Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, June 13, 2023 (part 1 of 3)

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 6
AGEND
TUESDAY, JUNE 13, 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 – Disability Awareness Month, June 2023- It is recommended that the City Council read the Proclamation for Disability Awareness Month – June 2023; and present to Cathy Mendoza, Executive Director of Society for disABILITIES.

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.

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

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

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board 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 June 13, 2023 Next City Council Resolution: 2023-062 Next Ordinance: 2023-005 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 6
Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for May 23, 2023.

Item 9.3 Acceptance of the Overlay Project 2022 and Authorization to File a Notice of Completion.

Item 9.4 Resolution to Award Bid for the Riverbank Police Gate & Fence Project to Golden Bay Fence Plus Iron Works, Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $94,923.00 from American Rescue Plan Act Funds.

Item 9.5 Resolution to Approve New Engineering Services Contract with Ardurra Group, Inc. and Authorize City Manager to Enter into a Contract with Ardurra Group, Inc. and William F. Kull to Perform General Municipal Engineering Services for the City of Riverbank.

Item 9.6 Resolution of the City Council of the City of Riverbank, California, to Approve a Subdivision Improvement Agreement for The Heritage with SCM Hearthstone, LLC and Authorizing the City Manager to Execute the Agreement.

Item 9.7 Resolution to approve Final Map 04-2022 The Heritage – APN: 062-020-001.

Item 9.8 Resolution to Award Bid for the Third Street Parking Lot Project to Consolidated Engineering, Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $256,924 from American Rescue Plan Act Funds.

Item 9.9 Resolution to Award Bid for the Pavement Restoration 2023 Project to Pavement Coatings Co. and Authorize Execution of Future Change Orders.

10. PUBLIC HEARING
Public Hearing Notice(s) were published in the Riverbank News on 05/31/2023 for Items 10.2 through 10.8.

Item 10.1 Two Resolutions for Consolidated Landscaping & Lighting District to:
1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2023/2024 - It is recommended that the City Council adopt the Resolutions corresponding to Consolidated District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2023/2024.

Item 10.2 Two Resolutions for Ridgewood Place Landscaping & Lighting District to: 1) Amend and/or Approve the Engineer’s Report and the City Council and LRA Board Meetings Agenda June 13, 2023 Next City Council Resolution: 2023-062 Next Ordinance: 2023-005 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 6
Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2023/2024 - It is recommended that the City Council adopt the Resolutions corresponding to Ridgewood Place District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2023/2024.

Item 10.3 Two Resolutions for River Cove Landscaping & Lighting District No.1 to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2023/2024 - It is recommended that the City Council adopt the Resolutions corresponding to River Cove District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2023/2024.

Item 10.4 Two Resolutions for Sierra Vista Estates Landscaping & Lighting District to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2023/2024 - It is recommended that the City Council adopt the Resolutions corresponding to Sierra Vista Estates District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2023/2024.

Item 10.5 Two Resolutions for Crossroads Landscaping & Lighting District to: 1) Amend and/or Approve the Engineer’s Report and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024; and 2) Ordering the Levy and Collection of Annual Assessments for Fiscal Year 2023/2024 - It is recommended that the City Council adopt the Resolutions corresponding to Crossroads District amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Landscaping and Lighting Districts for Fiscal Year 2023/2024.

Item 10.6 A Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Riverbank Storm Drain Benefit Assessment District No. 2006-01 (Heartlands) for Fiscal Year 2023/2024 - It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 2006-01 (Heartlands) for Fiscal Year 2023/2024.

City Council and LRA Board Meetings Agenda June 13, 2023 Next City Council Resolution: 2023-062 Next Ordinance: 2023-005 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 4 of 6
Item 10.7 A Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Sterling Ridge Benefit Assessment District for Fiscal Year 2023/2024 - It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) for Fiscal Year 2023/2024.

11. NEW BUSINESS
Item 11.1 Resolution to Reduce (Credit) and/or Waive the SCM Hearthstone LLC System Development Fees for The Heritage Subdivision- It is recommended that the City Council consider and approve the Resolution (Attachment 1) reducing (credit) and/or waiving the SCM Hearthstone LLC (“SCM Hearthstone”) System Development Fees assessed on the construction of dwelling units in The Heritage subdivision.

Item 11.2 Fiscal Year 2023-24 Major Fund Budget Workshop - It is recommended that the City Council receive a presentation on the Fiscal Year 2023-24 Major Fund Proposed Budgets and provide feedback in anticipation of the adoption of the Final Budget on June 27, 2023.

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

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

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

13. CLOSED SESSION- 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 June 27th, 2023 at 6:00 P.M.

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 8
th Day of June, 2023
/s/Gabriela Hernandez, City Clerk
City Council and LRA Board Meetings Agenda June 13, 2023 Next City Council Resolution: 2023-062 Next Ordinance: 2023-005 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 5 of 6

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.

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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/85151551253 Join by accessing website: https://zoom.us/join , enter Webinar ID: 851 5155 1253 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 851 5155 1253 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

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Item 7.1 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: June 13, 2023
Subject: Proclamation – Disability Awareness Month – June 2023 From: Marisela H. Garcia, City Manager
Submitted by: Jessica Barragan, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read the Proclamation for Disability Awareness Month – June 2023; and present to Cathy Mendoza, Executive Director of Society for disABILITIES.

SUMMARY
The Society for disABILITIES has been helping enhance the lives of individuals with disabilities living in the Central Valley for over 70 years. The Society is a community resource and referral agency, and operates the largest medical equipment inventory available for loan within Northern California. In addition, it provides a host of recreational programs ranging from bike camps to water skiing, pageants to proms. The Society believes recreational opportunities help to bolster self-confidence and make individuals realize their potential regardless of disabilities. By getting the public to focus on diverse capabilities rather than disabilities, hopefully the stigma and prejudice sometimes experienced in society will lessen. People with varied abilities can be independent, productive, and an integral part of the community in which they live. Disabilities do not discriminate and can affect anyone at any time, regardless of race, age, gender, creed, social status, etc. in fact, within the next year 1 in 8 Californians will experience a disability personally or through a family member. The Society for disABILITIES encourages residents to be cognizant of the needs and capabilities of persons with disabilities.

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENT

1. Proclamation
WHEREAS, the City Council of the City of Riverbank has
recognized healthy communities as a priority; and
WHEREAS, within the next year, at least one out of eight Californians will experience a disability personally or through a family member; and
WHEREAS, disabilities can affect all people, regardless of race, age, gender, or social status and the essence of life is not embodied by physical or mental perfection but it is an integral part of the human spirit; and
WHEREAS, increasing public awareness about diverse abilities is vital to fighting the stigma and discrimination that often serve as a barrier to employment, socialization, and individual well-being; and WHEREAS, communities thrive when residents appreciate the unique gifts inside people of all abilities; and
WHEREAS, education, understanding, access engagement, and relationships are important components of a connected, livable, and healthy community; and
WHEREAS, the Society for disABILITIES will commemorate June 2023 and each June hereafter as Disability Awareness Month.

NOW, THEREFORE, LET IT BE PROCLAIMED by the City Council of the City of Riverbank that June 2023 is Disability Awareness Month within the City of Riverbank and we urge all of our citizens to become aware of the needs and capabilities of persons with disabilities. _____________________________
Richard D. O’Brien, Mayor
June 13, 2023

CITY OF RIVERBANK

PROCLAMATION

DISABILITY AWARENESS MONTH
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 ATTACHMENT 1

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Item 9.1 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 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.

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Item 9.2 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject: Approval of the May 23, 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/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of May 23, 2023 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 May 23, 2023 City Council and Local Redevelopment Authority Board Minutes.

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CC / LRA Minutes – 05/23/2023

MINUTES
TUESDAY, MAY 23, 2023 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER - Mayor / Chair O’Brien called the meeting to order at 6:00 P.M.

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

3. INVOCATION – Reverend Randy Richardson provided the invocation.

4. ROLL CALL – City Clerk Hernandez conducted Roll Call.

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

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 (ABSENT) Mayor / Chair Richard D. O’Brien

5. AGENDA CHANGES
No 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.

Councilmember Barber-Martinez, Councilmember Jones Cruz, and Mayor O’Brien declared a conflict with Item 9.5-E: Crossroads Landscape and Lighting Resolutions.

Mayor O’Brien stated there would be a lot drawn to choose what councilmember would stay to hear the item presentation and vote.

7. PRESENTATIONS (Informational only)
Item: 7.1 Proclamation-National Public Works Week- It is recommended that the City Council read and present the Proclamation for National Public Works

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

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CC / LRA Minutes – 05/23/2023
Week to the City of Riverbank Public Works Department for their service to our community.

Mayor O’Brien presented the Proclamation for National Public Works Week to Director of Public Works Bridgewater and the Public Works Team.

Vice Mayor Hernandez joined the Dais at 6:05 P.M.

Item 7.2 Presentation- The Homeless 2023 Point in Time (PIT) Count Results - It is recommended that the City Council receive a presentation from Ronald Reid, Sr. Program Manager and Lynnell Fuller, HMIS Administrator both from the Stanislaus County Community Services Agency, Housing and Homeless Services Division; they will be presenting the results of the 2023 PIT Count.

City Council received a Power Point Presentation from Lynell Fuller, HMIS Administrator on the homeless 2023 Point in Time (PIT) Count Results.

Mayor O’Brien stated Public Comment would be limited to 9 minutes, with the remainder of Public Comments being at the end of the meeting.

Mayor O’Brien Opened Public Comment at 6:31P.M.

Jami Aggers, Modesto Resident commented on her request two weeks ago to be place on tonight’s agenda, for the purposes of considering our urban limit initiative, that request unfortunately wasn’t granted. So, I am here this evening to let you know that we will be moving forward with our Notice of Intent to Circulate a Petition, that will be turned into the City this week. This initiative would give the residents of Riverbank the power to determine where and how growth occurs in the city on its western boundary. For the record, I live within the proposed River Walk Project Area.

Veteran’s First CEO, Paige McLaughlin commented on a Flag Retiring Event on June 17th at 11:00 A.M. the fire department will be there. We would like to welcome the city and city employees to attend and their children. We have some boy scouts’ troops who will be doing the folding of the flags, that will be burned in the burn barrel. We will have hots dogs, chips and rinks afterwards. Would like to invite everyone and their families to come out. Also, here to introduce myself as the new CEO, as Duke Cooper has stepped down.

Karen Conrotto, Modesto Resident commented in Opposition of River Walk Project.

There being no further public comments, Mayor O’Brien closed the Public Comment period 6:35 P.M.

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CC / LRA Minutes – 05/23/2023

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 May 9, 2023.

Item 9.3 Resolution 2023-043 to Authorize the City Manager to Enter into a Professional Services Agreement for Environmental Analysis Services with BaseCamp Environmental, Inc.

Item 9.4 Second Reading by Title Only and Introduction of Proposed Ordinance 2023-004 Adding Chapter 150.080 Through 150.100, Entitled Vacant Buildings to Chapter 150, Building Regulations, to Title XV, Land Usage, of the Riverbank Code of Ordinances.

Item 9.5 Adopt Three (3) Resolutions for Each of the Following Landscape and Lighting Districts to: 1) Initiate Proceedings for the Annual Levy of Assessments; 2) Declare Its Intention to Levy Annual Assessments; and 3) For Preliminary Approval of the Annual Levy Report for Fiscal Year 2023/2024. The Landscape and Lighting Districts are:

9.5-A: Consolidated Landscaping and Lighting District
Resolution 2023-044, Resolution 2023-045, Resolution 2023-046

9.5-B: Ridgewood Place Landscaping and Lighting District Resolution 2023-047, Resolution 2023-048, Resolution 2023-049

9.5-C: River Cove Landscaping and Lighting District
Resolution 2023-050, Resolution 2023-051, Resolution 2023-052

9.5-D: Sierra Vista Estates Landscaping and Lighting District Resolution 2023-053, Resolution 2023-054, Resolution 2023-055 Item 9.6 Adopt a Resolution for Each of the following Storm Drain Maintenance Districts Declaring its Intention to Levy and Collect Annual Assessments for Fiscal Year 2023/2024. The Storm Drain Maintenance Districts are:

9.6-A: Riverbank Storm Drain Maintenance District No.2006-01 (Heartlands) Resolution 2023-056

9.6-B: Riverbank Storm Drain Maintenance District No.05-01 (Sterling Ridge) Resolution 2023-057

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CC / LRA Minutes – 05/23/2023
Item 9.7 Resolution 2023-058 Authorizing an Amendment to the Agreement between the City of Riverbank and the Riverbank Unified School District for School Resource Officer Services and Authorizing the City Manager to Finalize and Execute said Agreement.

Mayor O’Brien opened Public comment at 6:38 P.M.

Evelyn Halbert, Riverbank Resident commented on item 9.4 asking, to clarify what is the definition or considered a “Vacant building”? What will be the cost of funding/running this program? Fees and fines are not assessed, the fees imposed or that are to be collected and where are they going, into what account, does it go the general fund or what fund? It is my understating that if you live in a Homeowners Association or a Specific Plan Area, that has coverage on that plan on how to handle Vacant buildings, then you would be exempt from this because you would be following your Specific Plan or Homeowners Association. So, I am not exactly sure, who this would affect, because you are not amending the Specific Plan or anything, with the specific plan being in certain areas, I’m not quite sure how that is going to work? Section 15.150.086 refers to Securing of Vacant Buildings that the city can impose of securing requirements, anyone have any idea what Securing Requirements mean? Section 15.150.082 refers to the billing of the monitoring procedures program fee, which states that would be billed to the property owner and mailed to the owner’s address as set forth on the last assessment roll of the County assessors. Under Prop 218, it sates that reliance of an agency of maybe considered, this is a fee on property ownership. I would like to know why this is not going under prop 218? Mayor O’Brien clarified the intent of this is to get those property owners who abandoned their buildings, who sometimes catch fire, have vagrants living in it, continuously have issues with weed abatements and no one is living there, that was the intent of this. The Fees we have not even determined if we will have fees. If it’s a 218 process, we will go through that. Right now, the intent is to determined of individuals or a bank owned property, not being maintained is it considered blithe, is it considered some type of nuisance, or is a health or safety hazard. This is an understanding between the property owners, when they make that agreement with the city, when they buy the property that they will maintain it. We are not here to take away anyone’s property rights, taking away property rights is against the constitution. Amendment 14 guarantees the right to property, amendment 5 guarantees due process, and we will do due process. When someone is in violation they’ll have the capability of registering and if they are trying to rent a property, or is in between renters, actively trying to rent, actively trying to sale, we understand that. Were not here to take away a person’s right to develop, to use the property, to tear it down, rebuild it, that is not our responsibility. Our responsibility is once they have a construction that they maintain it in good order.

City Manager Garcia, clarified, with regards with the establishment of fees, that will be something that will be coming forward as a resolution for the City Council to consider.

Mrs. Halbert brought up whether this is a prop 218, this is not an assessment that is being assessed on all properties, just by the nature of them being in the city, these are only for those that are participating as part of this program. So, therefore this process does not apply.

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CC / LRA Minutes – 05/23/2023
Building and Planning Manger Kenney clarified on the Specific Plan questions, we have four specific plans here in the city, and to the best of my knowledge not one of them addresses vacant and abandoned buildings. Therefore, if a specific plan is silent on a topic, you refer to the municipal code. So, they would be covered just like any house in the city.

There being no public comments, Mayor O’Brien 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 9.5.E.

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
Drew a lot the lowest number drawn stayed for the item consideration. Lowest number was drawn by Mayor O’Brien
Councilmembers Jones Cruz and Barber-Martinez recused themselves from the dais at 6:46 P.M.

9.5-E: Crossroads Landscaping and Lighting District
Resolution 2023-059, Resolution 20223-060, Resolution 2023-061 There being no public comments, Mayor O’Brien brought the item back to City Council.

ACTION: By motion moved and seconded (Uribe / Hernandez 3/0) to approve Item

9.5.E. Crossroads Landscape and Lighting District.

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

AYES: Uribe, Hernandez, O’Brien
NAYS: None / ABSENT: None / ABSTAINED: Jones Cruz, Barber-Martinez Councilmembers Jones Cruz and Barber-Martinez Returned to dais at 6:48 P.M.

10. PUBLIC HEARINGS- No Items Scheduled.

11. NEW BUSINESS- No Items Scheduled.

12. COMMENTS/REPORTS

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CC / LRA Minutes – 05/23/2023
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 Attorney Hallinan commented:
• Thank you to Riverbank Police Service Deputy Gamez for the Ride Along on Saturday from 7:00 P.M. to 7:00 A.M. I would like to commend the Chief on his staff, they were fantastic, it was definitely an interesting night.

Item 12.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• Would like to personally thank the Public Works Staff, they do amazing stuff out there!
• Downtown Market every Tuesday from now till June, when you are done here, go out and check it out, get some dinner and grab some crafts. • The weather is getting hot, and would just like to remind folks to be careful with fast and cold water coming down from the mountains, with all the snow melt.

Reminder there are life jackets available at the fire department if you need to use those, please take advantage of that service.
• Take a look at Parks and Rec Classes, they do have a lot of swim lessons going on, lets keep it safe out there this summer. So, let’s stay safe out there! Councilmember Uribe reported on the following:
• No Comments.

Councilmember Barber-Martinez reported on the following:
• Attended the Stanislaus Homeless Alliance (SHA) Meeting, every Friday the meetings will be recorded and can be viewed on our CSOC website on YouTube.
• The County announced there would be an Opioid Substance Abuse program, which will be coming in the fall for adults and adolescents with life long support. • Stanislaus County of Education (SCOE), they are looking at prevention of homeless it is a coalition trying to identify homeless in schools. They’re focus is on housing, and those students that are unhoused or transportation. For a lot of students, especially the younger ones, there is no transportation or booster seats to get them to their Pre-Kindergarten.
• The Royal Neighbors, the Riverbank Chapter will be having an event a Tea Party on June 10th at the Stanislaus County Veteran Center all proceeds will go to the Veterans Luncheon.

Vice Mayor Hernandez reported on the following:
• No Comments.

Item 12.3 Mayor/Chair

Page 7 of 8 ends

CC / LRA Minutes – 05/23/2023
Mayor O’Brien reported on the following:
• Attended the San Joaquin Joint Powers Authority Board Meeting, this the one that secures the funding and plans the safety and future of railing in this area, that has been going on for 10 years. It started with StanCOG and Senator Galgiani, where they got together to form this board which goes from Sacramento to Kern County.

It has garnered billions of dollars in improvement for rail, rail safety, and new rail services. While the ACE is not here and it should have been here in 2022, it will be here before I expire, But, maybe not my term.
• Memorial Day this Monday, it will be a cool day in the 70’s so please come out.

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: Robert Tapia
Agency Claimed Against: City of Riverbank
Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 062-031-005 (Parcels 1 and 1A)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Aemetis, Inc.

Under Negotiation: Price, terms of payment, or both
There being no Public Comments, Mayor O’Brien moved to Closed Session at 6:54P.M.

Reconvened from Closed Session at 7:22P.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
ACTION: Direction was provided to staff.

Item 14.2 Report from Closed Session Item 13.2

LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Robert Tapia
Agency Claimed Against: City of Riverbank

Page 8 of 8 ends

CC / LRA Minutes – 05/23/2023
ACTION: Claim was denied with a vote of 5/0.

Item 14.3 Report from Closed Session Item 13.3

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 062-031-005 (Parcels 1 and 1A)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Aemetis, Inc.

Under Negotiation: Price, terms of payment, or both
ACTION: Direction was provided to staff.

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:24 P.M.to the next regular scheduled City Council / LRA Meeting of June 13th, 2023 at 6:00 P.M.

ATTEST: (Adopted 06/13/2023) APPROVED:

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

Page 1 of 1 ends

Item 9.3 – CC/LRA- 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject: Acceptance of the Overlay Project 2022 and Authorization to File a Notice of Completion
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager Laura Graybill, Senior Project Coordinator
RECOMMENDATION:

It is recommended that the City Council accept the completion of the Overlay Project 2022 and authorize staff to file a Notice of Completion.

SUMMARY:

DSS Company dba Knife River Construction completed the construction of the Overlay Project 2022. William Kull, City Engineer and City staff have completed a final inspection and determined that construction has been completed per the plans and specifications.

The contract was awarded on September 27, 2022 to DSS Company dba Knife River Construction in the amount of $629,555.50. Two contract change orders were issued for this project in the amount of ($10,598.36). The total cost of construction is $618,957.14.

It is recommended that the Council accept the Overlay Project 2022 as complete and authorize the Senior Project Coordinator to record the Notice of Completion.

FISCAL IMPACT:

Funding has been programmed for this project with Measure L Funds, $618,957.14.

ATTACHMENTS:

1. Notice of Completion

2. Before & After Photos

3. Site Maps

CITY OF RIVERBANK
ATTN: DEVELOPMENT SERVICES6707 THIRD STREETRIVERBANK, CA 95367 City of Riverbank
6707 Third Street, Riverbank, CA 95367
X
N/A
N/A
June 13, 2023
ATTACHMENT 1
City of Riverbank
Laura Graybill, Senior Project Coordinator
City of Riverbank
Laura Graybill, Senior Project Coordinator
Riverbank Stanislaus California
Stanislaus California
Riverbank
DSS Company dba Knife River Construction
construct all curb, gutter, ADA ramps, sidewalk, valley gutter, grinding, aggregate base and asphalt concrete paving, striping, and adjust 13th June 2023
13th June 2023
Overlay Project 2022
structures to grade.

Patterson Road between 7th & Claus and
First Street between Atchison & Bridge in Riverbank, CA 95367 Overlay Project 2022 Photos
First Street
During After
Before After
ATTACHMENT 2
Overlay Project 2022 Photos
Patterson Road
During After
Before After
ATTACHMENT 2 CONT.

First Street Overlay Project
Atchison Street to the Bridge
400 ft
N
➤
© 2021 Google
© 2021 Gl
ATTACHMENT 3
ATTACHMENT 3 CONT.

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Item 9.4 – CC/LRA 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject/ Title: Resolution to Award Bid for the Riverbank Police Gate & Fence Project to Golden Bay Fence Plus Iron Works, Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $94,923.00 from American Rescue Plan Act Funds
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Dev. Services Administration Manager Laura Graybill, Senior Project Coordinator

RECOMMENDATION
It is recommended that City Council approve two (2) actions by a roll call vote:

1. Adopt a Resolution to Award bid to the lowest responsible bidder, Golden Bay Fence Plus Iron Works, Inc.; and

2. Authorize the City Manager to execute Change Orders within total project budget; and

3. Authorize a budget amendment for an additional $94,923.00 from American Rescue Plan Act.

SUMMARY
The project proposes to enclose the perimeter of the Police Department & City Hall parking lot located at 6727 Third Street and 6707 Third Street. The purpose of the project is to secure the parking area of the Riverbank Police Department with wrought iron gates and fencing. Installation of five vehicular gates (3 slide gates and 2 swing gates), one personnel gate and perimeter fencing will be installed. Gates will work on a remote transmitter. Provision for a Knox Box installed on the gate to allow emergency vehicles to enter the site.

Also, The City Engineer is currently working on an ADA path of travel and ADA ramp design for access to the Riverbank Museum. This will be done as a separate project.

The bid opening was held on Thursday, September 1, 2022 to consider the bids for the Riverbank Police Gate & Fence Project. The following bids were received:

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Item 9.4 – CC/LRA 06/13/2023
Golden Bay Fence Plus Iron Works, Inc. $282,844.00
Work on the project includes, but is not limited to, furnishing all labor, materials, equipment, transportation, and incidentals necessary for installation of perimeter fencing, vehicle & pedestrian access gates, electronic control systems and all other work included on the plans for the above mentioned project.

Bids have been reviewed and Golden Bay Fence Plus Iron Works, Inc. has been identified as the lowest responsible bidder for the project.

The bid received exceeded the estimate and available budget. City staff and City Engineer working with the contractor Golden Bay Fence Plus Iron Works, Inc. explored cost saving measures to get this project within budget but during a site visit it was determinded that the slide gate at the alley would still allow easy access under the gate.

The solution is to install a custom cantilever gate.

Golden Bay Fence Plus Iron Works, Inc. has provided a proposal to change the slide gate to a cantilever gate, credit back the slide gate, add additional pedestrian gate with panic bar on Third Street, and change 1” pickets to ¾” pickets. All these items total an additional $23,220.00.

Staff recommends that Golden Bay Fence Plus Iron Works, Inc. awarded the project in the amount of $282,844.00 and upon execution of the contract, staff will prepare a change order to increase the contract amount by $23,220.00 for the suggested changes, making the construction cost $306,064.00.

Staff originally budgeted $250,000.00 from American Rescue Plan Act. Preliminary Engineering requirements for this project totaled $7,575.00. The low bid came in at $282,844.00 plus the additional costs of $23,220.00 but fortunately the City has funds available in American Rescue Plan Act to cover the additional costs plus 10% contingency of $28,284.00 and $3,000 for construction testing. A budget amendment is requested from American Rescue Plan Act in the amount of an additional $94,923.00 to complete the project.

It is also requested that the City Council provide the City Manager authorization to execute Change Orders if they are within total budget.

FINANCIAL IMPACT
Funding has been programmed for this project with American Rescue Plan Act, aw total budget of $344,923.00 ($250,000.00 already budgeted and an additional $94,923.00 as a budget amendment being requested).

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Item 9.4 – CC/LRA 06/13/2023

ATTACHMENT

1) Resolution 2023-
2) Site Map
Original Budget 250,000.00
Costs to Date 7,575.00
Remaining Budget 242,425.00
Golden Bay Fencing 282,844.00
Change Order 23,220.00
Contingency 28,284.00
Construction Testing 3,000.00
Total Construction Costs 337,348.00
Additional Funds Required 94,923.00
Total Budget 344,923.00

Page 1 of 2 ends

CC/LRA- 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, TO AWARD A CONTRACT FOR THE

RIVERBANK POLICE GATE & FENCE
PROJECT WITH GOLDEN BAY FENCE PLUS IRON WORKS, INC. IN THE AMOUNT OF $306,064.00, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE SAID CONTRACT AND APPROVE CHANGE ORDERS UP TO THE PROJECT CONTINGENCY FUND OF $28,284.00, AND AUTHORIZE A BUDGET AMENDMENT OF AN ADDITIONAL $94,923.00 IN FUNDING FROM THE

AMERICAN RESCUE PLAN ACT FUND

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

WHEREAS, the Riverbank Police Gate & Fence Project includes work to for install perimeter fencing, vehicle & pedestrian access gates and electronic control systems; and
WHEREAS, the City published a Notice to Bidders inviting interested bidders to submit their sealed bids for the Project; and
WHEREAS, on September 1, 2022, the City of Riverbank received one (1) bid and publicly opened and read the bids; and
WHEREAS, the apparent responsive and responsible low bidder is Golden Bay Fence Plus Iron Works, Inc., in the amount of $306,064.00; and WHEREAS, staff also recommends that the City Council approve a project contingency of $28,284.00 for the Project to fund additional work as needed during renovation and construction; and
WHEREAS, staff is requesting a budget amendment of an additional $94,923.00 from American Rescue Plan Act to be combined with the original budgeted amount to complete the project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves a contract with Golden Bay Fence Plus Iron Works, Inc., in the amount of $306,064.00; and
ATTACHMENT 1

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CC/LRA- 06/13/2023
CC Resolution 2023-
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes the City Manager to execute the said contract and approve change orders up to the project contingency funds of $28,284.00; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes a budget amendment of an additional $94,923.00 from American Rescue Plan Act to be combined with the original budgeted amount to complete the project.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 13th day of June, 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
OF JOB NO. SHEET DESIGNED BY SCALE DRAWN BY CHECKED BY
\\FILESERVER\Server Drive\PROJECTS\2013\13231\Riverbank Police Services Fencing\Dwgs\Planshts\EX-1 Riverbank Police Fence Exhibit.dwg 11/18/2022 2:13pm T.M. 1-800-227-2600 CALL 2 FULL WORKING DAYS IN ADVANCE DATE DATE

REVISIONS
REV # DESCRIPTION APPROVED
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com WFK NWP NWP N/A 11/18/2022 EX-1
1 13231

SITE PLAN

POLICE STATION FENCE & GATES
RIVERBANK, CALIFORNIA 12/31/22
ATTACHMENT 2

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Item 9.5 – CC/LRA 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject: Resolution to Approve New Engineering Services Contract with Ardurra Group, Inc. and Authorize City Manager to Enter into a Contract with Ardurra Group, Inc. and William F. Kull to Perform General Municipal Engineering Services for the City of Riverbank
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council approve a new Engineering Services Contract with Ardurra Group, Inc. and authorize City Manager to enter into a contract with Ardurra Group, Inc. and William F. Kull to perform general municipal engineering services for the City of Riverbank.

STAFF SUMMARY
The contract we have with William F. Kull was for a three-year term and expired on March 24, 2023. The new contract is for a five-year term with the option to extend the contract an additional 3 years. William F. Kull has been the City’s contract engineer for over 15 years and has done design work and plan review for the City for over 20 years.

His knowledge and expertise of the City’s infrastructure and standards will continue to aid the City with existing and new development, as well as the design work for the City’s Capital Projects.

In addition, William F. Kull’s new company Ardurra Group, Inc. is a multidisciplinary engineering services firm that provides broad based solutions that are tailored to the specific needs of the City. The firm is made up of over 125 employees in 72 offices across the United States. Ardurra Group, Inc. provides civil engineering, transportation, water, wastewater, hydraulic modeling, master planning, construction management, city engineering, environmental planning, CEQA/NEPA compliance, disaster management, project management, inspections, structural engineering, land surveying and survey and GIS mapping.

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Item 9.5 – CC/LRA 06/13/2023

FINANCIAL IMPACT
The current Fiscal Year budget for 2022-2023 allocated $40,000 for Contract Engineering Services. Any costs for additional engineering services for capital projects are reimbursed through authorized Measure L, SB-1, Sewer, Storm or Water Funds or other federal grants and allocations received.

ATTACHMENTS

1. Resolution 2023-

2. City Engineer Agreement

Page 1 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, TO APPROVE NEW ENGINEERING SERVICES CONTRACT WITH ARDURRA GROUP, INC. AND AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARDURRA GROUP, INC. AND WILLIAM F. KULL TO PERFORM

GENERAL MUNICIPAL ENGINEERING SERVICES FOR THE CITY OF RIVERBANK WHEREAS, the contract with William F. Kull was for a three-year term and expired on March 24, 2023; and
WHEREAS, the term of the new contract, herein attached, is for a period of five years; and
WHEREAS, the new contract expiration date will be June 13, 2028 with the option to extend the contract an additional 3 years; and
WHEREAS, William F. Kull has been the City’s contract engineer for over 15 years; and has done design work and plan review for the City for over 20 years; and WHEREAS, his knowledge and expertise of the City’s infrastructure and standards will continue to aid the City with existing and new development, as well as the design work for the City’s Capital Projects;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the new engineering services contract with Ardurra Group, Inc. and authorizes the City Manager to enter into a contract with Ardurra Group, Inc. and William F. Kull to perform general municipal engineering services for the City of Riverbank.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 13th day of June, 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:

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: City of Riverbank City Engineer Agreement
ATTACHMENT 2

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Item 9.6 – CC/LRA 06/13/23

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.6
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject: Resolution of the City Council of the City of Riverbank, California, to Approve a Subdivision Improvement Agreement for The Heritage with SCM Hearthstone, LLC and Authorizing the City Manager to Execute the Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council consider the attached resolution approving the Subdivision Improvement Agreement with SCM Hearthstone, LLC for The Heritage and directing the City Manager to execute the agreement.

SUMMARY
On September 14, 2021, the City Council adopted Resolution No. 2021-084, approving Tentative Subdivision Map No. 01-2021 (“the Heritage Collection Tentative Map”) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of 47 residential lots on 5.9 acres.

On September 14, 2021, the City Council adopted Ordinance No. 2021-006 approving a Rezone. This action rezoned the property to Planned Development (PD) and allows for a density of eight to sixteen (8-16) dwelling units per net acre.

On May 24, 2022, the City Council adopted Ordinance No. 2022-003, approving a Development Agreement (“DA”).

One of the last steps in the subdivision map process is the approval of a final map which subdivides the parcel into the individual lots planned for homes, streets, utilities, and parkland or other public areas. Commonly, there are two ways to achieve a final map.

The first way is for the developer to install all required infrastructure improvements (roads, street lighting, water/sewer lines, etc.) in advance of requesting the final map. The second way is to enter into a Subdivision Improvement Agreement (“SIA”) and submit bonds,

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Item 9.6 – CC/LRA 06/13/23
which provide security for the City that the improvements will be completed as required by the tentative map conditions of approval. In the past, the City has used both methods depending on the individual needs and timelines of each project.

SCM Hearthstone, LLC has completed the on-site grading and has almost completed installing infrastructure improvements. They have requested that Council consider approving their final map (also agendized for this Council meeting). As such, the Riverbank Municipal Code (“RMC”) requires that a Subdivision Improvement Agreement be approved in advance of the approval of a final map.

Exhibit A is a standard Subdivision Improvement Agreement that lays out many of the bonding and insurance requirements set forth in the Riverbank Municipal Code. Specific items in the agreement have been tailored to fit the circumstances of The Heritage.

Approval of this document will allow the developer to request final map consideration by Council.

The estimated cost of the required infrastructure improvements for The Heritage, Phase 2 is approximately $247,494.70. This estimate has been reviewed and approved by the City Engineer. RMC §152.076 requires that two specific improvement securities be filed with the City: the first security (bond) shall secure faithful performance of the agreement in an amount equal to 100% of the estimated cost of the improvements and the second security shall secure the obligations set forth in Cal Govt. Code §66499.3(b) of payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimated cost of the improvements. The Municipal Code provides a variety of options for developers to provide these securities, including the provision of bonds to the City Clerk. The City Attorney reviews these documents as to form. For this project, the developer has constructed Phase 1 and is only bonding for Phase 2.

FINANCIAL IMPACT
There is no direct financial impact as a result of the Subdivision Improvement Agreement.

However, approval of the SIA will allow the review and approval of the Final Map and facilitate the development of single-family residential units and associated amenities.

ATTACHMENTS

1. Resolution 2023 -
Exhibit A - Subdivision Improvement Agreement between the City of Riverbank and SCM Hearthstone, LLC for The Heritage (with exhibits a-c)

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CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR THE HERITAGE

WITH SCM HEARTHSTONE, LLC AND AUTHORIZING 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, SCM Hearthstone, LLC is the property owner of The Heritage, a proposed 47 lot subdivision on approximately 5.9 acres; and WHEREAS, on September 14, 2021, the City Council adopted Resolution No. 2021-084, approving Tentative Subdivision Map No. 01-2021 (“the Heritage Collection Tentative Map”) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of 47 residential lots on 5.9 acres;
WHEREAS, significant infrastructure improvements are needed in order to serve the area for future growth; and
WHEREAS, SCM Hearthstone, LLC is close to completing the infrastructure for The Heritage; and
WHEREAS, SCM Hearthstone, LLC will be requesting that Council consider approval of a final map for The Heritage at tonight’s City Council meeting; and WHEREAS, the Riverbank Municipal Code requires that if improvements are not complete when the final map is considered for approval, a Subdivision Improvement Agreement be entered into; and
WHEREAS, the Subdivision Improvement Agreement has been developed in cooperation with SCM Hearthstone, LLC and City of Riverbank staff.

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

1. The City Council approves the Subdivision Improvement Agreement as presented (Exhibit A); and

2. The City Council directs the City Manager to execute the attached Subdivision Improvement Agreement subject to verification and receipt of the securities ATTACHMENT 1

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CC/LRA – 06/13/2023
CC Resolution 2023-
required within the agreement and any other requirements as set forth by the agreement.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 13th day of June 2023; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Exhibit A – Subdivision Improvement Agreement

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & The Heritage Collection

Page 1 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE HERITAGE COLLECTION SUBDIVISION (APN 062-020-001) This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this ___ day of ____________, 2023, by and between the City of Riverbank, a California municipal corporation (“City”) and SCM Hearthstone, LLC (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”.

There are no other parties to this Agreement. This Agreement is made with reference to the following:

RECITALS
A. Subdivider is possessed of a tract of land consisting of approximately 5.9 gross acres, lying in the City of Riverbank, County of Stanislaus, California, known as “The Heritage Collection” (the “Subdivision”).

B. On August 17, 2021, the Planning Commission approved Architecture and Site Plan Review 02-2021 for the Heritage Collection and a Notice of Exemption pursuant to CEQA Guidelines Section 21159.21 (a-j) Exemption for Qualified Housing Projects in connection with its adoption of Resolution 2021-016.

C. On September 14, 2021 the City Council adopted Resolution No. 2021-084 approving Tentative Subdivision Map 01-2021 and related conditions of approval (the “Tentative Map”), which set forth the infrastructure obligations and conditions related to the development and build out of 47 residential lots on 5.9 gross acres. Resolution No. 2021-084 and Tentative Map 01-2021 are attached hereto as Exhibit A and incorporated herein by this reference (the “Resolution of Approval”).

D. On September 14, 2021, the City Council adopted Ordinance No. 2021-006, approving a Rezone to Planned Development (“PD”) for the Heritage Collection (APN 062-020- 001).

E. On May 24, 2022, the City Council adopted Ordinance No. 2022-003, approving a Development Agreement (“DA”) for the Heritage Collection (APN 062-020-001).

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)

EXHIBIT A

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & The Heritage Collection

Page 2 ends

F. The Vesting Tentative Map is subject to the Subdivision Map Act (Gov. Code § 66410 et seq.) and the City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps (together, the “Subdivision Laws”) and the requirements and conditions contained in the Resolution of Approval.

G. Complete improvement plans for the construction, installation, and completion of the improvements (“Improvement Plans”) have been prepared by Subdivider and approved by the City of Riverbank City Engineer (“Engineer”) and Community Development Director or their designee (“Director”).

H. Subdivider will present to the City a proposed final map (“Final Map”) for the Subdivision, pursuant to the provisions of the Subdivision Laws for approval and recordation.

I. In order for the City to approve and record a Final Map for the Subdivision, the Subdivider must either complete all of the improvements required by the Subdivision Laws, Resolution of Approval, Improvement Plans and Vesting Tentative Map (“Improvements”), or execute an agreement with the City to complete the Improvements within a specified period of time.

J. In order for the City to approve and record a Final Map for the Subdivision, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense and risk, all of the Improvements required in connection with the Subdivision, including but not limited to grading work, constructing and installing the Improvements, and all labor that is required to complete these tasks to the satisfaction of the City (“Improvement Work”).

K. Subdivider has secured this Agreement by depositing security with the City consisting of a cash deposit, bond, Certificate of Deposit in favor of the City or letter of credit in form acceptable to the City to secure a one-year warranty of workmanship in accordance with the terms provided herein (the “Securities”).

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree as follows:

AGREEMENT

1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 23 of this Agreement, Sections 1 through 23 shall prevail.

2. Effective Date and Term. This Agreement shall only become effective on the date that both Subdivider and the City have executed this Agreement (the “Effective Date”), and shall terminate only after the release of all Securities, unless this Agreement is terminated in writing signed by both Parties.

3. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, the City hereby rejects all lands, rights-of-way and

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easements offered for dedication on the Subdivision Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code section 66477.2. All such offers of dedication may be accepted by the City in its sole discretion at any later date without any further notice to the Subdivider.

4. Installation of Required Improvements. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the Director and will be on file in the Development Services Department. The Improvement Plans may only be modified by the Subdivider subject to prior written approval by the Director.

The Required Improvements will be constructed in two Phases as shown on Exhibit B. In-lieu of providing a performance bond and payment bond for Phase 1, Subdivider agrees to construct, test and have the City accept the Phase 1 Required Improvements prior to the recordation of the final map. Subdivider will post security in an amount agreed to by the Director for the unfinished Phase 2 Required Improvements prior to the recordation of the Final Map.

5. Subdivider’s Obligations. Subdivider shall perform each of the following, at all times, throughout the term of this Agreement:

A. Complete, at Subdivider’s sole cost and expense in a good and workmanlike manner, all of the Improvements in conformance with the Resolution of Approval (and any amendments thereto), the Subdivision Laws, and all applicable standards under City codes and ordinances and the City’s general plan related to the Improvements (collectively, the “Improvement Standards”).

B. Commence construction of the Improvements within three (3) months from the Effective Date of this Agreement. Subdivider shall notify the Director in writing three days before the commencement of construction of the Improvements.

C. Complete all Improvements within twelve (12) months from the Effective Date of this Agreement, unless otherwise approved or extended in writing by the City Manager for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be grated. In granting any extension of time, the City may require a new or amended subdivision improvement agreement to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.

D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.

E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of any work related to this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private property damaged or destroyed in the performance of any work related to this Agreement. Any repair or replacement work shall be to the satisfaction, and subject to the approval, of the Director.

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F. Provide safe access for inspection by the City to the Improvements.

G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.

H. Perform all construction work related to installing the Improvements between 6:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on weekends and legal holidays, unless otherwise approved in writing by the Director.

I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work related to the Improvements. Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by the City at any time when construction work is being performed on the Improvements.

J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with the City or otherwise imposed upon the utility companies by law.

K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.

6. Estimated Cost of Improvements. The total estimated cost of the Improvements, as provided by Subdivider and reviewed and confirmed by the Engineer and Director, in Phase 1: One million eight hundred and thirty-one thousand, one hundred and twenty-six dollars and eighty cents ($1,831,126.80) and Phase 2: Four hundred twenty-five thousand, one hundred and seventy-three dollars and twenty cents ($425,173.20). The Engineer’s estimate of the Phase 2 improvements is attached hereto as Exhibit C, Bonding Cost Estimate.

7. Title to Improvements. The City shall not accept any property to be dedicated or the Improvements unless they are constructed in conformity with the Improvement Plans and Improvement Standards, to the satisfaction of the Engineer and Director. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time as the Improvements are accepted by the City. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in the City upon completion and acceptance of such Improvements by the City Council. The City shall not accept the Improvements unless title to the Improvements is entirely free from all liens.

Prior to acceptance, at City’s request, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.

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8. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall commence before:

A. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements; or B. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.

9. Final Acceptance of Work. Acceptance of the Improvement Work on behalf of the City shall be made by the City Council upon recommendation of the Engineer and Director, after satisfactory completion and inspection of all Improvements. Such acceptance shall not constitute a waiver by the City of any defects or deficiencies in the Improvements.

10. Repair of Defective Work. If, however, within a period of one (1) year after final acceptance by the City Council of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement, the Improvement Plans or the Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements or work. If the Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

11. Securities. Concurrently with or before the Effective Date of this Agreement, Subdivider shall furnish to the City:

A. Faithful Performance Security. [omitted; see Section 4 above] B. Payment Security. [omitted; see Section 4 above]
C. Guarantee and Warranty Security. Securities to guarantee workmanship shall be in the amount of ten percent (10%) of the estimated cost of the Improvements, as stated in Section 6 above, to guarantee and warrant the Improvements for a period of one (1) year following their completion and acceptance against any defective work or labor done, or defective materials.

D. Bonds. Any bonds submitted as Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws and approved by the City. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall provide that they may be released, in whole or part, only upon the written approval of the Director, as provided under the Subdivision Laws and in Section 12 below.

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All Securities shall expressly obligate the surety for any extension of time authorized by the City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by the City. No change, alteration or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws.

E. Records. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement. Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

12. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:

A. Faithful Performance Securities. [omitted]
B. Payment Security. [omitted]
C. Guarantee and Warranty Securities. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the completion and acceptance of the Improvements, and inspection thereof by the City’s Construction Inspector and approved by the Engineer. If, however, the Engineer and Director determine there are defects in the Improvements that require correction pursuant to Section 10 above, the Director shall authorize utilization of the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees.

13. Inspections.

A. The City reserves the right to inspect all Improvements at any time.

Subdivider shall at all times maintain safe access for inspection of the Improvements.

B. Upon completion of the Improvements the Subdivider may request a final inspection by the City’s Construction Inspector. If the Construction Inspector determines that the Improvements have been completed in accordance with all Improvement Standards and Subdivision Laws, then the Director shall certify the completion of the Improvements to the City Council, to accept or reject in their sole discretion. The City bears no liability for any costs or expenses resulting from delays in inspections.

C. Subdivider shall bear all costs of inspection and certification, including but not limited to the direct costs of all third-party inspection agencies and City inspection consultants.

14. Default of Subdivider.

A. Default of Subdivider. Events of default by (“Default”) by Subdivider may include, but shall not be limited to, any of the following:

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i. Subdivider’s failure to timely complete construction of the Improvements;
ii. Subdivider’s failure to timely cure any defect in the Improvements to the satisfaction of the Director;
iii. Subdivider’s failure to timely deposit additional Securities as may be required by this Agreement;
iv. Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days;
v. the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or vi. Subdivider’s failure to perform any material obligation under this Agreement.

B. Notice of Default. In the event of Subdivider’s default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default.

C. Remedies; Performance by City.
i. In the event of Subdivider’s default under this Agreement, and the applicable cure period set forth in this Paragraph has expired without such default having been cured, the City may thereafter deliver a notice of breach to Subdivider and Subdivider’s surety, if any. If the default remains uncured within fifteen (15) days from receipt of the written notice of breach, Subdivider authorizes the City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. The City may take over the Improvements and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by the City thereby. In the event the City takes over the Improvements or prosecutes the same to completion, the City, without liability for so doing, may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the Securities is additional to and not in lieu of any other remedy available to the City.

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iii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to the City, and is not required to implement other available remedies. Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of the City. iv. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including but not limited to costs of suit and attorney’s fees, costs of Improvements in the event of failure of performance, and all administrative costs. Such costs and fees shall be a proper charge against the Securities of Subdivider. v. The failure of the City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.

D. Lien. In accordance with the Subdivision Laws (Gov. Code § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Subdivision and has the priority of a judgment lien in the amount necessary to complete the Improvements.

15. Environmental Warranty.

A. For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§6901 et seq.); the Clean Water Act (33 U.S.C. §§1251 et seq.); the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. §§ 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. §§ 6901 et seq.); the Clean Air Act (42 U.S.C. §§ 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. §§ 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. §§ 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code §§ 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code §§ 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code §§ 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code §§ 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above.

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ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves.

Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

B. Prior to acceptance of any Improvements by the City, Subdivider shall provide the City with a written warranty that:
i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third-party agents, contractors and subcontractors have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

C. Throughout the term of this Agreement, Subdivider shall give written notice within fifteen (15) days to the City of:
i. Any proceeding or investigation by any federal, California, or local governmental authority regarding the presence of Hazardous Substances on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
ii. Any claims made or threatened by any third party against the City or property to be dedicated regarding any loss or injury resulting from any Hazardous Substances; and
iii. Subdivider’s discovery of any occurrence or condition on any property to be dedicated or any property adjacent to, or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any

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restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any Environmental Law.

16. Design or Construction Defect.

A. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect.

B. Provisions of this section shall remain in full force and effect for ten (10) years following the acceptance of the Improvements by the City.

C. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements and that the City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Securities shall not be required to cover the provisions of this paragraph.

17. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement. City elected and appointed councils, commissions, officers, agents, employees and representatives (“City Agents”) shall not, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the Improvement Work or Improvements specified in this Agreement prior to the completion and acceptance of the Improvement Work or Improvements. All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.

18. Other Agreements. Nothing contained in this Agreement shall preclude the City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinances providing therefore, nor shall anything in this Agreement commit the City to any such apportionment.

19. Indemnity/Hold Harmless.

A. The City and City Agents shall not be liable and Developer agrees to indemnify, hold harmless and defend the City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Developer or Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements.

This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements as provided herein, and in addition, to injuries to adjacent property owners as a

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consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements.

B. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

C. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by the City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Improvement Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.

D. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvement Work.

Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to the City or City Agents for the approval of the plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6. Subdivider shall defend, indemnify, and hold harmless the City and City’s Agents from any claim, action, or proceeding against City or City Agents to attack, set aside, void, or annul an approval of the City or City Agents concerning the Subdivision.

20. Insurance. Without limiting Subdivider’s duty to indemnify the City, Subdivider shall maintain in effect throughout this Agreement a policy or policies of insurance with the specifications and limits of liability specified herein.

A. Proof of Insurance.
i. Subdivider shall provide to the City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage; automobile liability, worker’s compensation insurance, professional liability insurance, and course of construction coverage from an insurance provider approved by the City and licensed by the California Department of Insurance (“Certificates”).
ii. Each Certificate shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to the City.

B. Minimum insurance limits. Contractor shall maintain limits no less than:
i. General Liability. Subdivider shall maintain such commercial general liability insurance with an insurance company admitted in California with an AM Best Rating of not less than A+, as shall protect the City, the City’s Agents, Subdivider, contractors, and subcontractors from claims for damages for personal injury, including death, as well as from claims of property damage which may arise from acts or omissions from Subdivider, contractors,

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or subcontractors for in relation to this Agreement. The amount of such insurance shall not be less than two million dollars ($2,000,000.00) per occurrence with umbrella liability coverage of not less than two million dollars ($2,000,000.00). Such insurance shall also:

1. Name the City and the City Agents as insured by
endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.
ii. Automotive Liability Insurance. Subdivider shall maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or performing work under this Agreement for bodily injury and property damage with a limit of not less than one million dollars ($1,000,000.00) for each occurrence. Such insurance shall also:

1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.
iii. Worker’s Compensation Insurance.

1. Subdivider shall maintain worker’s compensation insurance in accordance with California Labor Code Section 3700, and with a limit of not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability.

2. In the event any work is sublet, Subdivider shall require any contractor or subcontractor to provide worker’s compensation insurance for all contractor’s employees or subcontractor’s employees, unless such employees are covered by the protection afforded by Subdivider.

C. Course of Construction. Subdivider shall maintain course of construction insurance for a value of not less than the completed value of the Subdivision and the Improvements.

D. Professional Liability Insurance. Subdivider shall maintain professional liability insurance, as applicable, in the amount of not less than two million dollars ($2,000,000.00) per claim and three million dollars ($3,000,000.00) in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services.

21. No Vesting of Rights. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

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

If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Marisela H. Garcia, City Manager
With copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Community Development Director
and White Brenner, LLP
1414 K Street, 3
rd Floor
Sacramento, California 95814
Attn: Douglas L. White, Esq.

If to Subdivider: SCM Hearthstone LLC
1920 Standiford Avenue, Suite 1
Modesto, CA 95350
Attn: Steve Mothersell, President
and

23. General Provisions:

A. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

B. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Improvement Standards or any other

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applicable land use approvals. Subdivider shall be responsible for obtaining all applicable licenses and permits.

C. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.

D. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

E. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

F. Approvals by the City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City.

G. Integration. This Agreement, together with its specific references, attachments and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties with respect to the subject matter of this Agreement. Neither Party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

H. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

I. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

J. Successors and Assigns – Covenant Running with the Land. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City. Notwithstanding the above, all representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns. This Agreement, however, shall not be binding on any lot that has been conveyed to an individual homebuyer and for which a Certificate of Occupancy has been issued by the City.

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K. Counterparts. This Agreement may be executed simultaneously or in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

L. Other Documents. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

M. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.

N. Authority. The Parties 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 the state or federal law in order to enter into this Agreement have been fully complied with.

O. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.

P. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

Q. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney 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.

R. No Monetary Damages Against the City. In the event of the City’s default under this Agreement, Subdivider agrees that Subdivider may not seek, and shall forever waive any right to, monetary damages against the City.

S. Modification. This Agreement may be amended only by a written instrument signed by the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider.

T. Exhibits. All exhibits attached hereto are incorporated into this Agreement:
[Signatures on following page]

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & The Heritage Collection

Page 16 ends

IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the day and year first above written.

SUBDIVIDER:

SCM Hearthstone LLC
By:

Steve Mothersell, President
Date: ______________________________
CITY:

CITY OF RIVERBANK, a California
municipal corporation:

By:

Marisela H. Garcia, City Manager
Date:

ATTEST:

By:

Gabriela Hernandez, City Clerk
APPROVED AS TO FORM:

By:

Tom Hallinan, City Attorney
California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary Public, personally
appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary Public, personally
appeared ______________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

EXHIBIT A
Tentative Map Resolution of Approval 2021-084
Tentative Map 01-2021

EXHIBIT B
Phasing Plan

EXHIBIT C
Phase 2 Engineer’s Estimate

ITEM DESCRIPTION QTY. UNITS UNIT PRICE TOTAL PRICE

1. Sidewalk 1,692 SF $5.20 $8,798.40

2. 6" Vertical Curb and Gutter 423 LF $21.00 $8,883.00

3. Driveway 380 SF $6.00 $2,280.00

4. Handicap Ramp (Labor Only) 1 EA $1,280.00 $1,280.00

5. Truncated Domes Tile 12 SF $42.00 $504.00

6. 0.25' A.C. 12,561 SF $1.50 $18,841.50

7. 0.58' A.B. 12,561 SF $2.50 $31,402.50

8. 2 x 4 Headerboard 380 LF $8.00 $3,040.00

9. LED Electrolier (25' Standard) 2 EA $7,140.00 $14,280.00

10. Striping and Signage 1 LS $500.00 $500.00
Sub-Total $89,809.40

1. Water Connection at Claus Road 1 LS $14,650.00 $14,650.00

2. 12" Tee (1 EA); Gate Valves (2 EA); 12" DIP (40 LF) 1 LS $22,115.00 $22,115.00

3. Abandon Existing 1" Water Service (Claus Road) 1 EA $2,500.00 $2,500.00

4. Complete 12" PVC Main in Sierra Street 140 LF $160.75 $22,505.00

5. Water Service (Claus Road) 1 EA $9,850.00 $9,850.00

6. Fire Hydrant 1 EA $7,925.00 $7,925.00
Sub-Total $79,545.00

1. Catch Basins in Sierra Street 3 EA $5,050.00 $15,150.00

2. City Standard Manhole 1 EA $4,325.00 $4,325.00

3. 18" Catch Basin Laterals in Sierra Street (near Claus Road) 41 LF $112.50 $4,612.50 Sub-Total $24,087.50

1. Electroliers (Claus Road) 2 EA $7,140.00 $14,280.00

2. 6" Vertical Curb and Gutter (Claus Road South of Sierra Street) 370 LF $21.00 $7,770.00

3. 6" Vertical Curb and Gutter (South side of Sierra Street) 620 LF $21.00 $13,020.00

4. Driveway Openings 650 SF $6.00 $3,900.00

5. Sidewalk (Claus Road) 1,665 SF $5.20 $8,658.00

6. Sidewalk (Southwest side of Sierra Street) 2,790 SF $5.20 $14,508.00

7. Handicap Ramp (South Side of Sierra Street at Claus Road) 1 EA $1,780.00 $1,780.00

8. Saw Cut Existing Asphalt (Claus Road) 1,532 LF $1.50 $2,298.00

9. Remove Existing Asphalt (Claus Road) 10,980 SF $0.80 $8,784.00

10. Install 0.45' A.C. & 1.10' A.B. (Claus Road) 10,380 SF $6.70 $69,546.00

11. Install 0.25' A.C. & 0.50' A.B. (Sierra Street) 9,215 SF $3.52 $32,436.80

12. Remove Ex. Fencing (In Front of Neighbor's House) 1 LS $500.00 $500.00

13. 6" Vertical Curb and Gutter 198 LF $21.00 $4,158.00

14. Sidewalk (At Northeast Corner of Sierra/Claus) 1,049 SF $5.20 $5,454.80

15. Sidewalk (Connection to Existing Claus Road Sidewalk North of Sierra Street) 276 SF $5.20 $1,435.20

16. Handicap Ramp (North side of Sierra/Claus Intersection) 2 EA $1,780.00 $3,560.00

17. Crosswalk striping and signage (at Sierra/Claus Intersection) 1 LS $3,245.00 $3,245.00

18. RRFB crosswalk equipment (at Sierra/Claus Intersection) 1 LS $36,000.00 $36,000.00

19. 2x4 Headerboard (East Side of Claus Road, North of Sierra Street Intersection) 53 LF $7.50 $397.50 Sub-Total $231,731.30
$425,173.20
A. REMAINDER OF IN-TRACT IMPROVEMENTS (CENTRAL AVENUE)
B. OFF-SITE WATER ITEMS
D. OFF-SITE STREET WORK
C. OFF-SITE STORM DRAIN ITEMS

GRAND TOTAL

BONDING COST ESTIMATE
April 18, 2023
The Heritage Collection at Sierra Street - Phase 2

RIVERBANK, CALIFORNIA
EXHIBIT "C"
4206 TECHNOLOGY DRIVE, SUITE 4, MODESTO, CA 95356 • PHONE: (209) 545-3390 • FAX: (209) 545-3875 • www.assoceng.com

Page 1 of 2 ends

Item 9.7 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.7
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject/ Title: Resolution to approve Final Map 04-2022 The Heritage – APN:
062-020-001
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
Approve the Final Map (“FM”) for SCM Hearthstone, LLC and The Heritage based on the required finding that the map is in conformity with the provisions of subdivision law and city code.

BACKGROUND
On September 14, 2021, the City Council adopted Ordinance No. 2021-006 approving a Rezone. This action rezoned the property to Planned Development (PD) and allows for a density of eight to sixteen (8-16) dwelling units per net acre.

On September 14, 2021, the City Council adopted Resolution No. 2021-084, approving Tentative Subdivision Map No. 01-2021 (“the Heritage Collection Tentative Map”) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of 47 residential lots on 5.9 acres (Attachment 2).

On May 24, 2022, the City Council adopted Ordinance No. 2022-003, approving a Development Agreement (“DA”) which contains the rights and responsibilities of the developer and the City.

Pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting

Page 2 of 2 ends

Item 9.7 – CC/LRA – 06/13/2023
at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The Council shall disapprove the map if it is determined not to be in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons thereof.

The City Engineer and Planning and Building Manager have reviewed the final map (Exhibit A) and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the tentative map. The Project is compliant with CEQA – the Project qualified for a Notice of Exemption.

FISCAL IMPACT
None.

ATTACHMENTS

1. City Council Resolution 2023-
Exhibit A - Final Map

2. Resolution 2021-084 with Tentative Map

Page 1 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING FINAL MAP 04-2022 FOR SCM HEARTHSTONE, LLC
FOR THE HERITAGE AT 6448 CLAUS ROAD (APN 062-020-001)

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

WHEREAS, SCM Hearthstone, LLC is the property owner and applicant for The Heritage Final Map 04-2022; and
WHEREAS, on September 14, 2021, the City Council adopted Ordinance No. 2021-006 approving a Rezone. This action rezoned the property to Planned Development (PD) and allows for a density of eight to sixteen (8-16) dwelling units per net acre; and WHEREAS, on September 14, 2021, the City Council adopted Resolution No. 2021-084, approving Tentative Subdivision Map No. 01-2021 (“the Heritage Collection Tentative Map”) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of 47 residential lots on 5.9 acres;
WHEREAS, on May 24, 2022, the City Council adopted Ordinance No. 2022-003, approving a Development Agreement (“DA”); and
WHEREAS, the City has now received a Final Map application to subdivide the approximately 5.9 acre site into fourty-seven (47) lots at 6448 Claus Road; and WHEREAS, the City Engineer and Planning and Building Manager have reviewed the final map and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the tentative parcel map; and WHEREAS, pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Engineer to record Final Map 04-2022 (Exhibit A) ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-
for The Heritage and SCM Hearthstone, LLC upon determination that the map is in conformity with the provisions of state law.

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Exhibit A - Final Map
DATED THIS DAY OF , 2023.

OWNER'S STATEMENT:

MARK A. TRINTA, SECRETARY
CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE:

THIS IS TO CERTIFY THAT THE OWNERS OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HAVE FILED WITH THE BOARD OF SUPERVISORS:

A. A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE

PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES,

WHICH ARE AT THE TIME OF FILING THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.

B. RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE

REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL APPLICABLE ELIZABETH A. KING
CLERK OF THE BOARD OF SUPERVISORS.

TAX COLLECTOR'S CERTIFICATE:

DONNA RILEY
STANISLAUS COUNTY TAX COLLECTOR.

DATED THIS DAY OF , 2023.

PRINT NAME
BY: , DEPUTY
BY: , DEPUTY

PRINT NAME
SURVEYOR'S STATEMENT:

DATED THIS DAY OF , 2023.

DUSTIN BYRON WILTON, P.L.S. 8080
CITY LAND SURVEYOR'S STATEMENT:

WILLIAM F. KULL, LS 5792
DATED THIS DAY OF , 2023.

CITY LAND SURVEYOR, CITY OF RIVERBANK

PLANNING COMMISSION STATEMENT
DATED THIS DAY OF , 2023.

DONNA M. KENNEY, SECRETARY

PLANNING COMMISSION, CITY OF RIVERBANK, CALIFORNIA
CITY CLERK'S STATEMENT:

GABRIELA HERNANDEZ, CITY CLERK
ASSOCIATED ENGINEERING JOB NO. 383C-21 SHEET 1 OF 3
CITY OF RIVERBANK PLANNING COMMISSION RES. NO. 2021-016 (CHECK ONE)
OWNER: SCM HEARTHSTONE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SCM HEARTHSTONE, LLC IN MAY, 2023. I HEREBY

STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE MAY, 2025 AND

THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND

THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

THIS IS TO CERTIFY THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO

THE TENTATIVE MAP AND ANY ACTION TAKEN THEREON BY THE CITY OF

RIVERBANK PLANNING COMMISSION AT A REGULAR MEETING HELD ON AUGUST 17, 2021 BY RESOLUTION NO. 2021-016.

THIS IS TO CERTIFY THAT AT ITS REGULAR MEETING HELD ON THE _______DAY OF ______________, 2023, THE CITY COUNCIL OF THE CITY OF RIVERBANK, COUNTY

OF STANISLAUS, STATE OF CALIFORNIA, APPROVED THIS FINAL MAP AND HEREBY

ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE STREETS, AVENUES,

ROADS, EASEMENTS, AND OTHER PUBLIC PLACES AND DEDICATIONS AS SHOWN ON THIS FINAL MAP. SAID ACCEPTANCE IS MADE UNDER AUTHORITY OF THE CITY OF RIVERBANK, RESOLUTION NO. 98-97, ADOPTED AUGUST 24, 1998. SAID

APPROVAL IS NOT TO BE CONSTRUED AS ACCEPTANCE OF THE REMAINING STREETS SHOWN THEREON.

DATED THIS ________ DAY OF __________________________, 2023.

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THE SUBDIVISION SHOWN HERON IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF ANY, AND ANY APPROVED ALTERATIONS THEREOF. I FURTHER STATE THAT THIS MAP COMPLIES WITH ALL THE PROVISIONS OF CHAPTER 2 OF THE CALIFORNIA SUBDIVISION MAP ACT, AND THE CITY

OF RIVERBANK MUNICIPAL CODE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BE COMPLIED WITH, AND THE MAP IS TECHNICALLY CORRECT.

THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THIS SUBDIVISION OR

ANY PART THEREOF FOR ANY UNPAID STATE, COUNTY, SCHOOLS, MUNICIPAL OR

LOCAL TAXES, OR SPECIAL ASSESSMENTS, EXCEPT SPECIAL ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON THIS MAP.

ASSESSOR'S PARCEL NO. 062-020-033 AND 062-020-034
COUNTY RECORDER'S CERTIFICATE:

DONNA LINDER
FILED THIS DAY OF , 2023, AT O'CLOCK .M.

IN BOOK OF MAPS, AT PAGE , STANISLAUS COUNTY RECORDS,
AT THE REQUEST OF ASSOCIATED ENGINEERING GROUP, INC.

INSTRUMENT NO.

FEE PAID

STANISLAUS COUNTY CLERK RECORDER
BY: , DEPUTY

PRINT NAME
TAXES.

STANISLAUS COUNTY, CALIFORNIA.

CITY OF RIVERBANK VTSM 01-2021
COUNTY OF :

NOTARY'S ACKNOWLEDGMENT:

STATE OF CALIFORNIA:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

ON BEFORE ME, , A NOTARY PUBLIC,

PERSONALLY APPEARED,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE

PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
, NOTARY PUBLIC
PRINT NAME:

COMMISSION NUMBER:

COMMISSION EXPIRES:

PRINCIPAL OFFICE LOCATION (COUNTY):

COUNTY OF :

NOTARY'S ACKNOWLEDGMENT:

STATE OF CALIFORNIA:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

ON BEFORE ME, , A NOTARY PUBLIC,

PERSONALLY APPEARED,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE

WITNESS MY HAND.
, NOTARY PUBLIC
PRINT NAME:

COMMISSION NUMBER:

COMMISSION EXPIRES:

PRINCIPAL OFFICE LOCATION (COUNTY):

DATED THIS DAY OF , 2023.

CHRIS ZABALLOS, VICE PRESIDENT
BENEFICIARY: D.R. HORTON BAY, INC., A DELAWARE CORPORATION DATED THIS DAY OF , 2023.

MARK A. TRINTA, SECRETARY
OWNER: SUMMERFAIRE COMMERCE CENTER, LLC, A NEVADA LIMITED LIABILITY

COMPANY

EXHIBIT A
BASIS OF BEARINGS: SHEET 2 OF 3 HERITAGE COLLECTION BEING PARCELS A, B, C & D AS SHOWN ON THAT MAP FILED IN BOOK 21 OF PARCEL MAPS AT PAGE 13, STANISLAUS COUNTY RECORDS, AND LYING WITHIN A PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN CITY OF RIVERBANK, COUNTY OF STANISLAUS, STATE OF CALIFORNIA MAY, 2023 LEGEND: REFERENCES: GENERAL NOTES: CITY OF RIVERBANK VTSM 01-2021 CENTRAL AVENUE SIERRA STREET B.N. & S.F. RAILROAD

CLAUS ROAD SANTA FE STREET

SNEDIGAR ROAD

EQUESTRIAN
DRIVE
CERVI
ROAD SIERRA STREET PARCEL "A" PURSUANT TO CITY OF
SCALE:1"=80' 5.909 ACRES NET -0.057 ACRES CLAUS RD. R/W -0.524 ACRES SIERRA ST. R/W 6.490 ACRES GROSS RIVERBANK CER. OF LLA DOC. NO. 2022-0047827 DETAIL "A" DETAIL "B" SEE SHEET 3 OF 3 FOR SUBDIVISION DETAIL 5.769 ACRES GROSS PATTERSON ROAD 12345678 9 10 11 12 13 14 15 16 17 18 19 20 29 28 27 26 25 24 23 22 21 30 31 32 33 34 35363738 39 40 41 42 43 44454647

MAPLE LEAF LANE

MOSS CREEK FRENCH OAK STREET

CENTRAL AVENUE SIERRA STREET
SCALE:1"=40' B.N. & S.F. RAILROAD SHEET 3 OF 3 HERITAGE COLLECTION BEING PARCELS A, B, C & D AS SHOWN ON THAT MAP FILED IN BOOK 21 OF PARCEL MAPS AT PAGE 13, STANISLAUS COUNTY RECORDS, AND LYING WITHIN A PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN CITY OF RIVERBANK, COUNTY OF STANISLAUS, STATE OF CALIFORNIA MAY, 2023 CERVI

EQUESTRIAN
COURT CITY OF RIVERBANK VTSM 01-2021
ATTACHMENT 2

Page 1 of 2 ends

Item 9.8 – CC/LRA 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.8
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject/ Title: Resolution to Award Bid for the Third Street Parking Lot Project to Consolidated Engineering, Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $341,054 from American Rescue Plan Act Funds
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Dev. Services Administration Manager Laura Graybill, Senior Project Coordinator

RECOMMENDATION
It is recommended that City Council approve three (3) actions by a roll call vote:

1. Adopt a Resolution to Award bid to the lowest responsible bidder, Consolidated Engineering Inc.; and

2. Authorize the City Manager to execute Change Orders within total project budget; and

3. Authorize a budget amendment for an additional $341,054.00 from American Rescue Plan Act.

SUMMARY
The project consists of constructing a new parking lot for the downtown at the properties located at 6813 3rd Street & 6825 3rd Street. This will provide 45 new parking spaces for the downtown area with solar lighting and a french drain storm system. Demolition has already been completed with the removal of the old church building, all concrete, ADA ramp, cyclone fence and trees on the two lots.

The bid opening was held on Thursday, May 25, 2023 to consider the bids for the Third Street Parking Lot Project. The following bids were received:

Consolidated Engineering Inc. $325,099.00
Hensley's Paving & General Engineering Inc $336,444.03
Ross F. Carroll, Inc. $342,300.00

Page 2 of 2 ends

Item 9.8 – CC/LRA 06/13/2023
United Pavement Maintenance, Inc. $431,039.00
Sinclair General Engineering Construction Inc. $464,569.34 Work on the project includes, but is not limited to, furnishing all labor, materials, equipment, transportation, and incidentals necessary for, site grading, asphalt paving, storm drain, concrete curb, gutter, sidewalk, light fixtures, traffic control and all other work included on the plans for the above mentioned project.

Bids have been reviewed and Consolidated Engineering Inc. has been identified as the lowest responsible bidder for the project and staff recommends that the project be awarded in the amount of $325,099.00.

Staff originally budgeted $125,000.00 for construction from the American Rescue Plan Act but purchase price for the properties came in over budget. To date spending includes preliminary engineering $19,500.00, environmental testing $775.00 and demolition $22,550.00. The low bid came in at $325,099.00 but fortunately the City has funds available in American Rescue Plan Act to cover the additional costs plus 10% contingency of $32,510.00, construction testing $4,000.00 and construction engineering $10,000. A budget amendment is requested from American Rescue Plan Act in the amount of an additional $351,054.00 to complete the project.

It is also requested that the City Council provide the City Manager authorization to execute Change Orders if they are within total budget.

FINANCIAL IMPACT
Initial funding was been programmed for this project with American Rescue Plan Act Funds, a budget amendment of $341,054.00 is being requested.

ATTACHMENT

1) Resolution 2023-
2) Site Map
Original Budget 425,000.00
Costs to Date 394,444.41
Remaining Budget 30,555.59
Consolidated Engineering 325,099.00
Contingency 32,510.00
Construction Testing 4,000.00
Construction Engineering 10,000.00
Total Construction Costs 371,609.00
Additional Funds Required 341,053.41
Total Budget 766,053.41

Page 1 of 2 ends

CC/LRA- 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, TO AWARD A CONTRACT FOR THE

THIRD STREET PARKING LOT PROJECT
WITH CONSOLIDATED ENGINEERING INC. IN THE AMOUNT OF $325,099.00,

AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID CONTRACT AND

APPROVE CHANGE ORDERS UP TO THE PROJECT CONTINGENCY FUND OF $32,510.00, AND AUTHORIZE A BUDGET AMENDMENT OF AN ADDITIONAL $256,924.00 IN FUNDING FROM THE AMERICAN RESCUE PLAN ACT FUND

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

WHEREAS, the Third Street Parking Lot Project includes work to for install perimeter fencing, vehicle & pedestrian access gates and electronic control systems; and
WHEREAS, the City published a Notice to Bidders inviting interested bidders to submit their sealed bids for the Project; and
WHEREAS, on May 25, 2023, the City of Riverbank received five (5) bid and publicly opened and read the bids; and
WHEREAS, the apparent responsive and responsible low bidder is Consolidated Engineering Inc., in the amount of $325,099; and
WHEREAS, staff also recommends that the City Council approve a project contingency of $32,510.00 for the Project to fund additional work as needed during renovation and construction; and
WHEREAS, staff is requesting a budget amendment of an additional $256,924.00 from American Rescue Plan Act to be combined with the original budgeted amount to complete the project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves a contract with Consolidated Engineering Inc., in the amount of $325,099; and
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes the City Manager to execute the said contract and approve change orders up to the project contingency funds of $32,510.00; and ATTACHMENT 1

Page 2 of 2 ends

CC/LRA- 06/13/2023
CC Resolution 2023-
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes a budget amendment of an additional $94,923.00 from American Rescue Plan Act to be combined with the original budgeted amount to complete the project.

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________ _____________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Site Map
Third Street Parking Lot Project
ATTACHMENT 2

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Item 9.9 - CC/LRA- 06/13/2023

RIVERBANK CITY COUNCIL / LOCAL REDELOPMENT AUTHORITY
AGENDA ITEM NO. 9.9
SECTION 9: CONSENT CALENDAR
Meeting Date: June 13, 2023
Subject/ Title: Resolution to Award Bid for the Pavement Restoration 2023 Project to Pavement Coatings Co. and Authorize Execution of Future Change Orders
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager Laura Graybill, Senior Project Coordinator

RECOMMENDATION
It is recommended that City Council approve two (2) actions by a roll call vote:

1. Adopt a Resolution to Award bid to the lowest responsible bidder, Pavement Coatings Co.; and

2. Authorize the City Manager to execute Change Orders within total project budget.

SUMMARY
On November 8, 2016 the Stanislaus County voters approved a ½ cent sales tax measure (Measure L) to fund local and regional transportation projects and programs.

Through an analysis of the City’s Pavement Management Plan the City has identified 23 road segments (991,802 sq. ft.) that are proposed to receive Type II Micro-Surfacing using funds the City has received through Measure L.

Type II Micros-Surfacing is similar to a slurry seal. It consists of the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and chemical additives to an existing asphalt concrete pavement surface. Polymer is commonly added to the asphalt emulsion to provide better mixture properties. The major difference between slurry seal and microsurfacing is in how they “break” or harden.

Slurry relies on evaporation of the water in the asphalt emulsion. The asphalt emulsion used in micro-surfacing contains chemical additives which allow it to break without relying on the sun or heat for evaporation to iccur. Thus, micro-surfacing is an application that hardens quicker than slurry seals. Streets that have a lot of shade and streets that have a lot of traffic are good candidates for micro-surfacing.

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Item 9.9 - CC/LRA- 06/13/2023
The bid opening was held on Thursday, May 25, 2023 to consider the bids for the Pavement Restoration 2023 Project. The following bids were received:

Pavement Coatings Co. $691,651.80
American Pavement Systems Inc. $704,777.78
Dryco Construction Inc. $717,914.80
VSS International, Inc. $733,876.03
Doolittle Construction $790,790.00
Work on the project includes, but is not limited to, furnishing all labor, materials, equipment, transportation, and incidentals necessary for the installation of a Type II Micro-Surfacing, striping removal, installation of new striping, traffic control, street sweeping, and all other work included on the plans for the above mentioned project.

Bids have been reviewed and Pavement Coatings Co. has been identified as the lowest responsible bidder for the project.

It is requested that the City Council provide the City Manager authorization to execute Change Orders if they are within total budget.

As this project will impact commercial areas, particularly our downtown, city staff and the contractor will be sure to provide sufficient advance notice of the work to be performed.

FINANCIAL IMPACT
Funding has been programmed for this project with Measure L Funds, $740,000.00.

ATTACHMENT

1) Draft City Council Resolution 2023-
2) Site Map

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CC/LRA – 6/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, TO AWARD A CONTRACT FOR THE
PAVEMENT RESTORATION 2023 PROJECT WITH
PAVEMENT COATINGS CO., IN THE AMOUNT OF $691,651.80, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE SAID CONTRACT AND

APPROVE THE CHANGE ORDERS UP TO THE PROJECT CONTINGENCY FUND OF $48,348.20

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

WHEREAS, the Pavement Restoration 2023 Project includes 23 road segments (991,802 sq. ft.) to Type II Micro-Surfacing, striping removal, installation of new striping, traffic control, street sweeping; and
WHEREAS, the City published a Notice to Bidders inviting interested bidders to submit their sealed bids for the Project; and
WHEREAS, on May 25, 2023, the City of Riverbank received five (5) bids and publicly opened and read the bids; and
WHEREAS, the apparent responsive and responsible low bidder is Pavement Coatings Co., in the amount of $691,651.80; and
WHEREAS, it is recommended that the City Council approve a project contingency of $48,348.20 for the Project to fund additional work as needed during renovation and construction.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves a contract with Pavement Coatings Co., in the amount of $691,651.80.

AND NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes the City Manager to execute said contract and approve change orders up to the project contingency funds of $48,348.20.

ATTACHMENT 1

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CC/LRA – 6/13/2023
CC Resolution 2023-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
_________________________ _____________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Contract
O.I.D
M. I. D. LATERAL #6 100' R/W
O.I.D
M.I.D. MAIN CANAL 150'R/W
SHT-3
SHT-4
SHT-7
SHT-6
SHT-2
SHT-5
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 2000'
1 PAVEMENT RESTORATION PROJECT
COVER SHEET - 2023

RIVERBANK, CALIFORNIA
8 CITY OF RIVERBANK

PAVEMENT RESTORATION
PROJECT 2023
12/31/24 - MICRO-SURFACING
ATTACHMENT 2
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
2 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
3 STREET INDEX - 2023

PAVEMENT RESTORATION PROJECT

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
4 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING
O.I.D
M.I.D. MAIN CANAL 150'R/W
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
5 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING

CARDOZO
SCHOOL

CASTLEBERG PARK

CALIFORNIA
AVENUE
SCHOOL
COMM.

CENTER &
PARK
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
6 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING
O.I.D
M.I.D. MAIN CANAL 150'R/W
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
1" = 600'
7 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 12/31/24
- MICRO-SURFACING
JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
NWP
22167
WFK
N/A
8 PAVEMENT RESTORATION PROJECT
STREET INDEX - 2023

RIVERBANK, CALIFORNIA
8 4'
3'

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Item 10.1 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: June 13, 2023
Subject/ Title: Consolidated Landscaping & Lighting District 1) Resolution of the City Council of the City of Riverbank, California, Amending and/or Approving the Engineer’s Report for the Riverbank Consolidated Landscaping and Lighting District; and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024.
2) Resolution of the City Council of the City of Riverbank, California Ordering the Levy and Collection of Annual Assessments for the Riverbank Consolidated Landscaping and Lighting District for Fiscal Year 2023/2024.

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

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2023/2024.

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

The Engineer’s Annual Levy Report for Fiscal Year 2023/2024 has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. The report details the improvements and financial information including the district budgets and proposed annual assessments. The costs of improvements and the annual levy including

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Item 10.1 – CC/LRA – 06/13/2023
all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportinate to the parcel’s special benefit zones. The attached resolutions represent the final steps in the annual levy of assessments on the district for fiscal year 2023/2024.

The Engineer’s Report represents 6 different Districts: Courtney Estates, South Bend Estates, Elmwood Estates, Chianti, Sterling Ridge, and Eastwood Estates. The annual assessments for the Consolidated Districts all increased except for Zone 2 – Courtney Estates (this district only has street lighting). The annual increase for the other districts will cover the maintenance costs in the new Grover Landscaping Contract, and help cover tree trimming and unforeseen irrigation repairs.

Therefore, it is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Consolidated Landscaping and Lighting District for Fiscal Year 2023/2024.

FISCAL IMPACT:

FY 22/23 FY 23/24 Change in Assessment
Courtney Estates $ 25.50 $ 25.50 No Change
South Bend Estates $ 82.14 $ 94.46 $12.32
Elmwood Estates $ 25.46 $ 26.22 $ .76
Chianti $ 61.06 $122.12 $61.06
Sterling Ridge $137.83 $141.98 $4.15
Eastwood Estates $ 90.64 $135.96 $45.32
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. (2) Resolutions

2. Engineer’s Annual Levy Report Consolidated Landscaping and Lighting District Fiscal Year 2023/2024

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CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ANNUAL

ASSESSMENTS FOR THE RIVERBANK CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, desires to levy and collected annual assessments against parcels of land within said territory designated as “Riverbank Consolidated Landscaping and Lighting District” (hereafter referred to as the “District”) and the Zones therein for Fiscal Year 2023/2024 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to levy and collected the annual assessments for the District for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report that describes the District and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, pursuant to the provisions of the Act; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on June 13, 2023, regarding the District, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act.

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

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

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

ATTACHMENT 1

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CC/LRA – 06/13/2023
CC Resolution 2023-
Section 2 The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District.

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

Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto; and, b. The District includes all of the lands so benefited; and, c. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

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

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

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

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CC/LRA – 06/13/2023
CC Resolution 2023-
• Parkway and perimeter landscaping adjacent to the District boundaries associated with the residential subdivision and dedicated and accepted by the City of Riverbank for maintenance;
• Public lighting facilities including street lighting, and landscape lighting within public areas;
• All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

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

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

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

Section 10 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 13th day of June, 2023; motioned by , seconded by , 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

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CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a Report in connection with the “Riverbank Consolidated Landscaping and Lighting District” (hereafter referred to as the “District”), the Zones therein and the proposed levy and collection of annual assessments against parcels of land for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Riverbank, California and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Riverbank Consolidated Landscaping and Lighting District, Fiscal Year 2023/2024” as required by the Act; and WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report.

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

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

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

ATTACHMENT 2

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CC/LRA – 06/13/2023
CC Resolution 2023-
c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The Annual Budget (Costs and Expenses) and the resulting assessment (Levy per benefit unit) for the fiscal year. e. The District Roll containing the proposed Levy for each Assessor Parcel Number within the District for Fiscal Year 2023/2024.

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

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

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

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

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
___________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Engineer’s Report – Consolidated L&L for FY2023-24 City of Riverbank
Consolidated
Landscaping and Lighting District
2023/2024 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 23, 2023
Public Hearing: June 13, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 3

TABLE OF CONTENTS
PART I - OVERVIEW 1
A. INTRODUCTION 1
B. APPLICABLE LEGISLATION 2
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
PART II - PLANS AND SPECIFICATIONS 4
A. CHANGES OR MODIFICATIONS TO THE DISTRICT 4
B. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND SERVICES 6 C. DISTRICT ZONES AND SPECIFIC IMPROVEMENTS 6
PART III - METHOD OF APPORTIONMENT 10
A. GENERAL 10
B. BENEFIT ANALYSIS 10
C. ASSESSMENT METHODOLOGY 12
PART IV - DISTRICT BUDGET FISCAL YEAR 2023/2024 14
PART V - DISTRICT BOUNDARY MAPS 15
PART VI — 2023/2024 ASSESSMENT ROLL 18
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 1 of 28

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

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, all Zones and improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2023/2024. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy for each Zone include all expenditures, deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives special benefits.

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

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer’s Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rates and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2023/2024.

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

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 2 of 28 parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates contained in this Report as approved by the City Council.

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

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

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 3 of 28 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 4 of 28  Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

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

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

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

In Fiscal Year 2000/01, Zone 1 (Avery Estates) and Zone 4 (Sierra Vista Estates Unit 2) were detached from the Consolidated District.
 Zone 1 was initially established within the District to provide landscaping and lighting improvements within a planned residential development known as Avery Estates. This development was to include a small eleven-unit residential City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 5 of 28 subdivision generally located south of Townsend Avenue and east of Terminal Avenue, directly south and adjacent to Reich Lane. This residential subdivision was not developed and the proposed improvements to be installed never materialized. The tentative tract map for this subdivision has expired and therefore the Zone was detached from the District.
 Zone 4 was initially established within the District to provide landscaping and lighting improvements including street lighting, a drainage pond, and fencing within the development known as Sierra Vista Estates Unit 2. This development was to include a small ten-unit residential subdivision generally located south of Reich Lane, east of Terminal Avenue, north of Van Dusen Avenue, and west of Claus Road. This original residential subdivision was not completed as planned and only the street lighting improvements had been installed. On February 14, 2000, the City formed Landscaping and Lighting District No. 2000-01 (Sierra Vista Estates) that incorporated the original Sierra Vista Estates Unit 2 (Zone 4) as well as other properties. Concurrently with the formation of this new 1972 Act district, Zone 4 was detached from the Consolidated District.

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 6 of 28 B. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND SERVICES Each Zone within the District consists of properties, subdivisions and developments that are clearly associated with the improvements maintained by the District. The parcels assessed for special benefits are all part of a development or subdivision that originally installed the improvements or are directly associated with the improvements by proximity and receive special benefits from those improvements.

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

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

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 7 of 28 The improvements maintained and serviced within Zone 2 include two (2) street lights installed as part of the residential development.
 One (1) street light is located at the west end of Courtney Court (end of the cul-desac);  One (1) street light is located at the entrance to the development on the northwest corner of Courtney Court and Jackson Avenue.

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

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

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

The improvements maintained and serviced within Zone 5 were installed as part of the residential development and include ten (10) street lights and approximately 830 linear feet of parkway landscaping associated with the Elmwood Estates Unit 1 development and ten (10) street lights associated with the Elmwood Estates Unit 2 development.  One (1) street light is located on the perimeter of the development at the northeast corner of Roselle Avenue and Rosebrook Drive;
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 8 of 28  The remaining nine (9) street lights are locate within the residential subdivision on Greenoaks Court, Aspen Court, Rosebrook Drive, Greenoaks Drive and Aspen Lane;
 Approximately 830 linear feet of parkway landscaping adjacent to the subdivision along the east side of Roselle Avenue (the entire length of the Elmwood Estates Unit 1 subdivision).
 Ten (10) street lights are located within the residential subdivision Unit 2 on South Rosebrook Drive, Pierce Lane, Walnut Lane and Sutton Road; Zone 6 (Chianti Subdivision Unit 1) – The Tract encompasses the area of land identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Number 075-031-035 (2.816 acres) located west of Roselle Avenue and south of Morrill Road. It is proposed to include 13 Single-Family Residential lots at full development.  The Improvements serviced and maintained within Zone 6 consist of 2,205 square feet of landscaping along Roselle Avenue and three (3) 150W street lights on Caviani Court.

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 9 of 28 The table below lists the various Zones within the District and summarizes the number of parcels, the Equivalent Dwelling Units (EDU) and the improvements within each Zone:

Benefit Zones
Zone Description Parcels EDU Lights Landscape
2 Courtney Estates 12 12 2 0 LF
3 South Bend Units 1 & 2 71 71 16 1,310 LF
5 Elmwood Estates Units 1 & 2 178 178 20 830 LF
6 Chianti Subdivision 13 13 3 2,205 SF
7 Sterling Ridge 183 183 33 111,589 SF
8 Eastwood Estates 7 7 2 800 SF
Number of Improvements
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 10 of 28

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

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

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

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

Specifically, the assessments associated with each Zone are for the maintenance of local landscaping and/or street lighting within the Zones. The desirability and security of City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 11 of 28 properties within each Zone are enhanced by the presence of street lighting and wellmaintained landscaping in close proximity to those properties.

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

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 12 of 28 General Benefits – The Zone improvements to be provided and maintained by the District are a direct result of property development within the Zones and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the Zone properties being developed and not for the benefit of surrounding properties outside the District boundaries. Although the Zone improvements (by virtue of their location) may be visible to surrounding properties, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit. Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments. Therefore, it has been determined that the Zone improvements and the on-going operation and maintenance of those improvements provide no identifiable or measurable general benefit to properties outside the District Zones or to the public at large.

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

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

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

For Zone 6 Chianti, Zone 7 Sterling Ridge, and Zone 8 Eastwood Estates, the Maximum Assessment is equal to the Initial Assessment approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward Area for All Urban Consumers. Beginning in the second City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 13 of 28 fiscal year of the District and each fiscal year thereafter, the Maximum Assessment will be recalculated and a new Maximum Assessment established. The CPI used to calculate the Maximum Assessment for FY 2023/24 is 5.30%.

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

Total Balance to Levy / Total Assessable Parcels in Zone = Parcel Levy Amount
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 14 of 28 PART IV - DISTRICT BUDGET FISCAL YEAR 2023/2024
Zone No. 2 Zone No. 3 Zone No. 5 Zone No. 6 Zone No. 7 Zone No. 8 Courtney South Bend Elmwood Chianti Sterling Eastwood
Estates Estates Estates Ridge Estates District
Units 1 & 2 Units 1 & 2 Unit 1 Unit 1 Unit 1 Totals

DIRECT COSTS
Landscape Maintenance $0 $6,720 $2,760 $2,570 $6,420 $2,520 $20,990 Landscape Utilities 0 1,000 640 110 2,591 155 4,496
Utilities 121 0 0 0 0 0 121
Repairs/Abatement 71 200 200 0 10,000 0 10,471
Street Lighting 40 144 40 46 504 34 808
Street Light Utilities 0 0 0 0 0 0 0
Miscellaneous/Materials/Equipment 0 0 0 0 0 0 0
Direct Costs (Subtotal) $232 $8,064 $3,640 $2,726 $19,515 $2,709 $36,886

ADMINISTRATION COSTS
City Administration & Overhead $0 $0 $0 $0 $2,500 $0 $2,500 District Administration 76 447 1,121 82 1,152 44 2,921
County Administration Fee 3 15 37 3 38 1 97
Administration Costs (Subtotal) $78 $462 $1,158 $85 $3,690 $46 $5,518

LEVY BREAKDOWN
Total Direct and Admin. Costs $310 $8,526 $4,798 $2,811 $23,205 $2,755 $42,404 Reserve Collection/ (Transfers) (4) (1,819) (130) (1,223) 2,776 (1,803) (2,202) Contribution Replenishment 0 0 0 0 0 0 0
Other Revenues/General Fund Contribution 0 0 0 0 0 0 0
Capital Improvement Project Fund Collection/(Transfer) 0 0 0 0 0 0 0 Balance to Levy $306 $6,707 $4,668 $1,588 $25,981 $952 $40,201

DISTRICT STATISTICS
Total Parcels 12 71 178 13 188 7 469
Total Parcels Levied 12 71 178 13 183 7 464
Total Equivalent Dwelling Units (EDU) 12.00 71.00 178.00 13.00 183.00 7.00 464.00 Levy Per EDU $25.50 $94.46 $26.22 $122.12 $141.98 $135.96 Maximum Levy per EDU $42.64 $95.00 $59.60 $199.09 $364.24 $283.44

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $217 $4,237 $3,322 $2,472 $118,770 $1,983 $131,001 Reseve Fund Activity (4) (1,819) (130) (1,223) 2,776 (1,803) (2,202) Ending Reserve Fund Balance (Projected) $213 $2,418 $3,192 $1,249 $121,547 $181 $128,799 Beginning Capital Improvement Project Fund $0 $0 $0 $0 $0 $0 $0 Capital Improvement Project Fund Activity 0 0 0 0 0 0 0 Ending Capital Improvement Project Fund $0 $0 $0 $0 $0 $0 $0 City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 15 of 28

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

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 16 of 28

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 17 of 28 City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 18 of 28 PART VI — 2023/2024 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Stanislaus County Assessor's map for the year in which this Report is prepared.

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

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

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

City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 19 of 28 APN EDUs Zone Charge
075-043-056-000 1.00 2 $25.50
075-043-057-000 1.00 2 25.50
075-043-058-000 1.00 2 25.50
075-043-059-000 1.00 2 25.50
075-043-060-000 1.00 2 25.50
075-043-061-000 1.00 2 25.50
075-043-062-000 1.00 2 25.50
075-043-063-000 1.00 2 25.50
075-043-064-000 1.00 2 25.50
075-043-065-000 1.00 2 25.50
075-043-066-000 1.00 2 25.50
075-043-067-000 1.00 2 25.50
Total: 12.00 $306.00
074-022-001-000 1.00 3 $94.46
074-022-002-000 1.00 3 94.46
074-022-003-000 1.00 3 94.46
074-022-004-000 1.00 3 94.46
074-022-005-000 1.00 3 94.46
074-022-006-000 1.00 3 94.46
074-022-007-000 1.00 3 94.46
074-022-008-000 1.00 3 94.46
074-022-009-000 1.00 3 94.46
074-022-010-000 1.00 3 94.46
074-022-011-000 1.00 3 94.46
074-022-012-000 1.00 3 94.46
074-022-013-000 1.00 3 94.46
074-022-014-000 1.00 3 94.46
074-022-015-000 1.00 3 94.46
074-022-016-000 1.00 3 94.46
074-022-017-000 1.00 3 94.46
074-022-018-000 1.00 3 94.46
074-022-019-000 1.00 3 94.46
074-022-020-000 1.00 3 94.46
074-022-021-000 1.00 3 94.46
074-022-022-000 1.00 3 94.46
074-022-023-000 1.00 3 94.46
074-022-024-000 1.00 3 94.46
074-022-025-000 1.00 3 94.46
074-022-026-000 1.00 3 94.46
074-022-029-000 1.00 3 94.46
074-022-030-000 1.00 3 94.46
074-022-031-000 1.00 3 94.46
074-022-032-000 1.00 3 94.46
074-022-033-000 1.00 3 94.46
074-022-034-000 1.00 3 94.46
074-022-035-000 1.00 3 94.46
074-022-036-000 1.00 3 94.46
074-022-037-000 1.00 3 94.46
074-022-038-000 1.00 3 94.46
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 20 of 28 APN EDUs Zone Charge
074-022-039-000 1.00 3 94.46
074-022-040-000 1.00 3 94.46
074-022-041-000 1.00 3 94.46
074-022-042-000 1.00 3 94.46
074-022-043-000 1.00 3 94.46
074-022-044-000 1.00 3 94.46
074-022-045-000 1.00 3 94.46
074-022-046-000 1.00 3 94.46
074-022-047-000 1.00 3 94.46
074-022-048-000 1.00 3 94.46
074-022-049-000 1.00 3 94.46
074-022-050-000 1.00 3 94.46
074-022-051-000 1.00 3 94.46
074-022-052-000 1.00 3 94.46
074-022-053-000 1.00 3 94.46
074-022-054-000 1.00 3 94.46
074-022-055-000 1.00 3 94.46
074-022-056-000 1.00 3 94.46
074-022-057-000 1.00 3 94.46
074-022-058-000 1.00 3 94.46
074-022-059-000 1.00 3 94.46
074-022-060-000 1.00 3 94.46
074-022-061-000 1.00 3 94.46
074-022-062-000 1.00 3 94.46
074-022-063-000 1.00 3 94.46
074-022-064-000 1.00 3 94.46
074-022-065-000 1.00 3 94.46
074-022-066-000 1.00 3 94.46
074-022-067-000 1.00 3 94.46
074-022-068-000 1.00 3 94.46
074-022-069-000 1.00 3 94.46
074-022-070-000 1.00 3 94.46
074-022-075-000 1.00 3 94.46
074-022-076-000 1.00 3 94.46
074-022-077-000 1.00 3 94.46
Total: 71.00 $6,706.66
075-049-001-000 1.00 5 $26.22
075-049-002-000 1.00 5 26.22
075-049-003-000 1.00 5 26.22
075-049-004-000 1.00 5 26.22
075-049-005-000 1.00 5 26.22
075-049-006-000 1.00 5 26.22
075-049-007-000 1.00 5 26.22
075-049-008-000 1.00 5 26.22
075-049-009-000 1.00 5 26.22
075-049-010-000 1.00 5 26.22
075-049-011-000 1.00 5 26.22
075-049-012-000 1.00 5 26.22
075-049-013-000 1.00 5 26.22
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 21 of 28 APN EDUs Zone Charge
075-049-014-000 1.00 5 26.22
075-049-015-000 1.00 5 26.22
075-049-016-000 1.00 5 26.22
075-049-017-000 1.00 5 26.22
075-049-018-000 1.00 5 26.22
075-049-019-000 1.00 5 26.22
075-049-020-000 1.00 5 26.22
075-049-021-000 1.00 5 26.22
075-049-022-000 1.00 5 26.22
075-049-023-000 1.00 5 26.22
075-049-024-000 1.00 5 26.22
075-049-025-000 1.00 5 26.22
075-049-026-000 1.00 5 26.22
075-049-027-000 1.00 5 26.22
075-049-028-000 1.00 5 26.22
075-049-029-000 1.00 5 26.22
075-049-030-000 1.00 5 26.22
075-049-031-000 1.00 5 26.22
075-049-032-000 1.00 5 26.22
075-049-033-000 1.00 5 26.22
075-049-034-000 1.00 5 26.22
075-049-035-000 1.00 5 26.22
075-049-036-000 1.00 5 26.22
075-049-037-000 1.00 5 26.22
075-049-038-000 1.00 5 26.22
075-049-039-000 1.00 5 26.22
075-049-040-000 1.00 5 26.22
075-049-041-000 1.00 5 26.22
075-049-042-000 1.00 5 26.22
075-049-043-000 1.00 5 26.22
075-049-044-000 1.00 5 26.22
075-049-045-000 1.00 5 26.22
075-049-046-000 1.00 5 26.22
075-049-047-000 1.00 5 26.22
075-049-048-000 1.00 5 26.22
075-049-049-000 1.00 5 26.22
075-049-050-000 1.00 5 26.22
075-049-051-000 1.00 5 26.22
075-049-052-000 1.00 5 26.22
075-049-053-000 1.00 5 26.22
075-049-054-000 1.00 5 26.22
075-049-055-000 1.00 5 26.22
075-049-056-000 1.00 5 26.22
075-049-057-000 1.00 5 26.22
075-049-058-000 1.00 5 26.22
075-049-059-000 1.00 5 26.22
075-049-060-000 1.00 5 26.22
075-049-061-000 1.00 5 26.22
075-049-062-000 1.00 5 26.22
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 22 of 28 APN EDUs Zone Charge
075-049-063-000 1.00 5 26.22
075-049-064-000 1.00 5 26.22
075-049-065-000 1.00 5 26.22
075-049-066-000 1.00 5 26.22
075-049-067-000 1.00 5 26.22
075-049-068-000 1.00 5 26.22
075-049-069-000 1.00 5 26.22
075-049-070-000 1.00 5 26.22
075-049-071-000 1.00 5 26.22
075-049-072-000 1.00 5 26.22
075-049-073-000 1.00 5 26.22
075-049-074-000 1.00 5 26.22
075-049-075-000 1.00 5 26.22
075-049-076-000 1.00 5 26.22
075-049-077-000 1.00 5 26.22
075-049-078-000 1.00 5 26.22
075-049-079-000 1.00 5 26.22
075-049-080-000 1.00 5 26.22
075-049-081-000 1.00 5 26.22
075-049-082-000 1.00 5 26.22
075-049-083-000 1.00 5 26.22
075-049-084-000 1.00 5 26.22
075-049-085-000 1.00 5 26.22
075-049-086-000 1.00 5 26.22
075-049-087-000 1.00 5 26.22
075-049-088-000 1.00 5 26.22
075-049-089-000 1.00 5 26.22
075-049-090-000 1.00 5 26.22
075-049-091-000 1.00 5 26.22
075-049-092-000 1.00 5 26.22
075-095-001-000 1.00 5 26.22
075-095-002-000 1.00 5 26.22
075-095-003-000 1.00 5 26.22
075-095-004-000 1.00 5 26.22
075-095-005-000 1.00 5 26.22
075-095-006-000 1.00 5 26.22
075-095-007-000 1.00 5 26.22
075-095-008-000 1.00 5 26.22
075-095-009-000 1.00 5 26.22
075-095-010-000 1.00 5 26.22
075-095-011-000 1.00 5 26.22
075-095-012-000 1.00 5 26.22
075-095-013-000 1.00 5 26.22
075-095-014-000 1.00 5 26.22
075-095-015-000 1.00 5 26.22
075-095-016-000 1.00 5 26.22
075-095-017-000 1.00 5 26.22
075-095-018-000 1.00 5 26.22
075-095-019-000 1.00 5 26.22
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 23 of 28 APN EDUs Zone Charge
075-095-020-000 1.00 5 26.22
075-095-021-000 1.00 5 26.22
075-095-022-000 1.00 5 26.22
075-095-023-000 1.00 5 26.22
075-095-024-000 1.00 5 26.22
075-095-025-000 1.00 5 26.22
075-095-026-000 1.00 5 26.22
075-095-027-000 1.00 5 26.22
075-095-028-000 1.00 5 26.22
075-095-029-000 1.00 5 26.22
075-095-030-000 1.00 5 26.22
075-095-031-000 1.00 5 26.22
075-095-032-000 1.00 5 26.22
075-095-033-000 1.00 5 26.22
075-095-034-000 1.00 5 26.22
075-095-035-000 1.00 5 26.22
075-095-036-000 1.00 5 26.22
075-095-037-000 1.00 5 26.22
075-095-038-000 1.00 5 26.22
075-095-039-000 1.00 5 26.22
075-095-040-000 1.00 5 26.22
075-095-041-000 1.00 5 26.22
075-095-042-000 1.00 5 26.22
075-095-043-000 1.00 5 26.22
075-095-044-000 1.00 5 26.22
075-095-045-000 1.00 5 26.22
075-095-046-000 1.00 5 26.22
075-095-047-000 1.00 5 26.22
075-095-048-000 1.00 5 26.22
075-095-049-000 1.00 5 26.22
075-095-050-000 1.00 5 26.22
075-095-051-000 1.00 5 26.22
075-095-052-000 1.00 5 26.22
075-095-053-000 1.00 5 26.22
075-095-054-000 1.00 5 26.22
075-095-055-000 1.00 5 26.22
075-095-056-000 1.00 5 26.22
075-095-057-000 1.00 5 26.22
075-095-058-000 1.00 5 26.22
075-095-059-000 1.00 5 26.22
075-095-060-000 1.00 5 26.22
075-095-061-000 1.00 5 26.22
075-095-062-000 1.00 5 26.22
075-095-063-000 1.00 5 26.22
075-095-064-000 1.00 5 26.22
075-095-065-000 1.00 5 26.22
075-095-066-000 1.00 5 26.22
075-095-067-000 1.00 5 26.22
075-095-068-000 1.00 5 26.22
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 24 of 28 APN EDUs Zone Charge
075-095-069-000 1.00 5 26.22
075-095-070-000 1.00 5 26.22
075-095-071-000 1.00 5 26.22
075-095-072-000 1.00 5 26.22
075-095-073-000 1.00 5 26.22
075-095-074-000 1.00 5 26.22
075-095-075-000 1.00 5 26.22
075-095-076-000 1.00 5 26.22
075-095-077-000 1.00 5 26.22
075-095-078-000 1.00 5 26.22
075-095-079-000 1.00 5 26.22
075-095-080-000 1.00 5 26.22
075-095-081-000 1.00 5 26.22
075-095-082-000 1.00 5 26.22
075-095-083-000 1.00 5 26.22
075-095-084-000 1.00 5 26.22
075-095-085-000 1.00 5 26.22
075-095-086-000 1.00 5 26.22
Total: 178.00 $4,667.16
075-031-036-000 1.00 6 $122.12
075-031-037-000 1.00 6 122.12
075-031-038-000 1.00 6 122.12
075-031-039-000 1.00 6 122.12
075-031-040-000 1.00 6 122.12
075-031-041-000 1.00 6 122.12
075-031-042-000 1.00 6 122.12
075-031-043-000 1.00 6 122.12
075-031-044-000 1.00 6 122.12
075-031-045-000 1.00 6 122.12
075-031-046-000 1.00 6 122.12
075-031-047-000 1.00 6 122.12
075-031-048-000 1.00 6 122.12
Total: 13.00 $1,587.56
075-088-001-000 1.00 7 $141.98
075-088-002-000 1.00 7 141.98
075-088-003-000 1.00 7 141.98
075-088-004-000 1.00 7 141.98
075-088-005-000 1.00 7 141.98
075-088-006-000 1.00 7 141.98
075-088-007-000 1.00 7 141.98
075-088-008-000 1.00 7 141.98
075-088-009-000 1.00 7 141.98
075-088-010-000 1.00 7 141.98
075-088-011-000 1.00 7 141.98
075-088-012-000 1.00 7 141.98
075-088-013-000 1.00 7 141.98
075-088-014-000 1.00 7 141.98
075-088-015-000 1.00 7 141.98
075-088-016-000 1.00 7 141.98
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 25 of 28 APN EDUs Zone Charge
075-088-017-000 1.00 7 141.98
075-088-018-000 1.00 7 141.98
075-088-019-000 1.00 7 141.98
075-088-020-000 1.00 7 141.98
075-088-021-000 1.00 7 141.98
075-088-022-000 1.00 7 141.98
075-088-023-000 1.00 7 141.98
075-088-024-000 1.00 7 141.98
075-088-025-000 1.00 7 141.98
075-088-026-000 1.00 7 141.98
075-088-027-000 1.00 7 141.98
075-088-028-000 1.00 7 141.98
075-088-029-000 1.00 7 141.98
075-088-030-000 1.00 7 141.98
075-088-031-000 1.00 7 141.98
075-088-032-000 1.00 7 141.98
075-088-033-000 1.00 7 141.98
075-088-034-000 1.00 7 141.98
075-088-035-000 1.00 7 141.98
075-088-036-000 1.00 7 141.98
075-088-037-000 1.00 7 141.98
075-088-038-000 1.00 7 141.98
075-088-039-000 1.00 7 141.98
075-088-040-000 1.00 7 141.98
075-088-041-000 1.00 7 141.98
075-088-042-000 1.00 7 141.98
075-088-043-000 1.00 7 141.98
075-088-044-000 1.00 7 141.98
075-088-045-000 1.00 7 141.98
075-088-046-000 1.00 7 141.98
075-088-047-000 1.00 7 141.98
075-088-048-000 1.00 7 141.98
075-088-049-000 1.00 7 141.98
075-088-050-000 1.00 7 141.98
075-088-051-000 1.00 7 141.98
075-088-052-000 1.00 7 141.98
075-088-053-000 1.00 7 141.98
075-088-054-000 1.00 7 141.98
075-088-055-000 1.00 7 141.98
075-088-056-000 1.00 7 141.98
075-088-057-000 1.00 7 141.98
075-088-058-000 1.00 7 141.98
075-088-059-000 1.00 7 141.98
075-088-060-000 1.00 7 141.98
075-088-061-000 1.00 7 141.98
075-088-062-000 1.00 7 141.98
075-088-063-000 1.00 7 141.98
075-089-001-000 1.00 7 141.98
075-089-002-000 1.00 7 141.98
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 26 of 28 APN EDUs Zone Charge
075-089-003-000 1.00 7 141.98
075-089-004-000 1.00 7 141.98
075-089-005-000 1.00 7 141.98
075-089-006-000 1.00 7 141.98
075-089-007-000 1.00 7 141.98
075-089-008-000 1.00 7 141.98
075-089-009-000 1.00 7 141.98
075-089-010-000 1.00 7 141.98
075-089-011-000 1.00 7 141.98
075-089-012-000 1.00 7 141.98
075-089-013-000 1.00 7 141.98
075-089-014-000 1.00 7 141.98
075-089-015-000 1.00 7 141.98
075-089-016-000 1.00 7 141.98
075-089-017-000 1.00 7 141.98
075-089-018-000 1.00 7 141.98
075-089-019-000 1.00 7 141.98
075-089-020-000 1.00 7 141.98
075-089-021-000 1.00 7 141.98
075-089-022-000 1.00 7 141.98
075-089-023-000 1.00 7 141.98
075-089-024-000 1.00 7 141.98
075-089-025-000 1.00 7 141.98
075-089-026-000 1.00 7 141.98
075-089-027-000 1.00 7 141.98
075-089-028-000 1.00 7 141.98
075-089-029-000 1.00 7 141.98
075-089-030-000 1.00 7 141.98
075-089-031-000 1.00 7 141.98
075-089-032-000 1.00 7 141.98
075-089-033-000 1.00 7 141.98
075-089-034-000 1.00 7 141.98
075-089-035-000 1.00 7 141.98
075-089-036-000 1.00 7 141.98
075-089-037-000 1.00 7 141.98
075-089-038-000 1.00 7 141.98
075-089-039-000 1.00 7 141.98
075-089-040-000 1.00 7 141.98
075-089-041-000 1.00 7 141.98
075-089-042-000 1.00 7 141.98
075-089-043-000 1.00 7 141.98
075-089-044-000 1.00 7 141.98
075-089-045-000 1.00 7 141.98
075-089-046-000 1.00 7 141.98
075-089-047-000 1.00 7 141.98
075-089-048-000 1.00 7 141.98
075-089-049-000 1.00 7 141.98
075-089-050-000 1.00 7 141.98
075-089-051-000 1.00 7 141.98
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 27 of 28 APN EDUs Zone Charge
075-089-052-000 1.00 7 141.98
075-089-053-000 1.00 7 141.98
075-089-054-000 1.00 7 141.98
075-089-055-000 1.00 7 141.98
075-089-056-000 1.00 7 141.98
075-089-057-000 1.00 7 141.98
075-089-058-000 1.00 7 141.98
075-090-001-000 1.00 7 141.98
075-090-002-000 1.00 7 141.98
075-090-003-000 1.00 7 141.98
075-090-004-000 1.00 7 141.98
075-090-005-000 1.00 7 141.98
075-090-006-000 1.00 7 141.98
075-090-007-000 1.00 7 141.98
075-090-008-000 1.00 7 141.98
075-090-009-000 1.00 7 141.98
075-090-010-000 1.00 7 141.98
075-090-011-000 1.00 7 141.98
075-090-012-000 1.00 7 141.98
075-090-013-000 1.00 7 141.98
075-090-014-000 1.00 7 141.98
075-090-015-000 1.00 7 141.98
075-090-016-000 1.00 7 141.98
075-090-017-000 1.00 7 141.98
075-090-018-000 1.00 7 141.98
075-090-019-000 1.00 7 141.98
075-090-020-000 1.00 7 141.98
075-090-021-000 1.00 7 141.98
075-090-022-000 1.00 7 141.98
075-090-023-000 1.00 7 141.98
075-090-024-000 1.00 7 141.98
075-090-025-000 1.00 7 141.98
075-090-026-000 1.00 7 141.98
075-090-027-000 1.00 7 141.98
075-090-028-000 1.00 7 141.98
075-090-029-000 1.00 7 141.98
075-090-030-000 1.00 7 141.98
075-090-031-000 1.00 7 141.98
075-090-032-000 1.00 7 141.98
075-090-033-000 1.00 7 141.98
075-090-034-000 1.00 7 141.98
075-090-035-000 1.00 7 141.98
075-090-036-000 1.00 7 141.98
075-090-037-000 1.00 7 141.98
075-090-038-000 1.00 7 141.98
075-090-039-000 1.00 7 141.98
075-090-040-000 1.00 7 141.98
075-090-041-000 1.00 7 141.98
075-090-042-000 1.00 7 141.98
City of Riverbank
2023/2024 Consolidated Lighting and Landscape District Page 28 of 28 APN EDUs Zone Charge
075-090-043-000 1.00 7 141.98
075-090-044-000 1.00 7 141.98
075-090-045-000 1.00 7 141.98
075-090-046-000 1.00 7 141.98
075-090-047-000 1.00 7 141.98
075-090-048-000 1.00 7 141.98
075-090-049-000 1.00 7 141.98
075-090-050-000 1.00 7 141.98
075-090-051-000 1.00 7 141.98
075-090-052-000 1.00 7 141.98
075-090-053-000 1.00 7 141.98
075-090-054-000 1.00 7 141.98
075-090-055-000 1.00 7 141.98
075-090-056-000 1.00 7 141.98
075-090-057-000 1.00 7 141.98
075-090-058-000 1.00 7 141.98
075-090-059-000 1.00 7 141.98
075-090-060-000 1.00 7 141.98
075-090-061-000 1.00 7 141.98
075-090-063-000 1.00 7 141.98
Total: 183.00 $25,982.34
074-018-052-000 1.00 8 $135.96
074-018-055-000 1.00 8 135.96
074-018-056-000 1.00 8 135.96
074-018-057-000 1.00 8 135.96
074-018-058-000 1.00 8 135.96
074-018-059-000 1.00 8 135.96
074-018-060-000 1.00 8 135.96
Total: 7.00 $951.72
*Totals may differ from budget due to rounding.

Page 1 of 2 ends

Item 10.2 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPEMT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARING
Meeting Date: June 13, 2023
Subject/ Title: Ridgewood Place Landscaping & Lighting District:
1) Resolution of the City Council of the City of Riverbank, California, Amending and/or Approving the Engineer’s Report for the Ridgewood Place Landscaping and Lighting District; and the Levy and Collection of Annual Assessments related thereto for Fiscal Year 2023/2024.
2) Resolution of the City Council of the City of Riverbank, California Ordering the Levy and Collection of Annual Assessments for the Ridgewood Place Landscaping and Lighting District; for Fiscal Year 2023/2024.

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

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for Ridgewood Place Landscape and Lighting District for Fiscal Year 2023/2024.

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

Page 2 of 2 ends

Item 10.2 – CC/LRA – 06/13/2023
proposed annual assessments. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportinate to the parcel’s special benefits. The attached resolutions represent the second steps in the annual levy of assessments on the district for fiscal year 2023/2024. Ridgewood Place Landscape and Lighting District is located in and around Soares Place adjacent to Roselle Avenue. The annual levy per EDU will increase from $92.58 to $185.16 to cover increase maintenance costs in the new Grover Landscaping Contract, which increased from $600 annually to $2,880.

Therefore, it is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for Ridgewood Place Landscape and Lighting District for Fiscal Year 2023/2024.

FISCAL IMPACT
The annual assessment for parcels in the Ridgewood Place Landscape and Lighting District for Fiscal Year 2023/2024 is as follows:

FY 22/23 FY 23/24 Change in Assessment
Annual Parcel Assessments $92.58 $185.16 $92.58
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. (2) Resolutions

2. Engineer’s Annual Levy Report Ridgewood Place Landscape and Lighting District Fiscal Year 2023/2024

Page 1 of 3 ends

CC/LRA – 06/23/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ANNUAL

ASSESSMENTS FOR THE RIDGEWOOD PLACE LANDSCAPING AND LIGHTING DISTRICT; FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, desires to levy and collected annual assessments against parcels of land within said territory designated as “Ridgewood Place Landscaping and Lighting District” (hereafter referred to as the “District”) for Fiscal Year 2023/2024 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to levy and collected the annual assessments for the District for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report that describes the District and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 pursuant to the provisions of the Act; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on June 13, 2023 regarding the District, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act.

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

ATTACHMENT 1

Page 2 of 3 ends

CC/LRA – 06/13/2023
CC Resolution 2023-
Section 2 The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District.

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

Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto. b. The District includes all of the lands so benefited; and c. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

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

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

Page 3 of 3 ends

Section 9 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the “Ridgewood Place Landscaping and Lighting District”, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 7.

Section 10 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.

AYES:

NAYS:

ABSENT:

ABSTAINED:

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

Page 1 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a Report in connection with the “Ridgewood Place Landscaping and Lighting District” (hereafter referred to as the “District”) and the proposed levy and collection of annual assessments against parcels of land for the fiscal year commencing July 1, 2023 and ending June 30, 2024 and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Riverbank, California and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Ridgewood Place Landscaping and Lighting District, Fiscal Year 2023/2024” as required by the Act; and WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report.

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

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

ATTACHMENT 2

Page 2 of 2 ends

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

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
___________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Engineer’s Report – Ridgewood L&L for FY2023-24 City of Riverbank
Ridgewood Place
Landscaping and Lighting District
2023/2024 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 23, 2023
Public Hearing: June 13, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 3

TABLE OF CONTENTS
PART I - OVERVIEW 1
A. INTRODUCTION 1
B. APPLICABLE LEGISLATION 2
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
D. DESCRIPTION OF THE IMPROVEMENTS 4
PART II - PLANS AND SPECIFICATIONS 5
E. CHANGES OR MODIFICATIONS TO THE DISTRICT 5
F. DESCRIPTION OF THE DISTRICT 5
PART III - METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 6
C. ASSESSMENT METHODOLOGY 7
D. ASSESSMENT RANGE FORMULA 8
PART IV - DISTRICT BUDGET FY 2023/2024 10
PART V — DISTRICT BOUNDARY MAPS 11
PART VI — 2023/2024 ASSESSMENT ROLL 14
City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 1 of 15

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

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2023/2024. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will, by resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, and beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2023/2024.

The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 2 of 15 identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

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

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

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

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

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 3 of 15 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 4 of 15  Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

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

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

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

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 5 of 15

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

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

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

Some changes or modifications to the District would require the approval of the property owners within the District. No changes or modifications to the District are proposed for Fiscal Year 2023/2024.

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 6 of 15 “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

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

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

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

The special benefits associated with the local landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements;  Improved aesthetic appeal of properties within the Zones providing a positive representation of the area;
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping;
 Environmental enhancement through improved erosion resistance and dust and debris control;
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties; City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 7 of 15  Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti;
 Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

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

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

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

C. ASSESSMENT METHODOLOGY
Equivalent Dwelling Units: To assess benefits equitably, it is necessary to correlate the different type of parcels within the District to each other as well as their relationship to the improvements. The Equivalent Dwelling Unit method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 8 of 15 under the 1972 Act, as the benefit to each parcel from the improvements are typically apportioned as a function of land use type, size and development.

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

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

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

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

The following describes the proposed assessment range formula:

Wherein, if the proposed assessment rate for each classification of property (levy per unit or rate) for the current fiscal year is less than or equal to the prior year's maximum City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 9 of 15 assessment plus the adjustments described in the following, then the new assessment is not considered an increased assessment. The purpose of establishing an assessment range formula is to provide for reasonable inflationary adjustment to the assessment amounts without requiring costly noticing, balloting, and mailing procedures, which would be added to the District costs and assessments.

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

The Maximum Assessment for Fiscal Year 2023/2024 is $517.18 which is an increase of

4.88% from prior year’s maximum assessment. However, a rate of $185.16 per EDU will only be levied this year.

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

4.88% CPI increase is applied since it is greater than a 3.00% increase.

4.88% 3.00% 4.88% $493.11 $24.07 $517.18
New Maximum
Rate
CPI
Percentage
Increase
Standard

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 10 of 15 PART IV - DISTRICT BUDGET FY 2023/2024
Ridgewood Total
Landscaping and Lighting District District

DIRECT COSTS
Landscape Maintenance $2,880
Utilities 200
Repairs/Abatement 100
Street Lighting 100
Miscellaneous/Materials/Equipment 0
Capital Expenditure 0
Direct Costs (Subtotal) $3,280

ADMINISTRATION COSTS
City Administration & Overhead $2,000
District Administration 2,244
County Administration Fee 5
Administration Costs (Subtotal) $4,249

LEVY BREAKDOWN
Total Direct and Admin. Costs $7,529
Reserve Collection/ (Transfers) (3,270)
Contribution Replenishment 0
Other Revenues/General Fund Contribution 0
CIP Collection/(Transfer) 0
Balance to Levy $4,259

DISTRICT STATISTICS
Total Parcels 23
Total Parcels Levied 23
Total Equivalent Dwelling Units (EDU) 23.00
Assessment Rate (Levy Per EDU) $185.16
Maximum Assessment Rate Approved $517.18

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $4,250
Reserve Fund Activity (3,270)
Ending Reserve Fund Balance (Projected) $980
Beginning Capital Improvement Fund $0
Collections/(Transfers) 0
Capital Improvement Expenditures 0
Ending Capital Improvement Fund $0
City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 11 of 15 PART V — DISTRICT BOUNDARY MAPS
The original assessment diagrams and tract maps for the District were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

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

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 12 of 15 City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 13 of 15 Boundary and Improvement Diagram Ridgewood Place  Street Lights Landscaped Areas Shaded
City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 14 of 15 PART VI — 2023/2024 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Stanislaus County Assessor's map for the year in which this Report is prepared.

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

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

City of Riverbank
2023/2024 Ridgewood Place Landscaping & Lighting District Page 15 of 15 APN EDU Charge
132-063-043-000 1.0 $185.16
132-063-044-000 1.0 185.16
132-063-045-000 1.0 185.16
132-063-046-000 1.0 185.16
132-063-047-000 1.0 185.16
132-063-048-000 1.0 185.16
132-063-049-000 1.0 185.16
132-063-050-000 1.0 185.16
132-063-051-000 1.0 185.16
132-063-052-000 1.0 185.16
132-063-053-000 1.0 185.16
132-063-054-000 1.0 185.16
132-063-055-000 1.0 185.16
132-063-056-000 1.0 185.16
132-063-057-000 1.0 185.16
132-063-058-000 1.0 185.16
132-063-059-000 1.0 185.16
132-063-060-000 1.0 185.16
132-063-061-000 1.0 185.16
132-063-062-000 1.0 185.16
132-063-063-000 1.0 185.16
132-063-064-000 1.0 185.16
132-063-065-000 1.0 185.16
Total 23.0 $4,258.68
*Total may differ from budget due to rounding.

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Item 10.3 – CC/LRA – 06/13/2023

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.3
SECTION 10: PUBLIC HEARING
Meeting Date: June 13, 2023
Subject/ Title: River Cove Landscaping & Lighting District:
1) Resolution of the City Council of the City of Riverbank California, Amending and/or Approving the Engineer’s Report for the Landscaping and Lighting District No. 01, River Cove Subdivision; and the Levy and Collection of Annual Assessments Related Thereto for Fiscal Year 2023/2024.
2) Resolution of the City Council of the City of Riverbank, California Ordering the Levy and Collection of Annual Assessments for the Landscaping and Lighting District No. 1, River Cove Subdivision; for Fiscal Year 2023/2024.

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

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Lighting and Landscaping District No. 1 River Cove Subdivision for Fiscal Year 2023/2024.

SUMMARY
The City of Riverbank annually levies and collects special assessments for landscape maintenance, capital improvements, and street lighting. The District was formed in 1993 and is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District includes all parcels within the residential development known as the RiverCove subdivision.

The Engineer’s Annual Levy Report for Fiscal Year 2023/2024 has been prepared in accordance with the privisions of Chapter 3, Section 22622 of the 1972 Act. The report details the improvements and financial information including the district budgets and proposed annual assessments. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel

Page 2 of 2 ends

Item 10.3 – CC/LRA – 06/13/2023
within the District proportinate to the parcel’s special benefits. The attached resolutions represent the second steps in the annual levy of assessments on the district for fiscal year 2023/2024.

The River Cove Landscape & Lighting District is already assessing the maximum assessment rate approved through this District.

It is recommended that the City Council adopt Resolutions to amend and/or approve the Engineer’s Report and order the levy and collection of annual assessments for the Lighting and Landscaping District No. 1 River Cove Subdivision for Fiscal Year 2023/2024.

FISCAL IMPACT
The annual assessment for parcels in the River Cove District for Fiscal Year 2023/2024 is as follows:

FY 22/23 FY 23/24 Change in Assessment
Annual Parcel Assessments $196.90 $196.90 No Change
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. (2) Resolutions

2. Engineer’s Annual Levy Report for River Cove Landscaping and Lighting District Fiscal Year 2023/2024

Page 1 of 3 ends

CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 01 FOR RIVER COVE SUBDIVISION; FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, desires to levy and collected annual assessments against parcels of land within said territory designated as “Landscaping and Lighting District No. 01” (hereafter referred to as the “District”) for the River Cove Subdivision, for fiscal year 2023/2024 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to levy and collected the annual assessments for the District for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report that describes the District and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024, pursuant to the provisions of the Act; and
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on Tuesday, June 13, 2023 regarding the District, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE LANDSCAPE AND LIGHTING DISTRICT NO. 1 RIVER COVE SUBDIVISION AS FOLLOWS:

Section 2 The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending ATTACHMENT 1

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CC/LRA – 06/13/2023
CC Resolution 2023-
June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District.

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

Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto. b. The District includes all of the lands so benefited; and c. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

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

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

Page 3 of 3 ends

CC/LRA – 06/13/2023
CC Resolution 2023-
• Natural and passive landscaped areas, parks, trails, open space areas, and natural habitats that are maintained and/or abated; • Active parks including all landscaping, lighting, equipment and facilities (i.e., playgrounds, tot-lots, ball fields, sidewalks, landscaped areas and greenbelts);
• Public lighting facilities including street lighting, and lighting within the park and other public areas;
• All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

Section 9 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the “Landscaping and Lighting District No. 01”, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 6.

Section 10 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.

AYES:

NAYS:

ABSENT:

ABSTAIN:

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

Page 1 of 2 ends

CC/LRA – 06/13/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S REPORT FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 01, RIVER COVE SUBDIVISION; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024
The City Council of the City of Riverbank, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a Report in connection with the “Landscaping and Lighting District No. 01” (hereafter referred to as the “District”) for the River Cove Subdivision, and the proposed levy and collection of annual assessments against parcels of land for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Riverbank, California and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Landscaping and Lighting District No. 01, Fiscal Year 2023/2024” as required by the Act; and
WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE LANDSCAPE AND LIGHTING DISTRICT NO. 1 RIVER COVE SUBDIVISION AS FOLLOWS:

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

ATTACHMENT 2

Page 2 of 2 ends

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

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
___________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Engineer’s Report – River Cove L&L for FY2023-24 City of Riverbank
River Cove Landscaping and
Lighting District
2023/2024 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 23, 2023
Public Hearing: June 13, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 3

TABLE OF CONTENTS
PART I – OVERVIEW 1
A. INTRODUCTION 1
B. APPLICABLE LEGISLATION 2
PART II — PLANS AND SPECIFICATIONS 4
A. CHANGES OR MODIFICATIONS TO THE DISTRICT 4
B. IMPROVEMENTS AUTHORIZED UNDER THE 1972 ACT 5
C. DESCRIPTION OF IMPROVEMENTS AND IMPROVEMENTS 6
PART III — METHOD OF APPORTIONMENT 8
A. GENERAL 8
B. BENEFIT ANALYSIS 8
C. ASSESSMENT METHODOLOGY 10
PART IV — 2023/2024 DISTRICT BUDGET 11
PART V — DISTRICT DIAGRAMS 12
PART VI — 2023/2024 ASSESSMENT ROLL 20
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 1 of 26 PART I – OVERVIEW
A. INTRODUCTION
The City of Riverbank (“City”) annually levies and collects special assessments in order to maintain the improvements within the River Cove Landscaping and Lighting District (“District”). The District was formed in 1993 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District included all parcels within the residential development known as the River Cove subdivision and was previously referred to as the Riverbank Landscaping and Lighting District No. 1. The overall District improvements to be maintained at build out and a maximum assessment for those improvements were approved by the property owners of record when the District was formed.

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2023/2024. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will, by resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, and beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report, as approved or modified by the City Council, defines the assessments to be applied to each parcel within the District for Fiscal Year 2023/2024.

The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 2 of 26 identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

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

Pursuant to the Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer at the time of the District formation in 1993). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the preexisting assessment amount (the maximum assessment rate identified in this Report) is exempt from the procedural requirements of Article XIIID Section 4.

The current maximum assessment rate of $196.90 per Equivalent Dwelling Unit was originally approved by the property owners (developer) and any assessment amount less than that amount is considered an exempt assessment pursuant to Article XIIID Section 5(b). The proposed assessment for any fiscal year may be increased over the previous fiscal year provided the assessment rate does not exceed the maximum assessment rate of $196.90 adopted and levied in fiscal year 1993/1994. Pursuant to the provisions of Article XIIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding (property owner assessment balloting).

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 3 of 26 Provisions of the 1972 Act (Improvements and Services)
As generally defined, the improvements and the associated assessments for any District formed pursuant to the 1972 Act may include one or any combination of the following:

1. The installation or planting of landscaping.

2. The installation or construction of statuary, fountains, and other ornamental structures and facilities.

3. The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.

4. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.

5. The installation of park or recreational improvements including, but not limited to the following:
a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b. Lights, playground equipment, play courts and public restrooms.

6. The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements;
b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements; and,
g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

7. The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the 1972 Act.

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 4 of 26

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

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

The District is comprised of a residential development built in several phases and consisting of two hundred forty-one (241) single-family residential parcels. The District was formed to ensure the ongoing maintenance of specific local landscaping and lighting improvements associated with this residential development and installed as a condition of developing all properties within the various subdivisions. The annual cost and expenses of providing the improvements are equitably spread among only the benefiting parcels within the District.

Some changes or modifications to the District would require the approval of the property owners within the District. No other changes or modifications to the District are proposed for Fiscal Year 2023/2024.

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 5 of 26 B. IMPROVEMENTS AUTHORIZED UNDER THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

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

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 6 of 26  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. DESCRIPTION OF IMPROVEMENTS AND IMPROVEMENTS
The location, boundaries and specific improvements provided within the District are described in this section. The determination and calculation of special benefit is discussed in the Method of Apportionment and the corresponding expenses, revenues and assessments are summarized in the annual budget.

The District is located generally west of Burneyville Road, south of the Stanislaus River and north of State Highway 108 at Prestwick Drive. The District includes two hundred fortyone (241) residential parcels within the subdivision known as River Cove, identified on the Stanislaus County Assessor’s Parcel Maps as:

Subdivision Parcel Map Residential
Lots
Total
Book Page Parcels
River Cove Unit No. 2 75 48 0 3
River Cove Unit No. 2 75 47 67 68
River Cove Unit No. 3 75 50 78 78
River Cove Unit No. 4 75 52 44 45
River Cove Unit No. 5 75 54 1 2
River Cove Unit No. 6 75 55 21 21
River Cove Unit No. 7 75 56 30 31
Totals 241 248
The improvements providing benefit to parcels within the District include specific street lighting facilities and landscaped areas originally installed as part of this residential development. The improvements maintained and serviced include fifty-two (52) streetlights and approximately 12.22 acres of parkway, open space, greenbelt and park landscaping and any appurtenant facilities, services or improvements directly associated with these improvements including incidental expenses.

The fifty-two (52) streetlights are located throughout the District and the improvements may include electrical costs, maintenance, repair and replacement of the poles, lights, wires or other equipment associated with the street lights.

The landscape improvements may include street trees, turf, ground cover, shrubs, irrigation and drainage systems, playground equipment, trails and paths, entry monuments, and block walls or other fencing. The landscaped areas are within the public right-of-ways and landscaped easements and are identified as:

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 7 of 26  Parcel 075-047-069: 1.43 acres of greenbelt area between River Cove Drive and the Stanislaus River; Identified as Lot C of River Cove Unit No. 2  Parcel Number Not Assigned: 0.02 acres of parkway and entryway landscaping located on the north side of Briarcliff Drive and the west side of Prestwick Drive; within River Cove Unit No. 2
 Parcel Number Not Assigned: 0.02 acres of parkway and entryway landscaping located on the north side of Briarcliff Drive and the east side of Prestwick Drive; within River Cove Unit No. 2
 Parcel Number Not Assigned: 0.05 acres of parkway and entryway landscaping located on the north side of State Highway 108 and the east side of Prestwick Drive; within River Cove Unit No. 2
 Parcel Number Not Assigned: 0.05 acres of parkway and entryway landscaping located on the north side of State Highway 108 and the west side of Prestwick Drive; within River Cove Unit No. 2
 Parcel 075-048-001: 5.53 acres of park and parkway landscaped areas located south of Briarcliff Drive and east of Dunbar Lane; Identified as Lot D of River Cove Unit No. 2  Parcel 075-048-002: 0.50 acres of parkway and open space landscaping south of River Cove Drive and west of Burneyville Road; Identified as Lot A of River Cove Unit No. 2
 Parcel 075-048-003: 0.50 acres of parkway and open space landscaping north of River Cove Drive and west of Burneyville Road; Identified as Lot B of River Cove Unit No. 2
 Parcel 075-050-079: 1.31 acres of greenbelt area between River Cove Drive and the Stanislaus River; Identified as Lot A of River Cove Unit No. 3  Parcel 075-052-045: 0.79 acres of greenbelt area between River Cove Drive and the Stanislaus River; Identified as Lot A of River Cove Unit No. 4  Parcel 075-054-002: 2.02 acres of greenbelt area between River Cove Drive and the Stanislaus River; Identified as Lot A of River Cove Unit No. 5 All improvements within the District are maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required. The District assessments may fund all necessary utilities, operations, services, administration and maintenance costs associated with the improvements. The annual cost of providing the improvements within the District is spread among all benefiting parcels in proportion to the benefits received. The expenditures and assessments set forth in this Report are based upon the City’s estimate of the costs associated with the improvements including all labor, personnel, equipment, materials and administrative expenses.

The park area within the District is clearly a special benefit to the properties and property owners within the District. Because of the Park’s size and location it provides no benefit to parcels outside the District or to the public at large and therefore the entire cost of City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 8 of 26 maintaining this park could be assessed to parcels within the District. However, the City currently funds the maintenance of all parks within the City of Riverbank from the General Fund. Therefore, the District budget includes a General Fund Contribution to offset the costs associated with maintaining the Park area.

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

In addition, pursuant to Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the District must separate the general benefits from the special benefits. The general benefit portion of the improvement costs have been estimated by the City and are shown as a General Benefit Contribution in the District Budget section of this Report.

B. BENEFIT ANALYSIS
Each of the improvements and their associated costs has been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements. The installation of the improvements and approval of an annual assessment were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5b, all the property owners approved the maximum assessment amount identified in this Report at the time the assessment was created (originally imposed pursuant to a 100% landowner petition). Therefore the existing maximum assessment amount of $196.90 is not subject to the procedural requirements of Article XIIID Section 4 (property owner ballot proceedings). Although the current assessment does not require additional property owner approval (unless increased), the improvements within the District clearly provide a special benefit to the parcels assessed and therefore, the existing assessments are in compliance with the substantive requirements of Article XIIID Section 4.

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 9 of 26 Special Benefits — The method of apportionment (assessment methodology) is based on the premise that each of the assessed parcels within the District receives benefit from the improvements maintained and financed by annual assessments. Specifically, the assessments are for the maintenance of local street lighting and landscaped improvements installed as part of the original improvement. The desirability and security of properties within the District are enhanced by the presence of street lighting and well-maintained landscaping in close proximity to those properties.

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

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
 Enhanced deterrence of crime and the aid to police protection;  Increased nighttime safety on roads and highways;
 Improved ability of pedestrians and motorists to see;  Improved ingress and egress to property;
 Reduced vandalism and other criminal acts and damage to improvements or property;
 Improved traffic circulation and reduced nighttime accidents and personal property loss;
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 10 of 26  Increased promotion of business during nighttime hours in the case of commercial properties;
All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

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

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

Total Balance to Levy / Total Assessable Parcels in Zone = Parcel Levy Amount City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 11 of 26 PART IV — 2023/2024 DISTRICT BUDGET
River Cove Total
Landscaping and Lighting District District

DIRECT COSTS
Landscape Maintenance $21,900
Utilities 3,500
Repairs/Abatement 10,000
Street Lighting 906
Miscellaneous/Materials/Equipment 0
Direct Costs (Subtotal) $36,306

ADMINISTRATION COSTS
City Administration & Overhead $2,766
District Administration 3,420
County Administration Fee 50
Administration Costs (Subtotal) $6,237

LEVY BREAKDOWN
Total Direct and Admin. Costs $42,543
Reserve Collection/ (Transfers) 4,909
Contribution Replenishment 0
Other Revenues/General Fund Contribution 0
CIP Collection/(Transfer) 0
Balance to Levy $47,452

DISTRICT STATISTICS
Total Parcels 248
Total Parcels Levied 241
Total Equivalent Dwelling Units (EDU) 241.00
Assessment Rate (Levy Per EDU) $196.90
Maximum Assessment Rate Approved $196.90

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance (Estimated) ($6,300)
Reserve Fund Activity 4,909
Ending Reserve Fund Balance (Projected) ($1,391)
Beginning Capital Improvement Fund $0
Collections/(Transfers) 0
Capital Improvement Expenditures 0
Ending Capital Improvement Fund $0
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 12 of 26 PART V — DISTRICT DIAGRAMS
The original assessment diagrams and tract maps for the District were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

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

The following pages are reproductions of the County Assessor’s Parcel Map associated with the District.

City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 13 of 26 City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 14 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
Landscaped Areas Shaded
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 15 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
 Landscaped Areas Shaded
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 16 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
 Landscaped Areas Shaded
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 17 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
 Landscaped Areas Shaded
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 18 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 19 of 26 City of Riverbank
Landscape and Lighting District No. 1
River Cove Subdivision
Assessor’s Parcel Map and Improvement Diagram
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 20 of 26 PART VI — 2023/2024 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Stanislaus County Assessor's map for the year in which this Report is prepared.

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

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

APN EDU Charge
075-047-001-000 1.0 $196.90
075-047-002-000 1.0 196.90
075-047-003-000 1.0 196.90
075-047-004-000 1.0 196.90
075-047-005-000 1.0 196.90
075-047-006-000 1.0 196.90
075-047-007-000 1.0 196.90
075-047-008-000 1.0 196.90
075-047-009-000 1.0 196.90
075-047-010-000 1.0 196.90
075-047-011-000 1.0 196.90
075-047-012-000 1.0 196.90
075-047-013-000 1.0 196.90
075-047-014-000 1.0 196.90
075-047-015-000 1.0 196.90
075-047-016-000 1.0 196.90
075-047-017-000 1.0 196.90
075-047-018-000 1.0 196.90
075-047-019-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 21 of 26 APN EDU Charge
075-047-020-000 1.0 196.90
075-047-021-000 1.0 196.90
075-047-022-000 1.0 196.90
075-047-023-000 1.0 196.90
075-047-024-000 1.0 196.90
075-047-025-000 1.0 196.90
075-047-026-000 1.0 196.90
075-047-027-000 1.0 196.90
075-047-028-000 1.0 196.90
075-047-029-000 1.0 196.90
075-047-030-000 1.0 196.90
075-047-031-000 1.0 196.90
075-047-032-000 1.0 196.90
075-047-033-000 1.0 196.90
075-047-034-000 1.0 196.90
075-047-035-000 1.0 196.90
075-047-036-000 1.0 196.90
075-047-037-000 1.0 196.90
075-047-038-000 1.0 196.90
075-047-039-000 1.0 196.90
075-047-040-000 1.0 196.90
075-047-041-000 1.0 196.90
075-047-042-000 1.0 196.90
075-047-043-000 1.0 196.90
075-047-044-000 1.0 196.90
075-047-045-000 1.0 196.90
075-047-046-000 1.0 196.90
075-047-047-000 1.0 196.90
075-047-048-000 1.0 196.90
075-047-049-000 1.0 196.90
075-047-050-000 1.0 196.90
075-047-051-000 1.0 196.90
075-047-052-000 1.0 196.90
075-047-053-000 1.0 196.90
075-047-054-000 1.0 196.90
075-047-055-000 1.0 196.90
075-047-056-000 1.0 196.90
075-047-057-000 1.0 196.90
075-047-059-000 1.0 196.90
075-047-060-000 1.0 196.90
075-047-061-000 1.0 196.90
075-047-062-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 22 of 26 APN EDU Charge
075-047-063-000 1.0 196.90
075-047-064-000 1.0 196.90
075-047-065-000 1.0 196.90
075-047-066-000 1.0 196.90
075-047-067-000 1.0 196.90
075-047-068-000 1.0 196.90
075-050-001-000 1.0 196.90
075-050-002-000 1.0 196.90
075-050-003-000 1.0 196.90
075-050-004-000 1.0 196.90
075-050-005-000 1.0 196.90
075-050-006-000 1.0 196.90
075-050-007-000 1.0 196.90
075-050-008-000 1.0 196.90
075-050-009-000 1.0 196.90
075-050-010-000 1.0 196.90
075-050-011-000 1.0 196.90
075-050-012-000 1.0 196.90
075-050-013-000 1.0 196.90
075-050-014-000 1.0 196.90
075-050-015-000 1.0 196.90
075-050-016-000 1.0 196.90
075-050-017-000 1.0 196.90
075-050-018-000 1.0 196.90
075-050-019-000 1.0 196.90
075-050-020-000 1.0 196.90
075-050-021-000 1.0 196.90
075-050-022-000 1.0 196.90
075-050-023-000 1.0 196.90
075-050-024-000 1.0 196.90
075-050-025-000 1.0 196.90
075-050-026-000 1.0 196.90
075-050-027-000 1.0 196.90
075-050-028-000 1.0 196.90
075-050-029-000 1.0 196.90
075-050-030-000 1.0 196.90
075-050-031-000 1.0 196.90
075-050-032-000 1.0 196.90
075-050-033-000 1.0 196.90
075-050-034-000 1.0 196.90
075-050-035-000 1.0 196.90
075-050-036-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 23 of 26 APN EDU Charge
075-050-037-000 1.0 196.90
075-050-038-000 1.0 196.90
075-050-039-000 1.0 196.90
075-050-040-000 1.0 196.90
075-050-041-000 1.0 196.90
075-050-042-000 1.0 196.90
075-050-043-000 1.0 196.90
075-050-044-000 1.0 196.90
075-050-045-000 1.0 196.90
075-050-046-000 1.0 196.90
075-050-047-000 1.0 196.90
075-050-048-000 1.0 196.90
075-050-049-000 1.0 196.90
075-050-050-000 1.0 196.90
075-050-051-000 1.0 196.90
075-050-052-000 1.0 196.90
075-050-053-000 1.0 196.90
075-050-054-000 1.0 196.90
075-050-055-000 1.0 196.90
075-050-056-000 1.0 196.90
075-050-057-000 1.0 196.90
075-050-058-000 1.0 196.90
075-050-059-000 1.0 196.90
075-050-060-000 1.0 196.90
075-050-061-000 1.0 196.90
075-050-062-000 1.0 196.90
075-050-063-000 1.0 196.90
075-050-064-000 1.0 196.90
075-050-065-000 1.0 196.90
075-050-066-000 1.0 196.90
075-050-067-000 1.0 196.90
075-050-068-000 1.0 196.90
075-050-069-000 1.0 196.90
075-050-070-000 1.0 196.90
075-050-071-000 1.0 196.90
075-050-072-000 1.0 196.90
075-050-073-000 1.0 196.90
075-050-074-000 1.0 196.90
075-050-075-000 1.0 196.90
075-050-076-000 1.0 196.90
075-050-077-000 1.0 196.90
075-050-078-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 24 of 26 APN EDU Charge
075-052-001-000 1.0 196.90
075-052-002-000 1.0 196.90
075-052-003-000 1.0 196.90
075-052-004-000 1.0 196.90
075-052-005-000 1.0 196.90
075-052-006-000 1.0 196.90
075-052-007-000 1.0 196.90
075-052-008-000 1.0 196.90
075-052-009-000 1.0 196.90
075-052-010-000 1.0 196.90
075-052-011-000 1.0 196.90
075-052-012-000 1.0 196.90
075-052-013-000 1.0 196.90
075-052-014-000 1.0 196.90
075-052-015-000 1.0 196.90
075-052-016-000 1.0 196.90
075-052-017-000 1.0 196.90
075-052-018-000 1.0 196.90
075-052-019-000 1.0 196.90
075-052-020-000 1.0 196.90
075-052-021-000 1.0 196.90
075-052-022-000 1.0 196.90
075-052-023-000 1.0 196.90
075-052-024-000 1.0 196.90
075-052-025-000 1.0 196.90
075-052-026-000 1.0 196.90
075-052-027-000 1.0 196.90
075-052-028-000 1.0 196.90
075-052-029-000 1.0 196.90
075-052-030-000 1.0 196.90
075-052-031-000 1.0 196.90
075-052-032-000 1.0 196.90
075-052-033-000 1.0 196.90
075-052-034-000 1.0 196.90
075-052-035-000 1.0 196.90
075-052-036-000 1.0 196.90
075-052-037-000 1.0 196.90
075-052-038-000 1.0 196.90
075-052-039-000 1.0 196.90
075-052-040-000 1.0 196.90
075-052-041-000 1.0 196.90
075-052-042-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 25 of 26 APN EDU Charge
075-052-043-000 1.0 196.90
075-052-044-000 1.0 196.90
075-054-001-000 1.0 196.90
075-055-001-000 1.0 196.90
075-055-002-000 1.0 196.90
075-055-003-000 1.0 196.90
075-055-004-000 1.0 196.90
075-055-005-000 1.0 196.90
075-055-006-000 1.0 196.90
075-055-007-000 1.0 196.90
075-055-008-000 1.0 196.90
075-055-009-000 1.0 196.90
075-055-010-000 1.0 196.90
075-055-011-000 1.0 196.90
075-055-012-000 1.0 196.90
075-055-013-000 1.0 196.90
075-055-014-000 1.0 196.90
075-055-015-000 1.0 196.90
075-055-016-000 1.0 196.90
075-055-017-000 1.0 196.90
075-055-018-000 1.0 196.90
075-055-019-000 1.0 196.90
075-055-020-000 1.0 196.90
075-055-021-000 1.0 196.90
075-056-001-000 1.0 196.90
075-056-002-000 1.0 196.90
075-056-003-000 1.0 196.90
075-056-004-000 1.0 196.90
075-056-005-000 1.0 196.90
075-056-006-000 1.0 196.90
075-056-007-000 1.0 196.90
075-056-008-000 1.0 196.90
075-056-009-000 1.0 196.90
075-056-010-000 1.0 196.90
075-056-011-000 1.0 196.90
075-056-012-000 1.0 196.90
075-056-013-000 1.0 196.90
075-056-014-000 1.0 196.90
075-056-015-000 1.0 196.90
075-056-016-000 1.0 196.90
075-056-017-000 1.0 196.90
075-056-018-000 1.0 196.90
City of Riverbank
2023/2024 River Cove Landscaping & Lighting District Page 26 of 26 APN EDU Charge
075-056-019-000 1.0 196.90
075-056-020-000 1.0 196.90
075-056-021-000 1.0 196.90
075-056-022-000 1.0 196.90
075-056-023-000 1.0 196.90
075-056-024-000 1.0 196.90
075-056-025-000 1.0 196.90
075-056-026-000 1.0 196.90
075-056-027-000 1.0 196.90
075-056-028-000 1.0 196.90
075-056-029-000 1.0 196.90
075-056-030-000 1.0 196.90
Total 241.0 $47,452.90
*Total may differ from budget due to rounding.

Page 1 of 2 ends

City Council / Local Redevelopment Authority / Public Financing AuthorityJune 13, 2023

City Council / Local Redevelopment Authority / Public Financing Authority
June 13, 2023