Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, April 12, 2022 (part 1 of 2)

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

REVISED AGENDA
TUESDAY, APRIL 12, 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 Proclamation – Golden Valley Health Centers’ 50th Year Anniversary – Vice Mayor Cal Campbell to present Golden Valley Health Center with a Proclamation Honoring their 50th Anniversary.

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 April 12, 2022 Next City Council Resolution: 2022-030 Next Ordinance: 2022-002 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 22, 2022 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 Second Reading by Title Only and Adoption of Ordinance 2022-001 Adding New Chapter 54: Mandatory Organic Waste Disposal Reduction Ordinance to Title V: Public Works of the Riverbank Municipal Code of Ordinances.

Item 9.4 Adopt a Resolution to Approve and Adopt the Revised 2022 City of Riverbank Measure L Expenditure Plan Project List.

Item 9.5 A Resolution Authorizing the Purchase of the Jackson Ave. Property (APN 075-005-025) and 2531 Stanislaus St. (APN 075-005-013) for $550,000 and Allocating Funds from the American Rescue Plan Act Fund 136 for said Purchase.

10. PUBLIC HEARINGS
Item 10.1 Adopt Resolutions accepting and closing the Proposition 218 Public Notification and Protest process and approving the proposed rate increase for solid waste disposal services and authorizing the City Manager to execute an Agreement for the collection of solid waste in the City of Riverbank - It is recommended that the City Council – 1) Open the Proposition 218 Public Hearing and Receive Written Protests to the Proposed Rate Increase for Solid Waste Disposal Services, and
2) Adopt a Resolution Accepting and Closing the Proposition 218 Public Notification and Protest Process as it Relates to the Proposed Rate Increase for Solid Waste Disposal Services, and
3) Consider Adopting a Resolution Approving the Proposed Solid Waste Rates (this item is contingent upon the Results of the Protest Process), and
4) Authorize Mayor Richard D. O’Brien to Execute a Franchise Agreement with Gilton Solid Waste for Solid Waste Disposal Services.

The Public Hearing Notice was published twice in the Riverbank News, once on February 23, 2022 and again on March 2, 2022. The Public Hearing Notice is also posted on the City of Riverbank’s website http://riverbank.,org and notices were mailed via USPS to all rate holders.

Item 10.2 Adopt a Resolution Authorizing a 13.4% Inflationary Adjustment Increase to the City of Riverbank System Development Fees Based on the Construction Cost Index to be effective May 1, 2022 – It is recommended that the City Council open the public hearing, accept public testimony and adopt a Resolution Authorizing a 13.4% Inflationary City Council and LRA Board Meetings Agenda April 12, 2022 Next City Council Resolution: 2022-030 Next Ordinance: 2022-002 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 Adjustment Increase to the City of Riverbank System Development Fees Based on the Construction Cost Index to be effective May 1, 2022. The Public Hearing Notice was published twice in the Riverbank News, once on February 23, 2022 and again on March 2, 2022.

Item 10.3 First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV, Land Usage, by repealing in their entirety Sections §153.215 ZONING PERMITS, §153.216 USE PERMITS, §153.217 VARIANCE, §153.218 APPEALS, and §153.219 MOBILE HOME
PERMITS, and substituting them with new Sections and adding new Sections §153.210 through §153.214 – It is recommended that the City Council open the public hearing, accept public testimony and Introduce and Waive the First Reading of Ordinance 2022-___. The Public Hearing Notice was published in the Riverbank News on March 23, 2022.

11. NEW BUSINESS
Item 11.1 Adopt a Resolution of Concurrence and Support for the Approval of the Fiscal Year 2022-2023 Annual Action Plan (AAP) – It is recommended that the City Council open the Community Meeting, accept Public Comment, and consider adopting a Resolution of Concurrence and support for the approval of the Fiscal Year 2022-2023 Annual Action Plan (AAP).

Item 11.2 Adopt a Resolution Approving the Appointment of Marisela H. Garcia as the City Manager and Approving the Related Employment Agreement – It is recommended that the City Council approve the appointment of Marisela H. Garcia as the City Manager and approve the Employment Agreement between the City of Riverbank and Marisela H.

Garcia.

Item 11.3 Adopt a Resolution to Award and Authorize the City Manager to Enter into Professional Service Agreements for Retainer On-Call Services for Building Inspection and Plan Checking Services for the City of Riverbank to West Coast Code Consultants, Inc. (WC-3), CSG Consultants, Inc., 4Leaf, Inc., and Bureau Veritas – It is recommended the City Council adopt a resolution to award and authorize the City Manager to enter into a contract with each of these firms to perform on-call building inspection and plan checking services for the City of Riverbank. In addition, the Resolution authorizes the City to negotiate separate contracts with these firms as needed for specific development projects.

Item 11.4 Adopt a Resolution Authorizing the Execution of a Performance Agreement between the City of Riverbank and Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501c3) for the City Council and LRA Board Meetings Agenda April 12, 2022 Next City Council Resolution: 2022-030 Next Ordinance: 2022-002 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 Coordination of the 2022 Cheese & Wine Festival – It is recommended the City Council adopt a resolution authorizing the City Manager to execute a Performance Agreement between the City of Riverbank and Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501c3) for the Coordination of the 2022 Cheese & Wine Festival.

Item 11.5 Adopt a Resolution Authorizing the Mayor to Execute a Lease with Simply Devine Events, LLC for the Area Associated with the Riverbank Cheese and Wine Festival - It is recommended the City Council adopt a resolution authorizing the Mayor to Execute a Lease with Simply Devine Events, LLC for the Area Associated with the Riverbank Cheese and Wine Festival.

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 LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee Organizations: Riverbank Miscellaneous Employees

14. RECONVENE – REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session on Item 13.1

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee Organizations: Riverbank Miscellaneous Employees

15. ADJOURNMENT
• The next regular City Council meeting will be on April 26, 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 7th day of April, 2022.
/s/Kathy L. Teixeira, Interim City Clerk
City Council and LRA Board Meetings Agenda April 12, 2022 Next City Council Resolution: 2022-030 Next Ordinance: 2022-002 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 April 12, 2022 Next City Council Resolution: 2022-030 Next Ordinance: 2022-002 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/84845041536 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 848 4504 1536 • 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.

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Item 8.1 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 8.1
SECTION 8: PRESENTATIONS
Meeting Date: April 12, 2022
Subject: Proclamation – Golden Valley Health Centers’ 50th Year Anniversary From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy Teixeira, Interim City Clerk

RECOMMENDATION
It is recommended that the City Council read the Proclamation for the 50th Year Anniversary of the Golden Valley Health Centers; and present to Yamilet Valladolid, MPH, Director of Government and Community Affairs.

SUMMARY
In 1972, Golden Valley Health Centers began as a small Migrant Health Services program affiliated with Merced General Hospital. Since that time, they have expanded their operations significantly to meet community needs across Merced, Stanislaus and San Joaquin counties. Golden Valley Health Center now serves roughly 175,000 patients each year through 45 clinical locations in the region.

The ideology that everyone should have access to health care has been central to Golden Valley’s work over the past five decades and remains their guiding principle. From their humble beginnings their mission has been to make quality health care accessible to their patients by providing quality, primary health care services to people in the communities they serve regardless of language, financial or cultural barriers.

Golden Valley Health Centers is a fully accredited FQHC (Federally Qualified Health Center) offering quality medical, dental, behavioral health, vision, urgent care and schoolbased health centers. Through their partnerships with local government, communitybased organizations, education and health plans they ensure top notch services are provided to those in need and allow for continued growth in services for the men, women and children in their care.

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Item 8.1 – CC/LRA – 04/12/2022

FINANCIAL IMPACT
None

ATTACHMENT

1. Proclamation
Whereas, for 50 years, Golden Valley Health Centers has built a business spanning a half a century around the belief that one’s health is one’s greatest possession.

Whereas, in 1972, Golden Valley Health Centers began as a small Migrant Health Services program affiliated with Merced General Hospital. Since that time, they have expanded greatly to meet community needs across Merced, Stanislaus and San Joaquin counties, now serving roughly 175,000 patients each year through 45 clinical locations in the region.

Whereas, Golden Valley Health Centers can be proud of their 50-year longevity and while that sounds like a long time, in a rapidly changing world, Golden Valley Health Centers’ focus has not wavered since 1972.

Whereas, Golden Valley Health Centers was born out of a strong desire to increase access to healthcare in the lives of migrant workers, who toil to sustain our largely agricultural economy.

Whereas, Golden Valley Health Centers has never denied services to a patient in need and continues to improve the health of patients by providing quality, primary health care services to people in the communities they serve regardless of language, financial or cultural barriers.

Whereas, Golden Valley Health Centers is a fully accredited FQHC (Federally Qualified Health Center) offering quality medical, dental, behavioral health, vision and other specialties including urgent care and school-based health centers throughout the Central Valley.

Whereas, the City Council of the City of Riverbank recognizes the incredible work and dedication that Golden Valley Health Centers has shown for the health and well-being of migrant workers throughout the Central Valley over the last 50 years.

NOW, THEREFORE, LET IT BE RESOLVED on the celebration of the organization’s 50th Anniversary, I, Cal Campbell, Vice Mayor of Riverbank, California, through this proclamation do hereby honor the work of Golden Valley Health Centers.

Dated this 12th day of April, 2022.
_____________________________
Cal Campbell
Vice Mayor

CITY OF RIVERBANK

HONORING

GOLDEN VALLEY HEALTH CENTERS ON
THEIR 50TH ANNIVERSARY

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Item 9.1 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: April 12, 2022
Subject: Waiver of Readings
From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy L. Teixeira, Interim City Clerk / LRA Recorder

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.

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date:

Subject:

From:

Submitted by:

April 12, 2022
Approval of the March 22, 2022 City Council and Local
Redevelopment Authority Board Minutes.

Marisela H. Garcia, Interim City Manager
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 22, 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 22, 2022, City Council and Local Redevelopment Authority Board Minutes.

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Item 9.2 – CC/LRA – 04/12/2022

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CC / LRA Minutes – 03/22/2022

MINUTES
TUESDAY, MARCH 22, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER - Mayor / Chair Richard 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 Randy Richardson 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 Absent and Excused:

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 – 03/22/2022
Mayor O’Brien opened Public Comment at 6:04 p.m.

Individuals who Spoke in Opposition of the River Walk Project Jamie Eggers
Dan Whetstone
Bernard Eggers
Karen Carado
There being no further public comments, Mayor O’Brien closed the Public Comment period at 6:06 p.m.

8. PRESENTATIONS (Informational only)
Item 8.1 Government Code Claim Submitted by Schneider Electric Buildings, Inc. – Verbal Presentation by Deputy City Attorney Doug White Deputy City Attorney White provided an overview, providing history on the litigation as well as recent processes related to the cross complaints with Schneider Electric Buildings, Inc.

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

Item 9.2 Approval of the March 8, 2022 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 Resolution (2022-024) 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 Resolution (2022-025) 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 Resolution (2022-026) 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.

ACTION: By motion moved and seconded (Hernandez / Uribe / passed 4/0) to approve Consent Calendar Items 9.1 through 9.5., as presented.

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

AYES: Hernandez, Uribe, Campbell, and Mayor / Chair O’Brien

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CC / LRA Minutes – 03/22/2022
NAYS: None / ABSENT: Barber-Martinez / ABSTAINED: None

10. PUBLIC HEARINGS
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).

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

The time being 6:20 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 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).

The time being 6:24 p.m., Mayor / Chair Richard O’Brien asked for public comments.

There being no public comment, Mayor / Chair Richard O’Brien closed the public hearing at 6:25 p.m.
.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 4-0) to adopt City Council Resolution 2022-027 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).

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

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

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.

The time being 6:30 p.m., Mayor / Chair Richard O’Brien opened the public hearing requesting staff’s report.

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CC / LRA Minutes – 03/22/2022
Development Services Administration Manager Cleek presented a comprehensive staff report with PowerPoint Presentation on the proposed Ordinance adding a new Chapter 54 : Mandatory Organic Waste Disposal Reduction Ordinance to Title V: Public Works of the Riverbank Municipal Code related to the SB 1383 which was approved in September 2016 to establish Statewide methane emissions reduction, established by SB 1383 (September 20 in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. She concluded staff’s report recommending the City Council conduct the public hearing and approve the proposed ordinance for its adoption at the next regular City Council meeting on April 12, 2022, for consideration of its adoption.

The City Council discussed the ordinance with staff.

The time being 6:36 p.m., Mayor / Chair Richard O’Brien asked for public comments.

In Opposition
Evelyn Halbert questioned how garbage service providers would meet these requirements for those areas exempt from complying with SB 1383.

There being no further public comment, Mayor / Chair Richard O’Brien closed the public hearing at 6:41 p.m.

Mayor O’Brien advised Ms. Halbert that Gilton are required by law to reduce organic waste in the landfills by 75% and if Gilton is receiving refuse from exempt areas they will be processing it the same way, there is no difference in the processing; the only difference is there are very few households within those areas exempted from SB 1383. Regarding the questions related to what to do with the waste, food and composable waste versus non compostable, the food and composable waste would go into one bin and the noncompostable waste would go into another bin. The process for separating the different waste types has been developed by Gilton and should be in operation within a year.

ACTION: By motion moved and seconded (Uribe / Hernandez / passed 4-0) to approve the first reading and introduction of the proposed Ordinance [No. 2022-001] Adding New Chapter 54: Mandatory Organic Waste Disposal Reduction Ordinance to Title V: Public Works of the Riverbank Municipal Code of Ordinances, to initiate a second reading by title and consider its adoption on April 12, 2022, as presented.

Motion carried by unanimous City Council roll call vote.

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

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 & Building Manager with Diego Capistrano, Community Health Worker III, Stanislaus County Health Services Agency and provide direction to staff.

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CC / LRA Minutes – 03/22/2022
Donna Kenney, Planning & Building Manager with Diego Capistrano, Community Health Worker III, Stanislaus County Health Services Agency, utilizing a PowerPoint Presentation provided a compressive overview and introduction to Harm Reduction advising The Stanislaus County Health Services Agency and St. Francis of Rome Church would like to establish a Harm Reduction program in Riverbank. To permit and allow the Stanislaus County Health Services Agency and St. Francis of Rome Church to undertake the least lengthy path towards a CDPH approved program they will need a show of support and that they have approval of the local jurisdiction which can be achieved by either an email from the Mayor, or a copy of the City Council meeting minutes.

Mayor O’Brien asked whether there was any public comment.

Public Testimony
Evelyn Halbert had questions related to the hours of operation, needle exchange program and asked for the Police Chief’s thoughts on the program.

Mayor O’Brien responded to Ms. Halbert’s question related to the hours of operation and as to the Police Chief’s thoughts on the program.

Diego Capistrano, Community Health Worker III, Stanislaus County Health Services Agency responded to Ms. Halbert’s questions operation and needle exchange program.

ACTION: The City Council stated their unanimous concurrence of support to permit and allow the Stanislaus County Health Services Agency and St.

Francis of Rome Church to undertake the less lengthy path towards a CDPH approved Harm Reduction Program with the City of Riverbank.

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.

Associate Planner Salazar presented the staff report recommending the City Council approve 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).

Staff and the City Council discussed aspects of the report.

Mayor O’Brien asked whether there was any public comment, there being none, Mayor O’Brien brought the item back to the City Council for action.

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ACTION: By motion moved and seconded (Campbell / Hernandez / passed 4/0) to adopt City Council Resolution 2022-028 to 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.

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

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

Interim City Manager Garcia presented a comprehensive staff report advising 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 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. However, 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. Staff recommends that the City Council adopt the Resolution which will rescind Resolution 2021-104; declare APN 132-012-024 located at the northeast corner of 3rd Street and Stanislaus Street as exempt surplus land under the Surplus Land Act; and, approve the sale of the property to the Stanislaus County Housing Authority pursuant to a Purchase and Sale Agreement.

Mayor O’Brien asked whether there was any public comment, there being none, Mayor O’Brien brought the item back to the City Council for action.

ACTION: By motion moved and seconded (Uribe / Hernandez / passed 4/0) to adopt City Council Resolution 2022-029 to adopt a (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.

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

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

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Item 12.1 Staff
Interim City Manager Garcia stated thanks to Associate Planner Gabriel Salazar who will be leaving employment with the City of Riverbank at the end of the month. Interim City Manager Garcia advised earlier this evening the City Council adopted a Resolution allowing the City to apply for funding to assist residents having difficulty with paying their utility bills. Last year the City applied for and received funds to assist customers with their water debt of approximately $78,000; tonight’s approval will allow for the City to apply for funding to assist those behind in payments for wastewater. The funds for water arrearages will be applied to residents’ bills in April and they will also receive notification through the mail that a credit has been applied to their billing and staff is also looking to sign up for the low-income household water assistance program that will allow qualified residents to continue to receive assistance with their utility bills for a period of time.

Residents who have questions related to the household water assistance program can contact the City’s Finance Department for assistance.

Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• Participated on a Grant Review Panel with Stanislaus County. • Attended State of City Address.

Councilmember Uribe reported on the following:
• Toured the Stanislaus County District Attorney’s office and got to meet outgoing District Attorney Birgit Fladager and incoming District Attorney, Jeff Laugero and • Toured the Family Justice Center.
• Meet with new outreach and engagement leader Dina Fernandez (Ms. Fernandez was present and invited to the podium to introduce herself.) Outreach and Engagement Leader Dina Fernandez expressed her excitement at engaging and working towards outreach with the City’s homeless. An event is scheduled for March 30 from 1 to 4 p.m. at the Community Park to assist individuals in getting documentation and needed services.

Vice Mayor Campbell reported on the following:
• Meet with the City of Oakdale’s City Manager related to reestablishment of the Lower Stanislaus Committee and Mr. Whitemyer has indicated he is on board and will present it to the Oakdale City Council for approval. • Contacted the City of Ripon and the Corp of Engineers related to the reestablishment of the Lower Stanislaus Committee and is waiting to hear back. • Heard a Presentation on Environmental Justice Program at Church over the weekend and advised them he would be willing to participate on their committee.

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Item 12.3 Mayor/Chair
Mayor/Chair O’Brien requested an update on Sierra House, as well as discuss the possibility of day use outreach, temporary showers, etc., doing what can be done as a City before the County is ready to operate Sierra House at the next City Council meeting.

He thanked Gaby Hernandez, Norma Manriquez, and Interim City Manager Garcia for their assistance during State of the City Address. Mayor O’Brien concluded his comments requesting a timeline for the General Plan Technical Review.

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 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
Mayor O’Brien asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda there being none, Mayor O’Brien adjourned the City Council to closed session at 7:41 p.m.

14. RECONVENE – REPORT FROM CLOSED SESSION
Mayor O’Brien reconvened the meeting at 9:04 p.m.

Item 14.1 Report from Closed Session on 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.

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Mayor O’Brien reported The City of Riverbank rejects the Schneider Electric Buildings America, Inc. case pursuant to Government Code §54956.9.

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 Mayor O’Brien reported direction had been provided to staff on Item 13. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code §54957.6).

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.

Mayor O’Brien reported direction had been provided to staff on Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code § 54956.8) 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
Mayor O’Brien reported direction had been provided to staff on Item 13.4 PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code § 54957 [b][1]).

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 9:09 p.m. to the next regular scheduled City Council / LRA Meeting April 12, 2022.

ATTEST: (Adopted 04/12/2022) APPROVED:

Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair

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Item 9.3 – CC / LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: April 12, 2022
Subject: Second Reading and Adoption of Ordinance 2022-001 From: Marisela H. Garcia, Interim City Manager
Submitted By: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council waive the second reading and consider adoption of Ordinance 2022-001 amending Chapter 50, Garbage, of Title V, Public Works, of the Riverbank Municipal Code to Regulate the Disposal of Recyclable and Organic Materials.

BACKGROUND/DISCUSSION
At the March 22, 2022, Council meeting, the City Council voted to introduce and waive the first reading of Ordinance 2022-001.

Should the Council choose to waive the second reading and adopt Ordinance 2022-001 at tonight’s meeting, the Ordinance would be effective May 12, 2022, thirty days from the second reading.

FISCAL 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. Ordinance 2022-001
{CW112273.3}

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1 2 CITY OF RIVERBANK
3 4 ORDINANCE 2022-001
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}

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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 CalRecycle California's Department of Resources Recycling and Recovery, which is the 62 Department designated with responsibility for developing, implementing, and enforcing 63 SB 1383 Regulations on Jurisdictions (and others).
64 California Code of Regulations or CCR The State of California Code of Regulations. 65 CCR references in this Chapter are preceded with a number that refers to the relevant 66 Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 67 Collector. A refuse collector who has entered into a contract with the city, or who has 68 received a franchise from the city, to collect solid waste within the city. 69 City Manager. means the City Manager of the City of Riverbank, or his or her designee, 70 which may include City employees.
71 Collection. To take physical possession of solid waste at, and remove from, the place of 72 generation for transport to a solid waste facility or other recovery activity. 73 Commercial Business. or Commercial. A firm, partnership, proprietorship, joint-stock 74 company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial {CW112273.3}

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75 facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 76 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units 77 is not a Commercial Business for purposes of implementing this Chapter. 78 Commercial Edible Food Generator. A Tier One or a Tier Two Commercial Edible Food 79 Generator as defined in in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes 80 of this definition, Food Recovery Organizations and Food Recovery Services are not 81 Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). 82 Compliance Review. A review of records by the City of Riverbank to determine 83 compliance with this Chapter.
84 Community Composting. Any activity that composts green material, agricultural 85 material, food material, and vegetative food material, alone or in combination, and the 86 total amount of feedstock and compost on-site at any one time does not exceed 100 cubic 87 yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise 88 defined by 14 CCR Section 18982(a)(8).
89 Compost. Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which 90 stated, as of the effective date of this Chapter, that “Compost” means the product resulting 91 from the controlled biological decomposition of organic Solid Wastes that are Source 92 Separated from the municipal Solid Waste stream, or which are separated at a centralized 93 facility.
94 Compostable Plastics or Compostable Plastic. Plastic materials that meet the ASTM 95 D6400 standard for composability, or as otherwise described in 14 CCR Section 96 18984.2(a)(1)(C).
97 Container Contamination or Contaminated Container. A container, regardless of 98 color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 99 CCR Section 18982(a)(55).
100 Construction and Demolition Debris or C&D. Used or discarded materials resulting 101 from construction, renovation, remodeling, repair, demolition, excavation or construction 102 clean-up operations on any pavement or structure.
103 Container or Collection Container. Any bin, box or cart used for the purpose of holding 104 solid waste for collection.
105 Containerized Service. Service approved by the City Manager, wherein the city or the 106 collector provides a vehicle equipped for mechanical handling of one or two cubic yard 107 containers with casters; such containers shall be furnished by the customer and shall be 108 of a type approved by the City Manager, or rented from the city or the collector. 109 Designated Source Separated Organic Waste Facility. As defined in 14 CCR Section 110 18982(14.5), which means a Solid Waste facility that accepts a Source Separated {CW112273.3}

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111 Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and 112 complies with one of the following:
113 (A) The facility is a “transfer/processor,” as defined in 14 CCR Section 114 18815.2(a)(62), that is in compliance with the reporting requirements of 14 115 CCR Section 18815.5(d), and meets or exceeds an annual average Source 116 Separated organic content Recovery rate of 50 percent between January 1, 117 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 118 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 119 received from the Source Separated Organic Waste collection stream. 120 (1) If a transfer/processor has an annual average Source Separated 121 organic content Recovery rate lower than the rate required in 122 Paragraph 1 of this definition for two (2) consecutive reporting 123 periods, or three (3) reporting periods within three (3) years, the 124 facility shall not qualify as a “Designated Source Separated Organic 125 Waste Facility”.
126 (B) The facility is a “composting operation” or “composting facility” as defined in 127 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 128 under 14 CCR Section 18815.7 demonstrates that the percent of the 129 material removed for landfill disposal that is Organic Waste is less than the 130 percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 131 whichever is applicable, and, if applicable, complies with the digestate 132 handling requirements specified in 14 CCR Section 17896.5. 133 (1) If the percent of the material removed for landfill disposal that is 134 Organic Waste is more than the percent specified in 14 CCR Section 135 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 136 periods, or three (3) reporting periods within three (3) years, the 137 facility shall not qualify as a “Designated Source Separated Organic 138 Waste Facility.” For the purposes of this Chapter, the reporting 139 periods shall be consistent with those defined in 14 CCR Section 140 18815.2(a)(49).
141 Designee. An entity that the city contracts with or otherwise arranges to carry out any of 142 the city’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A 143 Designee may be a government entity, a hauler, a private entity, or a combination of those 144 entities.
145 Edible Food. Food intended for human consumption, or as otherwise defined in 14 CCR 146 Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR 147 Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not 148 discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or 149 authorizes the Recovery of Edible Food that does not meet the food safety requirements 150 of the California Retail Food Code.
{CW112273.3}

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151 Enforcement Action An action of the City to address non-compliance with this Chapter 152 including, but not limited to, issuing administrative citations, fines, penalties, or using other 153 remedies.
154 Excluded Waste. Hazardous substance, hazardous waste, infectious waste, designated 155 waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and 156 toxic substances or material that facility operator(s), which receive materials from the city 157 and its generators, reasonably believe(s) would, as a result of or upon acceptance, 158 transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, 159 or ordinance, including: land use restrictions or conditions, waste that cannot be disposed 160 of in Class III landfills or accepted at the facility by permit conditions, waste that in the 161 City’s, or its Designee’s reasonable opinion would present a significant risk to human 162 health or the environment, cause a nuisance or otherwise create or expose the City, or 163 its Designee, to potential liability; but not including de minimis volumes or concentrations 164 of waste of a type and amount normally found in Single-Family or Multi-Family Solid 165 Waste after implementation of programs for the safe collection, processing, recycling, 166 treatment, and disposal of batteries and paint in compliance with Sections 41500 and 167 41802 of the California Public Resources Code. Excluded Waste does not include used 168 motor oil and filters, household batteries, universal wastes, and/or latex paint when such 169 materials are defined as allowable materials for collection through the City’s collection 170 programs and the generator or customer has properly placed the materials for collection 171 pursuant to instructions provided by the City or its Designee for collection services. 172 Food. Food has the same meaning as in Health and Safety Code section 113781. 173 Food Distributor. A company that distributes food to entities including, but not limited to, 174 Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 175 18982(a)(22).
176 Food Facility. The same meaning as in Section 113789 of the Health and Safety Code. 177 Food Recovery. Actions to collect and distribute food for human consumption that 178 otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). 179 Food Recovery Organization. An entity that engages in the collection or receipt of 180 Edible Food from Commercial Edible Food Generators and distributes that Edible Food 181 to the public for Food Recovery either directly or through other entities or as otherwise 182 defined in 14 CCR Section 18982(a)(25), including, but not limited to:
183 (A) A food bank as defined in Section 113783 of the Health and Safety Code; 184 (B) A nonprofit charitable organization as defined in Section 113841 of the 185 Health and Safety code; and,
186 (C) A nonprofit charitable temporary food facility as defined in Section 113842 187 of the Health and Safety Code.
{CW112273.3}

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188 A Food Recovery Organization is not a Commercial Edible Food Generator for the 189 purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 190 pursuant to 14 CCR Section 18982(a)(7).
191 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 192 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 193 apply to this Chapter.
194 Food Recovery Service. A person or entity that collects and transports Edible Food from 195 a Commercial Edible Food Generator to a Food Recovery Organization or other entities 196 for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food 197 Recovery Service is not a Commercial Edible Food Generator for the purposes of this 198 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 199 Section 18982(a)(7).
200 Food Scraps. All food such as, but not limited to, fruits, vegetables, meat, poultry, 201 seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps 202 excludes fats, oils, and grease when such materials are Source Separated from other 203 Food Scraps. Food Scraps does not include Excluded Waste. 204 Food Service Provider. An entity primarily engaged in providing food services to 205 institutional, governmental, commercial, or industrial locations of others based on 206 contractual arrangements with these types of organizations, or as otherwise defined in 14 207 CCR Section 18982(a)(27).
208 Food-Soiled Paper. Compostable paper material that has come in contact with food or 209 liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, 210 pizza boxes, and milk cartons.
211 Food Waste. Food Scraps, Food-Soiled Paper, and Compostable Plastics. 212 Black Container, Any bin, can, receptacle, or any other type of receptacle or depository 213 designated by the City or a City-designated waste removal company for the deposit, 214 storage, and collection of solid waste not designated or collection in the Green Container. 215 A container may also be described as an automatic lift container cart, drop box, roll-off, 216 compactor container, standard automated container, drop box container or detachable 217 container or bin.
218 Green Container. Green Container has the same meaning as in 14 CCR Section 219 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source 220 Separated Organic Waste.
221 Grocery Store. A store primarily engaged in the retail sale of canned food; dry goods; 222 fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not 223 separately owned within the store where the food is prepared and served, including a {CW112273.3}

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224 bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR 225 Section 18982(a)(30).
226 Hauler. a person who collects material from a generator and delivers it to a reporting 227 entity, end user, or a destination outside of the state. Hauler includes “contractor.” A 228 person who transports material from reporting entity to another person is a transporter, 229 not a hauler.
230 Hauler Route. The designated itinerary or sequence of stops for each segment of the 231 city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). 232 High Diversion Organic Waste Processing Facility. A facility that is in compliance with 233 the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an 234 annual average Mixed Waste organic content Recovery rate of 50 percent between 235 January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as 236 calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the 237 “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); 238 or, as otherwise defined in 14 CCR Section 18982(a)(33). 239 Inspection. A site visit where the City reviews records, containers, and an entity’s 240 collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food 241 handling to determine if the entity is complying with requirements set forth in this Chapter, 242 or as otherwise defined in 14 CCR Section 18982(a)(35). 243 City. the City of Riverbank, California, or the area within the territorial limits of the City of 244 Riverbank, California, and such territory outside of the City over which the City has 245 jurisdiction or control by virtue of any constitutional or statutory provision. 246 City Enforcement Official. The City Manager, or his or her designee. The City Manager, 247 or his or her designee, shall administer, implement and enforce the provisions of this 248 chapter..
249 Large Event. An event, including, but not limited to, a sporting event or a flea market, 250 that charges an admission price, or is operated by a local agency, and serves an average 251 of more than 2,000 individuals per day of operation of the event, at a location that 252 includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf 253 course, street system, or other open space when being used for an event. If the definition 254 in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR 255 Section 18982(a)(38) shall apply to this Chapter.
256 Large Venue. A permanent venue facility that annually seats or serves an average of 257 more than 2,000 individuals within the grounds of the facility per day of operation of the 258 venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, 259 Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately 260 owned or operated stadium, amphitheater, arena, hall, amusement park, conference or 261 civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, {CW112273.3}

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262 fairground, museum, theater, or other public attraction facility. For purposes of this 263 Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common 264 ownership or control that includes more than one Large Venue that is contiguous with 265 other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 266 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) 267 shall apply to this Chapter.
268 Local Education Agency. A school district, charter school, or county office of education 269 that is not subject to the control of city or county regulations related to Solid Waste, or as 270 otherwise defined in 14 CCR Section 18982(a)(40).
271 Multi-Family Residential Dwelling. or Multi-Family. Of, from, or pertaining to 272 residential premises with five (5) or more dwelling units. Multi-Family premises do not 273 include hotels, motels, or other transient occupancy facilities, which are considered 274 Commercial Businesses.
275 MWELO. The Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 276 2, Chapter 2.7.
277 Non-Compostable Paper. Non-compostable paper includes but is not limited to paper 278 that is coated in a plastic and/or metallic material that will not breakdown in the 279 composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). 280 Non-Local Entity. Entities that are not subject to the city’s enforcement authority, or as 281 otherwise defined in 14 CCR Section 18982(a)(42), including:
282 (A) Special district(s) located within the boundaries of the city, including 283 Riverbank Unified School District,State agencies located within the 284 boundaries of the city, including Caltrans, Cal Fire or Stanislaus County 285 facilities.
286 Non-Organic Recyclables. non-putrescible and non-hazardous recyclable wastes, 287 including but not limited to bottles, cans, metals, plastics and glass, or as otherwise 288 defined in 14 CCR Section 18982(a)(43).
289 Notice of Violation (NOV). A notice that a violation has occurred that includes a 290 compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR 291 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. 292 Organic Waste. Solid Wastes containing material originated from living organisms and 293 their metabolic waste products, including but not limited to food, green material, 294 landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper 295 Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as 296 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as 297 defined by 14 CCR Section 18982(a).
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298 Organic Waste Generator. A person or entity that is responsible for the initial creation 299 of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). 300 Paper Products. Paper Products include, but are not limited to, paper janitorial supplies, 301 cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 302 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). 303 Person. Any person or persons, firm, association, corporation or other entity acting as 304 principal, agent or officer, servant or employee, for themselves or for any other person, 305 firm or corporation.
306 Premises. Premises includes a tract or parcel of land with or without habitable buildings 307 or appurtenant structures. For purposes of this Chapter, the word premises includes 308 residential and commercial uses of the land, whether owned, leased, rented or subrented, 309 including every dwelling house, dwelling unit, apartment house or multiple-dwelling 310 building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office 311 building, department store, manufacturing, processing or assembling shop or plant, 312 warehouse and every other place or premises where any person resides, or any business 313 is carried on or conducted within the city.
314 Printing and Writing Papers. Printing and Writing Papers include, but are not limited to, 315 copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white 316 wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 317 and other uncoated writing papers, posters, index cards, calendars, brochures, reports, 318 magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). 319 Prohibited Container Contaminants.: (i) discarded materials placed in the Green 320 Container that are not identified as acceptable Source Separated Green Container 321 Organic Waste for the City’s Green Container; (ii) discarded materials placed in the Black 322 Container that are acceptable Source Separated Green Container Organic Waste for the 323 City’s Green Container;(iii) Excluded Waste placed in any container. 324 Recovered Organic Waste Products. Products made from California, landfill-diverted 325 recovered Organic Waste processed in a permitted or otherwise authorized facility, or as 326 otherwise defined in 14 CCR Section 18982(a)(60).
327 Recovery. Any activity or process described in 14 CCR Section 18983.1(b), or as 328 otherwise defined in 14 CCR Section 18982(a)(49).
329 Recycled-Content Paper. Paper products and printing and writing paper that consists of 330 at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 331 CCR Section 18982(a)(61).
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333 Remote Monitoring. The use of the internet of things and/or wireless electronic devices 334 to visualize the contents of containers, for purposes of identifying the quantity of materials 335 in containers (level of fill) and/or presence of Prohibited Container. 336 Residential. For the purposes of this chapter, any premise consisting of between one (1) 337 and four (4) dwelling units, and onsite domestic uses accessory to these dwelling units. 338 A multi-family dwelling that consists of fewer than five (5) dwelling units is “Residential”, 339 for the purposes of this Chapter.
340 Restaurant. An establishment primarily engaged in the retail sale of food and drinks for 341 on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 342 18982(a)(64).
343 Route Review. A visual Inspection of containers along a Hauler Route for the purpose of 344 determining Container Contamination and may include mechanical Inspection methods 345 such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). 346 SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, 347 which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety 348 Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 349 of the Public Resources Code, establishing methane emissions reduction targets in a 350 Statewide effort to reduce emissions of short-lived climate pollutants as amended, 351 supplemented, superseded, and replaced from time to time. 352 SB 1383 Regulations. For the purposes of this Chapter, the regulations developed by 353 CalRecycle to implement SB 1383.
354 Self-Hauler. A person, who hauls Solid Waste, Organic Waste or recyclable material he 355 or she has generated to another person. Self-hauler also includes a person who back356 hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means 357 generating and transporting Organic Waste to a destination owned and operated by the 358 generator using the generator’s own employees and equipment, or as otherwise defined 359 in 14 CCR Section 18982(a)(66)(A).
360 Single-Family. of, from, or pertaining to any residential premises with fewer than five (5) 361 units.
362 Solid Waste. Solid Waste has the same meaning as defined in Public Resources Code 363 Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, 364 semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, 365 industrial wastes, demolition and construction wastes, abandoned vehicles and parts 366 thereof, discarded home and industrial appliances, dewatered, treated, or chemically 367 fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid 368 and semi-solid wastes, and other discarded solid and semisolid wastes, with the 369 exception that solid waste does not include any of the following wastes:
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370 (A) Hazardous waste, as defined in the Public Resources Code Section 40141. 371 (B) Radioactive waste regulated pursuant to the State Radiation Control Law 372 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 373 the State Health and Safety Code).
374 (C) Medical waste regulated pursuant to the State Medical Waste Management 375 Act (Part 14 (commencing with Section 117600) of Division 104 of the State 376 Health and Safety Code). Untreated medical waste shall not be disposed of 377 in a Solid Waste landfill, as defined in State Public Resources Code Section 378 40195.1. Medical waste that has been treated and deemed to be Solid 379 Waste shall be regulated pursuant to Division 30 of the State Public 380 Resources Code.
381 SOLID WASTE COLLECTION SERVICE OF THE CITY. Solid waste collection service 382 provided by the city or such service provided by a collector who has entered into a 383 contract with the city, or who holds a franchise from the city, to collect solid waste within 384 the city, depending on whether the city is providing such service with city personnel or by 385 contract or franchise with a private collector.
386 Source Separated. Materials, including commingled recyclable materials, that have been 387 separated or kept separate from the Solid Waste stream, at the point of generation, for 388 the purpose of additional sorting or processing those materials for recycling or reuse in 389 order to return them to the economic mainstream in the form of raw material for new, 390 reused, or reconstituted products, which meet the quality standards necessary to be used 391 in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the 392 purposes of the Chapter, Source Separated shall include separation of materials by the 393 generator, property owner, property owner’s employee, property manager, or property 394 manager’s employee into different containers for the purpose of collection such that 395 Source Separated materials are separated from Black Container Waste or other Solid 396 Waste for the purposes of collection and processing. 397 Source Separated Green Container Organic Waste. Source Separated Organic Waste 398 that can be placed in a Green Container that is specifically intended for the separate 399 collection of Organic Waste by the generator, excluding pet waste, carpets, non400 compostable paper, and textiles. 401 Source Separated Recyclable Materials. Source Separated Non-Organic Recyclables. 402 State. the State of California.
403 Supermarket. A full-line, self-service retail store with gross annual sales of two million 404 dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or 405 nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 406 18982(a)(71).
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407 Tier One Commercial Edible Food Generator means a Commercial Edible Food 408 Generator that is one of the following as defined in 14 CCR Section 18982(a)(73):
409 (A) Supermarket.
410 (B) Grocery Store with a total facility size equal to or greater than 10,000 square 411 feet.
412 (C) Food Service Provider.
413 (D) Food Distributor.
414 (E) Wholesale Food Vendor.
415 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 416 Food Generator differs from this definition, the definition in 14 CCR Section 417 18982(a)(73) shall apply to this Chapter.
418 Tier Two Commercial Edible Food Generator. A Commercial Edible Food Generator 419 that is one of the following as defined in 14 CCR Section 18982(a):
420 (A) Restaurant with 250 or more seats, or a total facility size equal to or greater 421 than 5,000 square feet.
422 (B) Hotel with an on-site Food Facility and 200 or more rooms. 423 (C) Health facility with an on-site Food Facility and 100 or more beds. 424 (D) Large Venue.
425 (E) Large Event.
426 (F) A State agency with a cafeteria with 250 or more seats or total cafeteria 427 facility size equal to or greater than 5,000 square feet. 428 (G) A Local Education Agency facility with an on-site Food Facility. 429 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 430 Food Generator differs from this definition, the definition in 14 CCR Section 431 18982(a)(74) shall apply to this Chapter.
432 Wholesale Food Vendor. A business or establishment engaged in the merchant 433 wholesale distribution of food, where food (including fruits and vegetables) is received, 434 shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other 435 destination, or as otherwise defined in 14 CCR Section 189852(a)(76). {CW112273.3}

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436 § 50.02 REQUIREMENT TO USE SOLID WASTE COLLECTION SERVICE; 437 NONCOMPLIANCE.
438 (A) All dwellings, apartment houses and places of business in which refuse 439 accumulates within the city shall be required to use Solid Waste Collection service 440 of the city and to pay the charges therefor. It shall be unlawful for any person, firm 441 or corporation, except as provided in this chapter, to collect or gather Solid Waste 442 within the city.
443
444 (B) The City Council may contract for the collection or disposal, or both, of solid waste 445 under such terms and conditions as the City Council may prescribe by resolution 446 or ordinance, as provided in Cal. Pub. Res. Code § 49300. The contract may be 447 “exclusive or nonexclusive.” The collector shall comply with the terms and 448 conditions of the city code as well as such other terms and conditions as may be 449 prescribed by resolution.
450
451 (C) In the event that trash, garden waste, lawn and tree trimmings, and the like, are 452 piled adjacent to an alley or city street without the benefit of a suitable container, 453 the property owner or responsible tenant shall, upon written notification by the city, 454 promptly deposit the litter in adequate containers for refuse pick-up. Failure to 455 respond after ten days to a written request made by the city shall serve as 456 authorization to the city to remove the litter and subject the property owner or 457 responsible tenant to the charges specified in the nonconforming refuse collection 458 fees.
459
460 (D) Nothing in this Chapter prohibits a generator from preventing or reducing waste 461 generation, managing Organic Waste on site, or using a Community Composting 462 site pursuant to 14 CCR Section 18984.9(c).
463 § 50.03 TRASH ACCUMULATIONS PROHIBITED.
464 It shall be unlawful for any occupant or owner of any building, lot or premises in the city 465 to allow or permit to collect or remain upon such premises any solid waste in such manner 466 or quantity as is a fire menace or a health hazard to the people of the city. 467 § 50.04 OPEN BURNING PROHIBITED.
468 (A) Public places. It shall be unlawful for any person to cause, allow, aid, suffer or 469 maintain any open burning of any kind upon any public place, street or alley within 470 the city at any time.
471 (B) Private premises. It shall be unlawful for any person to cause, allow, suffer or 472 maintain any open burning of any kind or the burning of any solid waste in any 473 incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon 474 any private premises within the city.
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475 (C) Nonapplicability. The provisions of this section shall not apply to the following:
476 (1) An indoor or outdoor barbecue or similar heating or cooking device while 477 being used for the heating or cooking of food for human consumption, or for 478 recreational purposes, and not being used primarily for the burning of waste 479 materials or solid waste;
480 (2) Comfort heating by use of a fireplace inside a residence, which fireplace is 481 not being used primarily for the burning of waste materials or solid waste; 482 (3) An approved type incinerator or furnace used by a hospital or similar 483 establishment for the incineration of body parts, bandages or related solid 484 waste;
485 (4) Controlled fires for the purpose of training fire fighters; 486 (5) A fire set or permission given by an official of the fire district personnel for 487 the purpose of prevention of a fire or health hazard or the disposal of waste 488 materials which cannot be abated or disposed of by other reasonable 489 means; or
490 (6) Fires used as safety flares for the combustion of waste gases. 491 § 50.05 BURNING, BURYING OR DUMPING GARBAGE.
492 (A) It shall be unlawful for any person to burn, bury or dump, or permit to be burned, 493 buried or dumped, any solid waste in any place within the city. 494
495 (B) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow 496 to remain on any premises, vacant lot, street, alley, or in any excavation, any offal, 497 garbage, dead animals, or any putrid, decaying, or offensive animal or vegetable 498 matter.
499
500 (C) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow 501 to remain in any street, alley, public park or other publicly-owned property, any of 502 the following: scrap building materials, discarded boxes, cartons, earth, concrete, 503 bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper, 504 lawn trimmings or clippings, garden trimmings, garden refuse, small tree or shrub 505 prunings, any waste materials resulting from gardening, and any and all household 506 items which have been discarded or are no longer desired by the owner thereof. 507
508 § 50.06 SOLID COLLECTION SERVICE; RESIDENTIAL
509 (A) Containers.
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510 (1) Prior to collection, all solid waste shall be stored in approved automated 511 collection containers provided by the city's collector, unless an alternative 512 is approved pursuant to § 50.07.
513 (2) The city's collector will not remove or cause to be removed from the 514 premises any refuse which is not so contained, except as otherwise 515 provided in this section.
516 (B) Single Family Organic Waste Generators shall subscribe to city’s Organic Waste 517 collection services for all Organic Waste generated. The city shall have the right to 518 review the number and size of a generator’s containers to evaluate adequacy of 519 capacity provided for each type of collection service for proper separation of 520 materials and containment of materials; and, Single-Family generators shall adjust 521 its service level for its collection services as requested by the city. Generators may 522 additionally manage their Organic Waste by preventing or reducing their Organic 523 Waste, managing Organic Waste on site, and/or using a Community Composting 524 site pursuant to 14 CCR Section 18984.9(c).
525 (C) Single Family Organic Waste Generators shall participate in the City’s Organic 526 Waste collection service(s) by placing designated materials in designated 527 containers as described below, and shall not place Prohibited Container 528 Contaminants in collection containers.
529 (1) A two-container collection service (Green Container and Black Container) 530 (a) Generator shall place Source Separated Green Container Organic 531 Waste, including Food Waste, in the Green Container; and Black 532 Container Waste in the Black Container. Generators shall not place 533 materials designated for the Black Container into the Green 534 Container.
535 (D) Frequency of collection. The city's collector shall collect Solid Waste a minimum of 536 once each week from all dwelling units in the city. The city's collector shall collect 537 recyclables in the city once every week based on a scheduling calendar approved 538 by the City Manager and provided to city residents each year by the city's collector. 539 (E) Types of residential service.
540 (1) Curb service. All curb and alley service customers shall place the refuse 541 container at the curb in the street or in the alley not later than 6:00 a.m. on 542 the day of collection and shall remove the refuse containers from the curb 543 or alley on the same day as collection.
544 (2) Alley service. Where alley service is provided, containers must be placed 545 upon the customer's premises, immediately adjacent to and accessible from 546 the alley without the necessity of entering the premises. Containers shall {CW112273.3}

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547 be placed to provide the necessary clearance from obstructions on either 548 side of the container as well as overhead clearance needed for the 549 collection vehicle to empty the contents of the container without causing 550 damage to public or private property.
551 (3) Walk-in service. Walk-in service is available to those customers who have 552 applied to and have been approved by the City Manager. This service shall 553 be limited to only those dwellings where there is no able-bodied resident 554 capable of placing the container in the approved location. If approved by 555 the City Manager, there shall be no additional charge for this service. 556 (4) Containerized service. Containerized service may be used for apartments, 557 multiple-dwellings, single-family dwellings, and for places of business. 558 § 50.07 REFUSE COLLECTION SERVICE; COMMERCIAL
559 Commercial Businesses, which includes Multi-Family Residential Dwellings, shall comply 560 with the following:
561 (A) Containers. Prior to collection, all Solid Waste shall be stored in approved locked, 562 front-loaded bins provided by the city's collector, unless an alternative is approved 563 pursuant to this section.
564 (B) Except Commercial Businesses that meet the Self-Hauler requirements in § 565 50.12, be automatically enrolled in the city’s two-container Organic Waste 566 collection. As approved by the City Manager, or his or her designee, the City shall 567 have the authority to change the minimum required service levels over time. The 568 Commercial Business’ Organic Waste service level must be sufficient for the 569 amount of Source Separated Green Container Organic Waste generated by the 570 Commercial Business. The City The city shall have the right to review the number, 571 size, and location of a generator’s containers and frequency of collection to 572 evaluate adequacy of capacity provided for each type of collection service for 573 proper separation of materials and containment of materials; and, Commercial 574 Business shall adjust its service level for its collection services as requested by the 575 City.
576 (C) Except Commercial Businesses that meet the Self-Hauler requirements in § 577 50.12of this Chapter, participate in and comply with the city’s two-container (Green 578 Container and Black Container) collection service by placing designated materials 579 in designated containers. Generator shall place Source Separated Green 580 Container Organic Waste, including Food Waste, in the Green Container; and 581 Black Container Waste in the Black Container. Generators shall not place 582 materials designated for the Black Container into the Green Container. 583 (D) Supply and allow access to adequate number, size, and location of collection 584 containers with sufficient labels or colors (conforming with § 50.12, subdivision {CW112273.3}

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585 (E)(1)and (E)(2) below), for employees, contractors, tenants and customers, 586 consistent with city’s Green Container and Black Container collection service. 587 (E) Excluding Multi-Family Residential Dwellings, provide containers for the collection 588 of Source Separated Green Container Organic Waste, and Source Separated 589 Recyclable Materials in all indoor and outdoor areas where disposal containers are 590 provided for customers, for materials generated by that business. Such containers 591 do not need to be provided in restrooms. If a Commercial Business does not 592 generate any of the materials that would be collected in one type of container, then 593 the business does not have to provide that particular container in all areas where 594 disposal containers are provided for customers. Pursuant to 14 CCR Section 595 18984.9(b), the containers provided by the business shall have either:
596 (1) A body or lid that conforms with the container colors provided through the 597 collection service provided by the city with either lids conforming to the color 598 requirements or bodies conforming to the color requirements or both lids 599 and bodies conforming to color requirements. A Commercial Business is 600 not required to replace functional containers, including containers 601 purchased prior to January 1, 2022, that do not comply with the 602 requirements of the subsection prior to the end of the useful life of those 603 containers, or prior to January 1, 2036, whichever comes first. 604 (2) Container labels that include language or graphic images or both indicating 605 the primary material accepted and the primary materials prohibited in that 606 container or containers with imprinted text or graphic images that indicate 607 the primary materials accepted and primary materials prohibited in the 608 container. Pursuant 14 CCR Section 18984.8, the container labels are 609 required on new containers commencing January 1, 2022. 610 (F) Excluding Multi-Family Residential Dwellings, prohibit employees from placing 611 materials in a container not designated for those materials per the City’s Organic 612 Waste, and non-Organic Waste collection service to the extent practical through 613 education, training, inspection, and/or other measures. 614 ((G) Excluding Multi-Family Residential Dwellings, periodically inspect Green Container 615 and Black Containers for contamination and inform employees if containers are 616 contaminated and of the requirements to keep contaminants out of those 617 containers pursuant to 14 CCR Section 18984.9(b)(3). 618 (H) Annually provide information to employees, contractors, tenants, and customers 619 about Organic Waste Recovery requirements and about proper sorting of Source 620 Separated Green Container Organic Waste.
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624 (when applicable) and the location of containers and the rules governing their use 625 at each property.
626 (J) Provide or arrange access for the city or its agent to their properties during all 627 inspections conducted in accordance with § 50.19to confirm compliance with the 628 requirements of this Chapter.
629 (K) At Commercial Business’ option and subject to any approval required from the City, 630 implement a Remote Monitoring program for inspection of the contents of its Green 631 Containers and Black Containers for the purpose of monitoring the contents of 632 containers to determine appropriate levels of service and to identify Prohibited 633 Container Contaminants. Generators may install Remote Monitoring devices on or 634 in the Green Containers and Black Containers subject to written notification to or 635 approval by the City or its Designee.
636 (L) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in 637 § 50.12 of this Chapter.
638 (M) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 639 Generators shall comply with Food Recovery requirements, pursuant to § 50.09. 640 (N) Frequency of collection. Collection of refuse shall be made at least once a week 641 from all businesses in the city, but as many times per week as the City Manager 642 may order, from all businesses which generate garbage as defined in this chapter. 643 § 50.08 Waivers for Generators.
644 (A) De Minimis Waivers: The City may waive a Commercial Business’ obligation 645 (including Multi-Family Residential Dwellings) to comply with some or all of the 646 Organic Waste requirements of this Chapter if the Commercial Business provides 647 documentation that the business generates below a certain amount of Organic 648 Waste material as described in § 50.08, subdivision (a)(2). Commercial 649 Businesses requesting a de minimis waiver shall:
650 (1) Submit an application specifying the services that they are requesting a 651 waiver from and provide documentation as noted in § 50.08, subdivision 652 (a)(2).
653 (2) Provide documentation that either:
654 (a) The Commercial Business’ total Solid Waste collection service is two 655 cubic yards or more per week and Organic Waste subject to 656 collection in a Green Container comprises less than 20 gallons per 657 week per applicable container of the business’ total waste; or, 658 (b) The Commercial Business’ total Solid Waste collection service is less 659 than two cubic yards per week and Organic Waste subject to {CW112273.3}

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660 collection in a Green Container comprises less than 10 gallons per 661 week per applicable container of the business’ total waste. 662 (3) Notify the City within thirty (30) days if circumstances change such that 663 Commercial Business’s Organic Waste exceeds threshold required for 664 waiver, in which case waiver will be rescinded.
665 (4) Provide written verification of eligibility for de minimis waiver every 5 years, 666 if the City has approved de minimis waiver.
667 (B) Physical Space Waivers: The City may waive a Commercial Business’ or property 668 owner’s obligations (including Multi-Family Residential Dwellings) to comply with 669 some or all of Organic Waste collection service requirements if the City has 670 evidence from its own staff, a hauler, licensed architect, or licensed engineer 671 demonstrating that the premises lacks adequate space for the collection containers 672 required for compliance with the Organic Waste collection requirements of § 50.06 673 and § 50.07.
674 A Commercial Business or property owner may request a physical space waiver 675 through the following process:
676 (1) Submit an application specifying the type(s) of collection services for which 677 they are requesting a compliance waiver.
678 (2) Provide documentation that the premises lacks adequate space for Green 679 Containers including documentation from its hauler, licensed architect, 680 licensed engineer or by verification after a site visit from a city enforcement 681 official.
682 (3) Provide written verification to the City that it is still eligible for physical space 683 waiver every five years, if the City has approved application for a physical 684 space waiver.
685 .§ 50.09 Requirements for Commercial Edible Food Generators. 686 (A) Tier One Commercial Edible Food Generators must comply with the requirements 687 of this Section commencing January 1, 2022, and Tier Two Commercial Edible 688 Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 689 Section 18991.3.
690 (B) Large Venue or Large Event operators not providing food services, but allowing 691 for food to be provided by others, shall require Food Facilities operating at the 692 Large Venue or Large Event to comply with the requirements of this Section, 693 commencing January 1, 2024.
694 (C) Commercial Edible Food Generators shall comply with the following requirements:
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695 (1) Arrange to recover the maximum amount of Edible Food that would 696 otherwise be disposed.
697 (2) Contract with or enter into a written agreement with Food Recovery 698 Organizations or Food Recovery Services for: (i) the collection of Edible 699 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 700 Commercial Edible Food Generator self-hauls to the Food Recovery 701 Organization for Food Recovery.
702 (3) Shall not intentionally spoil Edible Food that is capable of being recovered 703 by a Food Recovery Organization or a Food Recovery Service. 704 (4) Allow the City’s designated enforcement entity or designated third party 705 enforcement entity to access the premises and review records pursuant to 706 14 CCR Section 18991.4.
707 (5) Keep records that include the following information, or as otherwise 708 specified in 14 CCR Section 18991.4:
709 (a) A list of each Food Recovery Service or organization that collects or 710 receives its Edible Food pursuant to a contract or written agreement 711 established under 14 CCR Section 18991.3(b).
712 (b) A copy of all contracts or written agreements established under 14 713 CCR Section 18991.3(b).
714 (c) A record of the following information for each of those Food Recovery 715 Services or Food Recovery Organizations:
716 (i) The name, address and contact information of the Food 717 Recovery Service or Food Recovery Organization.
718 (ii) The types of food that will be collected by or self-hauled to the 719 Food Recovery Service or Food Recovery Organization. 720 (iii) The established frequency that food will be collected or self721 hauled. 722 (iv) The quantity of food, measured in pounds recovered per 723 month, collected or self-hauled to a Food Recovery Service or 724 Food Recovery Organization for Food Recovery.
725 (6) No later than April of each year commencing no later than April 2023 for 726 Tier One Commercial Edible Food Generators and April 2025 for Tier Two 727 Commercial Edible Food Generators provide an annual Food Recovery 728 report to the City that includes the information from § 50.09 (C)(5). {CW112273.3}

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729 (C) Nothing in this Chapter shall be construed to limit or conflict with the protections 730 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 731 Good Samaritan Act, or share table and school food donation guidance pursuant 732 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 733 September 25, 2017, which added Article 13 [commencing with Section 49580] to 734 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 735 Section 114079 of the Health and Safety Code, relating to food safety, as 736 amended, supplemented, superseded and replaced from time to time). 737 § 50.10 Requirements for Food Recovery Organizations and Services, and 738 Regional Agencies.
739 (A) Food Recovery Services collecting or receiving Edible Food directly from 740 Commercial Edible Food Generators, via a contract or written agreement 741 established under 14 CCR Section 18991.3(b), shall maintain the following 742 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
743 (1) The name, address, and contact information for each Commercial Edible 744 Food Generator from which the service collects Edible Food. 745 (2) The quantity in pounds of Edible Food collected from each Commercial 746 Edible Food Generator per month.
747 (3) The quantity in pounds of Edible Food transported to each Food Recovery 748 Organization per month.
749 (4) The name, address, and contact information for each Food Recovery 750 Organization that the Food Recovery Service transports Edible Food to for 751 Food Recovery.
752 (B) Food Recovery Organizations collecting or receiving Edible Food directly from 753 Commercial Edible Food Generators, via a contract or written agreement 754 established under 14 CCR Section 18991.3(b), shall maintain the following 755 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
756 (1) The name, address, and contact information for each Commercial Edible 757 Food Generator from which the organization receives Edible Food. 758 (2) The quantity in pounds of Edible Food received from each Commercial 759 Edible Food Generator per month.
760 (3) The name, address, and contact information for each Food Recovery 761 Service that the organization receives Edible Food from for Food Recovery. 762 (C) Food Recovery Organizations and Food Recovery Services shall inform 763 generators about California and Federal Good Samaritan Food Donation Act {CW112273.3}

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764 protection in written communications, such as in their contract or agreement 765 established under 14 CCR Section 18991.3(b).
766 (D) Food Recovery Organizations and Food Recovery Services that have their primary 767 address physically located in the City and contract with or have written agreements 768 with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 769 18991.3(b) shall report to the City it is located in the total pounds of Edible Food 770 recovered in the previous calendar year from the Tier One and Tier Two 771 Commercial Edible Food Generators they have established a contract or written 772 agreement with pursuant to 14 CCR Section 18991.3(b) no later than April of each 773 year.
774 (E) Food Recovery Capacity Planning
775 (1) Food Recovery Services and Food Recovery Organizations. In order to 776 support Edible Food Recovery capacity planning assessments or other 777 studies conducted by the County, City, special district that provides solid 778 waste collection services, or its designated entity, Food Recovery Services 779 and Food Recovery Organizations operating in the City shall provide 780 information and consultation to the City, upon request, regarding existing, 781 or proposed new or expanded, Food Recovery capacity that could be 782 accessed by the City and its Commercial Edible Food Generators. A Food 783 Recovery Service or Food Recovery Organization contacted by the City 784 shall respond to such request for information within 60 days, unless a 785 shorter timeframe is otherwise specified by the city. 786 § 50.11 Requirements for Haulers and Facility Operators. 787 (A) Requirements for Haulers
788 (1) Exclusive franchise hauler, non-exclusive franchised haulers, permitted 789 haulers, and licensed haulers providing residential, commercial, or 790 industrial Organic Waste collection services to generators within the City’s 791 boundaries shall meet the following requirements and standards as a 792 condition of approval of a contract, agreement, or other authorization with 793 the City to collect Organic Waste:
794 (a) Through written notice to the City annually on or before April 1, 795 identify the facilities to which they will transport Organic Waste 796 including facilities for Source Separated Recyclable Materials, and 797 Source Separated Green Container Organic Waste.
798 (b) Transport Source Separated Recyclable Materials, and Source 799 Separated Green Container Organic Waste to a facility, operation, {CW112273.3}

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800 activity, or property that recovers Organic Waste as defined in 14 801 CCR, Division 7, Chapter 12, Article 2.
802 (c) Obtain approval from the City to haul Organic Waste, unless it is 803 transporting Source Separated Organic Waste to a Community 804 Composting site or lawfully transporting C&D in a manner that 805 complies with 14 CCR Section 18989.1 , and the Riverbank 806 Municipal Code.
807 (2) Exclusive franchise hauler, non-exclusive franchised haulers, permitted 808 haulers, and licensed haulers authorization to collect Organic Waste shall 809 comply with education, equipment, signage, container labeling, container 810 color, contamination monitoring, reporting, and other requirements 811 contained within its franchise agreement, permit, license, or other 812 agreement entered into with the City.
813 (B) Requirements for Facility Operators and Community Composting Operations 814 (1) Owners of facilities, operations, and activities that recover Organic Waste, 815 including, but not limited to, compost facilities, in-vessel digestion facilities, 816 and publicly-owned treatment works shall, upon the City’s request, provide 817 information regarding available and potential new or expanded capacity at 818 their facilities, operations, and activities, including information about 819 throughput and permitted capacity necessary for planning purposes. 820 Entities contacted by the City shall respond within 60 days. 821 (2) Community Composting operators, upon the City’s request, shall provide 822 information to the City to support Organic Waste capacity planning, 823 including, but not limited to, an estimate of the amount of Organic Waste 824 anticipated to be handled at the Community Composting operation. Entities 825 contacted by the City shall respond within 60 days. 826 § 50.12 Self-Hauler Requirements.
827 (A) Self-Haulers shall source separate Organic Waste (materials that the City 828 otherwise requires generators to separate for collection in the City’s organics and 829 collection program) generated on-site from Solid Waste in a manner consistent 830 with 14 CCR 18984.2, or shall haul Organic Waste to a High Diversion Organic 831 Waste Processing Facility as specified in 14 CCR Section 18984.3. 832 (B) Self-Haulers shall haul their Source Separated Green Container Organic Waste to 833 a Solid Waste facility, operation, activity, or property that processes or recovers 834 Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic 835 Waste to a High Diversion Organic Waste Processing Facility. {CW112273.3}

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836 (C) Self-Haulers that are Commercial Businesses (including Multi-Family Residential 837 Dwellings) shall keep a record of the amount of Organic Waste delivered to each 838 Solid Waste facility, operation, activity, or property that processes or recovers 839 Organic Waste; this record shall be subject to Inspection by the city’s enforcement 840 official. The records shall include the following information:
841 (1) Delivery receipts and weight tickets from the entity accepting the waste. 842 (2) The amount of material in cubic yards or tons transported by the generator 843 to each entity.
844 (3) If the material is transported to an entity that does not have scales on-site, 845 or employs scales incapable of weighing the Self-Hauler’s vehicle in a 846 manner that allows it to determine the weight of materials received, the Self847 Hauler is not required to record the weight of material but shall keep a record 848 of the entities that received the Organic Waste.
849 (D) A residential Organic Waste Generator that self-hauls Organic Waste is not 850 required to record or report information in § 50.012, subdivision (c). 851 § 50.13 Anti-Scavenging.
852 It shall be unlawful for anyone other than the authorized refuse collector to remove 853 any recyclable material placed in a container provided and maintained by the 854 authorized solid waste collector.
855 § 50.14 City May Designate Location of Disposal; Franchised Collector to Furnish 856 Containers.
857 (A) The city may, by written notice to the franchised solid waste collector, designate 858 the location, including waste-to-energy facilities, where solid waste from the city 859 shall be delivered for disposal.
860 (B) The franchised solid waste collector shall furnish and maintain all containers at his 861 sole cost and expense. All bins one yard and greater in size located within the 862 public right-of-way shall have reflective tape a minimum of 24 square inches in 863 area placed on the corners of the bin and three feet from the bottom of the bin. 864 § 50.15 Rates to Be Charged.
865 The rates for Solid Waste collection shall be set by resolution of the City Council. 866 § 50.16 Payment.
867 (A) The rates herein provided for shall be payable monthly in advance from the date 868 of issuance of a temporary occupancy permit for each dwelling or structure or from 869 date of occupancy, whichever first occurs.
{CW112273.3}

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870 (B) However, rendered bills may be cancelled or adjusted to reflect vacancies of 871 units or structures on the following basis:
872 (1) Commercial and industrial buildings and single-family residence. A credit 873 shall be allowed against subsequent billings for each period consisting of 874 not less than a week during which the premises are vacant provided an 875 affidavit is delivered to the City Clerk within 30 days following the end of 876 the month for which the credit is claimed stating the fact of the vacancy 877 and the period for which it existed.
878 (2) Multiple dwellings, including duplexes. A credit shall be allowed against 879 subsequent billings for each period consisting of not less than a week 880 during which all units are vacant, and one-half credit shall be allowed 881 against subsequent billings for each period of not less than a week during 882 which more than half of the units are vacant, provided an affidavit is 883 delivered to the City Clerk within 30 days following the end of the month 884 for which the credit is claimed stating the fact of the vacancy and the 885 period for which it existed.
886 (3) Credit converted to refund. In the event there is no subsequent billing, the 887 credit shall be converted to a refund upon filing of an affidavit by the 888 person entitled to the credit with the City Clerk within 30 days following 889 termination of affiant's liability for subsequent billings stating the fact and 890 amount of the entitlement to credit and the facts terminating affiant's 891 liability for subsequent billings.
892 § 50.17 Method of Collection of Rates by City.
893 The following provisions shall be applicable to and determine the method of collection of 894 such solid waste rates by the city:
895 (A) The charge for solid waste service shall be added to the charges for water 896 service and/or sewer service and payment of the total amount must be made in 897 accordance with city rules regulating the payment of water service charges. 898 (B) Delinquent payment of charges for solid waste service shall be treated in the 899 same manner as delinquency for payment of water service charges and/or sewer 900 service charges.
901 (C) All charges for solid waste collection shall be billed to the following persons:
902 (1) In the case of any person whose premises are connected with the 903 municipal water system, then to the person who requested such 904 connection to the municipal water system or his successor in interest, to 905 any person requesting that such bill be charged to him. 906 (2) In the case of any person whose premises are not connected to the 907 municipal water system, then to the person who requested the connection {CW112273.3}

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908 to the sewage system or his successor in interest, or if no such request 909 was made, then to the owner of record of such premises on the date on 910 which such premises are required hereby to commence garbage and trash 911 collection services, or to the successors in interest to such person, or to 912 any person requesting that such bill be charged to him. 913 (D) Each charge for solid waste collection service levied pursuant to this section on 914 any premises within the city is hereby made a lien upon such premises, and any 915 steps authorized by law may be taken by the city to enforce payment of such lien. 916 (E) In each case where a bill for solid waste collection service shall become 917 delinquent, the City Manager shall cause the premises to be disconnected from 918 the municipal water and/or sewage system pursuant to the procedures set forth 919 in §52.66 herein. Whenever premises have been disconnected from either or 920 both the municipal water system and the municipal sewage system for 921 nonpayment of garbage and trash collection charges, such premises shall not be 922 reconnected to either the municipal water system or the municipal sewage 923 system until all delinquent fees, charges and rates have been paid, together with 924 such reasonable charges for reconnection as may be established from time to 925 time by resolution adopted by the City Council.
926 § 50.18 Owners; Liability for Payment of Services to Multiple Dwellings. 927 Owners of multiple dwellings or apartments (two or more families) shall be responsible 928 for the payment of solid waste collection services rendered to premises owned by them, 929 although payments will be accepted from tenants. However, for convenience to the city, 930 persons billed for water service will also be billed for solid waste collection service. 931 § 50.19 Inspections and Investigations by City.
932 (A) The City Manager, or his or her designee, are authorized to conduct Inspections 933 and investigations, at random or otherwise, of any collection container, collection 934 vehicle loads, or transfer, processing, or disposal facility for materials collected 935 from generators, or Source Separated materials to confirm compliance with this 936 Chapter by Organic Waste Generators, Commercial Businesses (including Multi937 Family Residential Dwellings), property owners, Commercial Edible Food 938 Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery 939 Organizations, subject to applicable laws. This Section does not allow the City to 940 enter the interior of a private residential property for inspection. 941 (B) A Person shall provide or arrange for access during all inspections (with the 942 exception of residential property interiors) and shall cooperate with the City 943 Manager, or his or designee, during such Inspections and investigations. Such 944 inspections and investigations may include confirmation of proper placement of 945 materials in containers, Edible Food Recovery activities, records, or any other {CW112273.3}

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946 requirement of this Chapter described herein. Failure to provide or arrange for: (i) 947 access to an entity’s premises; or (ii) access to records for any Inspection or 948 investigation is a violation of this Chapter and may result in penalties described. 949 (C) Any records obtained by the City Manager, or his or designee, during its 950 inspections, and other reviews, shall be subject to the requirements and applicable 951 disclosure exemptions of the Public Records Act as set forth in Government Code 952 Section 6250 et seq.
953 (D) The City Manager, or his or her designee, are authorized to conduct any 954 inspections, or other investigations as reasonably necessary to further the goals 955 of this Chapter, subject to applicable laws.
956 (E) The City shall receive written complaints from persons regarding an entity that may 957 be potentially non-compliant with SB 1383 Regulations, including receipt of 958 anonymous complaints.
959 § 50.20 Enforcement.
960 (A) The City Manager, or his or her designee, shall enforce the provisions of this 961 Chapter, subject to the approval of the City Council, and shall have the power to 962 establish rules and regulations, consistent with the provisions of this Chapter, 963 governing the keeping, collection, removal and disposal of Solid Waste. 964 (B) Violation of any provision of this Chapter shall constitute an infraction and will be 965 grounds for issuance of a Notice of Violation and assessment of a fine by a City 966 Manager, or his or her designee. . Absent compliance by the respondent within 967 the deadline set forth in the Notice of Violation, the City Manager or designated 968 enforcement agency shall commence an action to impose penalties, pursuant to 969 the City’s standard procedures or the standard procedures. 970 (C) A violation may be punishable by:
971 (1) A fine of one hundred dollars for a first violation; 972
973 (2) A fine of two hundred dollars for a second violation of the same provision 974 of this code within any twelve consecutive month period; 975
976 (3) A fine of five hundred dollars for each additional violation of the same 977 provision of this code within any twelve consecutive-month period. Any 978 violation after the third violation of the same provision of this Chapter within 979 any twelve consecutive-month period may be charged so each day that a 980 violation of this Chapter continues shall constitute a separate and distinct 981 offense.
982
{CW112273.3}

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983 (D) Other remedies allowed by law may be used, including civil action or prosecution 984 as misdemeanor. The City may pursue civil actions in the California courts to seek 985 recovery of unpaid administrative citations. The City may choose to delay court 986 action until such time as a sufficiently large number of violations, or cumulative 987 size of violations exist such that court action is a reasonable use of City staff and 988 resources.
989 (E) Compliance Deadline Extension Considerations
990 The City may extend the compliance deadlines set forth in a Notice of Violation 991 issued in accordance with this Section if it finds that there are extenuating 992 circumstances beyond the control of the respondent that make compliance within 993 the deadlines impracticable, including the following:
994 (1) Acts of God such as earthquakes, wildfires, flooding, and other 995 emergencies or natural disasters;
996 (2) Delays in obtaining discretionary permits or other government agency 997 approvals; or,
998 (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 999 Recovery capacity and the city is under a corrective action plan with 1000 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 1001 (F) Appeals Process
1002 Persons assessed a a penalty for an uncorrected violation may request a hearing 1003 to appeal the citation within thirty (30) days of the assessment of the penalty by 1004 filing a notice of appeal with the City Clerk. Evidence may be presented at the 1005 hearing. The City will appoint a hearing officer who shall conduct the hearing and 1006 issue a final written order. The hearing shall be conducted in accordance with 1007 City’s procedure.
1009 SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is 1010 for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any 1011 reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The 1012 City Council of the City of Riverbank hereby declares that it would have passed this Ordinance 1013 and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact 1014 that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be 1015 declared invalid.
1016 SECTION 3. This Ordinance shall become effective thirty (30) days from and after its final 1017 passage and adoption, and publication of the Ordinance shall occur in a newspaper of general 1018 circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance 1019 published in a newspaper of general circulation at least five (5) days prior to adoption and again 1020 at least fifteen (15) days prior to its effective date. {CW112273.3}

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1021 The foregoing ordnance was given its first reading and introduced by title only at a regular meeting 1022 of the City Council of the City of Riverbank held on the 22nd day of March, 2022. Said Ordinance 1023 was given a second reading by title only and adopted. 1024
1025 PASSED, APPROVED AND ADOPTED by the City Council of the City of Riverbank at a regular 1026 meeting on the 12th day of April, 2022; motioned by Councilmember _______, seconded by 1027 Councilmember __________, by a City Council roll call vote of _______:
1028
1029 AYES:
1030
1031 NAYS:
1032
1033 ABSENT:
1034
1035 ABSTAIN:
1036
1037 ATTEST: APPROVED:
1038
1039
1040 ____________________________ __________________________________ 1041 Kathy L. Teixeira Richard D. O’Brien
1042 Interim City Clerk Mayor
1043

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: April 12, 2022
Subject: A Resolution to Approve and Adopt the Revised 2022 City of Riverbank Measure L Expenditure Plan Project List
From: Marisela H. Garcia, Interim City Manager
Submitted By: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council consider adopting the proposed changes to the City of Riverbank’s Measure L Expenditure Plan Project List for local streets and roads, traffic management, and bike and pedestrian improvement projects.

SUMMARY
On November 8, 2016 the Stanislaus County voters approved a ½ cent sales tax measure to fund local and regional transportation projects and programs. The tax is expected to generate approximately $39 million dollars a year over a 25- year period for Stanislaus County.

The City of Riverbank entered into a Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) and within that agreement the City agrees to provide StanCOG with a detailed project list for local streets and roads, traffic management and bicycle/pedestrian projects that are scheduled to be constructed with Measure L Funding. The projects identified on the Expenditure Plan Project List detail a comprehensive list of infrastructure improvements that the City has identified as priority projects. The last update to the list was approved by the City Council at the February 9, 2021 meeting. At that meeting it was stated that the project list would be reviewed annually and any changes or adjustments to the List would be brought before the City Council for approval. Also, all improvements or projects on this List will require City Council review and approval prior to construction.

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LOCAL STREETS AND ROADS
Recognizing that streets are the backbone of our transportation system, the Plan provides funds to local cities and Stanislaus County, distributed primarily based on 2015 population to support local roads. These funds are used exclusively for repair and maintenance – no new road construction will be funded. These funds must be used to augment current transportation spending and cannot be used to replace a local agency’s general fund expenditures.

The City currently has approximately $1,962,700 in Measure L funding and an additional $952,000 expected through the end of the year for a total of $2,914,700.

Projects slated for this year utilizing these funds:

Roselle Avenue Sidewalk Project/Road Improvements (Match Monies) $ 100,000 Santa Fe Street Overlay – Fifth to Seventh Street (PE) $ 30,000 Santa Fe Street Overlay – Fifth to Seventh Street (CON) $ 565,227 Patterson Road Overlay – Eighth Street to Claus Road &
First Street Overlay – Atchison to Bridge (PE & CON) $ 888,926 Bridge Deck Overlay (PE/Design) $ 50,000
Claribel Road Overlay – Squire Wells to West of Roselle (PE & CON) $ 404,220 Pavement Restoration 2023 – (PE) $ 55,000
TOTAL: $2,093,373
This will leave a reserve of approximately $821,327.

Projects slated for early Spring 2023:

Pavement Restoration 2023 – (CON) $ 836,582

TRAFFIC MANAGEMENT
Traffic management projects can include upgrades to local intersections, road widening, signalization, bridge replacements and/or traffic calming methods.

The City currently has approximately $521,888 in Measure L funding and an additional $189,000 expected through the end of the year for a total of $711,081.

The project slated for this year utilizing these funds are as follows:

Callendar Avenue Pedestrian Project (Phase I) $ 430,217 Traffic Calming Safety Improvements $ 40,000
TOTAL: $ 470,217
This will leave a reserve of approximately $240,864.

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Item 9.4 – CC / LRA – 04/12/2022

BIKE AND PEDESTRIAN IMPROVEMENTS
Bike and pedestrian improvements can include connectivity between communities, local schools, trails and recreation facilities.

The City currently has approximately $131,694 in Measure L funding and an additional $89,000 expected through the end of the year for a total of $220,694.

The projects slated for this year utilizing these funds are as follows:

Rapid Flashing Beacons $ 30,000
Claus Road Sidewalk Project $ 130,778
Roselle Avenue Sidewalk (Westgate to Rosebrook over MID Canal) $ 50,000 TOTAL: $ 210,778
This will leave a reserve of approximately $9,916.

FISCAL IMPACT THROUGH THE END OF 2022:

Measure L – Streets & Roads: $2,093,373
Measure L – Traffic Management $ 470,217
Measure L – Bike & Pedestrian $ 210,778

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. City of Riverbank Expenditure Plan Project List Revised 4/12/2022

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CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING AND ADOPTING THE REVISED 2022

CITY OF RIVERBANK MEASURE L EXPENDITURE PLAN PROJECT LIST WHEREAS, the Riverbank City Council has reviewed the revised 2022 Measure L Expenditure Plan Project List presented by staff; and
WHEREAS, the ½ cent sales tax measure approved by the voters to fund local and regional transportation projects and programs is expected to generate approximately $952,000 for the City of Riverbank’s local streets and roads; and WHEREAS, the ½ cent sales tax measure approved by the voters to fund local and regional transportation projects and programs is expected to generate approximately $189,000 for the City of Riverbank’s traffic management projects; and WHEREAS, the ½ cent sales tax measure approved by the voters to fund local and regional transportation projects and programs is expected to generate approximately $89,000 for the City of Riverbank’s bicycle/pedestrian projects; and WHEREAS, each project on the revised 2022 Measure L Expenditure Plan Project List attached, will require City Council review and approval prior to construction; and WHEREAS, each year a comprehensive review of the proposed Measure L Project List will be conducted and any changes presented to Council.

NOW, THEREFORE, BE IT RESOLVBED that the City Council of the City of Riverbank hereby approves the City of Riverbank’s revised 2022 Measure L Expenditure Plan Project List.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 12th day of April, 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 Resolution 2022-
ATTEST: APPROVED:
__________________________ __________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A - City of Riverbank Measure L Expenditure Plan Project List Type Projects Description Shared Cost
Measure L
Funds
Planned
Start
Planned
Completion
Local Streets and Roads (50%)
Sidewalk & Road Improvements
Roselle Avenue Sidewalk Project/Road
Improvements
Roselle Avenue Curb/Gutter/Sidewalk/Road
Improvements (Fern Court to Talbot) Match Money $100,000 FY 2021 FY 2022 Overlay (Preliminary Engineering) Santa Fe Street Overlay Santa Fe Street Overlay (5th - 7th Streets)
Preliminary Engineering Full Design Cost $30,000 FY 2021 FY 2022 Overlay (Construction) Santa Fe Street Overlay
Santa Fe Street Overlay (5th - 7th Streets)
Construction Shared Cost $565,227 FY 2022 FY 2022
Overlay (PE & Construction) Patterson Road Overlay & First Street Overlay Patterson Road Overlay (Eighth to Claus)
First Street Overlay (Atchison to bridge)
Full Design &
Construction Cost $888,926 FY 2021 FY 2022
Bridge Deck Overlay (PE & Consultant) Santa Fe Bridge Deck Overlay Santa Fe Bridge Deck Overlay Design &
Consultant $50,000 FY 2022 FY 2022
Overlay (PE & Construction) Claribel Road Overlay
Claribel Road Overlay (Squire Wells to West of
Roselle Avenue
Full Design &
Construction Cost $404,220 FY 2022 FY 2023
Pavement Restoration 2023 (PE) Micro Slurry Seal Various Streets Micro Slurry Seal Various Streets Full Design Cost $55,000 FY 2022 FY 2023 Pavement Restoration 2023 (CON) Micro Slurry Seal Various Streets Micro Slurry Seal Various Streets Constructon Cost $836,582 FY 2023 FY 2023 Traffic Management (10%)
Pedestrian & Road Improvements (Matching
Funds) Callander Avenue Pedestrian Project (Phase I)
ROW & Construction - Complete Street
Improvements - Calendar Avenue between
Topeka & Santa Fe Streets Shared Cost $430,217 FY 2021 FY 2023 Traffic Calming Safety Improvements
Flashing warning lights before Squire Wells
Roundabout intersection
Flashing warning lights before Squire Wells
Roundabout intersection Full Project Cost $40,000 FY 2022 FY 2022 Bike/Ped (5%)
Pedestrian Crosswalk Safety Improvements Rapid Flashing Beacons Locations to be determined Full Project Cost $30,000 FY 2022 FY 2022 Pedestrian Sidewalk Project Claus Road Sidewalk Project Claus Road (RR Tracks to Sierra Street) Full Design &
Construction Cost $130,778 FY 2022 FY 2023
Pedestrian Sidewalk Project (PE)
Roselle Avenue between Westgate & Rosebrook
over MID Canal
Roselle Avenue between Westgate &
Rosebrook over MID Canal Full Design $50,000 FY 2022 FY 2023 City of Riverbank Measure L Expenditure Plan Project List (Revised 4/12/2022) Exhibit A

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: April 12, 2022
Subject: A Resolution Authorizing the Purchase of the Jackson Avenue Property (APN 075-005-025) and 2531 Stanislaus Street (APN 075- 005-013) for $550,000 and Allocating Funds from the American Rescue Plan Act Fund 136 for said Purchase
From: Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution authorizing the purchase of the Jackson Avenue Property (APN 075-005-025) and 2531 Stanislaus Street (APN 075-005-013) for $550,000 and Allocating Funds from the American Rescue Plan Act Fund 136.

SUMMARY
On March 22, 2022 the City Council provided staff direction to initiate negotiations for the purchase of these properties in order to develop a transitional housing project for the City of Riverbank. Tonight’s action formalizes that approval and allows the allocation of funds from the American Rescue Plan Act funding received by the City.

BACKGROUND
In February 2019, the City Council participated in a Strategic Plan update wherein they developed eight Goals that would provide city staff with guidance on the priorities of the City Council. These Goals were developed to assist the City in reaching its Mission “…to provide high quality, professional services and a safe family-oriented community for our diverse residents to thrive.” The intent of the City’s Mission statement is to provide opportunities for all of our residents to thrive, including our homeless population within the City. To that end, one of the City Council’s Goals to achieve this Mission is to “Enhance Quality of Life”.

In order to achieve the City’s goal, the City Council established a Strategic Plan Objective to “engage the community and non-profit partners in the development of programs and/or solutions for homeless services.” To that end, in 2021 the City Council began its efforts to provide services to our homeless residents in the City of Riverbank. American Rescue Plan Act Funds were used in July 2021 to purchase a home on Sierra Street that will

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Item 9.5 – CC/LRA – 04/12/2022
serve as the City’s first Emergency Overnight Shelter and Day Use Navigation Center.

The intent is to provide a safe, warm environment for our homeless residents to sleep in overnight and be able to have access to necessary services, such as job training, personal development, mental health, and substance abuse rehabilitation services. This is intended to provide our homeless population with an opportunity to move past this moment in life and set them up for the future where they may move on to a rental or homeownership opportunity. The services will be provided via a contract with Cambridge Academies which is currently in effect.

The intent of the purchase of the Jackson and Stanislaus properties is to allow the City to implement Phase II of its Strategic Plan Objective to assist our homeless population. The property will allow the City to develop a tiny home village which will provide transitional housing, at low cost, to our residents as they continue to move through the program with Cambridge Academies. This plan, as well as other potential uses of the property, will be discussed further with the City Council once the purchase is finalized.

After direction was received on March 22, a purchase offer was submitted to the sellers and has been accepted for a purchase price of $550,000 with a 15-day escrow. Tonight’s action will formalize the authorization for the Interim City Manager to proceed with the purchase of the property and allocate American Rescue Plan Act Funds for said purchase.

STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Objective to ““engage the community and non-profit partners in the development of programs and/or solutions for homeless services.”

FINANCIAL IMPACT
Purchase price negotiated at $550,000 to be allocated from American Rescue Plan Act Fund 136.

ATTACHMENT

1. Draft City Council Resolution 2022-

2. Vacant Land Purchase Agreement

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CC/LRA – 04/12/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, AUTHORIZING THE PURCHASE OF THE JACKSON AVENUE PROPERTY (APN 075-005-025) AND 2531 STANISLAUS STREET
(APN 075-005-013) FOR $550,000 AND ALLOCATING FUNDS FROM THE AMERICAN RESCUE PLAN ACT FUND 136 FOR SAID PURCHASE
WHEREAS, in February 2019 the City Council established a Strategic Plan Goal to “Enhance Quality of Life”; and
WHEREAS, in order to achieve this Goal the City Council established an Objective to “engage the community and non-profit partners in the development of programs and/or solutions for homeless services”; and
WHEREAS, over the course of the past year the City Council has begun to implement its plan to provide services to our homeless residents via the purchase of property for an overnight shelter/day use facility and a contract for services with Cambridge Academies; and
WHEREAS, the purchase of these properties will allow the City to continue implementing its plan by providing a space for a transitional housing development; and WHEREAS, on March 22, 2022 the City Council provided the Interim City Manager with direction to proceed with the negotiation for the purchase of these properties; and WHEREAS, the City Council desires to allocate $550,000 in American Rescue Plan Act Funds in order to complete this purchase.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the purchase of the Jackson Avenue property (APN 075- 005-025) and 2531 Stanislaus Street (APN 075-005-013) and allocates $550,000 from American Rescue Plan Act funds for this purchase.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 12th day of April, 2022; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of _____:

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CC/LRA – 04/12/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ ______________ ___________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A

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Item 10.1 – CC / LRA 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARINGS
Meeting Date: April 12, 2022
Subject: Public Hearing for Proposed Solid Waste Rate Increase (1) Open the Proposition 218 Public Hearing and Receive Written Protests to the Proposed Rate Increase for Solid Waste Disposal Services, and
(2) Adopt a Resolution Accepting and Closing the Proposition 218 Public Notification and Protest Process as it Relates to the Proposed Rate Increase for Solid Waste Disposal Services, and
(3) Consider Adopting a Resolution Approving the Proposed Solid Waste Rates (this item is contingent upon the Results of the Protest Process), and
(4) Authorize Mayor Richard D. O’Brien to Execute a Franchise Agreement with Gilton Solid Waste for Solid Waste Disposal Services.

From: Marisela H. Garcia, Interim City Manager

RECOMMENDATION
It is recommended that the City Council consider the following requests related to the publicly noticed Public Hearing regarding the proposed Solid Waste Rate increase:

1. Open the Proposition 218 public hearing and receive written protests to the proposed rate increase for Solid Waste Disposal Services, and

2. Adopt a Resolution accepting and closing the Proposition 218 Public Notification and Protest Process as it relates to the proposed rate increase for solid waste disposal services, and

3. Adopt a Resolution approving the proposed Solid Waste Rates contingent upon the results of the protest process, and

4. Authorize the City Manager to execute a Franchise Agreement with Gilton Solid Waste for Solid Waste Disposal Services.

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Item 10.1 – CC / LRA 04/12/2022

SUMMARY
At the December 14, 2021 meeting the City Council authorized city staff to proceed with the Proposition 218 process. The Public Hearing had originally been scheduled for February 22, 2022 but due to noticing requirements the Hearing was extended to tonight which will conclude the Prop 218 process.

BACKGROUND
Over the past number of years, the California legislature has passed a variety of new laws that have had significant impact on the way that solid waste and recycling is managed in California. The most recent and significant new legislation SB 1383 (Short-Lived Climate Pollutants: Organic Waste Reduction) will place new requirements on each jurisdiction with regard to solid waste services. Gilton’s January 21, 2021 letter to the City Council notes that “SB 1383 will further support California’s efforts to achieve the statewide 75% recycling goal established in AB 341 and strengthen the implementation of mandatory commercial organics recycling established in AB 1826. SB 1383 was finalized on November 10, 2020, and is required to be implemented on January 1, 2022. There are several actions that each jurisdiction in the state will be required to do in order to meet SB 1383 mandates”.

SB 1383 is intended to reduce methane emissions at landfills through a process of reducing the disposal of organic waste by 75% below 2014 levels. Organic waste is defined as green materials, wood waste, fiber materials, food scraps, food soiled paper, and landscaping and pruning waste. In order to meet these mandates, changes will be needed to Riverbank’s current waste disposal system.

On March 9, 2021 the City Council received a presentation from Gilton regarding options being developed to comply with SB 1383. The options for complying with the legislation result in two basic options. The first options is to add a third can (recycling can) and onboard appropriate staff as code compliance officers to ensure that residents are appropriately following the guidelines for dividing various refuse into the appropriate cans.

This option comes with significant costs in terms of additional service infrastructure and staff from Gilton (additional cans, additional trucks, and Gilton staff to provide the service).

Alternatively, Gilton has proposed to its current client municipalities a high diversion Material Recovery Facility (MRF) system. Having this system would negate the need for a third can as the waste streams would be sorted by the MRF system ensuring that organic and materials appropriate to be recycled were diverted from the overall waste stream that could otherwise end up in the landfill. Gilton provided a general explanation of this equipment and system at the March 9, 2021 City Council meeting.

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Item 10.1 – CC / LRA 04/12/2022
After completing their analysis, Gilton presented to Council the strategy and preliminary associated costs. Gilton estimates that the base increase for the average residential utility account will increase by approximately $11.57 monthly (approximately a 33% increase).

In addition, Gilton will provide additional SB 1383 compliance services for the following:

1. Compost Procurement

2. Contamination Monitoring, Route Reviews & Waste Audits

3. Outreach & Education
These additional services will add $0.28 to the monthly cost for a total increase of $11.85 per month for residential customers.

At the August 24, 2021 meeting, the City Council provided feedback to staff indicating its desire to move forward with the proposed MRF system and authorized staff to initiate the Proposition 218 process to analyze and consider this, and future, rate increases for solid waste services.

The following proposed rates were presented to the City Council and were the subject of the evaluation by Bartle Wells Associates to ensure that the additional costs as a result of SB 1383 were equitably allocated to the City of Riverbank:

Residential & Small Business (Non-Residential) Rates:

Rate Type
Current
Monthly
Rates
Proposed Monthly
Rates Effective
5/1/2022
Residential - 90 gallon MSW Cart* & Organics Cart** $23.40 $35.25 Residential - 30 gallon MSW Cart & Organics Cart 20.52 32.37 Residential - 90 gallon MSW Cart & Organics Cart - Low Income Senior/Disabled Rate 17.55 29.40
Residential - 30 gallon MSW Cart & Organics Cart - Low Income Senior/Disabled Rate 15.44 27.29
Residential - (2) 90 gallon MSW Carts & Organics Cart 30.85 50.70 Residential - (3) 90 gallon MSW Carts & Organics Cart 38.30 66.15 Residential - (2) 90 gallon MSW Carts & Organics Cart - Low Income Senior/Disabled Rate 24.37 42.82
Non Residential & Small Business - 90 Gallon MSW Cart 23.40 35.25 Non Residential & Small Business - 30 Gallon MSW Cart 20.59 32.44 Non Residential & Small Business - (2) 90 Gallon MSW Carts & Organics Cart 30.85 50.70
Non Residential & Small Business - (3) 90 Gallon MSW Carts & Organics Cart 38.30 66.15
Non Residential & Small Business - (4) 90 Gallon MSW Carts & Organics Cart 45.75 81.60

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Item 10.1 – CC / LRA 04/12/2022
Commercial Rates:

Rate Type
Current
Monthly Rates
Proposed Monthly Rates
Effective 5/1/2022
Commercial - 1 yd Bin 1x per week pickup 57.06 69.41
Commercial - 2 yd Bin 1x per week pickup 90.63 115.33
Commercial - 2 yd Bin 2x per week pickup 165.31 214.71
Commercial - 2 yd Bin 3x per week pickup 240.12 314.22
Commercial - 3 yd Bin 1x per week pickup 124.70 161.75
Commercial - 3 yd Bin 2x per week pickup 226.16 300.26
Commercial - 3 yd Bin 3x per week pickup 316.53 427.68
Commercial - 3 yd Bin 4x per week pickup 426.25 574.45
Commercial - 4 yd Bin 1x per week pickup 162.75 212.15
Commercial - 4 yd Bin 2x per week pickup 299.42 398.22
Commercial - 4 yd Bin 3x per week pickup 417.55 565.75
Commercial - 4 yd Bin 4x per week pickup 500.99 698.59
Commercial - 4 yd Bin 5x per week pickup 615.93 862.93
Commercial - 4 yd Bin 6x per week pickup 739.42 1,035.82 Commercial - 6 yd Bin 1x per week pickup 223.11 297.21
Commercial - 6 yd Bin 2x per week pickup 412.35 560.55
Commercial - 6 yd Bin 3x per week pickup 593.84 816.14
Commercial - 6 yd Bin 4x per week pickup 693.32 989.72
Commercial - 6 yd Bin 5x per week pickup 833.35 1,203.85 Commercial - 6 yd Bin 6x per week pickup $867.31 $1,311.91

SOLID WASTE RATE STUDY FINDINGS
On December 14, 2021 the City Council received the Final Solid Waste Study Report, herein attached, wherein the consulting firm of Bartle Wells Associates (BWA) presented the following findings:
“the cost for Gilton to provide service has increased due to new regulation. BWA finds the proposed rates reflect the cost for the City to provide solid waste service.” PROPOSITION 218 PUBLIC NOTIFICATION AND PROTEST PROCESS As authorized by the City Council at the December 14, 2021 meeting, staff began the Prop 218 public notification and protest process. This process requires a minimum protest period of 45 days. In order to comply with all the requirements, the following process was followed:

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Item 10.1 – CC / LRA 04/12/2022
• Public Notification was processed and delivered to the US Postal Services on January 6, 2022, 46 days prior to originally scheduled February 22, 2022 public hearing date. Mailing was sent to both the property address and the mailing address of property owner’s (if different). A total of 7,773 public notifications were mailed.
• Public Notification highlighted the date of the Public Hearing. • Public Notification described the rates to be considered and the services to be provided.
• Public Notification explained to residents the protest process. All protests must be received in writing by the City Clerk and include the property owner’s name, address or APN, state that their intent is to protest the rates, and include the property owner’s signature.

Under Proposition 218 if written protests against the proposed fee or charge are presented to the City by a majority of owners of the identified parcels prior to the close of the public hearing, the agency shall not impose the fee or charge. As of the writing of this report, 94 protests had been received.

FRANCHISE AGREEMENT
On September 28, 2021 the City Council approved a new Franchise Agreement between the City of Riverbank and Gilton Solid Waste. The intent of the franchise agreement is to continue to engage Gilton in providing refuse collection and disposal services for residential and commercial collection. By entering into this agreement Gilton will assist the City in meeting its SB 1383 requirements. With this agreement, the City grants to Gilton Solid Waste the exclusive franchise, right and privilege to collect all Solid Waste, Green Waste, and Organics Waste within the Franchise Area and to transport the same to a sanitary landfill, transfer station, compost/mulching site, or waste-to-energy facility outside the City. Gilton Solid Waste will furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide residential and commercial refuse collection services for customers within the franchise area of city.

The following terms are included in the agreement:

1. Term – The term is for a 6-year period beginning January 1, 2022. The term automatically extends for an additional year beginning each January unless either the City or Gilton provide notice to terminate the agreement. If such notice is provided (by either party) the agreement will terminate 5 years from the effective date of the anniversary (January 1). This added term and lengthy termination procedure are requested by Gilton to ensure a long-term commitment by the City which is important given the level of investment Gilton intends to carry forth related to AB 1383 compliance on behalf of the City of Riverbank. Additionally, a lengthy termination term allows a significant period of time for both parties to prepare for moving the service contract on to another waste hauler (or renegotiate the contract with Gilton if that is the direction from Council).

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Item 10.1 – CC / LRA 04/12/2022

2. Consumer Price Index (CPI) Changes – Gilton has requested that the Council consider amendments to the CPI. The CPI adjustment cap in the previous agreement was capped at 2.5%, Gilton has requested this cap be increased to 5% as CPI priced changes have occasionally exceeded 2.5% in the past which has not allowed Gilton to adjust for CPI cost increases that exceed the capped amount of 2.5%. Regardless, under the proposed updated terms Gilton could request CPI adjustments to the contract for any amount over the actual CPI adjustment (up to a ceiling of 5%).

3. SB 1383 – Compliance Language and Detail –The agreement represents updated language more clearly defining various SB 1383 requirements.

4. Updated Anticipated Rates (subject to 218 process) – The rates contained in the attachment to the agreement are the requested amended increase to service costs which will be studied and reviewed during the Proposition 218 process. If the Council does not approve the rates at the conclusion of the Proposition 218 process or if a majority of the rate payers protest the rates under the Proposition 218 process the rates would not be instituted. The rate sheets generally indicate the general residential cost per month as was discussed at the last workshop on this matter, the rate sheets also include increases to additional services, as well as commercial rates. (Rate sheets are both attached to the franchise agreement as an exhibit and also attached to this staff report for ease of reference).

5. Updated Additional Service Cost as it relates to SB 1383 components – SB 1383 not only requires a reduction of organic waste currently going to landfills, it also has specific procurement requirements for each jurisdiction to procure a specific amount of compost on a yearly basis. Gilton has provided additional optional service costs for those services in addition to service costs for monitoring, reporting, route reviews, waste audits, as well as outreach and education. Staff feels it is most appropriate to opt in for the provision of these additional services by Gilton to completely verify compliance with SB 1383. (Additional Service Costs are both attached to the franchise agreement as an exhibit and also attached to this staff report for ease of reference).

As approved via Resolution 2021-090, execution of the agreement is contingent upon a satisfactory conclusion to the Proposition 218 process, including the adoption of the proposed rates. Should rates be adopted at the Public Hearing, Mayor O’Brien is authorized to proceed with execution of the agreement.

FINANCIAL IMPACT
Should the protest hearing reveal that a majority of the property owners did not protest the proposed rate increase, and the City Council adopts the Resolution to establish the new rates, those will become effective May 1, 2022.

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Item 10.1 – CC / LRA 04/12/2022
Waste collection and disposal fees are paid by the customers that receive service, therefore residents and commercial customers will note the increase in rates in the July 2022 billing.

The City will collect additional franchise fees on the gross revenues generated which are placed in the General Fund.

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

ATTACHMENT

1. Draft City Council Resolution 2022- ; Accepting and Closing the Proposition 218 Public Notification and Protest Process as it Relates to the Proposed Rate Increase for Solid Waste Disposal Services.

2. Draft City Council Resolution 2022- ; Approving the Proposed Solid Waste Rates (this item is contingent upon the results of the protest process).

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CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, ACCEPTING AND CLOSING THE PROPOSITION 218 PUBLIC

NOTIFICATION AND PROTEST PROCESS AS IT RELATES TO A PROPOSED RATE

INCREASE FOR SOLID WASTE DISPOSAL SERVICES
WHEREAS, the City of Riverbank (“City”) has negotiated a franchise agreement for the collection, transportation and disposal of solid waste, green waste and recyclables (“Franchise Agreement”) with Gilton Solid Waste Management, Inc. (“Gilton”); and WHEREAS, the Solid Waste Rate Study, approved on December 14, 2021, prepared by Bartle Wells Associates (“Rate Study”), finds that the various rates proposed by Gilton are reasonably related to the cost of service; and WHEREAS, the City is proceeding to comply with Proposition 218 requirements in connection with the proposed rate increase and franchise agreement; and WHEREAS, Proposition 218 notices were mailed, pursuant to Government Code 53755, to the mailing and billing addresses of owners and tenants of parcels within the City who are responsible for paying for solid waste services/record owners of each parcel receiving solid waste services on January 6, 2022, which complies with the minimum 45- day notice requirement; and
WHEREAS, under Proposition 218 if written protests against the proposed fee or charge are presented to the City by a majority of owners of the identified parcels prior to the close of the public hearing, the agency shall not impose the fee or charge; WHEREAS, the City Clerk has verified and counted the protests and determined that there are ____ valid protests.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, DOES HEREBY ACCEPT AND CLOSE the Proposition 218 public notification and protest process with receipt of less than a majority protest vote as declared by the City Clerk of the City of Riverbank. The City Council may adopt a rate increase for solid waste services in accordance with the Rate Study, consistent with Proposition 218.

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CC/LRA – 04/12/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

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

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CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK ADOPTING

THE REVISED RATES FOR SOLID WASTE DISPOSAL SERVICES AND

AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT WITH GILTON SOLID WASTE MANAGEMENT, INC.

WHEREAS, the City of Riverbank (“City”) has negotiated a franchise agreement for the collection, transportation and disposal of solid waste, green waste and recyclables (“Franchise Agreement”) with Gilton Solid Waste Management, Inc. (“Gilton”); and, WHEREAS, the Solid Waste Rate Study, approved by Council on December 14, 2021, prepared by Bartle Wells Associates (“Rate Study”), finds that the various rates proposed by Gilton and presented in Exhibit A, herein attached, are reasonably related to the cost of service; and,
WHEREAS, the City has complied with Proposition 218 requirements in connection with the proposed rate increase and franchise agreement; and, WHEREAS, The City Council did accept and close the Proposition 218 public notification and protest process with receipt of less than a majority protest vote as declared by the City Clerk of the City of Riverbank; and,
WHEREAS, The City Council, as authorized by Ordinance No. 2014-007, may establish new solid waste disposal rates by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby:

1. Adopts the revised rates as presented in Exhibit A, and which may be amended from time to time based on the franchise agreement, for Solid Waste Disposal Services; and,

2. Authorizes the Mayor to execute a Franchise Agreement with Gilton Solid Waste Management, Inc.

AYES:

NAYS:

ABSENT:

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CC/LRA – 04/12/2022
CC Resolution 2022-
ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachments: Exhibit A
Rate Type
Current
Monthly Rates
Proposed Monthly Rates
Effective 5/1/2022
Residential - 90 gallon MSW Cart & Organics Cart 23.40 35.25 Residential - 30 gallon MSW Cart & Organics Cart 20.52 32.37 Residential - 90 gallon MSW Cart & Organics
Cart - Low Income Senior/Disabled Rate 17.55 29.40
Residential - 30 gallon MSW Cart & Organics
Cart - Low Income Senior/Disabled Rate 15.44 27.29
Residential - (2) 90 gallon MSW Cart & Organics Cart 30.85 50.70 Residential - (3) 90 gallon MSW Cart & Organics Cart 38.30 66.15 Residential - (2) 90 gallon MSW Cart & Organics
Cart - Low Income Senior/Disabled Rate 24.37 42.82
Non Residential & Small Business - 90 Gallon MSW Cart 23.40 35.25 Non Residential & Small Business - 30 Gallon MSW Cart 20.59 32.44 Non Residential & Small Business - (2) 90 Gallon
MSW Cart & Organics Cart 30.85 50.70
Non Residential & Small Business - (3) 90 Gallon
MSW Cart & Organics Cart 38.30 66.15
Non Residential & Small Business - (4) 90 Gallon
MSW Cart & Organics Cart 45.75 81.60
Commercial - 1 yd Bin 1x per week pickup 57.06 69.41
Commercial - 2 yd Bin 1x per week pickup 90.63 115.33
Commercial - 2 yd Bin 2x per week pickup 165.31 214.71
Commercial - 2 yd Bin 3x per week pickup 240.12 314.22
Commercial - 3 yd Bin 1x per week pickup 124.70 161.75
Commercial - 3 yd Bin 2x per week pickup 226.16 300.26
Commercial - 3 yd Bin 3x per week pickup 316.53 427.68
Commercial - 3 yd Bin 4x per week pickup 426.25 574.45
Commercial - 4 yd Bin 1x per week pickup 162.75 212.15
Commercial - 4 yd Bin 2x per week pickup 299.42 398.22
Commercial - 4 yd Bin 3x per week pickup 417.55 565.75
Commercial - 4 yd Bin 4x per week pickup 500.99 698.59
Commercial - 4 yd Bin 5x per week pickup 615.93 862.93
Commercial - 4 yd Bin 6x per week pickup 739.42 1,035.82 Commercial - 6 yd Bin 1x per week pickup 223.11 297.21
Commercial - 6 yd Bin 2x per week pickup 412.35 560.55
Commercial - 6 yd Bin 3x per week pickup 593.84 816.14
Commercial - 6 yd Bin 4x per week pickup 693.32 989.72
Commercial - 6 yd Bin 5x per week pickup 833.35 1,203.85 Commercial - 6 yd Bin 6x per week pickup $867.31 $1,311.91

EXHIBIT A

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Item 10.2 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARINGS
Meeting Date: April 12, 2022
Subject: A Resolution Authorizing a 13.4% Inflationary Adjustment Increase to the City of Riverbank System Development Fees Based on the Construction Cost Index to be effective May 1, 2022.

From: 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 authorizing a

13.4% Inflationary Adjustment increase to the City of Riverbank System Development Fees (also known as Development Impact Fees) based on the Construction Cost Index.

SUMMARY
Resolution 2015-021 adopted on March 24, 2015 authorizes the City to review the Construction Cost Index by City (as published monthly in the Engineering News Records), and may increase System Development Fees by the same percentage of increase in said index.

System Development Fees have not been increased since 2018, therefore we believe it is prudent to present a fee increase based on the aforementioned Index.

BACKGROUND
The purpose of a System Development Fee is to provide a rational and equitable basis for the expansion of capital facilities to accommodate the impacts created by new development. For many years, traditional sources of infrastructure funding have been inadequate to maintain the existing systems and this has left no revenue available to expand the system to meet growing needs. Development fees provide a mechanism where new development cumulatively mitigates their total impact on the city’s systems on a proportionate basis to their individual impact by paying fees to expand the systems based on the relative size of the development.

In 2015 City staff, with the assistance of the AECOM consulting group, underwent a significant update to the previously adopted 2005 System Development Fees. This

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Item 10.2 – CC/LRA – 04/12/2022
update resulted in a fee program which reflected community infrastructure needs for the planned growth delineated in the 2005-2025 General Plan.

Because the fees are established in order to address future infrastructure needs, staff wanted to ensure that the City Council would have the ability to apply a cost inflation factor in order to address future construction cost increases. Resolution 2015-021 allows for the City to propose a fee increase based on the “Construction Cost Index by City” as published monthly in the Engineering News Record (see Exhibit A). Based on the San Francisco and Los Angeles ENR Cost Index for 2021, staff is proposing a 13.4% increase in all System Development Fees.

The proposed fee levels are as follows:

STRATEGIC PLAN
This is directly related to the City’s Strategic Plan Goals to Achieve and Maintain Financial Stability and Sustainability and Maintain and Improve the City’s Infrastructure and Service Delivery Systems.

FINANCIAL IMPACT
There is no financial impact associated with the application

ATTACHMENT

1. Attachment A: ENR’s Cost Indexes by City

2. Draft City Council Resolution 2022-

3. Exhibit A: Proposed 2022 System Development Fees
Land Use Water Sewer Storm Parks/Rec Traffic 5% Admin Total Residential Per DU Per DU Per DU Per DU Per DU Per DU Per DU Per DU Clustered Rural (RR) $15,828 $5,896 $8,957 $4,039 $1,463 $4,167 $2,017 $42,369 Lower Density (LDR) $8,244 $3,595 $8,124 $4,592 $1,662 $3,501 $1,486 $31,203 Medium Density (MDR) $7,914 $3,003 $3,280 $3,935 $1,423 $3,084 $1,132 $23,771 Higher Density (HDR) $5,738 $3,687 $3,701 $3,280 $1,186 $2,625 $1,010 $21,227 Mixed Use (Residential)
(MU) $5,738 $1,116 $2,395 $2,862 $1,036 $4,167 $866 $18,181 Non-Residential
Community Commercial
(CC) $2.43 $1.94 $4.99 N/A $0.43 $6.53 $0.82 $17.13
Mixed Use (Commercial)
(MU) $2.44 $1.95 $4.96 N/A $0.43 $6.79 $0.83 $17.40
Industrial/Business Park
(I/BP) $2.42 $1.64 $4.89 N/A $0.32 $6.76 $0.79 $16.82
Office (MU LU
Classification) $2.38 $1.52 $4.79 N/A $0.60 $4.12 $0.67 $14.07 2022 PROPOSED FEE LEVELS

SYSTEM DEVELOPMENT FEES
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Gen Gov/
Police
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 (mailto:?subject=DGS%20California%20Construction%20Cost%20Index%20CCCI&body=%0ahttps%3A%2F%2Fwww.dgs.ca.gov%2FRESD%2FResources%2FPage-Content%2FRealEstate-Services-Division-Resources-List-Folder%2FDGS-California-Construction-Cost-Index-CCCI%3Fsearch%3Dccci%2520table%0a%0a) Careers (/OHR/Careers) Translate
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The current five year CCCI table is updated the 2nd half of the month for the current month. The ENR BCI reports cost trends for specific construction trade labor and materials in the California market and does not reflect current market bidding environment. Prior to July 1991, CCCI was recorded quarterly, all months post July 1991 are calculated based on the ENR BCI reports and recorded for each month.

California Construction Cost Index 2021-2025
Month 2025 2024 2023 2022 2021
January 8151 7090
February 8293 7102
March 8736 7130
April 7150
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June 7746
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August 8122
September 7900
October 8080
November 8141
December 8072
Annual % * 13.4%
*Annual Percentage is calculated from December to December.

HISTORIC CALIFORNIA CONSTRUCTION COST INDEX
HOME (/) REAL ESTATE SERVICES DIVISION (HTTPS://WWW.DGS.CA.GOV/RESD) RESOURCES (HTTPS://WWW.DGS.CA.GOV/RESD/RESOURCES) DGS CALIFORNIA CONSTRUCTION COST INDEX CCCI (HTTPS://WWW.DGS.CA.GOV/RESD/RESOURCES/PAGE-CONTENT/REAL-ESTATE-SERVICES-DIVISION-RESOURCESLIST-FOLDER/DGS-CALIFORNIA-CONSTRUCTION-COST-INDEX-CCCI) Client agencies can find current construction cost index for California by the Real Estate Services Division.

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Real Estate Service Division
707 Third St., 4th Floor West Sacramento, California 95605 Phone: (916) 376-1700
Email: [email protected] (mailto:[email protected]) PLEASE DO NOT SUBMIT PERSONALLY IDENTIFIABLE INFORMATION.

CALIFORNIA CONSTRUCTION COST INDEX 1996-2000
Attachment: Exhibit A: 2022 System Development Fees Page 1 of 1 CC/LRA – 04/05/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AUTHORIZING A 13.4% INFLATIONARY ADJUSTMENT INCREASE

TO THE CITY OF RIVERBANK SYSTEM DEVELOPMENT FEES BASED ON THE CONSTRCUTION COST INDEX TO BE EFFECTIVE MAY 01, 2022
WHEREAS, the City Council of the City of Riverbank adopted Resolution 2015- 021 on March 24, 2015 which established revised System Development Fees; and WHEREAS, Section 5 of Resolution 2015-021 authorizes the City to review and recommend an increase to the System Development Fees based on the Construction Cost Index by City (as published monthly in the Engineering News Records) as of January 1 of each year; and
WHEREAS, in order to ensure that the fee program accurately reflects the rising costs of construction it is prudent to recommend an increase to the 2018 System Development Fees; and
WHEREAS, the January 2022 Construction Cost Index by City for San Francisco and Los Angeles was determined to be 13.4%; and
WHEREAS, a 13.4% cost inflation factor has been used in order to determine the proposed 2022 System Development Fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank authorizes a 13.4% Inflationary Adjustment Increase to the 2018 System Development Fees as presented in Exhibit A.

AYES:

NAYS:

ABSENT:

ABSTAINED:

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

EXHIBIT A
Land Use Water Sewer Storm Parks/Rec Traffic 5% Admin Total Residential Per DU Per DU Per DU Per DU Per DU Per DU Per DU Per DU Clustered Rural (RR) $15,828 $5,896 $8,957 $4,039 $1,463 $4,167 $2,017 $42,369 Lower Density (LDR) $8,244 $3,595 $8,124 $4,592 $1,662 $3,501 $1,486 $31,203 Medium Density (MDR) $7,914 $3,003 $3,280 $3,935 $1,423 $3,084 $1,132 $23,771 Higher Density (HDR) $5,738 $3,687 $3,701 $3,280 $1,186 $2,625 $1,010 $21,227 Mixed Use (Residential)
(MU) $5,738 $1,116 $2,395 $2,862 $1,036 $4,167 $866 $18,181 Non-Residential
Community Commercial
(CC) $2.43 $1.94 $4.99 N/A $0.43 $6.53 $0.82 $17.13
Mixed Use (Commercial)
(MU) $2.44 $1.95 $4.96 N/A $0.43 $6.79 $0.83 $17.40
Industrial/Business Park
(I/BP) $2.42 $1.64 $4.89 N/A $0.32 $6.76 $0.79 $16.82
Office (MU LU
Classification) $2.38 $1.52 $4.79 N/A $0.60 $4.12 $0.67 $14.07 2022 PROPOSED FEE LEVELS

SYSTEM DEVELOPMENT FEES
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Per Square
Foot
Gen Gov/
Police

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Item 10.3 – CC / LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.3
SECTION 10: PUBLIC HEARINGS
Meeting Date: April 12, 2022
Subject: First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV, Land Usage, by repealing in their entirety Sections §153.215 ZONING PERMITS, §153.216 USE PERMITS, §153.217 VARIANCE, §153.218 APPEALS, and §153.219 MOBILE HOME
PERMITS, and substituting them with new Sections and adding new Sections §153.210 through §153.214.

From: Marisela H. Garcia, Interim City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance (Attachment 1) 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 26, 2022, for consideration of its adoption.

SUMMARY
The proposed Zoning Ordinance Amendment is a staff-initiated proposal to modify the Riverbank Municipal Code (RMC) to update the City’s Administrative Procedures as it relates to processing entitlement applications.

Specifically, the amendments include:
• Repeal Section §153.215 Zoning Permits, §153.216 Use Permits, §153.217 Variance, §153.218 Appeals, and §153.219 Mobile Home Permits and substituting them with new Sections §153.215 through §153.219. The new Sections are a reorganization of the City’s Administrative Procedures and includes processing procedures for planning entitlements, including Use Permits, Architecture and Site Plan Review, Variance and Appeals.
• Add Section §153.210 Purpose, §153.211 Permits – General, §153.212 Application, §153.213 Supporting Information, and §153.214 Review Procedure to

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Item 10.3 – CC / LRA – 04/12/2022
the RMC. The new Sections provide general processing procedures, including but not limited to supporting information required for new application submittals and public hearing notice requirements.

The Planning Commission, at their regular meeting of March 15, 2022 and with a vote of 4-0, recommended approval of the ordinance to the City Council (Attachment 2).

BACKGROUND AND ANALYSIS
The City’s Municipal Code includes administrative procedures for the processing of entitlement applications. Typically, these procedures include submittal requirements and procedures for specific entitlement applications. Together, these Sections are entitled “Permits, Variances, Appeals”. The City’s Zoning Code includes processing procedures for the following entitlement applications:
• Use Permits
• Variance
• Appeal
• Mobile Home Permits
Each section related to entitlement includes procedures for application submittal, public hearing notice, appeal, action by Planning Commission or the Community Development Director and expiration date of the specific entitlement. The purpose of updating the administrative procedures is to assist in streamlining review of entitlement applications and provide consistency related to the supporting information requirement for the entitlement applications (e.g., Legal Description of the property, location map, environmental information form, site plans, elevations, etc.).

Additionally, the Mobile Home Permits Section is being removed. Currently, the City requires a Mobile Home Permit for the placement of a mobile home on a zoned R-1, R2, R-3 or R-4 (there is no R-4 zoning district) which contains one single-family dwelling.

As a by-right use, State law allows the placement of a mobile home on a single-family lot and is treated as a single-family dwelling. Furthermore, the City’s Zoning Code allows for the development of Accessory Dwelling Units (ADUs) consistent with State law. As such, a Mobile Home Permit should no longer be required.

The proposed Zoning Ordinance Amendment would re-organize and re-format these Sections in the Zoning Code and together would rename the Sections “Administrative Procedures”. Specifically, the proposed Zoning Ordinance Amendment includes the following components:

Section §153.210 Purpose
This Section provides Purpose of the Administrative Procedures title. The purpose is to provide administrative and legislative procedures for the review of plans, the processing and review of applications, and for appeal procedures with respect to Community Development Director and Planning Commission determinations.

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Item 10.3 – CC / LRA – 04/12/2022
Section §153.211 Permits – General
This Section requires that applications for any permit (e.g., Conditional Use Permit, Architecture and Site Plan Review, Variance, etc.) are prepared and submitted by the applicant and processed by the City pursuant to the provisions set forth in the Zoning Title. The purpose of this Section is to ensure that applications are reviewed by the appropriate body or person pursuant to City regulations.

Section §153.212 Application
This Section details that application for any permit, variance, appeal, or other entitlement considered by the City, shall be made on a form prescribed by the City and signed by the applicant and the owner of the affected property and shall be accompanied by a fee.

Section §153.213 Supporting Information
The purpose of this Section is to ensure that applications submitted to the City are accompanied by supporting information, such as legal description of the property, location map showing the project site and general vicinity, a completed environmental information form, and project plans (e.g., site plan, elevations, floor plans, and other maps and information necessary required by the City).

Section §153.214 Review Procedure
This Section provides the general review procedure for City staff to use when reviewing entitlement applications. The list includes the Preliminary Review for reviewing applications for completeness, CEQA review and final review and action.

Section §153.215 Public Hearing Notice
The purpose of this Section is to require Public Hearing notice pursuant to State law (Government Code Section 65091) for applicable entitlements. For example, Use Permits are a Public Hearing and require a Public Hearing Notice published in the newspaper and mailed to property owners within 300 feet 10-days prior to the Public Hearing.

Section §153.216 Use Permits
This Section provides the procedures for processing Use Permits. The procedure includes required information to be submitted by an applicant (Form), Public Hearing requirement, Approval Findings, Denial, Appeal, and Effect (expiration date of the approval).

The Approval Findings have been updated as a list of required findings for Planning Commission to make when reviewing and approving Use Permits. The approval findings are as follows:
(1) The proposed use is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Chapter. (2) The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design,

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Item 10.3 – CC / LRA – 04/12/2022
and operating characteristics), be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general welfare of the city.
(3) The proposed use is consistent with the purpose of the applicable zoning district or districts.
(4) The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.

Section §153.216 (H)(3) Effect extends the expiration date of a Use Permit from twelve (12) months to twenty-four (24) months due to labor and materials shortages brought on by the Covid-19 pandemic.

Section §153.217 Architecture and Site Plan Review
This is a new Section providing review procedures for Architecture and Site Plan Review.

Architecture and Site Plan Review applications are required for all developments, buildings, structure, and other facilities constructed or modified in any Zoning District. For example, a proposed new commercial building where the use is permitted requires an Architecture and Site Plan Review application. Compared to Use Permits, findings for Architecture and Site Plan Review applications are related to consistency with City regulations and development standards, conflicts with vehicular, bicycle or pedestrian transportation modes of circulation, site layout, and architecture. Specifically, the Approval Findings are as follows:
(1) The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, improvement standards, and other applicable standards and regulations adopted by the city. (2) The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
(3) The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and compliments the existing surrounding environment and ultimate character of the area under the General Plan.
(4) The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and similar elements, establishes a clear design concept and is compatible with the character of the buildings on adjoining and nearby properties.

Section §153.217 (G)(3) Effect extends the expiration date of an Architecture and Site Plan Review approval from twelve (12) months to twenty-four (24) months due to labor and materials shortages brought on by the Covid-19 pandemic.

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Item 10.3 – CC / LRA – 04/12/2022
Section §153.218 Variance
A Variance application is a special request to the City to waive or alter one (1) or more specific development standards. Generally, Variance applications are processed when there are practical difficulties and unnecessary hardship that result from the strict application of certain provisions and development standards. For example, a Variance application may be warranted when a proposed development on an irregularly shaped lot cannot meet a specific setback requirement. Variances are typically reserved for special circumstances and specific findings must be made for the Planning Commission to approve the request.

Specifically, the Approval Findings are as follows:
(1) Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications. (2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will not constitute a grant of special privileges.
(3) The granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

Section §153.219 Appeals
This Section provides the procedures for submitting and processing an Appeal. An appeal can be made by an interested person dissatisfied with a determination or action of the Community Development Directory or Planning Commission within ten (10) days from the date of the action.

ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance Amendment is exempt according to the California Environmental Quality Act (CEQA) Article 5 §15061(b)(3) by the “Common Sense Exemption” that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

The proposed amendments to not change the zoning designation on any individual property and does not affect existing land use. The purpose of the amendment is to update the City’s Administrative Procedures as it relates to receiving and processing

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Item 10.3 – CC / LRA – 04/12/2022
entitlement applications. The proposed amendment will not directly or indirectly result in the development of a specific project.

FINANCIAL IMPACT
None. This project is funded by the State of California through a Senate Bill 2 Grant. 2020-2025 STRATEGIC PLAN
The Strategic Plan’s purpose is to help the City prioritize its efforts, allocating both fiscal and human resources to achieve a shared Vision and Goals that also reflect community priorities and needs. Obtaining and using a Senate Bill 2 Grant is a strategy that supports the City’s Goal to “Ensure the City’s Continued Financial Stability.”

1.3 Continue to seek local, regional and federal grant opportunities to support City projects, programs, and initiatives.

In this case, the City was awarded a State Grant in order to implement updates and streamline the City’s Administrative Procedures.

PUBLIC NOTICE
The City Council public hearing notice was published in the Riverbank News on March 23, 2022, posted at City Hall North, City Hall South, and the Riverbank Community Center.

ATTACHMENTS

1. Draft Ordinance 2022-

2. Planning Commission Resolution 2022-001 (no exhibits with this item) {CW112539.1} Page 1 of 11
Effective Date: 00/00/0000

THE CITY COUNCIL

OF THE CITY OF RIVERBANK
ORDINANCE 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,

CALIFORNIA, AMENDING RIVERBANK MUNICIPAL CODE BY ADDING SECTIONS §153.210 THROUGH §153.214 AND REPEALING IN THEIR ENTIRETY SECTIONS §153.215, ZONING PERMITS, §153.216, USE PERMITS, §153.217, VARIANCE, §153.218, APPEALS, AND §153.219 MOBILE HOME PERMITS, AND AMENDING THEM WITH NEW SECTIONS §153.215 THROUGH §153.219
WHEREAS, on March 2, 2022, notice of the Planning Commission public hearing was published in the Riverbank News in compliance with California Government Code Section 65090, and posted in public places throughout the City and on the City’s website; and
WHEREAS, the Planning Commission held a public hearing on March 15, 2022 to consider an amendment to the City of Riverbank Municipal Code and with a vote of 4-0, recommended approval of this ordinance to the City Council; and WHEREAS, the proposed amendments to the Riverbank Municipal Code implement the requirements of State law and add local policies that are within the scope of the State law; and
WHEREAS, the amendment is exempt according to the California Environmental Quality Act (CEQA) Article 5 §15061(b)(3) by the “Common Sense Exemption” that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, The Riverbank Planning Commission made the following finding:

1. The proposed Zoning Ordinance Amendment is consistent with the City’s General Plan Land Use Element.

2. The proposed Zoning Ordinance Amendment furthers the public interest, convenience, and general welfare of the City. The amendments would ensure consistency of the Riverbank Municipal Code with the General Plan and State law, and update application processing procedures that are relevant to the current practices in the planning profession.
{CW112539.1} Page 2 of 11
Effective Date: 00/00/0000

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

SECTION 1: Title XV: Land Usage, Chapter 153: Zoning, Section 153.215: Zoning permits, Section 153.216: Use permits, Section 153.217: Variance, Section 153.218:

Appeals, and Section 153.219: Mobile home permits, shall be repealed in its entirety and amended with new Title XV: Land Usage, Chapter 153 Zoning, Sections 153.215 through §153.219, and new Title XV: Land Usage, Chapter 153 Zoning, Sections 153.210 through 153.214 shall be added, which shall read as follows:

Administrative Procedures
Section
153.210 Purpose
153.211 Permits – General
153.212 Application
153.213 Supporting Information
153.214 Review Procedure
153.215 Public Hearing Notice
153.216 Use Permits
153.217 Architecture and Site Plan Review
153.218 Variance
153.219 Appeals
§ 153.210 PURPOSE
(A) The purpose of sections 153.210 through 153.219 is to provide administrative and legislative procedures for the review of plans, the processing and review of applications for consideration and relief under this Chapter, and for appeal procedures with respect to Community Development Director and Planning Commission determinations.
§ 153.211 PERMITS – GENERAL
(A) Application for any permit, variance, appeal, zoning ordinance amendment or other entitlement provided by this Chapter shall be prepared and submitted by the applicant, shall be processed by the city, and shall be reviewed by the appropriate body or person pursuant to this Chapter and the more specific provisions set forth in subsequent sections for the specific entitlement.
§ 153.212 APPLICATION
(A) Application for any permit, variance, appeal, or other entitlement provided by this Chapter and considered by the city, shall be made on form prescribed by the city {CW112539.1} Page 3 of 11
Effective Date: 00/00/0000
and signed by the applicant and the owner of the affected property or authorized agent and shall be accompanied by the fee prescribed by a separate city ordinance. § 153.213 SUPPORTING INFORMATION
(A) Applications to be considered by the city shall be accompanied by the following supporting information as may be applicable:
(1) A legal description of the property (required);
(2) A location map showing the project site and the general vicinity of the site (required);
(3) A completed environmental information form as prescribed by the city in its CEQA Guidelines (required);
(4) Site plans, elevations plans, floor plans, and other maps and data as may be necessary to describe the existing conditions on and surrounding the property and the proposed plans for the future development of the property. The Planning Commission shall by resolution, maintain a listing of the minimum documentation necessary for submittal in support of each type of application; (5) Such other information specified in this title for the particular entitlement requested.
§ 153.214 REVIEW PROCEDURE
(A) Upon submittal to the city, applications shall be processed in accordance with the following:
(1) Preliminary review. Within thirty days following initial submittal of an application the following actions shall be taken by the Community Development Director or his/her designee:
(a) A determination shall be made as to whether the application is in order and complete pursuant to city requirements and CEQA Guidelines. (b) If the application is determined to be not in order or complete the applicant shall be notified of the deficiencies in application and/or specific data necessary to make it complete.
(c) At such time as the application is determined to be complete, the applicant shall be notified.
(B) CEQA. Following certification that an application is complete the city shall review the proposal conducting any studies necessary for its property consideration and {CW112539.1} Page 4 of 11
Effective Date: 00/00/0000
causing the preparation of reports for the reviewing body including any prerequisite environmental documents.
(C) Final Review and Action.
(1) If the matter is one requiring a public hearing, a public hearing date shall be set and advertised pursuant to § 153.215.
(2) If the matter is one allowing the Community Development Director or his/her designee action, the matter shall be reviewed and action shall be taken. (3) If the matter is one requiring Planning Commission action or recommendation to the City Council, the matter will be forwarded to the Planning Commission for their review and action or recommendation. (4) If the matter is one requiring City Council action, the matter will be forwarded to the City Council for their review and action. § 153.215 PUBLIC HEARING NOTICE
(A) Whenever the provisions of this title state that a public hearing shall be held, a public hearing notice shall be given pursuant to § 65091 of the Government Code.
(B) All mailing or publication shall be accomplished at least ten (10) days prior to the public hearing.
(C) The failure of any person to receive notice required by this section, shall not affect the authority of the city to act on a matter before it, provided proper notice has been found to be given.
§ 153.216 USE PERMITS
(A) Purpose. Use permits may be issued for any of the uses or purposes for which such permits are required and are subject to the provisions of this section. (B) Form. Applications for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by sufficient information in writing, drawings or pictures to show the detail of the proposed use or building(s). Applications for a use permit shall provide evidence to support the approval findings pursuant to § 153.216(D). A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed. (C) Public Hearing. The Planning Commission shall give notice and hold a public hearing on each application for a use permit in accordance with the provisions of § 153.215 of this chapter.
{CW112539.1} Page 5 of 11
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(D) Approval Findings. The Planning Commission shall make the following findings to approve a Use Permit application:
(1) The proposed use is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Chapter. (2) The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general welfare of the city. (3) The proposed use is consistent with the purpose of the applicable zoning district or districts.
(4) The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.
(E) Conditions. The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.
(F) Denial. In cases where any use permit is refused, the Planning Commission shall state its reasons for such refusal.
(G) Appeal. Appeal of the Planning Commission’s action on the request for a Use Permit shall be made in accordance with the procedures specified in § 153.219 (Appeals).
(H) Effect. Use permit shall not become effective for ten (10) days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.
(1) No building or zoning permit shall be issued in any case where a use permit is required by the provisions of this title unless and until such use permit has been granted by the Planning Commission or Council and then only in accordance with the terms and conditions of the use permit granted.
(2) No application for a use permit which has been denied shall be resubmitted for a period of one (1) year from the date the order of denial became final, except on grounds of new evidence or proof of change of project conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial. {CW112539.1} Page 6 of 11
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(3) Any use permit granted shall be null and void twenty-four (24) months from the date of final approval thereof unless prior to such expiration date, the property is being used for the purpose of which the use permit was granted or unless a valid building permit is in effect for the construction of necessary buildings or appurtenances to such use. The Planning Commission may defer expiration of the permit for a period not exceeding one (1) year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.
§ 153.217 ARCHITECTURE AND SITE PLAN REVIEW
(A) Purpose. The purpose of these regulations is to allow architecture and site plan review of all developments, buildings, structures and other facilities constructed or modified in any zone where architecture and site plan review is required in order to foster a good design character through consideration of aesthetic and functional relationships to surrounding development, and in order to further enhance the city’s appearance, and the livability and usefulness of properties. (B) Form. Applications for an Architecture and Site Plan Review permit shall be made to the Planning Commission on a form prescribed by the Planning Commission and shall be accompanied by sufficient information in writing, drawings, or pictures to show the detail of the proposed building(s). Applications for an Architecture and Site Plan Review permit shall provide evidence to support the approval findings pursuant to § 153.217(D). A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed. (C) Public Hearing. The Planning Commission shall give notice and hold a public hearing on each application it receives for Architecture and Site Plan Review in accordance with the provisions of § 153.215.
(D) Approval Findings. The Planning Commission shall make the following findings to approve an Architecture and Site Plan Review application:
(1) The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.
(2) The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
(3) The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and compliments the existing surrounding environment and ultimate character of the area under the General Plan.
{CW112539.1} Page 7 of 11
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(4) The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and similar elements, establishes a clear design concept and is compatible with the character of the buildings on adjoining and nearby properties.
(E) Conditions. The Planning Commission may designate such conditions in connection with the architecture and site plan review as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.
(F) Appeal. Appeal of the Planning Commission’s action on the request for an Architecture and Site Plan Review shall be made in accordance with the procedures specified in § 153.219 (Appeals).
(G) Effect. The Architecture and Site Plan Review shall not become effective for ten (10) days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal. (1) No building or zoning permit shall be issued in any case where an architecture and site plan review application is required by the provisions of this title unless and until such permit has been granted by the Planning Commission, or City Council and then only in accordance with the terms and conditions of the Architecture and Site Plan Review permit granted.
(2) No application for an architecture and site plan review application which has been denied shall be resubmitted for a period of one (1) year from the date the order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.
(3) Any architecture and site plan review granted shall be null and void twenty-four (24) months from the date of final approval thereof unless prior to such expiration date, a valid building permit is in effect for the construction of necessary buildings or appurtenances of the review. The Planning Commission may defer expiration of the permit for a period not exceeding one (1) year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located. § 153.218 VARIANCE
(A) Purpose. Each zoning district has specific development standards and a variance is a special request for the city to waive or alter one (1) or more of those standards. When practical difficulties, unnecessary hardship and outcomes inconsistent with the general purpose of this title result from the strict application of certain {CW112539.1} Page 8 of 11
Effective Date: 00/00/0000
provisions thereof, a variance may be granted as provided in this section except for uses not permitted by zoning district regulations.
(B) Form. An application for variance shall be made in writing on a form prescribed by the city and shall be accompanied by a filing fee (that is subject to change by City Council resolution). Applications for a Variance shall provide evidence to support the approval findings pursuant to § 153.218(D). (C) Public Hearing. The Planning Commission shall give notice and hold a public hearing on each application for a variance in accordance with the provisions of § 153.215.
(D) Approval Findings. The Planning Commission shall make the following findings to approve a Variance application:
(1) Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications. (2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will not constitute a grant of special privileges.
(3) The granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. (E) Conditions. The Planning Commission may impose such conditions in connection with a variance as it deems necessary to secure the purposes of this chapter and may require a bond guarantee or other assurances that such conditions are being or will be complied with.
(F) Appeal. Appeal of the Planning Commission’s action on the request for a Variance shall be made in accordance with the procedures specified in § 153.219 (Appeals).
(G) Effect.
(1) The Variance shall not become effective for ten (10) days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.
{CW112539.1} Page 9 of 11
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(2) No application for a variance which has been denied shall be resubmitted for a period of one (1) year from the date of said order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission. (3) Any variance granted shall be null and void twelve (12) months from the date of final approval thereof unless prior to such expiration date, the property is being used as stated in the variance, or unless a valid building permit is in effect for the construction of buildings or appurtenances to such variance.

The Planning Commission may defer expiration of the variance for a period not exceeding one (1) year upon receiving an application, in writing, by the owner of the property prior to expiration provided the conditions for granting the variance have not changed.
(4) The Planning Commission may revoke or modify the approval of a variance as indicated in § 153.247 of this chapter.
§ 153.219 APPEALS
(A) Purpose. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, or disapproval, made in an administration, interpretation, or enforcement of this Chapter. (B) Approval Authority. The following table identifies the approving authority for each entitlement:

Entitlement
Approving Authority
Community Development
Director Planning Commission
Use Permit X
Architecture and Site Plan
Review X
Variance X
Home Occupation X
Sign Permit X
Determination of Similar
Use X
(C) Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director or Planning Commission made pursuant to this Chapter may appeal such action to the designated appeal authority listed in the table below, within ten (10) days from the date of the action. Actions by City Council are final, and no further administrative appeals are available.
{CW112539.1} Page 10 of 11
Effective Date: 00/00/0000
Approving Authority for
Action Being Appealed
Appeal Authority
Planning Commission City Council
Community Development
Director X
Planning Commission X
(D) Form. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten (10) days from, but not including, the date of the determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the Community Development Director. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject to the appeal. (1) Appeal of the Community Development Director Decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice with the Community Development Director prior to the time the decision becomes final. The Community Development Director shall furnish forms of notice of appeal. (2) Appeal of Planning Commission Decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. (E) Public Hearing. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within sixty (60) days from the date of appeal submittal. Notice of the appeal shall be provided pursuant to noticing requirements consistent with state law.
(F) Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon the approving authority may be provided to the appeal authority for review. The appeal authority may act to confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as deemed necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this title, may not be further appealed.

SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, {CW112539.1} Page 11 of 11
Effective Date: 00/00/0000
subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

SECTION 3: This Ordinance shall become effective thirty (30) days from and after its final passage, provided it is published pursuant to Government Code section 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.

The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on April 12, 2022. Said ordinance was given a second reading by title only and adopted.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the ____ day of ____________, 2022; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
_________________________ __________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
APPROVED AS TO FORM:
__________________________
Tom P. Hallinan
City Attorney

Page 1 of 3 ends

Item 11.1 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: April 12, 2022
Subject: A Resolution of Concurrence and Support for the Approval of the Fiscal Year 2022-2023 Annual Action Plan (AAP)
From: Marisela H. Garcia, Interim City Manager
Submitted by: Lety Ibanez, Housing Specialist

RECOMMENDATION
It is recommended that the City Council open the Community Meeting, accept Public Comment, and consider adopting a Resolution of Concurrence and support for the approval of the Fiscal Year 2022-2023 Annual Action Plan (AAP).

SUMMARY
The adoption of the Annual Action Plan (AAP) is a requirement of the U.S. Department of Housing and Urban Development (HUD) for jurisdictions that receive and administer certain HUD block grants on an entitlement basis.

BACKGROUND
In June 2019, the City became part of the Stanislaus County Urban County (“Urban County”) and HOME Consortium for a direct allocation of Community Development Block Grant (CDBG) and HOME Investment Partnership funding from the federal Department of Housing and Urban Development (HUD). Every year the Urban County and HOME Consortium (managed by the City of Turlock) are required to prepare an Annual Action Plan which discusses the projects that will be undertaken by the entities in the Urban County and the Consortium. It is recommended that the City Council hold a Community Meeting to accept public comments on the Draft Annual Action Plan and consider adoption of a Resolution of Concurrence.

The City is only permitted to use this funding within census tracts that reflect a 51% or greater low/moderate income level. The following gray-shaded areas reflect those census tracts where projects may be undertaken:

Page 2 of 3 ends

Item 11.1 – CC/LRA – 04/12/2022
Status of the Fiscal Year 2021-2022 Annual Action Plan (AAP) For Fiscal Year 2021-22, the City programmed its funding for the Castleberg Park Trail & ADA upgrades. The City has submitted the Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 document for review and comment to the County and is awaiting final approval. In addition, the scope of the project will require additional funding sources (over and above the Consortium funding) in order to be completed to our specifications and needs.

FiscalYear 2022-2023Annual Action Plan (AAP)
The AAP is an integral component of the Urban County's Consolidated Plan, and describes the specific programs and projects that will be undertaken during Fiscal Year 2022-2023. For Fiscal Year 2022-23, HUD has not yet announced the estimated amount of CDBG allocation for infrastructure projects. However, the funding will be reserved in order to complete the following water project in Fiscal Year 2022-23:

Project Location Cost Estimate
Water Line Installation In Alley on Riverside from
Corporation Yard to 4th
Street
$325,000
Total FY 2021-22 & FY 2022-23 $325,000

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Item 11.1 – CC/LRA – 04/12/2022

STRATEGIC PLAN
This report is in conformance with the City of Riverbank’s Strategic Plan goal to “Maintain a High Quality of Life”.

FINANCIAL IMPACT
For Fiscal Year 2022-23, HUD has not yet announced the estimate amount of CDBG allocation for infrastructure projects. The funds from FY 2021-2022 of $173,758 in CDBG will be combined with the FY 2022-23 allocation (yet to be determined) to complete the water line installation.

ATTACHMENT

1. Draft City Council Resolution 2022-

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CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, OF CONCURRENCE AND SUPPORT OF THE FISCAL YEAR 2022- 2023 ANNUAL ACTION PLAN (AAP) PREPARED BY THE STANISLAUS COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSORTIUM
WHEREAS, The Stanislaus County Community Development Block Grant (CDBG) Consortium which includes the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford and unincorporated areas of Stanislaus County will be receiving and expending CDBG funds from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the Stanislaus County CDBG Consortium is required by HUD to prepare an Annual Action Plan (AAP) to document progress made in accomplishing goals set forth in the Consolidated Plan and Action Plan; and WHEREAS, the planning process serves as the framework for the community-wide dialogue to identify housing and community development priorities that align and focus funding from programs such as CPD formula block grant programs; the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership (HOME) Program, and the Emergency solutions Grant (ESG) Program; and WHEREAS, the following project(s) listed below have been selected as CDBG projects according to low to moderate income eligibility and existing health and safety issues in the project area(s) for Fiscal Year 2022-23:

Project Location Cost Estimate
Water Line Installation In Alley on Riverside from
Corporation Yard to 4th Street
$325,000
Total FY 2021-22 & FY 2022-23 $325,000
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby adopts the Resolution of Concurrence and Support of the Fiscal Year 2022-2023 Annual Action Plan prepared by the Stanislaus County Community Development Block Grant Consortium.

Page 2 of 2 ends

CC/LRA – 04/12/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
____________________________ _________________ _________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
{CW112693.1} Page 1 of 2
Item 11.1 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: April 12, 2022
Subject: City Manager Employment Contract
From: Douglas White, Deputy City Attorney
Submitted by: Douglas White, Deputy City Attorney

RECOMMENDATION
It is recommended that the Riverbank City Council (“City Council”): (1) approve the City Manager Employment Agreement (“Agreement”) between the City of Riverbank (“City”) and Marisela Garcia in a form approved by the City Attorney; and (2) authorize and direct the Mayor to execute the New Agreement on behalf of the City.

SUMMARY
The City requires the services of a person with proven executive and administrative qualifications to fill the position of City Manager. The City Manager is the administrative head of the City government under the direction and control of the City Council. Marisela Garcia has been employed with the City since 2006, served as Assistant City Manager uninterrupted since 2016, and has acted as the Interim City Manager since the City Manager position became vacant in February 2022. The position of City Manager is subject to appointment by the City Council. The City, acting by and through the City Council, has evaluated Ms. Garcia’s knowledge, experience, administrative skills, and abilities during her employment as Assistant City Manager and during her service as Interim City Manager and has elected to appoint Ms. Garcia to the position of City Manager under the terms of a new employment agreement.

ANALYSIS
The proposed Agreement would be retroactively effective to January 15, 2022 and provide for an annual salary of $181,032.72, subject to a five percent (5%) annual increase upon receipt of a satisfactory evaluation by the City Council. Other compensation and benefits are set forth in the agreement, including health and retirement benefits. The proposed employment agreement has been reviewed and approved as to {CW112693.1} Page 2 of 2
Item 11.1 – CC/LRA – 04/12/2022
form by the City Attorney. The term of the City Manager employment agreement shall automatically renew for successive one (1) year terms until the City Council or City Manager provides written notice of non-renewal. The City Manager is an at-will employee.

The employment would be terminable at any time by either party, subject to the terms of the agreement, including, but not limited to, payment of six (6) months’ salary as severance if the City Council terminates the employment without cause.

FINANCIAL IMPACT
The cost of the City Manager’s salary and benefits is annually included in the City’s budget. This action would be consistent with the salary budgeting for prior years.

STRATEGIC PLAN
The Agreement is reasonable and consistent with the City’s goal of attracting, developing, and retaining quality staff.

ATTACHMENTS

1. Draft City Council Resolution 2022- ; Authorizing the Mayor to Execute and Enter into the City Manager Employment Contract

2. Proposed City Manager Employment Agreement
Attachment: Agreement

Page 1 of 1 ends

{CW112694.1} CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AND ENTER INTO THE

CITY MANAGER EMPLOYMENT CONTRACT
WHEREAS, pursuant to the City of Riverbank’s (“City”) Municipal Code section

31.03, the Riverbank City Council (“City Council”) is authorized to hire and appoint the City Manager; and
WHEREAS, Marisela Garcia has served as Assistant City Manager since 2016 and Interim City Manager since February 2022; and
WHEREAS, the City has evaluated Marisela Garcia’s performance in her position as Assistant City Manager and Interim City Manager and desires to appoint her to the position of City Manager; and
WHEREAS, the City and Marisela Garcia now wish to enter into a new employment agreement which will automatically renew for successive one (1) year terms until the City Council or City Manager provides written notice of non-renewal, and which is attached hereto as Exhibit A (“Agreement”).

NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Agreement, attached hereto as Exhibit A, and authorizes the Mayor to execute and enter into the Agreement on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 12th day of April 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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City Manager Employment Agreement

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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Riverbank, a California municipal corporation (“City”), and Marisela H. Garcia, an individual (“Employee”). City and Employee may individually be referred to herein as “Party” or collectively as “Parties”. There are no other parties to this Agreement.

RECITALS
A. City requires the services of a person with proven executive and administrative qualifications to fill the position of Riverbank City Manager ("City Manager").

B. City, acting by and through the Riverbank City Council ("City Council") has evaluated Employee's knowledge, experience, administrative skills and abilities and desires that Employee be appointed to the position of City Manager pursuant to the terms of this Agreement.

C. The Parties agree that this shall be the sole agreement between the Parties regarding the employment of Employee as City Manager.

D. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code sections 36505 and 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 11 of this Agreement, Sections 1 through 11 will prevail.

Section 2. Effective Date. This Agreement shall be retroactively effective to January 15, 2022 (“Effective Date”).

Section 3. Appointment of City Manager Duties and Term.

3.1. Appointment and Duties of City Manager. Employee shall serve as City Manager of the City and shall be vested with the powers, duties, and responsibilities set forth in Section 31.03(H) of the Riverbank Municipal Code (“R.M.C.”) and under California law. Employee shall further perform the functions and duties specified under the {CW112337.10} City of Riverbank
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laws of the State of California, the R.M.C., the Ordinances, and Resolutions of the City, and such other duties and functions as the City Council may from time-to-time assign. The City Council may also designate Employee as the chief executive of other City relatedlegal entities, such as a redevelopment agency, financing authorities or joint power authorities.

Employee’s initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee’s duties and responsibilities under this Agreement pursuant to the laws of the State of California and applicable City municipal codes and resolutions. Employee understands that Employee’s duties may be amended from time to time by the City, as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

3.2. No Secondary Employment. Employee agrees to devote all such productive time, ability and attention to the City’s business as is necessary to the full performance of her duties. During the Term, as defined in Section 3.4 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Council in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Council to determine whether there is the appearance of or an actual conflict, or potential conflict, with the satisfactory performance of Employee’s duties and/or the best interest of the City. Should the City Council make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee shall have the right to volunteer for such nonprofit organizations as Employee may see fit, provided that such volunteer services shall not interfere with Employee’s duties on behalf of the City.

3.3. Exempt Employee. The general business hours for City employees are Monday through Fridays, 9:00 a.m. to 5:00 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill Employee’s duties, unless otherwise provided in this Agreement.

3.4. Term. The term of this Agreement shall begin on the Effective Date and expire on January 15, 2025. (“Term”). The City Council may extend the Term for a period of one (1) year. No later than four (4) months prior to the expiration of the Term, the City Council shall provide written notice to Employee as to whether the City Council intends to extend the Term. Termination of this Agreement shall be in accordance with Section 7 below, or as required by law.

Section 4. At-Will Employment. Employee is an at-will employee serving at the pleasure of the City Council, as provided in Government Code section 36506 and R.M.C.

Section 31.0 4(F). Accordingly, this Agreement does not confer a right of employment for {CW112337.10} City of Riverbank
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any specified term. Employee has no property right in his employment and the City Council may terminate Employee’s employment and this Agreement at any time, with or without cause, and Employee shall have no recourse to due process for disciplinary action up to and including termination under any City policy of personnel rule, otherwise specified in this Agreement. Employee shall be entitled to Severance, as defined below, only if City terminates Employee’s employment without cause as set forth in Section 7.3.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to Employee’s notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify, or revoke Employee’s status as an at-will employee or any other provision of this Agreement.

Section 5. Compensation and Evaluations.

5.1. Base Salary. In exchange for the performance of Employee’s duties, City shall pay Employee an annual salary in the amount of One Hundred Eighty-One Thousand Thirty-Two and 72/100 Dollars ($181,032.72) (“Base Salary”), payable at the same time as other similarly situated Director level employees are paid. A salary review will occur annually in accordance with Section 5.3 of this Agreement. Employee shall receive a five percent (5%) step increase in Base Salary each January upon receiving a performance evaluation of at least “satisfactory.”

5.2. Pro rata Decrease. Employee acknowledges that the Base Salary may be subject to pro rata decrease should the City Council adopt an unpaid Mandatory Furlough Program as a budgetary measure.

5.3. Review and Evaluation. The City Council agrees to review and evaluate Employee’s performance of her duties as City Manager under this Agreement (“Review and Evaluation”) on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall be conducted in or around January of each year. If Employee does not receive a performance evaluation of at least “Satisfactory”, Employee may appeal to the City Council for a new performance evaluation.

5.4. Healthcare Benefits. City provides medical benefits to its employees.

Employee shall contribute twenty percent (20%) of the total cost of premiums for her healthcare benefits the City will contribute the remaining eighty percent (80%). Employee shall contribute twenty percent (20%) of the cost of her dental and vision coverage and the City shall pay the remaining eighty percent (80%) during the term of this Agreement.

5.5. Life Insurance. City will provide Employee with life insurance in the amount of Fifty Thousand Dollars ($50,000).
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5.6. Retirement Plan. City shall pay the employer cost of participation in the California Public Employees Retirement System (“CalPERS”). Employee shall pay employee cost of such participation. Employee will continue to be enrolled in the CalPERS

2.5% @ 55 Classic plan; Employee shall pay the seven percent (7%) employee contribution.

5.7. Vacation. Employee shall earn twenty-five (25) working days (200 hours) of vacation per year. Employee will carry over any existing vacation time from employment with City existing on the Effective Date of this Agreement., however, total vacation accrual will be capped at 400 hours. Once Employee reaches the cap, vacation will cease to accrue until the banked total is less than 400 hours. Unless otherwise specified in this Agreement, vacation accrual, use, and payout shall be administered in accordance with any applicable provisions of City policies, rules, practices and/or regulations applicable to other similarly situated Director level employees. Upon separation from the City, Employee shall be paid for any accrued and unused vacation hours.

5.8. Sick Leave. Employee shall earn one (1) day of sick leave per month of employment. Employee will carry over any existing sick leave from employment with City existing on the Effective Date of this Agreement. Sick leave shall be accrued and shall be administered in accordance with any applicable provisions of City policies, rules, practices and/or regulations applicable to other similarly situated Director level employees.

5.9. Executive Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business. To that end, Employee shall receive ninety-six (96) hours of executive leave at the beginning of each fiscal year.

Employee may request to cash out up to twenty-four (24) hours of unused leave each fiscal year. Requests to cash out any amount of executive leave shall be directed to the City’s Finance Director. Should there be a vacancy in the Finance Director position, during such vacancy, requests to cash out any amount of executive leave shall be directed to the City Council. Any unused executive leave shall expire on June 30 of each fiscal year and shall not be carried over year to year.

5.10. Holidays. Employee shall be entitled to observe, with pay, the twelve (12) observed holidays as outlined in the City’s Personnel Rules.

5.11. City-Related Business Travel Reimbursement. Employee’s duties require that she have continuously available transportation for City business or other related purposes. Employee agrees to provide and utilize her own vehicle for City related business. The City shall provide Employee with a monthly auto allowance of Two Hundred Dollars ($200.00) per month. City shall reimburse Employee for any City-related business travel at the Internal Revenue Service ("IRS") mileage rate, which may change from time to time. Employee shall name City as an additional insured under Employee's automobile insurance coverage. Employee may use a City-owned vehicle for travel on all City-related business based on availability.
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5.12. Cell Phone Allowance. Employee shall receive Sixty-Five Dollars ($65.00) per month as a cell phone allowance.

5.13. Pension Plan. City shall contribute Two Hundred Ninety-Two Dollars ($292.00) per month (or as granted to other similarly situated Director level city employees) to Employee’s Union Pension Retirement Fund.

5.14. Deferred Compensation. City shall establish and maintain a deferred compensation plan and pay the sum of Seven Thousand Five Hundred Dollars ($7,500.00) per year on behalf of Employee into said deferred compensation plan, which will be payable in pro rata installments at the same time other similarly situated employee payments are made.

5.15. Professional Development. City agrees to budget for reasonable costs of travel and business expenses for Employee to attend professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions on behalf of the City. These funds may be limited in times of economic distress.

5.16 Longevity Incentive. Employee shall be eligible for Longevity Pay pursuant to City policy. Employee shall be eligible for longevity pay as follows:

Years of Continuous Full-Time Service Longevity Pay Rate 20+ 7.5% of Base Salary
Section 6. Residence. City does not require Employee live within City limits as a condition of employment. However, Employee voluntarily agrees that as soon as practical, Employee will reside within twenty (20) miles of the City because of the uniqueness of the duties of City Manager. One of the duties of the City Manager is to acquire and maintain a harmonious relationship with the residents of the City as well as with the City Council and the City employees. Employee and City are of the strong opinion that the uniqueness of the position can best be served by the Employee residing within twenty (20) miles of the City, and Employee desires to reside within twenty (20) miles of the City and agrees to do so.

As the managerial head of the City, Employee must be readily available to respond in a timely manner to any and all City emergencies requiring her administration and direction.

Section 7. Termination of Employment and Severance

7.1 Voluntary Resignation. Employee may resign at any time and agrees to give the City at least forty-five (45) days advance written notice of the effective date of Employee’s resignation unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, the Employee shall provide at least three (3) months advance written notice. The Employee’s actual retirement date will be mutually established between the Parties. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the {CW112337.10} City of Riverbank
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effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts both accrued and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance as set forth in Section

7.3 of this Agreement.

7.2. Termination by City Council. The City Council may terminate this Agreement and remove Employee from her position at any time with or without cause by a three-fifths (3/5) vote of the entire City Council subject to sections 31.03 (E) and 31.03 (F) of the R.M.C. Employee shall not be removed from office during or within a period of ninety (90) days following any general or special municipal election held at which a member of the City Council is elected. Upon termination, for any reason, City shall compensate Employee for all accrued and unused vacation and executive leave. This compensation shall be based upon Employee's Base Salary as of the date of employment termination.

If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs her ability to earn a living, or might damage her standing in a community, Employee may, within five (5) business days of the City Council’s notice to Employee of the intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council. The "name-clearing" hearing is solely to provide Employee the opportunity to clear her name. The hearing shall take place at a regularly scheduled City Council meeting or closed session in accordance with the City’s Municipal Code, Personnel Rules, or standard practice, if applicable, and any applicable provisions of state law. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Council’s decision to terminate will be effective as of the close of business on the fifth (5th) day after the City Council provided notice to Employee of its intent to terminate Employee’s employment.

7.3. Termination Without Good Cause. In the event City terminates this Agreement without good cause, as defined below in Section 7.4, the City shall pay Employee a sum equal to six (6) months’ Base Salary (“Severance”), provided that Employee executes a general release of claims in favor of the City in a format acceptable to the City Severance shall be paid, in Council’s discretion, either in a lump sum or equal installments on regular paydays. This Severance is subject to the restrictions of Government Code section 53260. Any cash settlement related to the termination of this Agreement received by Employee from the City, shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position while employed with the City, pursuant to Government Code section 53243.2. Severance shall be paid in the same manner as to other City employees unless otherwise agreed to by the City and Employee. In the event the City terminates this Agreement, and Employee’s employment, Employee shall be entitled to continued medical and dental benefits at her {CW112337.10} City of Riverbank
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own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

7.4. Termination for Good Cause. The City may at any time immediately terminate this Agreement for good cause as defined in this Section 7.4. If Employee is terminated for good cause the City shall not be required to pay any Severance under this Agreement, and City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of City;

3. Gross carelessness or misconduct;

4. Unjustifiable and willful neglect of the duties described in this Agreement;

5. Mismanagement;

6. Failure to perform duties to the standard set by the City and/or comply with reasonable directives of the City Council;

7. Any conduct which violates the City’s Personnel Rules or other City policies or practices for which a City employee may be terminated;

8. Repeated and protracted unexcused absences from City Manager’s offices and duties;

9. Willful destruction or misuse of City property;

10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;

11. Willful violation of federal, state or City discrimination laws;

12. Continued substance abuse which adversely affects performance of Employee’s Duties and/or reporting to work while under the influence of alcohol or any drug (whether or not Employee has a valid prescription) which impairs, or has the potential to impair, Employee in the performance of Employee’s duties;
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13. Refusal to take or subscribe any oath or affirmation which is required by law;

14. Disability that renders Employee unable to perform the essential functions of her job, which City is unable to reasonably accommodate without placing an undue burden on City;

15. Discourteous or inappropriate treatment of the public or other employees;

16. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests;

17. Dishonesty; and

18. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests.

Notwithstanding any provision in this Agreement to the contrary, the City Council may suspend Employee with full pay and benefits at any time during the Term of this Agreement.

Section 8. Indemnification. City shall defend, hold harmless and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s Duties in accordance with California’s Government Claims Act (Government Code section 825 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.5.

The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City’s duty to defend and indemnify shall be contingent upon Employee’s good faith cooperation with such defense. In the event City provides funds for legal criminal defense pursuant to this Section, Employee shall reimburse City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.4.

Section 9. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

Section 10. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing {CW112337.10} City of Riverbank
City Manager Employment Agreement

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overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Riverbank
ATTN: City Clerk
6707 Third Street
Riverbank, California 95367
[email protected]
and White Brenner LLP
ATTN: Thomas P. Hallinan
1414 K Street, 3rd Floor
Sacramento, CA 95814
[email protected]
with cc to: [email protected]
If to Employee: Marisela H. Garcia
City of Riverbank
6706 Third Street, Suite A
Riverbank, CA 95367
[email protected]
CC: personnel file
Section 11. General Provisions.

11.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

11.2. Entire Agreement. The Parties agree that this Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties relating to Employee’s employment and supersedes and renders null and void all other {CW112337.10} City of Riverbank
City Manager Employment Agreement

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prior or contemporaneous oral or written obligations, understandings and agreements of the Parties relating to the subject matter herein. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

11.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

11.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

11.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

11.6. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

11.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

11.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

11.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties, and Parties’ designated representatives, do not appear on the same page.

11.10. Venue. Venue for all legal proceedings shall be in the Superior Court for the State of California, in and for the County of Stanislaus. {CW112337.10} City of Riverbank
City Manager Employment Agreement

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11.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. [Signatures on Following Page]
{CW112337.10} City of Riverbank
City Manager Employment Agreement

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IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.

CITY:

City of Riverbank, a California municipal
corporation
By:

Richard D. O’Brien, Mayor
Date Signed:

EMPLOYEE:

By: ____
Marisela H. Garcia, an individual
Date Signed: ____
Attested:

By:

Kathy Teixeira, Interim City Clerk
Date Signed:

Approved as to Form and Content:

By:

Thomas P. Hallinan, City Attorney
{CW112337.10}

EXHIBIT A
Job Description
(See Attached)

CITY OF RIVERBANK

CITY MANAGER
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification.

In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

DEFINITION:

Under policy direction, serves as the Chief Executive Officer of the City and directs the activities and operation of all departments; advises and assists the City Council in the conduct of City business; provides administrative oversight to the operational and policy functions of City government; serves as the Executive Director of the Redevelopment Agency; coordinates City business with various programs, officials, and outside agencies; provides a variety of other responsible and complex administrative support to the City Council; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS:

The City Manager is the highest administrative management level position in the City and has responsibility for the administrative operation of City departments, which may include developing, recommending, and implementing policies, program planning, fiscal management, administration, and operations of all City functions and services. The incumbent is responsible for accomplishing the City’s goals and objectives and for ensuring that the citizens are provided with desired and mandated services in an efficient and cost-effective manner.

SUPERVISION RECEIVED/EXERCISED:

Receives policy direction from the City Council. Exercises direct and indirect supervision over all Department Heads and City staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Accepts full responsibility for all City activities, programs, and services, including directing the development and implementation of goals, objectives, policies, and procedures; ensures that established goals and priorities are achieved.
• Provides advice and consultation to the City Council on the development and implementation of City programs and services.
• Directs and participates in the preparation and administration of the City budget; prepares and submits to the City Council reports of finances and administrative activities; keeps Council advised of financial conditions, program progress, and present and future needs of the City. • Reviews and evaluates program service delivery methods and systems within the City, including administrative and support systems and internal relationships; identifies opportunities for improvement and implements changes to standard operating procedures to enhance services. • Coordinates the preparation of the agenda for the City Council; addresses the City Council on behalf of City staff; represents the City Council to employees, community groups, individual members of the

CITY MANAGER

Page 2 ends

public, and other governmental agencies; responds to the most difficult complaints and requests for information.
• Directs the implementation, maintenance and enforcement of City personnel policies and practices as prescribed by the City Council; directs staff or serves as the chief negotiator in labor relations activities; selects, supervises, trains, and evaluates assigned staff. • Confers with department heads and managers concerning administrative and operational problems, work-plans, and strategic plans; makes appropriate decisions or recommendations; oversees the preparation and implementation of long-range plans for the City. • Serves as a resource for the City Council, department personnel, City staff, other organizations and the public; coordinates pertinent information, resources, and work-teams necessary to support a positive and productive environment.
• Performs all duties as prescribed by City Council actions; directs the preparation of plans and specifications for work, which the City Council requests. • Attends and participates in professional and community meetings as necessary; stays current on issues relative to public administration and relative service delivery responsibilities; responds to and resolves sensitive and complex community and organizational inquiries, issues, and complaints; establishes and maintains a customer service orientation within the City organization. • Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing statistical reports and data using a computer keyboard. Additionally, the position requires near and far vision in reading correspondence, statistical data and using a computer. Acute hearing is required when providing phone and personal service. The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds also is required.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a City Manager. A typical way of obtaining the required qualifications is to possess the equivalent of eight years of directly related experience at an administrative, management, or staff level in municipal government, with at least five years as a manager or supervisor, and a bachelor’s degree in public administration, business administration, public finance or a related field. A master’s degree is highly desirable.

CITY MANAGER

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License/Certificate:

Possession of, or the ability to obtain, a valid Class C California driver’s license.

KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:

Modern public administration methods, procedures, organizations, and functions; current social, political, and economic trends and operating characteristics of municipal government; principles and practices of municipal budgeting and finance; methods and techniques for goal setting and program evaluation; redevelopment laws and practices; economic development practices, guidelines, and regulations; local and state legislative processes; principles of effective public relations and interrelationships with community groups and agencies, the private sector, and other levels of government; methods and techniques of supervision, training, and motivation; basic principles of mathematics; applicable federal, state, and local laws, codes, and regulations regarding local government operations; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; modern office practices, methods, and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards and standard safety practices.

Ability to:

Provide effective leadership and coordinate the activities of a full-service municipal organization; develop and administer sound citywide goals, objectives, policies, and methods for evaluating achievement and performance levels; properly interpret and make decisions in accordance with laws, regulations, and policies; work with and coordinate the activities of administrative officials while encouraging their development as administrators; prepare clear and comprehensive written reports; serve effectively as the administrative agent of the City Council; represent the City Council to the general public and representatives of other agencies; facilitate group participation and consensus building; plan, organize, train, evaluate, and direct work of assigned staff; perform mathematical calculations quickly and accurately; interpret, explain, and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Skill to:

Operate an office computer and a variety of word processing and software applications.

Page 1 of 2 ends

Item 11.3 - CC / LRA 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: April 12, 2022
Subject: Adopt a Resolution to Award and Authorize the City Manager to Enter into Professional Service Agreements for Retainer On-Call Services for Building Inspection and Plan Checking Services for the City of Riverbank to West Coast Code Consultants, Inc. (WC-3), CSG Consultants, Inc., 4Leaf, Inc., and Bureau Veritas.

From: Marisela H. Garcia, Interim City Manager
Submitted by: Donna Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution awarding Retainer On-Call Services for Building Inspection and Plan Checking Services to West Coast Code Consultants, Inc. (WC-3), CSG Consultants, Inc., 4Leaf, Inc., and Bureau Veritas and authorize the City Manager to enter into a contract with each of these firms to perform on-call building inspection and plan checking services for the City of Riverbank. In addition, the Resolution authorizes the City to negotiate separate contracts with these firms as needed for specific development projects.

STAFF SUMMARY
On March 11, 2022, the City received four Request for Qualifications (RFQ) for On-Call Building Inspection and Plan Check Services to perform building inspections and plan checking on various developments within the City of Riverbank.

The City received proposals from the following firms:

West Coast Code Consultants, Inc. (WC-3)
CSG Consultants, Inc.
4Leaf, Inc.

Bureau Veritas

Page 2 of 2 ends

Item 11.3 - CC / LRA 04/12/2022
The four (4) Proposals for On-Call Building Inspection and Plan Checking Services were received and reviewed by the Planning & Building Manager, Senior Building Inspector, and Senior Community Development Specialist. After a thorough analysis of the proposals utilizing the established criteria set forth in the RFQ, these four (4) firms were deemed to have met the City’s qualification requirements.

After a thorough discussion, the decision was made to recommend all four (4) firms be awarded on-call professional service agreements with the City to supplement our existing plan checking firm Pacific Plan Review (PPR). PPR has been unable to secure the services of a contract building inspector to assist our current (and only) inspector.

Due to increased development within the City, it is believed that we will need the expertise of all four firms to meet the building inspection and plan checking needs of development within the City. This will also give the City the opportunity to dedicate a firm to a large or complex development project and ensure an expedited review with quick turnaround times. Separate contracts will be negotiated for specific development projects. Individual Project Task Orders will be created for each project needing building inspection and plan checking services and will be deemed an attachment to each firm’s Professional Services Agreement.

FINANCIAL IMPACT
No financial impact to the City of Riverbank’s budget. Inspection and plan check fees will be covered by each separate development project.

ATTACHMENTS

1. Draft City Council Resolution 2022-

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CC/LRA –
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, TO AWARD AND AUTHORIZE THE CITY MANAGER TO ENTER

INTO PROFESSIONAL SERVICE AGREEMENTS FOR RETAINER ON-CALL

SERVICES FOR BUILDING INSPECTION AND PLAN CHECKING SERVICES FOR THE CITY OF RIVERBANK TO WEST COAST CODE CONSULTANTS, INC. (WC-3), CSG CONSULTANTS, INC., 4LEAF INC., AND BUREAU VERITAS
WHEREAS, on March 11, 2022, the City received four (4) Request for Qualifications (RFQ) proposals for On-Call Building Inspection and Plan Checking Services to perform inspections and review plans on various developments within the City of Riverbank; and
WHEREAS, the four (4) proposals were reviewed by the selection committee; and WHEREAS, the committee deemed all four (4) firms meet the City’s qualification requirements detailed in the RFQ;
WHEREAS, the committee recommended awarding all four (4) firms, West Coast Code Consultants, Inc. (WC-3), CSG Consultants, Inc., 4Leaf, Inc., and Bureau Veritas for On-Call Professional Service Agreements;
WHEREAS, the City Manager is authorized to enter into Professional Service Agreements for Retainer On-Call Services for Building Inspections and Plan Checking Services for the City of Riverbank; and
WHEREAS, the committee believes the expertise of all four (4) firms will be needed to meet the building inspection and plan checking needs of development within the City; and
WHEREAS, separate contracts will be negotiated for specific development projects. Individual Project Task Orders will be created for each project needing building inspection and plan checking services and will be deemed an attachment to each firm’s Professional Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the following:

1. Award Professional Service Agreements for Retainer On-Call Services for Building Inspection and Plan Checking Services to West Coast Code Consultants, Inc., CSG Consultants, Inc., 4Leaf, Inc., and Bureau Veritas.

Page 2 of 2 ends

CC/LRA –
CC Resolution 2022-

2. Authorize the City Manager to negotiate and enter into a contract with each of these firms on an On-Call basis for building inspection and plan checking services for development projects within the City of Riverbank.

AYES:

NAYS:

ABSENT:

ABSTAINED:

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

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Item 11.4 – CC/LRA – 04/12/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.4
SECTION 11: NEW BUSINESS
Meeting Date: April 12, 2022
Subject: A Resolution Authorizing the Execution of a Performance Agreement between the City of Riverbank and Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501c3) for the Coordination of the 2022 Cheese & Wine Festival
From: Marisela H. Garcia, Interim City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
It is recommended that the City Council consider approval of the Resolution Authorizing the Performance Agreement with Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501c3) for the Coordination of the 2022 Cheese & Wine Festival.

SUMMARY
On February 22, 2022, the City Council gave staff direction to proceed with Simply Devine Events, LLC for the planning of the Cheese & Wine Festival that will occur on October 8, and 9, 2022.

An updated performance agreement has been drafted for City Council approval. Simply Devine Events, LLC would like to include their non-profit Simply Devine Foundation (501c3) in all contracts and agreements with the City of Riverbank.

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

The City Parks and Recreation Department contracted with Chris Ricci Presents, Inc. for six years for the coordination of the festival.

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Item 11.4 – CC/LRA – 04/12/2022
This year the City Parks and Recreation Department, with City Council approval, will contract with Simply Devine Events, LLC for the second year and enter into a performance agreement for services, by Resolution for the 2022 year, as attached in Exhibit A.

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

FINANCIAL IMPACT
The performance agreement engages Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501c3) to provide the 2022 Cheese & Wine Festival event coordination services and establishes that the costs for those services is $25,000.

Over the past seven years, the festival has been financially successful and has not required funding from the General Fund. The goal of the department is for this festival to be self-sustaining.

ATTACHMENT

1. Draft City Council Resolution 2022-

2. Exhibit A: Performance Agreement

3. Exhibit B: Scope of Services

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CC/LRA – 04/12/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, AUTHORIZING THE EXECUTION OF A

PERFORMANCE AGREEMENT WITH SIMPLY DEVINE EVENTS, LLC
IN CONJUNCTION WITH SIMPLY DEVINE FOUNDATION (501C3)

FOR THE PLANNING, ORGANIZING AND IMPLEMENTATION OF THE CHEESE AND WINE FESTIVAL IN THE AMOUNT OF $25,000
WHEREAS, the Cheese and Wine Festival (“Festival”) has been a tradition in the City of Riverbank (“City”) for many years, the City of Riverbank purchased the Festival rights in 2014, establishing it as a safe and enjoyable event; and WHEREAS, in November, 2019 a Request for Proposal was released for the coordination of the 2020 Cheese & Wine Festival; and
WHEREAS, on January 28, 2020, the City Council directed City staff to accept the proposal submitted by SS Consulting, now under the new business name Simply Devine Events, LLC; and
WHEREAS, on February 22, 2022 the City Council directed staff to plan for the 2022 Cheese & Wine Festival to be held on October 8, and 9, 2022 contracting with Simply Devine Events, LLC; and
WHEREAS, the Performance Agreement engages Simply Devine Events, LLC, to provide event coordination services and establishes that the costs for those services is $25,000 to be paid within 30 days after implementation of the festival.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Manager to execute the Performance Agreement between Simply Devine Events, LLC and the City of Riverbank, attached hereto as Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 12th day of April, 2022; motioned by Councilmember_______, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

Page 2 of 2 ends

CC/LRA – 04/12/2022
CC Resolution 2022-
ATTEST: APPROVED:
____________________________ __________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachments: Exhibit A – Performance Agreement with Simply Devine Events, LLC Performance Agreement
City of Riverbank and Simply Devine Events, LLC

Page 1 of 9 ends

Exhibit A

PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (the “Agreement”) is made and entered into this 12th day of April, 2022 (the “Effective Date”), by and between the City of Riverbank, a municipal corporation of the State of California (“City”) and Simply Devine Events, LLC in conjunction with Simply Devine Foundation (501C3) (“Consultant”). City and Consultant may each be referred to hereinafter separately as “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
This Agreement is being entered into with reference to the following facts:

A. City owns and operatesthe annual Riverbank Cheese and Wine Festival, a longstanding local tradition consisting of arts and crafts and food booths featuring award-winning cheese and wine which is normally held the second weekend of October (“Festival”).

B. On January 28, 2020, the Riverbank City Council (“City Council”) accepted the proposal submitted by SS Consulting for the operation of the Cheese & Wine Festival for 2020. SS Consulting has since changed their business name to Simply Devine Events, LLC.

C. On February 11, 2020, the City Council authorized the City Manager to enter into the agreement. In March, 2020 the event was cancelled due to COVID- 19.

D. Consultant, Simply Devine Events, LLC desires to perform the scope of services included in its proposal for the 2022 Cheese & Wine Festival on the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Description of Work.

1.1. Scope of Services. Consultant shall perform the work set forth in Exhibit B, attached hereto (the “Services”). Consultant shall provide all labor, equipment, material and supplies required or necessary to properly, competently and completely perform the work or render the Services under this Agreement. Consultant shall determine the method, details and means of doing the work or rendering the Services. Any request for work or services not included in Exhibit B will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Performance Agreement
City of Riverbank and Simply Devine Events, LLC

Page 2 of 9 ends

1.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services. If such Modifications cause an increase in the cost or time required for performance of Consultant’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Consultant and, if necessary, amend the terms of Exhibit A. The Services, completion schedule, or compensation shall not be revised unless City and Consultant mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

1.3. Consultant Requested Modification in Services. Consultant shall not be compensated for work outside of the Services described in this Agreement, unless, prior to the commencement of the Services:
a. Consultant provides City with written notice that specific work requested by City or required to complete the Services is outside the agreed upon terms set forth in the Agreement. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Consultant’s proposed course of action for completing the work and a specific request for the City to approve the Modification to the Services; (3) set forth the Consultant’s proposed revisions, if any, to the completion schedule for the Services; and (4) set forth the Consultant’s proposed revisions, if any, to the compensation of the Services; and b. City agrees that the Services require a Modification; c. City gives prior approval in writing to all adjustments, if any, to the completion schedule and compensation; and
d. The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the completion schedule or compensation for Consultant’s work.

Section 2. Compensation and Payment Schedule. The total cost of the Services described in Section 1 of this Agreement shall not exceed Twenty-Five Thousand Dollars ($25,000.00). City shall pay Consultant for services within 30 days after implementation of the festival.

Section 3. Late Payment. Parties agree that payment for the Services set forth in Section 2 of this Agreement that is more than ten (10) days late is subject to a late fee of one and half percent (1.5%) interest per amount due in a given thirty (30) day period.

Section 4. Term and Time for Completion. The term of this Agreement shall commence on the Effective Date and shall remain in effect for a period of one year or thirty (30) days after City affirms in writing that all required Services have been completed, whichever occurs first (the “Term”). The Parties may mutually agree in writing to terminate the Agreement earlier as provided in Section 13 or otherwise extend the Term pursuant to this Agreement.

Section 5. Time of Performance. Consultant warrants that it shall perform all Services for the benefit of the City in preparation of, during, and after the conclusion of the Festival. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Performance Agreement
City of Riverbank and Simply Devine Events, LLC

Page 3 of 9 ends

Section 6. Independent Contractor. Consultant will employ, within the Festival Budget, as approved by the City, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City.

Section 7. Sub-Consultants. Parties agree that Consultant may employ sub-consultants for purposes of carrying out the Services for the Festival including but not limited to 1) a concessionaire, 2) a sponsorship consultant, 3) a consultant to create and manage the Festival’s website, 4) a consultant responsible for alcohol sales at the Festival Consultant shall be responsible for managing any sub-consultants, 5) Vendor Coordinator. Consultant shall not enter into any agreements with sub-consultants without first obtaining written approval from City related to payment for sub-consulting services. No subcontract shall be awarded or an outside consultant engaged by Consultant for any purpose not listed herein unless prior written approval is obtained from City.

Section 8. Compliance with Laws and Standards. Consultant agrees that it shall conduct its work and perform the Services in accordance with all applicable federal, state, and local laws, ordinances and regulations.

Section 9. Insurance. Consultant and City shall, at their sole expense, maintain in effect at all times during the duration of this Agreement, not less than the following coverage and limits of insurances:

9.1. Workers Compensation. Consultant shall carry such insurance as will protect City and Consultant from claims under Worker’s Compensation and Employers’ Liability Acts and the type and amount of such insurance shall be maintained in strict compliance with the State of California statutes. This insurance shall also waive all right to subrogation against City, its employees, directors, officers and agents.

9.2. General Liability. City shall obtain and keep in full force and effect general liability insurance including provisions for contractual liability, personal injury, independent consultants and broad form property damage coverages. This insurance shall be on a comprehensive occurrence basis form with a standard cross liability clause or endorsement. The limit for this insurance shall be no less than One Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and Two Million Dollars ($2,000,000.00) in the aggregate.

Such insurance shall also:
a. Name City and its officers, employees, agents and representatives, including Consultant, as additional insured by endorsement with respect to the performance of this Agreement. This coverage shall contain no special limitation on the scope of its protection afforded to the aforementioned additional insured.

Performance Agreement
City of Riverbank and Simply Devine Events, LLC

Page 4 of 9 ends

b. Be primary with respect to any insurance or self-insurance programs covering City and its officers, employees, agents and representatives. c. Contain standard separation of insured provisions.

9.3. Automobile Liability. Consultant shall maintain automobile liability insurance with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage.

9.4. Certificates of Insurance. Promptly upon execution of this Agreement and prior to commencement of any work, Consultant shall provide City with certificates of insurance evidencing that all insurance or endorsements required by this Agreement have been obtained and are in full force and effect. Approval of the insurance by City shall not relieve or decrease any liability of Consultant. In addition, in the event any change is made in the insurance carrier, policies or nature of coverage required under this Agreement, Consultant shall notify City in writing prior to making such changes. The failure to notify City of the cancellation of any insurance policy required herein shall be consider a material breach of this Agreement.

Such insurance shall include a provision for endorsement naming City, its officers, directors, employees and agents as additional insureds with respect to liability arising out of the performance of any work under this Agreement, and providing that such insurance is primary insurance with respect to the interest of City and that any other insurance maintained by City is in excess to and not contributing insurance with the insurance required in this Agreement. Consultant shall place all insurance required herein with insurers licensed to do business in the State of California, with an acceptable Best’s Key Rating Guide rating of at least A:VII.

Section 10. Indemnification and Hold Harmless. Consultant shall protect, indemnify, hold harmless and defend City, its directors, officers, employees and agents, from any and all claims, fines, demands, costs, expenses (including but not limited to attorney’s fees and costs of litigation or arbitration), liability, losses, penalties, causes of action, awards, suits or judgments for damages of any nature whatsoever (hereinafter collectively referred to as “Claims”) to the extent arising out of the breach of this Agreement in whole or in part by, or willful or fraudulent misconduct or negligent acts, errors or omissions by Consultant, its employees, agents or consultants, or the agent, employee or consultant of any one of them in the performance of their duties or in their operations under this Agreement, but not including the sole or active negligence or the willful misconduct of City.

Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release Consultant from its obligations to indemnify as to any Claims so long as the event upon which such Claims are predicated shall have occurred prior to the effective date of any such termination or completion and arose out of or was in any way connected with performance or operations under this Agreement by Consultant, its employees, agents or consultants, or the employee, agent or consultant of any one of them.

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Submission of insurance certificates or other proof of compliance with the insurance requirements in this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. The obligation of this indemnity article shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Section 11. Consequential Damages. In no event shall either of the Parties hereto be liable to the other for the payment of any consequential damages. However, the provisions of this section shall not restrict Consultant’s indemnification obligations pursuant to this Agreement.

Section 12. Liabilities. Consultant will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the City. Consultant will not be liable for any failure of performance that is caused by or the result of any act or omission by City or any entity other than Consultant that furnishes services, facilities or equipment used in connection with Consultant services or facilities.

Except as expressly provided in this Agreement, Consultant makes no expressed or implied representations or warranties, including any warranties regarding merchantability or fitness for a particular cause.

Section 13. Termination. This Agreement may be terminated by City or Consultant upon the failure of the other Party to perform any of the material provisions of this Agreement (“Breach”).

In the event a Breach of this Agreement occurs, the non-breaching Party shall provide the other written notice of the Breach. The Parties agree that this Agreement will terminate in the event the Breach is not remedied within ten (10) business days following written notice, or if remedy is not possible within 10 business days, or if the breaching Party has not taken meaningful steps within such time period to remedy the Breach.

Notwithstanding the termination of this Agreement in the event of a Breach, City may terminate this Agreement prior to the expiration of the Term (“Early Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement early (the “Early Termination Notice”). Upon receipt of any Early Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Early Termination Notice, for the Services actually (a) performed and (b) costs incurred, provided that such compensation amount shall not in any case exceed the maximum sum set forth in Section 2 of this Agreement. In the event of Early Termination, City shall pay the remainder of the amount of any outstanding invoice within thirty (30) days of receipt of a final invoice from Consultant.

Section 14. Agreement Renewal. City may renew this Agreement for an additional contract term of one (1) year by providing Consultant thirty (30) days’ written notice prior to the end of the Term of this Agreement.

Section 15. Attorney’s Fees. In the event that any arbitration, litigation or other action or proceeding of any nature between City and Consultant becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either Party of any of the terms contained herein, it is mutually agreed that the prevailing Party in such action shall be Performance Agreement
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entitled to their attorney’s fees, costs and expenses incurred in connection with the prosecution or defense of such action or proceeding.

Section 16. Force Majeure. No Party shall have any liability to the other herein by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Section 17. Remedies Not Exclusive. The use by either Party of any remedy specified herein for the enforcement of this Agreement is not exclusive and shall not deprive the Party using such remedy of, or limit the application of any remedy provided by law.

Section 18. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Riverbank
6707 Third Street
Riverbank, California 95367
Attention: Sue Fitzpatrick, Director of Parks and
Recreation
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, California 95367
Attention: City Manager
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City Council / Local Redevelopment Authority / Public Financing AuthorityApril 12, 2022

City Council / Local Redevelopment Authority / Public Financing Authority
April 12, 2022