Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, June 28, 2022 (part 1 of 4)

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 9 AGENDA
TUESDAY, JUNE 28, 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. PRESENTATIONS (Informational only)
Item 7.1 Homeless Action Plan - City Council to receive a presentation from Stanislaus Homeless Alliance Chairperson Brad Hawn on the Homeless Action Plan; no action is requested at this time.

8. 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.

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.

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. 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.

Item 9.2 Approval of the June 14, 2022 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 Adopt a Resolution Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

Item 9.4 Approve a correction to Appendix A of the Memorandum of Understanding between the City of Riverbank and the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130 to correctly reflect employee pay scales effective July 1, 2022, and Authorize City Manager or Human Resources Analyst to make correction. Correction consists of replacing current version of Appendix A with an updated version of Appendix A to correctly reflect employee pay scales.

10. PUBLIC HEARINGS
Item 10.1 General Plan Amendment 01-2021 and Rezone 02-2021 (Dept. File #21- 0024) – Pocket Avenue Senior Apartment Complex – 3318 Pocket Avenue (APN 075-090-063). The applicant requests a General Plan Amendment to modify the existing Low Density Residential (LDR) land-use designation to High Density Residential (HDR) and to rezone the existing Single Family Residential (R-1) site to Planned Development (PD) for a proposed 40-unit senior apartment complex on 2.01 acres. The subject site is 3318 Pocket Avenue. Pursuant to the California Environmental Quality Act, the proposed Project is exempt pursuant to CEQA Guidelines Section 21159.21 (a-j) Exemption for Qualified Housing Projects – Staff recommends no action be taken for this item. City staff discovered a public notice irregularity. To ensure the project is in strict conformance with State public noticing laws, staff will renotice the item and it will be rescheduled to be heard during a duly noticed public hearing on July 26, 2022.

10.2 through 10.9.

Item 10.2 Two Resolutions for Consolidated Landscaping & Lighting District to:
1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2022/2023 - It is recommended that the City Council adopt the Resolutions corresponding to Consolidated District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2022/2023.

Item 10.3 Two Resolutions for Ridgewood Place Landscaping & Lighting District to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023; and 2) Ordering the Levy and
Collection of Annual Assessments for Fiscal Year 2022/2023 - It is recommended that the City Council adopt the Resolutions corresponding to Ridgewood Place District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2022/2023.

Item 10.4 Two Resolutions for River Cove Landscaping & Lighting District No.1 to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023; and 2) Ordering the Levy and
Collection of Annual Assessments for Fiscal Year 2022/2023 - It is recommended that the City Council adopt the Resolutions corresponding to River Cove District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2022/2023.

Item 10.5 Two Resolutions for Sierra Vista Estates Landscaping & Lighting District to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023; and 2) Ordering the Levy and
Collection of Annual Assessments for Fiscal Year 2022/2023 - It is recommended that the City Council adopt the Resolutions corresponding to Sierra Vista Estates District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2022/2023.

City Council and LRA Board Meetings Agenda June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 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 9 Item 10.6 Two Resolutions for Crossroads Landscaping & Lighting District to:
1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2022/2023 - It is recommended that the City Council adopt the Resolutions corresponding to Crossroads District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2022/2023.

Item 10.7 A Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Riverbank Storm Drain Benefit Assessment District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023 - It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023.

Item 10.8 A Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Sterling Ridge Benefit Assessment District for Fiscal Year 2022/2023 - It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) for Fiscal Year 2022/2023.

Item 10.9 A Resolution Adopting the Fiscal Year 2022-2023 Annual Operating Budget – It is recommended that the City Council consider adopting a Resolution approving the Fiscal Year 2022-2023 Annual Operating Budget.

Local Redevelopment Authority
Item 10.10 A Resolution Adopting the Proposed Fiscal Year 2022-2023 Local Redevelopment Authority (LRA) Board Budget - It is recommended that the Local Redevelopment Authority (LRA) Board of Directors (Board) review and approve the Proposed Fiscal Year 2022-2023 LRA Budget.

11. NEW BUSINESS
Item 11.1 A Resolution of the City Council of the City of Riverbank, California, approving a Subdivision Improvement Agreement for Countryside III with McRoy Wilbur Communities and Authorizing the City Manager to Execute the Agreement - It is recommended that the City Council consider the attached resolution approving the Subdivision Improvement City Council and LRA Board Meetings Agenda June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 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 5 of 9 Agreement with McRoy Wilbur Communities for Countryside III and directing the City Manager to execute the agreement.

Item 11.2 A Resolution Approving Final Map 02-2022 Countryside III – APN: 062- 022-020 – It is recommended that the City Council approve the Final Map (“FM”) for McRoy Wilbur Communities and Countryside III based on the required finding that the map is in conformity with the provisions of subdivision law and city code.

Item 11.3 A Resolution of the City Council of the City of Riverbank, California, to Approve a Subdivision Improvement Agreement for Crossroads West Unit 2 with DMG Development, LP and Authorizing the City Manager to Execute the Agreement - It is recommended that the City Council consider the attached resolution approving the Subdivision Improvement Agreement with DMG Development, LP for Crossroads West Unit 2 and directing the City Manager to execute the agreement.

Item 11.4 A Resolution Approving the Final Map (“FM”) for DMG Development, LP and Crossroads West Unit 2 APN: 074-010-006 – It is recommended that the City Council approve the Final Map (“FM”) for DMG Development, LP and Crossroads West Unit 2 APN: 074-010-006 based on the required finding that the map is in conformity with the provisions of subdivision law and city code.

Item 11.5 A Resolution Expressing Support of St. Frances of Rome Church Harm Reduction Program – It is recommended that the City Council receive the presentation on the St. Francis of Rome Harm Reduction Program and approve the Resolution expressing support.

Item 11.6 A Resolution Approving a Master Property Tax Revenue Agreement between the City of Riverbank and Stanislaus County and Authorizing the City Manager to Finalize and Execute Said Agreement - It is recommended that the City Council consider adopting a Resolution approving a Master Property Tax Revenue Agreement with Stanislaus County and authorizing the City Manager to finalize and execute this agreement.

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

Item 12.1 Staff
Item 12.2 Council/Authority Member
City Council and LRA Board Meetings Agenda June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 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 9 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 REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 6436 Oakdale Road, Riverbank (APN 075-026-040) Agency Negotiator: City Manager Marisela H. Garcia
Property Negotiator: High, Price & Leffler Associates
Under Negotiation: Price, terms of payment, or both.

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

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 6436 Oakdale Road, Riverbank (APN 075-026-040) Agency Negotiator: City Manager Marisela H. Garcia
Property Negotiator:High, Price & Leffler Associates
Under Negotiation: Price, terms of payment, or both.

15. ADJOURNMENT
• The next regular City Council meeting will be on July 26, 2022 at 6:00 p.m.

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

NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator

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 23rd day of June, 2022.
/s/Kathy L. Teixeira, Interim City Clerk
City Council and LRA Board Meetings Agenda June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 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 9 present who will take an oath to make an accurate translation from any language not English into the English language.

City Council and LRA Board Meetings Agenda June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 Next Local Redevelopment Authority Board Resolution 2022-001

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

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

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

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

JOIN THE MEETING VIA ZOOM PLATFORM
• Join by this link: https://us02web.zoom.us/j/81040537062 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 81040537062 • Join by telephone:1 669 900 9128 or 1 346 248 7799, plus Webinar ID 81040537062

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 June 28, 2022 Next City Council Resolution: 2022-081 Next Ordinance: 2022-004 Next Local Redevelopment Authority Board Resolution 2022-001

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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 7.1– CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO.7.1
SECTION 7: PRESENTATIONS
Meeting Date: June 28, 2022
Subject: Stanislaus Homeless Strategic Plan Implementation From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council receive a presentation from Brad Hawn, Chairperson of the Stanislaus Homeless Alliance regarding the implementation of the Stanislaus Homeless Strategic Plan.

SUMMARY
In the fall of 2020 the Stanislaus Homeless Alliance and Stanislaus Community System of Care created a strategic plan workgroup whose members met to discuss the creation of a community wide plan to address homelessness. The result of this workgroup’s efforts is the Stanislaus Homeless Strategic Plan.

The plan captures information on the current state of homelessness, current community concerns, gaps in homeless resources and housing, barriers to effectively addressing homelessness, and priorities for homeless assistance funding. This information was collected through an extensive feedback and information collection process where existing data, reports, and community feedback, received from a diverse group of stakeholders regarding gaps in homeless services and housing in the community, was obtained and reviewed.

Based on the feedback obtained, the community has identified eight goals targeted to address homelessness and respond to gaps in homelessness services and housing in Stanislaus, which are described in detail in the strategic plan.

Tonight Mr. Brad Hawn, Chairperson of the Stanislaus Homeless Alliance will provide a presentation on the Strategic Plan and its implementation.

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

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Item 7.1– CC/LRA – 06/28/2022

FINANCIAL IMPACT
There is no financial impact associated with this report.

ATTACHMENT

1.Presentation
Stanislaus Homeless Strategic
Plan Implementation
ATTACHMENT 1
Agenda

1. Welcome

2. Background of Strategic Plan

3. Snapshot of Homelessness

4. Eight Goals to Address Homelessness

5. Putting the Plan into Action

6. Local Implementation
Welcome
Stanislaus Community System of Care (CSOC):

Led by a 25-member council representing all major sectors of the community, the CSOC leads homelessness efforts and helps the community act together to achieve shared results of preventing and reducing homelessness.

Stanislaus Homeless Alliance (SHA):

Collaborative entity formed to align homelessness services, planning, and funding among stakeholders in Stanislaus. The Stanislaus Homeless Alliance consists of community leaders working to end homelessness.

Background: Stanislaus Strategic
Plan to Address Homelessness
In fall 2020, the Stanislaus community began
to work on a strategic planning process to
collect information and feedback to help draft
a community-wide strategic plan to address
homelessness
Information and Feedback Collection
Process for the Strategic Plan
An Environmental Scan • This scan consisted of reviewing existing reports, extensive data gathering and research about the county and cities in the region and the health and economic well-being of the community, including homelessness and the system of care
Community Feedback
• 1,021 responses from community members who completed the strategic plan community survey (available in English, Spanish, hard copy and online); • 9 local government feedback sessions (City Councils, Municipal Advisory Board (MAC), County CEO’s Office and other County officials); • 4 community focus groups with homeless service providers, people with lived experience, and community-based organizations (over 110 providers were invited to participate); and • 11 individual and group interviews with key stakeholders and community members.

Snapshot of Homelessness
Riverbank Feedback and Data
Collection
• The following feedback comes from Riverbank residents who completed the community survey and by the Riverbank City Council and members of the public attending the March 23, 2021, City Council Meeting.
• City specific data (e.g. PIT count and HMIS data) was also analyzed by drafters for the strategic plan.

Riverbank Feedback and Data: Barriers
• Community members identified that substance
abuse, insufficient mental health support and lack
of permanent affordable housing paired with high
cost of living represent significant barriers to
addressing homelessness in Riverbank.
• Further stakeholders explained that there is
motivation in Riverbank to work with the County,
SHA, and others to address homelessness in the
area but that these partnerships have not been
accessible.

Riverbank Feedback and Data: Barriers
• Riverbank would like to see more funds available in
the area to provide outreach and supports to people
experiencing homelessness and feedback indicated a
feeling of being overlooked when it comes to project
and service development for people experiencing
homelessness.
• With more support, Riverbank stakeholders believe
they can make a significant impact on homelessness
in the area.

Riverbank Feedback and Data:

Strategies to Address Homelessness
• Community members in Riverbank identified the highest priorities for community funding as mental health support, housing for people experiencing homelessness, and permanent
supportive housing.
• Stakeholders further identified other targeted strategies to addressing homelessness including funding dedicated to
identifying people experiencing chronic homelessness and then starting a Host House-type program, employment training and workforce development partnerships (ex. Opportunity
Stanislaus), permanent supportive housing and housing first programs with wrap-around services, transitional housing, and access to services that can get unhoused people document ready (e.g. obtaining ID cards, social security cards, etc.).

Eight Goals to Address
Homelessness
Goals, Strategies, and Action Steps informed by
extensive community input and feedback

Putting the Plan into Action
Beginning Implementation
• Strategic Plan Implementation Committee
formed
• This group worked to identify and prioritize
the first steps towards implementation of the
goals
• Incident Command System (ICS) framework
identified to mobilize the community
First Steps for Implementation
• Goal 1: Increase availability of permanent housing for people experiencing homelessness
• Goal 3: Achieve equity in governance, outreach, provision of services, program participation, and outcomes while improving outreach, care and culturally attuned services to vulnerable and historically underserved subpopulations
• Goal 6: Increase participation of people with lived experience of homelessness in decision-making and feedback processes across the homeless system of care
Racial equity (Goal 3) and lived
experience participation (Goal 6) must
be consistently implemented and
prioritized throughout the process
ICS Organization Example
How You Can Help
• Join the CSoC or attend a meeting
• Sign up for the equity or lived experience committee
• Spread the word to others in your local community
• Help identify stakeholders in your community interested in addressing homelessness and connect them with the CSoC and SHA
• Help identify land/building resources for development • Talk to your neighbors, friends, and family about homelessness and how this effort can help
Ideas?
Let us know how your community can be supported to
achieve these goals
For More Information or To
Participate
Brad Hawn at
[email protected]

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Item 9.1 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: June 28, 2022
Subject: Waiver of Readings
From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy L. Teixeira, Interim City Clerk/LRA Secretary

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.2 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: June 28, 2022
Subject: Approval of the June 14, 2022 City Council and Local Redevelopment Authority Board Minutes
From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy L. Teixeira, Interim City Clerk/LRA Secretary

RECOMMENDATION
It is recommended that the City Council / LRA Board approve the City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of June 14, 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.

ATTACHMENTS

1. The June 14, 2022 City Council and Local Redevelopment Authority Board Minutes.

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CC / LRA Minutes – 06/14/2022

MINUTES
TUESDAY, JUNE 14, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

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

2. FLAG SALUTE - Mayor / Chair Richard D. 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 Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien

5. AGENDA CHANGES
Mayor Richard D. O’Brien reorganized the agenda to move item 9.3-5 to the end of consent calendar as a separate action item.

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.

Mayor Richard D. O’Brien and Councilmember District 4 Darlene Barber-Martinez declared a conflict of interest with Agenda Item 9.3-5. Crossroads Landscaping and Lighting District due to residing within the Crossroads Landscaping and Lighting District.

7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation in Recognition and Celebration to the Society for disABILITIES for their 75 years of service - It is recommended that the City Council read and presented the Proclamation to Cathy Mendoza, Executive Director for Society for disABILITIES.

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

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CC / LRA Minutes – 06/14/2022
Mayor O’Brien presented a Proclamation in Recognition and Celebration to the Society for disABILITIES in recognition of their 75 years of service to the community to Cathy Mendoza, Executive Director for Society for disABILITIES.

Cathy Mendoza, Executive Director for the Society stated her appreciation and thanked City Council for their support.

Mayor O’Brien opened Public Comment at 6:07 p.m.

Karen Coronado spoke in opposition of the Riverwalk Project.

Vicki Holt, Riverbank Library Branch Manager spoke about the programs that are being offered by the Library such as:

Summer Reading Challenge May 17th through August 2nd, Register on Library Website Story Time, Tuesday at 11:00 a.m. alternate in English and Spanish Magician Shawn Durham at the Library June 23rd at 12:30 p.m.

Personal Hot Spots can be checked out the Library for anyone who need one Master Gardener Class on June 27th at 6:15 p.m. at the Modesto Library There being no further public comments, Mayor O’Brien closed the Public Comment period at 6:11 p.m.

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

Item 9.2 Approval of the May 24, 2022 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 Adopt Three (3) Resolutions for Each of the Following Landscape and Lighting Districts to: 1) Initiate Proceedings for the Annual Levy of Assessments; 2) Declare Its Intention to Levy Annual Assessments; and 3) For Preliminary Approval of the Annual Levy Report for Fiscal Year 2022/2023.

The Landscape and Lighting Districts are:

9.3-1: Consolidated Landscaping and Lighting District
Resolution (2022-050) Initiating Proceedings for the Annual Levy of Assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

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Resolution (2022-051) Declaring its Intention to Levy Annual Assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-052) for Preliminary Approval of the Annual Levy Report for the Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

9.3-2:Ridgewood Place Landscaping and Lighting District Resolution (2022-053) Initiating Proceedings for the Annual Levy of Assessments for the Ridgewood Place Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-054) Declaring its Intention to Levy Annual Assessments for the Ridgewood Place Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-055) for Preliminary Approval of the Annual Levy Report for the Ridgewood Place Landscaping and Lighting District for Fiscal Year 2022/2023.

9.3-3: River Cove Landscaping and Lighting District
Resolution (2022-056) Initiating Proceedings for the Annual Levy of Assessments for the River Cove Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-057) Declaring its Intention to Levy Annual Assessments for the River Cove Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-058) for Preliminary Approval of the Annual Levy Report for the River Cove Landscaping and Lighting District for Fiscal Year 2022/2023.

9.3-4: Sierra Vista Estates Landscaping and Lighting District Resolution (2022-059) Initiating Proceedings for the Annual Levy of Assessments for the Sierra Vista Estates Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-060) Declaring its Intention to Levy Annual Assessments for the Sierra Vista Estates Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-061) for Preliminary Approval of the Annual Levy Report for the Sierra Vista Estates Landscaping and Lighting District for Fiscal Year 2022/2023.

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Item 9.4 Adopt a Resolution for Each of the following Storm Drain Maintenance Districts Declaring its Intention to Levy and Collect Annual Assessments for Fiscal Year 2022/2023.

The Storm Drain Maintenance Districts are:

9.4-1: Resolution (2022-062) Declaring its Intention to Levy and Collect Annual Assessments within the Riverbank Storm Drain
Maintenance District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023.

9.4-2: Resolution (2022-063) Declaring its Intention to Levy and Collect Annual Assessments within the Riverbank Storm Drain
Maintenance District No. 05-01 (Sterling Ridge) for Fiscal Year 2022/2023.

Item 9.5 Resolution (2022-064) Adopting a List of Projects for Fiscal Year 2022- 2023 Funded by SB 1: The Road Repair and Accountability Act of 2017.

Item 9.6 Resolution (2022-065) to Award Bid for the Santa Fe Street (between 5th and 7th Streets) Project to Contractor George Reed, Inc. and Authorize Execution of Future Change Orders.

Item 9.7 Resolution (2022-066) Award Landscape & Lighting and Storm Drain Maintenance Contract and Authorize the City Manager to Enter Into a 3- Year Contract with Grover Landscaping Services, Inc.

Item 9.8 Resolution (2022-067) Authorizing the Senior Neighborhood Improvement Officer Job Classification and Salary Range; and Amending the City of Riverbank Compensation Plan for the Addition.

Item 9.9 Resolution (2022-068) Accepting the Annual Financial Reports for Fiscal Year 2017-2018, 2018-2019, and Fiscal Year 2019-2020.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5/0) to approve Consent Calendar Items 9.1 through 9.3-4 and 9.4 through 9.9, as presented.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Reference Item 9.3-5: Mayor O’Brien and Councilmember Barber-Martinez recused themselves from consideration of this Item due to a conflict of interest; stepped out of the City Council Chambers at 6:16 p.m.; Vice Mayor Campbell presided.

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9.3-5: Crossroads Landscaping and Lighting District.

Resolution (2022-069) Initiating Proceedings for the Annual Levy of Assessments for the Crossroads Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-070) Declaring its Intention to Levy Annual Assessments for the Crossroads Landscaping and Lighting District for Fiscal Year 2022/2023.

Resolution (2022-071) for Preliminary Approval of the Annual Levy Report for the Crossroads Landscaping and Lighting District for Fiscal Year 2022/2023.

ACTION: By motion moved and seconded (Hernandez / Uribe / passed 3/0) to approve Consent Calendar Item 9.3-5, as presented.

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

AYES: Uribe, Hernandez and Campbell
NAYS: None / ABSENT: None / ABSTAINED: Barber-Martinez and Mayor O’Brien
Mayor O’Brien and Councilmember Barber-Martinez returned to the City Council Chambers; and Mayor O’Brien resumed presiding over the meeting at 6:17 p.m.

10. PUBLIC HEARINGS - No Public Hearings Scheduled.

11. NEW BUSINESS
Item 11.1 Consideration of a Resolution to Award and Authorize the City Manager to Enter into a Professional Services Contract with Visual Sound for the Audio / Visual Media Equipment Upgrade Project for the Council Chamber; and Authorize a 10% Contingency of the Total Contract for Unforeseen Conditions or Extra Work Required - It is recommended that that the City Council approve the Resolution (1) awarding Visual Sound the Service Contract for the update and upgrading of the audio / visual (AV) media equipment in the Riverbank Council Chamber, (2) authorize the City Manager to enter into said contract with Visual Sound and, (3) authorize a 10% contingency of the total contract for unforeseen conditions or extra work that may arise.

Senior Management Analyst Torres-Manriquez presented a comprehensive staff report and PowerPoint Presentation recommending that the City Council approve the Resolution (1) awarding Visual Sound the Service Contract for the update and upgrading of the audio / visual (AV) media equipment in the Riverbank Council Chamber, (2) authorize the City Manager to enter into said contract with Visual Sound and, (3) authorize a 10% contingency of the total contract for unforeseen conditions or extra work required.

City Council discussed the item with staff.

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City Manager Garcia stated funds will be coming from public education fund and will not be drawn from any other funds.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5/0) to adopt City Council Resolution 2022-072 to Award and Authorize the City Manager to enter into a Professional Services Contract with Visual Sound for the Audio/Visual Media Equipment Upgrade Project for the Council Chamber; and authorize a 10% Contingency of the total Contract for Unforeseen Conditions or Extra Word Required.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Consideration of a Resolution Approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit - It is recommended that the City Council adopt a Resolution approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit.

Human Resources Analyst Stefani presented a comprehensive staff report with PowerPoint presentation recommending the City Council approve the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit, as presented.

City Council discussed the item with staff.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Hernandez / Uribe / passed 5/0) to adopt City Council Resolution 2022-073 approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.3 Consideration of a Resolution to Approve the McRoy Wilbur Communities System Development Fees/Credits and to Defer the System Development Fees for the Countryside III Subdivision – It is recommended that the City Council consider and approve the Resolution approving the McRoy-Wilbur Communities System Development Fees and Credits assessed on the construction of dwelling units in the Countryside III

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subdivision and deferring their payments of the System Development Fees to Building Final.

Planning and Building Manager Kenney presented a comprehensive staff report and PowerPoint Presentation recommending that the City Council approve the Resolution approving the McRoy-Wilbur Communities System Development Fees and Credits assessed on the construction of dwelling units in the Countryside III subdivision and deferring their payments of the System Development Fees to Building Final.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Barber-Martinez / Campbell / passed 5/0) to adopt City Council Resolution 2022-074 approving the McRoy-Wilbur Communities System Development Fees and Credits assessed on the construction of dwelling units in the Countryside III subdivision and deferring their payments of the System Development Fees to Building Final.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.4 Consideration of a Resolution to Adopt 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022- 2027 – It is recommended that the City Council consider and adopt the Resolution adopting the 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022-2027.

Development Services Administration Manager Cleek presented a comprehensive staff report and PowerPoint presentation recommending that the City Council consider and adopt the Resolution the 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022-2027 as presented.

City Council discussed the item with staff.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5/0) to adopt City Council Resolution 2022-075 adopting the 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022-2027.

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

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

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Item 11.5 Consideration of a Resolution to Declare Water Emergency per California Governor’s Executive Order (EO) N-7-22 – It is recommended that the City Council consider and adopt a resolution to declare a water shortage emergency and implement the water shortage response actions identified in the current Water Shortage Contingency Plan, adopted October 26, 2021 in conjunction with the 2020 Urban Water Management Plan.

Public Works Director Riddell presented a comprehensive staff report recommending that the City Council adopt a resolution to declare a water shortage emergency and implement the water shortage response actions identified in the current Water Shortage Contingency Plan, adopted October 26, 2021 in conjunction with the 2020 Urban Water Management Plan.

City Council discussed the item with staff. City Manager Garcia brought up discussion items with a displayed spreadsheet showing other items that could support meeting the 20-percent (20%) needed for the City to meet with the Governor’s saving water order.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5/0) to adopt City Council Resolution 2022-076 declaring a water shortage emergency and implement the water shortage response actions identified in the current Water Shortage Contingency Plan, adopted October 26, 2021 in conjunction with the 2020 Urban Water Management Plan.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.6 Consider of a Resolution Establishing the Turf Replacement Program Guidelines in the City of Riverbank - It is recommended that the City Council consider adopting a resolution that will establishment the guidelines of a turf replacement program in the City of Riverbank.

City Manager Garcia presented a comprehensive staff report and PowerPoint Presentation recommending that the City Council consider adopting a resolution that will establish the guidelines of a turf replacement program in the City of Riverbank.

City Council discussed the item with staff.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Campbell / Hernandez / passed 5/0) to adopt City Council Resolution 2022-077 establishing the guidelines of a turf replacement program in the City of Riverbank.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.7 Authorize the City Manager to direct the City’s On-Call Utility Engineer to conduct rehabilitation and testing of Well No. 10 to assess reduction in well nitrate for the wells continued use during upcoming high water demands - It is recommended that the City Council authorize the City Manager to direct the City’s on-call Utility Engineer Kjeldsen, Sinnock & Neudeck, Inc. (KSN) to perform certain rehabilitation, test pumping, and monitoring of Well No. 10.

Public Works Director Riddell presented a comprehensive staff report recommending the city council authorize the City Manager to direct the City’s on-call Utility Engineer Kjeldsen, Sinnock & Neudeck, Inc. (KSN) to perform certain rehabilitation, test pumping, and monitoring of Well No. 10.

There being no public comments, Mayor O’Brien closed public participation and brought the item back to the City Council.

ACTION: By motion moved and seconded (Uribe / Campbell / passed 5/0) authorizing the City Manager to direct the City’s on-call Utility Engineer Kjeldsen, Sinnock & Neudeck, Inc. (KSN) to perform certain rehabilitation, test pumping, and monitoring of Well No. 10.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.8 Consideration of a Resolution Approving an Intergovernmental Cooperation Agreement between the County of Stanislaus and the City of Riverbank for Joint Participation in the Community Development Block Grant Program - It is recommended that the City Council consider adopting a Resolution approving a Cooperation between Stanislaus County and the City of Riverbank for participation in the Community Development Block Grant Program.

City Manager Garcia presented a comprehensive staff report recommending City Council adopt a Resolution to approve a Cooperation between Stanislaus County and the City of Riverbank to participate in the Community Development Block Grant Program.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Campbell / Uribe / passed 5/0) to adopt City Council Resolution 2022-078 approving a Cooperation Agreement between Stanislaus County and the City of Riverbank for participation in the Community Development Block Grant Program.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.9 Consideration of a Resolution Approving HOME Investment Partnership Consortium Agreement for One Year from October 1, 2022 to September 30, 2023; and, a Resolution Approving HOME Investment Partnership Program Consortium Agreement for Three Years from October 1, 2023 to September 30, 2026 - It is recommended that the City Council consider approving the HOME Investment Partnership Program Consortium One-Year and Three-Year Agreements for continued participation in the HOME Consortium.

City Manager Garcia presented a comprehensive staff report recommending to City Council consider approving the HOME Investment Partnership Program Consortium One-Year Resolution and Three-Year Resolution for the Agreements to allow continued participation in the HOME Consortium.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5/0) to adopt City Council Resolution 2022-079 Approving HOME Investment Partnership Consortium Agreement for One Year from October 1, 2022 to September 30, 2023.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5/0) to adopt City Council Resolution 2022-080 Approving HOME Investment Partnership Program Consortium Agreement for Three Years from October 1, 2023 to September 30, 2026.

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

AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.10 Fiscal Year 2022-23 Major Fund Budget Workshop -It is recommended that the City Council receive a presentation on the Fiscal Year 2022-23 Major Fund Proposed Budgets and provide feedback in anticipation of the adoption of the Final Budget on June 28, 2022.

City Manager Garcia alongside Assistant Finance Director Alcantor presented a comprehensive staff report and PowerPoint presentation reviewing the Fiscal Year 2022-23 Major Fund Workshop.

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DIRECTION: City Council discussed and directed City Manager Garcia to place two item requests on the Final Budget. The first request, re-plastering of the Community Center Pool at $171,000 to be funded from the General Fund. The second request, a Vector/Jet Combo unit at $550,000 to be funded from the General Fund.

Item 12.1 Staff
City Manager Garcia advised the City Council and the public on the following upcoming public events:
• Riverbank Car Show and Picnic location has been changed to be held at the Downtown Plaza, Saturday, June 25th from 11:00 a.m. until 3:00 p.m. This event, including the picnic is free to the public which will be hosted by the City of Riverbank.
• July 4th is upon us, with dry lots and high winds, the city recommends being careful with Fireworks use.
• Movies at the Park, June 18th at Jacob Myers Park
Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• Attended Solidarity Event where the focus was on the Education System.

Councilmember Uribe reported on the following:
• Attended Harm Reduction Program.
• Stated his support on the Water Drought Changes that need to be made to reduce water use.

Councilmember Barber-Martinez reported on the following:
• Attended a Public Safety Committee Meeting through the League of California Cities, discussed several propositions that are being reviewed at the State level. • Bicycle Rodeo Kids Safety & Health Fair in collaboration with Riverbank Police Services and City of Riverbank will be held July 13th.

Vice Mayor Campbell reported on the following:
• Attended an Environmental Justice meeting.
• Stated his concern with 4th of July around the corner, advising everyone to stay safe from fires and be careful with the high winds that can cause Fireworks to spread fires.
.

Item 12.3 Mayor/Chair
Mayor O’Brien stated had no comments.

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13. CLOSED SESSION – No Items Scheduled.

14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 8:15 p.m. to the next regular scheduled City Council / LRA Meeting of June 28, 2022.

ATTEST: (Adopted 06/28/2022) APPROVED:

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

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Item 9.3 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: June 28, 2022
Subject: Adopt a Resolution Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment From: Tom Hallinan, City Attorney
Submitted by: Tom Hallinan, City Attorney

RECOMMENDATION
Staff recommends Council adopt a Resolution authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Virtual Meeting Environment.

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

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

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

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Item 9.3 – CC/LRA – 06/28/2022
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

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

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

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

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service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

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

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

At the October 12th City Council meeting, Council considered whether or not to continue with the hybrid meeting format. During that meeting difficulties were experienced in receiving a specific comment on an agenda item. As such, the Council chose to only extend the hybrid meeting allowance for 2 weeks to determine alternate options for accepting comments or dealing with technical issues. At the October 26, 2021 Council meeting staff gave out the phone number at the dais for any member of the public that had technical issues providing comment by zoom. Two comments were received via this method, if this resolution is approved staff will continue with this measure until it is no longer needed. Staff is currently in the process of soliciting bids for technological upgrades to the Council Chamber technology setup which will provide improved ability for hybrid and streamed meetings.

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

If the Resolution is adopted the City Council will continue to hold in person meetings with a virtual hybrid component. The City Council will revisit the need to conduct

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meetings remotely within 30 days of the adoption of this Resolution, it is staff’s intention to reevaluate options for hybrid meetings during that time period for future Council consideration.

FINANCIAL IMPACT
None at this time.

ATTACHMENTS

1. Draft City Council Resolution 2022-

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

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CC/LRA 06/28/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF RIVERBANK PURSUANT TO ASSEMBLY BILL 361 AND

BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Riverbank (the “City”) is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and ATTACHMENT 1

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CC Resolution 2022-
WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS, the Stanislaus County Public Health Officer issued an order on September 2, 2021 regarding the highly transmissible Delta Variant and recommending face coverings indoors; and
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

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CC Resolution 2022-

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

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

Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Stanislaus County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

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

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

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 28th day of June, 2022; motioned by Councilmember ______________, seconded by Councilmember ________________, and upon roll call was carried by the following City Council vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
___________________________ _ __________________ _______ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
September 22, 2021
To Whom It May Concern:

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

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

Julie Vaishampayan, MD, MPH
Public Health Officer
Stanislaus County

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

STRIVING TO BE THE BEST COUNTY IN AMERICA
ATTACHMENT 2
{CW114382.1} Page 1 of 2
Item 9.4 - CC / LRA 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: June 28, 2022
Subject: Approve a Correction to Appendix A of the Memorandum of Understanding between the City of Riverbank and the Riverbank Miscellaneous Bargaining Unit to correctly reflect employee pay scales effective July 1, 2022, and Authorize City Manager or Human Resources Analyst to make correction.

From: Marisela H. Garcia, City Manager
Submitted by: Cheryl Stefani, Human Resources Analyst

RECOMMENDATION
It is recommended that the City Council approve a Correction to Appendix A of the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit.

SUMMARY
On June 14, 2022, the Council adopted Resolution 2022-073 approving the Memorandum of Understanding (MOU) between the City of Riverbank and the Miscellaneous Employees Bargaining Unit the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130 developed through mutual consent and by good-faith negotiation efforts exhibited by both parties. The MOU details the terms and conditions of employment for the term of July 1, 2022 through June 30, 2025.

After the Council acted, it was determined by City Staff that an incorrect version of Appendix A had been included with the materials provided to Council for the June 14th meeting, and the agreed-upon pay scales reflected in that version were inaccurate.

Staff is recommending that the Council approve the corrected version of Appendix A and authorize the City Manager or Human Resources Analyst to replace the previous Appendix A with the correct version.
{CW114382.1} Page 2 of 2
Item 9.4 - CC / LRA 06/28/2022

ATTACHMENTS
The following items are attached to this report:

1. City Council Resolution 2022-073

2. Original Staff Report and Attachments from Item 11.2 at June 14, 2022 Council Meeting.

3. Updated Appendix A.

Page 1 of 2 ends

CC/LRA – 06/14/2022
CC Resolution 2022-073

CITY OF RIVERBANK
RESOLUTION 2022-073

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF RIVERBANK, CALIFORNIA

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE

NORTHERN CALIFORNIA DISTRICT COUNCIL OF
LABORERS LOCAL UNION, AFL:CIO #1130 FOR THE
TERM OF JULY 1, 2022 TO JUNE 30, 2025,

REGARDING THE SALARIES, BENEFITS, HOURS, AND

OTHER TERMS AND CONDITIONS OF EMPLOYMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of the State of California provide that the salaries of employees of General Law cities may be fixed or increased by resolution; and
WHEREAS, Title I, Chapter 35 of the Riverbank City Code provides that the City Council may from time to time by resolution, change the compensation of employees of the City and by resolution adopt salary and wage scales; and
WHEREAS, A Memorandum of Understanding regarding salaries, benefits, hours, and other terms and conditions of employment has been approved and executed by the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, and the City Manager; and
WHEREAS, the City Council of the City of Riverbank desires to adopt such Memorandum of understanding; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Riverbank hereby approve and ratify the Memorandum of Understanding attached hereto and made a part hereof; and
BE IT FURTHER RESOLVED, that the provisions contained herein pertaining to salaries, employee benefits, hours, and other terms and conditions of employment are, by this Resolution, made operable.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June 2022; motioned by Councilmember District 2 Rachel Hernandez, seconded by Councilmember District 1 Luis uribe, and upon roll call was carried by the following vote of 5/0:

ATTACHMENT 1

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CC/LRA – 06/14/2022
CC Resolution 2022-073
AYES: Councilmember District 1 Luis Uribe
Councilmember District 2 Rachel Hernandez
Vice-Mayor (CM-District 3) Cal Campbell
Councilmemebr District 4 Darlene Barber-Martinez
Mayor Richard D. O’Brien
NAYS: None
ABSENT: None
ABSTAINED: None
Attest: Approved:
_________________________ ___________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Memorandum of Understanding with the Northern California District Council of Laborers Local Union, AFL:CIO #1130
/s/ Kathy L. Teixeira /s/ Richard D.O'Brien

Page 1 of 4 ends

Item 11.2 - CC / LRA 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Consideration of a Resolution Approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit
From: Marisela H. Garcia, City Manager
Submitted by: Cheryl Stefani, Human Resources Analyst

RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit.

SUMMARY
An agreement has been reached between the City of Riverbank and the Miscellaneous Employees Bargaining Unit for the Memorandum of Understanding (MOU) developed through mutual consent and by good-faith negotiation efforts exhibited by both parties.

The MOU details the terms and conditions of employment for the term of July 1, 2022 through June 30, 2025.

BACKGROUND
The Miscellaneous Employees Bargaining Unit was first established in the City of Riverbank in 1972 and it is currently comprised of 27 employees including both clerical and field personnel.

In November 2021, the City’s attorney contacted the Miscellaneous Employees Bargaining Unit representative to request meeting dates in the new year to begin negotiation discussion of the current Memorandum of Understanding due to expire on June 30, 2022. Due to the ongoing COVID-19 pandemic and an uptick in the Omicron variant, the initial labor negotiations meeting was held via Zoom in February 2022 to discuss negotiations protocol, ground rules, and scheduling of future meetings.

ATTACHMENT 2

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Item 11.2 - CC / LRA 06/14/2022
As COVID-19 mandates lifted and the number of cases in Stanislaus County decreased, subsequent negotiation meetings were able to be held in-person. After the exchange of a few proposals between the City and the Miscellaneous Employees Bargaining Unit, there was mutual consent on a Tentative Agreement by both parties. The City’s bargaining team considers the agreed upon Tentative Agreement to be fair as well as recognizing of employees having worked through the pandemic.

As such, the two parties are requesting that the City Council consider the approval of the July 1, 2022 – June 30, 2025 Memorandum of Understanding between the City of Riverbank and the Miscellaneous Employees Bargaining Unit.

KEY TERMS OF THE AGREEMENT
The elements that comprise the agreement are as follows:

1. Term of the agreement:

July 1, 2022 to June 30, 2025.

2. Cost of Living Adjustment:
a) Seven percent (7%) COLA effective the first full pay period of July 2022. b) Three percent (3%) COLA effective the first full pay period of July 2023. c) Four percent (4%) COLA effective the first full pay period of July 2024.

3. Longevity Pay:

The City proposes a 2.5% wage increase for employees with 25 years of service.

4. Stand-by Pay:

Employees on Stand-by shall be compensated as follows: two hours per day, Monday through Saturday at the rate of one and one-half the employee’s regular rate of pay; one (1) hour double time at the employee’s regular rate of pay for Sundays and City recognized holidays.

5. Compensatory Time Cash Out:

Compensatory time may be “cashed-out” once a year. Employees may cash-out a minimum of ten (10) hours up to a maximum of forty (40) hours. Employees separating

Page 3 of 4 ends

Item 11.2 - CC / LRA 06/14/2022
themselves from the City service shall be allowed to use compensatory time earned prior to the effective separating date.

In order to cash out compensatory time employees must submit an irrevocable election in December of each year. Late irrevocable election forms will not be accepted, nor can they be changed after the deadline for submission.

6. Deferred Compensation:

The City contracts with MissionSquare ICMA Retirement Corporation to offer a deferred compensation plan. Subject to the terms and conditions of ICMA on a voluntary basis eligible employees may defer a portion of their salary into his/her account until the employee’s retirement, permanent disability, death, or as allowed by ICMA. The City agrees to match an employee’s contribution up to $75 per month.

7. Me Too Clause – Cost of Living Adjustment (COLA):

The City accepts the Unions proposal for a Me-Too clause with the following conditions:
• This provision applies to only across the unit Cost of Living Adjustments (wage increases) for the middle managers unit – (it does not apply to equity adjustments). • This provision will automatically sunset at the expiration of this agreement and must be specifically renegotiated if it is to remain in effect.

8. COVID-19 Hazard Pay:

The City will provide a COVID-19 Essential Worker lump sum payment of $7,500.00 to all bargaining unit members.

9. Safety Boot Allowance:

Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, and boot protectant and/or winter jacket, the jacket must be bright orange or green and have the City of Riverbank logo. Such reimbursement shall not exceed $250.00 per fiscal year. Office employees are not eligible for this benefit.

10.Bilingual Pay:

For positions designated by the City as bilingual, employees shall receive a three percent (3%) pay differential. The City retains the ability to unilaterally designate or remove bilingual pay. The City’s decision to designate or not designate is not appealable or subject the grievance process. In order for employees to receive bilingual pay they must be certified as bilingual in both written and oral communication.

Page 4 of 4 ends

Item 11.2 - CC / LRA 06/14/2022

11.Remove the Average for Medical Benefits Employee Contributions:

Employees covered by this MOU shall be responsible for fifteen (15%) percent of the monthly premiums.

12.Add Juneteenth Holiday:

Effective 2023, Juneteenth will be recognized as a Regular Holiday for Pay Purposes as this contract doesn’t expire until the end of June 2022.

FINANCIAL IMPACT
The financial impact for Year 1 associated with the negotiated items is as follows:

Cost of Living Adjustment 156,367.73
Longevity 13,062.57
Comp 8,048.64
Deferred Comp 26,100.00
Hazard Pay 294,205.00
Boot Allowance 950.00
Bilingual Pay 25,316.18
Total Cost (All Funds) 524,050.12

ATTACHMENTS
The following items are attached to this report:

1. Draft City Council Resolution 2022-

2. July 1, 2022 – June 30, 2022 Memorandum of Understanding ATTACHMENT 1

Page 1 of 2 ends

CC/LRA – 06/14/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF RIVERBANK, CALIFORNIA

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE

NORTHERN CALIFORNIA DISTRICT COUNCIL OF
LABORERS LOCAL UNION, AFL:CIO #1130 FOR THE
TERM OF JULY 1, 2022 TO JUNE 30, 2025,

REGARDING THE SALARIES, BENEFITS, HOURS, AND

OTHER TERMS AND CONDITIONS OF EMPLOYMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ______:

Page 2 of 2 ends

CC/LRA – 06/14/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

Attest: Approved:
_________________________ ___________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Memorandum of Understanding with the Northern California District Council of Laborers Local Union, AFL:CIO #1130
ATTACHMENT 2

MEMORANDUM

OF UNDERSTANDING
between

THE CITY OF RIVERBANK
AND

THE REPRESENTATIVES OF THE

NORTHERN CALIFORNIA DISTRICT

COUNCIL OF LABORERS AND ITS

AFFILIATE,

CONSTRUCTION, PRODUCTION &

MAINTENANCE LABORERS
LOCAL UNION, AFL:CIO #1130
JULY 1, 2022– JUNE 30, 2025
2022
-2025 LiUNA_MOU
Revised: 2022-06
2 2022-2025 LiUNA_MOU
Revised: 2022-06 3

RIVERBANK MUNICIPAL EMPLOYEE ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Section 1.00 – Memorandum Of Understanding __________________________________ 7

1.01 – Parties of Understanding..............................................................................................7

1.02 – General Conditions.......................................................................................................7

1.03 – Terms of Agreement.....................................................................................................7

1.04 – Reopener Clause .........................................................................................................7 Section 2.00 – Union Rights___________________________________________________ 8

2.01 – Agency Shop Agreement..............................................................................................8

2.02 – Union Orientation (AB 119) ..........................................................................................9 Section 3.00 – MANAGEMENT Rights___________________________________________ 9

3.01 – Management Rights .....................................................................................................9 Section 4.00 – Hours Of Work _________________________________________________ 9

4.01 – Standard Work Periods ................................................................................................9

4.02 – Exceptions to Standard Work Periods ..........................................................................9

4.03 – Pay Periods................................................................................................................10 Section 5.00 –Salary And Compensation _______________________________________ 10

5.01 – Salary Adjustments ....................................................................................................10

5.02 – Employee Compensation Plan ...................................................................................10

5.03 – Computation of Salary................................................................................................10

5.04 – Application of Salary Ranges and Rates ....................................................................10

5.05 – Deductions .................................................................................................................11

5.06 – Overtime Policy ..........................................................................................................11

5.08 – Compensatory Time...................................................................................................12

5.09 – Callback Compensation .............................................................................................12

5.10 – Standby Pay...............................................................................................................13

5.11 – Callback Rest Period..................................................................................................13

5.12 – Attendance of Training Courses .................................................................................13

5.13 – Longevity Pay.............................................................................................................13

5.14 – Certification Pay .........................................................................................................14

5.15 – Bilingual Pay ..............................................................................................................14 Section 6.00 – Probationary Period____________________________________________ 14

6.01 – Probationary Period....................................................................................................14

6.02 – Objective of Probationary Period................................................................................14

6.03 – Rejection of Probationer.............................................................................................14

6.04 – Rejection Following Promotion ...................................................................................14 Section 7.00 – Benefits______________________________________________________ 15

7.01 – Health Benefits...........................................................................................................15

7.02 – Health Benefits CAP...................................................................................................16

7.03 – PERS Retirement.......................................................................................................16

TABLE OF CONTENTS
2022-2025 LiUNA_MOU
Revised: 2022-06 4

7.04 – Life Insurance.............................................................................................................17

7.05 – Employee Assistance Program...................................................................................17

7.06 – Deferred Compensation .............................................................................................17

7.07 – LIUNA National (Industrial) Pension Fund ..................................................................17 Section 8.00 – Reimbursements ______________________________________________ 18

8.01 – Tuition Reimbursement ..............................................................................................18

8.02 – Mileage Reimbursement.............................................................................................18

8.03 – Safety Boots and Winter Jacket Reimbursement........................................................18

8.04 – Personal Property Reimbursement.............................................................................18 Section 9.00 – Leaves Of Absence ____________________________________________ 19

9.01 – Attendance.................................................................................................................19

9.02 – Sick Leave .................................................................................................................19

9.03 – Vacation.....................................................................................................................20

9.04 – Paid Holidays .............................................................................................................21

9.05 – Bereavement Leave ...................................................................................................22

9.06 – Workers’ Compensation Leave...................................................................................22

9.07 – Military Leave .............................................................................................................23

9.08 – Family Leave Acts......................................................................................................23

9.09 – Pregnancy Disability Leave ........................................................................................23

9.10 – Employee’s Time Off to Vote......................................................................................23

9.11 – Jury Duty and Subpoenas Leave................................................................................23

9.12 – Leave of Absence Without Pay...................................................................................24

9.13 – Absence Without Leave .............................................................................................24 Section 10.00 – Personnel Practices___________________________________________ 24

10.01 – Performance Appraisals ...........................................................................................24

10.02 – Transfers..................................................................................................................24

10.03 – Promotions...............................................................................................................25

10.04 – Demotions................................................................................................................25

10.05 – Reinstatement ..........................................................................................................25

10.06 – Terminations ............................................................................................................25

10.07 – Reappointments .......................................................................................................26 Section 11.00 – Disciplinary Proceedings ______________________________________ 26

11.01 – Disciplinary Action; Definition ...................................................................................26

11.02 – Cause For Disciplinary Action...................................................................................26

11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents ....27

11.04 – Right Of Appeal: Form..............................................................................................27

11.05 – Hearing ....................................................................................................................27

11.06 – Representation.........................................................................................................27

11.07 – Notices To Witnesses: Cost.....................................................................................28

11.08 – Failure Of Employee To Appear At Hearing..............................................................28

11.09 – Decisions .................................................................................................................28

11.10 – Effect of Certain Disciplinary Actions........................................................................28 Section 12.00 – Grievance Procedures_________________________________________ 28

12.01 – Purpose....................................................................................................................28

12.02 – Matters Subject to Grievance Procedure ..................................................................29

12.03 – Informal Grievance Procedure..................................................................................29

12.04 – Formal Grievance Procedure....................................................................................29 2022-2025 LiUNA_MOU
Revised: 2022-06 5

12.05 – Conduct Of Grievance Procedure.............................................................................29 Section 13.00 – Employer – Employee Relations_________________________________ 30

13.01 – Purpose....................................................................................................................30

13.02 – Definitions ................................................................................................................30

13.03 – Designation and Recognition of Bargaining Representative .....................................31

13.04 – Bargaining Procedure...............................................................................................32

13.05 – Scope of Representation..........................................................................................32

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations........................................................................................................................32

13.07 – No Discrimination .....................................................................................................33

13.08 – Classifications Restricted from Representing Recognized Employee Organizations 33

13.09 – Savings Clause ........................................................................................................34 Section 14.00 – Miscellaneous Provisions ______________________________________ 34

14.01 – Outside Employment ................................................................................................34

14.02 – Uniforms...................................................................................................................34

14.03 – Contracting Unit Work ..............................................................................................34 Section 15.00 – Agreement __________________________________________________ 34

15.01 – Entire Agreement .....................................................................................................34

15.02 – Severability of Provisions .........................................................................................35

15.03 – Modifications, Amendments and Revisions ..............................................................35

15.04 – Ratification ...............................................................................................................35 Appendices _______________________________________________________________ 39 Appendix A ...........................................................................................................................39 Appendix B ...........................................................................................................................41 Appendix C ...........................................................................................................................43 Appendix D ..............................................................................Error! Bookmark not defined. 2022
-2025 LiUNA_MOU
Revised: 2022-06
6 2022-2025 LiUNA_MOU
Revised: 2022-06 7
Agreement Between

CITY OF RIVERBANK AND

RIVERBANK MUNICIPAL EMPLOYEES ASSOCIATION
SECTION 1.00 – MEMORANDUM OF UNDERSTANDING

1.01 – Parties of Understanding
This Memorandum of Understanding hereinafter referred as “MOU” is between the authorized representatives of the City of Riverbank, hereinafter referred to as the “City”, and the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, hereinafter referred to as the “Union”, the recognized employee organization for the classifications listed in Appendix “A” of this MOU.

This MOU complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State of California, in that the Employer-Employee representatives noted herein did meet and confer in good faith and did reach agreement on those matters within the scope of representation.

This MOU also complies with Ordinance No. 72-04 relating to Employer-Employee relations, as adopted and amended by the City Council of the City of Riverbank.

1.02 – General Conditions
This MOU does not modify or change the provisions of the Personnel Rules and Regulations of the City of Riverbank unless specific reference is made herein to modify or add to the existing Personnel Rules and Regulations.

This MOU does not modify existing salaries, benefits, hours and terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this MOU.

1.03 – Terms of Agreement
This MOU embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment for a three (3) year term. This MOU becomes effective July 1, 2022 continuing through the end of the pay period that includes June 30, 2025 at which time the MOU terminates.

1.04 – Reopener Clause
During the term of this agreement, the City shall have the ability to reopen the terms of this agreement if either of the following occur:

A. The City experiences unforeseen economic difficulties; or B. The City desires to change its current group health benefits provider and seeks to move to a defined employer contribution rather that the percentage based agreement discussed in Section 7.01 below. 2022-2025 LiUNA_MOU
Revised: 2022-06 8
SECTION 2.00 – UNION RIGHTS

2.01 – Agency Shop Agreement
A. Agency Shop Condition
Effective July 9, 2001, the Employer (City of Riverbank) agrees, in accordance with California State Law (SB739 – Government Code 3500-3510) to require all bargaining unit employees to either:

1. Join the Union and pay normal dues and initiation fees; or

2. Pay and “agency fee” in the amount of dues for representation by the Union in accordance with State Law.

B. Exclusions
The Agency Shop arrangement shall not apply to Management, confidential, or supervisory employees of the Employer.

In the event that a court of law invalidates the ability of the City to collect agency shop or fair share fees, the City shall stop any such collection of fees.

C. Conscientious Objectors
Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support public employee organizations, or shall not be required to join or support any public employee organization as a condition of employment.

D. Service Fee
The employee who is a conscientious objector may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to nonreligious, nonlabor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue Code, chosen by the employee from the following list of 3:

1. The United Way

2. The Salvation Army

3. San Joaquin County Food Bank
Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

E. Challenge of Fees
The employee organization must provide an explanation for the basis of the fees, a reasonable prompt opportunity for fee payers to challenge the fee amount before an impartial decision-maker, and an escrow account for amounts reasonably in dispute while a challenge is pending.

F. Record of Financial Transactions
The recognized employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency and to the employees who are members of the organization, within sixty (60) days after the end of the fiscal year, a detailed written financial report thereto in the form of a balance sheet and an operating statement, by a certified public accountant. An employee 2022-2025 LiUNA_MOU
Revised: 2022-06 9
organization required to file financial reports under the Labor-Management Disclosure Act of 1959 or required to file financial reports under Section 3546.5 may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports.

G. Duration of Obligation
Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the City of Riverbank and the recognized employee organization.

H. Hold Harmless
The Union shall indemnify and hold the City, its officers and employees harmless from any and all liability resulting from any claims, demands, lawsuits, or other action arising from compliance with the provisions of the Agency Shop agreement.

2.02 – Union Orientation (AB 119)
Every 120 days starting January 1, the City shall provide the Union with a roster of current bargaining unit member, identifying the member, whether they are an agency shop or union member. The City will provide two (2) business days’ notice prior to the orientation of a new bargaining unit member.

SECTION 3.00 – MANAGEMENT RIGHTS

3.01 – Management Rights
It is the exclusive right of the City to direct its employees, take disciplinary for proper cause, relieve its employees from duty because of lack of work or for other legitimate reason, classify and reclassify positions, and determine the methods, means, and personnel by which the City of Riverbank’s operations are to be conducted. In no event shall the exercise of these rights be contrary to any other applicable provision of the law.

SECTION 4.00 – HOURS OF WORK

4.01 – Standard Work Periods
The standard workday, exclusive of lunchtime, shall be eight (8) hours, and the standard workweek shall be forty (40) hours, to be worked within five (5) consecutive days. The workday for part-time employees shall be established as directed by the Department Head.

4.02 – Exceptions to Standard Work Periods
The City Manager is hereby authorized to designate other work periods and working hours for employees when, in his/her opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours. The procedure for making adjustment in the standard work periods and hours shall be consistent with the provisions of §3504.5 of the Government Code. (Government Code Section 3504.5 provides that, except in cases of emergency, notice and an opportunity to meet and confer shall be given prior to enacting any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation.) The City has the right to re-open on the subject of a 9/80 work schedule during the term of this Agreement.
2022-2025 LiUNA_MOU
Revised: 2022-06 10

4.03 – Pay Periods
The pay period for all employees shall be bi-weekly and salaries will be paid every other Thursday of each month.

Except for employees being terminated, salaries will be paid only on regular pay days, unless early payment is approved by the Chief Personnel Officer. Employees leaving the municipal service will be paid by the following payroll period following the date of termination, retirement, or resignation. Before the employee receives the final check, the Finance Director will have written clearance from the Department concerned that said employee has returned all City-owned tools, clothing, keys, and equipment.

The method of distributing payroll checks shall be established by the Chief Personnel Officer.

SECTION 5.00 –SALARY AND COMPENSATION

5.01 – Salary Adjustments
Following ratification by both the City and the membership. The City agrees to adjust salary ranges of all job classifications covered by this MOU as follows:

1. Effective the first full pay period of July 2022 the salary ranges shall be increase as provided in Appendix A to reflect a seven percent (7%) cost of living adjustment (COLA).

2. Effective the first full pay period of July 2023 the salary ranges shall be increase as provided in Appendix B to reflect a three percent (3%) cost of living adjustment (COLA).

3. Effective the first full pay period of July 2024 the salary ranges shall be increase as provided in Appendix C to reflect a four percent (4%) cost of living adjustment (COLA).

In the event that the middle managers bargaining unit receives an across the unit COLA increase larger than the amounts listed above, this bargaining unit shall receive the same increase. This provision shall automatically sunset at the expiration of this agreement.

In addition to the wage increases above, the City shall provide each employee with a one-time, nonPERSable lump sum amount for COVID / Essential Worker pay in the amount of $7,500.00 per employee.

5.02 – Employee Compensation Plan
An Employee Compensation Plan shall be established to provide salary schedules, salary rates, salary ranges, and steps and time intervals for salary review. Each class in the City Classification Plan shall be assigned a salary range or a rate established by the Compensation Plan. All persons employed by the City shall be compensated in accordance with the Compensation Plan then in affect and appended hereto as Appendix “A”, “B”, and “C”.

5.03 – Computation of Salary
Salary rates for all authorized City positions are set forth in the Employee Compensation Plan. In the conversion table included in the Plan, hourly rates are based on 2,080 hours per year.

5.04 – Application of Salary Ranges and Rates
A. Appointment
All initial appointments to classes assigned a pay range in the City Compensation Plan shall be at the first step of the salary range, provided that the Chief Personnel Officer may make an appointment to a position at 2022-2025 LiUNA_MOU
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an appropriate higher salary step when in his/her opinion, it is difficult to obtain qualified personnel at the starting salary, or when the education or experience of a proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.

B. Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary level is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of at least a five percent (5%) increase in salary.

When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow his/her annual salary to be a minimum of five percent (5%) above the salary of those he/she supervises.

C. Transfer
A transfer does not affect an employee’s salary level.

D. Advancement Within Salary Range
An employee shall be considered for salary advancement in accordance with the time intervals established in the Employee Compensation Plan and the following provisions. 1) Automatic for Successful Completion of Probationary Period: Advancement to Step “B” in a salary range shall be automatic and effective on the first day of the payroll period following satisfactory evaluation of six (6) months of service. Failure of Management to evaluate the employee within six months will automatically cause the employee to become a full-time regular employee with the City of Riverbank.
2) Merit: Advancement to Steps “C”, “D”, and “E” in a salary range shall be granted for continued improvement and efficient and effective service by the employee in the performance of his/her duties.

Such merit advancement shall be made only upon recommendations of the Department Head after an annual evaluation.

Nothing herein prohibits the granting of a merit salary advancement prior to the normal time intervals established in the Employee Compensation Plan. All merit salary advancements shall be effective on the first day of the payroll period immediately following the employee’s salary anniversary date.

Salary adjustments resulting from an employee’s promotion or demotion shall become effective on the first day of the payroll period following the employee’s promotion or demotion.

5.05 – Deductions
Deductions from employee’s pay shall be made in accordance with prevailing laws, contract and administrative rules, and procedures established by the Chief Personnel Officer.

5.06 – Overtime Policy
Overtime is defined as the time worked beyond the normal eight (8) hours in a workday, or forty (40) hours in a workweek.
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Until an employee accumulates 100 hours of compensatory time, the employee will determine whether overtime work is to be compensated for by “compensatory time” or “paid overtime”.

Non-Standard Work Periods
Overtime for employees assigned to non-standard work periods and working hours as provided in §3.02 herein, shall be defined as follows:

Overtime shall be any time worked over 40 hours in a given workweek and any time worked in excess of eight (8) hours in a given day when 40 hours have been paid during the workweek.

A. Overtime Compensation
Overtime may be compensated for either by compensatory time off at one and one-half (1½) times the hours worked, or by payment at one and one-half (1½) times the employee’s basic hourly salary rate. Compensatory time off shall be granted only upon approval by the employee’s Department Head.

All employees may accrue compensatory time off to a maximum of one hundred (100) hours.

B. Overtime – Compensation Exception: Cheese & Wine Festival Public Works Personnel shall not be required to work overtime as a result of the Cheese and Wine Festival.

Any Public Works employee who agrees to work overtime for the Cheese and Wine Festival will be paid at the rate of one and a half (1½) time the regular compensation except Sunday call outs which will be reimbursed at (2) times the regular compensation. Any person called out will be paid a minimum of four (4) hours compensation.

5.08 – Compensatory Time
A. Compensatory Time Cash-Out
Compensatory time may be “cashed-out” once a year. Employees may cash-out a minimum of ten (10) hours up to a maximum of forty (40) hours. Employees separating themselves from the City service shall be allowed to use compensatory time earned prior to the effective separating date.

Compensatory time earned by an employee who is required to work in excess of the normal workweek, shall be recorded by the immediate supervisor of the employee on the time card.

B. Compensatory Time Off
Use of compensatory time earned must be scheduled at least twenty-four (24) hours in advance and requires the concurrence of the Department Head for the requested time off.

Employees shall not be required to give reason for requesting compensatory time off. Exceptions to this procedure will be made only upon written authorization by the Chief Personnel Officer.

5.09 – Callback Compensation
Employees who are called to work overtime from their day off or other off-duty hours, except for disciplinary purposes, shall be compensated for a minimum of two (2) hours work at time and one-half (1½), or as provided in §5.10.
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Overtime shall commence at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is released or the work is completed, whichever is the earlier.

5.10 – Standby Pay
Employees assigned to standby shall be available and ready to work when needed for a seven (7) consecutive day period to handle situations occurring outside of standard working hours. Said employee should respond to the specified work site within a half hour.

Employees on standby shall be compensated as follows: two hours per day, Monday through Saturday at the rate of one and one-half the employee’s regular rate of pay; two (2) hour double time at the employee’s regular rate of pay for Sundays and City recognized holidays.

Employees who are on standby and called back to work for any reason shall be compensated as stated in §11.07 in addition to his/her standby pay. Employees on standby will be provided a City vehicle to take home in order to facilitate response to emergency service request.

5.11 – Callback Rest Period
Employees who are called back to work after leaving their place of employment or on a regular schedule day off, and finish performing City work within five (5) hours of the start of their normal shift, shall be entitled to receive a five (5) hour rest period. At the discretion of the Department Head, employees may have their schedule changed to allow the employee to work additional hours that week to make up for the loss of regular (straight time) hours. However these additional hours shall not trigger an employee’s right to overtime pay for hours worked over their regular (9-hour) or (8-hour) work shift. For purposed of this section employees shall be eligible for overtime pay for any hours work in excess of forty (40) hours worked in a work week.

5.12 – Attendance of Training Courses
City employees should feel free to attend training courses available during days off if they so desire. However, compensation for attendance at training courses held during days off (weekends), vacations, or holidays, will be authorized only where employees have been directed by their Department Head to attend such.

5.13 – Longevity Pay
Longevity Pay is to recognize long term employees of the City and designed to provide eligible employees, compensation in addition to their regular base pay. Regular full-time employees eligible for longevity pay shall be paid as follows:

Year of Service Longevity Pay Rate
10 but less than 13 two and one-half percent (2.5%)
13 but less than 20 additional two and one-half percent (2.5% (total of 5%)) 20 but less than 24 additional two and one-half (2.5% (total of 7.5%)) 25 + additional 2.5% (total of 10.0%)
The total longevity pay increase any employee can receive during their term of employment is ten percent (10%)
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5.14 – Certification Pay
The City encourages the professional development of employees and encourages employees to obtain certifications relevant but not required by the employee’s current position. Subject to prior written approval from the employee’s Department Head, the City shall provide an additional two and one-half percent (2.5%) incentive pay for only one (1) of the following certifications:

A. Crane Certification
B. Parks Equipment Certification
C. Water Certification
D. Wastewater Certification

5.15 – Bilingual Pay
For positions designated by the City as bilingual, employees shall receive a three percent (3%) pay differential.

The City retains the ability to unilaterally designate or remove bilingual pay. The City’s decision to designate or not designate is not appealable or subject to the grievance process. In order for employees to receive bilingual pay they must be certified as bilingual in both written and oral communication.

SECTION 6.00 – PROBATIONARY PERIOD

6.01 – Probationary Period
All original and promotional appointments to regular municipal service positions shall be tentative and subject to a probationary period of not less than six (6) months. The probationary period may be extended with the approval of the Chief Personnel Officer for a period not to exceed an additional six months, upon the recommendation of the Department Head that unusual conditions justify such extension.

6.02 – Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employees whose performance does not meet the acceptable standards of the work.

6.03 – Rejection of Probationer
The Chief Personnel Officer or any department head may suspend, demote, or terminate a probationer under his/her control from their position at any time without cause and without the right of appeal or to submit a grievance.

6.04 – Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he/she was promoted or a comparable position, unless charges are filed and he/she is discharged in the manner provided in Section 10.00 herein.

Employees who elect a voluntary demotion after the six (6) month probationary period for a promotional appointment may be reinstated to the position from which he/she was promoted or to a comparable position. 2022-2025 LiUNA_MOU
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SECTION 7.00 – BENEFITS

7.01 – Health Benefits
During the term if this MOU the City shall continue to provide group health benefits to employees covered by this MOU and their eligible dependents as provided below. As used in this sections group health benefits shall include medical, dental and vision insurance. During the term of this agreement, the City has the right to change group health benefits providers and the parties shall meet regarding any such change.

A. Medical
The City offers two medical insurance plans, one through Kaiser Permanente and the other through Sutter Health to eligible employees and their eligible dependents. The employees and eligible dependents will be enrolled in the plan chosen by the employee.

Employee Contributions
Employees covered by this MOU shall be responsible for fifteen (15%) percent of the monthly premiums.

General Information
Employees enrolled in either plan shall be responsible for 100% of the respective annual out-of-pocket and co-pay costs.

Family coverage consists of the employee plus one or more dependents and single coverage consists of the employee only.

The effective date of coverage for new employees shall be the first of the month following a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

Medical Insurance Allowance
Any employee covered by this MOU who has medical insurance coverage through their spouse, or who has medical insurance coverage as an eligible dependent of a person employed elsewhere, may request that their medical plan coverage as an employee of the City be terminated. Those employees who waive the medical insurance coverage shall be eligible to receive taxable cash in the amount of $250.00 per month. To participate in this program, the employee shall sign a waiver, provided by the City, and provide proof of other medical insurance coverage which shall be provided to the Human Resources Department. Once coverage is waived the employee can only reenroll in the City medical insurance plan during open enrollment or as allowed by law. (Eff_07/01/07)
B. Dental
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

The City contracts with Stanislaus Foundation for Medical and Dental Care (SFMDC) to provide dental insurance to employee and their eligible dependents. Dental benefits shall be provided as outlined on the SFMDC Benefits Outline sheet.
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The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

C. Vision
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

Employees and eligible dependents shall be provided vision insurance subject to the terms and conditions of the City’s contract with Vision Service Plan (VSP). Vision benefits shall be provided as stated in the “Enhanced Plan B” of VSP.

The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.02 – Health Benefits CAP
Employees hired prior to July 1, 2005 and who have remained enrolled in a City offered single plan for medical coverage, shall continue to receive a credit of $250 as previously negotiated.

Eligible employees may use their credit for deferred compensation, health club membership fees, PERS buyback (re-deposits), supplemental insurance benefits (AFLAC), college expenses (tuition, books), or United Way donations. At no time may an employee receive cash payment in lieu the credit.

7.03 – PERS Retirement
The City contracts with the California Public Employee’s Retirement System (PERS) to provide retirement benefits to eligible employees. Retirement benefits and/or options shall include the following:
● 2% @ 55 retirement formula
● 2% @ 60 retirement formula (employees hired on or after 04/09/11) ● 2% @ 62 retirement formula (employees hired on or after 01/01/13) ● Sick Leave Credit
● Military Service Credit
● Retired Death Benefit
● Final compensation three (3) years
● COLA 2%
● Death Benefit Continues - Remarriage
● Prior Service Credit
During the term of this agreement employees covered by this MOU shall pay the total PERS member contribution rate of seven percent (7%) of the employee’s salary subject to retirement contributions.

Retirement from the municipal service shall be subject to the terms and conditions of the City’s contract with the Public Employee’s Retirement System.

PERS Advisory Retirement Committee
During the term of this agreement, the City will create a PERS Advisory Committee to discuss and potentially address the City’s ongoing retirement liability. The Union will be provided a seat on the Committee. 2022-2025 LiUNA_MOU
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7.04 – Life Insurance
Subject to the terms and conditions of the City’s contract with the provider the City shall provide term life insurance coverage for the eligible employees in a total policy amount of fifty thousand dollars ($50,000.00).

This policy also provides accidental death and dismemberment benefit for the employee in an amount not to exceed fifty thousand dollars ($50,000.00). The City shall pay all premiums for such policy during the term of the agreement.

The effective date of coverage shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.05 – Employee Assistance Program
The City shall provide an Employee Assistance Program (EAP) to all eligible employees and their dependents.

The employee and/or dependents are entitled to eight (8) sessions per fiscal year (July – June) for counseling and assistance as stated in the EAP plan.

7.06 – Deferred Compensation
The City contracts with ICMA Retirement Corporation to offer a deferred compensation plan. Subject to the terms and conditions of ICMA on a voluntary basis eligible employees may defer a portion of their salary into his/her account until the employee’s retirement, permanent disability, death, or as allowed by ICMA. The City agrees to match the employee’s contribution in an amount not to exceed $75.00 per pay-period, provided that the employee is contributing at least $75.00 per pay-period.

7.07 – LIUNA National (Industrial) Pension Fund
During the term of this agreement the City shall make contributions to the LIUNA National (Industrial) Pension Fund (Pension Fund) on behalf of the employees covered by this MOU. Contributions to the Pension Fund shall be as follows:
• Effective July 1, 2018 the contribution rate shall be $2.05 per hour. • Effective July 1, 2019 the contribution rate shall be $2.26 per hour. • The contribution rate may be subject to change based on the determination of the National Industrial Pension Fund.
• Contributions shall be paid monthly to the Pension Fund, to an address specified by MEA. • The monthly contributions are based on the hours an employee is on paid status up to 40 hours per week. The amount shall be prorated for employees working less than forty (40) hours per week. • The City shall not make contributions for hours in excess of forty hours per week.

This MOU provision shall not be construed to create a vested right that can be asserted against the City and shall not be construed to guarantee any future funding for the LIUNA pension fund beyond the term of this MOU. Future funding shall be subject to negotiations.

Unless specifically amended by the terms of this Understanding, all other terms and conditions of employment remain as previously established. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Union nor the City shall be obligated to reopen or renegotiate any of the provisions of this agreement.
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SECTION 8.00 – REIMBURSEMENTS

8.01 – Tuition Reimbursement
The City shall reimburse regular full-time employees expenses incurred for tuition, textbooks, admission fees not to exceed $1,500 per fiscal year and other required course materials provided the following conditions are met:
a. The course selected must be directly related to work the employee performs or fulfilling general education requirements;
b. Prior to enrolling, the course must be approved in advanced by the employee’s Department Head and Chief Personnel Officer;
c. The course must be offered at an accredited college or university; d. The employee must receive a passing grade of or equivalent to “C” or better, at the completion of the course;
e. The class and study time shall be outside the employee’s working hours.

Upon completion of a course, the employee shall submit a Tuition Reimbursement form along with paid receipt for tuition, books and materials and proof of passing grade to the Personnel Office. After verification of satisfactory completion of the course, the Personnel Office shall forward the approved tuition reimbursement form to the Finance Department for payment.

Tuition reimbursements shall be amortized over three (3) years. If an employee resigns or is terminated within three (3) years of any tuition reimbursement, the employee will required to pay the City a proportional percentage of the reimbursed amounts. (Eff. 07/01/07)

8.02 – Mileage Reimbursement
City employees may receive compensation for use of their personal vehicle in business. Approval must be obtained by the Department Head if employee decides to use personal vehicle. If a personal vehicle is used for City business, the employee must show proof of insurance to his/her immediate Supervisor and must have the minimum liability insurance requirements for private passenger as defined by the California Insurance Code § 11580.1b.

The rate of mileage reimbursement to employees using their private vehicles for City business shall be five (5) cents less than the rate presently in effect by the Internal Revenue Service.

8.03 – Safety Boots and Winter Jacket Reimbursement
Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, and boot protectant and/or winter jacket, the jacket must be bright orange or green and have the City of Riverbank logo. Such reimbursement shall not exceed $250.00 per fiscal year. Office employees are not eligible for this benefit.

8.04 – Personal Property Reimbursement
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon the recommendation of the individual’s immediate supervisor. Prior condition of the damaged item should be considered in determining the amount of reimbursement.

Damage to personal effects not required by the City, would be allowed under the same conditions as above.

No costs should be incurred by the City when it has demonstrated that loss or damage was due to personal negligence.
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No costs should be incurred by the City in an unreasonable amount: if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse the employee in this amount, inasmuch as he/she did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.

Definition of personal effects: Those items worn or carried by the employee in the line of duty.

SECTION 9.00 – LEAVES OF ABSENCE

9.01 – Attendance
In every case in which a regular employee is not present for duty, his/her absence shall be reported by the Department Head to the Personnel Office on the Request for Leave form. Since part-time employees are not entitled to leave, only actual time worked will be reported. Request for Leave shall be forwarded to the Personnel Office.

9.02 – Sick Leave
A. Statement of Policy
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the Department Head. Sick leave shall be allowed and used only in case of necessity and actual personal sickness or disability, medical or dental treatment, or in case of an emergency illness in the immediate family. Immediate family shall mean the spouse, parent, child, brother, sister, or a close relative residing in the household of the employee.

B. Eligibility
Regular and probationary employees shall be eligible to accrue sick leave. Such employees shall be entitled to sick leave, as authorized in this Section, upon the completion of one (1) month of employment with the City.

In order to receive compensation while absent on sick leave, the employee shall notify his/her department at the beginning of the workday he/she is absent. The employee may be required at any time, by his/her Department Head, to file a physician’s certificate, at City’s expense, stating they can resume work. However, when an employee is absent due to illness or injury for more than three (3) consecutive working days, a physician’s certificate may be required.

Sick leave will not be granted for an illness occurring during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized.

C. Accrual
Sick leave shall be accrued at the rate of eight (8) hours per month for all City employees and there shall be no limit to the amount of sick leave that may be accrued.

D. Deductions
Unless otherwise provided, sick leave will be deducted as follows:
1) All City employees shall be charged sick leave at the rate of eight (8) hours of sick leave for each full day absent. Unless exceptions are approved by the City Manager, absence less than a full day will be charged sick leave at the rate of one (1) hour sick leave for each hour absent. 2022-2025 LiUNA_MOU
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2) Any employee scheduled to work on a holiday who reports off sick will be charged sick leave at the appropriate rate authorized above, and the holiday will be accrued. 3) Sick leave may be used as needed and approved to the point of depletion, at which time the employee will no longer receive pay for sick leave.

E. Depletion of Sick Leave Benefits
Upon depletion of accumulated sick leave for an injury or illness, and upon the recommendation of the employee’s Department Head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to approval of the Chief Personnel Officer. If further leave is granted, the employee must notify the City of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee’s service with the City shall be considered terminated.

F. Forfeiture Upon Termination
Accumulated sick leave shall be forfeited by all employees upon leaving the municipal service, voluntarily or involuntarily, and whether by reason of retirement for disability, age, or for any reason whatsoever.

Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement.

G. Cash-Out
Employees covered by this MOU may “cash-out” twenty-five (25) hours of sick leave once each fiscal year provided they have a minimum of 200 hours of sick leave on the books. (Eff. 07/01/07)

9.03 – Vacation
A. Use of Vacation
The purpose of annual vacation leave is to enable each eligible employee to return to his/her work refreshed.

For this reason it is the intention of the City that vacation be taken, insofar as possible, in periods of one week or more.
1) When to be taken: The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, whenever an employee requests a vacation in excess of the amount of days he/she accumulates annually, shall be determined by his/her Department Head with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee.
2) Waiting period: Employees shall complete six (6) months continuous service before using accrued vacation leave.
3) Double compensation prohibited: Employees shall not work for the City during their vacation.

B. Eligibility
1) Regular employees: Regular employees shall be eligible for vacation leave in conformance with paragraph “C” below.
2) Part-time and probationary employees: Part-time and original appointment probationary employees shall not be eligible for vacation leave.
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C. Vacation Accrual
Vacation will be accrued and credited on a bi-weekly basis when an employee is in pay status for fifty (50) percent or more of the workdays in a given month. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status:

Accrual Hours Per Max.

Hrs.

Years of Service Pay-Period Year Accrual
New employee to completion of 5th year 3.0769 80 400
Start of the 6th year to completion of 10th year. 4.6154 120 400 Start of the 11th year to completion of 15th year. 6.1538 160 400 Start of 16th year and succeeding years. 7.6923 200 400 Limits of accrual: Such accrual and credit for all employees shall not exceed four hundred (400) hours.

D. Holidays Falling During Vacation
In the event a City holiday falls within an employee’s vacation period which would have excused the employee from work and for which no other compensation is made, said holiday shall not be charged as a vacation day.

E. Vacation at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination.

Payments for accrued vacation shall be at the employee’s current rate of pay.

Employees who terminate employment with the City and have less than six (6) months continuous service shall not be compensated for accrued vacation.

F. Vacation and Military Leave
An employee who interrupts his/her municipal service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

9.04 – Paid Holidays
A. Regular Holiday for Pay Purposes: The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off, except as otherwise provided in Paragraph (b) below:

Paid Holiday__________ Date_______________

1. New Year’s Day January 1st

2. Martin Luther King Day 3rd Monday in January

3. President’s Day 3rd Monday in February

4. Memorial Day Last Monday in May

5. Juneteenth June 19th (effective in 2023)

6. Independence Day July 4th

7. Labor Day 1st Monday in September

8. Veteran’s Day November 11

9. Thanksgiving Day 4th Thursday in November
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10. Day After Thanksgiving 4th Friday in November

11. Christmas Eve December 24

12. Christmas Day December 25

13. New Year’s Eve December 31

14. Floating Holidays - Three (3) Employee’s Choice
When a holiday falls on a Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day named. When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

B. Compensation for Work on Paid Holidays
Regular and probationary employees assigned to work on holidays shall receive compensatory time off or pay in lieu of compensatory time off, at twice the regular rate of pay.

9.05 – Bereavement Leave
Up to five (5) days leave may be granted to a regular employee by the head of his/her department in the event of death in the employee’s family. For the purposes of this section only, the employee’s family shall mean the spouse, parents, children, brother, sister, grandmother, grandfather, grandchildren, brother and sister-inlaw (current), and mother and father-in-law (current), legal guardian, or a close relative residing in the household of the employee. Requests for leave in excess of three (3) days for this purpose shall be subject to approval of the Chief Personnel Officer.

Leave without pay may be granted to a regular employee in the event of death to family members other than one of the immediate family; such leave to be granted in accordance with §8.12.

9.06 – Workers’ Compensation Leave
Any employee who is absent from work by reason of an injury or illness covered by Workers’ Compensation shall continue in pay status under the following provisions:

A. The difference between the amount granted pursuant to such Workers’ Compensation and the employee’s regular rate of pay shall be deducted first from the employee’s accumulated sick leave, and then from compensatory time, and when authorized by the employee, vacation days.

B. Such an employee will continue in pay status and receive his/her regular rate of pay until his/her accumulated sick leave, compensatory time, and vacation days have been depleted to the nearest one-half (½) day.

C. During the time the employee is in pay status while absent from work by reason of injury or illness covered by Workers’ Compensation, he/she shall continue to accrue sick leave and vacation benefits as though he/she was not on leave of absence.

D. Any employee who depletes his/her accumulated sick leave, compensatory time, holidays, and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by Workers’ Compensation shall be removed from pay status.

Employees who have been injured in the course and scope of their employment with the City and who are required as a result of such injury to be absent from duty to take physical examinations required by the City’s Workers’ Compensation insurer or the Industrial accident Commission, or to attend hearings of the Industrial Accident Commission shall be granted leave with pay for such absences by the City Manager when he/she determines such absences are in the best interest of the City and only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in 2022-2025 LiUNA_MOU
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advance of City of Riverbank Request for Leave form.

9.07 – Military Leave
State and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such absences.

9.08 – Family Leave Acts
The City shall comply with the requirements of the California Family Rights Act (CFRA) of 1991 and the Family Medical Leave Act (FMLA) of 1993, as they are in effect or may be amended during the term of this agreement.

In accordance with CFRA and FMLA employees who have worked for at least one (1) year and for 1,240 hours during the twelve (12) month period immediately preceding the commencement of leave is entitled for up to twelve weeks (480 hours) of job protected leave.

Leave may only be taken for the following reasons:
● The employee’s own serious health condition;
● To care for a child, parent or a spouse who has a serious health condition; or ● To care for the employee’s newborn child, or placement of adoption or foster care.

Employees requesting leave must give at least 30 days notice for foreseeable events. In unforeseeable situations the employee must notify the City as soon as practicable.

9.09 – Pregnancy Disability Leave
Pregnancy Disability Leave without pay shall be granted to employees in accordance with applicable state and federal laws.

If you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave. Current law provides up to 4 months of unpaid leave. Employees may also be eligible for an additional 12 weeks of leave under the California Family Rights Act (CFRA). An employee may be required to use any available sick leave during her pregnancy disability leave. At the employee’s option, any accrued vacation or other accrued paid leaves may be used during such leave. a) An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave.

9.10 – Employee’s Time Off to Vote
Time off with pay to vote at any general, direct primary, or presidential primary election shall be granted as provided in the State of California Election Code, and notice that any employee desires such time off shall be given in accordance with the provisions of said Code.

9.11 – Jury Duty and Subpoenas Leave
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the Court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) day from the termination of his/her jury service.

Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies shall be granted leaves of absence with pay from their assigned duties until released. The 2022-2025 LiUNA_MOU
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employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

9.12 – Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave is not a right, but a privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the Chief Personnel Officer. No vacation or sick leave benefits shall be used for illness occurring during such leave.

Leave of absence without pay may be granted by the Chief Personnel Officer depending on the merit of the individual case.

9.13 – Absence Without Leave
Absence without leave shall be considered to be without pay and reductions in the employee’s pay shall be made accordingly. Absence without leave for more than three (3) consecutive workdays may result in termination of employment. Such termination shall not be subject to appeal.

SECTION 10.00 – PERSONNEL PRACTICES

10.01 – Performance Appraisals
A. Regular Employee
A performance appraisal of each regular employee shall be made annually on the anniversary date of their completion of the probationary period.

B. Probationary Employee
A performance appraisal of each probationary employee shall be made by the Department Head on “City of Riverbank Employee Performance Appraisal” forms according to the directions thereon and forwarded to the Personnel Office. The Employee Performance Appraisal form shall be filed by the Department Head upon the completion of the employees’ third, and sixth month of service with the City.

In those cases where the probationary period extends to twelve (12) months or longer, the Employee Performance Evaluation form shall be required from the Department Head at the conclusion of each six-month interval.

C. Appeal
Within five (5) days after receiving the performance appraisal, the employee may request in writing, a review of the appraisal with the Chief Personnel Officer. Within five days after said review, the Chief Personnel Officer shall either accept the original performance appraisal, a modified appraisal, or cause a new appraisal to be prepared which shall be entered into the personnel file as the official performance appraisal. The official appraisal shall bear the Chief Personnel Officer’s signature. The decision of the Chief Personnel Officer shall be final.

10.02 – Transfers
Any employee may be transferred from one department or division to another. 2022-2025 LiUNA_MOU
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10.03 – Promotions
Because it is the policy of the City of Riverbank to encourage the advancement of personnel within the organization, promotional examinations for vacancies will be conducted as the needs of the City require.

Promotional opportunities (available to City employees) will be posted on bulletin boards selected by the Personnel Office at least five (5) working days before the selection is made.

A. Flexible Staffing
Employees assigned to a flexible staffed position may be promoted in accordance with “Appendix E” of this MOU.

10.04 – Demotions
The Chief Personnel Officer or Department Head may demote an employee whose ability to perform his/her required duties falls below acceptable standards, for disciplinary reasons set forth in §10.02, when the need for the position which an employee fills no longer exists, or when an employee requests such demotion. No employee shall be demoted to a classification for which he/she does not possess minimum qualifications.

When the action is initiated by the Department Head, written notice of demotion shall be given an employee at least five (5) days before the effective date of the demotion. An employee may appeal such action in the manner provided in §10.04, et seq.

10.05 – Reinstatement
The Chief Personnel Officer may reinstate any suspended employee for good cause and may, upon such reinstatement, compensate, in whole or in part, such employee for the time lost.

10.06 – Terminations
A. Resignation
An employee wishing to leave the service of the City in good standing, either by resignation or retirement, shall give the Department Head concerned at least two (2) weeks notice when practical.

B. Lack of Work or Funds
An employee may be terminated by the Personnel Officer because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least two (2) weeks prior to the effective date of termination. Such termination shall not be subject to appeal.

In any such reduction in personnel caused by lack of work or funds, seniority shall be observed, except in supervisory or management positions. The order of termination shall be in the reverse order of total cumulative time the employee has served in municipal service. Supervisory or management employees shall be eligible for lower rated positions based upon their seniority but non-supervisory or non-management personnel may not take supervisory or management positions solely based upon seniority.

For the purpose of determining termination, total cumulative time shall include the employee’s time served in probation and regular status, and time serve on military leave of absence.

C. Non-Disciplinary Action
Part-time and probationary employees may be terminated by the Chief Personnel Officer at any time, with or without notice, for cause or for the convenience of the City. Regular employees terminated by the Chief 2022-2025 LiUNA_MOU
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Personnel Officer for cause or for the convenience of the City shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in §1004 et se. Such cause may be other than cause for disciplinary action set forth in §1002, et seq. and may include, but not be limited to, inefficiency and incompetency.

10.07 – Reappointments
Reappointments after termination will be considered new employment. However, reappointments made within six (6) months from the termination date may be made with reinstatement of prior seniority, sick leave, and pay rate.

SECTION 11.00 – DISCIPLINARY PROCEEDINGS

11.01 – Disciplinary Action; Definition
As used in this Section, “Disciplinary Action” shall mean discharge, demotion, reduction in salary, disciplinary probation, or suspension.

11.02 – Cause For Disciplinary Action
Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
a) Fraud in securing appointment.
b) Inexcusable neglect of duty.
c) Insubordination.
d) Dishonesty.
e) Drunkenness on duty.
f) Inefficiency.
g) Addiction to the use of controlled substances.
h) Inexcusable absence without leave.
i) Conviction of a felony, or conviction of a misdemeanor, involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offence involving moral turpitude is deemed to be a conviction within the meaning of this Section. j) Immorality.
k) Discourteous treatment of the public or other employees. l) Improper political activity as defined by State Law. m) Repeated violation of safety procedures.
n) Misuse of City property.
o) Violation of any of the provisions of these working Rules and Regulations or departmental rules and regulations.
p) Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
q) Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with his/her employment.
r) Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, mental disability, physical disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a District employee. s) Unlawful retaliation against any other District Officer or employee or member of the public who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Attorney General, or any other appropriate authority, any facts or information related to actual or suspected violation of any law of this State or the United States occurring on the job or directly related thereto. 2022-2025 LiUNA_MOU
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11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents The Chief Personnel Officer or any Department Head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this Section by written notice to the employee of the proposed disciplinary action and the cause for which the proposed disciplinary action is to be taken, which shall allow the employee a period of five (5) days to respond to the person proposing the disciplinary action. The notice may be served upon the employee, either personally or by certified mail, and shall include:
a) A statement of the nature of the disciplinary action. b) The effective date of the penalty.
c) A statement of the causes therefore.
d) A statement in ordinary and concise language of the act or omissions upon which the causes are based.
e) A statement notifying the employee that he/she has five (5) days in which to respond orally or in writing regarding the proposed disciplinary action.

If the employee responds, either orally or in writing, to the notice of proposed disciplinary action, the Chief Personnel Officer or Department Head, as the case may be, shall thereafter amend or withdraw the proposed disciplinary action or proceed with its implementation.

11.04 – Right Of Appeal: Form
Any regular employee shall have the right of appeal to the Chief Personnel Officer from any disciplinary action taken by his/her Department Head under §10.03. Such appeal shall be in writing and must be filed with the Chief Personnel Officer within ten (10) working days after receipt of written notice of such disciplinary action.

Failure to file an appeal within such period constitutes a waiver of right to appeal.

The Chief Personnel Officer shall conduct a hearing as provided in this Section. Neither the provisions of this section or this Section shall apply to reductions in force or reductions in pay, which are part of a general plan to reduce or adjust salaries and wages.

In the event the Chief Personnel Officer institutes the disciplinary action, he/she shall be disqualified. Should the Chief Personnel Officer be disqualified, or should he/she disqualify himself/herself as hearing officer, the City Council shall appoint a hearing officer who shall have the same power, authority, and responsibility as the Chief Personnel Officer would have as a hearing officer.

11.05 – Hearing
The Chief Personnel Officer shall conduct a hearing on an appeal filed in accordance with §10.04 within thirty (30) days after receipt thereof. The Chief Personnel Officer may continue the hearing either for the convenience of the City or upon written application of the appellant, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing shall be conducted in accordance with the provisions of §11513 of the Government Code of the State of California, except that the appellant and other persons may be examined as provided in §19580 of said Government Code, and the parties may submit all proper and competent evidence against, or in support of the causes.

11.06 – Representation
Any City employee other than those appointed to supervisory, management, and confidential classifications as provided in §1208 of the Personnel Rules and Regulation, shall be permitted to represent another City employee or group of City employees at the hearing of the appeal. The appellant may appear in person or be represented by counsel.
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11.07 – Notices To Witnesses: Cost
The Chief Personnel Officer shall issue notice for the appearances of witnesses for the appellant upon his/her written request and at his/her cost. The Chief Personnel Officer may require such cost to be prepaid.

11.08 – Failure Of Employee To Appear At Hearing
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the Chief Personnel Officer or Department Head shall be final.

11.09 – Decisions
The Chief Personnel Officer shall render a written decision within thirty (30) days after concluding the hearing.

The Chief Personnel Officer’s decision shall be final and conclusive, except when an employee is suspended for more than three (3) days or discharged. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Chief Personnel Officer, the employee may be compensated, in whole or in part, for the time lost as determined by the Chief Personnel Officer.

In cases involving suspending an employee for more than three (3) days or discharging an employee, a copy of such decision shall be forwarded to the employee and the association on behalf of the employee may, within ten (10) working days after receipt of written notice of the Chief Personnel Officer’s decision, give notice to the Chief Personnel Officer that the association representing the grieved employee may submit the matter to binding arbitration. The arbitration board shall consist of one retired superior court judge and the cost of arbitration shall be borne equally between the City and the employee. The arbitration hearing shall be held within thirty (30) days from the date of the request by employee to submit to arbitration. The parties may agree to continue the date of the arbitration hearing by mutual agreement.

11.10 – Effect of Certain Disciplinary Actions
A. Oral reprimand. Employee receiving an oral reprimand may have it noted in their departmental record by the Department Head.

B. Written reprimand. Employees receiving a written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each employee’s permanent record is his/her personnel jacket kept in the Chief Personnel Officer’s Office.

C. Disciplinary Probation. Employees placed on disciplinary probation shall not accrue earned time for salary review while on such probation.

D. Suspension. Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on such suspension with the exception of group health and life insurance benefits.

E. Discharge. Employees terminated pursuant to §9.06 C of this MOU shall be paid salary accumulated to the effective date of termination only, and shall be paid for accumulated vacation, accumulated compensatory time, and paid days in lieu of holidays.

SECTION 12.00 – GRIEVANCE PROCEDURES

12.01 – Purpose
Grievance procedures for employees are provided herein:
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A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

B. To afford employees individually and though qualified employee organizations a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin.

D. To provide that grievances shall be heard and settled as informally as possible.

12.02 – Matters Subject to Grievance Procedure
Any City employee shall have the right to present a grievance regarding wages, salaries, hours and working conditions for which appeal is not provided or is not prohibited under the provisions of Section 11.00.

12.03 – Informal Grievance Procedure
An employee should first attempt to resolve a grievance or complaint through discussion with his/her immediate supervisor without undue delay. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor’s immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. An informal grievance shall not be taken above the Department Head.

12.04 – Formal Grievance Procedure
Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows:

A. Department review. The grievance shall be presented in writing to the employee’s Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Heads shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance in writing to the Chief Personnel Officer. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

B. Chief Personnel Officer Review. Upon receiving the grievance, the Chief Personnel Officer shall discuss the grievance with the employee, his/her representative, if any, and with all other appropriate persons. The Chief Personnel Officer shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance. The decision of the Chief Personnel Officer shall be final, however, in cases where disciplinary action results in termination of the employee. This action is subject to ratification by the City Council as provided in §31.03(H)(3) of the Riverbank City Code.

12.05 – Conduct Of Grievance Procedure
A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

B. The employee may request the assistance of another person of his/her choosing in preparing and presenting his/her grievance at any level of review.

C. Employees shall be free from reprisal for using the grievance procedure.

D. Any reasonable award resulting from the application of this provision shall be binding and final on the parties unless arbitrary and capricious.
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SECTION 13.00 – EMPLOYER – EMPLOYEE RELATIONS

13.01 – Purpose
It is the purpose of the City of Riverbank to promote full communications with its employees by providing a reasonable method of resolving disputes between it and employee organizations regarding wages, hours, and other terms and conditions of employment.

It is also the purpose of the City of Riverbank to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by such organizations in their employment relationships with the City of Riverbank.

Nothing contained in this Section shall be deemed to supersede the provisions of existing State Law and the Ordinances and Rules and Regulations of the City of Riverbank which establish and regulate a merit personnel system or which provide for other methods of administering employer-employee relationships.

This Section is intended, instead, to strengthen merit and other methods of administering employer-employee relationships through the establishment of uniform and order methods of communication between employees and the City of Riverbank.

13.02 – Definitions
City Council shall mean the City Council of the City of Riverbank.

Chief Personnel Officer shall mean the City Manager of the City of Riverbank.

Bargaining Representative shall mean the Chief Personnel Officer and his/her representatives and/or the duly authorized representatives of an employee organization that has been granted formal recognition by the City Council as representing the employees of a representation unit.

Consult or Consultation in Good Faith shall mean to communicate verbally or in writing for the purpose of presenting and obtaining view or advising of intended actions.

Employee Organization shall mean any organization which includes employees of the City of Riverbank and which has one of its primary purposes representing such employees in their employment relations with the City of Riverbank.

Mediation shall mean any effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the City of Riverbank and the recognized employee organization or recognized employee organizations, through interpretation, suggestion, and advice.

Meet and Confer in Good Faith shall mean that the City of Riverbank by and through its Chief Personnel Officer and his/her representatives, and representatives or recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Miscellaneous Employees shall mean all regular City employees who are referred to as “miscellaneous members” by the California Public Employees’ Retirement System (§20018 of the Government Code).

Recognized Employee Organization shall mean an employee organization which has been acknowledged by the City Council as an employee organization that represents employees of the City of Riverbank. The rights accompanying recognition are either:
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1) Formal Recognition which is the right to meet and confer in good faith as the conference representative in a representational unit; or
2) Informal Recognition which is the right to consultation in good faith by all recognized employee organizations.

Representational Unit shall mean a unit as established by §12.03(B) of this Section.

13.03 – Designation and Recognition of Bargaining Representative A. The Chief Personnel Officer and his/her representative shall be the Bargaining Representatives for the City of Riverbank for the purpose of meeting and conferring in good faith pursuant to Government Code §3500 - §3511 inclusive.

B. There shall be not more than two (2) representational units of employees for purposes of extending formal recognition to, and meeting and conferring in good faith with, the conference representative of the City of Riverbank. If the City employees request more than one (1) representational unit, said additional unit(s) shall be established as follows:
1) Management and Supervisory employees and
2) Miscellaneous employees
C. Every regular authorized position identified in the Employee Compensation unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State Law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

D. Each employee representational unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

Elections shall be decided on the basis of a majority vote of the employees in the representational unit voting at such election.

E. Each employee representational unit shall be represented by no more than one recognized employee organization, although this shall not preclude and employee who is not a member of a recognized employee organization from representing himself/herself.

A recognized employee organization shall remain representative of a particular unit for a minimum of one full calendar year and no other organization shall represent employees of the representation unit during that time with regard to matters within the scope of representation as set forth herein. 2022-2025 LiUNA_MOU
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F. In cases where there is no recognized employee organization for an employee representational unit, an organization elected by representational unit, shall become the formally recognized employee organization and bargaining representative on the day such organization is formally recognized by the City Council.

In cases where an incumbent formally recognized employee organization is decertified by another employee organization, the newly elected organization shall be recognized by the City Council immediately upon the certification of the election results.

13.04 – Bargaining Procedure
A. Within the first sixty (60) days of each calendar year, each formally recognized employee organization and the Chief Personnel Officer, or his/her representative, shall mutually exchange written proposals on salaries, fringe benefits, and other terms and conditions of employment to affect each representational unit during the coming year. Following such exchange, representatives of each formally recognized employee organization shall meet at mutually agreeable times and places, with the Chief Personnel Officer or his/her representative(s) for the purpose of conferring in good faith regarding wages, hours, and other terms and conditions of employment. The parties, in conferring, shall consider, but are not limited to consideration of prevailing rates and standards in private business and other public employment, cost of living, internal salary relationships in the City of Riverbank, and the financial condition of the City of Riverbank.

B. If agreement is reached by the Chief Personnel Officer and his/her representatives and the formally recognized employee organization representative, they shall jointly prepare a written Memorandum of Understanding, which shall not be binding; sign it, and present it to the City Council for its determination.

The City Council may approve or reject the Memorandum of Understanding and enact such Ordinances or Resolutions necessary to implement said Memorandum of Understanding.

C. If, after a reasonable period of time, representatives of the City of Riverbank and the formally recognized employee organization fail to reach agreement, the City of Riverbank and the formally recognized employee organization together may agree upon the appointment of a mediator mutually agreeable to the parties. Cost of mediation shall be divided one-half to the City of Riverbank and one-half to the formally recognized employee organization.

D. All Memorandum of Understanding regarding cost items shall be submitted to the City Council by May 1st of each year for consideration at the annual budget hearings, or as requested by the City Council at other times.

E. The City Council shall cause written notice to be provided to each recognized employee organization concerning matters described in Government Code §3504.5.

13.05 – Scope of Representation
Conference representatives may meet and confer in good faith and execute a written Memorandum of Understanding on any matter of employer-employee relations, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or Executive Order.

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations A. Each employee organization which seeks recognition from the City Council shall file a petition with the City Council containing the following information and documentation:
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1. Name and address of the employee organization.

2. Names and titles of its officers.

3. Names of employee organization representatives who are authorized to speak on behalf of its members.

4. A statement that the employee organization has one of its primary purposes, representing employees in their employment relations with the City.

5. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with a regional or state or national or international organization.

6. Certified copies of the employee organization’s Constitution and Bylaws.

7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. In addition, any employee organization seeking informal recognition shall file with the City Council a statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City.

Such written proof shall be submitted for confirmation to the Chief Personnel Officer.

B. Conference representative of either party shall have the right to meet with conference representatives of the other part, upon reasonable notice, to discuss any problem regarding employer-employee relations arising within the representational unit, or any problems arising under a written Memorandum of Understanding between the parties.

C. The City of Riverbank shall allow a reasonable number of employee representatives of a formally recognized employee organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with the Chief Personnel Officer or his/her representatives regarding matters within the scope of representation, or for the purpose of consultation in good faith.

D. The City of Riverbank shall provide reasonable space on bulletin boards at places of work for the use of recognized employee organizations to inform employees about organizational activities and affairs.

E. Agents shall be allowed to visit places of City employment where employees it represents are at work, for the purpose of observing conditions of work, or consulting with members regarding immediate grievances or job problems. Such visits shall not be permitted to interfere with the orderly flow of work, nor cause an unsafe condition.

13.07 – No Discrimination
A. There shall be no discrimination by the City of Riverbank in employment conditions or treatment of employees on the basis of race, sex, creed, color, national origin, ancestry, or membership, nonmembership, or participation in the activities of any lawful organization.

B. There shall be no discrimination by any employee organization in treatment of its members on the basis of race, sex, creed, color, national origin, ancestry, membership, non-membership, or participation in the activities of any lawful organization.

13.08 – Classifications Restricted from Representing Recognized Employee Organizations The Chief Personnel Officer, elected officials, and department heads shall be restricted from representing a recognized non-management employee organization to avoid potential conflicts of interest.

Nothing herein prohibits employees from joining an employee organization; however, restrictions are placed upon certain employees in representing the organization. 2022-2025 LiUNA_MOU
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13.09 – Savings Clause
If, at any time, any part of this Section should be found to be unconstitutional, or contrary to applicable law as it now exists, or as it may hereafter be amended, the remainder of the Section will not be affected thereby.

SECTION 14.00 – MISCELLANEOUS PROVISIONS

14.01 – Outside Employment
Any regular employee desiring to engage in outside employment shall first obtain non-City conflict job approval from his/her Department Head. The Employee shall submit a statement to his/her Department Head on a standard City form, naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work. Approval may be denied if, in the opinion of the Department Head, such outside employment is incompatible with the proper discharge of the employee’s official duties. All such approvals shall be subject to review by the Chief Personnel Officer, and shall be resubmitted prior to January 10th each year to maintain a valid, continuous authorization.

14.02 – Uniforms
The City shall provide and maintain uniforms to regular full-time employees assigned to work in the field and facility maintenance. The City will report to CalPERS the monetary value for providing and maintaining the employee’s required uniforms. The City will report the uniform allowance on an annual basis to CalPERS in June of each year. The uniform allowance amount reported to CalPERS will derive from the City’s total fiscal year budgeted amount for providing and maintaining the employees’ uniforms, not to exceed $300 per year, per employee.

Rain Gear
Rain gear consisting of waterproof boots, pants, coat and hat, will be provided to all employees assigned to work in the field at City expense.

14.03 – Contracting Unit Work
During the term of this MOU the City agrees not to contract out work of any position, and will not terminate any existing employee as a result of subcontracting of any work that has been performed by the members of the Bargaining Unit. Vacant positions that have not been filled may be contracted out for not more than one (1) year.

SECTION 15.00 – AGREEMENT

15.01 – Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Any prior or existing Agreement between the parties whether formal or informal, regarding any such matters is hereby superseded and terminated in its entirety.

In the event that any provision of this MOU is found to be in conflict with a City rule, regulation, or resolution, the provision of this MOU shall prevail over such conflicting rule, regulation or resolution. 2022-2025 LiUNA_MOU
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15.02 – Severability of Provisions
Should any part of this MOU is for any reason held to be invalid by a court of competent jurisdiction or by reason of any existing or subsequently enacted legislation, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall remain in full force and effect for the duration of this MOU.

15.03 – Modifications, Amendments and Revisions
The terms and conditions of this MOU may be modified, amended or revised, only through the voluntary and mutual consent of both parties.

15.04 – Ratification
This Agreement shall be in full force and effect upon adoption by the City Council of the City and implementation of its terms and conditions by appropriate ordinance, resolution, or other lawful action.

Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union.
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SIGNATURES
For the Union; Northern California District
Council of Laborers’ and Construction,
Production & Maintenance Laborers’,
For the City of Riverbank Local Union #1130; AFL:CIO
Marisela H. Garcia Dave Gorgas
City Manager Business Manager
Chris Smith
Shop Steward
Michele Garcia
Shop Steward
2022
-2025 LiUNA_MOU
Revised: 2022-06 38
2022-2025 LiUNA_MOU
Revised: 2022-06 39

ENDICES
Appendix A
City of Riverbank
Employee Compensation Plan
Effective July 2022

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Account Clerk II 53

4,217.60 4,428.48 4,649.90 4,882.40 5,126.52
Accounting Technician 65

4,752.51 4,990.14 5,239.65 5,501.63 5,776.71
Administrative Analyst I 75

5,249.70 5,512.19 5,787.80 6,077.19 6,381.05
Administrative Assistant 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Administrative Clerk 30

3,354.89 3,522.63 3,698.76 3,883.70 4,077.89
Assistant Mechanic 56

4,345.42 4,562.69 4,790.82 5,030.36 5,281.88
Assistant Planner 81

5,572.67 5,851.30 6,143.87 6,451.06 6,773.61
Associate Planner 91

6,155.68 6,463.46 6,786.63 7,125.96 7,482.26
Building Inspector I 76

5,302.20 5,567.31 5,845.68 6,137.96 6,444.86
Building Inspector II 86

5,856.90 6,149.75 6,457.24 6,780.10 7,119.11
City Mechanic 70

4,994.93 5,244.68 5,506.91 5,782.26 6,071.37
Community Development Specialist I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Community Development Specialist II 53

4,217.60 4,428.48 4,649.90 4,882.40 5,126.52
Construction Inspector I 86

5,856.90 6,149.75 6,457.24 6,780.10 7,119.11
Construction Inspector II 96

6,469.65 6,793.13 7,132.79 7,489.43 7,863.90
Deputy City Clerk 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Engineer Technician I 61

4,567.05 4,795.40 5,035.17 5,286.93 5,551.28
Engineer Technician II 71

5,044.88 5,297.12 5,561.98 5,840.08 6,132.08
Facilities Maintenance Worker I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Facilities Maintenance Worker II 47

3,973.18 4,171.84 4,380.43 4,599.45 4,829.42
Housing & Economic Development Specialist I 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Housing & Economic Development Specialist II 76

5,302.20 5,567.31 5,845.68 6,137.96 6,444.86
2022-2025 LiUNA_MOU
Revised: 2022-06 40
Human Services Specialist 73 5,146.29 5,403.60 5,673.78 5,957.47 6,255.34 Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Neighborhood Improvement Officer I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Neighborhood Improvement Officer II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Park Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Park Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Project Coordinator 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Recreation Coordinator 42 3,780.37 3,969.39 4,167.86 4,376.25 4,595.06 Senior Facilities Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker/Facilities
Technician 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Senior Wastewater Treatment Plant Operator 68 4,896.52 5,141.35 5,398.42 5,668.34 5,951.76 Senior Water Utility Worker 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Transportation Coordinator 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Wastewater Treatment Plant Maintenance
Technician Trainee 46 3,933.87 4,130.56 4,337.09 4,553.94 4,781.64 Wastewater Treatment Plant Maintenance
Technician I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Wastewater Treatment Plant Maintenance
Technician II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Wastewater Treatment Plant Operator I 49 4,053.06 4,255.71 4,468.50 4,691.93 4,926.53 Wastewater Treatment Plant Operator II 59 4,477.06 4,700.91 4,935.96 5,182.76 5,441.90 Wastewater Treatment Plant Operator-InTraining 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Water Utility Worker I 45 3,894.89 4,089.63 4,294.11 4,508.82 4,734.26 Water Utility Worker II 55 4,302.39 4,517.51 4,743.39 4,980.56 5,229.59 2022-2025 LiUNA_MOU
Revised: 2022-06 41
Appendix B
City of Riverbank
Employee Compensation Plan
Effective July 2023

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Account Clerk II 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Accounting Technician 65 4,752.51 4,990.14 5,239.65 5,501.63 5,776.71 Administrative Analyst I 75 5,249.70 5,512.19 5,787.80 6,077.19 6,381.05 Administrative Assistant 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Administrative Clerk 30 3,354.89 3,522.63 3,698.76 3,883.70 4,077.89 Assistant Mechanic 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Assistant Planner 81 5,572.67 5,851.30 6,143.87 6,451.06 6,773.61 Associate Planner 91 6,155.68 6,463.46 6,786.63 7,125.96 7,482.26 Building Inspector I 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Building Inspector II 86 5,856.90 6,149.75 6,457.24 6,780.10 7,119.11 City Mechanic 70 4,994.93 5,244.68 5,506.91 5,782.26 6,071.37 Community Development Specialist I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Community Development Specialist II 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Construction Inspector I 86 5,856.90 6,149.75 6,457.24 6,780.10 7,119.11 Construction Inspector II 96 6,469.65 6,793.13 7,132.79 7,489.43 7,863.90 Deputy City Clerk 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Engineer Technician I 61 4,567.05 4,795.40 5,035.17 5,286.93 5,551.28 Engineer Technician II 71 5,044.88 5,297.12 5,561.98 5,840.08 6,132.08 Facilities Maintenance Worker I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Facilities Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Housing & Economic Development Specialist I 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Housing & Economic Development Specialist II 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Human Services Specialist 73 5,146.29 5,403.60 5,673.78 5,957.47 6,255.34 2022-2025 LiUNA_MOU
Revised: 2022-06 42
Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Neighborhood Improvement Officer I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Neighborhood Improvement Officer II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Park Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Park Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Project Coordinator 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Recreation Coordinator 42 3,780.37 3,969.39 4,167.86 4,376.25 4,595.06 Senior Facilities Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker/Facilities
Technician 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Senior Wastewater Treatment Plant Operator 68 4,896.52 5,141.35 5,398.42 5,668.34 5,951.76 Senior Water Utility Worker 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Transportation Coordinator 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Wastewater Treatment Plant Maintenance
Technician Trainee 46 3,933.87 4,130.56 4,337.09 4,553.94 4,781.64 Wastewater Treatment Plant Maintenance
Technician I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Wastewater Treatment Plant Maintenance
Technician II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Wastewater Treatment Plant Operator I 49 4,053.06 4,255.71 4,468.50 4,691.93 4,926.53 Wastewater Treatment Plant Operator II 59 4,477.06 4,700.91 4,935.96 5,182.76 5,441.90 Wastewater Treatment Plant Operator-InTraining 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Water Utility Worker I 45 3,894.89 4,089.63 4,294.11 4,508.82 4,734.26 Water Utility Worker II 55 4,302.39 4,517.51 4,743.39 4,980.56 5,229.59 2022-2025 LiUNA_MOU
Revised: 2022-06 43
Appendix C
City of Riverbank
Employee Compensation Plan
Effective July 2024

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Account Clerk II 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Accounting Technician 65 4,942.61 5,189.74 5,449.23 5,721.69 6,007.77 Administrative Analyst I 75 5,459.69 5,732.67 6,019.30 6,320.27 6,636.28 Administrative Assistant 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Administrative Clerk 30 3,489.09 3,663.54 3,846.72 4,039.06 4,241.01 Assistant Mechanic 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Assistant Planner 81 5,795.58 6,085.36 6,389.63 6,709.11 7,044.57 Associate Planner 91 6,401.91 6,722.01 7,058.11 7,411.02 7,781.57 Building Inspector I 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Building Inspector II 86 6,091.18 6,395.74 6,715.53 7,051.31 7,403.88 City Mechanic 70 5,194.73 5,454.47 5,727.19 6,013.55 6,314.23 Community Development Specialist I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Community Development Specialist II 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Construction Inspector I 86 6,091.18 6,395.74 6,715.53 7,051.31 7,403.88 Construction Inspector II 96 6,728.44 7,064.86 7,418.10 7,789.01 8,178.46 Deputy City Clerk 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Engineer Technician I 61 4,749.73 4,987.22 5,236.58 5,498.41 5,773.33 Engineer Technician II 71 5,246.68 5,509.01 5,784.46 6,073.68 6,377.36 Facilities Maintenance Worker I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Facilities Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Housing & Economic Development Specialist I 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Housing & Economic Development Specialist II 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Human Services Specialist 73 5,352.14 5,619.75 5,900.74 6,195.78 6,505.57 2022-2025 LiUNA_MOU
Revised: 2022-06 44
Maintenance Worker I 37 3,740.74 3,927.78 4,124.17 4,330.38 4,546.90 Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Neighborhood Improvement Officer I 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Neighborhood Improvement Officer II 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Park Maintenance Worker I 37 3,740.74 3,927.78 4,124.17 4,330.38 4,546.90 Park Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Project Coordinator 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Recreation Coordinator 42 3,931.58 4,128.16 4,334.57 4,551.30 4,778.87 Senior Facilities Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Park Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Park Maintenance Worker/Facilities
Technician 64 4,893.68 5,138.36 5,395.28 5,665.04 5,948.29 Senior Wastewater Treatment Plant Operator 68 5,092.38 5,347.00 5,614.35 5,895.07 6,189.82 Senior Water Utility Worker 64 4,893.68 5,138.36 5,395.28 5,665.04 5,948.29 Transportation Coordinator 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Wastewater Treatment Plant Maintenance
Technician Trainee 46 4,091.22 4,295.78 4,510.57 4,736.10 4,972.91 Wastewater Treatment Plant Maintenance
Technician I 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Wastewater Treatment Plant Maintenance
Technician II 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Wastewater Treatment Plant Operator I 49 4,215.18 4,425.94 4,647.24 4,879.60 5,123.58 Wastewater Treatment Plant Operator II 59 4,656.14 4,888.95 5,133.40 5,390.07 5,659.57 Wastewater Treatment Plant Operator-InTraining 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Water Utility Worker I 45 4,050.69 4,253.22 4,465.88 4,689.17 4,923.63 Water Utility Worker II 55 4,474.49 4,698.21 4,933.12 5,179.78 5,438.77 2022-2025 LiUNA_MOU
Revised: 2022-06 45
Appendix D
Flexible Staffing Program
Purpose
The purpose of flexible staffing is to provide non-competitive promotional opportunities to employees assigned to certain classifications. The program establishes criteria for promotion from the entry-level I position, to the journey level (II, Sr.). The program serves to increase worker skills and encourage cross training in related fields in order to provide more effective use of available resources.

Program Guidelines
The following guidelines shall apply to all classifications, which are a part of the flexible staffing program:

1. The employee must receive an overall rating in his/her performance appraisal of an average of “three” or better for two years prior to promotion and have no ratings of “one” in those two years.

2. The employee must have exhibited that he/she can satisfactorily perform the duties and exhibit knowledge and abilities contained in his/her current job description prior to being eligible to promote.

3. The employee must meet experience, education, certification(s) and driver’s license criteria established for promotion to the next higher-level class to be considered for promotion.

4. Employees must be able to demonstrate their ability to perform a range of practical skills related to actual job requirements and pass a written examination.

5. A minimum of three years’ experience as a regular full-time employee at the entry-level I position is required prior to promotion.

Flexible Staff Positions
Public Works Department
Maintenance Worker
Senior Maintenance Worker

ENDICES
Appendix A
City of Riverbank
Employee Compensation Plan
Effective July 2022

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 3,706.97 3,892.32 4,086.94 4,291.29 4,505.85 Account Clerk II 53 4,094.76 4,299.50 4,514.48 4,740.20 4,977.21 Accounting Technician 65 4,614.09 4,844.79 5,087.03 5,341.38 5,608.45 Administrative Analyst I 75 5,096.80 5,351.64 5,619.22 5,900.18 6,195.19 Administrative Assistant 66 4,660.21 4,893.22 5,137.88 5,394.77 5,664.51 Administrative Clerk 30 3,257.17 3,420.03 3,591.03 3,770.58 3,959.11 Assistant Mechanic 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Assistant Planner 81 5,410.36 5,680.88 5,964.92 6,263.17 6,576.33 Associate Planner 91 5,976.39 6,275.21 6,588.97 6,918.42 7,264.34 Building Inspector I 76 5,147.77 5,405.16 5,675.42 5,959.19 6,257.15 Building Inspector II 86 5,686.31 5,970.63 6,269.16 6,582.62 6,911.75 City Mechanic 70 4,849.45 5,091.92 5,346.52 5,613.85 5,894.54 Community Development Specialist I 43 3,706.97 3,892.32 4,086.94 4,291.29 4,505.85 Community Development Specialist II 53 4,094.76 4,299.50 4,514.48 4,740.20 4,977.21 Construction Inspector I 86 5,686.31 5,970.63 6,269.16 6,582.62 6,911.75 Construction Inspector II 96 6,281.21 6,595.27 6,925.03 7,271.28 7,634.84 Deputy City Clerk 66 4,660.21 4,893.22 5,137.88 5,394.77 5,664.51 Engineer Technician I 61 4,434.03 4,655.73 4,888.52 5,132.95 5,389.60 Engineer Technician II 71 4,897.94 5,142.84 5,399.98 5,669.98 5,953.48 Facilities Maintenance Worker I 43 3,706.97 3,892.32 4,086.94 4,291.29 4,505.85 Facilities Maintenance Worker II 47 3,857.46 4,050.33 4,252.85 4,465.49 4,688.76 Housing & Economic Development Specialist I 66 4,660.21 4,893.22 5,137.88 5,394.77 5,664.51 Housing & Economic Development Specialist II 76 5,147.77 5,405.16 5,675.42 5,959.19 6,257.15 Human Services Specialist 73 4,996.40 5,246.22 5,508.53 5,783.96 6,073.16 ATTACHMENT 3
Maintenance Worker I 37 3,492.11 3,666.72 3,850.06 4,042.56 4,244.69 Maintenance Worker II 47 3,857.46 4,050.33 4,252.85 4,465.49 4,688.76 Neighborhood Improvement Officer I 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Neighborhood Improvement Officer II 66 4,660.21 4,893.22 5,137.88 5,394.77 5,664.51 Park Maintenance Worker I 37 3,492.11 3,666.72 3,850.06 4,042.56 4,244.69 Park Maintenance Worker II 47 3,857.46 4,050.33 4,252.85 4,465.49 4,688.76 Project Coordinator 76 5,147.77 5,405.16 5,675.42 5,959.19 6,257.15 Recreation Coordinator 42 3,670.26 3,853.77 4,046.46 4,248.78 4,461.22 Senior Facilities Maintenance Worker 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Senior Maintenance Worker 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Senior Park Maintenance Worker 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Senior Park Maintenance Worker/Facilities
Technician 64 4,568.41 4,796.83 5,036.67 5,288.50 5,552.93 Senior Wastewater Treatment Plant Operator 68 4,753.90 4,991.60 5,241.18 5,503.24 5,778.40 Senior Water Utility Worker 64 4,568.41 4,796.83 5,036.67 5,288.50 5,552.93 Transportation Coordinator 53 4,094.76 4,299.50 4,514.48 4,740.20 4,977.21 Wastewater Treatment Plant Maintenance
Technician Trainee 46 3,819.29 4,010.25 4,210.76 4,421.30 4,642.37 Wastewater Treatment Plant Maintenance
Technician I 56 4,218.85 4,429.79 4,651.28 4,883.84 5,128.03 Wastewater Treatment Plant Maintenance
Technician II 66 4,660.21 4,893.22 5,137.88 5,394.77 5,664.51 Wastewater Treatment Plant Operator I 49 3,935.01 4,131.76 4,338.35 4,555.27 4,783.03 Wastewater Treatment Plant Operator II 59 4,346.66 4,563.99 4,792.19 5,031.80 5,283.39 Wastewater Treatment Plant Operator-InTraining 43 3,706.97 3,892.32 4,086.94 4,291.29 4,505.85 Water Utility Worker I 45 3,781.45 3,970.52 4,169.05 4,377.50 4,596.38 Water Utility Worker II 55 4,177.08 4,385.93 4,605.23 4,835.49 5,077.26

Page 1 of 1 ends

Item 10.1 - CC / LRA 6/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: June 28, 2022
Subject: Pocket Avenue Senior Housing Project General Plan Amendment and Rezone
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
Staff recommends no action be taken for this item. City staff discovered a public notice irregularity. To ensure the project is in strict conformance with State public noticing laws, staff will re-notice the item and it will be rescheduled to be heard during a duly noticed public hearing on July 26, 2022.

SUMMARY
The proposed project consists of a General Plan Amendment (GPA) to Higher Density Residential and a Zoning Ordinance Amendment (Rezone) to Planned Development (PD) for forty (40) senior single-story apartment units on an approximately 2-acre lot. The project site currently has a General Plan Land Use designation of Low Density Residential (LDR) and is currently zoned Single-Family Residential (R-1). The Planning Commission, after taking public comment, including a neighborhood petition at their regular meeting of April 19, 2022, voted 4-1 to deny recommending approval of the project to the City Council.

Page 1 of 2 ends

Item 10.2 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARING
Meeting Date: June 28, 2022
Subject/ Title: Consolidated Landscaping & Lighting District 1) Resolution of the City Council of the City of Riverbank, California, Amending and/or Approving the Engineer’s Report for the Riverbank Consolidated Landscaping and Lighting District; and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2022/2023.
2) Resolution of the City Council of the City of Riverbank, California Ordering the Levy and Collection of Annual Assessments for the Riverbank Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Admin. Manager

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

SUMMARY
The City of Riverbank annually levies and collects special assessments for landscape maintenance, capital improvements, and street lighting. The District is a consolidation of several landscape and lighting districts formed pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). Each of the original districts are identified as benefit zones within the Consolidted District. The various improvements and the expenses associated with each Zone are identified and budgeted independently and are levied annually persuant to the 1972 Act.

The Engineer’s Annual Levy Report for Fiscal Year 2022/2023 has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. The report

Page 2 of 2 ends

Item 10.2 – CC/LRA – 06/28/2022
details the improvements and financial information including the district budgets and proposed annual assessments. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportinate to the parcel’s special benefit zones. The attached resolutions represent the final steps in the annual levy of assessments on the district for fiscal year 2022/2023.

The Engineer’s Report represents 6 different Districts: Courtney Estates, South Bend Estates, Elmwood Estates, Chianti, Sterling Ridge, and Eastwood Estates. Chianti, Sterling Ridge and Eastwood Estates have small increases to cover administration and maintenance costs. These increases will cover the increased maintenance due to the mature landscaping and help to replenish the reserve.

Therefore, it is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2022/2023.

FISCAL IMPACT
FY 21/22 FY 22/23 Change in Assessment
Courtney Estates $ 25.50 $ 25.50 No Change
South Bend Estates $ 82.14 $ 82.14 No Change
Elmwood Estates $ 25.46 $ 25.46 No Change
Chianti $ 59.28 $ 61.06 $1.78
Sterling Ridge $133.82 $137.83 $4.01
Eastwood Estates $ 88.00 $ 90.64 $2.64
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. Draft City Council Resolution 2022- , Amending and/or Approving the Engineer’s Report

2. Engineer’s Annual Levy Report Consolidated Landscaping and Lighting District Fiscal Year 2022/2023

3. Draft City Council Resolution 2022- , Ordering the Levy and Collection of Annual Assessments

Page 1 of 2 ends

CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
AMENDING AND/OR APPROVING THE ENGINEER’S REPORT FOR THE RIVERBANK CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND

THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a Report in connection with the “Riverbank Consolidated Landscaping and Lighting District” (hereafter referred to as the “District”), the Zones therein and the proposed levy and collection of annual assessments against parcels of land for the fiscal year commencing July 1, 2022 and ending June 30, 2023; and
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Riverbank, California and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Riverbank Consolidated Landscaping and Lighting District, Fiscal Year 2022/2023” as required by the Act; and WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY

THE CITY COUNCIL FOR THE CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT AS FOLLOWS:

Section 1 The Report as presented or as modified, contains the following:
a. A Description of Improvements.
b. A Diagram of the District.

ATTACHMENT 1

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CC/LRA – 06/28/22
CC Resolution 2022-
c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The Annual Budget (Costs and Expenses) and the resulting assessment (Levy per benefit unit) for the fiscal year. e. The District Roll containing the proposed Levy for each Assessor Parcel Number within the District for Fiscal Year 2022/2023.

Section 2 The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are incorporated into the Engineer’s Report.

Section 3 The City Council is satisfied with the Engineer’s Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.

Section 4 The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 5 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 28th day of June 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Engineer’s Report – Consolidated L&L District for FY 2022-23 City of Riverbank
Consolidated
Landscaping and Lighting District
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 2

TABLE OF CONTENTS
PART I - OVERVIEW 1
A. INTRODUCTION 1
B. APPLICABLE LEGISLATION 2
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
PART II - PLANS AND SPECIFICATIONS 4
A. CHANGES OR MODIFICATIONS TO THE DISTRICT 4
B. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND SERVICES 6 C. DISTRICT ZONES AND SPECIFIC IMPROVEMENTS 6
PART III - METHOD OF APPORTIONMENT 10
A. GENERAL 10
B. BENEFIT ANALYSIS 10
C. ASSESSMENT METHODOLOGY 12
PART IV - DISTRICT BUDGET FISCAL YEAR 2022/2023 14
PART V - DISTRICT BOUNDARY MAPS 15
PART VI — 2022/2023 ASSESSMENT ROLL 18
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 1 of 28

PART I - OVERVIEW
A. INTRODUCTION
The City of Riverbank (“City”) annually levies and collects special assessments in order to maintain the improvements within the Consolidated Landscaping and Lighting District (“District”). The District is a consolidation of several landscape and lighting districts formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”). Each of the original districts is identified as benefit zones (“Zones”) within the Consolidated District. The various improvements and the expenses associated with each Zone are identified and budgeted independently and are levied annually pursuant to the 1972 Act.

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, all Zones and improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2022/2023. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy for each Zone include all expenditures, deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives special benefits.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessment Number by the County of Stanislaus Assessor’s Office. The County of Stanislaus Auditor/Controller uses Assessment Numbers and specific fund numbers to identify properties assessed for special district benefit assessments on the tax roll.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer’s Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rates and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2022/2023.

The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District and respective Zones.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 2 of 28 parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates contained in this Report as approved by the City Council.

B. APPLICABLE LEGISLATION
The District and the Zones therein have been formed and are annually levied pursuant to the 1972 Act, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received.

Compliance with the California Constitution
All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (enacted by the passage of Proposition 218 in November 1996).

Pursuant to the California Constitution Article XIIID Section 5, certain assessments that were existing on July 1, 1997, the effective date of Article XIIID, are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that the improvements and the annual assessment for each of the Zones within the Consolidated District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the pre-existing assessment amounts (the maximum assessments identified in this Report) are exempt from the procedural requirements Article XIIID Section 4.

The proposed assessment for the current fiscal year may be less than or equal to the maximum assessment rate previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment. Although the current maximum assessment for each Zone within the District is identified as an exempt assessment pursuant to Article XIIID Section 5(b), it is recognized that these assessments may not be sufficient to cover the annual cost of providing the improvements in the future. In such cases, the revenue shortfall maybe funded by other revenue sources or an assessment increase may be proposed. Pursuant to the provisions of the California Constitution Article XIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding (property owner assessment balloting).

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 3 of 28 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 4 of 28  Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

PART II - PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and operation of landscaping and/or street lighting, and related services within the public right-of-ways for specific developments within the City.

The District is comprised of specific developments (residential tracts) that were originally formed as separate 1972 Act districts. The districts were formed to ensure the ongoing maintenance of local landscaping and lighting improvements associated with the residential subdivisions and installed as part of the development of properties within those subdivisions. These districts were later consolidated into this single District pursuant to Chapter 2 Article 2 Section 22605 (d) of the 1972 Act, with each of the original districts being identified as a Zone. Each of the Zones includes parcels that are associated with specific improvements and services that provide a special benefit to the properties. The total cost of providing the improvements within each Zone are equitably spread among only the benefiting parcels.

A. CHANGES OR MODIFICATIONS TO THE DISTRICT
Modifications to the District structure could include but are not limited to:
 Substantial changes or expansion of the improvements provided;  Substantial changes in the service provided;
 Modifications or restructuring of the District or Zones including annexation or detachment of Zones or specific parcels;
 Revisions in the method of apportionment;
 Proposed new or increased assessments.

In Fiscal Year 2000/01, Zone 1 (Avery Estates) and Zone 4 (Sierra Vista Estates Unit 2) were detached from the Consolidated District.
 Zone 1 was initially established within the District to provide landscaping and lighting improvements within a planned residential development known as Avery Estates. This development was to include a small eleven-unit residential City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 5 of 28 subdivision generally located south of Townsend Avenue and east of Terminal Avenue, directly south and adjacent to Reich Lane. This residential subdivision was not developed and the proposed improvements to be installed never materialized. The tentative tract map for this subdivision has expired and therefore the Zone was detached from the District.
 Zone 4 was initially established within the District to provide landscaping and lighting improvements including street lighting, a drainage pond, and fencing within the development known as Sierra Vista Estates Unit 2. This development was to include a small ten-unit residential subdivision generally located south of Reich Lane, east of Terminal Avenue, north of Van Dusen Avenue, and west of Claus Road. This original residential subdivision was not completed as planned and only the street lighting improvements had been installed. On February 14, 2000, the City formed Landscaping and Lighting District No. 2000-01 (Sierra Vista Estates) that incorporated the original Sierra Vista Estates Unit 2 (Zone 4) as well as other properties. Concurrently with the formation of this new 1972 Act district, Zone 4 was detached from the Consolidated District.

In Fiscal Year 2005/06, three zones were added, Zone 6 (Chianti), Zone 7 (Sterling Ridge) and Zone 8 (Eastwood Estates).
 Zone 6 - The purpose of the District is to ensure the ongoing maintenance, operation and servicing of median landscaping, certain perimeter landscaping, and street lighting improvements installed in connection with development of properties within the District known as the Chianti Subdivision.
 Zone 7 - The purpose of the District is to ensure the ongoing maintenance, operation and servicing of median landscaping, certain perimeter landscaping, and street lighting improvements installed in connection with development of properties within the District known as Sterling Ridge.
 Zone 8 - The purpose of the District is to ensure the ongoing maintenance, operation and servicing of median landscaping, certain perimeter landscaping, and street lighting improvements installed in connection with development of properties within the District known as Eastwood Estates.

In Fiscal Year 2011/12, 86 parcels in Elmwood Estates Unit 2 were added to Zone 5.  Elmwood Estates Unit 2 — This residential tract encompasses an area located generally east of Roselle Avenue and north of the M.I.D. Main Canal at Rosebrook Drive and includes eighty-six (86) single-family residential lots. The parcels within this development are identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Numbers 075-095-001-000 through 075-095-086-000. This development provides funding for the perimeter parkway landscaping and street lighting associated with the development.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 6 of 28 B. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND SERVICES Each Zone within the District consists of properties, subdivisions and developments that are clearly associated with the improvements maintained by the District. The parcels assessed for special benefits are all part of a development or subdivision that originally installed the improvements or are directly associated with the improvements by proximity and receive special benefits from those improvements.

The improvements within each Zone vary, but include specific street lighting facilities and/or landscaped areas associated with the properties within each Zone. The Improvements may include but are not limited to:
 Landscape improvements within the parkways, entryways and other public rightof-ways or open space areas including street trees, turf, ground cover, shrubs, irrigation and drainage systems, entry monuments, and block walls or other fencing.
 Street lighting improvements within or adjacent to the subdivisions and developments including electrical costs, maintenance, repair and replacement of the poles, lights, wires or other equipment associated with the street lights.  Any appurtenant facilities, services or improvements directly associated with any of the foregoing improvements including incidental expenses.

All improvements within the District are maintained and serviced on a regular basis. The frequency and specific maintenance operations required within the District and each Zone are determined by City staff. The District assessments fund all necessary utilities, operations, services, administration and maintenance costs associated with the improvements. The annual costs of providing the improvements within each Zone are spread among all benefiting parcels in proportion to the benefits received. Only parcels that receive special benefits from the services and improvements are assessed. The expenditures and assessments set forth in this report are based upon the City’s estimate of the costs associated with the improvements in each Zone including all labor, personnel, equipment, materials and administrative expenses.

C. DISTRICT ZONES AND SPECIFIC IMPROVEMENTS
The location, boundaries and specific improvements provided within each Zone are described in this section. The determination and calculation of special benefit is discussed in the Method of Apportionment and the corresponding expenses, revenues and assessments are summarized in the budget for each Zone.

Zone 2 (Courtney Estates) — This Zone is generally located south of Patterson Road and west of Jackson Avenue at Courtney Court. This Zone includes twelve (12) residential parcels within the residential subdivision known as Courtney Estates, identified on Book 75 Page 43 of the Stanislaus County Assessor’s Parcel Maps.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 7 of 28 The improvements maintained and serviced within Zone 2 include two (2) street lights installed as part of the residential development.
 One (1) street light is located at the west end of Courtney Court (end of the cul-desac);  One (1) street light is located at the entrance to the development on the northwest corner of Courtney Court and Jackson Avenue.

Zone 3 (South Bend Estates Units 1 and 2) — This Zone is generally located south of Patterson Road (State Highway 108) and generally north and east of the M.I.D. Main Canal. This Zone includes seventy-one (71) residential parcels within the subdivision known as South Bend Estates Units 1 and 2; identified on Book 74 Page 22 of the Stanislaus County Assessor’s Parcel Maps.

The improvements maintained and serviced within Zone 3 were installed as part of the residential development and include sixteen (16) street lights and approximately 1,310 linear feet of parkway landscaping.
 Five (5) street lights are located on the perimeter of the development on the south side of Patterson Road;
 The remaining eleven (11) street lights are located within the residential subdivision on Hot Springs Lane, Hot Springs Court, Sandy Ridge Drive, Red Rock Lane, Rock Creek Road, Clearwater Way and Rockypoint Way;  Approximately 1,240 linear feet of parkway landscaping adjacent to the subdivision along the south side of Patterson Road (the entire length of the South Bend Estates Units 1 and 2 subdivisions);
 Approximately 70 linear feet of parkway landscaping at the intersection of Red Rock Lane and Clearwater Way within the subdivision.

Zone 5 (Elmwood Estates Units 1 and 2) — This Zone is located generally east of Roselle Avenue and north of the M.I.D. Main Canal at Rosebrook Drive. This Zone includes one hundred seventy-eight (178) residential parcels within the subdivision known as Elmwood Estates Units 1 and 2, identified on Book 75 Page 49 of the Stanislaus County Assessor’s Parcel Maps and Assessor’s Parcel Numbers 075-095-001-000 through 075-095-086-000.

The improvements maintained and serviced within Zone 5 were installed as part of the residential development and include ten (10) street lights and approximately 830 linear feet of parkway landscaping associated with the Elmwood Estates Unit 1 development and ten (10) street lights associated with the Elmwood Estates Unit 2 development.  One (1) street light is located on the perimeter of the development at the northeast corner of Roselle Avenue and Rosebrook Drive;
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 8 of 28  The remaining nine (9) street lights are locate within the residential subdivision on Greenoaks Court, Aspen Court, Rosebrook Drive, Greenoaks Drive and Aspen Lane;
 Approximately 830 linear feet of parkway landscaping adjacent to the subdivision along the east side of Roselle Avenue (the entire length of the Elmwood Estates Unit 1 subdivision).
 Ten (10) street lights are located within the residential subdivision Unit 2 on South Rosebrook Drive, Pierce Lane, Walnut Lane and Sutton Road; Zone 6 (Chianti Subdivision Unit 1) – The Tract encompasses the area of land identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Number 075-031-035 (2.816 acres) located west of Roselle Avenue and south of Morrill Road. It is proposed to include 13 Single-Family Residential lots at full development.  The Improvements serviced and maintained within Zone 6 consist of 2,205 square feet of landscaping along Roselle Avenue and three (3) 150W street lights on Caviani Court.

Zone 7 (Sterling Ridge Unit 1) – The Tract encompasses the area of land identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Numbers 075-015-010, 075-015-017, 075-015-021, and 075-020-006 (46.1 acres) located east of Roselle Avenue, between Talbot Avenue and Pocket Avenue. It is proposed to include 183 SingleFamily Residential lots at full development.  The Improvements serviced and maintained within Zone 7 consist of 111,589 square feet of perimeter landscaping along Litt Road south of Pocket Avenue and extending to the southern border of the development. In addition, thirty-three (33) 150W street lights are located throughout the Tract;
 Installation of tables, trees and other park improvements at Harless Park.

Zone 8 (Eastwood Estates Unit 1) – The Tract encompasses the area of land identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Numbers 074-018-052 and 074-018-055 through 074-018-060, located west of Oakdale Road Street between Candlewood Place and Karen Alane Way. The Assessor Parcel Numbers represent 7 Single Family Residential lots.
 The Improvements serviced and maintained within Zone 8 consist of 800 square feet of landscaping along the west side of Oakdale Road south of Raintree Lane and north of Cherry Tree Lane. In addition, there are two (2) 150W street lights on Leo Court.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 9 of 28 The table below lists the various Zones within the District and summarizes the number of parcels, the Equivalent Dwelling Units (EDU) and the improvements within each Zone:

Benefit Zones
Zone Description Parcels EDU Lights Landscape
2 Courtney Estates 12 12 2 0 LF
3 South Bend Units 1 & 2 71 71 16 1,310 LF
5 Elmwood Estates Units 1 & 2 178 178 20 830 LF
6 Chianti Subdivision 13 13 3 2,205 SF
7 Sterling Ridge 183 183 33 111,589 SF
8 Eastwood Estates 7 7 2 800 SF
Number of Improvements
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 10 of 28

PART III - METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in each Zone of the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the California Constitution Article XIIID Section 4 (with some exceptions), a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the District must separate the general benefits from the special benefits.

B. BENEFIT ANALYSIS
Each of the improvements and their associated costs have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements. The installation of the improvements and approval of an annual assessment were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to the California Constitution Article XIIID Section 5(b), the maximum assessment amounts identified in this Report were approved by all the property owners at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore the existing assessment amount for each Zone is not subject to the procedural requirements of Article XIIID Section 4 (property owner ballot proceedings). Although the current assessments do not require additional property owner approval, the improvements within each Zone clearly provide a special benefit to the parcels assessed and therefore, the existing assessments are in compliance with the substantive requirements of Article XIIID Section 4.

Special Benefits — The method of apportionment (assessment methodology) is based on the premise that each of the assessed parcels within the District and Zones receives benefit from the improvements maintained and financed by annual assessments.

Specifically, the assessments associated with each Zone are for the maintenance of local landscaping and/or street lighting within the Zones. The desirability and security of City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 11 of 28 properties within each Zone are enhanced by the presence of street lighting and wellmaintained landscaping in close proximity to those properties.

The special benefits associated with the local landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements.  Improved aesthetic appeal of properties within the Zones providing a positive representation of the area.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, and dust and debris control.
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.  Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
 Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
 Enhanced deterrence of crime and the aid to police protection.  Increased nighttime safety on roads and highways.
 Improved ability of pedestrians and motorists to see.  Improved ingress and egress to property.
 Reduced vandalism and other criminal acts and damage to improvements or property.
 Improved traffic circulation and reduced nighttime accidents and personal property loss.
 Increased promotion of business during nighttime hours in the case of commercial properties.

All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 12 of 28 General Benefits – The Zone improvements to be provided and maintained by the District are a direct result of property development within the Zones and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the Zone properties being developed and not for the benefit of surrounding properties outside the District boundaries. Although the Zone improvements (by virtue of their location) may be visible to surrounding properties, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit. Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments. Therefore, it has been determined that the Zone improvements and the on-going operation and maintenance of those improvements provide no identifiable or measurable general benefit to properties outside the District Zones or to the public at large.

C. ASSESSMENT METHODOLOGY
Equivalent Dwelling Units: To assess benefits equitably, it is necessary to correlate the different type of parcels within the District to each other as well as their relationship to the improvements. The Equivalent Dwelling Unit method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are typically apportioned as a function of land use type, size and development.

The Equivalent Dwelling Unit method of assessment apportionment uses the single family home site as the basic unit of assessment. A single family home site equals one Equivalent Dwelling Unit (EDU). Every other land use is converted to EDU’s based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the EDU method of apportionment is an appropriate method of calculating each parcel’s benefit and assessment, it should be noted that all properties within this District are identified as single family home sites and therefore benefit equally from the improvements provided in each respective Zone. Therefore, each parcel is assigned 1.0 EDU and the costs associated with each Zone are actually spread equally among all benefiting parcels within that Zone.

The following formulas are used to calculate the annual assessments for each Zone. The Balance to Levy represents the total amount to be collected through the annual assessments. The Levy Per EDU (Assessment Rate) is the result of dividing the total Balance to Levy by the Total EDU. This Assessment Rate multiplied by each parcel’s individual EDU determines each parcel’s levy amount. This process and formulas are applied separately to each Zone.

For Zone 6 Chianti, Zone 7 Sterling Ridge, and Zone 8 Eastwood Estates, the Maximum Assessment is equal to the Initial Assessment approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward Area for All Urban Consumers. Beginning in the second City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 13 of 28 fiscal year of the District and each fiscal year thereafter, the Maximum Assessment will be recalculated and a new Maximum Assessment established. The CPI used to calculate the Maximum Assessment for FY 2022/23 is 5.19%.

Total Balance to Levy / Total EDU in Zone = Levy per EDU (Assessment Rate) Assessment Rate x Parcel’s EDU = Parcel’s Levy Amount
Or more simply stated, since all Zone parcels are 1 EDU:

Total Balance to Levy / Total Assessable Parcels in Zone = Parcel Levy Amount
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 14 of 28 PART IV - DISTRICT BUDGET FISCAL YEAR 2022/2023
Zone No. 2 Zone No. 3 Zone No. 5 Zone No. 6 Zone No. 7 Zone No. 8 Courtney South Bend Elmwood Chianti Sterling Eastwood
Estates Estates Estates Ridge Estates District
Units 1 & 2 Units 1 & 2 Unit 1 Unit 1 Unit 1 Totals

DIRECT COSTS
Landscape Maintenance $0 $1,000 $1,100 $500 $19,440 $600 $22,640 Landscape Utilities 0 1,000 640 110 2,591 155 4,496
Utilities 121 0 0 0 0 0 121
Repairs/Abatement 71 1,064 810 0 1,454 0 3,399
Street Lighting 40 144 40 46 504 34 808
Street Light Utilities 0 0 0 0 0 0 0
Miscellaneous/Materials/Equipment 0 0 0 0 0 0 0
Direct Costs (Subtotal) $232 $3,208 $2,590 $656 $23,989 $789 $31,464

ADMINISTRATION COSTS
City Administration $0 $0 $0 $0 $2,100 $0 $2,100
District Administration 70 698 848 78 1,634 50 3,378
County Administration Fee 4 24 32 158 192 156 566
Administration Costs (Subtotal) $74 $722 $880 $236 $3,926 $206 $6,044

LEVY BREAKDOWN
Total Direct and Admin. Costs $306 $3,930 $3,470 $892 $27,915 $995 $37,508 Reserve Collection/ (Transfers) 0 1,902 1,062 (98) (2,691) (361) (186) Contribution Replenishment 0 0 0 0 0 0 0
Other Revenues/General Fund Contribution 0 0 0 0 0 0 0
Capital Improvement Project Fund Collection/(Transfer) 0 0 0 0 0 0 0 Balance to Levy $306 $5,832 $4,532 $794 $25,224 $634 $37,322

DISTRICT STATISTICS
Total Parcels 12 71 178 13 188 7 469
Total Parcels Levied 12 71 178 13 183 7 464
Total Equivalent Dwelling Units (EDU) 12.00 71.00 178.00 13.00 183.00 7.00 464.00 Levy Per EDU $25.50 $82.14 $25.46 $61.06 $137.84 $90.64 Maximum Levy per EDU $42.64 $95.00 $59.60 $189.06 $345.90 $269.17

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $256 $4,994 $3,915 $2,913 $139,993 $2,338 $154,409 Reseve Fund Activity 0 1,902 1,062 (98) (2,691) (361) (186) Ending Reserve Fund Balance (Projected) $256 $6,896 $4,977 $2,815 $137,302 $1,977 $154,223 Beginning Capital Improvement Project Fund $0 $0 $0 $0 $0 $0 $0 Capital Improvement Project Fund Activity 0 0 0 0 0 0 0 Ending Capital Improvement Project Fund $0 $0 $0 $0 $0 $0 $0 City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 15 of 28

PART V - DISTRICT BOUNDARY MAPS
The original assessment diagrams and tract maps for the District were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

The boundaries for each Zone within the District are identified by the specific development and subdivisions associated with each Zone and defined by the subdivision boundaries shown on the Stanislaus County Assessor’s Maps. The parcel identification, lines, and dimensions of each parcel within the District and Zone are those lines and dimensions shown on the Stanislaus County Assessor’s Maps of for the year in which this Report was prepared and by reference are incorporated and made part of this Report.

The following pages are reproductions of the County Assessor’s Parcel Maps associated with each subdivision and Zone.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 16 of 28 City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 17 of 28 City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 18 of 28 PART VI — 2022/2023 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Stanislaus County Assessor's map for the year in which this Report is prepared.

A listing of parcels assessed within this District, along with the assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility right-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has specific development restrictions.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 19 of 28 APN EDUs Zone Charge
075-043-056-000 1.00 2 $25.50
075-043-057-000 1.00 2 25.50
075-043-058-000 1.00 2 25.50
075-043-059-000 1.00 2 25.50
075-043-060-000 1.00 2 25.50
075-043-061-000 1.00 2 25.50
075-043-062-000 1.00 2 25.50
075-043-063-000 1.00 2 25.50
075-043-064-000 1.00 2 25.50
075-043-065-000 1.00 2 25.50
075-043-066-000 1.00 2 25.50
075-043-067-000 1.00 2 25.50
Total: 12.00 $306.00
074-022-001-000 1.00 3 $82.14
074-022-002-000 1.00 3 82.14
074-022-003-000 1.00 3 82.14
074-022-004-000 1.00 3 82.14
074-022-005-000 1.00 3 82.14
074-022-006-000 1.00 3 82.14
074-022-007-000 1.00 3 82.14
074-022-008-000 1.00 3 82.14
074-022-009-000 1.00 3 82.14
074-022-010-000 1.00 3 82.14
074-022-011-000 1.00 3 82.14
074-022-012-000 1.00 3 82.14
074-022-013-000 1.00 3 82.14
074-022-014-000 1.00 3 82.14
074-022-015-000 1.00 3 82.14
074-022-016-000 1.00 3 82.14
074-022-017-000 1.00 3 82.14
074-022-018-000 1.00 3 82.14
074-022-019-000 1.00 3 82.14
074-022-020-000 1.00 3 82.14
074-022-021-000 1.00 3 82.14
074-022-022-000 1.00 3 82.14
074-022-023-000 1.00 3 82.14
074-022-024-000 1.00 3 82.14
074-022-025-000 1.00 3 82.14
074-022-026-000 1.00 3 82.14
074-022-029-000 1.00 3 82.14
074-022-030-000 1.00 3 82.14
074-022-031-000 1.00 3 82.14
074-022-032-000 1.00 3 82.14
074-022-033-000 1.00 3 82.14
074-022-034-000 1.00 3 82.14
074-022-035-000 1.00 3 82.14
074-022-036-000 1.00 3 82.14
074-022-037-000 1.00 3 82.14
074-022-038-000 1.00 3 82.14
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 20 of 28 APN EDUs Zone Charge
074-022-039-000 1.00 3 82.14
074-022-040-000 1.00 3 82.14
074-022-041-000 1.00 3 82.14
074-022-042-000 1.00 3 82.14
074-022-043-000 1.00 3 82.14
074-022-044-000 1.00 3 82.14
074-022-045-000 1.00 3 82.14
074-022-046-000 1.00 3 82.14
074-022-047-000 1.00 3 82.14
074-022-048-000 1.00 3 82.14
074-022-049-000 1.00 3 82.14
074-022-050-000 1.00 3 82.14
074-022-051-000 1.00 3 82.14
074-022-052-000 1.00 3 82.14
074-022-053-000 1.00 3 82.14
074-022-054-000 1.00 3 82.14
074-022-055-000 1.00 3 82.14
074-022-056-000 1.00 3 82.14
074-022-057-000 1.00 3 82.14
074-022-058-000 1.00 3 82.14
074-022-059-000 1.00 3 82.14
074-022-060-000 1.00 3 82.14
074-022-061-000 1.00 3 82.14
074-022-062-000 1.00 3 82.14
074-022-063-000 1.00 3 82.14
074-022-064-000 1.00 3 82.14
074-022-065-000 1.00 3 82.14
074-022-066-000 1.00 3 82.14
074-022-067-000 1.00 3 82.14
074-022-068-000 1.00 3 82.14
074-022-069-000 1.00 3 82.14
074-022-070-000 1.00 3 82.14
074-022-075-000 1.00 3 82.14
074-022-076-000 1.00 3 82.14
074-022-077-000 1.00 3 82.14
Total: 71.00 $5,831.94
075-049-001-000 1.00 5 $25.46
075-049-002-000 1.00 5 25.46
075-049-003-000 1.00 5 25.46
075-049-004-000 1.00 5 25.46
075-049-005-000 1.00 5 25.46
075-049-006-000 1.00 5 25.46
075-049-007-000 1.00 5 25.46
075-049-008-000 1.00 5 25.46
075-049-009-000 1.00 5 25.46
075-049-010-000 1.00 5 25.46
075-049-011-000 1.00 5 25.46
075-049-012-000 1.00 5 25.46
075-049-013-000 1.00 5 25.46
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 21 of 28 APN EDUs Zone Charge
075-049-014-000 1.00 5 25.46
075-049-015-000 1.00 5 25.46
075-049-016-000 1.00 5 25.46
075-049-017-000 1.00 5 25.46
075-049-018-000 1.00 5 25.46
075-049-019-000 1.00 5 25.46
075-049-020-000 1.00 5 25.46
075-049-021-000 1.00 5 25.46
075-049-022-000 1.00 5 25.46
075-049-023-000 1.00 5 25.46
075-049-024-000 1.00 5 25.46
075-049-025-000 1.00 5 25.46
075-049-026-000 1.00 5 25.46
075-049-027-000 1.00 5 25.46
075-049-028-000 1.00 5 25.46
075-049-029-000 1.00 5 25.46
075-049-030-000 1.00 5 25.46
075-049-031-000 1.00 5 25.46
075-049-032-000 1.00 5 25.46
075-049-033-000 1.00 5 25.46
075-049-034-000 1.00 5 25.46
075-049-035-000 1.00 5 25.46
075-049-036-000 1.00 5 25.46
075-049-037-000 1.00 5 25.46
075-049-038-000 1.00 5 25.46
075-049-039-000 1.00 5 25.46
075-049-040-000 1.00 5 25.46
075-049-041-000 1.00 5 25.46
075-049-042-000 1.00 5 25.46
075-049-043-000 1.00 5 25.46
075-049-044-000 1.00 5 25.46
075-049-045-000 1.00 5 25.46
075-049-046-000 1.00 5 25.46
075-049-047-000 1.00 5 25.46
075-049-048-000 1.00 5 25.46
075-049-049-000 1.00 5 25.46
075-049-050-000 1.00 5 25.46
075-049-051-000 1.00 5 25.46
075-049-052-000 1.00 5 25.46
075-049-053-000 1.00 5 25.46
075-049-054-000 1.00 5 25.46
075-049-055-000 1.00 5 25.46
075-049-056-000 1.00 5 25.46
075-049-057-000 1.00 5 25.46
075-049-058-000 1.00 5 25.46
075-049-059-000 1.00 5 25.46
075-049-060-000 1.00 5 25.46
075-049-061-000 1.00 5 25.46
075-049-062-000 1.00 5 25.46
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 22 of 28 APN EDUs Zone Charge
075-049-063-000 1.00 5 25.46
075-049-064-000 1.00 5 25.46
075-049-065-000 1.00 5 25.46
075-049-066-000 1.00 5 25.46
075-049-067-000 1.00 5 25.46
075-049-068-000 1.00 5 25.46
075-049-069-000 1.00 5 25.46
075-049-070-000 1.00 5 25.46
075-049-071-000 1.00 5 25.46
075-049-072-000 1.00 5 25.46
075-049-073-000 1.00 5 25.46
075-049-074-000 1.00 5 25.46
075-049-075-000 1.00 5 25.46
075-049-076-000 1.00 5 25.46
075-049-077-000 1.00 5 25.46
075-049-078-000 1.00 5 25.46
075-049-079-000 1.00 5 25.46
075-049-080-000 1.00 5 25.46
075-049-081-000 1.00 5 25.46
075-049-082-000 1.00 5 25.46
075-049-083-000 1.00 5 25.46
075-049-084-000 1.00 5 25.46
075-049-085-000 1.00 5 25.46
075-049-086-000 1.00 5 25.46
075-049-087-000 1.00 5 25.46
075-049-088-000 1.00 5 25.46
075-049-089-000 1.00 5 25.46
075-049-090-000 1.00 5 25.46
075-049-091-000 1.00 5 25.46
075-049-092-000 1.00 5 25.46
075-095-001-000 1.00 5 25.46
075-095-002-000 1.00 5 25.46
075-095-003-000 1.00 5 25.46
075-095-004-000 1.00 5 25.46
075-095-005-000 1.00 5 25.46
075-095-006-000 1.00 5 25.46
075-095-007-000 1.00 5 25.46
075-095-008-000 1.00 5 25.46
075-095-009-000 1.00 5 25.46
075-095-010-000 1.00 5 25.46
075-095-011-000 1.00 5 25.46
075-095-012-000 1.00 5 25.46
075-095-013-000 1.00 5 25.46
075-095-014-000 1.00 5 25.46
075-095-015-000 1.00 5 25.46
075-095-016-000 1.00 5 25.46
075-095-017-000 1.00 5 25.46
075-095-018-000 1.00 5 25.46
075-095-019-000 1.00 5 25.46
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 23 of 28 APN EDUs Zone Charge
075-095-020-000 1.00 5 25.46
075-095-021-000 1.00 5 25.46
075-095-022-000 1.00 5 25.46
075-095-023-000 1.00 5 25.46
075-095-024-000 1.00 5 25.46
075-095-025-000 1.00 5 25.46
075-095-026-000 1.00 5 25.46
075-095-027-000 1.00 5 25.46
075-095-028-000 1.00 5 25.46
075-095-029-000 1.00 5 25.46
075-095-030-000 1.00 5 25.46
075-095-031-000 1.00 5 25.46
075-095-032-000 1.00 5 25.46
075-095-033-000 1.00 5 25.46
075-095-034-000 1.00 5 25.46
075-095-035-000 1.00 5 25.46
075-095-036-000 1.00 5 25.46
075-095-037-000 1.00 5 25.46
075-095-038-000 1.00 5 25.46
075-095-039-000 1.00 5 25.46
075-095-040-000 1.00 5 25.46
075-095-041-000 1.00 5 25.46
075-095-042-000 1.00 5 25.46
075-095-043-000 1.00 5 25.46
075-095-044-000 1.00 5 25.46
075-095-045-000 1.00 5 25.46
075-095-046-000 1.00 5 25.46
075-095-047-000 1.00 5 25.46
075-095-048-000 1.00 5 25.46
075-095-049-000 1.00 5 25.46
075-095-050-000 1.00 5 25.46
075-095-051-000 1.00 5 25.46
075-095-052-000 1.00 5 25.46
075-095-053-000 1.00 5 25.46
075-095-054-000 1.00 5 25.46
075-095-055-000 1.00 5 25.46
075-095-056-000 1.00 5 25.46
075-095-057-000 1.00 5 25.46
075-095-058-000 1.00 5 25.46
075-095-059-000 1.00 5 25.46
075-095-060-000 1.00 5 25.46
075-095-061-000 1.00 5 25.46
075-095-062-000 1.00 5 25.46
075-095-063-000 1.00 5 25.46
075-095-064-000 1.00 5 25.46
075-095-065-000 1.00 5 25.46
075-095-066-000 1.00 5 25.46
075-095-067-000 1.00 5 25.46
075-095-068-000 1.00 5 25.46
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 24 of 28 APN EDUs Zone Charge
075-095-069-000 1.00 5 25.46
075-095-070-000 1.00 5 25.46
075-095-071-000 1.00 5 25.46
075-095-072-000 1.00 5 25.46
075-095-073-000 1.00 5 25.46
075-095-074-000 1.00 5 25.46
075-095-075-000 1.00 5 25.46
075-095-076-000 1.00 5 25.46
075-095-077-000 1.00 5 25.46
075-095-078-000 1.00 5 25.46
075-095-079-000 1.00 5 25.46
075-095-080-000 1.00 5 25.46
075-095-081-000 1.00 5 25.46
075-095-082-000 1.00 5 25.46
075-095-083-000 1.00 5 25.46
075-095-084-000 1.00 5 25.46
075-095-085-000 1.00 5 25.46
075-095-086-000 1.00 5 25.46
Total: 178.00 $4,531.88
075-031-036-000 1.00 6 $61.06
075-031-037-000 1.00 6 61.06
075-031-038-000 1.00 6 61.06
075-031-039-000 1.00 6 61.06
075-031-040-000 1.00 6 61.06
075-031-041-000 1.00 6 61.06
075-031-042-000 1.00 6 61.06
075-031-043-000 1.00 6 61.06
075-031-044-000 1.00 6 61.06
075-031-045-000 1.00 6 61.06
075-031-046-000 1.00 6 61.06
075-031-047-000 1.00 6 61.06
075-031-048-000 1.00 6 61.06
Total: 13.00 $793.78
075-088-001-000 1.00 7 $137.84
075-088-002-000 1.00 7 137.84
075-088-003-000 1.00 7 137.84
075-088-004-000 1.00 7 137.84
075-088-005-000 1.00 7 137.84
075-088-006-000 1.00 7 137.84
075-088-007-000 1.00 7 137.84
075-088-008-000 1.00 7 137.84
075-088-009-000 1.00 7 137.84
075-088-010-000 1.00 7 137.84
075-088-011-000 1.00 7 137.84
075-088-012-000 1.00 7 137.84
075-088-013-000 1.00 7 137.84
075-088-014-000 1.00 7 137.84
075-088-015-000 1.00 7 137.84
075-088-016-000 1.00 7 137.84
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 25 of 28 APN EDUs Zone Charge
075-088-017-000 1.00 7 137.84
075-088-018-000 1.00 7 137.84
075-088-019-000 1.00 7 137.84
075-088-020-000 1.00 7 137.84
075-088-021-000 1.00 7 137.84
075-088-022-000 1.00 7 137.84
075-088-023-000 1.00 7 137.84
075-088-024-000 1.00 7 137.84
075-088-025-000 1.00 7 137.84
075-088-026-000 1.00 7 137.84
075-088-027-000 1.00 7 137.84
075-088-028-000 1.00 7 137.84
075-088-029-000 1.00 7 137.84
075-088-030-000 1.00 7 137.84
075-088-031-000 1.00 7 137.84
075-088-032-000 1.00 7 137.84
075-088-033-000 1.00 7 137.84
075-088-034-000 1.00 7 137.84
075-088-035-000 1.00 7 137.84
075-088-036-000 1.00 7 137.84
075-088-037-000 1.00 7 137.84
075-088-038-000 1.00 7 137.84
075-088-039-000 1.00 7 137.84
075-088-040-000 1.00 7 137.84
075-088-041-000 1.00 7 137.84
075-088-042-000 1.00 7 137.84
075-088-043-000 1.00 7 137.84
075-088-044-000 1.00 7 137.84
075-088-045-000 1.00 7 137.84
075-088-046-000 1.00 7 137.84
075-088-047-000 1.00 7 137.84
075-088-048-000 1.00 7 137.84
075-088-049-000 1.00 7 137.84
075-088-050-000 1.00 7 137.84
075-088-051-000 1.00 7 137.84
075-088-052-000 1.00 7 137.84
075-088-053-000 1.00 7 137.84
075-088-054-000 1.00 7 137.84
075-088-055-000 1.00 7 137.84
075-088-056-000 1.00 7 137.84
075-088-057-000 1.00 7 137.84
075-088-058-000 1.00 7 137.84
075-088-059-000 1.00 7 137.84
075-088-060-000 1.00 7 137.84
075-088-061-000 1.00 7 137.84
075-088-062-000 1.00 7 137.84
075-088-063-000 1.00 7 137.84
075-089-001-000 1.00 7 137.84
075-089-002-000 1.00 7 137.84
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 26 of 28 APN EDUs Zone Charge
075-089-003-000 1.00 7 137.84
075-089-004-000 1.00 7 137.84
075-089-005-000 1.00 7 137.84
075-089-006-000 1.00 7 137.84
075-089-007-000 1.00 7 137.84
075-089-008-000 1.00 7 137.84
075-089-009-000 1.00 7 137.84
075-089-010-000 1.00 7 137.84
075-089-011-000 1.00 7 137.84
075-089-012-000 1.00 7 137.84
075-089-013-000 1.00 7 137.84
075-089-014-000 1.00 7 137.84
075-089-015-000 1.00 7 137.84
075-089-016-000 1.00 7 137.84
075-089-017-000 1.00 7 137.84
075-089-018-000 1.00 7 137.84
075-089-019-000 1.00 7 137.84
075-089-020-000 1.00 7 137.84
075-089-021-000 1.00 7 137.84
075-089-022-000 1.00 7 137.84
075-089-023-000 1.00 7 137.84
075-089-024-000 1.00 7 137.84
075-089-025-000 1.00 7 137.84
075-089-026-000 1.00 7 137.84
075-089-027-000 1.00 7 137.84
075-089-028-000 1.00 7 137.84
075-089-029-000 1.00 7 137.84
075-089-030-000 1.00 7 137.84
075-089-031-000 1.00 7 137.84
075-089-032-000 1.00 7 137.84
075-089-033-000 1.00 7 137.84
075-089-034-000 1.00 7 137.84
075-089-035-000 1.00 7 137.84
075-089-036-000 1.00 7 137.84
075-089-037-000 1.00 7 137.84
075-089-038-000 1.00 7 137.84
075-089-039-000 1.00 7 137.84
075-089-040-000 1.00 7 137.84
075-089-041-000 1.00 7 137.84
075-089-042-000 1.00 7 137.84
075-089-043-000 1.00 7 137.84
075-089-044-000 1.00 7 137.84
075-089-045-000 1.00 7 137.84
075-089-046-000 1.00 7 137.84
075-089-047-000 1.00 7 137.84
075-089-048-000 1.00 7 137.84
075-089-049-000 1.00 7 137.84
075-089-050-000 1.00 7 137.84
075-089-051-000 1.00 7 137.84
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 27 of 28 APN EDUs Zone Charge
075-089-052-000 1.00 7 137.84
075-089-053-000 1.00 7 137.84
075-089-054-000 1.00 7 137.84
075-089-055-000 1.00 7 137.84
075-089-056-000 1.00 7 137.84
075-089-057-000 1.00 7 137.84
075-089-058-000 1.00 7 137.84
075-090-001-000 1.00 7 137.84
075-090-002-000 1.00 7 137.84
075-090-003-000 1.00 7 137.84
075-090-004-000 1.00 7 137.84
075-090-005-000 1.00 7 137.84
075-090-006-000 1.00 7 137.84
075-090-007-000 1.00 7 137.84
075-090-008-000 1.00 7 137.84
075-090-009-000 1.00 7 137.84
075-090-010-000 1.00 7 137.84
075-090-011-000 1.00 7 137.84
075-090-012-000 1.00 7 137.84
075-090-013-000 1.00 7 137.84
075-090-014-000 1.00 7 137.84
075-090-015-000 1.00 7 137.84
075-090-016-000 1.00 7 137.84
075-090-017-000 1.00 7 137.84
075-090-018-000 1.00 7 137.84
075-090-019-000 1.00 7 137.84
075-090-020-000 1.00 7 137.84
075-090-021-000 1.00 7 137.84
075-090-022-000 1.00 7 137.84
075-090-023-000 1.00 7 137.84
075-090-024-000 1.00 7 137.84
075-090-025-000 1.00 7 137.84
075-090-026-000 1.00 7 137.84
075-090-027-000 1.00 7 137.84
075-090-028-000 1.00 7 137.84
075-090-029-000 1.00 7 137.84
075-090-030-000 1.00 7 137.84
075-090-031-000 1.00 7 137.84
075-090-032-000 1.00 7 137.84
075-090-033-000 1.00 7 137.84
075-090-034-000 1.00 7 137.84
075-090-035-000 1.00 7 137.84
075-090-036-000 1.00 7 137.84
075-090-037-000 1.00 7 137.84
075-090-038-000 1.00 7 137.84
075-090-039-000 1.00 7 137.84
075-090-040-000 1.00 7 137.84
075-090-041-000 1.00 7 137.84
075-090-042-000 1.00 7 137.84
City of Riverbank
2022/2023 Consolidated Lighting and Landscape District Page 28 of 28 APN EDUs Zone Charge
075-090-043-000 1.00 7 137.84
075-090-044-000 1.00 7 137.84
075-090-045-000 1.00 7 137.84
075-090-046-000 1.00 7 137.84
075-090-047-000 1.00 7 137.84
075-090-048-000 1.00 7 137.84
075-090-049-000 1.00 7 137.84
075-090-050-000 1.00 7 137.84
075-090-051-000 1.00 7 137.84
075-090-052-000 1.00 7 137.84
075-090-053-000 1.00 7 137.84
075-090-054-000 1.00 7 137.84
075-090-055-000 1.00 7 137.84
075-090-056-000 1.00 7 137.84
075-090-057-000 1.00 7 137.84
075-090-058-000 1.00 7 137.84
075-090-059-000 1.00 7 137.84
075-090-060-000 1.00 7 137.84
075-090-061-000 1.00 7 137.84
075-090-063-000 1.00 7 137.84
Total: 183.00 $25,224.72
074-018-052-000 1.00 8 $90.64
074-018-055-000 1.00 8 90.64
074-018-056-000 1.00 8 90.64
074-018-057-000 1.00 8 90.64
074-018-058-000 1.00 8 90.64
074-018-059-000 1.00 8 90.64
074-018-060-000 1.00 8 90.64
Total: 7.00 $634.48
*Totals may differ from budget due to rounding.

Page 1 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE RIVERBANK CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; FOR FISCAL YEAR 2022/2023

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City Council, desires to levy and collected annual assessments against parcels of land within said territory designated as “Riverbank Consolidated Landscaping and Lighting District” (hereafter referred to as the “District”) and the Zones therein for Fiscal Year 2022/2023 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to levy and collected the annual assessments for the District for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report that describes the District and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, pursuant to the provisions of the Act; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on June 28, 2022, regarding the District, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY

THE CITY COUNCIL FOR THE CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT AS FOLLOWS:

Section 1 The City Council upon the conclusion of the noticed Public Hearing finds that a written majority protest does not exist, pursuant to the provisions of the Act (Chapter 2, Article 1, Sections 22593 and 22594).

ATTACHMENT 3

Page 2 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-
Section 2 The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District.

Section 3 The City Council has carefully reviewed and examined the Engineer’s Report in connection with the District, and the levy and collection of assessments.

Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto; and, b. The District includes all of the lands so benefited; and, c. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

Section 4 The City Council finds the assessments as outlined in the Engineer’s Report are in compliance with the provisions of California Constitution Article XIIID.

Section 5 The Engineer’s Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

Section 6 The City Council hereby orders the District improvements to be made, which improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping and lighting improvements and appurtenant facilities and expenses associated with the District that were installed as part of property development within the District and that will be maintained by the City of Riverbank or their designee and all such maintenance, operation and servicing of the landscaping and lighting and all appurtenant facilities shall be performed pursuant to the "Act", namely:
• Landscaped slopes, entryways, or other landscaped areas directly associated with the properties within the District;

Page 3 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-
• Parkway and perimeter landscaping adjacent to the District boundaries associated with the residential subdivision and dedicated and accepted by the City of Riverbank for maintenance;
• Public lighting facilities including street lighting, and landscape lighting within public areas;
• All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

Section 7 The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.

Section 8 The County Auditor of Stanislaus shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 9 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the “Riverbank Consolidated Landscaping and Lighting District”, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 6.

Section 10 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

AYES:

NAYS:

ABSENT:

ABSTAINED:

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

Page 1 of 2 ends

Item 10.3 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.3
SECTION 10: PUBLIC HEARING
Meeting Date: June 28, 2022
Subject/ Title: Ridgewood Place Landscaping & Lighting District:
1) Resolution of the City Council of the City of Riverbank, California, Amending and/or Approving the Engineer’s Report for the Ridgewood Place Landscaping and Lighting District; and the Levy and Collection of Annual Assessments related thereto for Fiscal Year 2022/2023.
2) Resolution of the City Council of the City of Riverbank, California Ordering the Levy and Collection of Annual Assessments for the Ridgewood Place Landscaping and Lighting District; for Fiscal Year 2022/2023.

From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Admin. Manager

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for Ridgewood Place Landscape and Lighting District for Fiscal Year 2022/2023.

SUMMARY
The City of Riverbank annually levies and collects special assessments for landscape maintenance, capital improvements, and street lighting. The District was formed in 1998 and is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (“Article XIIID”).

Page 2 of 2 ends

Item 10.3 – CC/LRA – 06/28/2022
The Engineer’s Annual Levy Report for Fiscal Year 2022/2023 has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. The report details the improvements and financial information including the district budgets and proposed annual assessments. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportinate to the parcel’s special benefits. The attached resolutions represent the second steps in the annual levy of assessments on the district for fiscal year 2022/2023. Ridgewood Place Landscape and Lighting District is located in and around Soares Place adjacent to Roselle Avenue. The City is requesting an annual assessment increase of $4.41. This will help to cover the mainteance and administration costs as well as add funds to the reserve
Therefore, it is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for Ridgewood Place Landscape and Lighting District for Fiscal Year 2022/2023.

FISCAL IMPACT
The annual assessment for parcels in the Ridgewood Place Landscape and Lighting District for Fiscal Year 2022/2023 is as follows:

FY 21/22 FY 22/23 Change in Assessment
Annual Parcel Assessments $88.17 $92.58 $4.41
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. Draft City Council Resolution 2022- , Amending and/or Approving the Engineer’s Report

2. Engineer’s Annual Levy Report Ridgewood Place Landscape and Lighting District Fiscal Year 2022/2023

3. Draft City Council Resolution 2022- , Ordering the Levy and Collection of Annual Assessments

Page 1 of 2 ends

CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
AMENDING AND/OR APPROVING THE ENGINEER’S REPORT FOR THE RIDGEWOOD PLACE LANDSCAPING AND LIGHTING DISTRICT; AND THE

LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a Report in connection with the “Ridgewood Place Landscaping and Lighting District” (hereafter referred to as the “District”) and the proposed levy and collection of annual assessments against parcels of land for the fiscal year commencing July 1, 2022 and ending June 30, 2023 and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Riverbank, California and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Ridgewood Place Landscaping and Lighting District, Fiscal Year 2022/2023” as required by the Act; and WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF RIVERBANK, AS FOLLOWS:

Section 1 The Report as presented or as modified, contains the following:
a. A Description of Improvements.
b. A Diagram of the District.

ATTACHMENT 1

Page 2 of 2 ends

Section 4 The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Engineer’s Report – Ridgewood L&L for FY 2022-23 City of Riverbank
Ridgewood Place
Landscaping and Lighting District
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 2

TABLE OF CONTENTS
PART I - OVERVIEW 1
A. INTRODUCTION 1
B. APPLICABLE LEGISLATION 2
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
D. DESCRIPTION OF THE IMPROVEMENTS 4
PART II - PLANS AND SPECIFICATIONS 5
E. CHANGES OR MODIFICATIONS TO THE DISTRICT 5
F. DESCRIPTION OF THE DISTRICT 5
PART III - METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 6
C. ASSESSMENT METHODOLOGY 7
D. ASSESSMENT RANGE FORMULA 8
PART IV - DISTRICT BUDGET FY 2022/2023 10
PART V — DISTRICT BOUNDARY MAPS 11
PART VI — 2022/2023 ASSESSMENT ROLL 14
City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 1 of 15

PART I - OVERVIEW
A. INTRODUCTION
The City of Riverbank (“City”) annually levies and collects special assessments in order to maintain the improvements within the Ridgewood Place Landscape and Lighting District (“District”). The District was formed in 1998 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (“Article XIIID”).

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2022/2023. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will, by resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, and beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2022/2023.

The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 2 of 15 identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

B. APPLICABLE LEGISLATION
The District has been formed and is annually levied pursuant to the 1972 Act, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received.

Compliance with the Current Legislation
All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the Article XIIID, which was enacted with the passage of Proposition 218 in November 1996.

This District was formed after the passage of Proposition 218 and the assessments contained herein were established and approved pursuant to the provisions of the Article XIIID Section 4. Specifically, parcels within the District are assessed for only the reasonable cost of the proportional special benefit conferred on those parcels pursuant to Article XIIID Section 4 (a); and the assessments and assessment range formula described in this report were approved by the property owners at the time of formation through a property owner protest ballot proceeding pursuant to Article XIIID Section 4 (c, d & e).

Briefly, the assessment range formula states that the assessment initially approved by the property owners may be increased each year by the greater of 3.0% or the percentage increase in the Consumer Price Index (“CPI”) to establish an adjusted maximum assessment each year. This adjusted maximum assessment is calculated independently from the actual assessment approved each fiscal year. The proposed assessment for the current fiscal year may be less than or equal to the maximum assessment rate previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment.

Pursuant to the provisions of the Article XIIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding (property owner assessment balloting).

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 3 of 15 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 4 of 15  Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

D. DESCRIPTION OF THE IMPROVEMENTS
The improvements providing benefit to parcels within the District include specific street lighting facilities and landscaped areas originally installed as part of this residential development. The improvements maintained and serviced include five street lights and approximately 583 linear feet of parkway landscaping and any appurtenant facilities, services or improvements directly associated with these improvements including incidental expenses.

The street lighting improvements may include electrical costs, maintenance, repair and replacement of the poles, lights, wires or other equipment associated with the street lights. The street lights are identified as:
 Two street lights located on the perimeter of the development on the west side of Roselle Avenue, one north end of the subdivision and the other south of Soares Place.
 The remaining three street lights are located within the residential subdivision on Soares Place.

The landscape improvements may include street trees, turf, ground cover, shrubs, irrigation and drainage systems, entry monuments, and block walls or other fencing. The landscaped areas are within the public right-of-ways and encompass the parkway landscaped areas the entire length of the Ridgewood Place subdivision along of Roselle Avenue. The landscaped areas are identified as:
 Approximately 213 linear feet of parkway landscaping adjacent to the subdivision along the west side of Roselle Avenue and north of Soares Place.  Approximately 370 linear feet of parkway landscaping adjacent to the subdivision along the west side of Roselle Avenue and south of Soares Place.

All improvements within the District are maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required. The District assessments fund all necessary utilities, operations, services, administration and maintenance costs associated with the improvements. The annual cost of providing the improvements within the District is spread among all benefiting parcels in proportion to the benefits received. The expenditures and assessments set forth in this report are based upon the City’s estimate of the costs associated with the improvements including all labor, personnel, equipment, materials and administrative expenses.

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 5 of 15

PART II - PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and operation of landscaping, street lighting and related services and improvements within the public right-of-ways for the benefit of parcels and properties within the development known as Ridgewood Place within the City.

The District is comprised of a single residential development consisting of twenty-three (23) single-family residential parcels. The district was formed to ensure the ongoing maintenance of local landscaping and lighting improvements associated with this residential subdivision and installed as part of the development of properties within the subdivision. The annual cost and expenses of providing the improvements are equitably spread among only the benefiting parcels within the District.

E. CHANGES OR MODIFICATIONS TO THE DISTRICT
Modifications to the District structure could include but are not limited to:
 Substantial changes or expansion of the improvements provided;  Substantial changes in the service provided;
 Modifications or restructuring of the District or Zones including annexation or detachment of Zones or specific parcels;
 Revisions in the method of apportionment;
 Proposed new or increased assessments.

Some changes or modifications to the District would require the approval of the property owners within the District. No changes or modifications to the District are proposed for Fiscal Year 2022/2023.

F. DESCRIPTION OF THE DISTRICT
The District is located generally on the West Side of Roselle Avenue, north of Morrill Road and south of Turpin Avenue at Soares Place. The District includes twenty-three single family residential parcels within the subdivision known as Ridgewood Place, identified on Book 132 Page 63 parcels 43 through 65 of the Stanislaus County Assessor’s Parcel Maps.

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 6 of 15 “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the District must separate the general benefits from the special benefits.

B. BENEFIT ANALYSIS
Each of the improvements and the associated costs has been carefully reviewed and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements. The installation of the improvements was part of the conditions of property development. The property owners approved the corresponding assessments for the ongoing maintenance of the improvements at the time of formation through a property owner protest ballot proceeding pursuant to the Article XIIID Section 4.

Special Benefits — The method of apportionment (assessment methodology) is based on the premise that each of the assessed parcels within the District receives benefit from the improvements maintained and financed by annual assessments. Specifically, the assessments are for the maintenance of local street lighting and landscaped improvements installed as part of the original. The desirability and security of properties within the District are enhanced by the presence of street lighting and well-maintained landscaping in close proximity to those properties.

The special benefits associated with the local landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements;  Improved aesthetic appeal of properties within the Zones providing a positive representation of the area;
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping;
 Environmental enhancement through improved erosion resistance and dust and debris control;
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties; City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 7 of 15  Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti;
 Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
 Enhanced deterrence of crime and the aid to police protection;  Increased nighttime safety on roads and highways;
 Improved ability of pedestrians and motorists to see;  Improved ingress and egress to property;
 Reduced vandalism and other criminal acts and damage to improvements or property;
 Improved traffic circulation and reduced nighttime accidents and personal property loss;
 Increased promotion of business during nighttime hours in the case of commercial properties.

All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

General Benefits - The improvements to be provided and maintained by the District are a direct result of property development within the District and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the properties being developed and not for the benefit of surrounding properties outside the District boundaries. Although local development improvements (by virtue of their location) may be visible to surrounding properties, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit. Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments. Therefore, it has been determined that the District improvements and the on-going operation and maintenance of those improvements provide no identifiable or measurable general benefit to properties outside the District or to the public at large.

C. ASSESSMENT METHODOLOGY
Equivalent Dwelling Units: To assess benefits equitably, it is necessary to correlate the different type of parcels within the District to each other as well as their relationship to the improvements. The Equivalent Dwelling Unit method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 8 of 15 under the 1972 Act, as the benefit to each parcel from the improvements are typically apportioned as a function of land use type, size and development.

The Equivalent Dwelling Unit method of assessment apportionment uses the single family home site as the basic unit of assessment. A single family home site equals one Equivalent Dwelling Unit (“EDU”). Every other land use is typically converted to EDUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single family home site. Although the EDU method of apportionment is an appropriate method of calculating each parcel’s benefit, it should be noted that all properties within this District are identified as single family home sites and therefore benefit equally with each parcel assigned 1.0 EDU.

The following formulas are used to calculate the annual assessments. The Balance to Levy represents the total amount to be collected through the annual assessments. The Levy per EDU (Assessment Rate) is the result of dividing the total Balance to Levy by the total District EDU. This Assessment Rate multiplied by each parcel’s individual EDU determines each parcel’s levy amount.

Total Balance to Levy / Total EDU = Levy per EDU (also called Assessment Rate) Assessment Rate x Parcel’s EDU = Parcel Levy Amount
Or more simply stated, since all District parcels are 1 EDU:

Total Balance to Levy / Total Assessable Parcels in Zone = Parcel Levy Amount D. ASSESSMENT RANGE FORMULA
Any new or increased assessments require voting, certain noticing, and meeting requirements. Article XIIID added specific requirements including an assessment ballot and weighted tabulation of the ballots to determine if majority protest exists at the Public Hearing. In Fiscal Year 1993/1994 the Brown Act (Government Code Section 54954.6(o)) changed the definition of the term “new or increased assessment” to exclude certain conditions. These conditions included “any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency and approved by the voters in the area where the assessment is imposed.” This definition for a new or increased assessment was also addressed in Senate Bill 919 (the Proposition 218 implementation statutes)
An assessment range formula was proposed and approved for the assessments when the District was formed in Fiscal Year 1998/1999 and is to be applied to all future assessments within the District.

The following describes the proposed assessment range formula:

Wherein, if the proposed assessment rate for each classification of property (levy per unit or rate) for the current fiscal year is less than or equal to the prior year's maximum City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 9 of 15 assessment plus the adjustments described in the following, then the new assessment is not considered an increased assessment. The purpose of establishing an assessment range formula is to provide for reasonable inflationary adjustment to the assessment amounts without requiring costly noticing, balloting, and mailing procedures, which would be added to the District costs and assessments.

Beginning in Fiscal Year 1999/2000, the maximum assessment may be adjusted by the greater of three percent (3.0%) or the percentage increase in the CPI. Each year the City shall compute the percentage difference between the CPI on December 31 of each year and the CPI for the previous December 31 as determined by the Bureau of Labor Statistics for the San Francisco Oakland Hayward Area. This percentage difference shall then establish the range of increased assessments allowed based on the CPI. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The Maximum Assessment for Fiscal Year 2022/2023 is $493.11 which is an increase of

4.24% from prior year’s maximum assessment. However, a rate of $92.58 per EDU will only be levied this year.

The following table illustrates how the assessment range formula is applied. This year, a

4.24% CPI increase is applied since it is greater than a 3.00% increase.

4.24% 3.00% 4.24% $473.03 $20.08 $493.11
New Maximum
Rate
CPI Percentage
Increase
Standard

3.00%
Maximum %
Increase
Allowed
Prior Year’s
Max Rate
Allowed
Adjustment
The fact that an assessment range formula is adopted for District assessments does not require that the adjustment maximum assessment be applied each year nor does it restrict the assessments to the adjusted amount. If the budget and assessments for the District do not require an increase or the increase is less than the maximum allowable adjustment, then the required budget and assessment shall be applied. If the budget and proposed assessments require an increase greater than the maximum allowable adjustment, then the proposed assessment is considered an increased assessment and mailed notices and ballots to the property owners would be required pursuant to the Article XIIID Section 4c.

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 10 of 15 PART IV - DISTRICT BUDGET FY 2022/2023
Ridgewood Total
Landscaping and Lighting District District

DIRECT COSTS
Landscape Maintenance $800
Utilities 200
Repairs/Abatement 500
Street Lighting 100
Miscellaneous/Materials/Equipment 0
Capital Expenditure 0
Direct Costs (Subtotal) $1,600

ADMINISTRATION COSTS
District Administration $2,200
County Administration Fee 35
Administration Costs (Subtotal) $2,235

LEVY BREAKDOWN
Total Direct and Admin. Costs $3,835
Reserve Collection/ (Transfers) (1,706)
Contribution Replenishment 0
Other Revenues/General Fund Contribution 0
CIP Collection/(Transfer) 0
Balance to Levy $2,129

DISTRICT STATISTICS
Total Parcels 23
Total Parcels Levied 23
Total Equivalent Dwelling Units (EDU) 23.00
Assessment Rate (Levy Per EDU) $92.58
Maximum Assessment Rate Approved $493.11

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $8,318
Reserve Fund Activity (1,706)
Ending Reserve Fund Balance (Projected) $6,612
Beginning Capital Improvement Fund $0
Collections/(Transfers) 0
Capital Improvement Expenditures 0
Ending Capital Improvement Fund $0
City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 11 of 15 PART V — DISTRICT BOUNDARY MAPS
The original assessment diagrams and tract maps for the District were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

The boundaries for the District are contiguous with the boundaries of the Ridgewood Place subdivision and defined as the corresponding parcels identified on the Stanislaus County Assessor’s Map. The parcel identification, lines, and dimensions of each parcel within the District are those lines and dimensions shown on the Stanislaus County Assessor’s Map of for the year in which this Report was prepared and by reference are incorporated and made part of this Report.

The following page is a reproduction of the County Assessor’s Parcel Map associated with the District.

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 12 of 15 City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 13 of 15 Boundary and Improvement Diagram Ridgewood Place  Street Lights Landscaped Areas Shaded
City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 14 of 15 PART VI — 2022/2023 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Stanislaus County Assessor's map for the year in which this Report is prepared.

A listing of parcels assessed within this District, along with the assessment amounts, is listed below. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

City of Riverbank
2022/2023 Ridgewood Place Landscaping & Lighting District Page 15 of 15 LLD Ridgewood EDU Charge
132-063-043-000 1.0 $92.58
132-063-044-000 1.0 92.58
132-063-045-000 1.0 92.58
132-063-046-000 1.0 92.58
132-063-047-000 1.0 92.58
132-063-048-000 1.0 92.58
132-063-049-000 1.0 92.58
132-063-050-000 1.0 92.58
132-063-051-000 1.0 92.58
132-063-052-000 1.0 92.58
132-063-053-000 1.0 92.58
132-063-054-000 1.0 92.58
132-063-055-000 1.0 92.58
132-063-056-000 1.0 92.58
132-063-057-000 1.0 92.58
132-063-058-000 1.0 92.58
132-063-059-000 1.0 92.58
132-063-060-000 1.0 92.58
132-063-061-000 1.0 92.58
132-063-062-000 1.0 92.58
132-063-063-000 1.0 92.58
132-063-064-000 1.0 92.58
132-063-065-000 1.0 92.58
Total 23.0 $2,129.34
*Total may differ from budget due to rounding.

Page 1 of 3 ends

City Council / Local Redevelopment Authority / Public Financing AuthorityJune 28, 2022

City Council / Local Redevelopment Authority / Public Financing Authority
June 28, 2022