Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, August 27, 2024 (part 1 of 2)

Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 6
AGEND
TUESDAY, AUGUST 27, 2024 – 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 and Presentation on Overdose Awareness Day- It is recommended that the City Council present a proclamation to Jennifer Marsh and Sofia Vivo and receive a presentation on Overdose Awareness Day from Sofia Vivo.

Item 7.2 Presentation – Riverbank Regional Recycled Water Project Status Update – 30% Design Progress- It is recommended that the City Council receive a presentation from Neal Colwell, Principal Engineer for Kjeldsen, Sinnock, and Neudeck Inc. (KSN) regarding the Riverbank Regional Recycled Water Project and the status of the 30% design.

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

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

IN PERSON COMMENTS- Please fill out a Comment Card & Return to the City Clerk

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers
6707 Third Street, 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
Vice Mayor, District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda August 27, 2024 Next City Council Resolution: 2024-074 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 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

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

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

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for July 23, 2024.

Item 9.3 Acceptance of the 7th Street Outfall Project and Authorization to File a Notice of Completion.

Item 9.4 Acceptance of the Claribel Road Overlay Project and Authorization to File a Notice of Completion.

Item 9.5 Resolution to Award a Contract for Investment Advisory Services and Authorize the City Manager to Enter into a Consultant Services Agreement with Meeder Public Funds, Inc.

Item 9.6 Resolution to Award a Contract to 110%, Inc. to Perform the Financial Sustainability Study for the City of Riverbank Parks and Recreation Department.

Item 9.7 Resolution to Approve the Use of the Community Center Pavilion for St.

Frances of Rome Catholic Church to Provide Food on Sundays to Those Experiencing Homelessness.

Item 9.8 Second Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations

10. PUBLIC HEARING
The Public Notice for item 10.1 was published on August 14th, 2024 in the Riverbank Newspaper.

Item 10.1 First Reading by Title Only and Introduction of a Proposed Amendment to Title XI, Business Regulations, Amending Chapter 119 Massage/Bodywork Establishments- It is recommended that the City Council conduct the public hearing for the first reading of the proposed amendments to consider its approval; if approved, the second reading of the amendments by title only will be scheduled for the next regular City Council meeting on September 10, 2024, for consideration of its adoption.

City Council and LRA Board Meetings Agenda August 27, 2024 Next City Council Resolution: 2024-074 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 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

11. NEW BUSINESS
Item 11.1 A Resolution of the City Council of the City of Riverbank, California, to Approve the First Amendment to the Subdivision Improvement Agreement for Countryside III with McRoy-Wilbur Communities and Authorizing the City Manager to Execute the Agreement- It is recommended that the City Council consider the attached resolution approving the First Amendment to the Subdivision Improvement Agreement with McRoy Wilbur Communities for Countryside III and directing the City Manager to execute the agreement.

Item 11.2 Resolution Amending the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan- It is recommended that the City Council consider adopting a Resolution to amend the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan originally approved in July 2020.

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

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

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

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session
Item 13.1 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Jose Luis Loaiza Michel
Agency Claimed Against: City of Riverbank
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Abel Castano
Agency Claimed Against: City of Riverbank
Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 074-014-016
Agency negotiator: Marisela H. Garcia, City Manager
Negotiating parties: Randy High
Under negotiation: Price, terms of payment, or both
City Council and LRA Board Meetings Agenda August 27, 2024 Next City Council Resolution: 2024-074 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 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 13.4 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code §54956.9(d)(4))
Initiation of Litigation: 1 potential case

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

LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Jose Luis Loaiza Michel
Agency Claimed Against: City of Riverbank
Item 14.2 Report from Closed Session Item 13.2

LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Abel Castano
Agency Claimed Against: City of Riverbank
Item 14.3 Report from Closed Session Item 14.3

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 074-014-016
Agency negotiator: Marisela H. Garcia, City Manager
Negotiating parties: Randy High
Under negotiation: Price, terms of payment, or both
Item 14.4 Report from Closed Session Item 13.4
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Pursuant to Government Code §54956.9(d)(4))
Initiation of Litigation: 1 potential case

15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, September 10th, 2024

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.

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 22nd Day of August, 2024
/s/Gabriela Hernandez, CMC, City Clerk
City Council and LRA Board Meetings Agenda August 27, 2024 Next City Council Resolution: 2024-074 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 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

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 5:00 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/85126650548 Join by accessing website: https://zoom.us/join , enter Webinar ID: 851 2665 0548 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 851 2665 0548 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 – 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: August 27, 2024
Subject: Proclamation and Presentation on Overdose Awareness Day From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council present a proclamation to Jennifer Marsh and Sofia Vivo and receive a presentation on Overdose Awareness Day from Sofia Vivo.

SUMMARY
Bella Vivo was only 14 when she lost her life to a fentanyl poisoning on August 24, 2021.

Bella’s family started a campaign in Waterford, Ca in collaboration with the youth to spread awareness about the silent epidemic. Sofia Vivo (Bella’s sister) will give a presentation about Bella’s story and the fentanyl crisis.

BACKGROUND
The first day of Overdose Awareness Day was held in Australia in 2001 by S.J. Finn and then coordinated by the Penington Institute since 2012. At the time around 6,000 silver ribbons were placed across the country to raise awareness. The purpose of Overdose Awareness Day is to raise awareness of overdoses, reduce the stigma of drug related deaths and acknowledge the grief felt by families and friends.

FINANCIAL IMPACT
No financial impact.

ATTACHMENTS

1. Proclamation

2. Presentation
WHEREAS, Overdose Awareness Day is internationally recognized on August 31st of each year to raise awareness of drug overdoses, reduce stigma of drug-related deaths, and acknowledge the grief felt by family and friends; and WHEREAS, the Riverbank City Council does affirm and acknowledge the harm and hardship caused by drug addiction, overdose and poisonings; and WHEREAS, people with a substance use disorder recover if provided the necessary treatment services, and support in their communities; and WHEREAS, stigma and fear of discrimination keep many who would benefit from substance use disorder treatment services from seeking help; and WHEREAS, greater public awareness about substance use disorder and death by overdose and poisonings can change attitudes and behaviors towards people with this illness and their families; and
WHEREAS, we recognize substance use disorder affects thousands of Stanislaus County and City of Riverbank residents; and
WHEREAS, we resolve to play our part in reducing the toll of addiction, overdoses and poisonings in our community, which claimed the lives of 213 Stanislaus County residents in 2023, with countless others affected forever; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby unanimously proclaim August 31, 2024, as Overdose Awareness Day in the City of Riverbank.

August 27, 2024 ______________________________
Richard D. O’Brien
Mayor

CITY OF RIVERBANK

PROCLAMATION
AUGUST 31, 2024

OVERDOSE AWARENESS DAY

RIVERBANK CITY COUNCIL
DISTRICT 1 – LUIS URIBE, DISTRICT 2 – RACHEL HERNANDEZ, DISTRICT 4 – DARLENE BARBER-MARTINEZ, VICE MAYOR DISTRICT 3 – LEANNE JONES CRUZ, MAYOR – RICHARD D. O’BRIEN ATTACHMENT 1
PRESENTER: JENNIFER MARSH & SOFIA VIVO, BHRS PREVENTION SERVICES

FIGHTING FENTANYL TOGETHER

BEHAVIORAL HEALTH AND

RECOVERY SERVICES
Director Tony Vartan, MSW, LCSW
ATTACHMENT 2
● Fentanyl is a Synthetic Opioid
● Common Types of Opioids
● Oxycodone (OxyContin & Percocet)
● Hydrocodone (Vicodin, Norco, Lortab)
● Morphine
● Methadone
● Codeine
● Heroin
● Opioids are Central Nervous System Depressants
● Slows your breathing and heart rate
● Fentanyl is Extremely Potent
● 50 times stronger than heroin
● 100 times stronger than morphine
● 7 out of every 10 pills seized by DEA
contain a lethal dose of fentanyl.

Fentanyl Comes in Different Forms
Pills, Powder, Patches, and Liquid
Rainbow Fentanyl
Can be Found in Pills, Powder, and Blocks
● Two Types of Fentanyl
● Pharmaceutical Fentanyl
● Used for medical purposes with precise dosage.
● Used for anesthesia, severe pain and advanced stage
cancer.
● Illicitly Manufactured Fentanyl
● Illegally sold with no oversight or quality control and varies in potency.
● Mixed with other illegal drugs to make them cheaper,
more powerful, and more addictive.
● Pressed into pills that look like prescription medication ● In Everything Street Level
● Heroin, Meth, Fake Pills, Cocaine, Ecstasy, Marijuana ● Primarily manufactured in China, India and Mexico
You Can’t See It. You Can’t Smell It.

You Can’t Taste It.

Fake Pills
Can you tell the difference?
How Much is a Fatal Dose?
2 milligrams of fentanyl, the equivalent of 10 to 15 grains of table salt, is "considered a lethal dose” Local Impacts
• Stanislaus County totaled 567 Poisoning
and Overdose Deaths in 2021 through
2023.
• Stanislaus County averaged 3-4
poisoning and overdose deaths per week
in 2021 and 2022.
• This average rose to 4-5 deaths per week
in 2023.
• Fentanyl continues to be the main driver
of overdose and poisoning deaths
National Fentanyl Awareness Day
@ Vintage Faire Mall 05/07/24

Better for Bella
Our Family
What Families Can Do

TALK TO YOUTH EARLY AND OFTEN
Know the facts
Talk about the “hard stuff”
Be direct & nonjudgemental
Listen without interrupting
Share your expectations
Be clear about your rules and reasons why
Cultivate healthy coping skills
Nurture protective factors
Be prepared
Teach youth what to say before
they’re offered substances.

Practice responses
Keep open lines of communication

If you or a loved one are struggling with a substance use disorder, help is available to you. Contact us at 1-888-376-6246, visit stancounty.com or StanRx.net

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Item 7.2 – CC/LRA - 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: August 27, 2024
Subject: Presentation – Riverbank Regional Recycled Water Project Status Update – 30% Design Progress
From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Director of Public Works

RECOMMENDATION
It is recommended that the City Council receive a presentation from Neal Colwell, Principal Engineer for Kjeldsen, Sinnock, and Neudeck Inc. (KSN) regarding the Riverbank Regional Recycled Water Project and the status of the 30% design.

SUMMARY:

The City of Riverbank and its Wastewater Treatment Plant Design engineering team of Brown and Caldwell, and KSN are currently progressing in the design of the Riverbank Regional Recycled Water Project from 15% to 30%. In addition to the project design, the City and KSN, Inc. are pursuing alternative funding mechanisms to pay for the proposed project.

The following presentation will provide important updates, including but not limited to:

1. Project Objectives and Purpose

2. Outcome of the 30% Design

3. Status of applications for financial assistance

4. 60% Design and Permit Document Completion

5. Updated schedule and funding risks

STRATEGIC PLAN
This item directly addresses the City Council’s Strategic Plan goal to “Improve Internal and External Communication” and the City’s desire to “Proactively communicate news about the City to residents, businesses, and surrounding communities.”

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Item 7.2 – CC/LRA - 08/27/2024

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENT
None.

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Item 9.1 – CC/LRA - 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
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 - 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for July 23, 2024.

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 July 23, 2024.

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. July 23, 2024 City Council and Local Redevelopment Authority Board Minutes.

2. Written Public Comment from Garry Pearson

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CC / LRA Minutes – 07/23/2024

MINUTES
TUESDAY, JULY 23, 2024 – 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 6:00P.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 2 Rachel Hernandez Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair District 3 Leanne Jones Cruz
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.

None Declared

7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation –National Health Center Week – August 4-10, 2024- It is recommended that the City Council read the Proclamation for National Health Center Week – August 4-10, 2024; and present to Golden Valley Health Centers.

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 OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St
Suite B
Riverbank, CA 95367
ATTACHMENT 1

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CC / LRA Minutes – 07/23/2024
Mayor O’Brien read and presented the proclamation for National Health Center Week for August 4-10, 2024 to Yamilet Valladolid, Director of Government Affairs and the Golden Valley Health Centers staff.

Item 7.2 Certificate of Recognition – Riverbank High School Graduating Class of 1971-It is recommended that the City Council present a Certificate of Recognition to the Riverbank High School Graduating Class of 1971.

Mayor O’Brien read and presented a Certificate of Recognition to the representatives of the Riverbank High School Class of 1971.

Item 7.3 Introduction – Beckie Robbins, Assistant Finance Director- Staff to introduce Beckie Robbins, the City’s new Assistant Finance Director.

Assistant City Manager Tammy Alcantor, introduced to the City Council and Community the new Assistant Finance Director, Beckie Robbins.

Mayor O’Brien Opened Public Comment at 6:20 P.M.

Vicky Holt, Branch Manager at the Riverbank Library to provide an update of upcoming events.

Karen Conrotto, Modesto resident opposed to the Riverwalk project.

Gretchen Brown, Riverbank resident opposed to the Riverwalk project.

Olivia Arambula, Riverbank Chamber of Commerce to provide an update of upcoming events. To seek support on collaborating with ribbon cutting events.

Jami Aggers, Modesto resident opposed to the Riverwalk project. Spoke about signatures for the ballot initiative.

Garry Pearson, Riverbank resident opposed to the Riverwalk project submitted written public comment (as attached).

There being no further public comments, Mayor O’Brien closed the Public Comment period 6:33 P.M.

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CC / LRA Minutes – 07/23/2024
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 June 25, 2024.

Item 9.3 Acceptance of the Crossroads Elementary School Raised Crosswalks Project and Authorization to File a Notice of Completion.

Item 9.4 Authorization for Out of State Travel Request to have Finance Staff Attend the Caselle Training in Provo, UT.

Item 9.5 Resolution 2024-072 to Award and Authorize City Manager to Enter into Professional Service Agreement for Construction Management and Inspection Services with NV5, Inc. for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project.

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

ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to approve the consent calendar as presented.

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

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

10. PUBLIC HEARING
The Public Notice for item 10.1 was published on July 10th in the Riverbank Newspaper.

The Public Notice for item 10.2 was published on July 10th & July 17th in the Riverbank Newspaper.

Item 10.1 First Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations- It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance, waive further reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Riverbank amending Section 120.60 and 120.62 and adding Section 120.63 of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Code of Ordinances related to the appeal of administrative penalties for violations of cannabis regulations.

Director of Community Development Mann, gave a comprehensive staff report and power point presentation on the First Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter

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CC / LRA Minutes – 07/23/2024
120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations City Council discussed the item with staff.

Mayor O’Brien Opened the Public Hearing at 6:42 P.M.

Olivia Arambula: Riverbank resident, to seek clarification regarding Item 10.1 property owner responsibility.

Mayor O’Brien Closed the Public Hearing at 6:43 P.M.

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

ACTION: By motion moved and seconded (Jones Cruz / Uribe 5/0) to approve the First Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations
Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.2 Public Hearing for Proposed Solid Waste Rate Increase- It is recommended that the City Council consider adopting a resolution approving a 3.8% Consumer Price Index (CPI) increase in rates for solid waste disposal services pursuant to the executed franchise agreement with Gilton Solid Waste, Inc.

Assistant City Manager Alcantor gave a comprehensive staff report and PowerPoint presentation on the proposed solid waste rate increase of 3.8% Consumer Price Index.

City Council discussed the item with staff.

Mayor O’Brien Opened the Public Hearing at 6:53 P.M.

Olivia Arambula, Riverbank resident, Opposed to Item 10.2 Mayor O’Brien Closed the Public Hearing at 6:55 P.M.

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

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CC / LRA Minutes – 07/23/2024
ACTION: By motion moved and seconded (Uribe / Jones Cruz 4/1) to adopt Resolution 2024-073 approving a 3.8% Consumer Price Index increase in rates for solid waste disposal services pursuant to the executed franchise agreement with Gilton Solid Waste, Inc.

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

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

11. NEW BUSINESS
Item 11.1 Designation of a Voting Delegate and Alternate(s) to Attend the 2024 League of California Cities Annual Conference- It is recommended that City Council designate a member of the Council as the Voting Delegate, plus one or two alternates. They will attend the 2024 League of California Cities Annual Conference and Expo, to be held in Long Beach on October 16-18, 2024, and will participate in the Annual Business Meeting for the consideration of resolutions that establish Cal Cities policy. The City Council is to ratify the designations by roll call vote.

City Manager Garcia gave a comprehensive report on the designation of a City Council member as the Voting Delegate, plus one or two alternates that will attend the 2024 League of California Cities Annual Conference and Expo and will participate in the Annual Business Meeting.

City Council Discussed item with City Staff.

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

ACTION: By motion moved and seconded (Jones Cruz / Uribe 5/0) to approve Councilmember Darlene Barber-Martinez as the primary voting delegate and Mayor Richard O’Brien and Councilmember Rachel Hernandez as the alternates
Motion carried by unanimous City Council and LRA Board roll call vote:

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

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

Item 12.1 Staff
City Manager Garcia reported on the following:

Page 6 of 9 ends

CC / LRA Minutes – 07/23/2024
• A reminder to both the city council and our residents that our housing element update workshop is next Wednesday, July 31st that's going to be at 6:00 P.M. In the Community Center. This one is for residents, and members of the public to provide feedback that could impact future policies that are set by the city council.

Now in August there'll be a second meeting or workshop that's scheduled, and this one will be tailored to stakeholders like developers who build homes and affordable housing, so that will be scheduled for some time in August. • This Friday and Saturday we have a free compost giveaway from 8 to 12 P.M. at 3134 Sierra Street. Resident should bring their own shovels, containers, or buckets to load their own material, and if you do bring a pickup truck we do ask that they tarp their load to avoid it spilling into the street.
• Movies in the park is this Saturday. It will be our last one for the season. We'll be showing the movie Matilda. The movie starts at dusk. Bring your blankets, your chairs, and your snacks, so that you can enjoy a movie with us. • Next Tuesday is going to be the final Tuesday market, scheduled from 6 to 9PM.

Here in downtown.
• August 2nd is the Riverbank night at the Modesto Nuts. The Nuts are planning a fun activity for council in between innings. So, I look forward to seeing you all there.

We'll share more details later about where we're going to meet. And the game does begin at 7 P.M.
• With school ready to start. The teen center is going to reopen its doors on August 5 th.
• And with the heat we do want to remind our residents that we do have cooling centers throughout the city. The community center is open Mondays, Tuesdays, and Thursdays from 9 to 1 P.M., and Fridays from 10 to 2 P.M. That is our senior meal period.
• A community pool is open from Monday, through Friday, from 1 to 3:30 P.M., and on Saturdays from 10 to 4 P.M. There is a $3 charge for that. • And then our library, as Vicki mentioned earlier, is open Mondays and Tuesdays from 10 to 8 P.M., Wednesdays from 12 to 8 P.M., and Thursdays from 10 to 8 P.M. They are not open on Fridays.
• Chief Ridenour: Just want to remind our residents and Council National Night Out is Tuesday, August 6th just 2 weeks away from now. We'll be out at Silva Park from 5 to 8 P.M. We have free food, free sweets provided by some of our local nonprofits, a lot of specialty units from the sheriff's office, it was a great turnout last year we hope it's even greater this year, so hope to see you all there that night.

Thank you.

Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• I want to thank you, Olivia and the Chamber for all the time and energy you've been putting into the city, and with our small businesses and businesses in general, and thank you for expressing your need for greater collaboration with the city, because that was heard.

Page 7 of 9 ends

CC / LRA Minutes – 07/23/2024
• I didn't mention anything before, and if I can right now. The decision made today for landlords and the proceedings with cannabis is always in an effort to continue good relationships and active relationships with everyone in the city. And hopefully, you know, we continue the communication. So, there's greater understanding around why decisions are made with each of us.
• So, Riverbank unified school district is doing a backpack drive, I think, on August 6th as well. But I need to check the date now that you mentioned those same days, as National Night Out. I'm working with the Central Valley Latino elected officials of California for delivery tomorrow of backpacks and the Veterans in Action Nonprofit for hopefully, a total of 100 backpacks for Riverbank Unified. This next week. So, Riverbank Unified is accepting backpacks and school supplies until August 6th.

Councilmember Uribe reported on the following:
• So first of all, I want to give a shout out to Chief, thank you for kind of updating me on everything with 4th of July all the citations. I won't go into the details there. Very impressive the technology that's being used there. The information that's there, I think, should be shared, and I know you're going to be working on getting me some of that information so we can share with residents. Real concerns that we have, and I want to make sure that that's being put out.
• I have been meeting religiously, because we've been meeting Sundays with a group of an alliance of local elected. We've been meeting with Senators, CEO’s. we have met with the Cal Matters, Chief Executive Officer Neil Chase. So, they got some AI tools. It's called a digital democracy kind of tracks everything you can think of, every dollar spent, every spoken word in public hearings. It's kind of designed to reveal like how that is, how decisions are made. And so, I think it's super important as we're going into this election cycle. • The only other thing I will mention is I am excited about the Modesto Nuts vs The Inland Empire 66ers. It is August 2nd. We're dubbing it Riverbank night, we are taking over that day. So excited to see everybody there. Thank you.

Councilmember Barber-Martinez reported on the following:
• I want to thank the Riverbank Community for attending our bike rodeo kids, health and safety annual fun fair. I think we had over 100 children. I know students that were there. I think everyone had a great time. I know I did, but it was hot, it was still a lot of fun. And also thank you to our community who donated bikes for us to raffle away, and we had 29 bikes that were given away. Plus, there were prizes and giveaways from our vendors, and this year we had a scavenger hunt with the focus on Bike safety. It was a lot of fun.
• News from the League of California cities, Prop. 36 is being supported because this measure creates a deterrent for repeat theft offenders and redirects, some towards treatment rather than incarceration. Prop. 4 would channel funding to mitigate the impacts of climate change and also increase funding to cities for funding stormwater capture and reuse local water conservation programs, state and local wildfire prevention and extreme heat mitigation.

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CC / LRA Minutes – 07/23/2024
• And I want to give recognition to our 1st responders of the fire department that are battling these fires and all this heat with their heavy equipment they have to wear for their safety. So, I just want to say, you know, from bottom of my heart, thank you.
• Then thank you, everyone involved in our recognition for the nonprofit of the year for Central Valley Community Resources for being nonprofit for District 4. And it was truly, truly an honor for all of us, and then thank you to everyone just being you and just stay safe in this heat. So, thank you.

Vice Mayor Jones Cruz reported on the following:
• No Comment.

Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• I do want to congratulate Darlene and her nonprofit. That was a great honor. It was unfortunate the Senator could not be there. But it was a good event, Darlene.

Thank you.
• We were told about a water level drop. The wells, ours haven't experienced that.

Can we get a report on that? Because 24 feet is significant and I think there may be a calculation of that's well. I just would like to have our report. Because if that's an amount of water that these homes are going to meet. We're going to have to cut the almond population down because it takes 1.1 gallon of water per one almond and we do billions of almonds. I don't know what the solution is, but we do need to grow, and we will determine would be the best place.

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 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Bobbie Bowling, Kalina Bowling, and Daisy Bowling Agency Claimed Against: City of Riverbank
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimant: Foley, John
Agency Claimed Against: City of Riverbank
There being no public comment, Mayor O’Brien moved to Closed Session at7:08 P.M.

Reconvened from Closed Session at 7:19 P.M.

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CC / LRA Minutes – 07/23/2024

14. REPORT FOR CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1

LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Bobbie Bowling, Kalina Bowling, and Daisy Bowling Agency Claimed Against: City of Riverbank
ACTION: Claim denied vote of 5/0.

Item 14.2 Report from Closed Session Item 13.2
(Pursuant to Government Code §54961)
Claimant: Foley, John
Agency Claimed Against: City of Riverbank
ACTION: Claim denied vote of 5/0.

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:20 P.M.to the next regular scheduled City Council / LRA Meeting of August 27, 2024 at 6:00P.M.

ATTEST: (Adopted 08/27/2024) APPROVED:

Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair
Riverbank City Council
July 23rd, 2024
Good evening Mayor and fellow council members:

My name is Garry Pearson, Resident of Riverbank, District 3 I am a life long farmer, retired UC Davis in the College of Agriculture and Environmental Sciences for 37 years, Career Technical Education specialist, and from a 4th generation family farm with the 5 generation being nurtured and mentored for the future, and graduate of the ‘California Ag Leadership Program’ class 38 First, I am opposed to the Riverwalk proposed project.

This project would potentially remove ‘Prime Ag Land’ of up to 1000 acres and replace the ag land with 2200 homes. Once you remove prime Ag land it is gone…
Second, with the recent substantial public comment with some 87 individuals and 14 Agencies regarding this project and the 2200 plus pages of the dEIR. One of the key agency comments was summarized in the Modesto Bee Article dated May 25, 2024 and titled ‘Riverbank proposal to build 2,400 homes under question by key Stanislaus agency, Sara Lytle-Pinhey, and executive director of the Stanislaus Local Agency Formation Commission. I recommend to all the council members to read this response in its entirety.

Third, It is noted that council members are concerned about housing affordability, shortages, and the longer range of the City of Riverbank. I, too, think this way for the longer range of what this region will look like in 20, 30, 40, and beyond… I also look beyond this city and its sphere of influence and conclude the city at this point in time stay within its sphere of influence.

Fourth, I ask that City council members look at the developments along the 120 corridor and beyond towards Lathrop, Brentwood, Walnut Creek, Tracy, Stockton, Antioch and Lodi. I see massive and extensive developments and which will eventually reach the city of riverbank and turn all the prime ag land into a maze of freeways, houses and spill over from the Bay area… Lets fill in what is presently available in the City of Riverbank as well as build upwards. Please see the Google Earth image below:

ATTACHMENT 2
Finally, the City of Riverbank in its approved 2016 Sphere of influence has substantial space for many additional homes for all categories including tiny homes, low income, moderate and high end. The city needs to infill like the rest of the region.

Respectively,
Garry Pearson, Riverbank resident, District 3
2209 Cedarwood Circle

Page 1 of 1 ends

Item 9.3 – CC/LRA - 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Acceptance of the 7
th Street Outfall Project 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 7 th Street Outfall
Project and authorize staff to file a Notice of Completion.

SUMMARY:

Dirt Dynasty, Inc. completed the construction of the 7
th Street Outfall Project. 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 14, 2023 to Dirt Dynasty, Inc. in the amount of $653,455.00. Six (6) contract change orders were issued for this project in the amount of $50,855.15. The total cost of construction is $704,310.15.

It is recommended that the Council accept the 7
th Street Outfall Project as complete and
authorize the Senior Project Coordinator to record the Notice of Completion.

FISCAL IMPACT:

Costs to be covered by American Rescue Plan Act.

ATTACHMENTS:

1. Notice of Completion

2. Before & After Photos

3. Site Map

CITY OF RIVERBANK
ATTN: DEVELOPMENT SERVICES6707 THIRD STREETRIVERBANK, CA 95367 City of Riverbank
6707 Third Street, Riverbank, CA 95367
X
N/A
N/A
August 27, 2024
ATTACHMENT 1
City of Riverbank
Laura Graybill, Senior Project Coordinator
City of Riverbank
Laura Graybill, Senior Project Coordinator
Riverbank Stanislaus California
Stanislaus California
Riverbank
27th August 2024
27th August 2024
7th Street Outfall Project
Dirt Dynasty, Inc.
construct and furnishing furnishing all labor, materials, equipment, transportation, and incidentals necessary for removing and installing storm pipeline & manhole, asphalt grinding & paving, earthwork, solider pile I beam & wood lagging soil retention wall.

Intersection of 7th Street and Riverside Drive
in Riverbank, CA 95367
7 th Street Outfall Project Photos
ATTACHMENT 2
Site Map
7 th Street Outfall Project
ATTACHMENT 3

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Item 9.4 – CC/LRA - 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Acceptance of the Claribel Road Overlay Project 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 Claribel Road Overlay Project and authorize staff to file a Notice of Completion.

SUMMARY:

George Reed, Inc. completed the construction of the Claribel Road Overlay Project.

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 April 9, 2024 to George Reed, Inc. in the amount of $602,516.00. Four (4) contract change orders were issued for this project in the amount of $56,892.22. The total cost of construction is $659,408.22.

On November 28, 2023 the City of Riverbank entered into a Cost Sharing Agreement between the City of Riverbank and the County of Stanislaus for the construction of the Claribel Road Overlay Project. The City of Riverbank acted as lead agency for the design, bidding, awarding, inspections, and the process & management of all additional segments of the project. Measure L Funds will be used by both agencies for the funding of this project.

The City’s portion of the project area is from the centerline of Claribel Road to the north edge of the project limits and the County’s portion consists of the area from the centerline of Claribel Road to the south edge of the project limits. The project limits start at the west side of the intersection of Squire Wells Way going east to approx. 1,300 feet west of Roselle Avenue.

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Item 9.4 – CC/LRA - 08/27/2024
The total cost of construction from George Reed, Inc. in the amount of $659,408.22 is broken down as follows:

City’s share of bid from George Reed, Inc. $409,975.51
Change order amount $ 54,866.33
City of Riverbank Budget Allocation $464,841.84
County’s share of bid from George Reed, Inc. $192,540.49 Change order amount $ 2,025.89
County of Stanislaus Budget Allocation $194,566.38
It is recommended that the Council accept the Claribel Road Overlay Project as complete and authorize the Senior Project Coordinator to record the Notice of Completion.

FISCAL IMPACT:

Funding has been programmed for this project with City of Riverbank and County of Stanislaus Measure L Funds.

ATTACHMENTS:

1. Notice of Completion

2. Photos

3. Site Map

Claribel Road between Squire Wells Way
and Roselle Ave in Riverbank, CA 95367
construct and furnish all labor, materials, equipment, transportation, and incidentals necessary to construct all asphalt dig-outs, asphalt grinding, and asphalt concrete paving, striping, adjusting structures to grade and all other work included on the plans.

Claribel Road Overlay Project Photos
ATTACHMENT 2

SITE MAP

CLARIBEL ROAD OVERLAY PROJECT
Between Squire Wells and Roselle
ATTACHMENT 3

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Item 9.5 – CC/LRA- 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Resolution to Award a Contract for Investment Advisory Services and Authorize the City Manager to Enter into a Consultant Services Agreement with Meeder Public Funds, Inc.

From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Assistant City Manager

RECOMMENDATION
It is recommended that the City Council consider authorizing the award of a contract for Investment Advisory Consultant to Meeder Public Funds.

SUMMARY
The City released a Request for Proposals (RFP) from qualified firms to provide investment advisory services for approximately $50 million in operating and capital project funds. The RFP was released on the City’s website and the California Society of Municipal Finance Officers (CSMFO) on May 14th with submittals due on June 6, 2024. Staff is seeking approval for the engagement of Meeder Public Funds, Inc. as the Investment Advisory Consultant for the City of Riverbank. This recommendation follows a thorough evaluation process aimed at enhancing our investment strategy and achieving our financial objectives.

BACKGROUND
The City of Riverbank has identified a need for professional investment advisory services to optimize our investment portfolio and align with our strategic financial goals. The existing investment management practices require expert guidance to ensure compliance with industry standards, regulatory requirements, and to maximize returns on investments.

Consultant Selection Process

1. Request for Proposals (RFP) Issuance: On May 14, 2024, an RFP was issued to several reputable investment advisory firms, outlining our requirements and expectations for the role.

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Item 9.5 – CC/LRA- 08/27/2024

2. Proposal Review: The proposals were reviewed by staff who evaluated the firms based on the following criteria:
• Experience and expertise in investment advisory services • Range of services offered
• Fee structure and cost-effectiveness
• Alignment with our investment objectives and strategies

3. Interviews and Assessments: Shortlisted firms were invited for interviews and presentations and assessed on their approach, capabilities, and compatibility with our needs.

4. Final Recommendation: Based on the evaluations, Meeder Public Funds has been selected as the most suitable candidate. Their proposal demonstrated an understanding of our investment goals, a comprehensive service offering, and a competitive fee structure.

Consultant Details
• Firm Name: Meeder Public Funds, Inc.
• Principal Consultant: Benjamin Sehy, over 16 years of financial services experience.
• Fees (include custodian fees) are based on the volume of assets as follows:

ASSETS UNDER MANAGEMENT ANNUAL ADVISORY FEE
$0 - $25,000,000 0.10%
$25,000,000 - $50,000,000 0.08%
$50,000,000 - $100,000,000 0.06%
Over $100,000,000 0.04%
Based on the comprehensive evaluation and the consultant’s alignment with our investment objectives, it is recommended that the City Council approve the engagement of Meeder Public Funds, Inc. as the Investment Advisory Consultant for the City of Riverbank.

Engaging Meeder Public Funds, Inc. represents a strategic move to enhance our investment management capabilities and achieve our financial goals more effectively. We recommend proceeding with their appointment and look forward to the positive impact on our investment strategy.

STRATEGIC PLAN
Participation in this user conference will help support the Strategic Plan goals of:

1. Achieve and Maintain Financial Stability and Sustainability

FINANCIAL IMPACT
Fees will be deducted from the interest earned on investments. Based on current investments the annual fees are estimated at $38,000.

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Item 9.5 – CC/LRA- 08/27/2024

ATTACHMENTS

1. Resolution

2. RFP Submittal Meeder Public Funds, Inc.

3. Consultant Contract

Page 1 of 2 ends

CC/LRA – 08/27/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

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

CALIFORNIA, TO AWARD A CONTRACT FOR INVESTMENT ADVISORY

SERVICES AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES AGREEMENT WITH MEEDER PUBLIC FUNDS, INC.

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

WHEREAS, the City issued a Request for Proposals (RFP) for Investment Advisory Services on May 14, 2024 and
WHEREAS, the City received and reviewed proposals from qualified firms, conducted interviews, and evaluated the submissions based on criteria including qualifications, experience, fees, and services offered; and WHEREAS, after careful consideration, it has been determined that Meeder Public Funds, Inc. is the most qualified firm to provide Investment Advisory Services to the City of Riverbank; and
WHEREAS, funding for these services is available in the City’s budget for the fiscal year 2024-25; and
WHEREAS, it is in the best interest of the City to engage the selected firm to provide professional investment advisory services.

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

1. Award Consultant Service Agreement for Investment Advisory Services to Meeder Public Funds, Inc.

2. Authorize City Manager to enter into a contract with Meeder Public Funds, Inc. for Investment Advisory Services
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 27
th day of August, 2024; motioned by Councilmember ,
seconded by Councilmember , and upon roll call was carried by the following City Council vote of :

ATTACHMENT 1

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CC/LRA – 08/27/2024
CC Resolution 2024-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
Attachment: Consultant Services Agreement
City of
Riverbank, CA
Request for Proposals Investment
Advisory Services
JUNE 6, 2024
ATTACHMENT 2
2 Cover Letter
To the City of Riverbank,
We are pleased to submit our proposal for Investment Advisory Services to the City of Riverbank.

With over 30 years of experience managing the investment portfolios of public entities on a fiduciary basis and the continued dedication to use our resources to provide exemplary service to our clients, Meeder is uniquely positioned to help the City establish a financial foundation on which it can thrive going into the future. Meeder is committed to helping the City achieve its objective of maximizing income, while focusing on the preservation of principal, maintenance of liquidity, and complying with the California Government Code and the City’s investment policy.

We currently manage the investment portfolios for more than 400 public entity clients as of 12/31/2023 and are committed to executing all items outlined in the Scope of Services.

At Meeder, we pride ourselves on living up to a simple mantra that we want all of our clients to experience throughout our relationship: With you. For you. » Experience – Meeder brings a unique combination of advisory and investment expertise to the table for our clients. Our team includes 7 individuals that have been in your shoes, serving in your roles at public entities, including positions at the state, county, and city levels. That experience, combined with a team of Portfolio Managers that average more than 18 years of fixed income experience makes Meeder uniquely qualified to help your team navigate through all situations the City may face. » Holistic Approach – We will work with the City to take a holistic approach to the investment of your funds, focusing on your entire financial picture. We will review your cash flow and offer recommendations on all aspects of your treasury management process. This is the difference between a true advisor and a manager who simply manages a portion of City funds. » Trusted Advisors – Our goal truly is to be viewed as your trusted advisor. We are here for you in all aspects of your treasury management program, not just the investment of your funds. Lean on our team and experience for any questions that may arise. If we don’t have an answer, odds are that one of our clients has experienced something similar and we can get you the assistance you need, no matter the topic.

Meeder respectfully requests that the client information on pages 13–15, 17, 23, and 25 of this response be excluded from any public information request relating to this RFP on the basis that it constitutes a trade secret.

We look forward to your review of our credentials and hope to develop a long-term relationship with the City of Riverbank, where we are confident we could add significant value to the City’s investment program.

Respectfully,
JASON CLICK, CFP®

PRESIDENT
614.760.2120
[email protected]
3 Contents
EXECUTIVE SUMMARY 4
QUALIFICATIONS AND EXPERIENCE 6
INVESTMENT STRATEGY/APPROACH 11
PRICING 22
REFERENCES 24

MEEDER PUBLIC FUNDS
1111 West Ocean Blvd, Long Beach, CA 90802

1.866.633.3371 | meederpublicfunds.com
Executive
Summary
5 Executive Summary
Include legal name and corporate structure, including primary contact information. Identify the use of subcontractors and any pending litigation against the Proposer.

PARENT COMPANY
Meeder Investment Management

INVESTMENT ADVISORY FIRM
Meeder Public Funds (“Meeder”)

PRIMARY CONTACT
Ben Sehy
Director, Advisory Services
Phone: 801.440.2493
Email: [email protected]
We will provide all investment advisory
services in-house and will not use
subcontractors/subadvisors for this
proposal. Neither Meeder Public Funds
nor any of its employees has been subject
to any regulatory censure or litigation.

WHY MEEDER PUBLIC FUNDS
30+ Advising public entities for
over 30 years.
$150B+ Meeder Public Funds has
assets under advisement
of over $150 billion.*
Works with over
400 public entities.

Customized solutions for
cities, states, counties,
townships, libraries,
schools, higher education,
and special districts.

Experienced management
of operating and project
funds. Among the largest
managers of public funds
in the United States.

Offices:
» Long Beach, California
» Columbus, Ohio
» Las Vegas, Nevada
» Salt Lake City, Utah
» Austin, Texas
» Lansing, Michigan
History of investing public
funds in California.
*Assets Under Advisement consist of $54.5 billion of regulatory assets under management and $100.6 billion of non-discretionary assets as to which the adviser provides strategic advice or consultation.

Qualifications
and Experience
7 Qualifications and Experience
This section shall identify the Partner, Manager, and other key personnel assigned to the services. Provide information on the training, experience, and specialized skills of each person and whether each person is licensed to practice in California.

Describe how and why the Proposed team would be best
qualified to provide services to the City.

Primary Contact

BENJAMIN SEHY

DIRECTOR, ADVISORY SERVICES
» Westminster College, B.A. in Finance
» University of Utah, MBA
» Over 16 years of financial services experience
Ben works hand-in-hand with our clients, ensuring investment policies are current, conducting cash flow analysis, and developing portfolio strategies that fit our clients’ objectives.

Ben has spent over 16 years working in fixed-income investment management on both a capital markets desk and as an advisor for public entities. Ben speaks regularly at CSMFO events, helping government entities identify and execute government investing best practices.
8 Qualifications and Experience
Additional Contacts

RICK PHILLIPS, CCM
SR. VICE PRESIDENT, CHIEF INVESTMENT STRATEGIST
» Certified Cash Manager
» Brigham Young University, B.S. Finance
» University of Utah, MBA
» Over 30 years of municipal cash and investment management experience
Rick is the Chief Investment Strategist at Meeder Public Funds.

Prior to joining Meeder, Rick was the President of FHN Financial Main Street Advisors, the Chief Investment Officer at Clark County, Nevada, and the Investment Officer for the City of Las Vegas. Rick has 35 years of experience in municipal cash and investment management. He is also the founder of the Government Investment Officers Association (GIOA), a national organization that has more than 1,000 government investment officers and corporate affiliates as members.

JASON HEADINGS, CMT
SR. VICE PRESIDENT
» Chartered Market Technician
» Miami University, B.S. Finance, B.S. Marketing
» Over 18 years of investment management experience
In addition to his duties as Sr. Vice President, Jason serves as a member of both the Investment and Credit Committees. Jason oversees the team that will work directly with the clients on processes and strategies to ensure that the portfolio is invested properly and all processes are running efficiently. Jason is a regular educator at industry events and conferences across the country.
9 Qualifications and Experience
Investment Team
JASON SZABO, CFA®

DIRECTOR OF FIXED INCOME
» Chartered Financial Analyst
» The Ohio State University,
B.A. Economics
» Over 9 years of investment management experience
In addition to assisting with the development of our investment strategies through the compilation and analysis of various economic and statistical reports, Jason is responsible for oversight of the implementation of our strategies and trade execution analysis. Jason serves as Chair of both our Investment and Credit committees, as well as serving on the Trading and Best Execution Committee.

JACOB BILLHARTZ, CFA®

PORTFOLIO MANAGER
» Chartered Financial Analyst
» Western Kentucky University,
B.S. Economics and BS Finance
» Over 9 years of financial services and investment management experience
Jacob is responsible for managing and trading public fund client accounts and contributing to economic research. Jacob is a member of our Investment and Credit committees and is involved in developing our investment strategies.
10 Ben Sehy, Rick Phillips, and Jason Headings are all registered and licensed to perform investment advisory services in California.

Meeder’s proposed team is highly qualified to provide investment services to the City, as the select group of individuals has collectively reviewed and written over a thousand investment policies, purchased billions of securities for government entities, and has advised cities like Riverbank all over the US. Meeder Public Funds has over 150 clients that have $20–$100 million of fund balances, similar to the size of Riverbank. The team’s experience range is 9–35 years of working with government entities.

We have earned the trust of state and local governments across the country with more than three decades in the fixed-income markets. We have seen a large variety of interest rate environments and have experience with the possible effects those can have on portfolios. We have the resources in place to navigate the ever-changing markets. As a result of this experience and our processes, our team has built a proven track record of fixed-income excellence.

Meeder Public Funds Division is comprised of a 36 person staff.

MANAGEMENT 4
ADVISORS 14
SUPPORT STAFF 5
INVESTMENT 9
ANALYSTS 6
OPERATIONS 4
*some individuals overlap in areas
Qualifications and Experience
Investment
Strategy/
Approach
12 Investment Strategy/Approach
Describe the proposed approach to providing the services and how that approach will offer value to the City.

Identify any proposed innovations that may be used to achieve more cost-effective and interest-maximizing delivery of the services. Provide a work plan and proposed schedule for the tasks described in the Scope of Services.

Meeder is very familiar with California Government Code 53601 and we believe it is important to be able to take advantage of all applicable investment options permissible under state law. The markets change and your portfolio should too. We have resources dedicated to analyzing the various permissible asset classes and to performing independent due diligence on issuers of investment securities.

Each client’s situation is unique. We construct portfolios to fit the needs of our clients, not place our clients in predetermined portfolios that may or may not fit their objectives.

Work Plan

INVESTMENT PORTFOLIO AND POLICY REVIEW AND ANALYSIS
Meeder will start its work plan by reviewing and suggesting any necessary changes to Riverbank’s investment policy.

Meeder has extensive experience drafting and revising investment policies and portfolio management guidelines for many of our public entity clients. Creating and/or reviewing investment policies is one of the first steps we take with all clients. We encourage a clear and concise investment policy that provides adequate guidance and control without undue administrative burden. At least annually, Meeder will review the Investment Policy of the City and recommend any changes.
16 Investment Strategy/Approach

CREDIT ANALYSIS
Meeder has an extremely deep and experienced in-house research team, which is constantly working on research to improve models, including those that drive the portfolio construction and duration targets for our public entity clients.

Our investment team currently maintains extensive credit research for existing advisory clients and actively manages funds and portfolios, ensuring that a single individual is not solely responsible for credit-related decisions. Meeder has established three internal committees to assist in the process of making prudent investment decisions within the confines of a sound investment strategy.

Credit Committee Meeder established a Credit Committee to carry out the evaluation of credit risks in connection with investments in separately managed accounts (SMAs), Meeder Money Market Fund.

Investment Committee Meeder established an Investment Committee to ensure the prudent and effective investment oversight of client portfolios and to formulate a process which monitors the investment process, strategy implementation, asset allocation decision making, and risk management practices for each portfolio. The committee membership includes staff across multiple asset classes and investment disciplines.

Trading and Best Execution
Committee
The purpose of the Meeder Investment Management Trading & Best Execution Committee is to ensure that the firm fulfills its fiduciary duty to seek best execution when trading securities on behalf of the firm’s clients. The Committee shall have authority to recommend and approve broker-dealers to execute transactions on behalf of firm clients; enforce firm policies and procedures governing best execution of transactions; and report deficiencies in these programs to the Meeder Funds Board of Trustees and firm management.
18 Investment Strategy/Approach

COMPLIANCE MONITORING
Meeder employs an industry-leading compliance monitoring and reporting system, Charles River. This compliance suite supports compliance rule-building, testing and maintenance, customizable reporting, and a complete audit history. A powerful data administration facility helps monitor and improve data quality. The scalable compliance engine supports high volumes of trades and compliance rules. This allows Meeder to ensure full legality with the entity’s investment policy, state codes, GASB and GAAP report standards, and other applicable laws, rules, and regulations. We load our client’s investment policy parameters and state code into our portfolio management system, providing pre-trade and post-trade compliance oversight.

BENCHMARKING
Meeder has extensive experience developing benchmarks
for operating funds and pooled funds of public portfolios.

Working with over 400 entities, each have their own restrictions and investment structures that are unique. Benchmarks
can be customized or follow a stated index. Based upon the characteristics of the entity’s policy and program objectives, Meeder would recommend a yield-based method for comparison of the portfolio to the market. We believe a yield-based method is representative of the actual return earned by the City as it excludes unrealized gains and losses which are included in the total return measure. We have developed benchmarks for several of our clients and typically recommend utilizing the 24-month trailing average yield of the 2-year Constant Maturity Treasury (CMT). This measure often resembles the average maturity of many of our managed portfolios and creates a benchmark that moves in a manner similar to the overall strategy of the portfolios.

REPORTING
Our goal is to provide timely and accurate reporting. In addition to an official monthly statement from the City’s custodial bank, our typical standard reports issued by the Operations team include transaction summaries for each investment purchase or sale and a monthly report of holdings and activity. Periodic investment review reports include an economic update and a portfolio summary with portfolio metrics. Ad hoc reporting is provided upon request. On an annual basis, GASB reports would be prepared for the City. We utilize Clearwater Analytics for our investment accounting and reporting. The Clearwater software is daily, accurate, and comprehensive and allows for customizable reports to meet the requirements of your investment policy and compliance rules.

We will also send weekly and monthly “Market Commentary” emails to City staff with general market updates, economic results, and key market interest rates as well as periodic videos from our portfolio management team to update the City on major changes or events in the fixed income markets.

CUSTODIAN
Your primary contact will assist the city in setting up a third-party custodian at the same time the Meeder Investment account is set up. We have custodial relationships where we have been able to negotiate preferred pricing that we would be able to connect and help set up for the City of Riverbank.
19 Investment Strategy/Approach

ONLINE PORTAL
Clients receive online access to their investment accounts through the Clearwater online portal where they can verify investment positions, daily activity, and investment income in real-time. This portal is reconciled with the custodian on a daily basis. Your primary contact will assist all staff members in navigating the portal.

MEETINGS
We recommend City staff and the Meeder team meet quarterly with monthly update calls. The monthly calls are used as quick touch bases on strategy and new information, with the quarterly meetings used to go more in-depth around the economy and portfolio strategy. Frequency and timing of meetings and calls can be adjusted at the City’s discretion. Your primary contact will also be available to attend council meetings when requested. 20 Investment Strategy/Approach
Your Primary contact will work with the City from the beginning of the process helping get everything in order to create an investment program for Riverbank.

IMPLEMENTATION OUTLINE
The below implementation outline details an approximate timeline of tasks and responsibilities for what can be expected at the start of the engagement as well as ongoing.

RESPONSIBILITY

FROM SIGNED CONTRACT

CITY OF

RIVERBANK MEEDER
Weeks 1–2 Execute Investment Agreements/Documents P P
Meeting with the City to review reporting and
information deliverables P P
Investment Policy review and sign off P
Notification letter to custodian and Transfer of
Assets Forms
» Custodian will then set up access for Meeder
(may take up to one week)
P
Provide historical cash flow information P
Historical cash flows analyzed P
Provide current holdings/statement of positions P
Analysis of current portfolio P
Provide the City with draft reports P
Meeder presents recommended strategy P
Monthly Strategy calls/meetings to discuss economic/
market conditions, portfolio structure/composition,
strategy, and other pool related items
P
Quarterly Strategy meetings at the City’s discretion P

REPORTING CADENCE
Holdings
Statement Monthly
Transaction
Summary Daily/Monthly
Economic/Portfolio
Update Quarterly
GASB Reporting
Assistance Annually
Staff Training/
Education Annually
21 SERVICES MEET SERVICES DOES NOT

MEET SERVICES
Develop and implement sound investment strategies, which will maximize the portfolio’s performance with the parameters of the City’s current Investment Policy and California statues, regulations, City ordinances, and rules.

Yes
Manage the City’s portfolio with discretionary authority. Yes Assist the City with cash flows/maturity analysis. Yes
Monitor the creditworthiness of financial institutions and the investments in the portfolio. Yes Provide monthly/quarterly/annual reporting of City funds. Reports will cover a range including but not limited to local, and national economy, the City’s portfolio holdings, composition and sector analysis, return, weight average of maturity, duration, performance objectives, and policy compliance.

Yes
Attend quarterly meetings (in person or via teleconference) with City staff. Yes Attend City Council meetings in person or via teleconference when necessary. Yes Evaluate market risk and develop strategies that minimize the impact on the portfolio. Yes Provide assurance of portfolio compliance with applicable policies and laws. Yes Establish an appropriate performance benchmark as part of reporting requirements. Yes Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers. Yes
Assist the City in updating the existing Investment Policy, with annual review and recommendations for appropriate amendments. Yes
Answer questions from staff and provide general guidance in related areas. Yes Coordinate with the City’s third-party brokers for safekeeping of securities. Yes Provide authorized City Staff with online access to the City’s current investment account. Yes Assist with annual audit inquiries and reporting. Yes
Investment Strategy/Approach

CONSULTANT SERVICES AGREEMENT
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CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ___________ 2024, (the “Effective Date”) by and between the City of Riverbank, a California municipal corporation (“City”), and Meeder Public Funds, Inc, an Ohio Corporation (“Consultant”). City and Consultant may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
A. City has issued a request for proposals (“RFP”) for Investment Advisory Services determined the need for consultant services to optimize our investment portfolio and align with our strategic financial goals (the “Project”).

B. Consultant has submitted a proposal to City that includes a scope of proposed consultant services, attached hereto and described more fully in Exhibit A (“Services”).

C. Consultant represents that it is qualified, willing and able to provide the Services to City, and that it will perform Services related to the Project according to the rate schedule attached hereto and described more fully in Exhibit B (the “Rates”).

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Consulting Services. Consultant agrees, during the term of this Agreement, to perform the Services for City in connection with the Project. Any request for services in addition to the Services described in Exhibit A will be considered a request for additional consulting services and not compensated unless the Parties otherwise agree in writing. No subcontract shall be awarded or an outside consultant engaged by Consultant unless prior written approval is obtained from City.

2. Compensation. City shall pay Consultant according to the fee schedule set forth in the Rates, as full remuneration for the performance of the Services. Consultant agrees to maintain a log of time spent in connection with performing the Services. On a monthly basis, Consultant shall provide City, in reasonable and understandable detail, a description of the services rendered pursuant to the Services and in accordance with the Rates. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. If City disputes any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.

3. Confidential Information. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and ATTACHMENT 3

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that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Consultant shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If the City gives Consultant written authorization to make any such disclosure, Consultant shall do so only within the limits and to the extent of that authorization. Such authorization does not guarantee that the City will grant any further disclosure of Confidential Information. Consultant may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Consultant agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.

4. Term. This Agreement shall become effective on the Effective Date and will continue in effect until the Services provided herein have been completed, unless terminated earlier as provided in Section 6 or 7 below (the “Term”).

5. Termination. City may terminate this Agreement prior to the expiration of the Term (“Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement (the “Termination Notice”). Upon receipt of a Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Termination Notice, only for Services actually performed.

6. Termination for Cause. Notwithstanding Section 6 above, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Consultant’s malfeasance.

Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Consultant.

7. Performance by Key Employee. Consultant has represented to City that Benjamin Sehy will be the person primarily responsible for the performance of the Services and all communications related to the Services. City has entered into this Agreement in reliance on that representation by Consultant.

8. Property of City. The following will be considered and will remain the property of City:

A. Documents. All reports, drawings, graphics, working papers and Confidential Information furnished by City in connection with the Services (“Documents”).

Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Documents.

B. Data. All data collected by Consultant and produced in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams,

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visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data.

C. Delivery of Documents and Data. Consultant agrees, at its expense and in a timely manner, to return to City all Documents and Data upon the conclusion of the Term or in the event of Termination.

9. Duties of City. In order to permit Consultant to render the services required hereunder, City shall, at its expense and in a timely manner:

A. Provide such information as Consultant may reasonably require to undertake or perform the Services;
B. Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and C. Promptly notify Consultant of any fault or defect in the performance of Consultant’s services hereunder.

10. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:

A. Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits and registrations required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Consultant represents and warrants to City that Consultant shall, at Consultant’s sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and registrations that are legally required for Consultant to practice Consultant's profession at the time the Services are rendered.

B. Consultant Performance. Consultant represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Consultant shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Consultant shall be completed using the best practices available for the profession and shall be free from any defects. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall re-perform or replace unsatisfactory Service at no additional expense to City.

11. Compliance with Laws and Standards. Consultant shall insure compliance with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant shall perform all work according to generally accepted standards within the industry. Consultant shall comply with

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all ordinances, laws, orders, rules, and regulations, including the administrative policies and guidelines of Client pertaining to the work.

12. Independent Contractor; Subcontracting. Consultant will employ, at its own expense, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Consultant is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing.

13. Insurance. Consultant and all of Consultant’s contractors and subcontractors shall obtain and maintain insurance of the types and in the amounts described in this paragraph and its subparagraphs with carriers reasonably satisfactory to City.

A. General Liability Insurance. Consultant shall maintain occurrence version commercial general liability insurance or an equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) for each occurrence.

B. Workers’ Compensation Insurance. Consultant shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Consultant shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.

C. Errors and Omissions Liability. Consultant shall carry errors and omissions liability insurance in the amount of no less than One Million Dollars ($1,000,000.00) per occurrence or greater if appropriate for the Consultant's profession. Architects and engineers coverage is to be endorsed to include contractual liability. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. Other Insurance Requirements. Within five (5) days of the Effective Date, Consultant shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance.

Such Certificates shall be kept current for the Term of the Agreement and Consultant shall be

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responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, or hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Consultant’s insurance and shall not contribute to it; (d) contain standard separation of insured provisions; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.

14. Indemnification. Consultant hereby agrees to indemnify, defend, and hold harmless City, its agents, officers, employees and volunteers, against all liability, obligations, claims, loss, and expense (a) caused or created by Consultant, its subcontractors, or the agents or employees of either, whether negligent or not, pertaining to or related to acts or omissions of Consultant in connection with the Services, or (b) arising out of injuries suffered or allegedly suffered by employees of Consultant or its subcontractors (i) in the course of their employment, (ii) in the performance of work hereunder, or (iii) upon premises owned or controlled by City.

Consultant’s obligation to defend, indemnify and hold City and its agents, officers, employees and volunteers harmless is not terminated by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

15. Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

16. Litigation. In the event that either Party brings an action under this Agreement for the breach or enforcement hereof, or must incur any collection expenses for any amounts due hereunder the prevailing Party in such action shall be entitled to its costs including reasonable attorney’s fees, whether or not such action is prosecuted to judgment.

17. Notices. Any notice or communication required hereunder between City or Consultant 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. Notices given by registered or certified mail 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, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing

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such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:

If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Manager
And to: White Brenner LLP
1608 T Street
Sacramento, California 95811
Attention: Douglas L. White, Esq.

If to Consultant: Meeder Public Funds
6125 Memorial Drive
Dublin, Ohio 43017
Attention: Benjamin Sehy

18. General Provisions.

A. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.

B. Waiver. The waiver by any Party of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

C. Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties.

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D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.

F. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.

H. Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.

I. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.

J. Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.

K. Headings Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

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

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.

CITY:

CITY OF RIVERBANK, a California
municipal corporation
By:

Marisela H. Garcia, City Manager
Date:

CONSULTANT:

MEEDER PUBLIC FUNDS, INC
By:

Name:

Date:

Approved as to Form:

Tom Hallinan, City Attorney

EXHIBIT A
Services
The City’s primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default. Although the generation of revenue through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City’s yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable risk.

Specific services to be performed include but are not limited to the following:

1. Develop and implement sound investment strategies, which will maximize the portfolio’s performance with the parameters of the City’s current Investment Policy and California statues, regulations, City ordinances, and rules.

2. Manage the City’s portfolio with discretionary authority. (Meeder Public Fund’s terms of service for discretionary authority are listed below.)

3. Assist the City with cash flows/maturity analysis.

4. Monitor the creditworthiness of financial institutions and the investments in the portfolio.

5. Provide monthly/quarterly/ annual reporting of City funds. Reports will cover a range including but not limited to local, and national economy, the City’s portfolio holdings, composition and sector analysis, return, weight average of maturity, duration, performance objectives, and policy compliance.

6. Attend quarterly meetings (in person or via teleconference) with City staff.

7. Attend City Council meetings in person or via teleconference when necessary.

8. Evaluate market risk and develop strategies that minimize the impact on the portfolio.

9. Provide assurance of portfolio compliance with applicable policies and laws.

10. Establish an appropriate performance benchmark as part of reporting requirements.

11. Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers.

12. Assist the City in updating the existing Investment Policy, with annual review and recommendations for appropriate amendments.

13. Answer questions from staff and provide general guidance in related areas.

14. Coordinate with the City’s third-party brokers for safekeeping of securities.

15. Provide authorized City Staff with online access to the City’s current investment account.

16. Assist with annual audit inquiries and reporting.

Investment practices and procedures must comply with state law and the City’s Statement of Investment Policy.

Terms of Service – Discretionary Accounts
Meeder Public Funds
The following Terms of Service are applicable to services offered by Meeder Public Funds, Inc. (“Meeder”) and shall be incorporated into any agreement for investment advisory services (“Agreement”).

1. Appointment. Client appoints Meeder as discretionary investment manager to invest, reinvest and manage the securities, cash and other assets of the Account subject to the investment guidelines (“Investment Guidelines”) provided by Client.

2. Trading Authorization. Client grants Meeder discretionary trading authority and appoints Meeder as agent and attorney-in-fact with respect to investments in the Account. Meeder may direct the purchase, sale, exchange, conversion, delivery or other acquisition or disposition of securities and other investments in the Account and act on behalf of Client in all other matters incidental to the handling of Account investments, all without prior consultation with Client.

3. Custody. Meeder shall not act as custodian for the Account or any portion of it. Custody and possession of Account assets shall be the sole obligation of the Account's separately appointed “qualified custodian.” (“Custodian”). Client acknowledges that it receives, or will receive from the Custodian, at least quarterly, an account statement that identifies the assets in the Account with the Custodian at the end of the period and that lists all transactions in the Account for the period.

4. Investment Objectives and Restrictions. Client may provide Meeder with written Investment Guidelines, setting forth the investment objectives and any specific investment restrictions or limitations which govern the Account. Meeder shall be entitled to rely on such guidelines, objectives and restrictions relating to the Account as it may receive from Client. It is Client’s responsibility to inform Meeder in writing of any changes or modifications to these directions, which shall be given ten days in advance of any such change.

5. Brokerage. Meeder will generally use the execution services of such broker-dealers as it may select to effect transactions for the purchase and sale of securities and other investments in the Account. When selecting brokers through which transactions for Client accounts will be executed, Meeder's primary consideration will be the broker's ability to provide best execution of trades and Meeder may consider the quality and reliability of the brokerage services, trade price and commission, as well as research and other services provided by the broker-dealers. The responsibility to obtain best execution shall not be deemed to obligate Meeder to solicit competitive bids for each transaction. Client may direct that Meeder execute transactions through specific broker-dealers in connection with a discount brokerage or directed brokerage program established by Client. Client acknowledges that by directing brokerage to a particular brokerdealer it may forgo any benefits from savings on execution costs that Meeder may obtain for its other clients through volume discounts on aggregated orders and may pay higher commission rates than other clients of Meeder.

6. Fees. For the services provided in accordance with this Agreement, Client shall pay Meeder an annual fee (“Fee”) as follows: Fees are billed either ☐ monthly or ☐ quarterly in arrears as selected by Client. The Fee will be ☐ deducted directly from Client’s Account or ☐ invoiced directly to Client, as selected by Client. Where Client has elected to have fees deducted Client authorizes the Custodian to deduct fees from the Account and pay them to Meeder. The account statements will reflect the fee amount withdrawn in any period. Client is responsible for notifying Meeder of any exceptions or objections to the amount billed within thirty days from the billing date.

7. Promoter Arrangements. Meeder accepts Clients referred through unaffiliated third parties (“Promoters”) and may pay cash compensation for the endorsement of Meeder’s services, which provides the Promoter with an incentive to refer clients. Clients will not incur any additional fees for being referred to Meeder by a Promoter. Clients that engage Meeder as their investment adviser as a result of a referral by a Promoter will receive a written Promoter disclosure statement describing the nature and terms of the arrangement, including the amount payable to the Promoter.

8. Local Government Investment Pools. Where appropriate, Meeder may recommend the use of local government investment pools in which Meeder or one of its affiliates earn advisory and/or administration fees. Assets placed in these pools are not included among eligible assets when calculating the investment advisory fee. Because Meeder or its affiliates receive fees in connection with programs we sponsor or recommend, use of these programs presents a conflict of interest.

9. Third-Party Payments. Meeder or its affiliates receive compensation from unaffiliated third parties for endorsing or recommending certain financial products to its clients. This arrangement presents a conflict of interest because it provides Meeder with an incentive to solicit and secure participation in the program.

Asset based advisory fees are not charged for assets invested in products that pay indirect compensation to Meeder.

10. Proxy Voting. Meeder does not accept or assume authority to vote proxies for its public fund clients.

Clients will receive their proxies or other solicitations directly from their Custodian. Client agrees that Meeder will not advise or act for Client in any legal proceedings, including bankruptcies or class actions, involving securities held or previously held by the Account or the issuers of such securities.

11. Electronic Delivery. Client consents to electronic delivery of all documents from Meeder, including but not limited to a copy of the executed Agreement, statements, confirmations, Meeder’s Form ADV Part 2 and amendments thereto, and other general communications delivered to Client’s electronic mail address of record. Delivery of communications to Clients in this fashion will be deemed effective unless Meeder is notified otherwise. Client is responsible for maintaining an accurate and up to date email address and to ensure that Client at all times has the ability to receive communications directed in this manner.

12. Confidentiality. All information and advice furnished by either party to the other, including their respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties except as otherwise required by law or as agreed to in writing by Client. Notwithstanding the foregoing, Client consents to the use of Client's name in sales and marketing material used by Meeder or its affiliates solely for the purpose of identifying the Client as an investment advisory client.

13. Services to Other Clients. Client understands that Meeder serves as investment adviser for other Clients and will continue to do so. Client also understands that Meeder, its personnel and affiliates ("Affiliated Persons") may give advice or take action in performing their duties to other clients, or for their own accounts, that differ from advice given to or action taken for Client. Meeder is not obligated to buy, sell or recommend for Client any security or other investment that Meeder or its Affiliated Persons may buy, sell or recommend for any other client or their own accounts.

14. Meeder’s Representations. Meeder represents that it is a registered investment adviser under the Investment Advisers Act of 1940.

15. Client’s Representations. Client represents and acknowledges that: (i) Client is the sole owner of the Account assets and has full power and authority to enter into this Agreement and to commit the assets to Meeder's management and supervision; (ii) that the person signing this Agreement on behalf of Client is authorized and empowered to establish accounts and commit the assets to Meeder's management and supervision on the entity’s behalf; (iii) Client has received Meeder's current Form ADV, Part 2A and B; and (iv) Client has received a copy of Meeder's Privacy Policy.

EXHIBIT B
Rate Schedule

Page 1 of 3 ends

Item 9.6 – CC/LRA – 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.6
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Resolution to Award a Contract to 110%, Inc. to Perform the Financial Sustainability Study for the City of Riverbank Parks and Recreation Department
From: Marisela H. Garcia, City Manager
Submitted by: Michael Patton, Parks and Recreation Director

RECOMMENDATION
It is recommended that the City Council consider awarding a contract to 110%, Inc. in the amount of $34,320.00 to perform a financial sustainability study for the Parks and Recreation Department.

SUMMARY
The City of Riverbank Parks and Recreation Department issued a Request for Qualifications (RFQ) to have qualified consulting firms to submit their qualifications to provide professional services to conduct a comprehensive financial sustainability study.

The RFQ was published on July 8th, 2024 and received two proposals by the deadline of August 9th, 2024. After reviewing the two proposals, Parks and Recreation staff is recommending the firm 110%, Inc. to perform the scope of work of the RFQ. Staff presented both proposals as well as their recommendation to the Parks and Recreation Advisory Committee on August 21, 2024 for their approval. The Committee has voted and made the recommendation to City Council to award 110%, Inc. to perform the financial sustainability study.

BACKGROUND
In FY 23-24, the Parks and Recreation department made a request to City Council to provide funding to have a financial sustainability study performed for the department. The study would provide education and training to staff, local stakeholders, and elected officials in regard to the revenues and expenditures of the Parks and Recreation Department, identifying areas where the department can generate revenue and reduce expenditures, establish goals for cost recovery, and develop strategies to create

Page 2 of 3 ends

Item 9.6 – CC/LRA – 08/27/2024
continuous improvements towards said goals. The City Council saw value in this project and invested $36,070.00 from the General Fund to finance the project in FY 24-25.

On July 8th, 2024, the City published a Request for Qualifications (RFQ) for consulting firms that specialize in this type of work to submit proposals that include their qualifications, experience, and model on how they would conduct a financial sustainability study for the Parks and Recreation Department. The Parks and Recreation Director sent the RFQ to three firms that would be capable of performing the work. The deadline to submit proposals was August 9th, 2024 and the city received two proposals, one from 110%, Inc. and the other from Ridgeline Municipal Strategies. Parks and Recreation staff reviewed the two proposals submitted and have recommended that 110%, Inc be awarded the project.

Parks and Recreation staff then presented the project, the proposals, and the recommendation to the Parks and Recreation Advisory Committee at their monthly meeting on August 21st, 2024. After discussion, the committee voted to provide a recommendation to the city council to award 110%, Inc. the project.

FINANCIAL IMPACT
For FY 24-25, the City Council approved funding to be directed towards a financial sustainability study for the Parks and Recreation Department. The City allocated $36,070.00 to be used to finance the project and the contract amount is $34,320.00 reflecting a savings of $1,750.00.

In return, the study will provide the following:
• Education and training to staff, stakeholders, and elected officials on financial sustainability.
• Supply a financial analysis of the parks and recreation department, which include a cost-of-service analysis, financial insights, and performance metrics. • Give strategies and recommendations for the department such as cost recovery goals, updated policies, strategies and alternatives, and improvement recommendations.

With the study, the city hopes to see a long-term positive financial impacts to the Parks and Recreation Department.

STRATEGIC PLAN
The top goal outlined in the city’s strategic plan in 2021 was to ensure financial sustainability. Another goal highlighted in the plan is to maintain a high quality of life for residents. This can be done through maintaining the parks, trails, and facilities to provide exceptional experiences, developing new programs, creating diverse and affordable events, and much more. Being a part of a financial sustainability study will assist the Parks and Recreation Department to outline different factors to generate revenue, reduce expenditures, and formulate the department’s scope of work to match the city’s initiatives.

Page 3 of 3 ends

Item 9.6 – CC/LRA – 08/27/2024

ATTACHMENTS

1. Resolution

2. Exhibit A: 110%, Inc. Contractual Agreement for Services

3. Exhibit B: Request for Qualifications for the Financial Sustainability Study

4. Exhibit C: 110%, Inc. Submitted Proposal

5. Exhibit D: Ridgeline Municipal Strategies Submitted Proposal

Page 1 of 2 ends

CC/LRA – 08/27/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA TO AWARD A CONTRACT TO 110%, INC. TO PERFORM THE

FINANCIAL SUSTAINABILITY STUDY FOR THE CITY OF RIVERBANK PARKS AND

RECREATION DEPARTMENT

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

WHEREAS, the City of Riverbank recognizes the importance of ensuring the longterm financial sustainability of its Parks and Recreation Department to continue providing high-quality services and facilities to its residents; and WHEREAS, the City of Riverbank has identified the need for a comprehensive Financial Sustainability Study to assess the current financial status, explore potential funding mechanisms, and provide strategic recommendations for future financial planning for the Parks and Recreation Department; and
WHEREAS, the City of Riverbank issued a Request for Qualifications (RFQ) to seek qualified consultants to perform the Financial Sustainability Study, and received proposals from multiple firms; and
WHEREAS, after careful evaluation of the proposals, the City of Riverbank has determined that 110%, Inc. possesses the expertise, experience, and resources necessary to successfully complete the Financial Sustainability Study in a manner that aligns with the City’s goals and objectives; and
WHEREAS, 110%, Inc. has demonstrated a clear understanding of the scope of work and has provided a comprehensive approach to conducting the Financial Sustainability Study, including stakeholder engagement, financial analysis, and the development of actionable recommendations; and
WHEREAS, the City Council finds that awarding the contract to 110%, Inc. is in the best interest of the City of Riverbank and its residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank, California, as follows:

1. The City Council hereby awards the contract for the Financial Sustainability Study for the City of Riverbank Parks and Recreation Department to 110%, Inc. in the amount of $34,320.00.

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 08/27/2024
CC Resolution 2024-

2. The City Manager is authorized and directed to execute a contract with 110%, Inc. for the performance of the Financial Sustainability Study, in accordance with the terms of the proposal and any other conditions deemed necessary by the City Attorney.

3. The City Manager is further authorized to take all actions necessary to implement this resolution and to ensure the successful completion of the Financial Sustainability Study.

4. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 27th day of August, 2024; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
Attachment: 110%, Inc. Contractual Agreement for Services Contractual Agreement for Services
THIS PROFESSIONAL SERVICES CONTRACTUAL AGREEMENT (“Agreement”) is entered into this 19th day of August, 2024, by and between the City of Riverbank, CA ("Organization") and 110%, Inc. ("Consultant"), collectively referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. SCOPE OF SERVICES.

1.1. Services. Consultant will perform the services described in the Scope of Services, attached as Exhibit “A”, in accordance with the terms and conditions of this Agreement and to the satisfaction of the Organization’s authorized representative, Michael Patton, (“Authorized Representative”). Time is of the essence for the performance of all Services under this Agreement.

1.2. Independent Contractor. Consultant will control the manner and means for performing the Services, acting as an independent contractor and not as an employee of the Organization.

2. COMPENSATION.

2.1. Payment. The Organization will pay Consultant for performing the Services as follows. Total project cost of $34,320 will be charged for services performed per the Scope of Services included in Exhibit “A”.

2.2. Additional Services. If the Organization authorizes Consultant to perform services in addition to the Scope of Services set forth in Exhibit “A”. Consultant will be compensated at a rate of $235 per hour. Consultant will not be entitled to any compensation for additional services performed without the Organization’s prior written consent.

2.3. Invoices. Consultant will submit a monthly itemized invoice to the Organization’s Authorized Representative for Services provided during the preceding month. At a minimum, the invoice will identify Services performed, and the percentage of Services complete. The Organization will pay the Consultant within thirty (30) days after approval of each invoice, with the exception of any disputed amounts.

3. TERM.

The term of this Agreement begins on the date it is signed by the Authorized Representative and ends upon Consultant’s completion of the Services required by this Agreement, unless terminated earlier as provided herein.

4. INDEPENDENT CONTRACTOR.

It is agreed between the Organization and the Consultant that the Consultant is an independent contractor and not an employee of the Organization for the purposes of this Agreement.

5. INSURANCE.

Consultant shall, at all times while this Agreement is in effect, cause to maintain in force and effect, an insurance policy or policies that will insure and indemnify both the Organization and Consultant ATTACHMENT 2
Services Agreement – City of Riverbank Financial Sustainability Strategy & Pricing Tool

Page 2 ends

against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of Consultant.

6. OPERATING EXPENSES.

Consultant shall provide and compensate its employees, agents, contractors, and other personnel and pay all expenses pertaining to the work performed.

7. ORGANIZATION’S RIGHT TO TERMINATE.

The Organization may terminate this Agreement for convenience (with or without cause) by providing written notice of termination to Consultant effective upon the date stated in the notice. If the Organization terminates the Contract, it will pay Consultant for all Services satisfactorily performed up to and including the effective date of the termination.

Either party to this Agreement may terminate the Contract by notifying the other party, in writing, of such party's desire to terminate this Contract not less than thirty (30) days prior to the effective date of such termination. Termination of this Agreement shall not affect the rights, duties and liabilities which accrue prior to final termination. The Organization may terminate this Contract for cause at any time without the requirement of the giving of written notice of such termination, in the event the Consultant fails in any way to perform the Scope of Work included as Exhibit “A”. In the event of such termination, the Organization shall be liable to Consultant for payments representing the Scope of Work completed by the date of the notice of such termination. In the event of termination of the Agreement, for any reason or for no reason, the parties hereto each agree to bear their own attorney fees and costs incurred in such termination, including any judicial proceedings resulting therefrom.

8. LITIGATION.

In the event that any litigation occurs regarding the validity of this Contract, other than litigation arising between the Parties, Contractor and Organization will fully cooperate to successfully resolve such litigation. In the event of any disputes arising between the parties under this Agreement, the prevailing party shall bear its own litigation costs, including attorneys' fees and collection costs. In lieu of the rights of termination permitted to the Parties and to the extent available in equity, if any obligation hereunder is not performed as herein provided or required, then the party which has a right to such performance shall have the right to an action for specific performance and/or damages.

In no case shall either party be liable for or entitled to lost profits, punitive or consequential damages.

9. NO JOINT VENTURE; PARTNERSHIP; NO ASSUMPTION OF LIABILITY.

Nothing contained in this Contract or subsequent agreements between the Parties is intended by them to create a partnership or joint venture between them, and any indication to the contract is hereby expressly disavowed. It is understood and agreed that this Contract does not provide for the joint exercise by the Parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute either Party as an agent of the other for any purpose whatsoever. Neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. Each party shall be responsible for any and all suits, demands, costs, or actions proximately resulting from its own individual acts or omissions.

Services Agreement – City of Riverbank Financial Sustainability Strategy & Pricing Tool

Page 3 ends

10. CONTROLLING LAW; SEVERABILITY.

This Agreementshall be governed by the laws of the State of California. If any term or provisions of this Agreement shall be found to be illegal or unenforceable, such finding shall not affect the remaining provisions of the Agreement, which shall remain in full force and effect. This Agreement is deemed an integrated Agreement and may not be modified or amended other than by written amendment executed by both parties. This represents the entire agreement of the Parties, no prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto, shall have any force or effect unless embodied in a writing amendatory or other agreement executed by the Parties.

11. NO IMPLIED WAIVERS.

In no event shall any performance hereunder constitute or be construed to be a waiver by any party of any breach of covenant or condition or any default which may then exist, and the rendering of any such performance when any such breach or default shall exist shall in no way impair or prejudice any right or remedy available with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more covenants, provisions, or conditions of this Agreement shall be deemed or taken to be a waiver of any succeeding or other breach. The failure by a party to enforce any provision of this Agreement or the waiver of any specific requirement of this Agreement or any provision herein shall not stop the party from subsequently enforcing this Agreement according to its terms.

12. ASSIGNMENT.

Any reference herein to a party shall be deemed to include itslegalsuccessors-in-interest. Contractor may not assign its interest in this Agreement without the Organization's written consent, which shall be given or withheld in Consultant's sole discretion.

13. NOTICES.

Any notice required or allowed to be given pursuant to this Agreement shall be delivered to the parties, either personally or by United States mail, first-class postage prepaid, to the following addresses:

If to Organization: City of Riverbank
6707 3rd St
Riverbank, CA 95367
Attention: Michael Patton, Parks and Recreation Director If to Contractor: 110%, Inc.

PO Box 538
Salida, CO 81201
Attention: Jamie Sabbach

14. SIGNATURE PAGE.

The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the Organization.

Services Agreement – City of Riverbank Financial Sustainability Strategy & Pricing Tool

Page 4 ends

City of Riverbank:
_______________________________________
Authorized Representative
_______________________________________
Signature
_______________________________________
Date
110%, Inc:
_______________________________________
Authorized Representative
_______________________________________
Signature
_______________________________________
Date
Services Agreement – City of Riverbank Financial Sustainability Strategy & Pricing Tool

Page 5 ends

EXHIBIT “A”

SCOPE OF SERVICES
2024
Financial
Sustainability
Study
RFQ Proposal
Prepared for:

City of Riverbank, CA
Parks and Recreation
Dear Michael,
We are pleased to submit the following proposal for the City of Riverbank’s Financial Sustainability Study RFQ. The pages that follow outline a process intended to lead to the development of a useful and actionable financial sustainability strategy for your organization.

Providing project oversight and leadership, 110% Inc. brings an unrivaled approach to creating financial sustainability strategies largely due to substantial practical experiences in public sector management and a focus on adaptive leadership in today’s dynamic social, economic, and environmental times. We will facilitate a process and deliver results that cannot be matched by any other consulting firm. 110% Inc. brings the following to each project we lead and organization for which we work. • An extensive understanding of the parks and recreation industry including trends and issues, service delivery, and management challenges strengthening efforts to develop relevant strategy. • A history of unparalleled client satisfaction and customer loyalty. • Authenticity and a commitment to facilitating each project based upon the unique attributes of your organization and the community you serve.
• Strategic financial sustainability concepts, approaches, and methodologies proven to be effective.

In the event you have any questions as you review this proposal, please email me at [email protected] or 303-810-1333.

Respectfully,
Farrell Buller
President & Certified Coach
July 24, 2024
Michael Patton
Parks and Recreation Director
City of Riverbank
6707 3rd St
Riverbank, CA 95367
Serving The Parks &
Recreation Industry
Influencing ethical decisionmaking, strengthening leadership competencies, helping create a
financially sustainable future one
organization at a time.

LinkedIn
@110-percent-inc
Website
110percent.net
Email
[email protected]
Phone
720.304.2167
SERVING THE PARKS AND RECREATION INDUSTRY 3
Parks & Reconomics©
There are few approaches to creating cost recovery or financial sustainability strategies for public parks and recreation organizations which exist today - and none quite like 110%’s Financial Sustainability Strategy process. This game-changing approach builds on the philosophy of Parks & Reconomics© - how parks and recreation organizations manage finite resources - and an interest in every park and recreation professional being able to confidently say, “We responsibly manage our financial resources”.

The 110% Difference
Since 2010, 110% has been synonymous with cost recovery and financial sustainability efforts in public parks and recreation across the U.S., helping hundreds of organizations. Our unique and comprehensive approach and methodology positions
organizations to create effective and actionable financial sustainability philosophies and strategies.

Why we do what we do
At 110%, we recognize the untapped potential within the parks and recreation industry. Our journey together begins with a commitment to break through the status quo, to explore the uncharted, and to advocate for change based upon rich
information and data. We are not just another consulting firm; we are thought leaders committed to helping you in the pursuit of ethical decision making, strengthening leadership competencies, and ensuring the financial sustainability of parks and recreation.

At 110%, we're not just shaping the future; we're defining it – one professional and one agency at a time.
is to help your
organization position itself for long-term
financial resilience, strength, and vitality.

Say hello to
Earl!
Keep an eye out for our
passionate Parks & Rec nut
throughout this proposal for
additional details on each
section of work.

SERVING THE PARKS AND RECREATION INDUSTRY 4
Education
& Training
Financial
Analysis
Strategies &
Recommendations
o Financial Sustainability 101
Workshop(s)
o Service Category
Development Workshop
o Beneficiary of Service Work
Sessions
o Cost of Service Analysis -
Operating
o Financial Insights and
Historic Trends
o Operating and Performance
Metrics
o Cost Recovery/Subsidy Goal
Setting
o Financial Sustainability
Strategy & Alternatives
o Financial Sustainability Policy
o Insights Into Action
o Continuous Improvement
Recommendation
#1 #2 #3
Financial Sustainability
Strategy in Parks & Recreation
Key Focus Areas...

Through careful analysis and thoughtful planning, your
organization can develop a comprehensive strategy that aligns with goals and furthers work towards financial sustainability.

SERVING THE PARKS AND RECREATION INDUSTRY 5
Focus Area #1
Education & Training
Financial Sustainability 101:

Staff, Advisory Groups &
Policy Maker Workshops
This training provides a
comprehensive overview of the
Financial Sustainability Strategy
project, explaining its benefits for
service quality and delivery. Topics
include financial management and
cost recovery, revenue generation,
and responsible spending/investing
taxpayer dollars, and the
importance of a sound financial
sustainability strategy.

Note: A total of 3 (three) virtual
workshops will be provided.

Service Category
Development
Workshop
Working collaboratively, the
consulting team and your service
category development team will
create service categories
representing all your services. The
workshop covers service category
development, distinctions between
services, service areas, and service
categories, and provides resources
for defining categories. This step is
critical for an effective financial
sustainability strategy.

Beneficiary of Service:

Staff, Advisory Groups &
Policy Maker Work Sessions
These interactive work sessions
enable staff, advisory groups, and
policy makers to rank your
organization’s service categories
based on their alignment with the
most “common good” services
versus those offering more
“exclusive” benefits. By ranking all
service categories in this manner,
your organization can better
allocate subsidies, focusing more
on “common good” services and
reducing subsidies for “exclusive”
services.

Note: A total of 3 (three) virtual
workshops will be provided.

By leveraging data-driven decisions,
you can plan for today, and tomorrow.

SERVING THE PARKS AND RECREATION INDUSTRY 6
Cost of Service Analysis - Operating
The Cost of Service Analysis identifies the agency’s total cost of operation by a thorough review and analysis of all expenses and participation/use data provided for the study period. The consulting team works closely with your data gathering team to ensure all expenses and services are identified, and to develop meaningful service, facility, and park areas to facilitate the appropriate attribution of expenses to services. The result is a clear picture of your total cost of service to guide the agency’s development of cost recovery/subsidy invest goals.

Focus Area #2
Financial Conditions Analysis
We specialize in transforming data into actionable
strategies. Our approach is focused on navigating current challenges while proactively addressing the future.

SERVING THE PARKS AND RECREATION INDUSTRY 7
Focus Area #2
Financial Conditions Analysis
Financial Insights
& Historical Trends
Through this process, insight into how
your agency utilizes its expense budget
is developed. In addition, a look back at
historical trends provides important
context for current data. This review
contributes to a holistic understanding
of your agency’s fiscal landscape and
plays a pivotal role in forecasting future
performance and capital investment
needs.

Performance
& Operational Metrics
Dependent upon the availability,
quality, and consistency of additional
data provided by your agency,
additional insights may include cost per
acre, cost per park amenity, cost per
mile of trail, cost per square foot,
resident vs. non-resident usage, % of
program capacity, etc. These metrics,
paired with data from other
assessment areas offer a deeper
understanding of your agency’s
operational efficiency and financial
performance.

We work with you.

Leverage our strategic
approach and insights
to empower your
organization.

SERVING THE PARKS AND RECREATION INDUSTRY 8
Cost Recovery/Subsidy Goal Setting
After completing the financial analysis, your organization will set cost recovery/subsidy investment goals based on current performance, analysis insights, and budget projections. At this point, the Financial Sustainability Strategy begins to take shape.

Financial Sustainability Strategy & Alternatives
Your organization’s financial sustainability serves as the cornerstone for sound financial decision-making.

Strategy alternatives are useful for addressing performance gaps or exploring new revenue streams. These options may focus on specific service areas like enterprise operations (e.g., golf course, water park) or on short-term vs long-term performance objectives.

Focus Area #3
Strategies & Recommendations
SERVING THE PARKS AND RECREATION INDUSTRY 9
Financial Sustainability Policy
Developing a Financial Sustainability Policy can
position your organization to address immediate
financial challenges and long-term goals, such as
infrastructure investments. Alternatively, existing
policies can be updated to better align with your
organization’s current needs. Note - A virtual
presentation can be made to an advisory group
and/or policy makers upon request.

Insights Into Action Work Session
This session helps your project team turn insights into action by providing guidance on using the data. It
includes a tutorial on the standard interactive pricing calculators, cost reduction options, exploration of
partnership opportunities, capital investment
considerations, and opportunities for continuing
education for staff, advisory, and policy makers with
the goal of making a greater community impact and
increasing revenues.

Continuous Improvement Recommendations
This project aims to improve your organization’s financial health. We offer recommendations based on analysis findings, observations, and feedback collected throughout the process. These include tailored suggestions for implementation over time or immediately, to suit your organization’s needs.

One size does not fit all. We craft unique
recommendations, not cookie cutter solutions. 110%
strives to be the catalyst for transformative change – and will be your guide and advocate throughout this journey.

Focus Area #3
Strategies & Recommendations
SERVING THE PARKS AND RECREATION INDUSTRY 10
Deliverables
Comprehensive, detailed information will be provided based upon all project work as identified in this proposal and confirmed in the project kick-off meeting. A final financial sustainability strategy report will be delivered to close out the project, providing key summaries and findings discovered throughout the process.

Note: Deliverables will be presented for review, and the project lead/team will have the opportunity to provide comments prior to approval and final delivery.

Cost of Service Analysis
Detailed results
Interactive Simulator
& Pricing Calculator*
Financial
Sustainability Policy
Final Report
Comprehensive
overview of data
Financial Sustainability
Strategy
Insights Into Action
Customized & actionable
recommendations
*Pricing simulator and calculator included in all projects; Premium Pricing Tool add-on available. See next page for more information.

Your
Organization
SERVING THE PARKS AND RECREATION INDUSTRY 11
+
Recommended
Add-ons
The Premium Pricing Tool is an invaluable resource
for organizations looking for maximum flexibility
and functionality. In addition to the included pricing
calculator:
• Price brand-new activities and use multiple or
new facilities
• Flexibility to add specific direct expenses
• Auto-calculates a non-resident fee and total
activity hours
• Determine the minimum number of participants
needed based on a set fee
• Use as an evaluation and education tool to assess
pricing decisions for continual improvement
• Loaded with overrides and resets for efficient use,
while remaining user-friendly
• Add-on now to save up to 45% off the regular
price, depending on the size of your organization
One of the most important actions an organization
can take in building a financially sustainable system
is to begin tracking its performance and progress.

The Cost of Service Analysis is designed to be a
repeatable process and performing regular updates
keeps this important work top of mind and
significantly reduces the organization’s staff time to
complete. Advantages include:
• A comparative analysis of year over year cost
recovery performance
• Timely identification of organizational changes
impacting cost of service and service delivery
• Update key information needed for effective
planning and pricing decisions
• Lock in current year pricing and secure your
preferred start date for the timeliest results from
your most recent fiscal year
In addition to the process detailed in the previous pages, the following two services are recommended addons to the Financial Sustainability Strategy process that are meant to aid and enhance your organization’s efforts beyond the scope of this process.
+ Premium Pricing Tool
Additional Year:

Cost of Service Analysis
SERVING THE PARKS AND RECREATION INDUSTRY 12
Standard
$2-4.9M
NOTE: All pricing above reflects a virtual process. In-person facilitation is available upon request and priced per project trip @ $3990 per consultant.

Consultant hourly rates used to calculate the budget include: 110% - Principal: $235/hour; Project Consultant: $175/hour. Organization has two (2) weeks from the date of delivery of the final project deliverables to submit any questions or comments to 110% Inc. that may result in modifications. Any additional requests submitted to 110% after this two (2) week period are not included in the project budget. 110% reserves the right to accept or refuse additional requests.

Accepted requests by 110% will be billed at the hourly rates stated above unless otherwise agreed upon in writing.

The proposed timeline below provides anticipated dates for each phase of the project.

NOTE: Date ranges are subject to change based on the availability of staff within your organization and adherence to proposed deadlines.

Organization Size:

Operational Budget:

Financial Sustainability Strategy Process Budget
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PHASE 4
Data Analysis,
Beneficiary of
Service Workshop
Months 3-4
PHASE 3
Data Configuration,
Service Category
Development
Months 2-3
PHASE 2
Data Collection,
Financial
Sustainability 101
Months 1-2
PHASE 5
Preliminary Results,
Goal Setting
Months 4-5
PHASE 6
Final Report
& Deliverables
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Ethics | Leadership | Financial Sustainability
We are 110%. A parks and recreation consulting firm of former practitioners who advocate for inspiring ethical decision making, strengthening leadership competencies, and ensuring the financial sustainability of parks & recreation.

Education, Presentations, & Trainings
Our educational content, expert presentations, and training programs effectively address important industry issues around the three key areas of ethics, leadership and financial sustainability. By delivering effective and engaging content which provides tangible and impactful results, we carefully design programs around your specific needs so that the experience is impactful and memorable.

LinkedIn
@110-percent-inc
Website
110percent.net
Email
[email protected]
Phone
720.304.2167
Our Services
Financial Sustainability
The Financial Sustainability Strategy empowers organizations to use data and information to make informed decisions. Whether done as a standalone project or with a Planning Initiative, our unique process combines sound financial management principles with our one-of-a-kind cost of service process to help organizations clearly understand how their taxpayer resources are being allocated.

Planning Initiatives
Our custom-tailored Planning Initiatives blend visioning what an organization/community can become with the strategy of creating a responsible and sustainable future. We strive to leverage our experience and networks to provide your organization with an optimized and practical Master or Strategic Plan.

SERVING THE PARKS AND RECREATION INDUSTRY 14
Meet the Team
Jamie Sabbach Founder | President | Principal
Jamie founded 110% Inc. in 2010 with the intention of helping organizations be more strategic and bolder amid dynamic social, environmental, and economic change. Having decades of experience in the public park and recreation field and as a college instructor have fed her passion to help others enhance their own talents and improve performance. Jamie has testified in front of the United States Congress on the importance of public parks and recreation. She is a past President of the American Park and Recreation Society and was inducted as a Fellow into the American Academy for Park and Recreation Administrator in 2008. Jamie is a native of Illinois who lives in the mountains of Colorado. She's a former college jock who enjoys hiking, biking, golf, volunteering, and has a love affair with the Chicago Cubs!
Farrell Buller Principal | Certified Executive Coach | Change Advocate Farrell has more than 20 years in progressively responsible leadership roles. She has focused on achieving results for leaders and their teams, successfully leading organizations of 500+ employees, with budgets of up to $80M, as well as smaller organizations and teams. As a graduate of the University of Northern Colorado in Therapeutic Recreation and as a former Parks and Recreation Director and City Manager, Farrell embraced her passion for serving others. She brings the ability to impact, influence, and inspire leaders at all levels. Farrell is the recipient of several awards, including Outstanding New Professional of the Year, Mid-West Region Professional of the Year, and the Pottsie Development Scholarship. You can often find Farrell and her family intentionally taking the "road less traveled" as they discover their next adventure!
Matt David Operations & Marketing Manager | Utility Player With a tip-of-the-cap for his love for baseball, Matt is our team's "Utility Player" and does a little bit of everything due to his wide range of experiences and skill set. He has municipal, nonprofit, and private sector experience in marketing, operations, programming, budgeting, digital design, project management, and general administration. Matt has an eye for detail, mind for inquisition, and a big heart for community and servant leadership. Outside of work, he enjoys life with his wife and two dogs in Stillwater, MN by exploring the outdoors, spending time with friends and family, tackling home improvement projects, and cheering on their favorite sports teams.

Alexis Rankey Project Consultant | Data Analyst
Alexis is a seasoned parks and recreation professional with 15 years of experience, demonstrating a high level of business acumen and a passion for high-quality parks and recreation management. She is driven by a strong sense of purpose to make a positive impact on the parks and recreation industry.

Utilizing her skills in data analysis, finance and budgeting, critical thinking, and problem-solving, Alexis leverages her expertise to produce meaningful results. Alexis's thorough understanding of parks and recreation operations, coupled with her love for processing and interpreting data, allows her to help others "put it all together" to make well-informed decisions. She graduated summa cum laude in 2010 with a Bachelor of Arts in Recreation Management from the Metropolitan State University of Denver and true to her rec rat roots, she spends her free time biking, golfing, playing hockey, glamping, and spending time with her friends and family.

SERVING THE PARKS AND RECREATION INDUSTRY 15
Staff Bio
Farrell has more than 20 years in progressively responsible leadership roles. She has focused on achieving results for leaders and their teams, successfully leading organizations of 500+ employees, with budgets of up to $80M, as well as
smaller organizations and teams. As a graduate of the
University of Northern Colorado in Therapeutic Recreation and as a former Parks and Recreation Director and City Manager, Farrell embraced her passion for serving others.

She brings the ability to impact, influence, and inspire leaders at all levels. Farrell is the recipient of several awards, including Outstanding New Professional of the Year, Mid-West Region Professional of the Year, and the Pottsie Development
Scholarship. You can often find Farrell and her family
intentionally taking the "road less traveled" as they discover their next adventure!
Farrell Buller
Principal | Certified Executive Coach | Change Advocate Biography Work History
Education Select Client List
110%, Inc.

Principal & Certified Executive Coach, Jan 2021 - present Town of Erie, CO
Deputy Town Administrator, Feb 2019 - Jan 2021
Acting Town Administrator, May 2018 - Jan 2019
Assistant to the Town Administrator, Sep 2017 - Apr 2018 Director of Parks and Recreation, Mar 2014 - Sep 2017
City of Lakewood, CO
Recreation Division Manager, Apr 2011 - Mar 2014
City of Commerce City, CO
Recreation Division Manager, Oct 2004 - Jan 2011
City of Boulder, CO
Recreation Coordinator, Jan 2000 - Oct 2004
Directors Summit
Lead Facilitator; Invitation-only Symposium, 2023 & 2024 Clemson University
Think Tank: Invitation-only Symposium, 2019
Altruism Institute
Invitation-only Symposium, 2016
Agents of Change
Invitation-only Symposium, 2015-2018
National Recreation & Park Association
Directors School Graduate, 2015
University of Northern Colorado
Bachelor of Science Degree in Recreation/Therapeutic, 1997 City of Northglenn, CO
Financial Sustainability Strategy, 2023
Town of Addison, TX
Parkland Dedication Fee Study, 2023 - present
City of West University Place, TX
Operational Analysis & Financial Sustainability Strategy, 2022 – 2023; present
City of Aurora, CO
Financial Sustainability Strategy, 2023
City of Fort Collins, CO
Leadership Development and Professional Coaching, 2023 - present SERVING THE PARKS AND RECREATION INDUSTRY 16
Recognized leaders in the field of
parks and recreation with a passion
for excellence and the ability to
manage and energize diverse
audiences, 110% is the real deal.

Carolyn Keith
Director | Commerce City, CO
110%’s Financial Sustainability
Strategy has been the single most
important tool I have used in my 15+
year career in parks & recreation.

Katrina Gregory
Recreation Manager | City of Napa, CA
Thank you for presenting a workshop
that was thought provoking, relevant,
engaging, and that will propel us
toward sustaining our services.

Katie Anderson
Former Deputy Director | Redmond, WA
let’s navigate building the
foundations for new possibilities.

Parker (CO)
Parks & Recreation Department:

Financial Sustainability Plan
Contact: Mary Colton, Director
Email: [email protected]
Phone: 303.841.0353
Address: 20120 E Mainstreet, Parker, CO 80138
Date: February – July 2021
Oquirrh (UT)
Recreation & Park District:

Financial Sustainability Plan
Contact: Kevin Schmidt, Executive Director
Email: [email protected]
Phone: 801.545.4114
Address: 5624 S. Cougar Ln, Kearns, UT 84118
Date: August – November 2021
Glencoe (IL)
Park District:

Master & Strategic Plans
Contact: Lisa Shepperd, Director
Email: [email protected]
Phone: 847.835.7531
Address: 999 Green Bay Rd., Glencoe, IL 60022
Date: March 2023 – Present
Project References
Appendix A includes a final deliverable from a Financial Sustainability Strategy with the City of Smyrna (GA) Parks & Recreation Department completed in 2024.

Work Sample
SERVING THE PARKS AND RECREATION INDUSTRY 17
Together,
let’s navigate building the
foundations for new possibilities.

Imagining the future
on behalf of others is a
A Call to Action for Public Parks and Recreation
High-performing park and recreation organizations seek out and embrace responsible financial and service management practices. Completion of a Financial Sustainability Strategy project represents a significant commitment to ensuring the long-term financial health and sustainability of your organization. Through careful analysis and thoughtful planning, your organization can develop a comprehensive strategy that aligns with goals and furthers work towards financial sustainability.

Thank you!
A small firm by choice, we remain committed to working with those who want to change the world for the better and want to do the right thing all day, every day.

We would like to extend our heartfelt thanks and appreciation to you for considering partnering with 110%, Inc. on this important project. We look forward to the opportunity to work alongside you!
Jamie Sabbach Founder,
President & Principal
ATTACHMENT 3

ATTACHMENT 4

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MUNICIPAL STRATEGIES
Proposal to Prepare Financial
Sustainability Study for

CITY OF RIVERBANK

PARKS & RECREATION
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ATTACHMENT 5

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Item 9.7– CC/LRA – 08/27/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.7
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Resolution to Approve the Use of the Community Center Pavilion for St. Frances of Rome Catholic Church to Provide Food on Sundays to Those Experiencing Homelessness
From: Marisela H. Garcia, City Manager
Submitted by: Michael Patton, Parks and Recreation Director

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution to approve the use of the use of the Community Center Pavilion for St. Frances of Rome Catholic Church to provide food to those experiencing homelessness on Sunday by waiving pavilion rental fees contingent on the following:
• Providing a refundable security deposit of $100.00 prior to using the facility. The security deposit will remain in the city’s possession until the church no longer uses the facility.
• Provide general liability insurance in the amount of $2,000,000 with the City of Riverbank listed as an additional insured on the policy. • Abide by all Federal and state laws, city ordinances and facility policies and regulations by the Parks and Recreation Department.
• Complete the ‘City of Riverbank Gazebo Reservation Application’ • The Parks and Recreation Department reserves the right to terminate any event to accommodate other rentals at the Community Center Pavilion, Community Center, and or Community Pool.

SUMMARY
St. Frances of Rome Catholic Church, located in Riverbank, has inquired about the use of the Community Center Park Pavilion to provide food to those experiencing homelessness every Sunday morning between the hours of 8:30 AM to 9:30 AM. The group has submitted a ‘City of Riverbank Gazebo Reservation Application’. The group is seeking to have fees waived to use the park pavilion and approval from the city to host this type of activity on its property.

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Item 9.7– CC/LRA – 08/27/2024

BACKGROUND
St. Frances of Rome Catholic Church, located in Riverbank, has inquired about the use of the Community Center Park Pavilion to provide food to those experiencing homelessness every Sunday morning between the hours of 8:30 AM to 9:30 AM. The Parks and Recreation Department has made the pavilion available for rentals at the cost of $110.00 for residents and $135.00 for non-residents. The department has also required a $100.00 refundable security deposit to be provided. Those renting the facility would need to sign a waiver and release of liability form and not exceed 50 people in attendance.

These rentals are typically one-time events.

The group has submitted a ‘City of Riverbank Gazebo Reservation Application’ to the Parks and Recreation Department in the hopes of renting the pavilion every Sunday morning. Due to the type of activity that will be hosted, the Parks and Recreation Department is seeking City Council approval prior to permitting St. Frances of Rome Catholic Church to move forward. The group is also seeking that the fees to use the pavilion be waived. The church has also requested that if they cannot use the pavilion that permission be granted to perform their activity anywhere on the park property, like at a picnic table or on the green space.

With this being a reoccurring activity at the park, the Parks and Recreation Department is seeking to have contingencies in place to protect the City if the City Council elects to permit the activity. The department is requesting the following:
• The church provides a refundable security deposit in the amount of $100.00. The deposit will be used to cover damages and additional labor required by park staff to accommodate their park usage. The deposit will be returned to the church group once they are no longer continuing their activity.
• Provide general liability insurance in the amount of $2,000,000 with the City of Riverbank listed as an additional insured on the policy. • Abide by all Federal and state laws, city ordinances and facility policies and regulations by the Parks and Recreation Department. This includes obtaining food handlers permits, licenses, approvals, and park rental rules outlined on the second page of the ‘City of Riverbank Gazebo Reservation Application’. • Complete the ‘City of Riverbank Gazebo Reservation Application’. The application that the group submitted back in June is incomplete.
• The Parks and Recreation Department reserves the right to terminate any event to accommodate other rentals at the Community Center Pavilion, Community Center, and or Community Pool. The city has other facilities surrounding the proposed park location that are available to rent to the public. If there is a rental, the Parks and Recreation Department wants to accommodate those users as they are paying and providing revenue to the city.

FINANCIAL IMPACT
There are a few financial impacts that this activity could create for the city. First, waiving the fees to use the city facility will not generate revenue for the city. The second impact

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Item 9.7– CC/LRA – 08/27/2024
is that it may cause additional staff time to clean and repair any damage, litter, and impact created by this additional usage on the park. Typically, the revenues received from rentals would be available to offset these costs. Without the generated revenue, the city will be financially responsible to cover these potential costs. Third, the city would not be able to provide the pavilion to rent on Sundays to the public. Before the end of the work week, parks staff clean and sanitize all pavilions that will have been rented for the upcoming weekend. With this activity happening on a Sunday, city staff is not available to ensure the space is clean and up to standard for another rental that same day. To prevent issues and dissatisfied customers, the department would not make the pavilion available to rent on Sundays. Lastly, the increased presence of individuals experiencing homelessness in the area may potentially lead to reduced interest from the public in renting nearby facilities, such as the community center and the community pool. This diminished interest could, in turn, affect the projected rental revenues.

STRATEGIC PLAN
This report has been prepared to accomplish the following Goal established at the 2022- 2027 Strategic Planning Session: “Engage the community and non-profit partners in the development of programs, facilities, transitional housing and/or solutions for homeless services.”

ATTACHMENTS

1. Resolution

2. Exhibit A: City of Riverbank Gazebo Reservation Application: St. Frances of Rome Catholic Church

Page 1 of 2 ends

CC/LRA – 08/27/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING THE USE OF THE COMMUNITY CENTER PAVILION BY ST.

FRANCES OF ROME CATHOLIC CHURCH TO PROVIDE FOOD ON SUNDAYS TO

THOSE EXPERIENCING HOMELESSNESS

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

WHEREAS, St. Frances of Rome Catholic Church has requested the use of the City of Riverbank’s Community Center Pavilion to provide food on Sundays to individuals experiencing homelessness; and
WHEREAS, the City of Riverbank recognizes the importance of supporting efforts to assist those in need within the community; and
WHEREAS, the City seeks to ensure that the use of city facilities is conducted in a manner that is safe, orderly, and in compliance with all applicable regulations; and WHEREAS, the City Council of the City of Riverbank desires to set forth specific conditions to be met by St. Frances of Rome Catholic Church in order to approve the use of the Community Center Pavilion.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank as follows:

1. Approval: The City Council hereby approves the use of the Community Center Pavilion by St. Frances of Rome Catholic Church for the purpose of providing food on Sundays to those experiencing homelessness between the hours of 8:30 AM9:30 AM, subject to the conditions outlined below.

2. Security Deposit: St. Frances of Rome Catholic Church shall provide a refundable security deposit of $100.00 prior to using the facility. This deposit shall remain in the possession of the City of Riverbank until such time that the church no longer uses the facility.

3. Liability Insurance: St. Frances of Rome Catholic Church shall provide general liability insurance in the amount of $2,000,000, with the City of Riverbank listed as an additional insured on the policy. Proof of such insurance must be submitted to the City prior to the use of the facility.

ATTACHMENT 1

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CC/LRA – 08/27/2024
CC Resolution 2024-

4. Compliance with Laws and Policies: St. Frances of Rome Catholic Church shall abide by all applicable Federal and state laws, city ordinances, and the policies and regulations established by the City of Riverbank Parks and Recreation Department.

5. Reservation Application: St. Frances of Rome Catholic Church shall complete and submit the "City of Riverbank Gazebo Reservation Application" to the Parks and Recreation Department prior to using the facility.

6. Right to Terminate: The Parks and Recreation Department reserves the right to terminate any event to accommodate other rentals at the Community Center Pavilion, Community Center, and/or Community Pool.

7. Effective Date: This resolution shall become effective immediately upon its adoption.

AYES:

NAYS:

ABSENT:

ABSTAINED:

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

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Item 9.8 – CC/LRA 08/27/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.8
SECTION 9: CONSENT CALENDAR
Meeting Date: August 27, 2024
Subject: Second Reading by Title Only of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section
120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council approve an Ordinance amending Section 120.60 and 120.62 and adding Section 120.63 of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Code of Ordinances related to the appeal of administrative penalties for violations of cannabis regulations.

BACKGROUND / SUMMARY:

On August 22, 2017, the City of Riverbank (“City”) adopted Ordinance No. 2017-007, which added “Chapter 120: Cannabis Regulations” (“Cannabis Regulations”) to Title XI, Business Regulations to the Riverbank Code of Ordinances (the “Municipal Code”). The Cannabis Regulations govern cannabis cultivation in the City for personal use and for commercial purposes, including commercial cannabis cultivation, cannabis testing laboratories, cannabis dispensaries, and cannabis delivery. The Cannabis Regulations also contain provisions governing enforcement and appeals pursuant to Chapter 120.

Since 2021, there have been at least seven (7) instances where residential properties in the City were used to house large-scale illegal cannabis growing operations. Typically, when law enforcement officers raid the properties, City code enforcement officials cite

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Item 9.8 – CC/LRA 08/27/2024
the property owners under Section 120.61(D) of the Municipal Code, with administrative penalties assessed at One Thousand dollars ($1,000) per plant for each plant present on the property that violates the code. Deputies have seized hundreds of illegal cannabis plants from these growing operations, resulting in large citations, including, for example, citations in the amount of Five Hundred and Twenty-Seven Thousand dollars ($527,000), Four Hundred and Twenty Thousand dollars ($420,000), and Two Hundred and Ninety-Six Thousand dollars ($296,000). The properties usually contain numerous other violations of building codes, Health and Safety code, and related structural violations caused by the illegal growing operations at the properties, leaving them uninhabitable. Where the properties are determined to be uninhabitable, utilities are turned off after the raids and the houses are red tagged.

The offenders operating these illegal cannabis grow houses do not apply for cultivation permits. Currently, therefore, these citations are not subject to the appeal procedures established under Section 120.60, under which permit applicants may appeal any adverse actions taken with respect to their applications to the City Council. Instead, section 120.61, subd. (A) declares these violations to be a “public nuisance,” which makes the citations appealable under the procedures established under Chapter 98, section 98.18, for appeals of administrative citations based on nuisance violations.

With the citations reaching such high dollar amounts and involving complex factual backgrounds, it has become necessary to update Chapter 120 of the municipal code to provide procedures for the appeals of these citations, to better address these specific issues, ensuring that appeals of all citations issued under the Cannabis Regulations follow the same procedure.

ANALYSIS:

The proposed ordinance establishes an appeals procedure for all administrative penalties assessed for violations of the Cannabis Regulations. The proposed ordinance also clarifies the cost recovery portions of the Cannabis Regulations and moves those provisions to a new section to allow for the new appeal procedure for all administrative penalties assessed for violations of the Cannabis Regulations. There would be four primary changes:
(1) Any appeal challenging the imposition of penalties under the Cannabis Regulations would be heard by a neutral hearing officer. (2) The proposed ordinance would establish procedures for filing appeals, conducting appeal hearings, and issuing orders after the hearings. (3) The City would be permitted to recover its attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance under this chapter 120 where it is the prevailing party, consistent with and to the fullest extent allowed under California Government Code section 38773.5.

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Item 9.8 – CC/LRA 08/27/2024
(4) The definition of “responsible party” under section 120.62, subdivision (C)(3) would be amended to specifically include property owners.

Given the large dollar amounts associated with administrative penalties historically imposed, parties cited for violations of Chapter 120 have incentive to retain counsel and raise legal arguments at their appeal hearing. The arguments often turn on whether the property owners should be held liable under Chapter 120. Among other arguments, landlords can blame their tenants for the violations or point to a lease provision prohibiting illegal activity to argue that they should not be responsible for the fines. A Hearing Officer, such as an attorney, is better equipped to resolve such legal issues than the Planning Commission or City Council. Furthermore, appointing a neutral hearing officer allows the City Attorney to advocate on the City’s behalf at the hearing.

Therefore, an updated appeals procedure ensures both individuals who have been cited and the City have an efficient means to achieve due process related to the administrative penalties assessed under Chapter 120.

The proposed ordinance also clearly establishes the procedural requirements that must be met in order to successfully file an appeal. One requirement is paying a deposit, subject to a hardship waiver provision. Paying an advance deposit is required in the City’s appeals procedures regarding fireworks violations and is a useful tool to address the cost of holding the administrative hearing.

Finally, these revisions clarify the cost recovery provision to ensure the City may recover its costs incurred in enforcing this provision, including attorneys’ fees, as permitted under California Government Code section 38773.5, and expands the definition of “responsible parties” to expressly include property owners. These changes make Section 120.63 consistent with the public nuisance provisions of Chapter 98, which expressly includes property owners.

ALTERNATIVES:

At the July 23, 2024 meeting, the City Council authorized the Introduction of the Ordinance and moved it forward to the second reading. The following alternatives are presented for consideration:

1. Approve the second reading and adopt the Ordinance; or

2. Continue the item to a later meeting of the City Council and provide direction to staff for any changes; or

3. Reject the Ordinance.

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Item 9.8 – CC/LRA 08/27/2024
ENVIRONMENTAL DETERMINATION:

Pursuant to Section 15061(b)(3) and/or Section 15378(b)(5) of the California Public Resource Code, the Community Development Department has determined that the proposed Code amendment is not a Project for purposes of the California Environmental Quality Act (CEQA). The proposed Code amendment modifies administrative procedures for the processing of appeals and has no effect on the land use regulation of the physical environment.

FINANCIAL IMPACT:

Neutral hearing officers would be used only when requested on a per-hearing basis, for which the City will incur costs. While actual costs will vary, to date, only one appeals hearing has been filed under the Cannabis Regulation which resulted in a considerable cost to the City. The proposed ordinance provides for the City to recover its costs where it is a prevailing party in the matter. Future hearings are unlikely to have a significant financial impact.

ATTACHMENTS:

1. CC Ordinance 2024-

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CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-

CITY OF RIVERBANK
ORDINANCE 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AMENDING SECTION 120.60, PERMIT APPEALS PROCEDURE, SECTION 120.62, ADMINISTRATIVE PENALTY APPEALS PROCEDURE, AND ADDING SECTION 120.63. COST RECOVERY TO CHAPTER 120, CANNABIS

REGULATIONS OF TITLE XI, BUSINESS REGULATION, OF THE RIVERBANK

CODE OF ORDINANCES RELATED TO CANNABIS BUSINESS CITATIONS WHEREAS, in 2017, pursuant to a statewide voter initiative, the State of California enacted the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which is codified in Business and Professions Code Sections 26000 to 26260; and WHEREAS, the stated purpose of MAUCRSA was “to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale” of medicinal and adult-use cannabis, and to set forth “the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry”; and WHEREAS, MAUCRSA explicitly provides that it “shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction”; and
WHEREAS, MAUCRSA further provides that it “shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements”; and
WHEREAS, on August 22, 2017, the City of Riverbank (“City”) adopted Ordinance No. 2017-007, which added “Chapter 120: Cannabis Regulations” (“Cannabis Regulations”) to Title XI, Business Regulations to the City’s Municipal Code (“Municipal Code”); and
WHEREAS, the stated purpose of the City’s Cannabis Regulations is “to encourage responsible, personal, and commercial cannabis activities and to discourage violations of related state laws, especially those that prohibit the sale, use, or distribution of cannabis and cannabis products to minors”; and
ATTACHMENT 1

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CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
WHEREAS, since enacting the City’s Cannabis Regulations in 2017, the appeals procedure under Chapter 120 has proven difficult to administer and requires amendment to streamline the process for the appeal of administrative penalties; and WHEREAS, the amendments will clarify and streamline the appeals of administrative citations related to the City’s Cannabis Regulations.

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

SECTION 1. Section 120.60, Appeals Procedure, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 120.60 that shall read as follows:
§ 120.60 PERMIT APPEALS PROCEDURE
(A) Any permit applicant may appeal any adverse decision taken with respect to a permit application under this chapter to the City Council. (B) Appeals of adverse decisions related to permit applications must be taken within thirty (30) days after the adverse action by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council from time to time.
(C)The City Clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five (5) days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

SECTION 2. Section 120.62, Cost Recovery, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 120.62 that shall read as follows:

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CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
§ 120.62 ADMINISTRATIVE PENALTY APPEALS PROCEDURE
(A) Administrative penalties issued under this chapter may be appealed as follows:
(1) Request for Appeal Hearing; Any person, corporation, entity, or responsible party against whom administrative penalties have been assessed under this chapter may appeal the violation and the issued administrative citation penalty, administrative penalty, or administrative fines by filing a written notice of appeal with the City Clerk within thirty (30) days of the date stated on the citation or notice of violation, which shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council. The appeal fee is intended to cover the costs, expenses, and city employees’ time incurred by the city in processing, preparing for, and hearing the appeal. (2) Deposit; person, corporation, entity, or responsible party requesting a hearing under this section must pay a deposit to the City equal to fifty percent (50%) of the full amount of the penalty indicated on the notice of violation upon submitting the hearing request with the City. Failure to deposit fifty percent (50%) of the amount of all fines appealed within the thirty (30) day filing period shall result in the request for an appeal hearing being incomplete and untimely, and therefore will not be accepted.
(3) Failure to timely file an appeal hearing request form with the City Clerk, along with the filing fee and deposit shall constitute a waiver of the right to any appeal hearing, and the penalties stated on the administrative citation or notice of violation shall be deemed confirmed and final.
(4) Hardship waiver; If within the thirty 30-day filing period, the appealing party establishes to the satisfaction of the Director of Finance or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the deposit amount would cause undue financial hardship to the appealing party, the Director of Finance or designee may grant a waiver or reduction of the deposit amount required. the Director of Finance's determination is not appealable and shall be final as to the hardship waiver request.
(B) Procedures for Appeal Hearings for Administrative Penalties Under Chapter 120. (1) Hearing Officer; For any appeal of administrative penalties assessed or otherwise imposed under this chapter, the appeal shall be heard by a neutral hearing officer.

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CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
(a) The City Manager is authorized to develop policies and procedures relating to the qualification, disqualification and appointment of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative appeal hearings.

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, a conflict of interest or for any other reason for which a judge may be disqualified in a court of law. (b) The City Council or City Manager shall appoint independent hearing officers for administrative appeal hearings or contract with an organization that provides independent hearing officers. (2) Notice; The person, business, entity, or responsible party requesting the appeal hearing under this section shall be notified by the City Clerk of the time and place set for the hearing at least ten (10) business days prior to the date of the hearing.
(3) Conduct of Appeal Hearing.
(a) Testimony at the hearing; At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the City, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.
(b) Record of oral evidence at hearing; The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party’s own expense.
(c) Continuances; The hearing officer may, upon request by the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer’s own motion. (d) Oaths; certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.
(e) Evidence rules: Cal. Gov’t Code § 11513(a), (b), and (c) shall apply to all administrative hearings. At the hearing officer’s sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

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(f) Burden of proof; The accuracy of the notice and order containing the description of the violations or public nuisance and the actions required to abate such violation or nuisance is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence. (4) Rights of Parties
(a) Each party shall have the following rights among others: To call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called that witness to testify; to rebut the evidence against him or her; to represent himself or herself or to be represented by anyone of his or her choice. (b) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing. (5) Official Notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or which may appear in any of the official records of the city or Stanislaus County or any of their departments.
(6) Hearing Officer’s Decision. Within thirty (30) days of the hearing, the hearing officer shall serve a written order, stating the decision made and the reasons for the decision. The order shall become final on the date of service of the order, and a copy shall be served on the appellant by first class mail to the address provided by appellant in the written notice of appeal, and on the City Clerk by first class mail.
(7) Right to Judicial Review.
(a) The failure of the person, corporation, entity, or responsible party contesting the administrative penalty under this section to appear at the appeal hearing shall result in a forfeiture of the right to appeal the administrative penalty and shall constitute a failure to exhaust administrative remedies.

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(b) Subject to the above provisions of subsection (B)(7)(a) of this section, any person aggrieved by an administrative decision of a hearing officer on an administrative penalty may obtain review of the administrative decision by filing an appeal in a court of competent jurisdiction within twenty (20) days after service of the decision in accordance with the provisions of Cal. Gov’t Code § 53069.4(b).

SECTION 3. Section 120.63, Cost Recovery, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, shall be added to the Riverbank Municipal Code and shall read as follows:
§ 120.63 COST RECOVERY.
(A) The City shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, Municipal Code, or other violation of law is corrected by the property owner or other responsible party.
(B) The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs. (C) For purposes of this chapter, the following additional definitions shall apply:
(1) Abatement costs include the actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by City.
(2) Enforcement costs include all actual and reasonable costs incurred by the City to enforce compliance with the Municipal Code and any applicable State, County, or City public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or State or County law violations, and reasonable attorneys’ fees related to these activities.

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(3) Responsible party means a person or entity responsible for creating, causing, committing, contributing to, or maintaining the violation of this chapter or State or County law, or any person or entity that owns, occupies, leases, manages, or maintains the property on which the violation has taken place.
(4) Subject property means the real property that is the subject of any abatement or enforcement action by the City for which the City incurred costs and seeks recovery under this chapter.
(D) In any action, administrative proceeding, or special proceeding to abate a nuisance under this Chapter, the prevailing party shall be entitled to recover attorneys’ fees.

Recovery of attorneys’ fees by the prevailing party may be limited to individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding, shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 5: This Ordinance shall become effective thirty (30) days from and after its final passage (08/27/2024), provided it is published pursuant to GC § 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.

The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on July 23, 2024. Said ordinance was given a second reading by title only and adopted.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the ____ day of ____________, 2024; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council _____ vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

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ATTEST: APPROVED:
_________________________ __________________________
Gabriela Hernandez,CMC Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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Item 10.1 – CC/LRA – 08/27/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: August 27, 2024
Subject: First Reading by Title Only and Introduction of a Proposed Amendment to Title XI, Business Regulations, Amending Chapter 119 Massage/Bodywork Establishments
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council conduct the public hearing for the first reading of the proposed amendments to consider its approval; if approved, the second reading of the amendments by title only will be scheduled for the next regular City Council meeting on September 10, 2024, for consideration of its adoption.

SUMMARY
The proposed Zoning Ordinance Amendment is a staff-initiated proposal to modify the Riverbank Municipal Code (RMC) to be consistent with new State law related to massage therapy. Specifically, the amendments include:
• Amend Chapter 119, Massage/Bodywork Establishments to add Section 119.04 Certification Required and Section 119.05 Business License Required. • Amend Section 119.02 Definitions to add and remove definition terms. • Amend Section 119.09 Application for Massage Practitioner/Employee to require CAMTC certification and remove exemption.
• Remove Section 119.10 Application, Health Certificate. • Amend Section §119.14 Massage Establishments, Generally. • Amend Section §119.18 Exemptions.

BACKGROUND AND ANALYSIS
On March 13, 2006, the City Council passed an Ordinance (Ordinance No. 2006-003) amending the RMC to add Chapter 119, regulating massage and bodywork establishments. The intent of this chapter was to establish minimum standards for

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massage and bodywork practitioners and their business establishments so as to protect and safeguard the public health, safety, and welfare. These amendments to the City’s Municipal Code were enacted to comply with the State legislation in effect at that time, as set forth in Government Code Sections 65852.2 and 65852.2.

On March 10, 2008, the City Council passed an Ordinance (Ordinance No. 2008-004) amending Chapter 119 of the RMC. This amendment included:
• Expanding the Legislative Purpose.
• Adding additional definitions for certified transcripts, operator, manager, employee, city manager, city council, police chief, and police department. • Adding Section §119.04 Fees, Section §119.05 Application for operator permit, Section §119.06 Operator permit issuance and denial, Section §119.19 Attorney’s fees and costs, and Section §119.24 Severability.
• Expanding massage practitioner permit application requirements by adding an itemized list of application materials.
• Expanding Section §119.13 Massage Establishment, Generally by adding regulations for facilities and operations.

In 2015, the Massage Therapy Act went into effect. The purpose of the Massage Therapy Act is to establish the California Massage Therapy Council to provide for consistent statewide certification and oversight of massage professionals, give broad control over regulating massage establishments to local governments to manage establishments in the best interest of the individual communities, and encourage local governments to establish a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations, among other things.

The key components of the proposed Ordinance Amendment include:
• Add definitions for California Massage Therapy Council (CAMTC), CAMTC Certificate, Certified Massage Practitioner, Compensation, Massage, Massage Therapy Act, Reflexology, and removing the definitions for Bona Fide Nonprofit Club, Qualified Massage Educational Program, and Recognized School of Massage.
• Amend Section §119.03 Permit Required to add additional permitting requirements for massage establishments. All applicants will be required to have a valid CAMTC certificate, city business license, and a permit issued by the Police Chief. • Add regulations on CAMTC certification. Applicants applying to operate a massage establishment will be required to provide proof of CAMTC certification. Section §119.04 Certification Required has been added to regulate CAMTC certification. • Add provisions for business licenses. Applicants applying for a business license to operate a massage establishment will be required to provide proof of CAMTC certification to receive a business license. Massage establishments cannot be operated without a business license. Section §119.05 Business License Required has been added to regulate business licenses for Massage and Bodywork Establishments.

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• Section §119.10 Application, Health Certificate has been removed to comply with Government Code section 51034 (c)(8). CAMTC certificate holders cannot be required to provide a certificate from a licensed physician. • Amend Section §119.09 (9) to clearly define the requirement of the CAMTC certificate and remove subsections (a) and (b). All applicants will be required to present a valid CAMTC certificate, and no exemption will be allowed for applicants possessing education related to massage therapy, anatomy, or physiology completed outside the State of California.
• Amend Section §119.14 (A)(10) to provide an exemption to massage establishments that are owned by one individual with one or no employees or independent contractors regarding external door regulations. • Amend Section §119.18 (D) to expand and clarify requirements for a reflexology exemption. All applicants seeking this exemption must provide evidence of the required items to the Chief of Police.

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

The proposed amendments do not change the zoning designation on any individual property and does not affect existing land use. The purpose of the amendment is to amend the Municipal Code to be consistent with recent State law as it relates to massage therapy and does not propose any specific development of a project.

FINANCIAL IMPACT
None.
2005-2025 GENERAL PLAN
The proposed Code Amendments comply with the following General Plan Policies:

Policy ED-2.1 The City will support efforts to increase the capacity and skill sets of the local labor force and help develop occupational skills that meet the needs of local and prospective
businesses. This will be accomplished by working with local businesses, educational institutions, and regional agencies to identify and develop the job skills and training programs needed to serve future business needs. The City already works with the Modesto Junior College Pathways workforce program, and is assisting the Community Services Agency with locating a workforce development site in Riverbank.

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PUBLIC NOTICE
The City Council public hearing notice was published in the Riverbank News on August 14, 2024, posted at City Hall North, City Hall South, the Post Office, the Riverbank Community Center, and emailed to the library.

ATTACHMENTS

1. CC Ordinance 2024-XXX

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CITY OF RIVERBANK
ORDINANCE 2024-XXX

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

CALIFORNIA, AMENDING THE RIVERBANK MUNICIPAL CODE BY AMENDING SECTION §119.01 THROUGH §119.23 RELATED TO MASSAGE/BODYWORK

ESTABLISHMENTS
WHEREAS, the proposed amendments to the Riverbank Municipal Code would amend Sections of Title XI: Business Regulation, Chapter 119: Massage/Bodywork Establishments; and
WHEREAS, the amendment is exempt according to the California Environmental Quality Act (CEQA) Article 5 §15061(b)(3) by the “Common Sense Exemption” that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment;

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

SECTION 1: Title XI: Business Regulation, Chapter 119: Massage/Bodywork Establishments shall be amended as follows (removed language is represented in strikethrough and added language is represented in underline text):

GENERAL PROVISIONS
§ 119.01 LEGISLATIVE PURPOSE.
(A) It is the purpose and intent of this chapter to provide for the orderly regulation of the massage/bodywork businesses and massage practitioners in the city and to comply with state regulations.
(1) The city recognizes massage is a viable professional field offering the public health and therapeutic services, including but not limited to, massage and bodywork therapies. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.

ATTACHMENT 1

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(2) This chapter establishes minimum standards for massage and bodywork practitioners and their business establishments so as to protect and safeguard the public health, safety and welfare.
(3) The city is authorized, by virtue of the California Constitution and Cal.

Gov't Code §§ 51030 et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage practitioners and reasonable conditions on the operation of massage establishments.
(B) It is the purpose and intent of the city that massage/bodywork establishments and persons offering such services be regulated so as to ensure that such persons possess the minimum qualifications necessary to operate such businesses and to perform the services offered, and to ensure that those offering these services conduct their work in a lawful and professional manner, and comply with required building, sanitation, and health standards.
(C) There is significant risk of injury to massage clients by improperly trained and/or educated massage practitioners and this chapter provides reasonable safeguards against injury and economic loss.
(D) There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized that massage is a pervasively regulated activity and brothels might attempt to operate as massage establishments. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity without significantly burdening legitimate businesses.
(E) The restrictions and requirements contained in this chapter reduce the burdens on the Police Department and permit the deployment of police personnel such that more serious crimes may be prevented and more important laws enforced. (F) The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.02 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BONA FIDE NONPROFIT CLUB. Any fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to the members and guests, and the revenue accruing therefrom is to be used exclusively for the benevolent purposes of such organization, and which organization or agency is exempt from taxation under the internal revenue laws of the United States as a bona

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fide fraternal, charitable, religious, benevolent, or nonprofit organization, and in which massage or bath services are provided incidental to its primary operation.

CALIFORNIA MASSAGE THERAPY COUNCIL (CAMTC). The non-profit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the Business and Professions Code of the state (commencing with Section 4600).

CAMTC CERTIFICATE. A current and valid certificate issued by the CAMTC to a certified massage therapist or certified massage practitioner pursuant to Section 4600 et seq. of the California Business and Professions Code.

CERTIFIED MASSAGE PRACTITIONER. Any individual certified by the CAMTC as a massage therapist or massage practitioner pursuant to Section 4600 et seq. of the California Business and Professions Code.

CERTIFIED TRANSCRIPTS. Course transcripts that are received sealed by the Police Department from a recognized school of massage or qualified massage educational program.

CITY COUNCIL. The City Council of the City of Riverbank.

CITY MANAGER. The City Manager of the City of Riverbank or his or her designated representative.

COMPENSATION. A payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value.

CONVICTION and CONVICTED. A plea or verdict of guilty or a conviction following a plea of nolo contendre.

EMPLOY. Includes contracting with independent contractors.

EMPLOYEE. Includes independent contractors.

HEALTH DEPARTMENT. The Stanislaus County Health Department.

HEALTH OFFICER. The person designated by the city as Health Officer, or his or her authorized representative.

MANAGER. The person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing dayto-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an operator. A massage practitioner permit is not required to qualify as a manager. A manager may not perform any massage services without first meeting the standards and qualifications of massage practitioner.

MASSAGE. The scientific manipulation of the soft tissues. For purposes of this chapter, the terms “massage” and “bodywork” shall have the same meaning.

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MASSAGE/BODYWORK ESTABLISHMENT. Any establishment having a fixed place of business where any person, firm, partnership, association, corporation or combination thereof engages in, carries on, or permits to be engaged in or carried on, any massage/bodywork activity for compensation or any other consideration. Any establishment engaged in, carrying on, or permitting any combination of massage/bodywork and bathhouse is a MASSAGE ESTABLISHMENT.

MASSAGE/BODYWORK PRACTITIONER. Any person who for any
consideration whatsoever engages in the practice of massage/bodywork techniques as defined in this section, unless otherwise exempted.

MASSAGE/BODYWORK TECHNIQUES. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of another human body with the use of the hands, arms, or other portions of the body, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. MASSAGE should also include the giving of any baths as listed below under PUBLIC BATHHOUSE.

MASSAGE THERAPY ACT. Provisions in Chapter 10.5 of Division 2 of the California Business and Professions Code commencing with Section 4600.

OPERATOR. All persons who have an ownership interest in the massage establishment and are responsible for its day-to-day operations.

OUT-CALL MASSAGE SERVICE. To engage in or perform massage/bodywork for a fee or other consideration at a location other than a duly licensed massage/bodywork establishment or school of massage.

PERSON. Any individual, co-partnership, firm, association, joint-stock company, corporation, or combination of individuals of whatever form or character.

POLICE CHIEF. The Police Chief of the City of Riverbank Police Services or his or her designated representative.

POLICE DEPARTMENT. The police services of the City of Riverbank.

PUBLIC BATHHOUSE. Any place, including a private club or organization, except as otherwise provided, wherein any person, firm, association, corporation, or partnership engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, or the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, or electric baths, or baths of any kind whatever, including any form of body shampoo. Ordinary tub baths or showers where an attendant is not required, is excluded.

QUALIFIED MASSAGE EDUCATIONAL PROGRAM. An educational program, class, or course primarily focused on the theory, ethics, practice, profession or work of massage and meeting one of the following criteria:
(1) Provided by a recognized school of massage;

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(2) Approved by the California Board of Registered Nursing; (3) Certified by a state or national professional association devoted to the profession of massage; or
(4) Offered by an accredited college or university.

Correspondence courses not requiring actual attendance shall not be deemed a qualified massage educational program.

RECOGNIZED SCHOOL OF MASSAGE. Any school or institution of learning, registered and/or credentialed with the California State Bureau of Private Post Secondary and Vocational Education, which teaches, through state-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with Cal. Education Code §§ 94900 or 94901, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

REFLEXOLOGY. An integrative health practice that maps a reflection of the body predominantly on the feet, hands and outer ears. It uses unique manual techniques to deliver pressure to neural pathways assisting the body to function optimally.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08)

APPLICATIONS AND PERMITS
§ 119.03 PERMIT REQUIRED.
(A) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a massage establishment, as defined in this chapter, without first having obtained a permit from the city after approval by the Police Chief and requisite city officers.
(B) It is unlawful for any person to act as a massage/bodywork practitioner, instructor or trainee, or to take any other position of employment with a massage establishment or school of massage, without possessing a City business license, a valid CAMTC certificate obtained, and maintained in compliance with the Massage Therapy Act, and a permit issued by the Police Chief in accordance with this section. (Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.04 CERTIFICATION REQUIRED
It is unlawful for any person to perform or engage in the practice of massage for compensation within the city without possessing a valid CAMTC certificate obtained and maintained in compliance with the Massage Therapy Act, and a permit issued by the Police Chief in accordance with this section. All persons certified by the CAMTC shall have the right to perform or engage in the practice of massage consistent with the

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Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this chapter.

Persons that are granted an exemption from the CAMTC certification requirement by the city will still be required to meet all other terms of this chapter including but not limited to the background check required of massage establishment owners that are not certified by the CAMTC. All persons under this exemption will be required to display, in the same manner this chapter requires the display of CAMTC certification, a separate statement from the city to show that the person has met the requirements of this exemption. This exemption must be renewed annually and the city may establish a non-refundable fee to recover costs associated with such annual renewals.
§ 119.05 BUSINESS LICENSE REQUIRED
(A) It shall be unlawful for any massage establishment to operate, or any independently employed certified massage practitioner or therapist to perform or engage in the practice of massage for compensation within the city, without first obtaining a city business license;
(B) In applying for a city business license, a massage establishment owner shall fill out an application and shall file along with the completed application a copy of the current and valid CAMTC certificate and a CAMTC photo identification card possessed by every person who will be performing or engaging in the practice of massage at the massage establishment;
(C) In applying for a city business license, a certified massage practitioner or therapist who will be independently employed shall fill out an application and shall file along with the completed application a copy of his or her current and valid CAMTC certificate and a CAMTC photo identification card;
(D) Prior to the issuance of a city business license to any massage establishment or any independently employed certified massage practitioner or certified massage therapist, the police department shall make a reasonable investigation into the information provided in the application, and shall contact the CAMTC to verify the status of the CAMTC certificate(s) filed by the business license applicant; (E) No city business license shall be issued to a massage establishment that will employ or contract with one or more persons to perform or engage in the practice of massage without that person or persons possessing a current and valid CAMTC certificate;
(F) No city business license shall be issued to a person who wishes to perform or engage in the practice of massage for compensation within the city and who does not possess a current and valid CAMTC certificate
(G) The city may deny a business license to any applicant who has provided materially false information in applying for a business license; and

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(H) The chief of police may order that a business license required by this chapter be revoked pursuant to the procedures set forth in §110.26. § 119.06 FEES.

The City Council shall establish by resolution, and from time to time may amend the fees for the administration of this chapter. The city may include in this resolution a health services fee schedule prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the Health Department and retained by the county as reimbursement for the services related to this chapter. Fees required by this chapter shall be in addition to any required by this code. (Ord. 2008-004, passed 3-10-08)
§ 119.07 APPLICATION FOR OPERATOR PERMIT.
(A) Any person seeking an operator permit for a massage establishment shall file a written application on the required form with the Police Chief and submit all required documentation. The application shall be accompanied by the appropriate nonrefundable filing fee established by resolution of the City Council. The application shall be completed and signed by the operator, or authorized representative thereof, of the proposed massage establishment. The permit application does not authorize the operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information:
(1) The type of ownership of the business. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this division (1) pertaining to corporations shall apply. A corporate or partnership applicant shall designate one of its officers or general partners to acts as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged. (2) The precise name under which the massage establishment is to be conducted.
(3) The complete address and all telephone numbers of the massage establishment.
(4) A complete and current list of the names and residential addresses of all proposed massage practitioners and employees in the massage establishment and the name and residential addresses of the manager(s) proposed to be principally in charge of the operation of the massage establishment.

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(5) The proposed hours of operation of the massage establishment. (6) A description of any other business operated on the same premises or within the city or the state which is owned or operated by the applicant. (7) For each person who will be providing massage therapy, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card. For each owner who is a CAMTC certified massage professional, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card.
(8) The following personal information concerning the operator applicant:
(a) Current address and telephone number and all previous residential addresses for the eight-years preceding the date of the application; (b) Acceptable proof that the applicant is at least 18 years of age; (c) Copies of driver's license and Social Security card; (d) Height, weight, color of hair and eyes, and gender; (e) Two current "passport" photographs of the applicant, each not exceeding four square inches in size, and being only front views of the face and head; (f) The applicant's complete business, occupation and
employment history for the eight years preceding the date of the application, including, but not limited to, massage or similar business history and experience of the applicant; (g) The complete massage permit history of the applicant; whether such person has ever held any certification, permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a certification, permit or license; and whether the certification, permit or license was denied, revoked, or suspended, and the reasons therefore;
(h) All criminal convictions, including pleas of nolo contendre, within the last eight years, including those dismissed or expunged pursuant to Cal.

Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof;
(i) A complete set of livescan as directed by the Police Department.
(9) The name and address of the owner and lessor of the real property upon which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property.
(10) Authorization for the city, its agents and employees to seek verification of the information contained in the application.

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(11) Such other identification and information as the Police Chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
(12) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
(13) Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they:
(a) Will only employ or retain CAMTC certified massage
professionals, and failure to comply may result in the suspension or revocation of the massage establishment permit;
(b) Have received a copy of this chapter;
(c) Understand its contents; and
(d) Understand the duties of an operator or manager, respectively, as provided by this chapter.
(B) If operator is also going to be a massage practitioner, then all requirements and additional applicable fees, as adopted by city resolution, also must be met and paid prior to the issuance of a permit.
(C) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change in writing within ten business days thereafter.
(Ord. 2008-004, passed 3-10-08)
§ 119.08 OPERATOR PERMIT ISSUANCE AND DENIAL.
(A) Upon receipt of a complete permit application, the Police Chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The Police Chief shall, within 60 days of receipt of an application, approve, conditionally approve or deny the application. The 60-day period may be extended for up to 30 additional days, if necessary, to complete the investigation. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The applicant, or any officers, directors, or partners, or any person directly engaged or employed in the massage establishment, has within the eight-years preceding the date of the application:
(a) Been convicted of a violation of Cal. Penal Code §§ 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), (b), or (d), or any other provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of Cal. Penal Code § 415 or any

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lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;
(b) Been convicted of a violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(c) Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses; (d) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Cal. Penal Code § 11225 et seq., or any similar provisions of law in a jurisdiction outside the State of California; (e) Been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of an operator;
(f) Has had an operator or massage technician permit or other similar certification, permit or license denied, suspended or revoked for cause by a licensing authority or by any city, county or state.
(2) The applicant has made a false, misleading, or fraudulent statement or omission of fact to the city in the permit application process. (3) The application does not contain all of the information required by § 119.09.
(4) The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, and safety requirements and standards.
(5) The applicant has not satisfied the requirements of this chapter in the time specified.
(6) Any individual offering or performing Massage at or on behalf of a Massage Business is not in possession of valid CAMTC certificate. (7) If the application is denied for failure to comply with division (A)(2) or (3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
(B) All operators and managers shall comply with the following conditions to the operator permit and any other reasonable conditions imposed by the Police Chief:
(1) Prohibited massage areas. Except to the extent required, in writing, by a state-licensed medical practitioner, no massage practitioner shall massage the genitals or anal area of any patron or the breast(s) of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage pursuant to Cal. Business and Professions Code § 4609. No operator or manager, while performing any task or service associated with the massage establishment, shall be

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present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female patron, breast(s), are fully covered. (2) Names. No operator granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.
(3) Manager on premises. The massage establishment shall have a manager on the premises at all times during hours of operation. The operator(s) shall file a statement with the Police Chief designating the person with power to act as a manager. The operator shall also file with the Police Chief a statement, signed and dated by each manager designated after permit issuance, certifying under penalty of perjury that they:
(a) Have received a copy of this chapter;
(b) Understand its contents; and
(c) Understand the duties of a manager as provided in this chapter.
(4) Licensed massage practitioner on premises. During the hours of operation, the massage establishment shall have at least one massage practitioner holding a current valid certificate issued by the CAMTC on the premises and on duty at all times.
(5) Operator/manager responsibility. The operator and on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. An act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator permit shall be revoked, suspended, denied, or renewed.
(6) Certified massage practitioners. The operator or manager shall not employ any person as a massage practitioner who does not have a valid CAMTC certificate. The operator shall report to the Police Chief any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Police Chief. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage practitioner no longer employed by the operator to the Police Chief within five days of employment termination. (7) Insurance. No person shall engage in, conduct, or carry on the business of a massage establishment unless there is on file with the Police Chief, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state evidencing that the operator is insured under a liability insurance policy providing minimum coverage of $500,000 for injury or death arising out of the operation of the massage establishment and/or the administration of a massage.

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Each operator shall provide the Police Chief with evidence of insurance within 45 days prior to the date of issuance of the permit.
(8) Compliance with code. The operator shall comply with all provisions of this chapter and any applicable provisions of the Riverbank Municipal Code.
(9) Inspections and searches. By applying for a permit, the operator consents to the inspection of the massage establishment by the city's Building Department, Police Department, Fire Department, and Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The operator consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in § 119.14(B)(17) which would require the posting of the notice to all patrons. (Ord. 2008-004, passed 3-10-08)
§ 119.09 APPLICATION FOR MASSAGE PRACTITIONER/EMPLOYEE. (A) Any person seeking a massage practitioner permit shall file a written application on the required form with the Chief of Police. The application shall be accompanied by the appropriate non-refundable filing fee established by resolution of the City Council. The application shall be accompanied by the required supporting documentation. The application shall contain the following information:
(1) A statement of the exact location at which the applicant will be working as a massage practitioner, including the full street address and all telephone numbers associated with the location.
(2) The following personal information of the practitioner applicant:
(a) Full complete name and all aliases used by the applicant; (b) Current address and telephone number and all previous residential addresses for the eight years preceding the date of the application; (c) Acceptable written proof that the applicant is at least 18 years of age;
(d) Driver's license and Social Security card;
(e) Height, weight, color of hair and eyes, and gender; (f) Two current "passport" photographs of the applicant, each not exceeding four square inches in size, and being only front views of the face and head; (g) The applicant's business, occupation and employment history of the applicant for the eight years immediately preceding the date of the application, including, but not limited to, massage or similar business history and experience of the applicant;

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(h) The complete massage permit history of the applicant: whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; and whether the permit or license was denied, revoked or suspended, and the reasons therefore. (3) All criminal convictions, including pleas of nolo contendre, within the last eight years, including those dismissed or expunged pursuant to Cal. Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof.
(4) A complete set of livescan as directed by the Police Department. (5) Authorization for the city, its agents and employees to seek verification of the information contained in the application. (6) Such other identification and information as the Police Chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
(7) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
(8) Statements in writing and dated by the applicant certifying under penalty of perjury that he or she:
(a) Has received a copy of this chapter;
(b) Understands its contents; and,
(c) Understands the duties of a massage practitioner as provided in this chapter.
(9) For each person who will be providing massage therapy, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card. For each owner who is a CAMTC certified massage professional, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card.
(a) The Police Chief may consider an applicant's study of massage completed outside of the state if proof of completion from a formalized course of study massage practice, anatomy, and/or physiology is provided with the application.

Proof of completion shall include dates of study and the name, address, and phone number of the school attended, the original diploma or certificate, and certified transcripts of graduation.
(b) Any out-of-state course of study submitted for approval shall meet the State of California's Office of Post-Secondary Education's minimum requirements and be for completion of 500 hours of on-premises training.

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(B) If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change in writing within ten business days thereafter. (Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.10 MASSAGE PRACTITIONER PERMIT ISSUANCE AND DENIAL. (A) Upon receipt of a complete permit application, the Police Chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The Police Chief shall approve, conditionally approve, or deny the application within 60 days of the filing of an application. The 60-day period may be continued for up to 30 additional days, if necessary, to complete the inspection. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The applicant has, within eight years preceding the date of the application, been convicted of any of the following:
(a) A violation of Cal. Penal Code §§ 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), (b), or (d) or that the applicant is required to register under the provisions of Cal. Penal Code § 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of Cal.

Penal Code § 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes; (b) A violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058; (c) Any offense in any other state which is the equivalent of any of the above-mentioned offenses; or
(d) An act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of a massage practitioner.
(2) The applicant has had an operator permit or massage practitioner permit or other similar license or permit denied, suspended, or revoked for cause by a licensing authority or by any city, county or state within eight years prior to the date of the application.
(3) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process. (4) The application does not contain the information required by § 119.07.
(5) The applicant has not satisfied the requirements of this chapter in the time specified.

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(6) If the application is denied for failure to comply with divisions (A)(3) or (4) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
(B) All massage practitioners shall comply with the following conditions and any other reasonable conditions specified by the Police Chief on issuance of the massage practitioner permit.
(1) Prohibited massage areas. Except to the extent required, in writing, by a state-licensed medical practitioner, no massage practitioner shall massage the genitals or anal area of any patron or the breast(s) of any female patron. (2) Covering. No massage practitioner shall massage any patron unless the person's genitals, gluteal crease, anus and, in the case of a female patron, breast(s), are fully covered at all times while the practitioner is present in the same room as the patron.
(3) Identification cards. The massage practitioner shall wear a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to city regulatory officials upon demand. The identification card shall be placed on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Police Chief a new photo identification card and advise the Police Department, in writing, of the new business address. (4) Massage locations. Massage practitioner shall not perform any massage at any location other than the massage establishment specified on the permit. (5) Names. While on duty, the massage practitioner shall not use any name other than that specified on the photo identification card. (6) Clothing. The massage practitioner shall be fully clothed at all times.

Clothing shall be of a fully opaque, non-transparent material and provide complete covering of the genitals, pubic area, buttocks, anal area, and chest. (7) Inspections and searches. The massage practitioner consents to the inspection of the massage establishment by the city's Building Department, Police Department, Fire Department, and Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage practitioner consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in § 119.14(B)(17) which would require the posting of the notice to all patrons.
(8) Continuing education. On an annual basis, the massage practitioner shall complete no fewer than 12 hours of continuing education in the practice of massage from a qualified massage educational program.
(Ord. 2008-004, passed 3-10-08)
§ 119.11 APPLICATION/OPERATION SCHOOL OF MASSAGE.

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Every application for a school of massage shall be accompanied by:
(A) Proof of approval from the CAMTC, pursuant to California Business and Professions Code Section 4600 et seq.;
(B) Proof of approval pursuant to Cal. Education Code §§ 94900 or 94901; (C) A statement of the educational and experience qualifications, and the names and residence addresses of all directors, administrators, and instructors; (D) A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to tardiness and absence grading policy, and rules of operation and conduct;
(E) A school of massage permit shall not be issued for the same location as a massage/bodywork establishment.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.10 APPLICATION, HEALTH CERTIFICATE.

Every application filed by a person shall be accompanied by a certificate, from a physician licensed to practice medicine in the state that the applicant has been tested within the previous 30 days in a manner to be approved by the Health Officer, and has been found to be free of all contagious, infectious, and communicable disease. (Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.12 VERIFICATION.

Every application for a permit under this chapter shall be verified by affidavit, declaration, or certification under penalty of perjury as provided in the California Code of Civil Procedure.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.13 REFERRAL TO OTHER DEPARTMENTS.
(A) Copies of an application for a massage establishment or school of massage permit shall be referred to the Building Inspector, the Fire Marshal, the Health Officer and the Police Chief, who shall review facility plans and inspect the premises proposed to be operated as a massage establishment.
(B) All other applications shall be referred to the Health Officer and the Police Chief for their approval or written recommendations.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08)

REQUIREMENTS AND RESTRICTIONS
§ 119.14 MASSAGE ESTABLISHMENT, GENERALLY.
(A) Facilities.

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(1) Structure. Massage establishments shall be located in a zoning district which permits such use. Prior to a proposed massage establishment being constructed or opened for business, seven sets of plans shall be submitted to the city and the Health Department for approval and shall be accompanied by the appropriate non-refundable facility review plan fee as adopted by city resolution. (2) Signs; display of permits. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator and/or on-duty manager shall display the operator permit in a conspicuous public place in the lobby of the massage establishment. Each operator and/or on-duty manager shall ensure the CAMTC certificate for each massage practitioner employed at the establishment (whether on duty or not) is conspicuously displayed in a public place in the lobby, and that each massage practitioner is wearing the required identification at all times wherein the massage establishment. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and onduty manager, as well as all on-duty massage practitioners. Finally, the hours of operation must be posted in the front window and clearly visible from the outside. (3) Services list. Each operator shall post and maintain a list of available services, in bold letters not less than one inch in height, and the cost of such services in a conspicuous public place within the premises. No massage establishment may offer baths as a service. No operator or on-duty manager shall permit, and no massage practitioner shall offer or perform, any service or activity other than those posted. No sum shall be charged for such massage services greater than that shown on the services list.
(4) Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code.

The lighting in each massage room shall be activated at all times while the patron is in such room or enclosure.
(5) Restroom facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator's option. (6) Separate rooms. If male and female patrons are to be treated simultaneously, separate massage rooms shall be provided for male and female patrons.
(7) Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation All walls, floors, and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.

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(8) Massage table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table, with the exception of “Thai,” “shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. The tables should have a minimum height of 18 inches. Two-inch thick foam pads with maximum width of four feet may be used on a massage table and shall be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds are not permitted on the premises. (9) Handicapped areas. Massage establishments shall comply with all state and federal laws and regulations for handicapped customers. (10) Doors. All front, reception, hallway, or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Uniform Fire Code) which allow for safety doors which may be opened from the inside when locked. Massage establishment may lock its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors pursuant to Gov. Code 51034 (c)(6).

No massage may be given within any cubicle, room, enclosure, or any area within a massage establishment which is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar, or similar device), unless the only door is an exterior door. All interior doors leading into massage rooms shall have unobstructed windows.
(B) Operations.
(1) Equipment. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
(2) Inspections. The operator and/or on-duty manager consents to the inspection of the massage establishment by the city's Building Department, Police Department, and the Fire Department and Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.
(a) The city's Building Department, Police Department, Fire Department, and Health Department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice six times a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Police Chief. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in division (B)(17) of this section which would require the posting of the notice to all patrons. During an inspection, the Police Department may verify the identity of all on-duty employees.

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(b) Inspections of the massage establishment shall be conducted during business hours.
(c) An operator or his or her agent, servant, or employee commits an offense if he or she refuses to permit, impedes, or interferes with a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(3) Clothing. All persons employed in the massage establishment shall be fully clothed at all times while present at the massage establishment. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering of the genitals, pubic area, buttocks, anal area, and chest. (4) Roster of employees. The operator and/or on-duty manager shall maintain a register of all employees showing the full legal name, nicknames, and aliases used by the employee, residential address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two years following termination. Operators shall maintain a register of all therapists for review by local authorities that demonstrates all therapists providing massage services are CAMTC certified. The operator and/or on-duty manager shall make the register of employees available immediately for inspection upon demand of representatives of the Police Department, City Code Enforcement, or County Health Officer at all reasonable times. (5) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels or linen. (6) Living prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Stanislaus. No mattresses or other bedding are allowed in the massage establishment or school of massage.
(7) Sleeping prohibited. No massage establishment or school of massage, whether or not located in any building originally constructed for residential or sleeping purposes, shall be used for residential or sleeping purposes. (8) Alcoholic beverages/drugs. No person shall enter, be in or remain in any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The operator and on-duty manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted.
(9) Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video

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recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron and the written permission of the Police Department.
(10) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned.
(11) Records or treatment. The operator shall keep a record of the dates and hours of each treatment or service, the first and last name and address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the patron to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage.

These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor. (12) Advertising. No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body or employs text that would reasonably suggest to prospective patrons that any service is available other than those services authorized by this chapter. No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any obscene advertising matter. It shall be unlawful to falsely state or advertise, or put out any sign or card or other device, or falsely represent to the public through any print or electronic media, that any person who is employed or retained to perform massage therapy for compensation is a CAMTC certified massage professional by use of the title "licensed," "certified," certified massage practitioner (CMP) or certified massage therapist (CMT), or the use of any other term that implies or suggests that the person is currently a CAMTC certified massage professional. It shall be unlawful to fail to include the legal name under which any massage professional is certified and his or her CAMTC certificate number in any advertising of massage therapy for compensation. For the purposes of this section, pseudonyms are not sufficient. It shall be unlawful to publish or distribute any advertising matter or business identification card through any print or electronic media that are classified as for adults only or similar classification. It shall be unlawful to publish or distribute any advertising matter or business identification card that is sexually suggestive or that would reasonably suggest that any service is available other than a massage as defined in this chapter.

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(13) Access. No person(s) other than CAMTC certificate holders, permitted operators under this chapter and customers will be allowed anywhere in the massage establishment other than the lobby/reception area during hours of operation.

Entry doors to any room shall not be obstructed by any means. (14) Sexual paraphernalia. Instruments, devices or paraphernalia that are designed for use in connection with sexual activities, including, but not limited to, condoms, shall not be permitted within a massage establishment. (15) Compliance. Massage establishments shall comply with all applicable provisions of the Riverbank Municipal Code and Cal. Business and Professions Code § 4600 et sq.
(16) Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap, or any other classification protected under federal or state laws, rules or regulations. (17) Notices. The Police Chief may require the notice below be posted in all massage rooms on premise to ensure patrons are aware of the possibility of an inspection, in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in §§ 119.08 and 119.10.

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT

PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE RIVERBANK POLICE SERVICES WITHOUT PRIOR NOTICE.

(a) The notice set forth above shall be prepared and issued by the Police Chief.
(b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for 12 months following the violation of any of the offenses set forth above.
(c) The requirement for posting the notice described in this division (17) is cumulative and in addition to all other remedies, violations and penalties set forth in this chapter or in the ordinances, laws, rules or regulations of the city, County of Stanislaus, and the State of California.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.15 MASSAGE ESTABLISHMENT HOURS.

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No person shall conduct or operate a massage establishment or service between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.16 CHANGES OF BUSINESS.
(A) Every massage establishment operator shall report immediately to the Police Department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than 5% of the stock of the corporation, officers, directors and partners, any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Police Chief, provided there is compliance with all applicable regulations of the city.
(B) No massage practitioner permit or operator permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void.
(C) If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Police Chief, shall be placed in the name of the surviving partners.
(D) Upon the death or incapacity of a permittee, the massage establishment may continue in business for a reasonable period of time, not to exceed 30 days, to allow for an orderly application of a new permit.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.17 TRANSFER AND RENEWAL OF PERMITS.
(A) No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage practitioner permit will be allowed upon prior written notice to the Police Chief and payment of the appropriate transfer fee.
(B) Renewal applications shall include such information as may be required by the Police Chief to update the information contained in the original permit application.

For renewal of massage practitioners permits, the permittee shall produce evidence of satisfaction of the continuing education requirement as provided by § 119.10(B)(8). The applicant shall accompany the application for renewal with the appropriate filing fee. (C) Permits for operators and employees shall be renewed on a year-to-year basis, provided, that the permittee continues to meet the requirements set out in this chapter.

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(D) Applications for permit renewal shall be filed with the Police Chief before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit.
(Ord. 2008-004, passed 3-10-08)
§ 119.18 EXEMPTIONS.
(A) The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows:
state-licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state-licensed physician, surgeon, chiropractor, or osteopath.

Practical nurses or other persons without qualifications as massage practitioners whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massage or massage procedures.
(B) Students enrolled at a recognized school of massage; provided that such students perform massage therapy only under the direct personal supervision of an instructor who holds a valid CAMTC certificate as part of the curriculum. (C) Commencing on the effective date of this chapter, all permits shall be issued in accordance with the provisions of this chapter.
(D) An applicant for a reflexology exemption from this chapter that does not hold themselves out to be a massage therapist, or do massage, massage therapy, or other bodywork practices where licensing is required, shall present evidence of the following minimum qualifications to the Chief of Police:
(1) Each applicant must be an individual, individually licensed and insured;
(2) Be 18 years of age or older;
(3) Provide a copy of a certificate of attendance from a reflexology program that meets industry standards of 100 hours of education taught by an educator recognized by the National Council for Reflexology Educators (NCRE) as a national board-certified reflexology educator; or
(4) Evidence of satisfactory passage of the American Reflexology Certification Board (ARCB) examination or another psychometrically valid reflexology exam; or
(5) Evidence of membership in good standing in the California state professional association—The Reflexology Association of California or its successor—that requires its members adhere to a code of ethics;
(6) Possession of practitioner liability insurance coverage in the minimum amount of one million dollars ($1,000,000.00);
(7) Provide a passport size photo I.D. with the application;

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(8) If an applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.
(9) Provides background check and Live Scan finger printing; and (10) Meets all appropriate zoning ordinances when conducting a homebased business. (E) Existing operator and massage practitioner permits shall continue in effect until expiration. All existing permit holders shall have an additional 24-months from the effective date of this chapter to meet and comply with the 500-hour training requirement. (E) A bona fide nonprofit club or organization or its employees shall be required to obtain a permit, and must conform to all applicable city building, health, fire, and zoning laws and regulations.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.19 SUSPENSION, REVOCATION, DENIAL AND APPEAL.
(A) Violation and noncompliance. The Police Chief may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section. (B) Revocation and suspension of operator permit.
(1) The Police Chief may revoke or refuse to renew a permit if he or she makes any of the findings for denial of a permit under § 119.08(A), finds violation(s) of § 119.08(B)(1) or (B)(6), upon any subsequent violation of any provision within one year following prior suspension under division (B)(2) of this section or upon demonstrated inability to operate or manage the massage establishment in a law-abiding manner, thus necessitating action by law enforcement officers.
(2) The Police Chief may suspend a permit for a period of 30 days for each violation of § 119.08(B) not listed above, or § 119.15. (C) Revocation and suspension of massage practitioner permit. (1) The Police Chief may revoke or refuse to renew a massage practitioner permit if he or she makes any of the findings for denial of a permit under § 119.10(A), finds violation(s) of § 119.10(B)(1), (B)(2), or (B)(6), or upon any subsequent violation of any provision of this chapter within one year following a suspension under division (C)(2) of this section;
(2) The Police Chief may suspend a massage practitioner permit for a period of 30 days for each violation of § 119.10(B) not listed above, or § 119.15. (D) Notice. When the Police Chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the

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business or residential address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, and the right of the applicant or permit holder to appeal the decision to the City Council, and that the decision will be final if no appeal is filed within the time permitted. (E) Appeal.
(1) The right to appeal shall terminate upon the expiration of 15 days from the date of mailing of the notice. The notice of appeal shall be filed with the Police Department, along with the payment of any hearing fee which may be established by City Council resolution. Any hearing fee shall not exceed the reasonable cost to the city of a hearing.
(2) In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.
(3) The City Manager shall appoint a neutral hearing officer in consultation with the appellant to conduct the hearing, receive relevant evidence and render a decision. The decision of the hearing officer shall be final. The appellant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
(4) Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by U.S. mail, with proof of service attached, to the address listed on the application, or the address given in the notice of appeal, if different.
(5) The following rules and evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation.

The hearing officer shall have authority to administer oaths and to receive and rule on admissibility of evidence;
(b) Each party shall have the right to call and examine witnesses, introduce exhibits and cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness; (c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions.

Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless the testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now or are

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hereafter permitted in civil actions. Irrelevant collateral and undue and repetitious testimony shall be excluded.
(F) No permit granted herein shall confer any vested right to any person or business for more than the permit period. All operators, managers and massage practitioner subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.
(Ord. 2008-004, passed 3-10-08)
§ 119.20 ATTORNEY'S FEES AND COSTS.
(A) In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance or to enjoin violation of any provision of this chapter, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(B) The city shall be considered a prevailing party entitled to attorneys' fees under division (A) of this section when it can demonstrate that:
(1) Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
(2) The lawsuit was meritorious and achieved its result by "threat of victory"; and
(3) The city reasonably attempted to settle the litigation before filing the lawsuit.
(Ord. 2008-004, passed 3-10-08)
§ 119.21 PERSONS EMPLOYED UNDER AGE 18 NOT PERMITTED.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment or school of massage to employ any person who is not at least 18 years of age.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.22 PERSONS EMPLOYED WITHOUT PERMITS NOT ALLOWED.
(A) It shall be the responsibility of the owner, operator, manager or permittee in charge of a massage establishment or school of massage, to ensure that each person employed shall first have obtained a valid CAMTC certificate. (B) If knowingly employing any person who is not in possession of a valid, unrevoked permit, or allowing such a person to work or practice within such a place of business, the owner, operator, manager or permittee shall be in violation of this section.

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(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.23 ON-SITE THERAPY AND OUT-CALL MASSAGE.
(A) No person shall perform or administer massage or bodywork techniques as either on-site or out-call massage/bodywork, as those terms are defined herein, for money or other consideration, for compensation without possessing a CAMTC certificate, a permit issued by the Police Chief in accordance with this section and a valid City Business License. without obtaining a massage/bodywork practitioner permit pursuant to the provisions of this chapter, and in conjunction with a valid city business license.
(B) Out-call massage/bodywork shall not be performed unless authorized in writing by a physician, surgeon, chiropractor, or osteopath duly licensed to practice in the state.
(C) Out-call massage and on-site therapy shall be conducted between the hours of 8:00 a.m. and 8:00 p.m.
(D) Out-call massage or on-site therapy shall not be conducted in the following locations:
(1) A hotel/motel room or any other similar location used primarily for transitory habitation purposes.
(2) The residence of the out-call or on-site massage/bodywork practitioner.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08) § 119.24 VIOLATION AND PENALTY.
(A) It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises, the business of massage/bodywork, or to render or permit to be rendered massage or bodywork services at a location removed from a massage/bodywork business, in the absence of a permit issued pursuant to the provisions set forth in this chapter.
(B) Any massage/bodywork business operated, conducted or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance; and the City Attorney may, at his or her discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law. (C) A violation of any of the provisions of this chapter, or failure to comply with any of its mandatory requirements, shall constitute a misdemeanor; except that, notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this chapter may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.

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(D) (1) Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. (2) Any infraction prosecuted under the provisions of this chapter shall be made punishable by a fine not to exceed $500.
(E) Each person shall be charged with a separate offense for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall, upon conviction, be punished accordingly. (F) Pursuant to the City Attorney's prosecutorial discretion, the city may enforce violations of this chapter as criminal, civil and/or administrative violations utilizing administrative remedies.
(G) It is the duty of the Police Chief to enforce rules and regulations in accordance with this chapter.

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

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4: This Ordinance shall become effective thirty (30) days from and after its final passage (00/00/00), provided it is published pursuant to GC § 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.

The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on August 27, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the 27 day of August, 2024; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council _____ vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

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ATTEST: APPROVED:
_________________________ __________________________
Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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Item 11.1 – CC/LRA 08/27/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: August 27, 2024
Subject: A Resolution of the City Council of the City of Riverbank, California, to Approve the First Amendment to the Subdivision Improvement Agreement for Countryside III with McRoy-Wilbur Communities and Authorizing the City Manager to Execute the Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council consider the attached resolution approving the First Amendment to the Subdivision Improvement Agreement with McRoy Wilbur Communities for Countryside III and directing the City Manager to execute the agreement.

SUMMARY
On November 21, 2023, the Planning Commission adopted Resolution No. 2023-012, approving Vesting Tentative Map 04-2023 and related conditions of approval which set forth the infrastructure obligations and conditions related to the site development and build out of approximately 22 residential lots on 4.56 acres (see Attachment 1 – Countryside III - Approved Tentative Map).

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 and utilities, and/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, storm drain infrastructure, 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, 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.

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Item 11.1 – CC/LRA 08/27/2024
McRoy-Wilbur Communities previously entered into a Subdivision Improvement Agreement, adopted by the City Council on June 28, 2022 by Resolution 2022-095 (see Attachment 2 – Countryside III - Subdivision Improvement Agreement). At the time it was anticipated that McRoy-Wilbur Communities would complete all necessary improvements and once work was completed would file their Final Map. However, McRoy-Wilbur Communities is now requesting the Council consider approving their request to amend the Subdivision Improvement Agreement and ultimately allow for the Final Map to be filed prior to all improvements being constructed.

Attachment 3 - Exhibit A contains the draft First Amendment to the 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 Countryside III. Approval of this document will ultimately allow the developer to request Final Map consideration by Council at a future hearing date along with providing bonds/securities for any unfinished improvements.

The estimated cost of the required infrastructure improvements for Countryside III are approximately $1,058,833.16. 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.

FINANCIAL IMPACT
There is no direct financial impact as a result of amending the Subdivision Improvement Agreement. However, approval of the First Amendment to the Subdivision Improvement Agreement will allow the review and approval of the Final Map and facilitate the development of single-family residential units and associated amenities.

ATTACHMENTS

1. Countryside III - Approved Tentative Map

2. Countryside III - Subdivision Improvement Agreement

3. Draft City Council Resolution 2024 -
Exhibit A – First Amendment to the Subdivision Improvement Agreement between the City of Riverbank and McRoy Wilbur Communities for Countryside III – without attachments

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CC/LRA – 08/27/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

APPROVING THE FIRST AMENDMENT TO

THE SUBDIVISION IMPROVEMENT AGREEMENT FOR COUNTRYSIDE III WITH

MCROY WILBUR COMMUNITIES 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, McRoy Wilbur Communities is the property owner of Countryside III, a proposed 22 lot subdivision on approximately 4.56 acres; and WHEREAS, on November 21, 2023, the Planning Commission adopted Resolution No. 2023-012 to approve Tentative Subdivision Map 04-2023 and related conditions of approval, which set forth the infrastructure obligations and conditions of approval related to the site development and build out of 22 residential lots on 4.56 acres; and
WHEREAS, significant infrastructure improvements are needed in order to serve the area for future growth; and
WHEREAS, McRoy Wilbur Communities will be the builder for Countryside III; and WHEREAS, McRoy-Wilbur Communities previously entered into a Subdivision Improvement Agreement, adopted by the City Council on June 28, 2022 by Resolution 2022-095, requiring all improvements to be constructed prior to filing a Final Map; 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 First Amendment to the Subdivision Improvement Agreement has been developed in cooperation with McRoy Wilbur Communities 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 First Amendment to the Subdivision Improvement Agreement as presented (Exhibit A); and

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2. The City Council directs the City Manager to execute the attached Subdivision Improvement Agreement subject to verification and receipt of the securities 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 27
th day of August, 2024; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
Attachment: Exhibit A – First Amendment to the Subdivision Improvement Agreement
{CW139814.4}

FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT City of Riverbank & Countryside III

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FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COUNTRYSIDE III SUBDIVISION (APN 062-022-020)
This FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“First Amendment”) is made and entered into this ___ day of _______, 2024, by and between the City of Riverbank, a California municipal corporation (“City”) and McRoy-Wilbur Communities, Inc., a California Corporation (“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 First Amendment. This First Amendment is made with reference to the following:

RECITALS
A. Subdivider is possessed of a tract of land consisting of approximately 4.56 gross acres, lying in the City of Riverbank, County of Stanislaus, California, known as “Countryside III” (Subdivision No. 062-022-020) (“Subdivision”).

B. On September 14, 2021, the City Council of the City of Riverbank adopted Resolution 2021-083 (“Resolution of Approval”) approving Vesting Tentative Subdivision Map 03-2020 and related conditions of approval (the “Tentative Map”), which set forth the infrastructure obligations and conditions related to the development and build out of 22 residential lots and a basin on 4.56 gross acres (“Project”).

C. The 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.

D. On June 28, 2022, City and Subdivider entered into a Subdivision Improvement Agreement (“Subdivision Improvement Agreement”) that included complete improvement plans for the construction, installation, and completion of the Project, attached hereto as Exhibit A and incorporated by this reference.

E. Subdivider and City desire to enter into this First Amendment, to provide securities related to the improvements being installed for the Subdivision and to allow for any necessary update to the improvement plans to meet current City building requirements.

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)
{CW139814.4}

FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT City of Riverbank & Countryside III

Page 2 ends

F. On ________________, 20____ the City Council adopted a resolution authorizing the City to enter into this First Amendment with Subdivider.

NOW, THEREFORE, in consideration of the mutual covenants and benefits that accrue to each, 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 First Amendment. In the event of any inconsistency between the Recitals and Sections 1 through 19 of this First Amendment, Sections 1 through 19 shall prevail.

2. Effect of Subdivision Improvement Agreement. Except as otherwise provided herein, all provisions, defined terms, and obligations provided in the Subdivision Improvement Agreement remain in full force and effect. The Parties agree that they continue to be bound by all terms of the Subdivision Improvement Agreement except as modified by this First Amendment.

All capitalized terms used in this First Amendment which are not otherwise defined in this First Amendment shall have the meanings given to such terms in the Subdivision Improvement Agreement.

3. Definitions. The Subdivision Improvement Agreement together with this First Amendment collectively make and are defined together as the “Agreement.” All other defined terms used herein shall incorporate definitions used in the Subdivision Improvement Agreement, unless otherwise defined in this First Amendment. In the event of any inconsistency between any defined term in the Subdivision Improvement Agreement and this First Amendment, the defined term in this First Amendment shall control.

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

5. Amendment to Section 4. Installation of Requirement Improvements. Section 4 of the Subdivision Improvement Agreement is replaced in its entirety by the following language:

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.

6. Amendment to Section 5. Subdivider’s Obligations. Section 5 of the Subdivision Improvement Agreement is replaced in its entirety by the following language:
{CW139814.4}

FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT City of Riverbank & Countryside III

Page 3 ends

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 First Amendment, 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.

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 {CW139814.4}

FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT City of Riverbank & Countryside III

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City Council / Local Redevelopment Authority / Public Financing AuthorityAugust 27, 2024

City Council / Local Redevelopment Authority / Public Financing Authority
August 27, 2024