City Council / Local Redevelopment Authority / Public Financing Authority
April 25, 2023

Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 4
AGEND
TUESDAY, APRIL 25, 2023 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER

2. FLAG SALUTE

3. INVOCATION

4. ROLL CALL

5. AGENDA CHANGES

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

7. PRESENTATIONS (Informational only)
Item: 7.1 Proclamation- National Library Week- It is recommended City Council present a Proclamation for National Library Week to, Vicki Holt, Riverbank Library Assistant.

Item 7.2 Presentation – Cannabis Tax Fund Grant by Deputies Maldonado and Bavaro - It is recommended that the City Council receive a presentation from Deputies Maldonado and Bavaro who help to facilitate the Cannabis Tax Fund Grant.

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

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

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St.

Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Council/Authority Members
District 1 - Luis Uribe
District 2 - Rachel Hernandez
District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda April 25, 2023 Next City Council Resolution: 2023-035 Next Ordinance: 2023-004 Next Local Redevelopment Authority Board Resolution 2023-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 2 of 4

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

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

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for April 11, 2023.

Item 9.3 Resolution to Approve and Adopt City of Riverbank Recycled Products Procurement Policy.

Item 9.4 Resolution to Authorize the City Manager to Enter into a Consultant Agreement for Retainer On-Call Planning Services with Interwest Consulting Group.

Item 9.5 Resolution Authorizing a Budget Amendment of $26,160 to the General Fund 2022-23 Building Maintenance Budget for Repair of the City Hall North Restroom Sewer System.

10. PUBLIC HEARING – No Items Scheduled

11. NEW BUSINESS
The Public Notice for Item 11.1 was published on April 12, 2023 in the Riverbank News.

Item 11.1 A Resolution of Concurrence and Support for the Approval of the Fiscal Year 2023-2024 Annual Action Plan (AAP)- It is recommended that the City Council open the Community Meeting, accept Public Comment, and consider adopting a Resolution of Concurrence and support for the approval of the Fiscal Year 2023-2024 Annual Action Plan (AAP).

Item 11.2 Resolution Authorizing a Budget Amendment of $50,000 to the American Rescue Plan Act Spending Plan for Funding Allocated to the Jacob Myers Park Trail Expansion Project -It is recommended that the City Council consider authorizing a Resolution to increase the allocation of American Rescue Plan Act funding for the Jacob Myers Park Trail Expansion Project to complete the environmental work required by the Army Corp of Engineers for the lease of property.

12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.

The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 12.1 Staff
City Council and LRA Board Meetings Agenda April 25, 2023 Next City Council Resolution: 2023-035 Next Ordinance: 2023-004 Next Local Redevelopment Authority Board Resolution 2023-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 4
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair

13. CLOSED SESSION- No Items Scheduled.

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

14. ADJOURNMENT
• The next regular City Council Meeting will be on May 9th, 2023 at 6:00 p.m.

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

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

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

Posted this 20th Day of April, 2023
/s/Gabriela Hernandez, City Clerk

PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – City of Riverbank
• Via ZOOM Platform (See instructions below)

SUBMITTING PUBLIC COMMENTS FOR THE RECORD

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

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

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

JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/86015123936 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 860 1512 3936 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 860 1512 3936 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT

Item 7.1 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATION
Meeting Date: April 25, 2023
Subject: National Library Week April 23, 2023 – April 29, 2023 From: Marisela H. Garcia, City Manager
Submitted by: Jessica Barragan, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read and present the Proclamation for National Library Week to Vicky Holt, Library Assistant.

SUMMARY
Riverbank Library offers a range of services for the community whether it is in person or online. Online services provided include eBooks, eMagazines, downloadable audio books, music, movies, online language instruction, and research databases. These services are key to achieve success in all stages of life.

BACKGROUND
First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. National Library Week also highlights the valuable role of libraries, librarians, and library workers play in transforming lives and strengthening our communities.

STRATEGIC PLAN
While not directly related to the Strategic Plan it is important to provide support to our libraries and to enrich the library experience. The library is a learning and community hub, supporting literacy, life-long learning, equity, diversity, and inclusivity.

Item 7.1 – CC/LRA – 04/25/2023

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENTS

1. Proclamation
WHEREAS, literacy is key to achieving personal success in school, in business, and in life; and,
WHEREAS, libraries lead in working with diverse communities, including people of color, immigrants and people with disabilities, offering services and educational resources that transform communities, open minds, and promote inclusion and diversity; and,
WHEREAS, libraries and librarians open up a world of possibilities through technology, innovative programming, and through the power of information; and,
WHEREAS, libraries offer 24/7 access to library services through online resources such as eBooks, eMagazines, downloadable audiobooks, music, movies, online language instruction, and research databases; and, WHEREAS, libraries partner with parents and caregivers to empower children to enter Kindergarten with the knowledge and skills necessary for success in school and beyond; and,
WHEREAS, libraries, librarians, library workers, volunteers and supporters in Stanislaus County are celebrating National Library Week.

NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Riverbank does hereby unanimously proclaim April 23-29, 2023 as Stanislaus County Library Week and urges everyone to visit their local library to take advantage of the wonderful resources available, provided through the voter-approved 1/8-cent sales tax dedicated to the support of libraries.

April 25, 2023

_____________________________
Richard D. O’Brien
Mayor
Riverbank City Council
District 1 – Luis Uribe, –District 3 – Leanne Jones Cruz, District 4 – Darlene Barber-Martinez District 2- Vice Mayor Rachel Hernandez - Mayor, Richard D. O’Brien

CITY OF RIVERBANK

PROCLAMATION

NATIONAL LIBRARY WEEK
ATTACHMENT 1

Item 7.2 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATION
Meeting Date: April 25, 2023
Subject: Presentation – Cannabis Tax Fund Grant by Deputies Maldonado and Bavaro
From: Marisela H. Garcia, City Manager
Submitted by: David Hickman, Acting RPS Police Chief

RECOMMENDATION
It is recommended that the City Council receive a presentation from Deputies Maldonado and Bavaro who help to facilitate the Cannabis Tax Fund Grant.

SUMMARY
The Cannabis Tax Fund Grant is a result of the passing of Proposition 64, which legalized the adult use of marijuana. Money from taxes are set aside for the CHP to award grants to local governmental law enforcement agencies and qualified nonprofit organizations.

The whole crux of the program aims to reduce impaired driving crashes, increase public awareness, and make California roadways safer.

Today, Riverbank Police Services, in conjunction with the main Sheriff’s Office Major Accident Investigations Team (MAIT), utilize a grant which was awarded last July to subsidize checkpoints, saturation patrols and purchase traffic safety equipment. The program utilizes enforcement and education as a multi-pronged approach to keeping motorists and pedestrians alike safe from the dangers of impaired drivers.

FINANCIAL IMPACT
There is no financial impact with the report.

Item 9.1 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: April 25, 2023
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

Item 9.2 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: April 25, 2023
Subject: Approval of the April 11, 2023 City Council and Local Redevelopment Authority Board Minutes.

From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS

1. The April 11, 2023 City Council and Local Redevelopment Authority Board Minutes.

CC / LRA Minutes – 04/11/2023

MINUTES
TUESDAY, APRIL 11, 2023 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER - Vice Mayor / Vice Chair Rachel Hernandez called the meeting to order at 6:00 P.M.

2. FLAG SALUTE – Vice Mayor / Vice Chair Rachel Hernandez led the pledge of allegiance.

3. INVOCATION – Reverend Randy Richardson provided the invocation.

4. ROLL CALL – A Roll Call of councilmembers was done by the City Clerk.

Members of the City Council / Local Redevelopment Authority Board present in the Chamber:

Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 3 Leanne Jones Cruz Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair District 2 Rachel Hernandez
Mayor / Chair Richard D. O’Brien (ABSENT)

5. AGENDA CHANGES
Vice Mayor Hernandez pulled item 9.3 from the Consent Calendar to consider at a later meeting.

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

Councilmember Barber- Martinez declared a conflict of interest with Item 11.2 New Business.

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St
Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Council/Authority Members:

District 1 -Luis Uribe
District 2- Rachel Hernandez
District 3- Leanne Jones Cruz
District 4 -Darlene Barber-Martinez

CC / LRA Minutes – 04/11/2023

7. PRESENTATIONS (Informational only)
Item: 7.1 Presentation - Public Works Utilities- It is recommended that City Council receive a presentation from Cody Bridgewater, Director of Public Works.

City Council received a Power Point Presentation on the Public Works Utilities tasks and responsibilities regarding Water Line and Sewer Lateral, from Director of Public Works Bridgewater.

Mayor Richard D. O’Brien joined at the Dais at 6:17 P.M.

Vice Mayor Hernandez, continued to preside over the Meeting.

Item 7.2 Presentation on Juneteenth Celebration to be held on June 19th, 2023 at the Plaza Del Rio- It is recommended that the City Council hear the presentation by Deborah Sullivan, regarding a Juneteenth Celebration that will be held at Plaza Del Rio on June 19
th, 2023 Park”.

City Council received a Presentation regarding the Juneteenth Celebration which will be held at the Plaza Del Rio on June 19th from Event Coordinator, Deborah Sullivan with Sullie Entertainment.

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

Vice Mayor Hernandez Opened Public Comment at 6:26 P.M.

Karen Conrotto, Modesto Resident, spoke in opposition of the Riverwalk Project.

Randy Richardson, Riverbank Resident spoke in regards to Love Riverbank.

There being no further public comments, closed the Public Comment period at 6:29 P.M.

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

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

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for March 28, 2023.

Item 9.3 Resolution to Award Bid for the Riverbank Police Gate & Fence Project to Golden Bay Fence Plus Iron Works, Inc., Authorize Execution of Future

CC / LRA Minutes – 04/11/2023
Change Orders, and Authorizing a Budget Amendment for an Additional $94,923.00 from American Rescue Plan Act.

Item 9.4 Resolution 2023-031 Authorizing the Designation of the Signatories for the City of Riverbank Local Agency Investment Fund (LAIF) Account.

Item 9.5 Authorization for Out of State Travel Request for Vice Mayor Rachel Hernandez to Travel to Washington D.C. with the Stanislaus Council of Governments (StanCOG) to Advocate for City and County Regional Transportation Projects.

There being no public comments, Vice Mayor Hernandez brought the item back to City Council.

ACTION: By motion moved and seconded (Jones Cruz / Uribe 5/0) to approve the consent calendar as amended with the exception of Item 9.3.

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

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

10. PUBLIC HEARINGS
The Public Notice for Item 10.1 was published on March 29th, & April 5 th, 2023 in the Riverbank News.

Item 10.1 Resolution Authorizing a 9.3% Inflationary Adjustment Increase to the City of Riverbank System Development Fees Based on the
Construction Cost Index to be effective May 1, 2023.- It is recommended that the City Council consider adopting a resolution authorizing a 9.3% Inflationary Adjustment increase to the City of Riverbank System Development Fees (also known as Development Impact Fees) based on the Construction Cost Index.

Assistant City Manager Alcantor presented a comprehensive staff report and Power Point Presentation on the System Development Fee 9.3% Inflationary Adjustment Increase based on the Construction Cost Index for the City of Riverbank System Development Fees to be effective May 1, 2023.

City Council discussed item with staff.

Vice Mayor Hernandez opened up the Public Hearing for Public Comment at 6:38 P.M.

Vice Mayor Hernandez Closed the Public hearing at 6:39 P.M.

There being no public comments, Vice Mayor Hernandez brought the item back to the City Council.

CC / LRA Minutes – 04/11/2023
ACTION: By motion moved and seconded (Barber-Martinez / Uribe 5/0) to approve Resolution 2023-032 Authorizing a 9.3% Inflationary Adjustment Increase to the City of Riverbank system Development Fees effective May 1, 2023.

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

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

11. NEW BUSINESS
Item 11.1 A Resolution Continuing the Approved River Cove River Access Closure Plan- It is recommended that the City Council continue the closure plan as developed by staff to the 2023 summer season and provide any other additional direction as needed. The Closure Plan expired on November 1, 2022.

Director of Parks & Recreation Fitzpatrick presented a comprehensive staff report and update on the River Cove River Access Closure Plan that is recommended for this 2023 year.

City Council discussed item with staff.

Vice Mayor Hernandez opened up for Public Comment at 6:43 P.M.

Michael Halterman, Riverbank Resident commented on how the City’s involvement is with the access there, I know in River Cove Drive there is a public creek, and the public has access to that. There is a levy there, is the levy on a private lot, that is owned by the city, and is that where the access concern comes in? It seems to me, that if that beach is below the line of ordinary high water that’s a riparian issue, that would be a state lands, not the city. Just curious how the city’s involved with that, and if we did not need to defer to the state. Sounds like that has passed through, with the Army Corps of Engineers, which would probably the governing body on that. Just curious if there is a lot that is owned by the city, maybe for the levy or something that is upland of that highwater mark, which is why the city is involved. Or if it’s just they are trying to mitigate the concerns of the citizens, which is also a valid reason to do that.

Director Fitzpatrick clarified, by our research there is an area that is owned by the city.

The Army Corp does have an easement, that is about 20 feet up. Basically, our responsibility is to the water, and then from the water on it would be a variety of Army Corp or Fish and Game depending on what it is. As far as the habitat, we did bring everyone out to evaluate and they all felt we should be doing something, and they all felt like it was our responsibility. If we wanted to replant that would be something we would do, and we have been just letting repair itself, and its been doing that.

There being no other public comments, Vice Mayor Hernandez brought the item back to the City Council.

CC / LRA Minutes – 04/11/2023
ACTION: By motion moved and seconded (Barber-Martinez / Jones Cruz 5/0) to approve Resolution 2023-033 Approving the continuation of the River Cove River Access Closure Plan.

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

AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Resolution Adopting the Downtown Facade Improvement Program Guidelines-It is recommended that the City Council consider adopting a Resolution approving the Downtown Façade Improvement Program Guidelines.

Councilmember Barber-Martinez recused herself and stepped down from the dais at 6:47 P.M.

City Manager Garcia gave a comprehensive staff report and Power Point Presentation on the Downtown Facade Improvement Program and the guidelines to apply for this program.

City Council discussed item with staff.

Vice Mayor Hernandez opened up for Public Comment at 6:58 P.M.

Pete DeMattos, Co-Owner of Kiwi’s Custom Guns Downtown as well as a member of the Downtown Business Coalition commented, as a business owner downtown who has been heavily investing in the city for some years, definitely approve of this program and appreciate that it has finally come to fruition. I think it’s going to help the issue we’ve had with building owners not wanting to help improve the downtown area. But some of the business owners who lease or rent, can get some help. Definitely would like to support that, hopefully you vote yes on it.

Evelyn Halbert, Riverbank Downtown Resident, the original purpose of the Downtown Specific Plan was to protect and preserve our history, historical district downtown the buildings also the downtown neighborhoods. Downtown Specific Plan is not just about the retail, it’s not about commercial. There is a lot of residents around here too.

Question is, these guidelines are simply for eligibility and getting the money? But in order for people to these improvements, they have to comply with the Downtown Specific Plan, and what it allows, it doesn’t allow to protect the historical downtown? The specific Plan was passed on May 2015, that is a whole different version than the January 2015. The City has been using the May 2015, that also includes the mitigation measures on that one. Next question, Is the mitigation for the agriculture for the historically significant buildings, they will still be required to follow those mitigations? We are already having a problem with one building down here. Are these new guidelines for the façade going to include specific plan, do they have to follow it and these mitigations? Or how is this going to work?
City Manager Garcia clarified, with regards to the first question, it is the May 12th, 2015 Downtown Specific Plan, we will be changing the link that was included in the original

CC / LRA Minutes – 04/11/2023
guidelines to reference back to the May 12th, 2015. With regards to the second item, as with any project here in the City of Riverbank, if it’s a significant enough project, that it triggers the need for those mitigation measures to be addressed, then that is a conversation that we will have during that pre-application meeting, that they will have with us.

There being no public comments, Vice Mayor Hernandez brought the item back to the City Council.

ACTION: By motion moved and seconded (Uribe / Jones Cruz 4/0) to approve Resolution 2023-034 Adopting the Downtown Façade Improvement Program Guidelines.

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

AYES: Uribe, Hernandez, Jones Cruz, and Mayor O’Brien
NAYS: None / ABSENT: None / ABSTAINED: Barber-Martinez
Councilmember Barber-Martinez returned to the dais at 7:09 P.M.

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

Item 12.1 Staff
City Manager Garcia advised the City Council and the public on the following items:
● Our Riverbank Health Fair will be the same day as Love Riverbank, we invite everyone to attend at our Community Center from 8:00am to 1:00pm, we have quite a few service providers and vendors that will be here. ● From 12:00pm to 5:00pm we have our 2nd Annual Founders Carnival that will be at the Community Center Park, right next door. We are still looking for volunteers, if anyone is interested in helping with that please contact the Parks and Recreation Department.
● As you’ve seen, we’ve been slowly making modifications to our Audio and Visual here in our Council Chambers, Happy to announce today we were able to go live on our Spectrum Channel 2. For any resident that has a subscription with Spectrum they can see our council meetings on Tuesdays at 6:00pm, live and in color!
Item 12.2 Council/Authority Member
Councilmember Barber-Martinez reported on the following:
● For Love Riverbank, I have a project that is not on the website, but it is regarding our first responders. If anyone is interested in joining with that project, please reach out, we do need help with that.
● Looking forward to going to Sacramento and representing our city, at our Capitol.

CC / LRA Minutes – 04/11/2023
Councilmember Jones Cruz reported on the following:
● Thank you to Public Works, really found the presentation enjoyable. Look forward at our future meetings to have more of those, look forward to the next one. ● I too will be heading to the Capitol, and I’m anxious to see what they have in store for us and spending some time with our legislator.

Councilmember Uribe reported on the following:
● Next Sister City Committee will be meeting on April 19th will be at the Perko’s at 6pm. We are encouraging a plus one, to try and grow the group. We do have set fundraiser date for June 24th there at the community center, were going to be a small part of a cultural event already happening there. Try and make a huge impact for our Sister City in Mexico.

Mayor O’Brien reported on the following:
● As we move forward with this Façade improvement, would also like to have a discussion with the absentee landowners, homeowners, that allow their buildings to be run down, there has to be a consequence. They can’t move away and let the weeds grow, every quarter we go back and say mow your lawn, you have an easement. We have to bring it down. I’d like to see that come on out, because that will be very important.
● With our commitment to the businesses, I’d like to have the businesses commit to themselves and at least have a discussion on the BID (Business Improvement District), according to the California Guidelines. So, they can moving forward, that is equitable as we move everyone together. That is something that has been ignored, and if we are providing funds I think that they should provide commitment.

Item 12.3 Mayor/Chair
Vice Mayor Hernandez reported on the following:
● Thank you staff for presentations and for being here and being able to decipher the expertise that is going on every day.
● Went over to welcome Del Rio’s, as they had their grand opening. ● Will be joining the other two ladies in Sacramento this week, to advocate with our state legislators. Then the following week in D.C. with our Federal legislators and advocate for our City and will report back next time.

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

Item 13.1 CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Significant Exposure to Litigation, (Pursuant to Gov. Code § 54956.9(d) Number of Potential Cases: 1
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Carl Snyder
Agency Claimed Against: City of Riverbank

CC / LRA Minutes – 04/11/2023
There being No Public Comment, Vice Mayor Hernandez adjourned to Move to Closed Session at 7:16 P.M.

Reconvened from Closed Session at 7:32 P.M.

14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item.13.1
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation
Significant Exposure to Litigation, (Pursuant to Gov. Code § 54956.9(d) Number of Potential Cases: 1
DIRECTION: Direction has been provided to staff.

Item 14.2 Report from Closed Session Item 13.2

LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Carl Snyder
Agency Claimed Against: City of Riverbank
ACTION: Claim was unanimously rejected 5/0.

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Vice Mayor / Vice Chair Hernandez adjourned the regular meeting at 7:32 P.M.to the next regular scheduled City Council / LRA Meeting of May 9, 2023 at 6:00 P.M.

ATTEST: (Adopted 5/09/2023) APPROVED:

Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair

Item 9.3 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: April 25, 2023
Subject: Resolution to Approve and Adopt the City of Riverbank Recycled Products Procurement Policy
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council approve and adopt the City of Riverbank Recycled Products Procurement Policy.

SUMMARY
In September of 2016, SB 1383 the Short-Lived Climate Pollutant Reduction Act of 2016 was passed. It established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2022. SB 1383 further requires the City identify procurement of recycled paper products and for businesses to certify to the percentage of postconsumer material in the paper products and product recyclability. The SB 1383 Regulations require the City maintain records related to its efforts in meeting the procurement target and satisfying recycled paper procurement requirements. Staff recommends adoption of the attached Resolution to align city procurement methods with those required by SB 1383 and to use the recommended policy as a guide for all departments in their procurement practices.

The City of Riverbank Procurement Policy provides that all departments will, whenever possible, make best efforts to use recycled products and recycled materials to meet their needs. This policy is enacted to demonstrate compliance with the Waste Management Reduction Act and foster market development for recycled products. The purpose of the policy is to set standards for environmentally preferable purchasing practices to demonstrate the City’s commitment to environmental and economic stewardship. The environmentally

Item 9.3 – CC/LRA – 04/25/2023
preferable purchasing policy provides City employees with direction on using and procuring products and services from manufacturers and suppliers that demonstrate a high level of environmental responsibility, whenever practicable.

Many measures in the policy are already being practiced throughout the City.

For example, the City encourages paper reduction efforts. The City has also implemented various paperless policies over the last few years and more were implemented at an accelerated pace in 2020 as many employees worked remotely due to the pandemic.

Each department will be responsible for meeting the objectives of this policy.

This responsibility will include implementing environmentally preferable purchasing, assessing cost-effectiveness, making recommendations and issuing reports related to the City’s progress in environmentally preferable purchasing.

FISCAL IMPACT
Nothing in the policy shall require procurement of recycled products that are not available at a reasonable price or within a reasonable period of time. Some contractors providing goods or services to the City such as the City’s office supplier, janitorial contractor, and printing vendor will also be required to comply with the City’s Recycled Products Procurement Policy and report their qualifying purchases to the City.

ATTACHMENTS

1. Resolution 2023-

2. City of Riverbank Recycled Products Procurement Policy

CC/LRA – 04/25/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

APPROVING AND ADOPTING THE CITY OF RIVERBANK RECYCLED PRODUCTS

PROCUREMENT POLICY

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

WHEREAS, The Riverbank City Council has reviewed the Recycled Products Procurement Policy; and
WHEREAS, the SB 1383 Short-Lived Climate Pollutant Reduction Act of 2016 was passed; and
WHEREAS, it established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2022; and WHEREAS, SB 1383 further requires the City identify procurement of recycled paper products and for businesses to verify to the percentage of postconsumer material in the paper products and product recyclability; and
WHEREAS, the SB 1383 regulations require the City maintain records related to its efforts in meeting the procurement target and satisfying recycled paper procurement requirements; and
WHEREAS, staff recommends adoption of the Resolution to align city procurement methods with those required by SB 1383 and to use the recommended policy as a guide for all departments in their procurement practices.

NOW, THEREFORE, BE IT RESOLVBED that the City Council of the City of Riverbank hereby approves and adopts the City of Riverbank Recycled Products Procurement Policy.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of April, 2023; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :

AYES:

NAYS:

ATTACHMENT 1

CC/LRA – 04/25/2023
CC Resolution 2023-
ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Exhibit A – The City of Riverbank Recycled Products Procurement Policy

CITY OF RIVERBANK

RECYCLED PRODUCTS PROCUREMENT
POLICY
City of Riverbank
6707 Third Street
Riverbank, CA 95367
(209) 863-7127
April 25, 2023
ATTACHMENT 2

RECYCLED PRODUCTS PROCUREMENT POLICY

1. Introduction / Purpose
The City of Riverbank Procurement Policy provides that all departments will, whenever possible, make best efforts to use recycled products and recycled materials to meet their needs. This policy is enacted to demonstrate compliance with the Waste Management Reduction Act and foster market development for recycled products.

2. Definitions
The following terms shall have the assigned definitions under this policy:

Compost - means product that meets the following requirements: It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings, green materials, food materials, biosolids and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials.

Energy-Efficient Product(s) – products that meet the US Department of Energy standards as set forth in the Federal Energy Management Program’s “Purchasing Specifications for Energy-Efficient Products.”
Environmentally Preferable – products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose.

Life-Cycle Cost – the comprehensive accounting of the total cost of a product including procurement, initial cost, energy and operational cost, maintenance, longevity of service, and disposal.

Mulch – means a product that meets the following requirements: It results from the mechanical breakdown by chipping and grinding of materials, including, but not limited to yard trimmings, untreated lumber, and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility.

It results from the mechanical breakdown by the chipping and grinding of dead and dying trees removed to reduce wildfire risk.

Practicable – whenever possible and compatible with local, state, and federal law without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.

Recycled Product(s) – products made with an identifiable percentage (1%-100%) of post-consumer material content or of discarded virgin materials salvaged from the industrial waste stream.

Reusable Product(s) – products that can be used several times for an intended end use before being discarded.

Sustainable Product(s) – products that achieve performance objectives while respecting the City’s values regarding fiscal responsibility and environmental stewardship.

Sustainable Purchasing – purchasing materials, products, and labor in a manner that reflects fiscal responsibility and environmental stewardship.

Toxic Substance – a chemical or mixture that may present an unreasonable risk or injury to human health or the environment.

U.S. EPA Guidelines – comprehensive procurement guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002, as amended.

Waste Reduction – the act of avoiding, eliminating, and reducing the amount of solid waste at the source of generation, at the point of usage, and at the time of its discard.

Water-Saving Product(s) – products that are ranked in the upper 25% for water conservation compared to all similar products.

3. Purpose and Objectives
The purpose of this policy is to set standards for environmentally preferable purchasing practices to demonstrate the City’s commitment to environmental and economic stewardship. The environmentally preferable purchasing policy provides City employees with direction on using and procuring products and services from manufacturers and suppliers that demonstrate a high level of environmental responsibility, whenever practicable.

The City of Riverbank shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable without impairing quality, safety or cost effectiveness.

This policy is intended to:
• Increase the use and availability of environmentally preferable products. • Support strong recycling efforts and utilize products where a high likelihood of recycling exists; thereby reducing materials that are placed in landfills.

• Purchase products that include recycled content, or are durable and long lasting and conserve energy, water and other natural resources. • Purchase products that minimize environmental impacts, toxins, pollution, hazards to workers and the community to the greatest extent practicable. • Institute practices that reduce waste by increasing product efficiency and effectiveness.

All employees shall consider short-term and long-term costs in comparing product alternatives whenever practicable. This includes evaluation of total costs for the entire lifecycle of the product or service. Fiscal factors to be considered include, but are not limited to:
• Lowest total cost
• Product or service longevity
• Leveraging buying power
• Impact on staff time and labor
• Long-term financial/market changes
• Technological advances in a rapidly changing market

4. Policy
The City of Riverbank shall acquire its goods and services in a manner that complies with Federal, State, and City laws and other requirements. The City shall purchase and use materials, products, and services that integrate fiscal responsibility and environmental stewardship. Despite the environmentally preferable purchasing policy, it is not the intent of the City of Riverbank to procure products that do not perform adequate for their intended use, to exclude adequate competition, or to pursue products that are not available at a reasonable cost or in a reasonable period of time.

4.1 Defining Environmentally Preferable Products and Services In general, environmentally preferable products and services are those that have a reduced adverse effect on human health and the environment when compared to competing products and services. In practice, the objective is to purchase products that have reduced environmental impact because of the way they are made, used, transported, stored, packaged and disposed of. Environmentally preferable products and services include, but are not limited to:
• Bio-based
• Biodegradable
• Compostable
• Energy, resource, and/or water efficient
• Heavy metal free
• Low toxicity
• Made from renewable materials
• Rechargeable (batteries and other items)
• Reduced packaging

• Reduced greenhouse gas emissions
• Recycled content
• Reduced fuel use due to reduced travel time
All products for which the United States Environmental Protection Agency (U.S.

EPA) has established minimum recycled content standard guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous and non-paper products, shall contain the highest post-consumer content practicable.

4.2 Energy and Water Savings
Whenever practicable, the City shall:
• Purchase energy-efficient equipment with the most up-to-date energy efficiency functions.
• Replace inefficient lighting with energy-efficient equipment. • Purchase products for which the US EPA Energy Star certification is available.
• Purchase water-saving products.

4.3 Toxics and Pollution
When purchasing materials such as paint, carpeting, adhesives, furniture and casework, the City shall choose products with the lowest amounts of volatile organic compounds, the highest amount of recycled content, and lowest or no formaldehyde content.

To the extent practicable, the City shall purchase, or require janitorial contractors to supply, industrial and institutional cleaning products that meet Green Seal certification standards.

To the extent practicable, the City shall purchase paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives.

The City shall purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, the City shall give preference to those products with lower quantities of these metals.

5. Responsibilities
Each department will be responsible for meeting the objectives of this policy. This responsibility will include implementing environmentally preferable purchasing, assessing cost-effectiveness, making recommendations and issuing reports related to the City’s progress in environmentally preferable purchasing.

The City encourages each department to:
• Purchase recycled products and recycle whenever practicable. • Printing and writing papers, including all imprinted letterhead paper, envelopes, copy paper and business cards shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber. • Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber. • Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. • Toilet seat covers shall consist of a least 20 percent, by fiber weight, postconsumer recycled content fiber. • Facial tissue shall consist of at least 10 percent postconsumer recycled content.
• General purpose paper wipers shall consist of at least 40 percent postconsumer recycled content.
• Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placements, etc. shall consist of at least 40 percent postconsumer recycled content.
• For recycled soil amendments and soil toppings, at least 80 percent of the product shall consist of compost or mulch materials, or both, that would otherwise be normally disposed of in landfills.
• Maintain information regarding sustainable products.
• Disseminate information on recycled and environmentally preferable product procurement opportunities.
• Require, whenever practicable, its vendors, contractors, and consultants to use environmentally preferable/sustainable products, as appropriate. • Forward information regarding new procurement opportunities to other departments.

6. Reporting
City of Riverbank shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements using a State Agency Buy Recycled Campaign report form.

Departments shall include all documents supporting its compliance including, but not limited to copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by volume and type for all paper purchases.

Copies of all certifications or other verification required under Section 18993.4.

Recordkeeping Requirements for Recycled Content Paper Procurement.

Item 9.4- CC / LRA 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: April 25, 2023
Subject: Resolution to Authorize the City Manager to Enter into a Consultant Agreement for Retainer On-Call Planning Services with Interwest Consulting Group.

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

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution authorizing the City Manager to enter into a Consultant Agreement with Interwest Consulting Group (“Interwest”) for retainer on-call planning services.

STAFF SUMMARY
The Planning Department has received numerous applications to develop the northwest corner of Claribel Road and Roselle Avenue. The applications include requests for a Tentative Map, a Rezone to Planned Development, and three Architecture and Site Plan Reviews for a gas station, a mini mart/car wash, and multifamily apartments. The developer requested that the application be expedited, which the Planning and Building Manager is unable to do because of the workload and a current lack of planning staff.

The developer offered to pay for a consultant to process the complex project under the Planning and Building Manager’s supervision.

The Planning and Building Manager requested assistance from two consultants, who the City currently has under contract on various projects. The developer reviewed both proposals and selected their preferred consultant. The consultant went into contract with the City and agreed to a payment not to exceed $10,000 to determine the entire scope of the complex project. When the scope was defined a proposal was submitted to the developer, who thought the contract amount was out of their budget. As the Planning and Building Manager was searching for another consultant, the developer requested

Item 9.4- CC / LRA 04/25/2023
the City consider Interwest, which had previously been a consultant at the LRA but is no longer under contract.

Interwest is interested in managing the project and provided a proposal which is more in line financially with the developer’s budget. Both the City’s standard contract (Attachment 2) and the Proposal (Exhibit A) have been reviewed by the City Attorney.

FINANCIAL IMPACT
No financial impact to the City of Riverbank’s budget. Project management hours will be paid for by the Project applicant.

ATTACHMENTS

1. Draft City Council Resolution 2023-

2. Draft Consultant Agreement
Exhibit A – Interwest Consulting Group Proposal

CC/LRA –04/25/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A

CONSULTANT AGREEMENT FOR RETAINER ON-CALL PLANNING SERVICES

WITH INTERWEST CONSULTING GROUP

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

WHEREAS, the City has received a complex planning application from a developer who desires that it be expedited; and
WHEREAS, the Planning and Building Manager is unable to expedite the application due to a large workload and a current lack of planning staff; and WHEREAS, the developer has offered to pay for a consultant (Interwest Consulting Group) to process the project under the Planning and Building Manager’s supervision at no cost to the City; and
WHEREAS, the City Manager is authorized to enter into Consultant Agreements for Retainer On-Call Services for the City of Riverbank.

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

1. Approve the use of a Consultant Agreement for Retainer On-Call Planning Services.

2. Authorize the City Manager to enter into a contract with Interwest Consulting Group on an On-Call basis for Planning services for development projects within the City of Riverbank.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of April, 2023; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of _____:

AYES:

NAYS:

ABSENT:

ATTACHMENT 1

CC/LRA – 04/25/2023
CC Resolution 2023-
ABSTAIN:

ATTEST: APPROVED:
__________________________ _______________________ ___
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Consultant Agreement
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CONSULTANT AGREEMENT

CITY OF RIVERBANK
AND
Interwest Consulting Group
___________________________
This Agreement is made and entered into this ___ day of ______________________, 2023, by and between the CITY OF RIVERBANK, a California municipal corporation, hereinafter referred to as “CITY”, and Interwest Consulting Group, hereinafter referred to as “CONSULTANT”.

WITNESSETH:

CITY desires to retain the services of CONSULTANT for Retainer On-Call Planning Services.

CONSULTANT desires to perform the services requested by CITY on the terms and conditions set forth below.

NOW, THEREFORE, the parties agree as follows:

1. Description of Work
CONSULTANT will provide to CITY temporary assistance for retainer on-call planning services that are reasonably required for the completion of projects as described in Exhibit A.

CONSULTANT shall provide all labor, equipment, material and supplies required or necessary to properly, competently and completely perform the work or render the services under this Agreement. CONSULTANT shall determine the method, details and means of doing the work or rendering the services.

It is understood by the parties hereto that description of work pursuant to this Agreement may change from time to time.

Changes to the work description shall be subject to approval by both parties in writing and signed by each party.

2. Scheduling
ATTACHMENT 2
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The parties shall confer at least monthly about the schedule of pending and anticipated work. CITY shall give CONSULTANT reasonable advance notice of deadlines for completion of specific work and CONSULTANT shall use their best good faith efforts, subject to pre-existing commitments, to meet those deadlines.

Whenever possible, CITY will schedule meetings and events in conjunction with CONSULTANT. CONSULTANT shall not be obligated to attend any meeting or event that conflicts with their pre-existing commitments or that unreasonably interferes with their work schedule.

3. Compensation
Compensation shall be on a time-and-expense basis, based on the work described herein.

CONSULTANT shall maintain automobile liability insurance with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage.

CONSULTANT shall not incur any single expense in excess of $50 with the prior written consent of CITY.

4. Term and Time For Completion
This Agreement shall become effective on the date first hereinabove written and will continue in effect until the services provided herein have been completed, unless sooner terminated as provided in Paragraph 8.

If not terminated pursuant to other provisions herein, this 1 2
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Agreement shall terminate as of December 31, 2024.

5. Payment For Services
CONSULTANT shall submit to CITY monthly itemized bills for the services rendered and costs incurred. If the work is satisfactorily completed, CITY shall pay such bill within thirty (30) days of its receipt. Should CITY dispute any portion of any bill, CITY shall pay the undisputed portion within the time stated above, and at same time advise CONSULTANT in writing of the disputed portion.

6. Compliance With Laws
CONSULTANT agrees that it shall conduct their work and perform their services in compliance with all laws and regulations of Stanislaus County, California, and any officer, department or agency thereof, as well as other laws and regulations as may be applicable thereto.

7. Indemnification and Hold Harmless
CONSULTANT shall protect, indemnify, hold harmless and defend CITY, its directors, officers, employees and agents, from any and all third party claims, fines, demands, costs, expenses (including but not limited to attorneys’ fees and costs of litigation or arbitration), liability, losses, penalties, causes of action, awards, suits or judgments for damages of any nature whatsoever (hereinafter collectively referred to as “Claims”) to the extent arising out of the breach of this Agreement in whole or in part by, or willful or fraudulent misconduct or negligent acts, errors or omissions by CONSULTANT in the performance of their duties under this Agreement, but not including the sole or active negligence or 1 2
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the willful misconduct of CITY.

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

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

8. Termination
This Agreement shall terminate on December 31, 2024. However, this Agreement may be terminated at any time and for any reason by CITY upon five (5) days’ advance written notice. In the event of such termination, CONSULTANT is to be fairly compensated for all work performed to the date of termination as calculated by CITY based on Paragraph 2 hereof, provided that such compensation shall not in any case exceed the maximum sum set forth in Paragraph 2 hereof. Compensation under this paragraph shall not include costs related to lost profit associated with the expected completion of 1 2
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the work or other such payments relating to the benefit of the bargain.

9. Attorneys’ Fees
In the event that any arbitration, litigation or other action or proceeding of any nature between CITY and CONSULTANT becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either party of any of the terms hereof, it is mutually agreed that the losing or defaulting party shall pay the prevailing party’s reasonable attorneys’ fees, costs and expenses incurred in connection with the prosecution or defense of such action or proceeding.

10. Entire Agreement
This writing constitutes the entire Agreement between the parties relative to the services specified herein, and no modifications hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement. There are no understandings, agreements, conditions, representations, warranties or promises with respect to the subject matter of this Agreement except those contained in or referred to in this writing.

11. Independent CONSULTANT
It is expressly understood and agreed by the parties hereto that CONSULTANT’s relationship to CITY is that of an independent consultant. All persons hired by CONSULTANT and performing the work shall be consultant’s employees or agents. CITY shall not be obligated in any way to pay any wages or other claims by any such employees or agents or any other person by reason of this 1 2
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Agreement. CONSULTANT shall be solely liable to such employees and agents for losses, costs, damage of injuries by said employees or agents during the course of the work.

12. Conflicts of Interest
CONSULTANT (including their employees and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that CONSULTANT maintains or acquires such a conflicting interest, any contract (including this Agreement) involving CONSULTANT’s conflicting interest may be terminated by CITY.

13. Ownership of Work
All original documents prepared by CONSULTANT for this
Agreement, whether complete or in progress, are the property of the CITY, and shall be given to CITY at the completion of CONSULTANT’s services, or upon demand from the CITY. No such documents shall be revealed or made available by CONSULTANT to any third party without the prior written consent of the CITY.

CONSULTANT shall be allowed to retain copies of all documents prepared under this Agreement.

14. Successors and Assignment
This Agreement shall be binding on the heirs, successors, executors, administrators and assigns of the parties; however, CONSULTANT agrees that they will not assign, transfer, convey or otherwise dispose of this Agreement or any part thereof, or their rights, title or interest therein, or their power to execute the same without the prior written consent of CITY.

15. Severability
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If any provision of this Agreement is held to be
unenforceable, the remainder of this Agreement shall be severable and not affected thereby.

16. Waiver of Rights
Any waiver at any time by either party hereto of their rights with respect to a breach or default, or any other matter arising in connection with this Agreement, shall not be deemed to be a waiver with respect to any other breach, default or matter.

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

18. Notices
All notices, statements, reports, approvals or requests or other communications that are required either expressly or by implication to be given by either party to the other under this Agreement shall be in writing and signed for each party by such officers as each may, from time to time, authorize in writing to so act. All such notices shall be deemed to have been received on the date of delivery if delivered personally or three (3) days after mailing if enclosed in a properly addressed and stamped envelope and deposited in the U.S. Post Office for delivery.

Unless and until formally notified otherwise, all notices shall be addressed to the parties at their addresses shown below:

CITY
Marisela H. Garcia, City Manager
6707 Third Street
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Riverbank, CA 95367

CONSULTANT
Interwest Consulting Group
Richard Smeaton
[email protected]

19. Sub-Consultants
No subcontract shall be awarded or an outside consultant engaged by CONSULTANT unless prior written approval is obtained from CITY.

IN WITNESS WHEREOF the parties execute this Agreement on the day and year first hereinabove written.

CITY OF RIVERBANK Interwest Consulting Group
By: _____________________ _________________________
Marisela H. Garcia
City Manager President
ATTEST:

Gabriela Hernandez
City Clerk
March 13, 2023
Donna Kenney
Planning and Building Manager
City of Riverbank
6707 3rd Street
Riverbank, CA. 95367
RE: Interwest Consulting Group – Contract Planning Services – 2819 Claribel Rd Dear Ms. Kenney:

Please acceptthis proposal package forthe Interwest’s Planning ServicesGroup for Contract Planning Services. We understand the City is seeking assistance in processing a complex current planning project, located at 2819 Claribel Road and are pleased to present this proposal for contract planning services.

This work would be performed with a not to exceed amount of $24,860.

Our staff will be directed from our Fremont office. Our Project Administrator, Richard Smeaton, will be responsible for the contract and billing. His contact information is:

Interwest is proposing Rick Hirsch as the Senior Planner to assist the City. His resume is attached to this proposal.

As Vice President of Operations of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal. Acceptance of the terms and conditions is subject to review by Interwest’s legal team.

Should any questions arise during the proposal review process, please do not hesitate to reach out to Richard Smeaton whose contact information is provided above. We appreciate the opportunity to present this proposal to the City of Riverbank and look forward to serving the City.

Respectfully Submitted,
Paul Meschino
Vice President of Operations
Richard Smeaton
Project Administrator | Principal Planner
(408) 430-2203 | [email protected]

EXHIBIT A
Scope of Work
We understand the City is seeking an experienced Senior Planner to act as an extension of staff under the direction of the Planning and Building Director to assistance with the processing of municipal entitlements for a proposed commercial and residential project to be located at 2819 Claribel Rd. The entitlements include a Tentative Map, General Plan Map Amendment, Rezoning, Planned Development/Conditional Use Permit, and Arch & Site Review.

Scope of Services to be provided for this project include:
 Review the application materials for completeness to City of Riverbank submittal standards  Attend Planning Commission and City Council meetings, in-person or virtually  Coordinate with the applicant and City Departments for review of the project  Coordinate the CEQA documents with the environmental consultant and conduct a review of the materials  Respond to inquiries from the public and interested parties as it pertains to the project Deliverables / Turnaround:
 Completeness Review #1 – Kick-off meeting, Site Visit, and Completeness Letter #1 Turnaround - 2 weeks
 Completeness Review #2 – Completeness Letter #2
Turnaround - 1 week from resubmittal of all required revisions  California Environmental Quality Act (CEQA) Management/Coordination On-going
 Planning Commission Staff Report #1 – Public Hearing Notice, Staff Report, Resolution/Ordinances, Conditions of Approval, and PowerPoint
Two weeks prior to Planning Commission meeting
 Planning Commission Meeting #1 – Presentation at Planning Commission Meeting  Planning Commission Staff Report #2 (if needed) – Public Hearing Notice, Staff Report, Resolutions/Ordinances, Conditions of Approval, and PowerPoint Two weeks prior to Planning Commission meeting
 Planning Commission Meeting #2 (if needed) – Presentation at Planning Commission Meeting  City Council Staff Report #1 - Public Hearing Notice, Staff Report, Resolutions/Ordinances, and PowerPoint Two weeks prior to City Council meeting
 City Council Meeting #1 (if needed/requested) – Presentation at City Council Meeting  City Council Staff Report #2 (if needed) – Public Hearing Notice, Staff Report, Resolutions/Ordinances, and PowerPoint
Two weeks prior to City Council meeting
 City Council Meeting #2 (if needed/requested) – Presentation at City Council Meeting  Project wrap up
Two weeks after project approval/appeal period ends(whichever is greater) The scope of work assumes that the City will make available templates for all required staff reports, conditions of approval, resolutions/ordinances, and other documents needed to process the application.

This scope of work also assumes that the City is generally supportive of the project, the proposed land uses and the general form of the development. Significant modifications and multiple preliminary reviews of the plan might require additional budget. Further, this scope assumes that public infrastructure can be reasonably provided to serve the project; extended discussions on infrastructure strategies might require additional budget.

The scope of work does not cover the preparation of any environmental documents or the solicitation or selection of an environmental consultant but does cover coordinating the preparation with the chosen consultant and reviewing the CEQA documents for compliance with the City’s submittal standards.

Except for an initial site visit, Planning Commission meetings, and City Council meetings all work will be performed remotely.

Work product will be submitted digitally to the City in a standard City format via email, dropbox, or similar process.

Interwest will provide draft documents to the City prior to finalizing the documents and assumes that there will be one round of comments from City staff on the documents.

The City of Riverbank will be responsible for the costs of any printing, public notice expenses, or other physical materials that need to be produced that are required for the processing of the application or public meetings.

Please note that if additional tasks outside the scope of work, additional services are needed, or the tasks outlined in the letter require a higher level of effort than assumed in our cost estimates, we will provide a proposal for additional services.

Payment Schedule
The rates displayed in the fee schedule below reflect Interwest’s current fees. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. Our rates will be firm for the first year of an agreement. In addition, there is no charge for shipping, supply, or material costs.

Classification Hourly Billing Rate

Planning Services
Community Development Dir....................................................................................................................................... $200 Planning Manager ............................................................................................................................................................. 185 Principal Planner............................................................................................................................................................... 170 Senior Planner.....................................................................................................................................................................155 Associate Planner...............................................................................................................................................................125 Assistant Planner................................................................................................................................................................100 Planning Tech ....................................................................................................................................................................... 80 No price increases will occur during the first year of the Contract, and fee quotes for a specific service shall remain firm throughout the duration of that project. Thereafter, rates will be increased annually on July 1st. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

The invoices shall reference the project title, entitlement project or tracking number, and list charges by task,worker classification hours, billing rate, and totals.

Item 9.5– CC/LRA 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: April 25, 2023
Subject: Resolution Authorizing a Budget Amendment of $26,160 to the General Fund 2022-23 Building Maintenance Budget for Repair of the City Hall North Restroom Sewer System
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
It is recommended that the City Council consider authorizing a budget amendment of $26,160 to the 2022-23 General Fund Building Maintenance Budget to repair the City Hall North Sewer system.

SUMMARY:

The restrooms located in City Hall North have been inoperable intermittently over the past few months. Due to the consistency of this problem, it is recommended that the repairs and replumbing be complete as soon as possible to avoid interruption of service.

BACKGROUND:

After many service calls to repair the City Hall North restrooms, the contractor recommends replumbing a section of the drains in the front restroom for better flow. It is also recommended CIPP pipe lining the main sewer line from the building to city connection.

FINANCIAL IMPACT
The financial impact of this project will be $26,160 (includes a 10% contingency) from the General Fund.

ATTACHMENTS:

1. Draft Resolution 2023-

CC/LRA – 04/25/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
AUTHORIZING A BUDGET AMENDMENT OF $26,160 IN THE GENERAL FUND 2022-23 BUILDING MAINTENANCE BUDGET TO REPAIR THE CITY HALL NORTH

RESTROOM SEWER SYSTEM

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

WHEREAS, the restrooms at City Hall North have been inoperable during various times over the past few months, and
WHEREAS, the city has the desire to maintain their buildings and systems for employees, community and City Council use; and
WHEREAS, at times emergency repairs to buildings or systems must be done in a timely manner to avoid interruption of service; and
WHEREAS, the city hall north sewer system needs repair that will require a budget increase of $26,160; and
WHEREAS, on order to complete this repair a budget increase to the Parks and Recreation Building Maintenance budget will be necessary; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby authorize the increase of the General Fund 2022-23 Building Maintenance Budget to repair the city hall north restroom sewer system in the amount of $26,160.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of April, 2023; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

NAYS:

ABSENT:

ATTACHMENT 1

CC/LRA – 04/25/2023
CC Resolution 2023-
ABSTAIN:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor

Item 11.1 – CC/LRA – 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: April 25, 2023
Subject: A Resolution of Concurrence and Support for the Approval of the Fiscal Year 2023-2024 Annual Action Plan (AAP)
From: Marisela H. Garcia, City Manager
Submitted by: Lety Ibanez, Housing Specialist

RECOMMENDATION
It is recommended that the City Council open the Community Meeting, accept Public Comments, and consider adopting a Resolution of Concurrence and support for the approval of the Fiscal Year 2023-2024 Annual Action Plan (AAP).

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

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

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

Item 11.1 – CC/LRA – 04/25/2023
Status of the Fiscal Year 2021-2022 Annual Action Plan (AAP) For Fiscal Year 2021-22, the City programmed its funding for the Castleberg Park Trail & ADA upgrades. At the City Council meeting of March 14, 2023, the project was awarded to Consolidated Engineering Inc. The project is anticipated to begin at the end of April 2023. In addition to the $135,000 of CDBG funding, there was additional funding allocated from Fund 156 – Assessment District Fund.

For Fiscal Year 2021-22, the City programmed $12,600 of its funding for Pioneer Park ADA Improvements which is anticipated to start in Fiscal Year 2023-24.

For Fiscal Years 2021-22 & 2022-23 the City programmed $325,000 of its funding for a Water & Sewer Line Installation in the alley between Riverside Drive and High Street from 3017 High Street (Corporation Yard) to 4
th Street, this project is expected to have
preliminary planning in Fiscal Year 2023-24.

FiscalYear 2023-2024Annual Action Plan (AAP)
The AAP is an integral component of the Urban County's Consolidated Plan, and describes the specific programs and projects that will be undertaken during Fiscal Year 2023-2024. For Fiscal Year 2023-24, HUD provided an estimated amount of CDBG allocation for infrastructure projects of $150,074 and $10,160 for administration.

Item 11.1 – CC/LRA – 04/25/2023
Funding will be reserved in order to complete the following water project in Fiscal Year 2023-24:

Project Location Cost Estimate
Water & Sewer Line
Installation
Alley between Riverside Drive and
High Street, from 3017 High Street to
4th Street
$150,000
(In addition to funding from FY
21-22 & 22-23)
Pioneer Park ADA
Improvements
1 st Street & High Street $16,300
Total FY 2023-24 $166,300
The complete Fiscal Year 2023-24 Annual Action Plan for all entities belonging to Consortium can be found on the Stanislaus County website:
https://www.stancounty.com/planning/cdbg/plans-and-reports.shtm

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

FINANCIAL IMPACT
For Fiscal Year 2023-24, staff has received an estimated amount of CDBG allocation for a total of $160,234, including $150,074 for projects and $10,160 for administration.

ATTACHMENT

1. Draft City Council Resolution 2023-

CC/LRA – 04/25/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, OF CONCURRENCE AND SUPPORT OF THE FISCAL YEAR 2023- 2024 ANNUAL ACTION PLAN (AAP) PREPARED BY THE STANISLAUS COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSORTIUM
WHEREAS, The Stanislaus County Community Development Block Grant (CDBG) Consortium which includes the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford and unincorporated areas of Stanislaus County has been granted a total allocation of $2,335,030 CDBG funds from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the Stanislaus County CDBG Consortium is required by HUD to prepare an Annual Action Plan (AAP) to document progress made in accomplishing goals set forth in the Consolidated Plan and Action Plan; and WHEREAS, the planning process serves as the framework for the community-wide dialogue to identify housing and community development priorities that align and focus funding from programs such as CPD formula block grant programs; the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership (HOME) Program, and the Emergency Solutions Grant (ESG) Program; and the City of Riverbank allocation of CDBG funds is $160,234 ($150,074 for CDBG project activities and $10,160 to administer) for 2023-2024 Fiscal Year; and
WHEREAS, the following project(s) listed below have been selected as CDBG projects according to low to moderate income eligibility and existing health and safety issues in the project area(s) for Fiscal Year 2023-24:

Project Location Cost Estimate
Water & Sewer Line
Installation
Alley between Riverside Drive
and High Street,
from 3017 High Street to 4th
Street
$150,000
(In addition to funding from
FY 21-22 & 22-23)
Pioneer Park ADA
Improvements 1
st Street & High Street $16,300
Total FY 2023-24 $166,300
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby adopts the Resolution of Concurrence and Support of the Fiscal Year 2023-2024 Annual Action Plan prepared by the Stanislaus County Community Development Block Grant Consortium.

ATTACHMENT 1

CC/LRA – 04/25/2023
CC Resolution 2023-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of April, 2023; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of _____:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ _________________ _________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor

Item 11.2– CC/LRA 04/25/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: April 25, 2023
Subject: Resolution Authorizing a Budget Amendment of $50,000 to the American Rescue Plan Act Spending Plan for Funding Allocated to the Jacob Myers Park Trail Expansion Project
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
It is recommended that the City Council consider authorizing a Resolution to increase the allocation of American Rescue Plan Act funding for the Jacob Myers Park Trail Expansion Project to complete the environmental work required by the Army Corp of Engineers for the lease of property.

SUMMARY:

On August 23, 2022 the City Council held a workshop to provide feedback on the allocation of funds received from the American Rescue Plan On September 13, 2022, the City Council approved a spending plan for a list of projects to be completed with American Rescue Plan Act Funding. The list included $51,500 for the Jacob Myers Park Trail Expansion Project. This Resolution is a request to increase the funding allocated in the amount not exceed $50,000 to complete the associated environmental reports required by the Army Corp of Engineers for the lease of property for the trail expansion.

BACKGROUND:

The City of Riverbank Parks and Recreation Department in conjunction with the Friends of Jacob Myers Park have been working on the lease of 46 acres of Army Corp property to the west of Jacob Myers Park for expanding the existing pedestrian/bike trail for many years. In January, 2022 and proposal and management plan was submitted to the Army Corp of Engineers for this project and it was accepted and approved with the stipulation that the environmental work be complete and submitted to the Army Corp of Engineers.

Item 11.2– CC/LRA 04/25/2023
The trail will be built by the Greater Valley Conservation Corp once approved and the funding for this trail was approved on September 13, 2022 as part of the allocation for the American Rescue Plan Act funding. Since a great deal of the environmental work has already been complete, it is currently being determined what will need to be updated since the last initial study on the area was done in 2004. This work was complete while applying for grant projects in the past. Staff is hopeful that the cost for the environmental will be less than the amount requested but would like to be prepared with funding to keep this project moving forward.

The request for funding is to increase the allocation to not exceed $50,000 to allow for adequate funding to complete the remainder of the environmental clearances required.

FINANCIAL IMPACT
The financial impact of this resolution will not affect the general fund but will increase the allocation for the Jacob Myer Park trail expansion project not to exceed $50,000 from the original American Rescue Act spending plan.

ATTACHMENTS:

1. Draft Resolution 2023-

CC/LRA – 04/25/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
AUTHORIZING A BUDGET AMENDMENT OF $50,000 TO THE AMERICAN RESCUE

PLAN ACT SPENDING PLAN FOR FUNDING ALLOCATED TO THE JACOB MYERS

PARK TRAIL EXPANSION PROJECT

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

WHEREAS, on March 11, 2021 President Joe Biden signed into law the American Rescue Plan Act of 2021; and
WHEREAS, the intent of the legislation was to speed up the recovery of the Country as the United States recovered from the economic effects of the COVID-19 pandemic; and
WHEREAS, the City, as a non-entitlement unit, received $5,952,064 in American Rescue Plan Act funds which were disbursed by the State of California; and WHEREAS, on September 13, 2022 the City Council approved a spending plan for a list of projects to be completed with the American Rescue Act Funding; and WHEREAS, the City Council included in the spending plan an allocation of $51,500 for the Jacob Myers Park trail expansion Project; and
WHEREAS, in order to complete the environmental Impact Studies for the lease of property an additional funding amount not to exceed $50,000 is requested.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby authorize an increase in allocation of the American Rescue Plan Act Spending Plan in the amount not to exceed $50,000 for the Environmental Impact studies to be complete for the Jacob Myers Park Trail Expansion Project.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of April, 2023; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

NAYS:

ATTACHMENT 1

CC/LRA – 04/25/2023
CC Resolution 2023-
ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor