City Council / Local Redevelopment Authority / Public Financing Authority
December 13, 2022

Precursors”:

Table 3.3-3 Summary of Construction-Generated Emissions of Criteria Air Pollutants and Precursors
Construction Source
Emissions

ROG NOX
PM10 PM2.5 CO SOX
Annual Emissions (tons/year)
2024 0.1 1.0 1.4 0.3 0.1 0.003
2025 0.2 1.6 1.9 0.3 0.1 0.004
2026 0.1 1.4 1.4 0.4 0.1 0.004
SJVAPCD Mass Emission Threshold
(tons/year) 10 10 15 15 100 27
Exceed Significance Threshold? No No No No No No
Daily Emissions (lb/day) 7 5051 20 5 71 <1
SJVAPCD Screening Criteria (lb/day) 100 100 100 100 100 100 Exceed Screening Criteria? No No No No No No
Notes: CO = carbon monoxide; NOX = oxides of nitrogen; PM10 = respirable particulate matter with an aerodynamic diameter of 10 micrometers or less; PM2.5 = fine particulate matter with an aerodynamic resistance diameter of 2.5 micrometers or less; ROG = reactive organic gases; SO X = oxides of sulfur; tpy = tons per year.

Refer to Appendix B for detailed assumptions and modeling output files.

Source: Modeling conducted by Ascent Environmental in 2022.

“Environmental Setting”:

Existing loud noise source emitters for both the project site and nearby sensitive receptors include the railroad track located 45 feet east of the project site, however, according to the DOT Federal Railroad Administration, the track has been closed from operation since 2020 and has not been opened since.

Therefore, no noise would be emitted as the track is not in operation anymore. Additional loud noise sources that exist near the project site include County Highway J7 (Santa Fe Road) located approximately 900 feet east of the project site as well as State Route (SR) 108 (Atchison Street) located approximately 1,780 feet south of the project site.

ATTACHMENTS
Attachment A – Comment Letters
Attachment A
Comment Letters
S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.

To: Michael Riddell, City of Riverbank, Public Works Department From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: September 21, 2022
Local Jurisdiction Project Title: Notice of Availability and Intent to Adopt a Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project
Assessor Parcel Number(s): 247-260-02
Local Jurisdiction Project Number: N/A
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Natural and Multi-Purpose Open Space Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.

Dear Mr. Riddell:

SJCOG, Inc. has reviewed the Notice of Availability and Intent to Adopt a Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project. This project consists of a proposal to upgrade and expand its existing wastewater treatment plant to produce high quality (disinfected tertiary treated) recycled water for use on nearby agricultural lands. The project would include the construction of a new preliminary, secondary, and tertiary treatment and disinfection facilities and a recycled water storage tank, reconfiguration of existing treatment and percolation ponds to provide additional seasonal recycled water storage, installation of a recycled water distribution system, and expansion of treatment capacity to serve planned growth in the City through the year 2050. The City proposes to distribute the recycled water to two adjacent land owners that have expressed interest in receiving recycled water from the project for irrigation of walnut orchards. The project site is located on the north side of the Stanislaus River and west of Santa Fe Road, southeast of the City of Escalon (APN/Address: 247-260-02/23865 Santa Fe Road, Escalon).

San Joaquin County is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.

This project is subject to the SJMSCP and is located within the unmapped land use area. Per requirements of the SJMSCP, unmapped projects are subject to case-by-case review. This can be a 90 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
If this project is approved by the Habitat Technical Advisory Committee and the SJCOG Inc. Board, the following process must occur to participate in the SJMSCP:
▪ Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance ▪ SJMSCP Incidental take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
2 | S J C O G , I n c .
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. ▪ Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.

If you have any questions, please call (209) 235-0600.
3 | S J C O G , I n c .

S J C O G, Inc.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.

DO NOT AUTHORIZE SITE DISTURBANCE

DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.

If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.

Project Title: NOA & Intent to Adopt a Mitigated Neg. Dec. for the Riverbank Regional Recycled Water Project
Assessor Parcel #s: 247-260-02
Local Jurisdiction Contact: Michael Riddell, City of Riverbank The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.

From: Neal Colwell
To: Andrea Shephard
Cc: [email protected]
Subject: FW: Proposed “Recycled Water” Project: Comments Offered for the Record Date: Friday, October 7, 2022 1:58:13 PM
Attachments: KSNImage_a3afe5ac-15e6-4d8d-a624-76f7c4c84037.png SocialLink_Facebook_32x32_7ec02e29-719c-4766-8390-a03ff1bb7f6b.png SocialLink_Instagram_32x32_eaeba684-46e2-4ebc-afdd-e6b82688ba4f.png SocialLink_Linkedin_32x32_c9cf244e-36c5-40f3-8e9a-18061ca28434.png Andrea,
Please review the below comment to the IS/MND and when you have a moment lets discuss process for City responding to comments received.

Neal Colwell
Principal Engineer
1550 Harbor Blvd. Suite 212 West Sacramento CA 95691
p 916 403-5900 f 916 403-5901 m 209 256-3401
[email protected] www.ksninc.com
From: Michael Riddell <[email protected]>
Sent: Friday, October 7, 2022 1:55 PM
To: Neal Colwell <[email protected]>
Subject: Fwd: Proposed “Recycled Water” Project: Comments Offered for the Record CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Neal
Can you please respond to this
Sent from my iPhone
Begin forwarded message:

From: JAMI AGGERS <[email protected]>
Date: October 7, 2022 at 12:20:36 PM PDT
To: Michael Riddell <[email protected]>
Subject: Proposed “Recycled Water” Project: Comments Offered for the Record To Whom It May Concern: My name is Jami Aggers and I reside at 7730 McHenry Ave, Modesto, CA, in the unincorporated area of Stanislaus County. I am commenting on the City’s Notice of Intent regarding a Recycled Water Project; the Public Hearing for which will be held on 12/13/22. Comments are due 10/20/22.

My concern and question is as follows: How much of the proposed expansion of the City’s wastewater treatment plant, which is to cover through the year 2050, is proposed to be done to accommodate growth OUTSIDE the City’s existing approved Sphere of Influence? I am also concerned about the extent of this project to which existing City of Riverbank residents will be compelled to pay for its expansion, nearly doubling their sewer rates within a few years. Please provide extensive details of this information in the staff report for the Public Hearing to be held December 13, 2022.

Thank you, Jami Aggers
Sent from my iPad
October 18, 2022
Michael Riddell
City of Riverbank
Department of Public Works
6707 Third Street
Riverbank, CA 95367
Project: Initial Study/Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project
District CEQA Reference No: 20221319
Dear Mr. Riddell:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) from the City of Riverbank (City) for the above mentioned project. Per the IS/MND, the project consists of upgrading and expanding the existing wastewater treatment plant by constructing new preliminary, secondary, and tertiary treatment and disinfection facilities on a total of 78.88 acres (Project). The Project will also include a recycled water storage tank, reconfiguration of existing treatment and percolation ponds to provide additional seasonal recycled water storage, installation of a recycled water distribution system, and expansion of the treatment capacity to serve planned growth in the City through the year 2050. The Project is located at the existing Riverbank Wastewater Treatment Plan on 23865 Santa Fe Road in Riverbank, CA.

The District offers the following comments regarding the Project:

Project Related Emissions
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

San Joaquin Valley Air Pollution Control District Page 2 of 4 District Reference No: 20221319
October 18, 2022
Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to (209) 557-6446.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the (209) 557-6446.

San Joaquin Valley Air Pollution Control District Page 3 of 4 District Reference No: 20221319
October 18, 2022
District Rule 9510 - Indirect Source Review (ISR)
Per District Rule 9510 section 4.4.3, a development project on a facility whose primary functions are subject to District Rule 2201 or District Rule 2010 are exempt from the requirements of the rule. The District has reviewed the information provided and has determined that the primary functions of this Project are subject to District Rule 2201 (New and Modified Stationary Source Review Rule) or District Rule 2010 (Permits Required). As a result, District Rule 9510 requirements and related fees do not apply to the Project referenced above.

District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx San Joaquin Valley Air Pollution Control District Page 4 of 4 District Reference No: 20221319
October 18, 2022

Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
Project proponent.

If you have any questions or require further information, please contact Harout Sagherian by e-mail at [email protected] or by phone at (559) 230-5860.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
Central Valley Regional Water Quality Control Board
20 October 2022
Michael Riddell
City of Riverbank
6707 Third Street
Riverbank, CA 95367
[email protected]

COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE

DECLARATION, RIVERBANK REGIONAL RECYCLED WATER PROJECT, SCH#2022090345, SAN JOAQUIN AND STANISLAUS COUNTIES
Pursuant to the State Clearinghouse’s 20 September 2022 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project, located in San Joaquin and Stanislaus Counties.

Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore, our comments will address concerns surrounding those issues.

I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.

The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has adopted a Basin Plan amendment in noticed public hearings, it must be approved by the State Water Resources Control Board (State Water Board), Office of Riverbank Regional Recycled - 2 - 20 October 2022
Water Project
San Joaquin and Stanislaus Counties
Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018

05.pdf
In part it states:

Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.

This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.

The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.

II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:

Riverbank Regional Recycled - 3 - 20 October 2022
Water Project
San Joaquin and Stanislaus Counties
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Industrial Storm Water General Permit
Storm water discharges associated with industrial sites must comply with the regulations contained in the Industrial Storm Water General Permit Order No. 2014- 0057-DWQ. For more information on the Industrial Storm Water General Permit, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/centralvalley/water_issues/storm_water/industrial_ge neral_permits/index.shtml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.

Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Riverbank Regional Recycled - 4 - 20 October 2022
Water Project
San Joaquin and Stanislaus Counties
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.

For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project Riverbank Regional Recycled - 5 - 20 October 2022
Water Project
San Joaquin and Stanislaus Counties
will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/ If you have questions regarding these comments, please contact me at (916) 464-4684 or [email protected].

Peter Minkel
Engineering Geologist
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento
From: Michael Riddell
To: Andrea Shephard; Neal Colwell; Marisela Garcia
Subject: Fwd: Proposed "Recycled Water" Project
Date: Thursday, October 20, 2022 5:04:54 PM
Comments for your review
Michael
Sent from my iPhone
Begin forwarded message:

From: Karen Conrotto <[email protected]>
Date: October 20, 2022 at 4:59:42 PM PDT
To: Michael Riddell <[email protected]>
Subject: Proposed "Recycled Water" Project
To Whom It May Concern,
I am commenting on the City's Notice of Intent regarding a Recycled Water Project; the Public Hearing for which will be held on 12/13/22.

My concern and questions are as follows:

How much of the proposed expansion of the City's waste water treatment plant, which is to cover through the year 2050, is proposed to be done to accommodate growth outside of the City's existing approved Sphere of Influence? I am also concerned about the extent of this project to which existing City of Riverbank residents will be compelled to pay for its expansion, nearly doubling their sewer rates within a few years. Please provide details of this information in the staff report for the scheduled Public Hearing.

Thank you,
Karen Conrotto
524 Hogue Rd.

Modesto, CA 95356
Michael Riddell
Comments: Initial Study/Negative Declaration for the Riverbank Regional Recycled Water Project This project will have great impact on the downtown, which is on the south side of the river, however, you did no studies or mitigations on this area. What did you base your mitigatin areas on? Please respond to these comments and questions.

1. The residents and businesses have not been notified of the impacts of the is project on them. Only 2 areas were used in the study--Santa Fe Road in San Joaquin County and River Cove located between the river and Highway 108. The project indicates there well be closure of Santa Fe for construction (pipes). There is no discusion regarding impacts on the bridge and First Steet and Hwy 108. How many trips a day will these areas get from hauling equipment, materials, removing dirt, etc, from excavations and other work? How do you mitigate the increased traffic on an these already crowded bridge and roads?ou

2. The project looks at two quieter areas. The noise levels in downtown are higher from the traffic and the trains. Again this project does not look at the impacts to the downtown. How do you mitigate these impacts at all when it states "Existing loud noise source emitters for both the project site and nearby sensitive receptors include the railroad track located 45 feet east of the project site, however, according to the DOT Federal Railroad Administration, the track has been closed from operation since 2020 and has not been opened since". The BNSF railroad has not onlyy many freight trains and Amtrak trains daily. This brings into questions as to where your information comes from and your lack of any accuracy in this element.

3. The dust and particulates were looked at for San Joaqun County and River Cove only. The winds are usualy from the north or northwest. The downtown and other areas of the city will be impacted from this and the increased traffic on Hwy 108 and First. What toxins and carcinogens will we be expsed to.

How will you mitigate this. The odor when emitted does not stop at the river or-they effect downtown as well. Again your project does not look at the fill impact. How will you mitigate the impact the rest of downtown that is impacted.

4. What will be the impacts to Jacob Meyers Park when Santa Fe Road is closed? How long wil this closure be? How will you mitigate these impacts-and the impacts to the city and other city parks? As in question 2 your information is so incorrect as to state the raileoad is closed!!! It brings onto question the entire document. You need to look at the whole downtown in your mitigation or you ignore the full impact. I would like a response before the public meeting December 13, 2022 Thank you
Evelyn Halbert
20210199.01
November 2022

MITIGATION MONITORING AND REPORTING PROGAM FOR THE
Riverbank Regional
Recycled Water Project
PREPARED FOR:

City of Riverbank
6707 Third Street
Riverbank, CA 95367
209.869.7128

EXHIBIT C

MITIGATION MONITORING AND REPORTING PROGAM FOR THE
Riverbank Regional
Recycled Water Project
Prepared for:

City of Riverbank
Public Works Department
6707 Third Street
Riverbank, CA 95367
Contact:

Michael Riddell
Director of Public Works
209.869.7128
Prepared by:

Ascent Environmental
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Contact:

Andrea Shephard, PhD
Project Manager
916.842.3179
November 2022
20210199.01
City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project i

TABLE OF CONTENTS
Section Page
LIST OF ABBREVIATIONS ........................................................................................................................................................................... II 1 MITIGATION MONITORING AND REPORTING PROGRAM ................................................................................................ 1

1.1 Purpose of Mitigation Monitoring and Reporting Program........................................................................................1

1.2 Roles and Responsibilities ..................................................................................................................................................1

1.3 Mitigation Monitoring and Reporting Program Table .............................................................................................1 Tables
Table 1 Riverbank Regional Recycled Water Project Mitigation Monitoring and Reporting Program .............................. 2 Mitigation Monitoring and Reporting Program City of Riverbank ii Riverbank Regional Recycled Water Project

LIST OF ABBREVIATIONS
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
City City of Riverbank
ESA Endangered Species Act
IS/MND Initial Study/Mitigated Negative Declaration
MMRP mitigation monitoring and reporting program
PMP Paleontological Mitigation Plan
PRC Public Resources Code
SJMSCP San Joaquin County Multi-species Habitat Conservation and Open Space Plan TTC plan temporary traffic control plan
USFWS US Fish and Wildlife Service
WWTP wastewater treatment plant
City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 1
1 MITIGATION MONITORING AND REPORTING PROGRAM
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] Section 21000 et seq.), the City of Riverbank (City) prepared an initial study/mitigated negative declaration (IS/MND) for the Riverbank Regional Recycled Water Project that identified significant impacts and mitigation measures that would reduce the identified impacts to less-than-significant levels, where feasible.

CEQA (PRC Section 21081.6) and the State CEQA Guidelines (Sections 15091[d] and 15097) require public agencies to “adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” This mitigation monitoring and reporting program (MMRP) has been prepared for the proposed project because the IS/MND identifies significant adverse impacts related to project implementation, and mitigation measures have been identified to reduce those impacts. Adoption of this MMRP would occur along with approval of the proposed project.

1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a satisfactory manner before and during project construction and operation, as applicable.

The MMRP table provided below has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies the impact; the individual mitigation measures; the specific actions required before, during, and after construction; the implementing party; and mitigation timing. The table also includes a column to confirm implementation of the mitigation measures after project approval. The numbering of mitigation measures follows the numbering sequence found in the IS/MND. Mitigation measures that are referenced more than once in the IS/MND are not duplicated multiple times in the MMRP table.

1.2 ROLES AND RESPONSIBILITIES
The City is responsible for overall administration of the MMRP and for verifying that the construction contractor or other designated party has completed the necessary actions for each measure. The party responsible for implementing each item will identify the staff members responsible for coordinating with the City on the MMRP.

1.3 MITIGATION MONITORING AND REPORTING PROGRAM TABLE
Table 1, which identifies the mitigation measures applicable to the proposed project, includes the table columns identified and described below:
 Mitigation Measure: This column presents all the mitigation measures identified in the IS/MND, each of which has been adopted and incorporated into the project.
 Action(s): For every mitigation measure, one or more actions are described. The actions delineate the means by which the mitigation measures will be implemented and, in some instances, the criteria for determining whether a measure has been successfully implemented. Where mitigation measures are particularly detailed, the action may refer back to the measure.
 Implementing Party: This column identifies the entity responsible for undertaking the required action.  Timing: Implementation of the action must occur before or during some part of project approval, project design, or project construction or on an ongoing basis. This column identifies the timing for implementation of each mitigation measure.
 Completion of Implementation: The City is responsible for ensuring that mitigation measures are successfully implemented. The “Completion of Implementation” column is to be used by the City to indicate when implementation of a mitigation measure has been completed. The City, at its discretion, may delegate implementation responsibility or portions thereof to qualified consultants or contractors.

Mitigation Monitoring and Reporting Program City of Riverbank 2 Riverbank Regional Recycled Water Project
Table 1 Riverbank Regional Recycled Water Project Mitigation Monitoring and Reporting Program Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation

3.4. Biological Resources
Mitigation Measure 3.4-1: Avoid and Minimize Impacts to Valley Elderberry Longhorn Beetle
To avoid and minimize project impacts to valley elderberry longhorn beetle, the City may obtain approval from the San Joaquin County Council of Governments (SJCOG) Habitat Technical Advisory Committee and Board of Directors for project coverage under the San Joaquin County Multi-species Habitat Conservation and Open Space Plan (SJMSCP), and will implement the following measures consistent with the avoidance and minimization measures in the SJMSCP:
 Indirect impacts to valley elderberry longhorn beetle will be minimized by implementing the following:
 All elderberry shrubs to be avoided during construction activities will be fenced or flagged as close to construction limits as possible.  A minimum avoidance area of at least 20 feet from the dripline of each elderberry plant will be maintained to avoid direct impacts that could damage or kill the plant.
 A qualified biologist will provide training for all contractors, work crews, and any onsite personnel on the status of valley elderberry longhorn beetle, its host plant and habitat, the need to avoid damaging the elderberry shrubs, and the possible penalties for noncompliance.  A qualified biologist will inspect the work area prior to commencement of construction and will monitor the work area at project-appropriate intervals to assure that all avoidance and minimization measures are implemented.
 Project activities, such as truck traffic or other use of machinery, will not create excessive dust on the project site, such that the growth or vigor of elderberry shrubs is adversely affected. Enforcement of a speed-limit and watering dirt roadways are potential methods to minimize excessive dust creation.
 Herbicides will not be used within the dripline of any elderberry shrub.

Insecticides will not be used within 98 feet of any elderberry shrub. All chemicals will be applied using a backpack sprayer or similar direct application method. Mechanical weed removal within the dripline of Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified biologist has
conducted a preconstruction survey and
areas to be avoided are fenced or flagged.

Confirm that worker environmental
awareness training is conducted.

If elderberry shrubs cannot be avoided,
confirm shrubs are transplanted during the
dormant season or new shrubs are planted
within SJMSCP preserves, as appropriate.

If elderberry shrubs cannot be
transplanted, confirm compensation for
loss of habitat.

Perform field-checks, as needed, to
confirm adherence to mitigation measure.

Confirm affected areas are returned to preproject condition.

City of Riverbank
Public Works
Department, in
coordination with
SJCOG if coverage
obtained under
SJMSCP or USFWS
Conduct one-time check of
the construction contract
before contract is executed.

Conduct one-time survey
and any fencing or flagging
before construction begins.

Conduct worker
environmental awareness
training before construction
begins.

Transplant or plant
elderberry shrubs during
dormant season (November
1 through February 15).

Compensate for loss of
elderberry shrubs that
cannot be transplanted
before construction begins.

Conduct field-checks during
construction, as needed, to
confirm adherence to
mitigation measure.

City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 3
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
any elderberry shrub will be limited to the season when adults are not active (August – February) and will avoid damaging the elderberry.  Following completion of construction, affected areas will be returned to pre-project conditions.
 If avoidance of elderberry shrubs is not feasible, the health and vigor of the shrubs could be damaged, which could result in death or injury to valley elderberry longhorn beetles. The City will obtain approval from the SJCOG Habitat Technical Advisory Committee and Board of Directors for project coverage under the SJMSCP or consult with US Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act (ESA) to obtain take coverage and implement required conservation and minimization measures. No elderberry shrub will be trimmed or removed until authorization has been issued. Conservation and minimization measures will include, but may not be limited to, the following:
 Elderberry shrubs that would be directly impacted will be transplanted to a USFWS approved mitigation site during the dormant period for elderberry shrubs (November 1 through February 15).
 If elderberry shrubs without evidence of valley elderberry longhorn beetle exit holes cannot be transplanted, the City will provide compensation within SJMSCP Preserves or other USFWS approved mitigation site at a ratio of at least three new plants for each stem 1 inch in diameter or greater at ground level.
 If elderberry shrubs with evidence of valley elderberry longhorn beetle exit holes cannot be transplanted, the City will provide compensation within SJMSCP Preserves or other USFWS approved mitigation site at a ratio of at least six new plants for each stem 1 inch in diameter or greater at ground level.

Mitigation Measure 3.4-2: Avoid and Minimize Impacts to Western Pond Turtle To avoid potentially significant impacts on western pond turtle, the City may obtain approval from the SJCOG Habitat Technical Advisory Committee and Board of Directors for project coverage under the SJMSCP and will implement the following measures consistent with the avoidance and minimization measures in the SJMSCP. All mitigation listed below will be limited to construction within 0.3 mile of suitable aquatic habitat:
 A preconstruction survey for western pond turtle shall be conducted by a qualified biologist within 48 hours of commencing work in aquatic Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified biologist has
conducted a preconstruction survey.

If pond turtles are observed during coffer
dam installation or draining of the
proposed new outfall location, confirm that
a qualified biologist has relocated them to
the nearest area with suitable aquatic
habitat that will not be disturbed by
City of Riverbank
Public Works
Department, in
coordination with
SJCOG if coverage
obtained under
SJMSCP or CDFW
(if Western Pond
Turtles are
present)
Conduct one-time check of
the construction contract
before contract is executed.

Conduct one-time survey
before construction begins.

Conduct field-checks, as
needed during construction,
to confirm that the qualified
biologist is relocating turtles
and establishing buffers
Mitigation Monitoring and Reporting Program City of Riverbank 4 Riverbank Regional Recycled Water Project
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
habitat suitable for the species. If no pond turtles are observed, no further mitigation is necessary.
 During draining of the existing water storage ponds within the WWTP associated with construction of the project, a qualified biologist shall be present to monitor for presence of western pond turtles. If pond turtles are observed, a qualified biologist, with approval from the California Department of Fish and Wildlife (CDFW), shall relocate pond turtles to the nearest area with suitable aquatic habitat that will not be disturbed by project-related construction activities (i.e., Stanislaus River).  If nesting areas for pond turtles are identified on the project site, a nodisturbance buffer area of 300 feet shall be established around the nesting site (which may be immediately adjacent to the river or extend up to 400 feet away from the river in uplands). These buffers shall be indicated by temporary fencing if construction has or will begin before nesting periods have ended. (The period from egg laying to emergence of hatchlings is normally April to November.)
project-related construction activities.

If nesting areas for pond turtles are
identified on the project site, confirm that a
buffer area of 300 feet is established and
maintained around the nesting site.
around nesting areas as the
need arises.

Conduct field-checks during
construction, as needed, to
confirm that buffers around
nesting areas are established
during the period from egg
laying to emergence of
hatchlings (normally April to
November).

Mitigation Measure 3.4-3: Avoid and Minimize Impacts to Swainson’s Hawk, Coopers Hawk, Osprey, and White-tailed Kite
To avoid, minimize, and mitigate impacts on Swainson’s hawk and white-tailed kite, the City may obtain approval from the SJCOG Habitat Technical Advisory Committee and Board of Directors for project coverage under the SJMSCP or consult with CDFW and obtain take authorization for Swainson’s hawk under California Fish and Game Code Section 2081, and will implement the following measures consistent with the avoidance and minimization measures in the SJMSCP:
 If project activity will commence between February 15 and September 15, a qualified biologist will be retained to conduct preconstruction surveys for active nests on and within 0.5 mile of the project site no more than 14 days and no less than 7 days before work begins.
 If an occupied Swainson’s hawk nest is identified during preconstruction surveys, a 0.25-mile no-disturbance buffer will be established. If an occupied Cooper’s hawk, osprey, or white-tailed kite nest is identified during preconstruction surveys, a no-disturbance buffer of at least 100 feet will be established around the nest. All project activities will be avoided within the buffer area until a qualified biologist confirms that the nest is no longer active or that the young have fully fledged.

Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified biologist has
conducted preconstruction surveys for
active nests on and within 0.5 mile of the
project site if project activity would
commence between February 15 and
September 15.

If an occupied nest is present, confirm that
the appropriate buffer around the nest tree
is established, the size to be determined by
a qualified biologist. Confirm that a
qualified biologist monitors the nest if
activity has potential to adversely affect it.

If construction activities cause the nesting
bird to exhibit agitated behavior, confirm
that the no-disturbance buffer is increased
until the behavior ceases.

City of Riverbank
Public Works
Department, in
coordination with
SJCOG if coverage
obtained under
SJMSCP or CDFW
(if active raptor
nests are present)
Conduct one-time check of
the construction contract
before the contract is
executed.

Conduct preconstruction
surveys for active nests no
more than 14 days and no
less than 7 days before
construction begins if project
activity would commence
between February 15 and
September 15.

Conduct field-checks during
construction, as needed, to
confirm that buffers are
established and, if necessary,
increased and that nests are
monitored during activities in
the vicinity of occupied nests.

City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 5
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
 If a Swainson’s hawk nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of two times the dripline of the tree, measured from the nest, and the nest shall be monitored by a qualified biologist. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases.

Mitigation Measure 3.4-4: Avoid and Minimize Impacts to Other Special-Status Birds
To avoid, minimize, and mitigate impacts on California horned lark, loggerhead shrike, yellow-breasted chat, and yellow warbler nests; burrowing owl burrows; black-crowned night heron, great blue heron, great egret, snowy egret and tricolored blackbird colonies, the City may obtain approval from SJCOG Habitat Technical Advisory Committee and Board of Directors for project coverage under the SJMSCP and will implement the following measures consistent with the avoidance and minimization measures in the SJMSCP:
 A qualified biologist shall conduct a preconstruction survey for any project activity that would occur during the nesting bird season (February 1–August 31) within 500 feet of suitable nesting habitat for special-status birds, including shrubs, riparian vegetation, trees, and barren areas within the WWTP, access road, and pipeline alignment. The survey shall be conducted within 14 days before project activity begins.  If no black-crowned night heron, great blue heron, great egret, snowy egret, or tricolored blackbird colonies, or other special-status nesting birds are found, no further mitigation is required.
 If active black-crowned night heron, great blue heron, great egret, snowy egret, or tricolored blackbird colonies are found, a qualified biologist shall establish a setback of 500 feet from colonial nesting areas for these species, which shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground-disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. Setbacks shall be marked by brightly colored temporary fencing.

Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified biologist has
conducted a preconstruction survey for
any project activity that would occur
during the nesting season and within 500
feet of suitable nesting habitat.

If active nests for loggerhead shrike,
California horned lark, or other nesting
birds are found, confirm that the qualified
biologist has established the appropriate
no-disturbance buffer around the nest
location.

City of Riverbank
Public Works
Department, in
coordination with
SJCOG if coverage
obtained under
SJMSCP or CDFW
(if active raptor
nests are present)
Conduct one-time check of
the construction contract
before the contract is
executed.

Conduct preconstruction
survey during the nesting
season (February 1–August
31) within 14 days before
project activity begins.

Establish no-disturbance
buffers around the nest
locations before construction
begins and maintain for the
period encompassing nest
building and continuing until
fledglings leave the nests.

This setback applies
whenever construction or
other ground-disturbing
activities must begin during
the nesting season in the
presence of nests that are
known to be occupied.

Mitigation Monitoring and Reporting Program City of Riverbank 6 Riverbank Regional Recycled Water Project
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
 If active burrowing owl burrows or California horned lark, loggerhead shrike, song sparrow, yellow-breasted chat, or yellow warbler nests are found, a qualified biologist shall establish a setback of 500 feet from the California horned lark nest, 250 feet from the burrowing owl burrow, or 100 feet from the loggerhead shrike, yellow-breasted chat, or yellow warbler nest as applicable, during the nesting season (February 1–August 31) unless a qualified biologist verifies through non-invasive means that the birds have not begun egg laying, or that juveniles from the occupied burrows or nests are foraging independently and are capable of independent survival. For burrowing owls, once the fledglings are capable of independent survival the owls may be evicted using passive relocation as described in the CDFW’s Staff Report on Burrowing Owl Mitigation.

Mitigation Measure 3.4-5: Avoid and Minimize Impacts to Common Raptors and Other Nesting Birds
The City will implement the following measures to avoid impacts to common raptors and other common nesting birds.
 A qualified biologist shall conduct a preconstruction survey for any project activity that would occur during the nesting bird season (February 1–August 31) within suitable nesting habitat for common raptors and other nesting birds, including shrubs, riparian vegetation, trees, and barren areas within the wastewater treatment plant (WWTP), access road, and pipeline alignment. The survey shall be conducted within 14 days before project activity begins.
 If occupied nests are identified during the preconstruction survey, the qualified biologist shall determine and establish an appropriate nodisturbance buffer based on bird species; listing status; and other factors, including distance from construction activity, type and duration of construction, and whether the nest is within the line of sight of construction activity. The size of the buffer may be adjusted if the qualified biologist determines that such an adjustment would not be likely to adversely affect the nest. Project activities will be avoided within the buffer area until a qualified biologist confirms that the nest is no longer active or that the young have fully fledged.

Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified biologist has
conducted a preconstruction survey for
any project activity that would occur
during the nesting season and within
suitable nesting habitat.

If active nests for common raptors or other
nesting birds are found, confirm that the
qualified biologist has established an
appropriate no-disturbance buffer around
the nest location.

City of Riverbank
Public Works
Department in
coordination with
SJCOG if coverage
obtained under
SJMSCP (if nesting
birds are present)
Conduct one-time check of
the construction contract
before the contract is
executed.

Conduct preconstruction
survey during the nesting
season (February 1–August
31) within 14 days before
project activity begins.

Establish no-disturbance
buffers around the nest
locations before construction
begins and maintain for the
period encompassing nest
building and continuing until
fledglings leave the nests.

This setback applies
whenever construction or
other ground-disturbing
activities must begin during
the nesting season in the
presence of nests that are
known to be occupied.

City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 7
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
Mitigation Measure 3.4-6: Avoid and Minimize Impacts to Western Red Bat Roosts
To avoid and minimize impacts to special-status bat roosts, the City may obtain approval from SJCOG Habitat Technical Advisory Committee and Board of Directors for project coverage under the SJMSCP and will implement the following measures consistent with the avoidance and minimization measures in the SJMSCP:
 Within 14 days prior to initiating work, a qualified bat biologist will inspect the portions of the project site where ground disturbance would occur (i.e., north access road, distribution pipeline alignment, WWTP) and adjacent areas (within 250 feet) for bat roosts (mature trees in the riparian woodland, and mixed oak woodland portions of the project site).

Surveys will consist of a daytime pedestrian survey looking for evidence of bat use (e.g., guano) and/or an evening emergence survey to note the presence or absence of bats within potential roosts. If no bat roosts are found, then no further mitigation will be required.
 If evidence of bat use is observed, the number and species of bats using the roost will be determined. Acoustic bat detectors may be used to supplement survey efforts if needed to determine the species of roosting bats, but are not required.
 If an active western red bat maternity roost is detected, an avoidance buffer of 250-feet will be maintained from May 1 until young are flying (typically through August).
 If roosts of western red bat are determined to be present within the project site and within 250 feet of construction, work may be performed within a 250-foot buffer of the roost outside of the breeding season (May 1 through August 31) when the daytime temperature is 50 degrees Fahrenheit or greater.

Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified bat biologist has
conducted a preconstruction survey for
any project activity that would occur within
250 feet of suitable roosting bat habitat.

If active western red bat maternity roosts
are found, confirm that the qualified bat
biologist has established the appropriate
avoidance buffer around the roost
location.

If western red bat roosts are found within
250 of the project site, confirm that no
construction work is performed outside the
breeding season when daytime
temperatures are less than 50 degrees
Fahrenheit.

Confirm that field-checks are performed,
as needed.

City of Riverbank
Public Works
Department, in
coordination with
SJCOG if coverage
obtained under
SJMSCP (if
roosting bats are
present)
Conduct one-time check of
the construction contract
before the contract is
executed.

Conduct preconstruction
surveys for active roosts no
more than 14 days and no
less than 7 days before work
begins if project activity
would commence between
May 1 and August 31.

Conduct field-checks, as
needed, to confirm that
buffers are established and
that roosts are monitored
during activities in the vicinity
of occupied roosts.

3.5 Cultural Resources
Mitigation Measure 3.5-1: Protect Unanticipated Archaeological Resource Discoveries
In the event that a prehistoric archeological site (such as any unusual amounts of stone, bone, or shell) or a historic-period archaeological site (such as concentrated deposits of bottles or bricks, amethyst glass, or other historic refuse), is uncovered during grading or other construction activities, all grounddisturbing activity within 100 feet of the discovery shall be halted until a qualified Confirm that the mitigation measure is
included in the construction contract.

If any prehistoric or historic-era subsurface
archaeological features or deposits are
encountered during construction, confirm
that all construction activities within a
minimum of 100 feet of the find stop and
City of Riverbank
Public Works
Department in
consultation with
the appropriate
Native American
Tribe, if resources
Conduct one-time check of
the construction contract
before contract is executed.

Field-check as needed to
confirm temporary
construction stoppage within
buffer zone.

Mitigation Monitoring and Reporting Program City of Riverbank 8 Riverbank Regional Recycled Water Project
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
archaeologist can assess the significance of the find. The City will be notified of the potential find and a qualified archeologist shall be retained to investigate its significance. If the find is a prehistoric archeological site, the geographically and culturally affiliated Native American group shall be notified and Mitigation Measure 3.5-1 shall be implemented. Any previously undiscovered resources found during construction will be recorded on appropriate California Department of Parks and Recreation 523 forms and evaluated for significance under all applicable regulatory criteria. If the archaeologist determines that the find does not meet the California Register of Historical Resources standards of significance for cultural resources, construction may proceed. If the find is determined to be significant by the qualified archaeologist (i.e., because the find is determined to constitute either an historical resource or a unique archaeological resource), the archaeologist shall work with the City to follow accepted professional standards such as further testing for evaluation or data recovery, as necessary. If artifacts are recovered from significant historic archaeological resources, they shall be housed at a qualified curation facility. The results of the identification, evaluation, and/or data recovery program for any unanticipated discoveries shall be presented in a professional-quality report that details all methods and findings, evaluates the nature and significance of the resources, and analyzes and interprets the results.
that a qualified professional archaeologist
is contacted. No ground disturbance or
construction work in the vicinity of any
inadvertent discoveries may occur until
evaluation or mitigative treatment, as
applicable, is completed.

If the qualified archaeologist determines
the archaeological material to be Native
American in nature, confirm that the
appropriate California Native American
tribe is contacted for their input on the
preferred treatment of the find. If the find
is determined to be a unique
archaeological resource and it cannot be
avoided, apply appropriate procedures to
protect the integrity of the resource.
are found The archaeologist shall
specify the timing/ frequency
of additional monitoring, as
appropriate.

Conduct one-time check to
confirm that the appropriate
California Native American
tribe is contacted.

Field-check as needed to
confirm that the appropriate
procedures to protect the
integrity of the resource are
applied.

3.7 Geology and Soils
Mitigation Measure 3.7-1: Retain Qualified Paleontologist to Conduct Project Design Review
Prior to completion of project design and the beginning of construction, the City of Riverbank shall retain a qualified paleontologist to review the project plans and all geotechnical reports to determine whether construction activities would affect native sediments containing sensitive paleontological resources.

The qualified paleontologist will provide these findings in writing and provide recommendations for paleontological monitoring during construction, if necessary. If the project would not disturb native soils, no further action would be necessary.

Confirm that the mitigation measure is
included in the construction contract.

Confirm that a qualified paleontologist
completes a review of all project plans and
geotechnical reports.

If the qualified paleontologist determines
that construction activities would affect
native sediments containing sensitive
paleontological resources, confirm that the
paleontologist provides findings and
recommendations for paleontological
monitoring activities during construction in
writing.

City of Riverbank
Public Works
Department
Conduct one-time check of
the construction contract
before contract is executed.

Conduct one-time check to
confirm that all project plans
and geotechnical reports are
reviewed by qualified
paleontologist before project
design is completed and
before construction starts.

If necessary, conduct onetime check to confirm that
paleontologist provides
recommendations for
paleontological monitoring
during construction in writing.

City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 9
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
Mitigation Measure 3.7-2: Prepare Paleontological Resources Impact Mitigation Plan
In the event that construction activities occur in native sediments identified as being sensitive for paleontological resources, the City shall retain a qualified paleontologist to prepare a Paleontological Mitigation Plan (PMP) consistent with the guidelines of the Society of Vertebrate Paleontology. The PMP will be prepared prior to construction and will include requirements for paleontological resource monitoring to inspect exposed rock units during active excavations within geologically sensitive sediments.

Confirm that the mitigation measure is
included in the construction contract.

If construction activities occur in native
sediments identified as being sensitive for
paleontological resources, confirm that a
qualified paleontologist prepares a PMP
consistent with the guidelines of the
Society of Vertebrate Paleontology prior to
construction.

City of Riverbank
Public Works
Department
Conduct one-time check of
the construction contract
before contract is executed.

If necessary, conduct onetime check to confirm that
paleontologist prepares PMP
before construction starts.

Mitigation Measure 3.7-3: Conduct Paleontological Monitoring In the event that construction activities occur in native sediments identified as being sensitive for paleontological resources, the City shall retain a qualified paleontologist prior to construction to monitor grading and trenching activities during construction of the project. The paleontological monitor will have authority to temporarily divert ground-disturbing activities away from exposed fossils to professionally and efficiently recover the fossil specimens and collect associated data. If potentially significant paleontological resources are discovered during ground-disturbing activities, the contractor will stop all work within 60 feet of the discovery until the paleontological monitor can remove the fossils and retrieve associated data. If fossils are collected, they will be transported to a paleontological laboratory for processing where they will be prepared to the point of identification, identified by qualified experts, and listed in a database to facilitate analysis. If discovered, significant specimens will be deposited in a designated paleontological curation facility.

Confirm that the mitigation measure is
included in the construction contract.

If construction activities occur in native
sediments identified as being sensitive for
paleontological resources, confirm that a
qualified paleontologist is retained prior to
construction to perform paleontological
monitoring consistent with the PMP.

If any potentially significant paleontological
resources are discovered during
construction, confirm that all construction
activities within a minimum of 60 feet of
the find stop until the paleontological
monitor can remove the fossils and retrieve
associated data. No ground disturbance or
construction work in the vicinity of any
inadvertent discoveries may occur until
evaluation or mitigative treatment, as
applicable, is completed.

City of Riverbank
Public Works
Department
Conduct one-time check of
the construction contract
before contract is executed.

Field-check as needed to
confirm temporary
construction stoppage within
buffer zone.

Field-check as needed to
confirm that the appropriate
procedures to protect the
integrity of any
paleontological resources are
applied.

3.17 Transportation
Mitigation Measure 3.17-1: Prepare and Implement a Temporary Traffic Control Plan
Before project construction is begun in any existing public roadway rights-ofway, the City shall coordinate with the agency with jurisdictional control of the affected roadway (e.g., County of San Joaquin) to determine the required process, permits, and approvals. Additionally, the construction coordinator shall prepare a temporary traffic control (TTC) plan in accordance with the Prepare TCC plan for construction activities
that includes all of the topics and
information described in Mitigation
Measure 3.17-1.

Confirm that the TTC plan is incorporated
into the construction contract.

City of Riverbank
Public Works
Department in
coordination with
San Joaquin
County
Conduct one-time check of
the construction contract
before contract is executed.

Field-check during
construction as needed to
confirm that the appropriate
traffic control procedures are
Mitigation Monitoring and Reporting Program City of Riverbank 10 Riverbank Regional Recycled Water Project
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
latest edition of the California Manual on Uniform Traffic Control Devices and to the satisfaction of the appropriate agency. The TTC plan shall be subject to review by all affected agencies and, at a minimum, shall:
 describe the proposed work zone (e.g., include a site plan and vicinity map showing right-of-way lines, the centerline, the edge of pavements, the curb, the gutter, the sidewalk, and all existing utilities);  describe the type of work and location clearly (e.g., dimensions relative to the right-of-way, centerline, edge of pavement);
 describe detours and/or lane closures if applicable;
 identify the need for flag-persons where warranted;
 describe appropriate tapers and lengths, signs, and spacing;  describe appropriate channelization devices and spacing;  identify work hours/work days;
 identify proposed speed limit changes if applicable;
 describe roadways affected by the work;
 describe trucks, including the number and size of trucks per day, expected arrival/departure times, and truck circulation patterns;  identify all staging areas; and
 ensure that adequate emergency vehicle access to all surrounding parcels and properties is maintained at all times.

Implement measures detailed in TTC plan.

Perform field-checks to confirm adherence
to TTC plan.
implemented and followed.

3.18 Tribal Cultural Resources
Mitigation Measure 3.18-1: Protect Unanticipated Discoveries of Potential Tribal Cultural Resources
If any suspected tribal cultural resources, including midden soil, artifacts, chipped stone, exotic rock (nonnative), or unusual amounts of baked clay, shell, or bone, are discovered during ground-disturbing construction activities, all work shall cease within 100 feet of the find. Appropriate tribal representative(s) shall be immediately notified and shall determine whether the find is a tribal cultural resource (pursuant to PRC Section 21074). If the find is determined to be a tribal cultural resource, the appropriate tribal representative(s) will make recommendations for further evaluation and treatment, as necessary. If the find is determined not to be a tribal cultural resource as defined in PRC Section 21074, construction may proceed.

Preservation in place is the preferred alternative under CEQA and the tribes’ Confirm that the mitigation measure is
included in the construction contract.

If any suspected tribal cultural resources
are encountered during construction,
confirm that all construction activities
within a minimum of 100 feet of the find
stop and that the appropriate tribal
representative is contacted. No ground
disturbance or construction work in the
vicinity of any inadvertent discoveries may
occur until evaluation or mitigative
treatment, as applicable, is completed.

If the appropriate tribal representative
City of Riverbank
Public Works
Department in
consultation with
the appropriate
Native American
Tribe
Conduct one-time check of
the construction contract
before contract is executed.

Field-check as needed to
confirm temporary
construction stoppage within
buffer zone.

The appropriate tribal
representative shall specify
the timing/ frequency of
additional monitoring, as
appropriate.

Conduct one-time check to
City of Riverbank Mitigation Monitoring and Reporting Program Riverbank Regional Recycled Water Project 11
Mitigation Measure Action(s) Implementing
Party Timing Completion of Implementation
protocols, and every effort must be made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project vicinity where they will not be subject to future impacts. Tribes do not consider curation of tribal cultural resources to be appropriate or respectful and request that materials not be permanently curated unless approved by the tribal representative. Treatment that preserves or restores the cultural character and integrity of a tribal cultural resource may include tribal monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil (soils containing and surrounding the discovery).
determines the archaeological material to
be Native American in nature, apply
appropriate procedures to protect the
integrity of the resource.
confirm that the appropriate
California Native American
tribe is contacted.

Field-check as needed to
confirm that the appropriate
procedures to protect the
integrity of any tribal cultural
resources are applied.

Mitigation Monitoring and Reporting Program City of Riverbank 12 Riverbank Regional Recycled Water Project
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Item 16.1 – CC/LRA 12/13/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 16.1
SECTION 16: NEW BUSINESS
Meeting Date: December 13, 2022
Subject: A Resolution Approving the Memorandum of Understanding between the City of Riverbank and the Riverbank Mid-Management Employees Association for the Term of January 1, 2023 to December 31, 2025, Regarding the Salaries, Benefits, Hours, and Other Terms and Conditions of Employment
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 the City of Riverbank and the Riverbank Mid-Management Employees Association.

SUMMARY
An agreement has been reached between the City of Riverbank and the Riverbank MidManagement Employees Association. This Memorandum of Understanding (MOU) was attained through the good-faith negotiation efforts and mutual consent of both parties. The MOU details the terms and conditions of employment for a three (3) year term of January 1, 2023 through December 31, 2025.

BACKGROUND
The Riverbank Mid-Management Employees Association (“RMMEA”) is comprised of 20 employees which includes mid-management level supervisors and confidential employees.

The current MOU for the RMMEA is set to expire on December 31, 2022. In anticipation of its expiration, City representatives and the RMMEA began good-faith labor negotiations in September of 2022 for terms and conditions of a new MOU.

Item 16.1 – CC/LRA 12/13/2022
During subsequent negotiation meetings, a few proposals were exchanged between the City and the RMMEA before coming to a mutual consent on a Tentative Agreement. The City’s bargaining team strongly believes that the agreed upon Tentative Agreement is the most beneficial to both the City and its Mid-Management employees given the current economic conditions.

At this time, the two parties are requesting the City Council consider the approval of the January 1, 2023 – December 31, 2025 MOU between the City of Riverbank and the Riverbank Mid-Management Employees Association.

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

1. Term of the 3-year agreement (Section 1.03):

January 1, 2023 to December 31, 2025

2. Cost of Living Adjustment (Section 3.01):
a) Seven percent (7%) COLA effective the first full pay period of January 2023. b) Three percent (3%) COLA effective the first full pay period of January 2024. c) Four percent (4%) COLA effective the first full pay period of January 2025.

3. Longevity Pay (Section 3.11):

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

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%)

4. On-Call Compensation (Section 3.09):

Compensation for regularly established on-call service shall be an additional ten (10) hours per week at time and one-half (1½).

Presently compensation is set at time and a half for regular working days and double time for Sundays and Holidays. Employees called out will receive a minimum of two hours time. Employees on call will be provided a City vehicle to take home in order to facilitate response to emergency service request.

Item 16.1 – CC/LRA 12/13/2022

5. COVID-19 Hazard Pay (Section 3.01):

The City shall provide a COVID-19 Essential Worker one-time lump sum payment of $8,500.00 to all bargaining unit members.

6. Safety Boots and Winter Jacket Allowance (Section 6.03):

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.

7. Bilingual Pay (Section 3.13):

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.

8. Deferred Compensation (Section 5.06):

The City currently 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 their account until the employee’s retirement, permanent disability, death, or as allowed by ICMA.

For participating employees covered by this MOU the City shall match the employee’s contribution in an amount not to exceed $100.00 per pay-period, provided that the employee is contributing at least $100.00 per pay-period.

9. Certification Pay (Section 3.12):

The City encourages the professional development of employees and encourages employees to obtain certifications relevant to the employee’s current position. Subject to prior written approval by the City Manager, 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. Waste Water Certification;
E. Pesticide Applicator License Certification.

Item 16.1 – CC/LRA 12/13/2022

10.Paid Holidays | Add Juneteenth Holiday (Section 7.04):

Effective 2023, Juneteenth will be recognized as a Regular Holiday for Pay Purposes.

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

Cost of Living Adjustment $166,200
Longevity Pay $3,200
COVID-19 Hazard Pay $163,900
Boot Allowance $2,250
Bilingual Pay $29,700
Deferred Compensation $49,400
Certification Pay $8,400
Total Cost (All Funds) $423,050

ATTACHMENTS
The following items are attached to this report:

1. Resolution_MM MOU 2023-2025

2. Riverbank Mid-Management Employees Association MOU 2023-2025

CC/LRA – 12/13/2022
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 BETWEEN

THE CITY OF RIVERBANK AND THE RIVERBANK MID-MANAGEMENT
EMPLOYEES ASSOCIATION FOR THE TERM OF JANUARY 1, 2023 TO DECEMBER 31, 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; and
WHEREAS, Title I, Chapter 35 of the Riverbank Municipal 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 drafted and ratified by the authorized representatives of the Riverbank Mid-Management Employees Association; and
WHEREAS, the City Council of the City of Riverbank desires to adopt such Memorandum of Understanding effective January 1, 2023 - December 31, 2025.

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 13TH day of December, 2022; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

ATTACHMENT 1

CC/LRA – 12/13/2022
CC Resolution 2022-
NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment(s): Riverbank Mid-Management Employees Association MOU 2023-2025

MEMORANDUM

OF UNDERSTANDING
between

THE CITY OF RIVERBANK
AND

THE RIVERBANK MID-MANAGEMENT

EMPLOYEES ASSOCIATION
JANUARY 1, 2023 – DECEMBER 31, 2025
ATTACHMENT 2
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
2 This Page Intentionally Left Blank
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
3 RIVERBANK MID-MANAGEMENT EMPLOYESS 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 – Hours Of Work__________________________________________________8

2.01 Standard Work Periods............................................................................................... 8

2.02 Flexible Work Schedule.............................................................................................. 8

2.02 Exceptions to Standard Work Periods ........................................................................ 8

2.03 Pay Periods ................................................................................................................ 9 Section 3.00 –Salary And Compensation ________________________________________9

3.01 Salary Adjustments..................................................................................................... 9

3.02 Employee Compensation Plan.................................................................................... 9

3.03 Computation of Salary ................................................................................................ 9

3.04 Application of Salary Ranges and Rates....................................................................10

3.05 Deductions ................................................................................................................11

3.06 Overtime Policy .........................................................................................................11

3.07 Compensatory Time ..................................................................................................11

3.08 Callback Compensation.............................................................................................12

3.09 On-Call Compensation ..............................................................................................12

3.10 Attendance of Training Courses ................................................................................12

3.11 Longevity Pay............................................................................................................12

3.12 Certification Pay ........................................................................................................13

3.13 Bilingual Pay..............................................................................................................13 Section 4.00 – Probationary Period ____________________________________________13

4.01 Probationary Period...................................................................................................13

4.02 Objective of Probationary Period ...............................................................................13

4.03 Rejection of Probationer ............................................................................................14

4.04 Rejection Following Promotion ..................................................................................14 Section 5.00 – Benefits ______________________________________________________14

5.01 Health Benefits ..........................................................................................................14

5.02 Health Benefits CAP..................................................................................................15

5.03 PERS Retirement ......................................................................................................16

5.04 Life Insurance............................................................................................................16

5.05 Employee Assistance Program..................................................................................17

5.06 Deferred Compensation.............................................................................................17

TABLE OF CONTENTS
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
4 5.07 LIUNA National (Industrial) Pension Fund .................................................................17 Section 6.00 – Reimbursements_______________________________________________17

6.01 Tuition Reimbursement..............................................................................................17

6.02 Mileage Reimbursement............................................................................................18

6.03 Safety Boots and Winter Jacket Reimbursement .......................................................18

6.04 Personal Property Reimbursement............................................................................18 Section 7.00 – Leaves Of Absence_____________________________________________19

7.01 Attendance ................................................................................................................19

7.02 Sick Leave.................................................................................................................19

7.03 Vacation ....................................................................................................................20

7.04 Paid Holidays ............................................................................................................22

7.05 Management Floating Holiday ...................................................................................23

7.06 Mid-Management Exempt Leave ...............................................................................23

7.07 Bereavement Leave...................................................................................................23

7.08 Workers’ Compensation Leave..................................................................................23

7.09 Military Leave ............................................................................................................24

7.10 Family Leave Acts .....................................................................................................24

7.11 Pregnancy Disability Leave........................................................................................24

7.12 Employee’s Time Off to Vote .....................................................................................24

7.13 Jury Duty and Subpoenas Leave...............................................................................25

7.14 Leave of Absence Without Pay..................................................................................25

7.15 Absence Without Leave.............................................................................................25 Section 8.00 – Personnel Practices ____________________________________________25

8.01 Performance Appraisals ............................................................................................25

8.02 Transfers ...................................................................................................................26

8.03 Promotions ................................................................................................................26

8.04 Demotions .................................................................................................................26

8.05 Reinstatement ...........................................................................................................26

8.06 Terminations..............................................................................................................26

8.07 Reappointments ........................................................................................................27 Section 9.00 – Disciplinary Proceedings ________________________________________27

9.01 Disciplinary Action; Definition.....................................................................................27

9.02 Causes For Disciplinary Action ..................................................................................27

9.03 Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents......28

9.04 Right Of Appeal: Form...............................................................................................29

9.05 Hearing......................................................................................................................29

9.06 Representation ..........................................................................................................29

9.07 Notices To Witnesses: Cost......................................................................................29

9.08 Failure Of Employee To Appear At Hearing...............................................................29

9.09 Decisions...................................................................................................................30

9.10 Effect Of Certain Disciplinary Actions ........................................................................30 Section 10.00 – Grievance Procedures _________________________________________30 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
5 10.01 Purpose .................................................................................................................30

10.02 Matters Subject to Grievance Procedure................................................................31

10.03 Informal Grievance Procedure ...............................................................................31

10.04 Formal Grievance Procedure.................................................................................31

10.05 Conduct Of Grievance Procedure ..........................................................................31 Section 11.00 – Employer – Employee Relations _________________________________32

11.01 Purpose .................................................................................................................32

11.02 Definitions..............................................................................................................32

11.03 Designation and Recognition of Bargaining Representative...................................33

11.04 Bargaining Procedure ............................................................................................34

11.05 Scope of Representation .......................................................................................35

11.06 Rights and Duties of Conference Representatives and Recognized Employee Organizations........................................................................................................................35

11.07 No Discrimination...................................................................................................36

11.08 Classifications Restricted from Representing Recognized Employee Organizations 36 11.09 Savings Clause......................................................................................................36

11.10 Association Orientation..........................................................................................36 Section 12.00 – Miscellaneous Provisions ______________________________________36

12.01 Outside Employment .............................................................................................36

12.02 Uniforms ................................................................................................................37

12.03 Contracting Unit Work............................................................................................37 Section 13.00 – Agreement ___________________________________________________37

13.01 Entire Agreement...................................................................................................37

13.02 Severability of Provisions.......................................................................................37

13.03 Modifications, Amendments and Revisions............................................................37

13.04 Ratification.............................................................................................................38 appendecis ________________________________________________________________41 Appendix A............................................................................................................................42 Appendix B............................................................................................................................44 Appendix C ...........................................................................................................................46 Appendix D ...........................................................................................................................48 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
6 This Page Intentionally Left Blank
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
7 Agreement Between

CITY OF RIVERBANK AND

RIVERBANK MID-MANAGEMENT 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 Riverbank Mid-Management Employees Association, hereinafter referred to as the “Association”, 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 is effective January 1, 2023 continuing through 11:59 p.m., December 31, 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 follow occurs:

A) The City experiences unforeseen economic difficulties; or Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
8 B) The City desires to change its current group health benefits provider and seeks to move to a defined employer contribution rather than the percentage based agreement.

In the event that the City reopens this agreement, the parties will be able to restart good faith negotiations regarding the terms of the agreement, including exhausting all applicable impasse procedures.

SECTION 2.00 – HOURS OF WORK

2.01 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.

Upon approval of the Department Head and employees may arrange to work an alternative work schedule. This schedule provides for a starting time other than the normal starting time on each workday and a quitting time other than the normal quitting time on each workday and shall consist of eight-hour workdays to be worked within five consecutive days.

2.02 Flexible Work Schedule
Employees may request in writing to their Department Head to work a flexible work schedule.

This schedule provides for a starting time other than the normal starting time on each workday and a quitting time other than the normal quitting time on each workday and may be of eight-hour workdays to be worked within five consecutive days, a 4/10 work schedule that shall consist of four (4) consecutive ten (10) hour workdays followed by three (3) consecutive days off, or a 9/80 work schedule that shall consist of five (5) consecutive workdays during which the employee works nine (9) hour workdays for four (4) days and eight (8) hours for one day followed by two (2) consecutive day off; followed by four (4) consecutive nine (9) hour workdays followed by three (3) consecutive days off. Department Heads will review requests for flexible work schedules, on a case-by-case basis, and will consider the following criteria:
a) productivity and service to the public will not be decreased; b) that there will be no adverse effects on the operation of any City department or division; and
c) with due regard to the wishes of the employee.

The Department Head has the sole discretion to approve, not approve and/or cancel alternative and flexible schedules. If the schedule is cancelled the employee shall be reassigned to their original work schedule. A five workday notice shall be given to the employee prior to modification or cancellation of schedule.

2.02 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 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
9 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.)

2.03 Pay Periods
The pay period for all employees shall be bi-weekly and salaries will be paid every other Wednesday 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 normally be paid on the regular day following the date of termination and upon written clearance of 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 3.00 –SALARY AND COMPENSATION

3.01 Salary Adjustments
During the term of this agreement the City agrees to adjust salary ranges of all job classifications covered by this MOU as follows:
• Following ratification and approval of this MOU, effective the first full pay period in January 2023, the salary ranges shall be increased as provided in Appendix B to reflect a seven percent (7%) cost of living adjustment (COLA).

The City will also provide all employees in the bargaining unit with a one-time lump sum payment of $8,500.00 for essential worker pay. It is the parties’ intent that this will not be PERSable.
• Effective in the first full pay period of January 2024 the salary ranges shall be increased as provided in Appendix C to reflect a three percent (3%) cost of living adjustment (COLA).
• Effective in the first full pay period of January 2025 the salary ranges shall be increased as provided in Appendix D to reflect a three percent (4%) cost of living adjustment (COLA).

3.02 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 appended hereto as Appendix “B”, “C”, and “D”.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
10 3.03 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.

3.04 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 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: Advancement to Step “B” in a salary range shall be automatic and effective on the first day of the payroll period following satisfactory completion of six (6) months of service.
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 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
11 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 coinciding with or following the employee’s promotion or demotion.

3.05 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.

3.06 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.

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 §2.02 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.

3.07 Compensatory Time
A. Compensatory Time Cash-Out
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
12 Compensatory time may be “cashed in” once a year for a total of forty (40) hours only if the employee has at least forty (40) hours of compensatory time on the books. 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.

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.

3.08 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 §3.09.

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.

3.09 On-Call Compensation
Compensation for regularly established emergency on-call service shall be in the amount set forth in the Employee Compensation Plan.

Compensation for regularly established on-call service shall be an additional ten (10) hours per week at time and one-half (1½).

Presently compensation is set at time and a half for regular working days and double time for Sundays and Holidays. Employees called out will receive a minimum of two hours time.

Employees on call will be provided a City vehicle to take home in order to facilitate response to emergency service request.

3.10 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.

3.11 Longevity Pay
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
13 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 2.5%
13 but less than 20 additional 2.5% (total of 5%)
20 but less than 25 additional 2.5% (total of 7.5%)
25+ additional 2.5% (total of 10%)
The total longevity pay increase any employee can receive during their term of employment is ten percent (10%). Longevity Pay compensation shall be effective the first full pay period following the employees’ eligibility criteria.

3.12 Certification Pay
The City encourages the professional development of employees and encourages employees to obtain certifications relevant to the employee’s current position. Subject to prior written approval by the City Manager, 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. Waste Water Certification;
E. Pesticide Applicator License Certification.

3.13 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. Bilingual pay does not count as an incentive pay for the cap in section

3.12. SECTION 4.00 – PROBATIONARY PERIOD

4.01 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.

4.02 Objective of Probationary Period
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
14 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.

4.03 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.

4.04 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 9.00 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.

SECTION 5.00 – BENEFITS

5.01 Health Benefits
During the term of 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 section group health benefits shall include medical, dental and vision insurance. During the term of this agreement, the City reserves the right to change group health benefits providers and the parties shall meet regarding any such change.

A. Medical
The City currently offers two medical insurance plans, one through Kaiser Permanente and the other through Sutter Health to eligible employees and their eligible dependents. The employee and their eligible dependents will be enrolled in the medical 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
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 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
15 last day of the month in which the employee is on paid status prior to separation from employment with the City.

Employees enrolled in either plan shall be responsible for 100% of their respective annual out-of-pocket and co-pay costs as required by the medical insurance plan.

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

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 payment 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
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.

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
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.

5.02 Health Benefits CAP
Effective January 1, 2006 through the term of this labor agreement, employees who are currently enrolled in the single plan for medical coverage shall receive a credit of $250. Employees whose Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
16 coverage status changes from single coverage to family coverage will not be eligible for the $250 credit.

Employees who change their coverage status after July 1, 2005 from family coverage to single coverage will not be eligible for the $250 credit.

New employees with single medical coverage hired after July 1, 2005 will not be eligible for the $250 credit.

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 of the credit.

5.03 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 course of this agreement, the City will create an Advisory Committee to discuss and potentially address the City’s ongoing retirement liability. The Association will be provided a seat on the Committee.

5.04 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). This policy also provides accidental death and dismemberment benefit for the Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
17 employee in an amount not to exceed fifty thousand dollars ($50,000). 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.

5.05 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.

5.06 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. For participating employees covered by this MOU the City shall match the employee’s contribution in an amount not to exceed $100.00 per pay-period, provided that the employee is contributing at least $100.00 per pay-period.

5.07 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 up to forty (40) hours per week of budgeted/approved work hours that the employee is on paid status.

Contributions to the Pension Fund shall be as follows:
• 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 LIUNA National (Industrial) Pension Fund. • 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 weekly.
• 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 Association nor the City shall be obligated to reopen or renegotiate any of the provisions of this agreement.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
18 SECTION 6.00 – REIMBURSEMENTS

6.01 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 the cost of 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.

If an employee leaves the City service within one (1) year after the completion of any course paid for by the City, the cost of such course, textbooks and other course materials shall be deducted from the employee’s last paycheck.

6.02 Mileage Reimbursement
City employees may receive compensation for use of their personal vehicle in business.

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.

6.03 Safety Boots and Winter Jacket Reimbursement
Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, boot protectant and/or winter jacket, the jacket must be bright orange 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.

6.04 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
19 No costs should be incurred by the City when it has demonstrated that loss or damage was due to personal negligence.

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 7.00 – LEAVES OF ABSENCE

7.01 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.

7.02 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
20 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.
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 nine (9) hours of unused annual sick leave (12 days are accumulated each year) if the following conditions are met:
• Must have a minimum of 200 hours in their sick leave bank; • Must not have used more than forty (40) hours during the previous fiscal year; • If the aforementioned criteria has been satisfied, the employee is eligible to cash-out nine (9) hours of their remaining hours accrued during the year.

7.03 Vacation
A. Use of Vacation
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
21 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.

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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
22 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.

G. Vacation Cash Out
Employees covered by this MOU may cash out a maximum of forty (40) hours of accrued vacation leave once per fiscal year. Vacation cash out shall only be requested during the first full pay period in July of each fiscal year. To be eligible for vacation cash out the following criteria must be met:
• Vacation cash out must be done in forty (40) hour increments. • Employee must have taken a minimum of thirty six (36) hours of consecutive vacation leave the prior fiscal year.
• After cash out the employee’s accrued vacation leave balance must be a minimum of 250 hours.

7.04 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 3
rd Monday in January

3. President’s Day 3
rd Monday in February

4. Memorial Day Last Monday in May

5. Independence Day July 4th

6. Labor Day 1
st Monday in September

7. Veteran’s Day November 11

8. Thanksgiving Day 4
th Thursday in November

9. Day After Thanksgiving 4
th Friday in November

10. Christmas Eve December 24

11. Christmas Day December 25

12. New Year’s Eve December 31

13. Floating Holiday – Three (3) Employee’s Choice

14. Juneteenth (Effective 2023) June 19
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
23 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.

7.05 Management Floating Holiday
Eligible employees covered by this MOU shall be entitled to eight (8) hours of management/confidential leave per fiscal year. Management/confidential leave cannot be cashed-out, it must be used during the fiscal year or it will be removed from the employees’ account balances.

7.06 Mid-Management Exempt Leave
Exempt employees covered by this MOU shall be entitled to forty-eight (48) hours of midmanagement exempt leave per fiscal year. Unused mid-management exempt leave cannot be carried over from one fiscal year to the next, it must be used during the fiscal year in which it is earned. Unused mid-management exempt leave cannot be cashed-out.

7.07 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-in-law (current), and mother and father-in-law (current), 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 §7.14.

7.08 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
24 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 advance of City of Riverbank Request for Leave form.

7.09 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.

7.10 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.

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

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
25 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.

7.12 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.

7.13 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 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.

7.14 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.

7.15 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
26 SECTION 8.00 – PERSONNEL PRACTICES

8.01 Performance Appraisals
A. Regular Employee
A performance appraisal of each regular employee shall be made annually at or near the anniversary date of the employee’s hire.

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.

8.02 Transfers
Any employee may be transferred from one department or division to another.

8.03 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.

8.04 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 §9.02, 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 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
27 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 §9.04, et seq.

8.05 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.

8.06 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 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 §9.04 et se. Such cause may be other than cause for disciplinary action set forth in §9.02, et seq. and may include, but not be limited to, inefficiency and incompetency.

8.07 Reappointments
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
28 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 9.00 – DISCIPLINARY PROCEEDINGS

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

9.02 Causes 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.

9.03 Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
29 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.

9.04 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 §9.03. 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.

9.05 Hearing
The Chief Personnel Officer shall conduct a hearing on an appeal filed in accordance with §9.04 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
30 9.06 Representation
Any City employee other than those appointed to supervisory, management, and confidential classifications as provided in §18.08 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.

9.07 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.

9.08 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.

9.09 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.

9.10 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
31 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 §8.06 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 10.00 – GRIEVANCE PROCEDURES

10.01 Purpose
Grievance procedures for employees are provided herein:

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.

10.02 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 9.00.

10.03 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.

10.04 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, Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
32 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 twentyfive (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.

10.05 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.

SECTION 11.00 – EMPLOYER – EMPLOYEE RELATIONS

11.01 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 employeremployee 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.

11.02 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
33 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:
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.
3) Representational Unit shall mean a unit as established by §11.03(B) of this Section.

11.03 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
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
34 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.

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.

11.04 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 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
35 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.

11.05 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.

11.06 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:

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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
36 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.

11.07 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, non-membership, 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, nonmembership, or participation in the activities of any lawful organization.

11.08 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.

Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
37 11.09 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.

11.10 – Association Orientation
Every 120 days starting January 1, the City shall provide the Association with a roster of current bargaining unit employees, identifying whether they are Association member. The City will provide two business days’ notice prior to the orientation of a new bargaining unit employee.

SECTION 12.00 – MISCELLANEOUS PROVISIONS

12.01 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 re-submitted prior to January 10th each year to maintain a valid, continuous authorization.

12.02 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.

12.03 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 13.00 – AGREEMENT
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
38 13.01 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.

13.02 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.

13.03 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.

13.04 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 Association.

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40 SIGNATURES
For the Riverbank Mid-Management
For the City of Riverbank Employees Association
Marisela H. Garcia Ron Werner, Interim President
City Manager RMMEA
Melissa Holdaway, Secretary
RMMEA
Antonio Arguelles
Labor Representative
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41 APPENDECIS
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42 Appendix A
City of Riverbank
Position Classifications and Salary Ranges
Classification Title Salary Range
Accountant 125
Assistant Finance Director 166
Administrative Analyst II 128
Administrative Assistant/Confidential 111
Building Official 155
City Clerk 156
City Planner 174
Development Services Administrative Manager 166
Human Resources Analyst 146
Human Services Specialist/Administrative Analyst II 128 Park & Facilities Maintenance Supervisor 123
Planning & Building Manager 176
Public Works Superintendent 169
Public Works Supervisor 132
Recreation Supervisor 125
Senior Building Inspector 140
Senior Construction Inspector 155
Senior Community Development Specialist 122
Senior Management Analyst 146
Senior Neighborhood Improvement Officer 122
Senior Project Coordinator 128
Wastewater Treatment Plant Supervisor 132
Water Supervisor 132
Riverbank Mid-Management Employees Association MOU 2023-2025 Revised: 2022-11
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Riverbank Mid-Management Employees Association MOU 2023-2025 Revised:
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44 Appendix B
City of Riverbank
Employee Compensation Plan
Effective January 13, 2023
Classification Range

MONTHLY SALARY STEPS

A B C D E
Accountant 125 5,604.71 5,884.95 6,179.20 6,488.16 6,812.57 Assistant Finance Director 166 8,428.13 8,849.54 9,292.02 9,756.62 10,244.45 Administrative Analyst II 128 5,774.55 6,063.28 6,366.44 6,684.76 7,019.00 Administrative Assistant/Confidential 111 4,875.89 5,119.68 5,375.66 5,644.44 5,926.66 Building Official 155 7,554.32 7,932.04 8,328.64 8,745.07 9,182.32 City Clerk 156 7,629.88 8,011.37 8,411.94 8,832.54 9,274.17 City Planner 174 9,126.43 9,582.75 10,061.89 10,564.98 11,093.23 Development Services Administrative
Manager 166 8,428.13 8,849.54 9,292.02 9,756.62 10,244.45 Human Resources Analyst 146 6,907.20 7,252.56 7,615.19 7,995.95 8,395.75 Human Services Specialist
/Administrative Analyst II 128 5,774.55 6,063.28 6,366.44 6,684.76 7,019.00 Parks & Facilities Maintenance
Supervisor 123 5,494.29 5,769.00 6,057.45 6,360.32 6,678.34 Planning & Building Manager 176 9,309.87 9,775.36 10,264.13 10,777.34 11,316.21 Public Works Superintendent 169 8,683.50 9,117.68 9,573.56 10,052.24 10,554.85 Public Works Supervisor 132 6,009.01 6,309.46 6,624.93 6,956.18 7,303.99 Recreation Supervisor 125 5,604.71 5,884.95 6,179.20 6,488.16 6,812.57 Senior Building Inspector 140 6,506.89 6,832.23 7,173.84 7,532.53 7,909.16 Senior Construction Inspector 155 7,554.32 7,932.04 8,328.64 8,745.07 9,182.32 Senior Community Development
Specialist 122 5,439.88 5,711.87 5,997.46 6,297.33 6,612.20 Senior Management Analyst 146 6,907.20 7,252.56 7,615.19 7,995.95 8,395.75 Senior Neighborhood Improvement
Officer 122 5,439.88 5,711.87 5,997.46 6,297.33 6,612.20 Senior Project Coordinator 128 5,774.55 6,063.28 6,366.44 6,684.76 7,019.00 Waste Water Treatment Plant
Supervisor 132 6,009.01 6,309.46 6,624.93 6,956.18 7,303.99 Water Supervisor 132 6,009.01 6,309.46 6,624.93 6,956.18 7,303.99 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised:
2022-11
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2022-11
46 Appendix C
City of Riverbank
Employee Compensation Plan
Effective January 12, 2024
Classification Range

MONTHLY SALARY STEPS

A B C D E
Accountant 125 5,772.85 6,061.49 6,364.56 6,682.79 7,016.93 Assistant Finance Director 166 8,680.97 9,115.02 9,570.77 10,049.31 10,551.78 Administrative Analyst II 128 5,947.79 6,245.18 6,557.44 6,885.31 7,229.58 Administrative Assistant/Confidential 111 5,022.17 5,273.28 5,536.94 5,813.79 6,104.48 Building Official 155 7,780.95 8,170.00 8,578.50 9,007.43 9,457.80 City Clerk 156 7,858.78 8,251.72 8,664.31 9,097.53 9,552.41 City Planner 174 9,400.22 9,870.23 10,363.74 10,881.93 11,426.03 Development Services Administrative
Manager 166 8,680.97 9,115.02 9,570.77 10,049.31 10,551.78 Human Resources Analyst 146 5,772.85 6,061.49 6,364.56 6,682.79 7,016.93 Human Services Specialist
/Administrative Analyst II 128 5,947.79 6,245.18 6,557.44 6,885.31 7,229.58 Parks & Facilities Maintenance
Supervisor 123 5,659.12 5,942.08 6,239.18 6,551.14 6,878.70 Planning & Building Manager 176 9,589.17 10,068.63 10,572.06 11,100.66 11,655.69 Public Works Superintendent 169 8,944.01 9,391.21 9,860.77 10,353.81 10,871.50 Public Works Supervisor 132 6,189.28 6,498.74 6,823.68 7,164.86 7,523.10 Recreation Supervisor 125 5,772.85 6,061.49 6,364.56 6,682.79 7,016.93 Senior Building Inspector 140 6,702.10 7,037.21 7,389.07 7,758.52 8,146.45 Senior Construction Inspector 155 7,780.95 8,170.00 8,578.50 9,007.43 9,457.80 Senior Community Development
Specialist 122 5,603.08 5,883.23 6,177.39 6,486.26 6,810.57 Senior Management Analyst 146 7,114.42 7,470.14 7,843.65 8,235.83 8,647.62 Senior Neighborhood Improvement
Officer 122 5,603.08 5,883.23 6,177.39 6,486.26 6,810.57 Senior Project Coordinator 128 5,947.79 6,245.18 6,557.44 6,885.31 7,229.58 Waste Water Treatment Plant
Supervisor 132 6,189.28 6,498.74 6,823.68 7,164.86 7,523.10 Water Supervisor 132 6,189.28 6,498.74 6,823.68 7,164.86 7,523.10 Riverbank Mid-Management Employees Association MOU 2023-2025 Revised:
2022-11
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48 Appendix D
City of Riverbank
Employee Compensation Plan
Effective January 10, 2025

Classification Range

MONTHLY SALARY STEPS

A B C D E
Accountant 125 6,003.76 6,303.95 6,619.15 6,950.11 7,297.62 Assistant Finance Director 166 9,028.21 9,479.62 9,953.60 10,451.28 10,973.84 Administrative Analyst II 128 6,185.70 6,494.99 6,819.74 7,160.73 7,518.77 Administrative Assistant/Confidential 111 5,223.06 5,484.21 5,758.42 6,046.34 6,348.66 Building Official 155 8,092.19 8,496.80 8,921.64 9,367.72 9,836.11 City Clerk 156 8,173.13 8,581.79 9,010.88 9,461.42 9,934.49 City Planner 174 9,776.23 10,265.04 10,778.29 11,317.20 11,883.06 Development Services Administrative
Manager 166 9,028.21 9,479.62 9,953.60 10,451.28 10,973.84 Human Resources Analyst 146 7,399.00 6,303.95 6,619.15 6,950.11 7,297.62 Human Services Specialist
/Administrative Analyst II 128 6,185.70 6,494.99 6,819.74 7,160.73 7,518.77 Parks & Facilities Maintenance
Supervisor 123 5,885.48 6,179.75 6,488.74 6,813.18 7,153.84 Planning & Building Manager 176 9,972.74 10,471.38 10,994.95 11,544.70 12,121.94 Public Works Superintendent 169 9,301.77 9,766.86 10,255.20 10,767.96 11,306.36 Public Works Supervisor 132 6,436.85 6,758.69 7,096.62 7,451.45 7,824.02 Recreation Supervisor 125 6,003.76 6,303.95 6,619.15 6,950.11 7,297.62 Senior Building Inspector 140 6,970.18 7,318.69 7,684.62 8,068.85 8,472.29 Senior Construction Inspector 155 8,092.19 8,496.80 8,921.64 9,367.72 9,836.11 Senior Community Development
Specialist 122 5,827.20 6,118.56 6,424.49 6,745.71 7,083.00 Senior Management Analyst 146 7,399.00 7,768.95 8,157.40 8,565.27 8,993.53 Senior Neighborhood Improvement
Officer 122 5,827.20 6,118.56 6,424.49 6,745.71 7,083.00 Senior Project Coordinator 128 6,185.70 6,494.99 6,819.74 7,160.73 7,518.77 Waste Water Treatment Plant
Supervisor 132 6,436.85 6,758.69 7,096.62 7,451.45 7,824.02 Water Supervisor 132 6,436.85 6,758.69 7,096.62 7,451.45 7,824.02

Item 16.2 – CC/LRA 12/13/200

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 16.2
SECTION 16: NEW BUSINESS
Meeting Date: December 13, 2022
Subject: A Resolution to Approve an Employment Agreement Between the City of Riverbank and Tamera Alcantor as Assistant City Manager/Administrative Services Director and Authorize the City Manager to Execute the Agreement
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution which will approve an Employment Agreement with Tamera Alcantor as Assistant City Manager/Administrative Services Director.

SUMMARY
After a successful recruitment by Mosaic Public Partners for the position of Assistant City Manager/Administrative Services Director Mrs. Tamera Alcantor (currently the Assistant Finance Director, was offered and has accepted, the position. Mrs. Alcantor’s background in the City Manager role will be instrumental in allowing the City to move forward with several key projects. Pending Council approval of the contract Mrs.

Alcantor’s appointment will begin with the City on December 16, 2022.

BACKGROUND
Earlier this year the previous Assistant City Manager/Administrative Services Director was appointed as the new City Manager for the City of Riverbank, thus leaving a vacant position. In order to assist with the recruitment and selection of her successor, the City enlisted the services of Mosaic Public Partners. Mosaic was responsible for publicizing the recruitment, reaching out to potential candidates, screening applicants, and assisting with interviews and the subsequent background check of the selected applicant.

On November 4, 2022 the city held interviews with the qualified candidates for the position. Based on her qualifications, Mrs. Tamera Alcantor, who currently serves as the Assistant Finance Director, was selected as the City’s next Assistant City

Item 16.2 – CC/LRA 12/13/200
Manager/Administrative Services Director. Over the course of the past two weeks, city staff has been negotiating a contract with Mrs. Alcantor and an agreement has been reached.

TERMS
Mrs. Alcantor’s proposed contract contains the following terms:

1. Effective Date: As of December 16, 2022.

2. Term: Three (3) years from the Effective Date.

3. Base Salary: $149,847.84 or Step A of the new Assistant City Manager/Administrative Services Director Salary Range 258:

4. Review and Evaluation: To be conducted in December of each year.

5. Healthcare Benefits: Employee to pay 15% of premium costs for medical insurance. If employee has medical insurance coverage via her spouse, employee may waive benefits, with proof of coverage, and be eligible for a taxable cash amount of $450/month. City to pay full premium for vision and dental insurance.

6. Life Insurance: $50,000

7. Deferred Compensation: City to match employee’s contribution up to 2% of gross pay per pay period. City to contribute towards the Union Pension Retirement Fund at the rate currently established for the City.

8. Retirement: City to pay employer costs of participation in CalPERS Retirement System. Employee to be enrolled in the 2% @ 60 Classic Plan. Employee to contribute 7% employee contribution.

9. Vacation: Employee shall be entitled to 20 days of vacation and may not accumulate more than 400 hours of leave.

10.Sick Leave: Employee shall earn sick leave at the rate of 1 working day for each month of service.

Salary Step Step Step Step Step
Range 258 A B C D E
Monthly 12,487.32 13,111.69 13,767.27 14,455.63 15,178.42 Annual 149,847.84 157,340.23 165,207.24 173,467.61 182,140.99 Bi-Weekly 5,763.38 6,051.55 6,354.12 6,671.83 7,005.42
Hourly 72.04 75.64 79.43 83.40 87.57

Item 16.2 – CC/LRA 12/13/200

11.Holidays: Employee shall be entitled to observe, with pay, 13 observed holidays, and 3 floating holidays.

12.Executive Leave: Employee shall receive 80 hours of executive leave at the beginning of each fiscal year which may be cashed out if not used. Any unused leave expires on June 30 of each fiscal year.

13.Cell Phone Stipend: $65/month for use of personal phone or option of city-issued cell phone

14.Professional and Educational Development: City will budget for reasonable costs of travel and business expenses for professional development and pay employee’s annual membership dues to professional organizations. Employee eligible for up to $2,500 tuition reimbursement for undergraduate or graduate courses related to the work she performs or public administration coursework.

15.Longevity: Upon eligibility based on employee’s tenure with the city, employee will become eligible for longevity pay.

STRATEGIC PLAN
This item, while not directly related to the City Council’s Strategic Plan Goals, does allow for the City to continue working towards achieving said goals.

FINANCIAL IMPACT
Salary and benefit costs for the Assistant City Manager/Administrative Services Director position have been budgeted during the Annual Budget process and will not require any additional allocation.

ATTACHMENTS

1. Resolution 2022-

2. Employment Agreement - DRAFT

CC/LRA – 12/13/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

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

CALIFORNIA, TO APPROVE AN EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF RIVERBANK AND TAMERA ALCANTOR AS ASSISTANT CITY

MANAGER/ADMINISTRATIVE SERVICES DIRECTOR AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT

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

WHEREAS, on April 12, 2022 the previous Assistant City Manager/Administrative Services Director was appointed as the new City Manager for the City of Riverbank thus leaving a vacant position; and
WHEREAS, in order to ensure the continued oversight and operations of the Finance Department, Housing Division, and Human Resources Division the City Council authorized a contract for Recruitment Services with Mosaic Public Partners; and WHEREAS, as a result of the successful recruitment process the City underwent interviews for said position; and
WHEREAS, based on her previous experience in the City Manager role an offer for the position was made to Mrs. Tamera Alcantor; and
WHEREAS, Mrs. Alcantor has accepted the position and wishes to enter into an Employment Agreement, herein incorporated as Exhibit A, with the City of Riverbank; and WHEREAS, effective December 16, 2022 Mrs. Tamera Alcantor will take over the position of Assistant City Manager/Administrative Services Director, and WHEREAS, based on the duties of the Assistant City Manager/Administrative Services Director Mrs. Alcantor will also oversee all treasury duties including oversight of the City’s investment portfolio consistent with the City’s Investment Policy.

WHEREAS, the salary range for the Assistant City Manager/Administrative Services Director is set as follows:

ATTACHMENT 1

CC/LRA – 12/13/2022
CC Resolution 2022-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve the Employment Agreement between the City of Riverbank and Mrs. Tamera Alcantor as Assistant City Manager/Administrative Services Director.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Riverbank does hereby authorize the City Manager to execute said Agreement.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 13
th day of December, 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:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Employment Agreement
Salary Step Step Step Step Step
Range 258 A B C D E
Monthly 12,487.32 13,111.69 13,767.27 14,455.63 15,178.42 Annual 149,847.84 157,340.23 165,207.24 173,467.61 182,140.99 Bi-Weekly 5,763.38 6,051.55 6,354.12 6,671.83 7,005.42
Hourly 72.04 75.64 79.43 83.40 87.57
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this day _____ of December 2022 by and between the City of Riverbank, a California municipal corporation (“City”), and Tamera Alcantor, an individual (“Employee”). City and Employee may individually be referred to herein as “Party” or collectively as “Parties”.

There are no other parties to this Agreement.

RECITALS
A. On January 10, 2017, the City Council adopted Ordinance No. 2017-001, establishing the duties and powers of the Assistant City Manager.

B. The City Council has approved the creation of a new position entitled Assistant City Manager/ Administrative Services Director and the City continues to require the services of a person with proven executive and administrative qualifications to fill the created position.

C. On April 12, 2022, the previous Assistant City Manager/Administrative Services Director was formally appointed to the City Manager position, thus leaving a vacant position.

D. Employee was formerly employed by City in the position of Assistant Finance Director.

E. After an executive recruitment the City, acting by and through the City Council, has evaluated Employee’s knowledge, experience, administrative skills and abilities and desires to appoint Employee as the Assistant City Manager/Administrative Services Director pursuant to the terms of this Agreement.

F. As part of her duties as Assistant City Manager/Administrative Services Director, Employee shall perform her duties as the City’s Assistant City Manager, which include the duties of Director of Finance, and she shall additionally assume the duties of the Human Resources Manager.

G. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee.

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

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

DRAFT
ATTACHMENT 2
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 10 will prevail.

Section 2. Effective Date. This Agreement shall be effective on December 16, 2022 (“Effective Date”).

Section 3. Appointment of Assistant City Manager/Administrative Services Director, Duties and Term.

3.1. Appointment and Duties. Employee shall serve as the Assistant City Manager/Administrative Services Director of the City and shall be vested with the powers, duties, and responsibilities set forth in Title III, Chapter 31, Section 31.04 of the Riverbank Municipal Code (“R.M.C.”) and California law. Employee shall further perform the functions and duties specified under the laws of the State of California, the R.M.C., the Ordinances, and Resolutions of the City, and such other duties and functions as the City Manager may from time-to-time assign.

In addition, Employee shall perform duties of the Director of Finance and shall be vested with the powers, duties, and responsibilities set forth in Section 31.05 of the R.M.C. as part of her appointment as Assistant City Manager/Administrative Services Director.

Employee shall further assume the duties of the Human Resources Manager as set forth in the Human Resources Manager job description, which is attached to this Agreement as Attachment 1.

Employee’s job duties under this section 3.1 of this Agreement shall collectively be referred to as “Employee’s Duties.”

3.2. No Secondary Employment. Employee further agrees that Employee shall devote Employee’s productive time, abilities, and attention as necessary to the full accomplishment of her duties and the City’s business needs. Accordingly, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Manager in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Manager to determine whether there is the appearance of, or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City.

Should the City Manager make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee has the right to volunteer for such nonprofit organizations as she may see fit and further provided that such volunteer services shall not interfere with her duties as Assistant City Manager/Administrative Services Director.

DRAFT
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

3.3. Exempt Employee. The general business hours for City employees are Monday through Friday, 7:30 a.m. to 5:30 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Assistant City Manager/Administrative Services Director position, unless otherwise provided in this Agreement.

3.4. Schedule. The Assistant City Manager/Administrative Services Director daily and weekly work schedule shall vary in accordance with the work required to be performed. The Assistant City Manager/Administrative Services Director position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Manager recognize that the Assistant City Manager/Administrative Services Director must devote a great deal of his time outside normal office hours to business of the City and, to that end, will be allowed to take Executive Leave, as defined in Section 5.9 of this Agreement, as she shall deem appropriate during said normal office hours.

3.5. Term. The term of this Agreement shall be for three (3) years from the Effective Date. No later than three (3) months prior to the expiration of the Term, the City Manager will provide written notice to Employee as to whether the City Manager intends to extend the Term. Termination of this Agreement prior to the expiration of the Term shall be in accordance with Section 6 below.

Section 4. At-Will Employment. Employee is an at-will employee serving at the pleasure of the City Council and City Manager, as provided in Government Code section 36506 and City Code section 31.01. Accordingly, the City Manager may terminate Employee’s employment at any time, with or without cause. Only if Employee is terminated by the City without Good Cause, as defined in Section 6.3 of this Agreement, shall Employee be entitled to a Severance, as defined in Section 6.3 of this Agreement.

Section 5. Compensation and Evaluations.

5.1. Base Salary. Employee’s initial annual salary under this Agreement is set at Step A of Salary Range 258, in the amount of One Hundred Forty-Nine Thousand Eight Hundred Forty-Seven and 84/100’s Dollars ($149,847.84) (“Base Salary”). Employee’s Base Salary shall be payable in installments at the same time that the other similarly situated City employees are paid. Salary reviews shall occur annually in accordance with Section 5.3 of this Agreement. Employee shall receive a step increase annually upon receiving a performance evaluation of at least “Satisfactory”.

At any such time that the City Manager leaves employment with the City and Employee must fulfill the duties of City Manager, Employee will immediately receive a step increase. If Employee is already at Step E, then she will receive a five percent (5%) Base Salary increase for the time spent as City Manager.

DRAFT
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

5.2. Pro rata Decrease. Employee acknowledges that the Base Salary may be subject to pro rata decrease based on the City Council’s adoption of an unpaid Mandatory Furlough Program adopted as a budgetary measure.

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

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

Effective January 2023, Employee shall contribute fifteen percent (15%) of the total cost of medical premium benefits for Employee and any covered dependents and the City will contribute the remainder. The City will pay the full premium for Employee and family dental and vision coverage during the Term of this Agreement. If employee has medical insurance coverage through their spouse or has medical insurance coverage as an eligible dependent of a person employed elsewhere, employee may waive the medical insurance coverage from the city and employee shall be eligible to receive taxable cash in the amount of Four Hundred Fifty Dollars ($450.00) per month. Employee must sign a waiver, provided by the City, and provide proof of other medical insurance coverage on an annual basis to the Human Resources Department. Once coverage is waived, the employee may only re-enroll in the City medical insurance plan during open enrollment or as allowed by law.

5.5. Life Insurance. City will provide Employee with life insurance in the amount of Fifty Thousand Dollars ($50,000).

5.6. Retirement Plan. City shall pay the employer cost of participation in the California Public Employees Retirement System (“CalPERS”). Employee shall pay employee cost of such participation. Employee will be enrolled in the CalPERS 2 % @ 60 Classic plan; Employee shall pay the seven percent (7%) employee contribution.

5.7. Vacation. Employee shall earn twenty (20) working days of vacation per year with a maximum accrual of four hundred (400) hours. Employee will carry over any existing vacation time from employment with City existing on the Effective Date of this Agreement.

5.8. Sick Leave. Employee shall earn one (1) day of sick leave per month of employment. Employee will carry over any existing sick leave from employment with City existing on the Effective Date of this Agreement.

5.9. Executive Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business. To that end, Employee shall receive eighty (80) hours of executive leave at the beginning of each fiscal year, which DRAFT
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

may be cashed out if not used. Any unused Executive Leave expires on June 30 of each fiscal year. Employee will not roll over any previously earned Mid-Management Executive Leave.

5.10. Holidays. Employee shall be entitled to observe, with pay, the thirteen (13) observed holidays and three (3) floating holidays as outlined in the City’s Personnel Rules.

5.11. Deferred Compensation. City shall establish and maintain a deferred compensation plan and match Employee’s contribution to the deferred compensation plan in an amount not to exceed two percent (2%) of gross pay each pay period. City will also contribute to the Union Pension Retirement Fund at the rate of one hundred and seventythree (173) hours worked time multiplied by the negotiated rate for any given year each month (e.g. 173 x .93 = $160.89). Employee shall receive any adjustment to this program granted to all other Department Heads.

5.12. Professional and Educational Development. City agrees to budget for reasonable costs of travel and business expenses for Employee to attend professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for the City, including, but not limited to, annual conferences of the League of California Cities and such other regional and local government groups and committees thereof on which Employee serves as a member, provided, such travel and business expenses are included within the annual budget. City agrees to pay Employee’s annual membership dues to professional organizations that benefit the Employee and the City as designated and approved in the final budget.

City agrees that undergraduate and postgraduate education is important for this position. To this end, the City agrees to pay a maximum of Two Thousand Five Hundred Dollars ($2,500.00) each fiscal year for books, tuition, and school-related costs. These monies will be reimbursed to the Employee upon documentation that she received a passing grade in the course and the course is related to public administration or work the employee performs. Any reimbursement would be amortized over three (3) years and the Employee would be required to pay a proportional percentage if she resigns or is terminated prior to the three (3) year expiration date.

5.13 Longevity Incentive. Longevity Pay is to recognize long-term employees of the City and designed to provide eligible employees compensation in addition to their regular Base Salary. Employee shall be eligible for longevity pay as follows:

Years of Service Longevity Pay Rate
10 but less than 13 2.5% of Base Salary
13 but less than 20 5% of Base Salary
20+ additional 2.5% of Base Salary (total of 7.5%)
The maximum longevity pay increase employees can receive during the term of their employment with the City is seven and a half percent (7.5%). Longevity pay compensation DRAFT
City of Riverbank
Assistant City Manager/Administrative Services Director Employment Agreement

shall be effective the first full pay period following Employee’s meeting the eligibility criteria.

Section 6. Termination of Employment and Severance.

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

6.3 of this Agreement.

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

6.3. Termination Without Good Cause. In the event City terminates this Agreement without good cause as defined below in Section 6.4, the City shall pay Employee a sum equal to six (6) months Base Salary (“Severance”). This Severance is subject to the restrictions of Government Code section 53260. Any cash settlement related to the termination of this Agreement received by Employee from the City, shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position while employed with the City, pursuant to Government Code section 53243.2.

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Assistant City Manager/Administrative Services Director Employment Agreement

Severance shall be paid in the same manner as to other City employees unless otherwise agreed to by the City and Employee. In the event the City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at her own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

6.4. Termination for Good Cause. The City may at any time immediately terminate this Agreement for good cause as defined in this Section 6.4. If Employee is terminated for good cause the City shall not be required to pay any Severance under this Agreement, and City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of City;

3. Gross carelessness or misconduct;

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

5. Mismanagement;

6. Non-performance of duties;

7. Any conduct which violates the City’s Personnel Rules and for which a City employee may be terminated;

8. Repeated and protracted unexcused absences from the Employee’s Duties as defined under this Agreement;

9. Willful destruction or misuse of City property;

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

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

12. Continued substance abuse which adversely affects performance of Employee’s Duties as defined under this Agreement;
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Assistant City Manager/Administrative Services Director Employment Agreement

13. Refusal to take or subscribe any oath or affirmation which is required by law;

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

15. Dishonesty; and

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

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

Section 7. Indemnification. City shall defend, hold harmless and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s Duties in accordance with California’s Government Claims Act (Government Code section 825 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.5.

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

Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

Section 9. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed DRAFT
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Assistant City Manager/Administrative Services Director Employment Agreement

to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Riverbank
Attn: City Clerk
6707 Third Street
Riverbank, California 95367
and White Brenner, LLP
Attn: Thomas P. Hallinan
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: City of Riverbank
Attn: Tamera Alcantor
6706 Third Street, Suite A
Riverbank, CA 95367
w/CC: home address on file
Section 10. General Provisions.

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

10.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties relating to Employee’s employment and supersedes and renders null and void all other prior or contemporaneous oral or written obligations, understandings and agreements of the Parties relating to the subject matter herein. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

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

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Assistant City Manager/Administrative Services Director Employment Agreement

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

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

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

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

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

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

10.10. Venue. Venue for all legal proceedings shall be in the Superior Court for the State of California, in and for the County of Stanislaus.

10.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. [SIGNATURE PAGE TO FOLLOW]
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Assistant City Manager/Administrative Services Director Employment Agreement

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

CITY:

City of Riverbank, a California municipal
corporation
By:

Marisela H. Garcia, City Manager
Date Signed:

EMPLOYEE:

By:

Tamera Alcantor, an individual
Date Signed:

By:

Gabriela Hernandez, City Clerk
Date Signed:

Approved as to Form and Content:

By:

Thomas P. Hallinan, City Attorney
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