2021 City department leaders met with the OES
and participated in health and safety measures
considering the 2021 Covid-19 pandemic.
20 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District SAFE – 4 Support the purchase and maintenance of
proper emergency communication systems
and equipment and other necessary tools
dealing with emergencies.

X No Action in 2021.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
Noise Element
NOISE – 1 Update implementing ordinances related to
noise consistent with the policies of this
element and City redevelopment and
revitalization planning

X CC, PC,
CDD
This action has not been implemented due to the
demise of Redevelopment. The Community
Development Department, City Council and Planning
Commission will continue to implement the Noise
element on a project-by-project basis, ensuring that
specific projects do not affect adjacent land uses that may be sensitive, such as schools and residential.

NOISE – 2 Ensure that personnel charged with enforcing
such ordinances are properly trained and
equipped for on-site measurement techniques
and other necessary tasks
X CDD Depending on the Project, a Noise Analysis may be commissioned to ensure that the project is consistent
with the Noise Element of the General Plan and any
applicable ordinances. This may be done in-house or
by an outside consultant.

NOISE – 3 Coordinate with StanCOG and Caltrans to
ensure transportation planning and
improvement programs are consistent with
this element

X CC, PC,
CDD
The City Council, Planning Commission and
Community Development Department will continue to
work with StanCOG and Caltrans to ensure
transportation planning and programs are consistent
with the Noise Element.

Public Services and Facilities Element
21 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District PUBLIC – 1 Coordinate with area reclamation districts,
Stanislaus County, the City of Modesto, and
other agencies and jurisdictions for planning
and coordinating drainage programs and
policies on an area wide and regional basis.

X CDD The City continues to participate in the Storm
Drainage partnership with multiple local agencies to
address state requirements for storm water.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
PUBLIC – 2 Develop a park master plan that describes the standards, design, land requirements,
locations, planning, and funding to support the
City’s existing and future park system
X P&R In 2021, the Parks Master Plan was adopted.

PUBLIC – 3 Update the water, wastewater, and stormwater drainage master plans at least every five years
to ensure the appropriate level of service is
maintained as the City grows, and to ensure
that appropriate projects include a capital
improvements planning and can be funded
Complet
e, 2015
CDD The City’s 2020 Urban Water Management Plan was
adopted by City Council on October 26, 2015.

PUBLIC – 4 Coordinate with the United States Postal
Service and other public agencies serving
Riverbank, regarding needs for expansion,
satellite locations, and other issues related to
land use planning
X CDD The City has ongoing contact with the Post Office in regards to the locations of gang mail boxes in new
subdivisions. Addresses in the 2019 annexation area
are still Modesto addresses. Staff is working with Rep.

Josh Harder’s office to change them to Riverbank
addresses.

Air Quality Element
AIR – 1 Develop a program to reduce daily emissions
of nitrogen oxides
X CDD No Action in 2021. The City continues to consult with the San Joaquin Valley Air Pollution Control District
(SJVAPCD) whom enforces federal air quality
standards.
22 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District AIR – 2 Develop a local greenhouse gas reduction
program
X CDD No Action in 2021. The City continues to consult with the SJVAPCD which enforces federal greenhouse gas
reduction programs.

Action
Number Implementation Action
Timeframe
Dept/
On-going Agency Status of Implementation
0 – 5
years
AIR – 3 Pursue and use State and Federal funds
earmarked for bicycle and transit
improvements, transit-oriented planning and
development, and other planning and
improvement grant programs intended to
encourage alternatives to automobile
transportation
X CDD,
EDD, F
The City continues to pursue and use State and
Federal funds earmarked for the programs listed in
AIR-3.

AIR – 4 Coordinate with local irrigation districts, the County, Caltrans, and other interested parties
to develop bikeways and pedestrian paths
along canals, abandoned railroad lines, and
other easements and rights-of-ways
X CDD,
P&R
The Community Development Department has been in
discussion with Hetch-Hetchy Water and Power to
develop a dog park or multi-use path on SFPUC
Right-of-Way.

No Action in 2021.

AIR – 5 Develop planning strategies and supportive
ordinances addressing Downtown Riverbank
and West Riverbank
X CDD The City annexed the Crossroads West Plan Area in June 2019 and new Tentative Map applications and
Improvement Plans have been submitted for 421
homes in West Riverbank.

AIR – 6 In planning and budgeting for transportation
infrastructure, before considering constructing
more roadway capacity, the City of Riverbank
will consider measures to increase the
capacity of the existing road network

X CC, PC,
CDD,
PW,
ENG
The Community Development Department, Public
Works Department and Engineering will continue to
consider measures to increase the capacity of the
existing road network prior to considering
constructing more roadway capacity. City Staff is
currently revising the City’s Standard Street Widths,
23 Agency Codes
City of Riverbank & Local_________ Regional, State, Federal and Private_________________________ CC City Council PW Public Works Dept StanCOG Stanislaus Council Of Governments CM City Manager F Finance Department SC Stanislaus County PC Planning Commission EDH Economic Development and Housing DOT Caltrans CDD Community Development Department P&R Parks and Recreation MID Modesto Irrigation District ENG Engineering Department EDD Economic Development Department CEPA California Environmental Protection Agency LRA Local Redevelopment Agency OES Office of Emergency Services SJVAPCD San Joaquin Valley Air Pollution Control District which will incorporate DOT’s directive of Complete
Streets and LID Standards (MS4 Requirements).

Action
Number Implementation Action
Timeframe
Dept/
On-going On-going Agency Status of Implementation
AIR – 7 Coordinate with transit providers on the
portion of long-range transit plans serving
Riverbank and accommodate necessary
facilities such as bus pull-outs, bus shelters,
information kiosks, street furniture, lighting,
etc.

X CDD The Community Development Department continues
to consider transit plans serving Riverbank for new
development.

AIR – 8 Require project proponents to prepare health
risk assessments in accordance with Air
District-recommended procedures as part of
environmental review when the proposed
industrial process has associated air emissions
that have been designated by the State as a
toxic air contaminant or, similarly, by the
federal government as a hazardous air
pollutant
X CDD The Community Development Department will
continue to work with SJVAPCD to ensure that new
projects are mitigating air quality impacts. Air
Emissions are calculated and reviewed by SJVAPCD.
24 2021 General Plan Annual Progress Report
Exhibit B: Housing Element Annual Progress Report – 2021 Reported Data – January 1, 2021 – December 31, 2021
Jurisdiction Riverbank ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 437 437 437 0 062-035-036 6128 Beagle Dr. Countryside I BP21-0048 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-037 6132 Beagle Dr. Countryside I BP21-0049 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-038 6136 Beagle Dr. Countryside I BP21-0050 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 065-035-039 6140 Beagle Dr. Countryside I BP21-0051 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-040 6144 Beagle Dr. Countryside I BP21-0052 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-041 6148 Beagle Dr. Countryside I BP21-0053 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-042 6152 Beagle Dr. Countryside I BP21-0054 SFD O 2/9/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-016 4229 Labrador
Ln. Countryside I BP21-0131 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-015 4223 Labrador
Ln. Countryside I BP21-0132 SFD O 3/26/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-017 4225 Labrador
Ln. Countryside I BP21-0133 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-018 4221 Labrador
Ln. Countryside I BP21-0134 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-019 4217 Labrador
Ln. Countryside I BP21-0135 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-020 4213 Labrador
Ln. Countryside I BP21-0136 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-021 4209 Labrador
Ln. Countryside I BP21-0137 SFD O 3/29/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-025 6117 Airedale
Way Countryside I BP21-0269 SFD O 5/17/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-026 6113 Airedale
Way Countryside I BP21-0270 SFD O 5/17/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-027 6109 Airedale
Way Countryside I BP21-0271 SFD O 5/17/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-028 6105 Airedale
Way Countryside I BP21-0272 SFD O 5/17/2021 0 0 0 0 0 0 1 1 1 0 No No 062-035-0032 4248 Corgi Way Countryside I BP21-0348 SFD O 6/18/2021 0 0 0 0 0 0 1 1 1 0 No No 132-035-033 4252 Corgi Way Countryside I BP21-0349 SFD O 6/18/2021 0 0 0 0 0 0 1 1 1 0 No No 132-022-034 4256 Corgi Way Countryside I BP21-0350 SFD O 6/18/2021 0 0 0 0 0 0 1 1 1 0 No No 132-022-035 4260 Corgi Way Countryside I BP21-0351 SFD O 6/18/2021 0 0 0 0 0 0 1 1 1 0 No No 074-023-003 2110 Starwood
Dr.

Parkwoods - CW
Unit 1 BP21-0502 SFD O 9/7/2021 0 0 0 0 0 0 1 1 1 0 No No 074-023-004 2114 Starwood
Dr.

Parkwoods - CW
Unit 1 BP21-0503 SFD O 9/7/2021 0 0 0 0 0 0 1 1 1 0 No No Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 Jurisdiction Riverbank ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6 8
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
Summary Row: Start Data Entry Below 0 0 0 0 0 0 387 387 0 0 0 0 0 0 47 062-035-036 6128 Beagle Dr. Countryside I BP21-0048 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/25/2021 062-035-037 6132 Beagle Dr. Countryside I BP21-0049 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/25/2021 062-035-038 6136 Beagle Dr. Countryside I BP21-0050 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/25/2021 065-035-039 6140 Beagle Dr. Countryside I BP21-0051 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/18/2021 062-035-040 6144 Beagle Dr. Countryside I BP21-0052 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/18/2021 062-035-041 6148 Beagle Dr. Countryside I BP21-0053 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/18/2021 062-035-042 6152 Beagle Dr. Countryside I BP21-0054 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2/18/2021 062-035-016 4229 Labrador Ln. Countryside I BP21-0131 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/14/2021 062-035-015 4233 Labrador Ln. Countryside I BP21-0132 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/14/2021 062-035-017 4225 Labrador Ln. Countryside I BP21-0133 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/14/2021 062-035-018 4221 Labrador Ln. Countryside I BP21-0134 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/14/2021 062-035-019 4217 Labrador Ln. Countryside I BP21-0135 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/15/2021 062-035-020 4213 Labrador Ln. Countryside I BP21-0136 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/15/2021 062-035-021 4209 Labrador Ln. Countryside I BP21-0137 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4/15/2021 062-035-025 6117 Airedale Way Countryside I BP21-0269 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8/26/2021 062-035-026 6113 Airedale Way Countryside I BP21-0270 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8/26/2021 062-035-027 6109 Airedale Way Countryside I BP21-0271 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8/26/2021 062-035-028 6105 Airedale Way Countryside I BP21-0272 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8/26/2021 062-035-0032 4248 Corgi Way Countryside I BP21-0348 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 6/28/2021 132-035-033 4252 Corgi Way Countryside I BP21-0349 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 6/28/2021 132-022-034 4256 Corgi Way Countryside I BP21-0350 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 6/28/2021 132-022-035 4260 Corgi Way Countryside I BP21-0351 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 6/28/2021 074-023-003 2110 Starwood Dr. Parkwoods - CW
Unit 1 BP21-0502 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 9/14/2021 074-023-004 2114 Starwood Dr. Parkwoods - CW
Unit 1 BP21-0503 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 9/14/2021 074-023-005 2118 Starwood Dr. Parkwoods - CW
Unit 1 BP21-0504 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 9/14/2021 074-023-002 2106 Starwood Dr. Parkwoods - CW
Unit 1 BP21-0508 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 9/15/2021 074-028-079 5518 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0563 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 074-023-080 5522 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0564 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 074-023-081 5526 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0565 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 074-023-082 5530 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0566 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 074-023-083 5534 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0567 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 074-023-084 5538 Harwood Ln. Parkwoods - CW
Unit 1 BP21-0568 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 074-023-085 5539 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0569 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 074-023-086 5535 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0570 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 074-023-087 5531 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0571 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/15/2021 Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits 4 7
Jurisdiction Riverbank ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
074-023-088 5527 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0572 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 074-023-089 5523 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0573 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 740-230-090 5519 Fig Tree Way Parkwoods - CW
Unit 1 BP21-0574 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12/1/2021 062-035-022 4205 Labrador Ln. Countryside I BP21-0593 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 062-035-023 4201 Labrador Ln. Countryside I BP21-0594 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 062-035-024 6121 Airedale Way Countryside I BP21-0595 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 062-035-029 6101 Airedale Way Countryside I BP21-0596 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 062-035-030 4240 Corgi Way Countryside I BP21-0597 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 062-035-031 4244 Corgi Way Countryside I BP21-0598 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11/1/2021 074-006-016 1901 Morrill Road CWSP Harrigfeld
Tentative Map
TM 02-2022 -
Planning File No. 20-
0020
SFD O 0 0 0 0 0 0 298 2/16/2021 298
062-022-026 4007 Kentucky
Ave.

Riverbank Enclave
Tentative Map
TM 01-2020 -
Planning File No. 20-
0011
SFD O 0 0 0 0 0 0 18 6/15/2021 18
062-022-020 4131 Kentucky
Ave. Countryside III
RZ to PD 01-2020,
VTM 03-2020,
ASPR 05-2020 -
Planning File No. 20-
0024
SFD O 0 0 0 0 0 0 22 8/17/2021 22
062-020-001 6448 Claus Rd.

The Heritage
Collection of Sierra
Street
RZ to PD 01-2021,
TM 01-2021, ASPR
02-2021 - Planning
File No. 21-0005
SFD O 0 0 0 0 0 0 47 8/17/2021 47
132-040-063 3531 Kentucky
Ave. Infill BP20-0406 2 to 4 O 2 4/20/2021 2 0 0 0 0 0 0 2 4/20/2021 132-051-017 2949 Ross Ave. Replacement BP17-0357 SFD O 0 0 0 0 0 0 0 132-048-048 3940 Sierra St. Replacement BP19-0209 SFD O 0 0 0 0 0 0 0 062-035-012 4268 California
Ave. Countryside I BP20-0438 SFD O 0 0 0 0 0 0 0
062-035-011 4264 California
Ave. Countryside 1 BP20-0437 SFD O 0 0 0 0 0 0 0
062-035-010 4260 California
Ave. Countryside I BP20-0436 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 075-073-011 5300 Darpinian Ct. Infill BP19-0455 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-009 4256 California
Ave. Countryside I BP20-0435 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-008 4252 California
Ave. Countryside I BP20-0519 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-007 4248 California
Ave. Countryside I BP20-0518 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-006 4244 California
Ave. Countryside I BP20-0569 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-004 4236 California
Ave. Countryside I BP20-0567 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-005 4240 California
Ave. Countryside I BP20-0568 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-003 4232 California
Ave. Countryside I BP20-0566 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 062-035-002 4228 California
Ave. Countryside 1 BP20-0565 SFD O 0 0 0 0 0 0 0 0 0 0 0 0 0 132-047-065 3942 Patterson Rd. Infill BP21-0185 ADU R 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7/22/2021 Jurisdiction Riverbank ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - 33 - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - 38 - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 536 52 - 13 40 18 25 47 - - 195 341
1,280
52 71 13 40 18 25 47 - - 266 1,014
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 168
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 217
33 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
321
206
217
Please contact HCD if your data is different than the material supplied here 38 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
288
Jurisdiction Riverbank
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1a
The City shall revise, as needed, the
amount of land designated for various
residential uses in conjunction with the
amount of and types of housing
produced in the previous year to
determine if any changes in the General
Plan and Zoning Ordinance may be
needed to meet the City's Housing
Needs.
2014-2023
The City has sufficent land within their Sphere of Influence to accommodate the City's Housing needs. The City annexed 404 acres of land into City limits in 2019 and expects +/- 2,100 housing units with this project. In addition, the City is currently processing an Annexation and Specific Plan application for a project called River Walk, which intends to construct +/- 2,500 units of housing (80% senior).

Program 1.1b Annexation and Prezone of the
Crossroads West Specific Plan Area. By End of Year 2017. Stanislaus County LAFCO approved the annexation of the Crossroads West Specific Plan Area into the City in June 2019.

Program 1.2a; Program

1.2b
Track changes in land availability and
accomplishments in multi-family
development in order to determine if
further rezoning is necessary to better
facilitate high-density developments.

On-Going
In 2021, the City continued to partcipate in 'Oppsites' online, which lists available, vacant and/or underutilized sites within the City. The City has been responsive to inquiries regarding these sites, and will continue to participate throughout the cycle.

Program 2.1a
Seek assistance from non-profit
developers to develop homes for lowerincome families. On-Going As a second-year member of Stanislaus Urban County, the City is working with Self-Help Enterprises to create affordable housing options and/or assistance through two CDBG programs: the Homebuyers Downpayment Assistance Program and the Housing Rehabilitation Program.

Program 2.1b
Continue to assist developers in the
development of extremely low, very low,
and low income housing in the grant
preparation process to help fund their
developments.

On-Going The City did not receive any applications for affordable housing in 2021. Further, the City did not receive any grants for affordable housing in 2021.

Program 2.1c; Program

2.1d
Encourage developers to include
second dwelling units in new
subdivisions.

On-Going
All applicants of new developments receive a copy of the City's Accessory Dwelling Unit regulations. Further, the Planning and Building Manager shares this information at Developer meetings held early in the design process. In addition, the City is developing an ordinance to permit and regulate Tiny House Villages, expected to be adopted in 2022.

Program 2.1e; Program

2.1f Housing for Farmworkers On-Going
The City received an SB2 grant award to develop fully engineered accessory dwelling unit plans sets (8) to be given to our citizens for free. It will encourage homeless, farmworker, senior, and aged-out foster child housing.

Program 2.1g; Program

2.1h

2.1g: Updates to the R-1 and R-2 Zoning
Districts to include Transitional and
Supportive Housing; 2.1h: Amend
Zoning Ordinance to comply with Health
and Safety Code 17021.5 and 17021.6
and allow farmworker housing in the R1 Zoning District. 12/31/2017 These items were completed in 2017.

Program 2.1i
The City shall refer residents to the
Valley Mountain Regional Center for
housing and services available to
persons with developmental disabilities
On-Going
As needed, the City will refer residents to the Valley Mountain Regional Center.

The City has not yet pursued Stated and Federal monies for direct support of housing construction and rehabilitation specifically targeted for housing for persons with developmental disabilities.

Program 2.1j
The City shall encourgae housing
development within the General Plan
Infill Opportunity Area and specifically,
sites designated Mixed Use.

On-Going
As development applications are received, the City will encourage and provide opportunies for development within the Infill Opportunity Area. Further, in 2021, the City continued to update its profile on Oppsites.com, which features areas of the City that are undeveloped or underutilized. Many of the sites listed are infill areas of opportunity.

Program 2.1k
Participation in the Stanislaus County
and Support Service Collaborative and
the Contnuum of Care to help address
homless needs in Riverbank and
Stanislaus County.

On-Going
The City of Riverbank continues to participate in the Stanislaus County Housing and Support Collaboration and the Continuum of Care to help address homeless needs in Riverbank and Stanislaus County.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Program 2.2a; Program

2.2b
No net loss of Housing Units within the
Downtown Specific Plan Area. Work
with developers and Non-Profit
Providers on the implementation of
Downtown Specific Plan.

On-Going
The City continues to work with developers seeking to redevelop property within the Downtown Specific Plan Area. Further, the City continues to encourage two to one replacement of any existing housing units displaced by redevelopment projects in Downtown Area. In 2021, there were no projects within the Downtown Specific Plan Area that displaced any housing units.

Program 2.2c
The City shall encourage the
development of new housing of upper
stories and mixed-use buildings in the
Downtown Core area of the Specific
Plan.

On-Going In 2021, the City worked with various developers interested in the Downtown Specific Plan Area and encouraged mixed-use development within the City.

Program 3.1a
Continue to promote the use of Planned
Development zones for developers who
wish to deviate from setback, parking,
or other standards which may limit their
ability to develop at a desired density.

On-Going
The City continues to work with developers who seek to use Planned Development Zones to deviate from City Standards to create more economically feasible projects. The City received and processed applications for new Tentative Maps: Riverbank Enclave (18 units), Countryside 3 (22 units), the Harrigfeld property (298 units), Crossroads West Unit 2 (114 units), and the Heritage Collection (47 units).

Program 3.1b Waive fees for General Plan
Amendments which increase density. On-Going The City did not receive any General Plan Amendment Applications in 2021.

Program 3.1c
Utilize computer software to help fasttrack building permits, saving both developer and staff time.

On-Going
The City is using 2021 LEAP grant monies to obtain iWorQ Systems' cloud based permit processing software to streamline our development processes, including online submittals and payments. The system will be fully functional in 2022.

Program 3.1d Parking as a development constraint On-Going The City continues to work with developers who state that parking standards are a constraint for development. The City is working to lower or exempt parking for Tiny House Villages.

Program 3.1e System development fee deferral 3/31/2016 This program was completed in 2016. Upon request, the City will defer Building Permit fees and System Development Fess from Permit issuance to Permit final.

Program 4.1a-c
Continue to actively seek State and
Federal Funding for the rehabilitation of
homes.

On-Going
As a two-year member of Stanislaus Urban County, the City is working with SelfHelp Enterprises to create affordable housing options and/or assistance through two CDBG programs: the Homebuyers Program and the Housing Rehabilitation Program.

Program 4.2a Discourage land division of sites
currently zoned high-density residential On-Going The City did not receive a development application to divide land currenly zoned for high density residential in 2021.

Program 4.2b
Monitor any units which may be deemed
at-risk for conversion into market-rate
housing.

On-Going No units in 2020 were at risk of being converted from affordable to market rate.

Program 5.1a Continue to promote equal housing for
ALL persons On-Going
The City continues to disseminate information in a variety of ways regarding rehabilitation and first-time homebuyer programs. The City also continues to maintain information on State and Federal fair housing laws at City Hall South.

Any discussion with the public where a victim of housing discrimination is identified is referred to the appropriate agency for assistance.

Program 5.1b
Maintain the draft General Plan Housing
Element Review on the City's Website.

Develop an evaluation matrix to
determine the consistency between the
Housing Element policies and programs
and other Elements of the General Plan.

On-Going
The 2021 Housing Element Annual Progress Report will be posted on the City website. In addition, the Planning Commision and City Council will review the Annual Progress Report at regularly scheduled public hearings. Staff continues to develop a consistency matrix.

Program 6.1a-c Continue to implement state energyefficient standards On-Going The City enforces the 2019 California Building Code which implements state standards.

Page 1 of 3 ends

Item 11.3 – CC/LRA – 03/22/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: March 8, 2022
Subject: Resolution to (1) Rescind Resolution 2021-104; (2) Declare APN 132- 012-024 Located at the Northeast Corner of 3rd Street & Stanislaus Street as Exempt Surplus Land under the Surplus Land Act; (3) Approve the Sale of Said Property to the Stanislaus Regional Housing Authority Pursuant to a Purchase and Sale Agreement
From: Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution which will declare the following:
(1) Rescind Resolution 2021-104;
(2) Declare APN 132-012-024 Located at the Northeast Corner of 3rd Street & Stanislaus Street as Exempt Surplus Land under the Surplus Land Act; (3) Approve the Sale of Said Property to the Stanislaus County Housing Authority Pursuant to a Purchase and Sale Agreement.

SUMMARY
On October 26, 2021 the City Council adopted Resolution 2021-104 which declared the city-owned parcel located at the Northeast corner of 3rd & Stanislaus (APN 132-012-024) as Surplus Land. At that time the City’s intent was to declare the property exempt under the Surplus Land Act and proceed with a 60-day required Notice of Availability. After further legal review, it was determined that the City can declare this property as Exempt Surplus Land thereby avoiding the 60-day notification period. Tonight’s action will rescind the prior Resolution and declare the property Exempt.

BACKGROUND
The City of Riverbank has owned the parcel on the Northeast corner of 3rd Street and Stanislaus Street for many years (see Exhibit A). The parcel has traditionally operated as a parking lot. The parking lot gets minimal use, periodic use by City Hall South staff, and also overflow parking use during large events (Cheese and Wine Festival, Christmas Parade, etc.). Generally, the parking lot sees little use during other normal times. The parking lot contains off-street parking spaces and has not been slurry sealed or upgraded

Page 2 of 3 ends

Item 11.3 – CC/LRA – 03/22/2022
in many years. In recent years discussions have been had about whether other locations within the downtown would be more appropriate for off-street parking use.

The City has been approached by the Stanislaus Regional Housing Authority inquiring about the possibility of acquiring the parcel to develop a small Senior Center on the lot.

The Housing Authority owns and operates numerous affordable senior housing apartments within the downtown area including a large-scale project immediately adjacent to the parcel. In fact, the administrative offices of the Riverbank portion of the Housing Authority are located right next to the parking lot. A Senior Center at this location could provide much needed additional facilities for our Senior Citizens and the residents of the Housing Authority within the downtown. Currently (other than the Community Center) no local facilities for gathering exist for the senior population. Exhibit B of this staff report details the design concept being proposed by the Housing Authority.

SURPLUS LAND ACT
Section 54221 (b)(1) of the Act defines "surplus land" as "land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use." Under the Act, land must be declared "either 'surplus land' or 'exempt surplus land,' as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures." Section 54221(c)(1) defines "agency's use" to include, but not be limited to, "land that is being used, is planned to be used pursuant to a written plan adopted by the local agency's governing board for, or is disposed to support ... agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants." Notably, "agency's use" does not include "commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development"; nor does it include "property disposed of for the sole purpose of investment or generation of revenue." Govt. C. § 54221 (c)(2)(A).

Here, the Property is undeveloped and not necessary for the City's use. It is, therefore, surplus land. Certain types of surplus land, however, depending on the recipient of the transfer, are exempt from application of the Act and its procedural requirements prioritizing the development of affordable housing. For example, surplus land that "a local agency is transferring to ... another local, state, or federal agency for the agency's use" renders the land "exempt surplus land." Govt. C. § 54221 (f)(1)(D). Here, if the City sells the property to the Stanislaus Regional Housing Authority, the property is exempt surplus land, and the Act therefore does not apply. See Govt. C. § 54222.3 ("This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency.")

STRATEGIC PLAN
This item is related to the City Council’s Strategic Plan Goal to “Enhance Quality of Life.” Council established an objective to “seek ways to provide amenities and facilities to

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Item 11.3 – CC/LRA – 03/22/2022
underserved/aging neighborhoods.” By allowing this property to be deemed exempt surplus land and negotiating a Land Purchase and Sale Agreement with the Stanislaus Regional Housing Authority, the City Council will achieve this objective as our senior residents do not currently have a dedicated senior center.

FINANCIAL IMPACT
No direct financial impact as a result of declaring the parcel as Exempt Surplus Land.

Sale of the land will be negotiated with the Stanislaus Regional Housing Authority.

ATTACHMENT

1. Draft City Council Resolution 2022-

2. Exhibit A – Parcel Map

3. Exhibit B – Housing Authority Proposal

4. Land Purchase and Sale Agreement - DRAFT

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CC/LRA – 03-22-2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, (1) RESCINDING RESOLUTION 2021-104; (2) DECLARING APN 132-012-024 AS EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT; (3) APPROVING THE SALE OF SAID PARCEL TO

THE STANISLAUS REGIONAL HOUSING AUTHORITY
WHEREAS, The City of Riverbank, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is an owner in fee simple of one (1) parcel of real property located at the Northeast corner of 3rd Street and Stanislaus Street (APN 132-012-024) as identified in Exhibit A, attached hereto and made a parte hereof (the “Property”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54233 (“Act”), surplus land is owned in fee simple by the City for which the City must take formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and
WHEREAS, the Property, in the aggregate is approximate .22 acres in size and is vacant and not currently being used by the City; and
WHEREAS, City staff has evaluated the Property for their potential to be used for City work or operation, but has determined that the Property is not suitable for the City’s use, and therefore desires that the Property be declared surplus; and WHEREAS, because the property is being sold to the Stanislaus Regional Housing Authority, it is “exempt surplus land” exempt from all requirements under the Act; and WHEREAS, the Stanislaus Regional Housing Authority has provided the City of Riverbank with a Land Purchase and Sale Agreement with a purchase price of $122,000; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby declare as follows:

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CC/LRA – 03-22-2022
CC Resolution 2022-
SECTION 1. Findings. The City Council finds that all of the preceding background facts, including but not limited to the fact that the Property is “exempt surplus land” under section 54221(f)(1)(D), are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

SECTION 2. Approval of Land Purchase and Sale Agreement. The City does hereby approve the Land Purchase and Sale Agreement.

SECTION 3. Authorization. The Interim City Manager, or designee, is hereby authorized to execute and approve any required agreement or documents facilitating the sale and disposition of the Property to the Stanislaus Regional Housing Authority.

SECTION 4. CEQA. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15312, because the proposed action is a sale of surplus government property.

SECTION 5. Certification. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Kathy Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A – Parcel Map
EXHIBIT A: PARCEL MAP

February 28, 2022
City of Riverbank
6707 Third St.

Riverbank, CA 95367
Attention: Marisela Garcia
Dear Ms. Garcia:

The Riverbank Housing Authority (Housing Authority) plans on developing a community center as an improvement for the property APN 132-012-024. The property is directly adjacent to the existing Housing Authority Office located at 3309 Stanislaus Street, Riverbank. The improvement to the lot will serve as the Housing Authority office extension and community room. The current design concept consists of a 1500 SF community room that connects to the existing Housing Authority Office and includes restrooms, kitchenette and ADA accessibility features. The property will not contain residential units but will provide Community Center space and resources for the existing Public Housing tenants and will also be available for the City of Riverbank to use for meetings. Should any questions arise, please contact Jim Kruse at [email protected].

Sincerely,
Jim Kruse
Executive Director
Approved by TL 6/18/2021

STANDARD LAND

PURCHASE AND SALE AGREEMENT
(With Contingencies)
The parties make this Agreement this 17 day of June, 2021 . This Agreement supersedes and replaces all obligations made in any prior Contract to Purchase or agreement for sale entered into by the parties.

1. Parties.

City of Riverbank the "SELLER," agrees to sell and Stanislaus Regional Housing Authority, the "BUYER," agrees to buy, the premises described in paragraph 2 on the terms set forth below. BUYER may require the conveyance to be made to another person or entity ("Nominee") upon notification in writing to SELLER at least five business days prior to the date for performance set forth in paragraph 5. Designation of a Nominee shall not discharge the BUYER from any obligation under this Agreement and BUYER hereby agrees to guarantee performance by the Nominee.

2. Description of Premises. The premises (the "Premises") consist of the land containing approximately

0.22 acres, more or less, described (address and APN) 3 rd Street, Riverbank, CA 95367 APN# 132-012-024 .

3. Purchase Price/Offer . The purchase price for the Premisesis $ (dollars) of which $ 0.00 (dollars) were paid as a deposit with Contract to Purchase; and are paid with this Agreement; and $ are to be paid at the time for performance by bank, cashier's or certified check or by wire.

For a Total of $ (dollars).
(a) Close of escrow shall occur on _______________(date) or 30 Days After Acceptance

4.Escrow and Title:

1. (a) X Buyer X Seller shall pay for escrow fee ½ Buyer ½ Seller . (b) Escrow holder shall be Chicago Title 1700 Standiford Ave, #110 Modesto, CA 95350 . (c) The Parties shall, within 5 (or ) Days After receipt, sign and return Escrow Holder's general provisions

2. (a) Buyer Seller shall pay for owner's title insurance policy (b) Owner's title policy to be issued by .
(Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing)

5. Other Cost
(1) Buyer x Seller shall pay for County transfer tax or fees . (2) Buyer x Seller shall pay for City transfer tax or fees . (3) Buyer Seller shall pay Homeowners' Association (HOA) transfer fee N/A . (4) Seller shall pay HOA fees for preparing all documents required to be delivered by CALIFORNIA CIVIL CODE SECTION 4525

6. Closing and Possession: Possession shall be delivered to Buyer: (i) at 6 PM or ( AM/PM) on the date of Close of Escrow; (ii) no later than calendar days after Close of Escrow; or (iii) at AM/PM on .

The Property shall be unoccupied, unless otherwise agreed in writing, Seller shall provide keys and/or means to operate all property locks following the date for performance, provided that the recording attorney has not reported a problem outside the recording attorney's control.

BUYER'S Initials BUYER'S Initials BUYER’S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initial DRAFT
Approved by TL 6/18/2021

7. Title/Plans. The SELLER shall convey the Premises by a good and sufficient quitclaim / deed running to the BUYER or to the BUYER'S nominee, conveying good and clear record and marketable title to the Premises, free from liens and encumbrances, except:
(a) Real estate taxes assessed on the Premises which are not yet due and payable; (b) Betterment assessments, if any, which are not a recorded lien on the date of this Agreement; (c) Federal, state and local laws, ordinances, bylaws, rules and regulations regulating use of land, including building codes, zoning bylaws, health and environmental laws; (d) Any easement, restriction or agreement of record presently in force which does not interfere with the reasonable use of the Premises;
(e) Utility easements in the adjoining ways;
(f) Matters that would be disclosed by an accurate survey of the Premises; and(g) [insert in (g) references to any other easement, restriction, lease or encumbrance which may continue after title is transferred] If the deed refers to a plan needed to be recorded with it, at the time for performance the SELLER shall deliver the plan with the deed in proper form for recording or registration.

8. Title Insurance. BUYER'S obligations are contingent upon the availability (at normal premium rates) of an owner's title insurance policy insuring BUYER'S title to the premises without exceptions other than the standard exclusions from coverage printed in the current American Land Title Association ("ALTA") policy cover, the standard printed exceptions contained in the ALTA form currently in use for survey matters and real estate taxes (which shall only except real estate taxes not yet due and payable) and those exceptions permitted by paragraph 6 of this Agreement.

9. Closing Certifications and Documents. The SELLER shall execute and deliver simultaneously with the delivery of the deed such certifications and documents as may customarily and reasonably be required by the BUYER'S attorney, BUYER'S lender, BUYER'S lender's attorney or any title insurance company insuring the BUYER'S title to the Premises, including, without limitation, certifications and documents relating to: (a) parties in possession of the Premises; (b) the creation of mechanics' or materialmen's liens; (c) the underlying financial terms of the purchase and sale; (d) the citizenship and residency of SELLER; and (e) information required to permit the closing agent to report the transaction to the Internal Revenue Service. At the time of delivery of the deed, the SELLER may use monies from the purchase to clear the title, provided that all documents related thereto are recorded with the deed or within a reasonable time thereafter acceptable to the BUYER and, provided further, that discharges of mortgages from banks, credit unions, insurance companies and other institutional lenders may be recorded within a reasonable time after recording of the deed in accordance with usual conveyancing practices. The SELLER'S spouse hereby agrees to release all statutory, common law or other rights or interest in the Premises and to execute the deed, if necessary.

10. Possession and Condition of Premises. At the time for performance the Premises also shall comply with the requirements of paragraph 6 and there shall be no outstanding notices of violation of any zoning, health, environmental or other law, bylaw, code or regulation, except as agreed. The BUYER shall have the right to examine the Premises within forty-eight (48) hours prior to the time for performance or such other time as maybe agreed and upon reasonable notice to SELLER for the purpose of determining compliance with this paragraph.
2 BUYER'S Initials BUYER'S Initials BUYER’S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials DRAFT
Approved by TL 6/18/2021

11. Extension of Time for Performance. If the SELLER cannot convey title as required by this Agreement or cannot deliver possession of the Premises as agreed, or if at the time of the delivery of the deed the Premises do not conform with the requirements set forth in this Agreement, upon written notice given no later than the time for performance from either party to the other, the time for performance shall be automatically extended for thirty (30) days, except that if BUYER'S mortgage commitment expires or the terms will materially and adversely change in fewer than thirty (30) days, the time for performance set forth in paragraph 5 shall be extended to one business day before expiration of the mortgage commitment. SELLER shall use reasonable efforts to make title conform or to deliver possession as agreed, or to make the Premises conform to the requirements of this Agreement. Excluding discharge of mortgages and liens, about which the SELLER has actual knowledge at the time of signing this Agreement, the SELLER shall not be required to incur costs or expenses totaling in excess of ($5,000.00) to make the title or the Premises conform or to deliver possession as agreed. If at the expiration of the time for performance, or if there has been an extension, at the expiration of the time for performance as extended, the SELLER, despite reasonable efforts, cannot make the title or Premises conform, as agreed, or cannot deliver possession, as agreed, then, at the BUYER'S election, any payments made by the BUYER pursuant to this Agreement shall be immediately returned. Upon return of all such funds, all obligations of the BUYER and SELLER shall terminate and this Agreement shall automatically become void and neither the BUYER nor SELLER shall have further recourse or remedy against the other.

12. Acceptance of Deed. The BUYER shall have the right to accept such title to the Premises as the SELLER can deliver at the time for performance and if extended, shall have such right at the time for performance, as extended.

The BUYER shall also have the right to accept the Premises in the then current condition and to pay the purchase price without reduction of price. Upon notice in writing of BUYER'S decision to accept the Premises and title, the SELLER shall convey title and deliver possession. Acceptance of a deed by the BUYER or BUYER'S nominee, if any, shall constitute full performance by the SELLER and shall be deemed to release and discharge the SELLER from every duty and obligation set forth in this Agreement, except any duty or obligation of the SELLER that the SELLER has agreed to perform after the time for performance. Notwithstanding the foregoing, all warranties made by the SELLER shall survive delivery of the deed.

13. Adjustments. At the time for performance of this Agreement adjustments shall be made as of the date of performance for current real estate taxes. The net total of such adjustments shall be added to or deducted from the purchase price payable by the BUYER at the time for performance. If the real estate tax rate or assessment has not been established at the time for performance, apportionment of real estate taxes shall be made on the basis of the tax for the most recent tax year with either party having the right to request apportionment within twelve months of the date that the amount of the current year's tax is established.

BUYER'S Initials BUYER'S Initials BUYER’S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials DRAFT
Approved by TL 6/18/2021

14. Buyer's Default. If the BUYER or BUYER'S nominee breaches this Agreement, all escrowed funds paid or deposited by the BUYER shall be paid to the SELLER as liquidated damages. Receipt of such payment shall constitute the SELLER'S sole remedy, at law, in equity or otherwise, for BUYER'S default. The BUYER and SELLER agree that in the event of default by the BUYER the number of damages suffered by the SELLER will not be easy to ascertain with certainty and, therefore, BUYER and SELLER agree that the amount of the BUYER'S deposit represents a reasonable estimate of the damages likely to be suffered.

15. Buyer's Financing. (Delete if waived) The BUYER'S obligation to purchase is conditioned upon obtaining mortgage financing in the amount of $ N/A . If, despite reasonable efforts, the BUYER has been unable to obtain such financing the BUYER may terminate this Agreement by giving written notice that is received by SELLER or SELLER'S agent by 5:00 p.m. on the calendar day after the date set forth above. In the event that notice has not been actually or constructively received, this condition is deemed waived. In the event that due notice has been received, all monies deposited or paid by the BUYER shall be returned and all obligations of the BUYER and SELLER pursuant to this Agreement shall cease and this Agreement shall become void. In no event shall the BUYER be deemed to have used reasonable efforts to obtain financing unless the BUYER has submitted at least one (1) application to a licensed mortgage lender by and acted reasonably promptly in providing any additional information requested by the mortgage lender.

16. Tests/Survey. (Delete If Waived) The BUYER'S obligations under this Agreement are subject to BUYER'S right to obtain test(s), inspection(s) and a survey of the Premises or any aspect thereof, including, but not limited to, percolation, deep hole, septic/sewer, water quality, and water drainage by consultant(s) regularly in the business of conducting said test(s), inspections and surveys, of BUYER'S own choosing, and at BUYER'S sole cost within 20 days after SELLER'S acceptance of this agreement. If the results are not satisfactory to BUYER, in BUYER'S sole discretion, BUYER shall have the right to give written notice received by the SELLER or SELLER'S agent by 5:00 p.m. on the calendar day after the date set forth above, terminating this agreement. Upon receipt of such notice this agreement shall be void and all monies deposited by the BUYER shall be returned. Failure to provide timely notice of termination shall constitute a waiver. In the event that the BUYER does not exercise the right to have such test(s), inspection(s) and survey or to so terminate, the SELLER and the listing broker are each released from claims relating to the size suitability or condition of the Premises that the BUYER or the BUYER'S consultants could reasonably have discovered.

17. Warranties and Representations. The SELLER further represents and warrants that SELLER has full authority to enter into this Agreement. The BUYER acknowledges that BUYER has not relied upon any warranties or representations other than those incorporated in this Agreement, except for the following additional warranties and representations, if any, made by either the SELLER or any real estate agent None
[If none, state "none"; if any listed, indicate by whom the warranty or representation was made.]

18. Notices. All notices required or permitted to be made under this Agreement shall be in writing and delivered in hand, sent by certified mail, return receipt requested or sent by United States Postal Service Overnight Express Mail or other overnight delivery service, addressed to the BUYER or SELLER or their authorized representative at the address set forth in this paragraph. Such notice shall be deemed to have been given upon delivery or, if sent by certified mail on the date of delivery set forth in the receipt or in the absence of a receipt three business days after deposited or, if sent by overnight mail or delivery, the next business day after deposit with the 4 BUYER'S Initials BUYER'S Initials BUYER’S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials DRAFT
Approved by TL 6/18/2021
overnight mail or delivery service, whether or not a signature is required. Acceptance of any notice, whether by delivery or mail, shall be sufficient if accepted or signed by a person having express or implied authority to receive same. Notice shall also be deemed adequate if given in any other form permitted by law.

BUYER Stanislaus Regional Housing Authority SELLER City of Riverbank P.O. Box 581918 6707 3
rd St.

Modesto, CA 95358 Riverbank, CA 95367

19. Counterparts / Facsimiles / Construction of Agreement. This Agreement may be executed in counterparts.

Signatures transmitted by facsimile shall have the effect of original signatures. This Agreement shall be construed as a California contract; is to take effect as a sealed instrument; sets forth the entire agreement between the parties; is binding upon and is intended to benefit the BUYER and SELLER and each of their respective heirs, devisees, executors, administrators, successors and assigns; and may be canceled, modified or amended only by a written agreement executed by both the SELLER and the BUYER. If two or more persons are named as BUYER their obligations are joint and several. If the SELLER or BUYER is a trust, corporation, limited liability company or entity whose representative executes this Agreement in a representative or fiduciary capacity, only the principal or the trust or estate represented shall be bound, and neither the trustee, officer, shareholder or beneficiary shall be personally liable for any obligation, express or implied. The captions and any notes are used only as a matter of convenience and are not to be considered a part of this Agreement and are not to be used in determining the intent of the parties.

20. Attorney Fees: In any action, proceeding, or arbitration between Buyer and Seller arising from this agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and cost from the non-prevailing Buyer or Seller.

21. Dispute Resolution. The Party's agree to mediate and disputes or claims arising between the out of their agreement, or any resulting transaction, before resorting to arbitration or court action through any mediation provider or service usually agreed to by the parties. If, for any disputer claim to which this paragraph pertains and party (i) commences an action with first attempting to resolve the matter with mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney's fees, even if they would otherwise be available to that Party in any such action.

UPON SIGNING, THIS DOCUMENT WILL BECOME A LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD, SEEK ADVICE FROM AN ATTORNEY.

BUYER Date SELLER Date
BUYER Date SELLER, or spouse Date
BUYER Date SELLER, or spouse Date
5 DRAFT

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

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