Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, October 8, 2024

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 5
AGEND

AMENDED AGENDA
(ADDED ITEM 11.3)
TUESDAY, OCTOBER 8, 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 – Code Enforcement Officer Appreciation Week- It is recommended that City Council present a proclamation for Code Enforcement Officer Appreciation week to Neighborhood Improvement Officer II, Patrick McCulloch and Senior Neighborhood Improvement Officer, Eric White.

Item 7.2 Proclamation- October 2024 – Fire Prevention Month- It is recommended that the City Council read and present the proclamation for Fire Prevention Month to Ciera Sansing, Fire Inspector and Battalion Chief, Scott Burke with Stanislaus Consolidated Fire Protection District.

Item 7.3 Proclamation – Walk and Roll to School Day – October 9, 2024- It is recommended that the City Council read and present a Proclamation for Walk and Roll to School Day to Armando Nunez, Program/Grant Manager for CASA Del Rio Family Resource Center.

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
District 3 - VACANT
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda October 8, 2024 Next City Council Resolution: 2024-093 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-003 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 5
Item 7.4 Proclamation – Lights on Afterschool – October 18, 2024- It is recommended that the City Council read and present the Proclamation for Lights on Afterschool to Armando Nunez, Program/Grant Manager for CASA Del Rio Family Resource Center.

Item 7.5 Recognition – Vice Mayor District 3, Leanne Jones Cruz- It is recommended that the Riverbank City Council recognize Vice Mayor District 3 Leanne Jones Cruz for her dedication and public service to the City of Riverbank.

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

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 September 24, 2024.

Item 9.3 Resolution of the City Council of the City of Riverbank Declaring Certain Property Surplus as Listed in Exhibit A and Authorizing Its Disposition Item 9.4 Resolution Approving a Voluntary Contribution Agreement for Participation in the Eastern San Joaquin Basin Nitrate Control Program Management Zone with Valley Water Collaborative for a not-to-exceed amount of $10,000.00 annually.

10. PUBLIC HEARING
Public Notices for Item 10.1 & Item 10.2 were published on 9/25/2024 in the Riverbank News.

Item 10.1 Resolution to Consider Approval of the Request for an Exception to Allow for Flag Lot Configuration and Vesting Tentative Parcel Map 01-2024 Located at 2842 Turpin Avenue (APN 132-062-003). – It is recommended City Council adopt one resolution to approve a request of Mr. Jorge and Consuelo Alcala for an Exception to allow for a flag lot configuration and to subdivide the subject parcel based on the General Plan and Zoning Consistency findings.

City Council and LRA Board Meetings Agenda October 8, 2024 Next City Council Resolution: 2024-093 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-003 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 5
Item 10.2 Resolutions to Consider Approval of (1) General Plan Amendment 01-2024, (2) Tentative Subdivision Map 01-2024, and (3) Architectural and Site Plan Review 06-2024 and the First Reading by Title Only and Introduction of an Ordinance Approving the Rezone 01-2024 5.9 Acres to Planned Development Located at 6448 Claus Road (APN 062-039-048) for the Heritage II Subdivision- Adopt three resolutions and one ordinance approving the request of Summerfaire Commerce Center LLC. for a General Plan Amendment, Rezone, Vesting Tentative Subdivision Map, and Architecture and Site Plan Review to create fortyseven (47) single family residential lots in the proposed Heritage II subdivision. The property is located at 6448 Claus Road (APN 062-039-048).

11. NEW BUSINESS
Item 11.1 Resolution Authorizing an Amendment to the American Rescue Plan Act Spending Plan- It is recommended that the City Council receive an update regarding the ARPA Spending Plan Projects and provide direction to staff on possible amendments.

Item 11.2 Consideration of the 2024 Cal Cities Annual Conference Resolution- It is recommended that the City Council provide direction to the Voting Delegates for the 2024 Cal Cities Conference General Assembly on the proposed resolution.

Item 11.3 Nomination and Appointment of the Vice Mayor to Serve for the Remainder of the 2024 Calendar Year- With the resignation of the 2024 Vice Mayor, Councilmember District 3 Jones Cruz, the position became vacant. It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the remainder of the year 2024 and, by roll call vote, the City Council shall approve the Appointment.

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
City Council and LRA Board Meetings Agenda October 8, 2024 Next City Council Resolution: 2024-093 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-003 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 5
Item 13.1 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Janet Vaughn
Agency Claimed Against: City of Riverbank
Item 13.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association and Riverbank Miscellaneous Employees

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

LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Janet Vaughn
Agency Claimed Against: City of Riverbank
Item 14.2 Report from Closed Session Item 13.2

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association and Riverbank Miscellaneous Employees

15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, October 22, 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.

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

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

Posted this 4th Day of October 2024
/s/Gabriela Hernandez, CMC, City Clerk

Page 5 of 5 ends

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 5:00 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/81919851872 Join by accessing website: https://zoom.us/join , enter Webinar ID: 819 1985 1872 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 819 1985 1872 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

Page 1 of 1 ends

Item 7.1– CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: October 8, 2024
Subject: Presentation – Code Enforcement Officer Appreciation Week From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that City Council present a proclamation for Code Enforcement Officer Appreciation week to Neighborhood Improvement Officer II, Patrick McCulloch and Senior Neighborhood Improvement Officer, Eric White.

SUMMARY:

The State of California has proclaimed the second week of October as Code Enforcement Officer Appreciation Week. Code Enforcement Officers, or Neighborhood Improvement Officers as they are known in Riverbank, provide for the safety, health, and welfare of citizens through the enforcement of local, state, and federal laws and ordinances dealing with the various issues of building, zoning, housing, animal control, environmental, health, and life safety. In the City of Riverbank, they work on a complaint-only basis.

We take this opportunity to thank our Neighborhood Improvement Officers, Eric White and Patrick McCulloch, for their service to our community.

FINANCIAL IMPACT:

No financial impact.

ATTACHMENT:

1. Proclamation

CITY OF RIVERBANK
Proclamation

NATIONAL CODE ENFORCEMENT OFFICER

APPRECIATION WEEK
WHEREAS, the State of California has proclaimed the 2nd week of October as Code Enforcement Officer Appreciation Week; and
WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of Riverbank citizens through the enforcement of local, state, and federal laws and ordinances dealing with various issues of building, zoning, housing, animal control, environmental, health, and life safety; and
WHEREAS, Code Enforcement Officers have challenging and demanding roles and often do not receive recognition for the job they do in improving the quality of life for residents and businesses of local communities; and
WHEREAS, the role of many Code Enforcement Officers has expanded in recent years with jurisdictions increasingly relying on the expertise and training of Code Enforcement Officers in their communities; and
WHEREAS, Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws; and
WHEREAS, Code Enforcement Officers often have a highly visible role in Riverbank and regularly interact with the public and a variety of federal, state, county, and local officials in their capacity as code enforcement officers; and
WHEREAS, The City of Riverbank wants to recognize and honor the Code Enforcement Officers that serve our community and acknowledge their role in leading the way to improve quality of life within our community.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Riverbank hereby proclaims the second week of October in 2024, and annually thereafter, be known as Code Enforcement Officer Appreciation Week in the City of Riverbank; and BE IT FURTHER RESOLVED, that the City Council calls upon Riverbank residents to join in recognizing and expressing their appreciation for the dedication and service by the Neighborhood Improvement Officers who serve as our Code Enforcement Officers.

October 8, 2024 _____________________________
Richard D. O’Brien, Mayor
Riverbank City Council:

District 1 – Luis Uribe, District 2 – Rachel Hernandez, District 4 – Darlene Barber-Martinez, Mayor Richard D. O’Brien
ATTACHMENT 1

Page 1 of 1 ends

Item 7.2 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: October 8, 2024
Subject: Proclamation- October 2024 – Fire Prevention Month From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read and present the proclamation for Fire Prevention Month to Fire Inspector Ciera Sansing and Battalion Chief Scott Burke with Stanislaus Consolidated Fire Protection District.

SUMMARY
October is Fire Prevention Month. The goal of Fire Prevention Month is to raise fire safety awareness and help protect homes and families. Every year, the National Fire Protection Association (NFPA) has a theme with this year’s theme being “Smoke Alarms: Make them work for you!”. They focus on the importance of working smoke alarms. Without working smoke alarms, they can’t help you know to get out of a fire.

BACKGROUND
Fire Prevention Week marks the anniversary of the Great Chicago fire of October 8-9, 1871. The blaze that raged for several days claimed more than 250 lives and destroyed more than 17,400 structures. Later major fire tragedies like the Great Chicago Fire prompted the Chicago Firemen to request a much-needed reform by focusing public attention on fire prevention and fire safety. Fire Prevention Month began as Fire Prevention Day in 1911 and President Calvin Coolidge declared Fire Protection Week in 1925.

FINANCIAL IMPACT
No financial impact.

ATTACHMENTS

1. Proclamation
WHEREAS, the City of Riverbank is committed to ensuring the safety of all those living in and visiting Riverbank; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at the greatest risk from fire; and
WHEREAS, Riverbank’s first responders are dedicated to
reducing the occurrence of homes fires and home fire injuries through prevention education; and
WHEREAS, according to the National Fire Protection Association (NFPA) roughly 3 out of 5 fire-related fatalities happen in homes with no or non-working smoke alarms; and
WHEREAS, the 2024 NFPA theme is “Smoke Alarms: Make them work for YOU!” The City of Riverbank works to educate its citizens about actions they can take to keep themselves and those around them safe from home fires; and
WHEREAS, smoke alarms should be installed in each bedroom, hallway, and on each level of the home. Test alarms regularly and replace every 10 years.

IT IS FURTHER PROCLAIMED AND ORDERED, that the City of
Riverbank City Council takes great pleasure in congratulating and commending Riverbank’s’ first responders for their service to the Riverbank community.

NOW, THEREFORE, I, Richard O’Brien, Mayor of the City of Riverbank, do hereby recognize October as Fire Prevention Month in the City of Riverbank.

October 8, 2024

CITY OF RIVERBANK
Proclamation

FIRE PREVENTION MONTH
OCTOBER 2024
____________________________
Richard D. O’Brien, Mayor
Riverbank City Council:

District 1 – Luis Uribe, District 2 – Rachel Hernandez, District 4 – Darlene Barber-Martinez, Mayor Richard D. O’Brien
ATTACHMENT 1

Page 1 of 2 ends

Item 7.3 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO: 7.3
SECTION 7: PRESENTATIONS
Meeting Date: October 8, 2024
Subject: Proclamation – Walk and Roll to School Day – October 9, 2024 From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read and present a Proclamation for Walk and Roll to School Day to Armando Nunez, Program/Grant Manager for CASA Del Rio Family Resource Center.

SUMMARY
Walk and Roll to School Day was organized by the Partnership for a Walkable America in 1997 and originated as a one-day event to exhibit the importance for communities to become more walkable. Every October, millions of children from countries around the world participate in this event to raise not only local community awareness; but also, global attention to walking or rolling safety and promoting healthy behavior.

There are many benefits associated with walking or rolling to school and it is an enjoyable activity that all ages can partake in. Walking and rolling provides exercise at the beginning of the day which may encourage additional healthy habits throughout the day. Walking and rolling to school gives children the opportunity to learn about safety as they obey traffic laws at crosswalks and signals. A stronger sense of community can be formed as students, families, neighbors, school officials, and community officials take pride in their communities and the conditions of their sidewalks and pathways. Additionally, less vehicles on the roadways helps to reduce traffic, emissions, and air pollution.

BACKGROUND
On Wednesday, October 9, 2024, students in Riverbank will join over 50 countries around the world to recognize the importance in walking and rolling to school. By partaking in Walk and Roll to School Day, each step taken is one step closer to a cleaner and healthier

Page 2 of 2 ends

Item 7.3 – CC/LRA 10/08/2024
lifestyle. California Avenue Elementary School will participate with their event on October 9th at 7:15 am starting at the parking lot at Castleburg Park.

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENT

1. Proclamation

2. Flyer
WHEREAS, the City of Riverbank deems the health and safety of its students as a primary concern; and
WHEREAS, the lives of hundreds of children could be saved each year if communities took steps to make pedestrian safety a priority; and WHEREAS, a lack of physical activity plays a leading role in rising rates of obesity, diabetes, and other health problems among children and being able to walk or bicycle to school offers an opportunity to build activity into daily routine; and WHEREAS, driving students to school by private vehicle contributes to traffic congestion and air pollution; and
WHEREAS, an important role for parents and the community is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day and the health and environmental risks related to physical inactivity and air pollution; and WHEREAS, children, parents and community leaders around the world are joining together to walk and roll to school and evaluate walking and bicycling conditions in their communities.

NOW, THEREFORE, the City Council of the City of Riverbank hereby proclaims Wednesday, October 9, 2024 as Walk and Roll to School Day throughout the City of Riverbank, and as such, encourages everyone to promote the safety and health of children today and every day.

October 8, 2024
_________________________
Richard D. O’Brien
Mayor

CITY OF RIVERBANK
Proclamation

WALK & ROLL TO SCHOOL DAY
OCTOBER 9TH, 2024
Riverbank City Council:

District 1 – Luis Uribe, District 2 – Rachel Hernandez, District 4 – Darlene Barber-Martinez, Mayor Richard D. O’Brien
ATTACHMENT 1

Page 1 of 1 ends

Item 7.4– CC/LRA – 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.4
SECTION 7: PRESENTATIONS
Meeting Date: October 8, 2024
Subject: Proclamation – Lights On Afterschool – October 18, 2024 From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read and present the Proclamation for Lights On Afterschool to Armando Nunez, Program/Grant Manager for CASA Del Rio Family Resource Center.

SUMMARY
Afterschool programs offer many extracurricular opportunities for student enrichment including science, arts, physical activity, and community service. In addition, afterschool programs provide a safe and nurturing environment for students to remain in, while awaiting parents or caregivers to come pick them up at the end of the day.

BACKGROUND
In the month of October, communities nationwide observe Lights On Afterschool to acknowledge the importance of afterschool programs for students. On Friday, October 18, 2024, Riverbank Project A.C.T.I.O.N. Afterschool Care Together In Our Neighborhoods will be participating in the Annual Lights On Afterschool event. This a free event for the Riverbank Community and will be held at California Avenue Elementary School, 3800 California Avenue, from 3:00 – 6:00 p.m.

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENT

1. Proclamation

2. Flyer
WHEREAS, Lights On Afterschool is a national celebration of Afterschool Programs and promotes the importance of quality Afterschool Programs in the lives of children, families, and communities; and WHEREAS, Afterschool Programs provide safe, challenging, engaging, and enriching learning experiences to help children and youth develop their social, emotional, physical, cultural, and academic skills; and WHEREAS, Afterschool Programs support working families by ensuring children are safe and productive after the regular school day ends; and
WHEREAS, such programs help build stronger communities by involving students, parents, schools, business leaders, and adult volunteers in the lives of young people, thereby promoting positive relationships among youth, families, and adults; and
WHEREAS, Riverbank Unified School District, Project ACTION, Afterschool Care Together In Our Neighborhoods, is recognized in our schools and community as a fundamental Afterschool Program dedicated to providing extracurricular academic and recreational opportunities for student enrichment in a safe and nurturing environment so students may become diverse individuals.

NOW, THEREFORE, LET IT BE PROCLAIMED by the City Council of the City of Riverbank that Friday, October 18, 2024, is “Lights On Afterschool” within the City of Riverbank.

October 8, 2024
________________________
Richard D. O’Brien
Mayor

CITY OF RIVERBANK
Proclamation

LIGHTS ON AFTERSCHOOL
Riverbank City Council:

District 1 – Luis Uribe, District 2 – Rachel Hernandez, District 4 – Darlene Barber-Martinez, Mayor Richard D. O’Brien
ATTACHMENT 1
Games - Food - Activities
Music - Resource Booths - Giveaways

JOIN US FOR

RIVERBANK UNIFIED & EXPANDED LEARNING
“LIGHTS ON”

CALIFORNIA AVENUE ELEMENTARY
3800 California Ave, Riverbank, CA 95367
Friday, October 18, 2024 | 3PM - 6PM
The Lights On event is a National Annual event for families to celebrate their local After School Programs.

Prepare for an afternoon filled with fun, games, music & excitement.

After School Celebration

FOR MORE INFORMATION CALL
CASA DEL RIO, FRC 209-869-0468
ATTACHMENT 2
Juegos - Comida - Actividades
Musica - Puestos de Recursos - Premios
Juegos - Comida - Actividades
Musica - Puestos de Recursos - Premios

EL DISTRITO ESCOLAR DE RIVERBANK Y

EL PROGRMA DE APRENDIZAJE AMPLIADO

PRESENTAN
Celebracion Despues de Escuela
“LIGHTS ON”

ESCUELA PRIMARIA CALIFORNIA AVE
3800 California Ave, Riverbank, CA 95367
Viernes, 18 de Octubre, 2024 | 3PM - 6PM
El evento “Lights On” es un evento anual nacional para que las familias celebren sus programas locales después de escuela.

Prepárate para una tarde llena de diversión, juegos, música y emoción.

PARA MAS INFORMACIÓN LLAME A
CASA DEL RIO, FRC 209-869-0468

Page 1 of 1 ends

Item 7.5 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.5
SECTION 7: PRESENTATIONS
Meeting Date: October 8, 2024
Subject: Recognition – Vice Mayor District 3, Leanne Jones Cruz From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the Riverbank City Council recognize Vice Mayor/Councilmember District 3 Leanne Jones Cruz for her dedication and public service to the City of Riverbank.

SUMMARY
Vice Mayor/Councilmember Leanne Jones Cruz was sworn into office on December 13, 2022, and has since made significant contributions to the City of Riverbank. Working closely with the City Council, she has been instrumental in advancing numerous vital initiatives and projects that have fostered development within the community.

Key accomplishments during her tenure include:
• Crossroads West Commercial Groundbreaking
• Sierra House Day Use Facility Ribbon Cutting
• Costco Grand Opening
Councilmember Jones Cruz has played a crucial role in various development projects such as River Terrace (Ward Villas), Countryside II, Bruin Heights, and Diamond Bar East, in addition to the establishment of new community parks. Her commitment to enhancing the quality of life in Riverbank is evident through her advocacy and leadership.

The Riverbank Council, Staff, and Community extend their gratitude for Councilmember Leanne Jones Cruz's dedication and service. This agenda item provides an opportunity to formally recognize her numerous accomplishments during her time on the City Council.

ATTACHMENTS
No attachments.

Page 1 of 1 ends

Item 9.1 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: October 8, 2024
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, CMC, 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.

Page 1 of 1 ends

Item 9.2 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: October 8, 2024
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for September 24, 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 September 24, 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. September 24, 2024 City Council and Local Redevelopment Authority Board Minutes.

2. Written Public Comment- Cal Campbell

3. Written Public Comment- Garry Pearson

Page 1 of 9 ends

CC / LRA Minutes – 09/24/2024

MINUTES
TUESDAY, SEPTEMBER 24, 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 6:00 P.M.

2. FLAG SALUTE – Mayor 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.

Councilmember Barber-Martinez declared conflict of interest with Item 11.4

7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation -Suicide Prevention Month- September 2024- It is recommended that the City Council read and present the proclamation for Suicide Prevention Month to Nancy Andrews and Norm Andrews, volunteers for American Foundation for Suicide Prevention.

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

Page 2 of 9 ends

CC / LRA Minutes – 09/24/2024
Mayor O’Brien read and presented the proclamation for Suicide Prevention Awareness Month to Nancy and Norm Andrews, volunteers for the American Foundation on Suicide Prevention.

Item 7.2 Presentation- Workshop on the City’s Housing Element Update- It is recommended that City Council hear a staff presentation on the Housing Element Update effort. The presentation will serve to provide an overview of the 6th Cycle Housing Element update. No recommendation or formal action is necessary at this point of the Housing Element Update process.

Miguel Galvez, Senior planner with JB Anderson Planning gave a PowerPoint presentation on the 6th Cycle Housing Element Update.

Olivia Arambula, Timeless Real Estate to seek clarification on the requirements of the Housing Element.

Rich Holmer, Riverbank resident to share information from the California Department of Housing and Community Development (HCD).

Mayor O’Brien Opened Public Comment at 6:49 P.M.

Olivia Arambula, Riverbank Chamber of Commerce to provide an update on upcoming events and extend an invitation.

Jami Aggers, Modesto resident to seek clarification on a comment made by Mayor O’Brien at the last City Council Meeting regarding the initiative and to request a meeting with Vice Mayor District 3, as her request has not been answered.

There being no further public comments, Mayor O’Brien closed the Public Comment period 6:54 P.M.

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 August 27, 2024.

Page 3 of 9 ends

CC / LRA Minutes – 09/24/2024
Item 9.3 Resolution 2024-087 to Award Bid for the Roselle & S. Rosebrook Intersection Improvements Project to Hensley’s Paving & General Engineering Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $261,219.00 from Measure L Local Streets and Roads.

Item 9.4 Resolution 2024-088 Accepting the Annual Financial Report for Fiscal Year 2021-2022.

Item 9.5 LRA Resolution 2024-002 to Award a Contract for Specialized Legal Services for the Local Redevelopment Authority and Authorize the City Manager to Enter into an Outside Counsel Services Agreement with Kutak Rock LLP.

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

ACTION: By motion moved and seconded (Barber-Martinez / Uribe 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
No Items Scheduled.

11. NEW BUSINESS
Item 11.1 A Resolution to Approve a Contract Change Order for 60% Design for the Regional Recycled Water Project – Phase I to Brown and Caldwell, and Authorize a Budget Appropriation in the amount of $2,254,540.00 from the Sewer Fund 106- It is recommended that the City Council award the contract change order for preparation of the 60% design for the Riverbank Regional Recycled Water Project – Phase I to Brown and Caldwell, authorize the City Manager to execute a contract with said firm in the amount of $2,049,540.00, authorize a contingency amount of $205,000.00 (approximately 10%), and authorize a budget appropriation of $2,254,540.00 from Sewer Fund 106 for said contract.

Director of Public Works Bridgewater, gave a comprehensive staff report and PowerPoint presentation on the contract change order for preparation of the 60% design for the Riverbank Regional Recycled Water Project-Phase I to Brown and Caldwell.

City Council Discussed item with City Staff.

Page 4 of 9 ends

CC / LRA Minutes – 09/24/2024
Rich Holmer, Riverbank resident to seek clarification whether it will be a tertiary plant or improving our current plant.

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

ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to approve Resolution 2024-089 approving a Contract Change Order for 60% Design for the Regional Recycled Water Project – Phase I to Brown and Caldwell, and Authorize a Budget Appropriation in the amount of $2,254,540.00 from the Sewer Fund 106.

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 11.2 A Resolution to Award a Contract Change Order for the 60% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $395,700.00.00 from the Sewer Fund 106 for FY 2024/2025- It is recommended that the City Council award the contract for ongoing program management for the 60% design phase and permitting support for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc. (KSN), authorize the City Manager to execute a contract change order with said firm in the amount of $395,700.00 and authorize a budget appropriation from the Wastewater Enterprise Fund (Fund 106) for FY 2024/2025.

Director of Public Works Bridgewater, gave a comprehensive staff report and PowerPoint presentation on the contract for the ongoing program management for the 60% design phase and permitting support for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc. (KSN).

City Council Discussed item with City Staff.

Evelyn Halbert, Riverbank resident to seek clarification on where the funds for this project are coming out of, whether it is the Sewer Fund or Enterprise Fund 106, are those two the same number? Second, Under Prop 218, funds have to be directly applied to the service residents are receiving, so how do you justify using the prop 218 funds across the river?
City Manager Garcia, clarified we refer to Waste water, or Sewer Fund, Enterprise fund, Operating fund 106, they are all the same fund. Sewer 106 is where all of our operating costs come from. We did do a Prop 218 notification process to our residents in order to allow us to raise rates for this specific project. So, if you think back to the workshop that we held with regards to the sewer rate study, the rates are broken up into different

Page 5 of 9 ends

CC / LRA Minutes – 09/24/2024
components, one is to continue the operations of the sewer collection system and the sewer wastewater system, which is your treatment system itself. The second component is to provide for capital improvements in order to continue the operations of both your collection system, which would be all of your sewer lines in the street, etc. And then our wastewater treatment plants as well. So capital improvements to our wastewater treatment plant, despite the fact that it is across the river, still do qualify for costs that are eligible to be paid through the Sewer Enterprise Fund.

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

ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to approve Resolution 2024-090 awarding a Contract Change Order for the 60% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $395,700.00.00 from the Sewer Fund 106 for FY 2024/2025.

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 11.3 Resolution Adopting a Revised Statement of Investment Policy- It is recommended that the City Council consider adopting a Resolution to amend the current Statement of Investment Policy originally approved in July 2007.

Assistant City Manager Alcantor, gave a comprehensive report and PowerPoint presentation on a proposed revised Statement of investment Policy.

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 / Hernandez 5/0) to approve Resolution 2024-091 adopting the Revised Statement of Investment Policy.

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 11.4 Direction on the Proposed Tiny Home Development and Park on CityOwned Property Near the Intersection of Jackson Ave. and Stanislaus Street- It is recommended that the City Council receive an update on the

Page 6 of 9 ends

CC / LRA Minutes – 09/24/2024
proposed development to be located on city-owned property and provide feedback to staff regarding the use of the site for a tiny home village permanent supportive housing development or a park.

City Manager Garcia, gave a comprehensive report and PowerPoint presentation on the proposed tiny home development and park on city owned property near the intersection of Jackson Avenue and Stanislaus Street.

Councilmember Barber-Martinez recused herself from the Dais at 7:22 P.M.

City Council Discussed item with City Staff.

Charles Neal, Riverbank resident to express the need of a park in the area.

Lorri Faile, Riverbank resident to seek clarification on the Tiny Home Development.

Rich Holmer, Riverbank resident to express the need of a park in the area.

Gary Pearson, Riverbank resident to express the need of a park in the area. (Submitted Written Comment Attached)
Brad Hawn, Tiny Home Developer to provide feedback on funding that my no longer be available for the project.

Deanna Garcia, Tiny Home Management to express concern on the unhoused residents in the city, should this project not move forward.

Cal Campbell, Riverbank resident submitted a written comment to express the need of park in the area. (Submitted Written Comment As attached) There being no further public comment, Mayor O’Brien brought the item back to City Council.

ACTION: City Council gave direction to move forward and use the land as a neighborhood park for District 3. City Council will seek other vacant land in the city for a Tiny Home Development project in the near future.

Councilmember Barber-Martinez reconvened to the Dais at 7:59 P.M.

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

Item 12.1 Staff
City Manager Garcia reported on the following:

Page 7 of 9 ends

CC / LRA Minutes – 09/24/2024
• Jacob Myers Park open house which is being held tomorrow we do have 2 sessions, one from 3:30 to 5:00 P.M, and one that will go from 6:30 to 8:00 P.M at Jacob Myers Park. It's intended to have residents be able to provide feedback with regards to amenities they'd like to see at the Park. We were awarded a grant to update the master plan for that site. So, we certainly want to be able to incorporate any of our residents wishes in that, as we continue to work towards that. • Floating Pumpkin Patch event this Saturday tickets are $10, and we do want to thank a couple of sponsors that we've had, that Michael will be able to highlight the day of the event, so we thank them for being able to assist us in putting this together, and for all of the work that Staff has done with regards to this event.

Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• I want to add and emphasize to Councilmember Barbara Martinez's point earlier about the website for the regional water recycling wastewater plant project. But more so to ask where we are on the communications RFP because I feel like we have a real opportunity to tell the story of you know how this project is coming together. We had some tension around North County Corridor and that huge project itself. And so, I think it's important for us to you know, be proactive in telling the story communicating with the public and letting them know like where we are in this process. So, we're all on the same page moving forward. So is there an update on that.

City Manager Garcia: An update will be provided at the next City Council meeting as some funding opportunities have come up.

Councilmember Uribe reported on the following:
• No Comment.

Councilmember Barber-Martinez reported on the following:
• I received an email from a resident in District 4 regarding the crosswalks at Enochs.

They needed attention because they were not clearly marked and were dangerous for students, pedestrians, and drivers. So, our City Staff contacted the City of Modesto, and the next day the issue was corrected. I just want to say thank you to Modesto for caring about our residents that attend Enoch's High School as much as we care for them to and we really appreciate the collaboration, and how quickly they got that done.
• An update on SHA our Stanislaus Homeless Alliance, we received a presentation.

It was pretty much like the same one that we received about all kinds of funding for the regional homeless situations and it was grants that the county had received. • The Stanislaus County urban projects that were presented included the before and after pictures of our Castleberg Park, the same ones that we saw about the ADA and trail improvements.
• An update on COSC which is a community system of care for Stanislaus County.

So, even though there were flyers available for our ribbon cutting for the Sierra

Page 8 of 9 ends

CC / LRA Minutes – 09/24/2024
house, I personally made an announcement to ensure that everyone knows that Riverbank is moving forward with our programs to assist our unhoused neighbors. • I want to say, thank you to everyone that attended the ribbon cutting for our newest park, Centennial Park, and thank you to parks and recreation for making our residents feel welcome and making it a fun event.
• Thank you to all our Hispanic leaders in the City of Riverbank that continue to help our City to move forward. So, whether they are old residents, or new ones, or young or old. I just want to say thank you for being a part of the City of Riverbank.

Vice Mayor Jones Cruz reported on the following:
• I have a couple announcements tonight If I can get through it. On a personal note although I'm a little choked up. I have a celebration, I am retiring from Modesto City Schools after 21 years of service. Friday is my last day at Modesto City schools. This will complete an actual 31 years of teaching and I'm very excited about it, whether you see this or not, but with that came the sale of my house. So, I have sold my house, and I will be retiring out of state, and so I am announcing that tonight and this has been an awesome run. My last council meeting will be October 8th and I will be stepping down because the house closes on Monday, and I will be moving out of my house on Monday. I couldn't really talk about it because of the closing, and didn't know if it actually goes through. I'm from here this is my home, but I also have family in another state, and unfortunately, being a single person, I wasn't able to retire and stay here, so I'm retiring out of state. But because this is my home, this is where I was born, it’s not like you won't ever see me. I still have many, many extended families, and some of them are probably hearing this, because I haven't really set spoken a lot about it, because everything happened so fast. So, with that, said the City of Riverbank has a very near and dear place in my heart I will forever be grateful for all the opportunities. When I moved home 21 years ago to take the job with Modesto City Schools. I was the wayward child that traveled, and if you know me traveling is what I do and I will be doing some of it probably in the next few weeks. So, thank you, everybody that's been so supportive of me and this council, and I hope I've represented my neighborhood well you mean a lot to me and I will miss it. Thank you.

Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• No Comments.

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

Item 13.1 CONFERENCE WITH LEGAL COUNSEL– Anticipated Litigation Significant Exposure to Litigation,
(Pursuant to Gov. Code § 54956.9(d))
Number of Potential Cases: 1

Page 9 of 9 ends

CC / LRA Minutes – 09/24/2024
Item 13.2 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Nathan Wilson
Agency Claimed Against: City of Riverbank
There being no public comment, Mayor O’Brien moved to Closed Session at 8:07 P.M.

Reconvened from Closed Session at 8:32 P.M.

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

Item 14.2 Report from Closed Session Item 13.2

LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Nathan Wilson
Agency Claimed Against: City of Riverbank
ACTION: Claim denied by a vote of 5/0.

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 8:33 P.M.to the next regular scheduled City Council / LRA Meeting of October 8th, 2024 at 6:00 P.M.

ATTEST: (Adopted 10/08/2024) APPROVED:

Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair
ATTACHMENT 2

Page 1 of 2 ends

Item 9.3 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: October 8, 2024
Subject: Resolution of the City Council of the City of Riverbank Declaring Certain Property Surplus as Listed in Exhibit A and Authorizing Its Disposition
From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Public Works Director

RECOMMENDATION
It is recommended that the City Council approve a resolution declaring the property listed in Exhibit A as surplus property and authorize its disposal as stated in §36.03 of the Riverbank Code of Ordinances.

SUMMARY
Over the years new vehicles and equipment have been purchased and/or leased.

Therefore, the equipment/vehicles being replaced no longer serve a purpose to the City.

It is now appropriate to surplus the property. The City will follow procedures stated in Section 36.03 Disposition of Unclaimed and Surplus Property of the Riverbank Code of Ordinance to properly dispose of the items.

BACKGROUND
As per Section 36.03 of the Riverbank Code of Ordinances the Finance Director, after receiving surplus approval from the City Council, has the ability to dispose of the equipment through a negotiated sale, public sale, abandonment, destruction or donation to public bodies, charitable, civil or nonprofit organizations in the city.

Therefore, it is recommended that the City Council consider adopting a Resolution declaring the property listed in Exhibit A as surplus equipment and approve the sale of these items through auction or negotiated sale.

Page 2 of 2 ends

Item 9.3 – CC/LRA 10/08/2024

FINANCIAL IMPACT
Proceeds from the sale will be credited to the appropriate funds.

ATTACHMENTS

1. Resolution 2024-

2. Exhibit A

Page 1 of 1 ends

CC/LRA – 10/08/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-___

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

CALIFORNIA DECLARING CERTAIN PROPERTY SURPLUS AS LISTED IN EXHIBIT

A AND AUTHORIZING ITS DISPOSITION

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

WHEREAS, The City of Riverbank Finance Department has determined that the items presented in Exhibit A herein attached, are obsolete and no longer serve a City need; and,
WHEREAS, the City desires to dispose of this property; and, WHEREAS, the property will be properly disposed of pursuant to the City of Riverbank Code of Ordinance Section 36.03.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby recognize the property identified on the preceding Exhibit A:

Surplus Property form as obsolete and declares it surplus property.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8th day of October, 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 Richard D. O’Brien
City Clerk Mayor
Attachment(s): Exhibit A: Surplus Property
ATTACHMENT 1
Surplus List
• A-1 2003 Ford Crown Victoria 2FDFP739X3X183012
• A4 2007 Honda Civic 1HGFA46547L000191
• 148 2006 Chevrolet Silverado 1GCEC19T96Z154162
• 160 2008 Chevrolet Silverado 1GCHK29668E151021
• 166 2012 Ford E350 1FTSS3EL2CDA86075
• 169 2013 Ford F250 1FTBF2A62DEB62744
• 170 2013 Ford F250 1FTBF2A61DEB75310
• 24 1987 Kubota L2950GST 81013
• 47 1992 Kubota L2950GST 80251
• Pallet of old and worn out shop supplies and parts.

EXHIBIT A

Page 1 of 2 ends

Item 9.4 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL/ LOCAL REDELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: October 8, 2024
Subject: Resolution Approving a Voluntary Contribution Agreement for Participation in the Eastern San Joaquin Basin Nitrate Control Program Management Zone with Valley Water Collaborative for a not-to-exceed amount of $10,000.00 annually.

From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Public Works / LRA Director

RECOMMENDATION
It is recommended that the City Council consider adopting a resolution approving an agreement with Valley Water Collaborative in an amount not-to-exceed $10,000 annually; and authorize the City Manager to sign the agreement and all associated documents.

Term of the agreement is as long as the City participates in the Management Zone for the duration of and compliance with the Nitrate Control Program.

SUMMARY
The Central Valley Regional Water Quality Control Board (CVRWQCB) sent the City of Riverbank a Notice to Comply with the Central Valley Salinity Alternatives for Long Terms Sustainability (CV-SALTS) Program to address the issue of salts and nitrate in groundwater to ensure nitrates and salts do not impact beneficial uses of groundwater especially drinking water. The goal of CV-SALTS is to ensure everyone has access to safe drinking water along with the management and reduction of salts and nitrates in groundwater within the central valley of California.

In May 2020, the CVRWQCB sent Notices to Comply with the CV-SALTS Nitrate Control Program to all permitted dischargers within six basins identified as Priority 1 with more serious nitrate levels.

In December 2023, the CVRWQCB sent a Notice to Comply with the CV-SALTS Nitrate Control Program for all eight Priority 2 basins including Eastern San Joaquin Basin of which Riverbank belongs. The Notice to Comply contained two options for compliance.

Pathway A is an individual option with more stringent and costly nitrate requirements and Pathway B is a collaborative management zone comprised of irrigated lands, dairies, wineries, industrial processors, and wastewater treatment plant permitted dischargers.

Page 2 of 2 ends

Item 9.4 – CC/LRA 10/08/2024
Pathway B has less stringent nitrate requirements and is a cost sharing venture with all contributing members of the management zone.

The CV-SALTS Nitrate Control Program is a long-term effort to ensure safe drinking water supplies for all those residing within the Eastern San Joaquin Basin. It involves creating Early Action Plans, Implementation Plans, community outreach and analytical testing to locate wells with nitrates over the Maximum Contaminant Level (MCL) of 10 mg/L as well as provide safe drinking water until a more permanent solution is implemented.

The cost for these efforts would be solely the responsibility of the single discharger if Pathway A is selected and could be more than $200,000 per year.

In Pathway B, these costs are divided amongst the contributing members of the management zone and would more than likely be $4,000-$7,000 per year. City of Riverbank has chosen Pathway B and must notify the CVRWQCB with a Notice of Intent indicating the City’s choice by February 26, 2025.

FINANCIAL IMPACT
The City of Riverbank will be responsible for membership dues to the Eastern San Joaquin Basin Nitrate Control Program Management Zone with Valley Water Collaborative not to exceed $10,000.00 annually.

STRATEGIC PLAN
While not directly associated to the City’s Strategic Plan, this item is designed to ensure that the City can provide a safe and reliable drinking water source to our residents.

ATTACHMENTS

1. Notice to Comply

2. City Council Resolution 2024-

3. Agreement
ATTACHMENT 1

Page 1 of 2 ends

CC/LRA – 10/08/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-XXX

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

CALIFORNIA, AUTHORING THE CITY MANAGER TO ENTER INTO A VOLUNTARY

CONTRIBUTION AGREEMENT FOR PARTICIPATION IN THE EASTERN SAN

JOAQUIN BASIN NITRATE CONTROL PROGRAM MANAGEMENT ZONE WITH

VALLEY WATER COLLABORATIVE FOR A NOT-TO-EXCEED AMOUNT OF $10,000.00 ANNUALLY

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

WHEREAS, The City of Riverbank, residing in the Priority 2 Eastern San Joaquin Basin, is required by the Central Valley Regional Water Quality Control Board (CVRWQCB) to comply with the Central Valley Salinity Alternatives for Long Term Sustainability (CV-SALTS) Nitrate Control Program, and
WHEREAS, the Nitrate Control Program Pathway B requires City of Riverbank’s participation in and contribution to the Eastern San Joaquin Basin Management Zone administered by Valley Water Collaborative, and
WHEREAS, the CV-SALTS Nitrate Control Program is a long-term effort to ensure safe drinking water supplies for all those residing within the Eastern San Joaquin Basin.

It involves creating Early Action Plans, Implementation Plans, community outreach and analytical testing to locate wells with nitrates over the Maximum Contaminant Level (MCL) of 10 mg/L as well as providing safe drinking water until a more permanent solution is implemented, and
WHEREAS, staff recommends entering into an agreement with Valley Water Collaborative.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Manager to enter into a Voluntary Contribution Agreement for Participation in the Eastern San Joaquin Basin Nitrate Control Program Management Zone with Valley Water Collaborative for a not-to-exceed amount of $10,000.00 annually.

ATTACHMENT 2

Page 2 of 2 ends

CC/LRA – 10/08/2024
CC Resolution 2024-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
Attachment(s): Valley Water Collaborative Voluntary Contribution Agreement 1 VALLEY WATER COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT TO

SUPPORT EFFORTS RELATED TO WELL TESTING, REPLACEMENT WATER AND GROUNDWATER

IMPROVEMENTS IN THE MODESTO, TURLOCK, DELTA-MENDOTA, EASTERN SAN JOAQUIN,

MERCED AND MADERA GROUNDWATER BASIN/SUB-BASIN AS IDENTIFIED IN THE WATER

QUALITY CONTROL PLAN FOR THE SACRAMENTO AND SAN JOAQUIN RIVER BASINS This Voluntary Contribution Agreement (this “Agreement”) is entered into this _____ day of __________, 20____ (the “Effective Date”), by and between the VALLEY WATER COLLABORATIVE, a California nonprofit public benefit corporation (hereafter “VWC”) and ______________________________________, (hereafter “Contributor”) (referred to individually as “Party” or collectively “Parties).

BACKGROUND

1. On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to incorporate a Central Valley-Wide Salt and Nitrate Control Program (Basin Plan Amendments). The Basin Plan Amendments were approved by the State Water Resources Control Board (State Water Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020.

Parts of the Basin Plan Amendments became effective upon Office of Administrative Law approval. Other parts became effective after receiving approval from the United States Environmental Protection Agency.

2. The Basin Plan Amendments include the program to regulate nitrate discharges to groundwater (Nitrate Control Program). The Nitrate Control Program became effective on or about January 15, 2020.

3. The Nitrate Control Program applies to all discharges of nitrate to groundwater basins that are designated with the municipal and domestic supply (MUN) beneficial use. Application of the Nitrate Control Program to discharges that are subject to Central Valley Water Board authority is being implemented based on priorities set forth in the Basin Plan Amendments.

4. The Nitrate Control Program, as adopted by the Central Valley Water Board, identifies the following six Priority 1 groundwater basins/sub-basins: Kaweah, Turlock, Chowchilla, Tule, Modesto, and Kings; the following Priority 2 groundwater basins/subbasins: Yolo, Eastern San Joaquin, Delta-Mendota, Merced, Madera, Tulare Lake, Kern County (Westside South), and Kern County (Poso); and designates the remaining areas as non-prioritized areas.1 Compliance with the Nitrate Control Program is triggered by the issuance of a Notice to Comply from the Central Valley Water Board to permittees that discharge nitrate to 1 The groundwater basins/subbasins names and boundaries identified in this Agreement are from the Department of Water Resources Bulletin 118 as it existed in 2014 and as incorporated into the Basin Plan.

ATTACHMENT 3
2 groundwater. Upon receipt of the Notice to Comply, permitted dischargers need to select one of two pathways for complying with the Nitrate Control Program.

5. The Notice to Comply, as set forth in the Basin Plan Amendments, requires those that are permitted by the Central Valley Water Board to either meet the new requirements through an individual permitting approach (Pathway A) or voluntarily work with other permittees as a Management Zone (Pathway B).

6. Voluntary participation in a Management Zone is considered by the Central Valley Water Board to be an alternative compliance pathway to traditional permitting approaches and includes incentives that allow those voluntarily selecting Pathway B significant additional time to comply with the Nitrate Control Program.

7. Irrigated agriculture is permitted to discharge nitrate through the issuance of General Waste Discharge Requirements that apply to Members of Third Party Groups and recognized Third Party Groups (Ag Coalitions) receive the Notice to Comply for growers that are Members of that Third Party Group. As directed in the General Waste Discharge Requirements issued by the Central Valley Water Board, Ag Coalitions select the compliance approach (i.e., pathway) for its Members to comply with the Nitrate Control Program.

8. The Central Valley Dairy Representative Monitoring Program (CVDRMP) conducts monitoring on behalf of its dairy and bovine members and assists them with compliance with the Central Valley Water Board’s Nitrate Control Program. The CVDRMP selects the compliance approach (i.e., pathway) for its Members for complying with the Central Valley Water Board’s Nitrate Control Program.

9. On May 30, 2020, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the six identified Priority 1 basins.

10. On December 29, 2023, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the eight identified Priority 2 basins.

11. Permitted dischargers of nitrate need to inform the Central Valley Water Board of their decision to either elect Pathway A or Pathway B. For Members of Ag Coalitions, the Ag Coalition informs the Central Valley Water Board of its choice on behalf of its Members.

For Members of the CVDRMP, the CVDRMP informs the Central Valley Water Board of its choice for its Members located in the relevant groundwater basin/subbasin and their selection of Pathway B by virtue of participation in the CVDRMP.

12. A Management Zone is defined to mean “[a] discrete and generally hydrologically contiguous area for which permitted discharger(s) participating in the Management Zone collectively work to meet the goals of the SNMP and for which regulatory compliance is evaluated based on the permittees collective impact, including any alternative compliance 3 programs, on a defined portion of the aquifer. Where Management Zones cross groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately for each basin or sub-basin. Management Zones must be approved by the Central Valley Water Board.”

13. For those permitted dischargers that received the May 30, 2020 Notice to Comply and selected Pathway B, the time to submit Preliminary Management Zone Proposals and Early Action Plans, Final Management Zone Proposals and Management Zone Implementation Plans occurred between March 2021 and September 2023, and all documents were submitted timely.

14. For those permitted dischargers that received the December 29, 2023, Notice to Comply and voluntarily decide to participate in a Management Zone, which includes Ag Coalition and CVDRMP representatives on behalf of their Members, a Preliminary Management Zone Proposal and Early Action Plan must be submitted to the Central Valley Water Board no later than December 28, 2024.

14. Permitted dischargers voluntarily working together as a Management Zone are responsible for developing and submitting a Final Management Zone Proposal within 180 days after Central Valley Water Board review of the preliminary proposal.

15. Six months after the Central Valley Water Board’s Executive Officer accepts the Final Management Zone Proposal, the permittees, working voluntarily and collaboratively as a Management Zone, are responsible for developing and submitting a Management Zone Implementation Plan to the Central Valley Water Board.

16. Central components of the Central Valley Water Board’s Pathway B alternative compliance approach include the need for permittees to be responsible for a program that tests domestic drinking water wells, provide access to safe drinking water when a drinking water well exceeds the nitrate drinking water standard of 10 mg/L and identify long-term drinking water solutions.

17. The Valley Water Collaborative (VWC) is a nonprofit public benefit corporation created to maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced and Madera groundwater basins/subbasins (collectively referred to hereafter as the Region) located within the Central Valley by providing groundwater testing and free drinking water to residents in the Region who are impacted by nitrate contamination. The VWC also seeks to improve quality of life in the Region by identifying long-term drinking water needs for those in the Region that are impacted by nitrate contamination.

18. The Central Valley Water Board, at its sole discretion, may determine that permittees voluntarily contributing to the VWC’s efforts to improve quality of life in the Region otherwise satisfies a permittees responsibilities and obligations under Pathway B of the Nitrate Control Program.
4 TERMS OF VOLUNARY CONTRIBUTION AGREEMENT
The Parties agree as follows:

1. Contributor has voluntarily determined, on its own accord, to voluntarily participate and contribute to VWC’s program to improve quality of life in the Region.

2. As part of its efforts to improve quality of life in the Region, VWC agrees to make publicly available final reports and plans and data relied on for final reports and plans, except as limited by paragraph 12 of this Agreement, so that the Contributor may use such information to meet its responsibilities and obligations under the Nitrate Control Program and as directed by the Central Valley Water Board.

3. Contributor understands that the Contributors’ contributions will be used to support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC’s efforts to provide access to safe drinking water for residents, and by engaging in activities with the goal of protecting or enhancing the quality of groundwater used as drinking water for residents in the region.

4. VWC agrees that VWC’s Board of Directors will include contributors from all of the groundwater basins/subbasins in the Region and that each groundwater basin/subbasin in the Region will have at least one director position on the VWC Board of Directors. VWC agrees that all other director positions, i.e., those not specifically designated for each groundwater basin/subbasin, may be filled by any Contributor from any of the groundwater basin/subbasins that are within VWC’s Region.

5. VWC agrees that to ensure that VWC fulfills its mission throughout the Region that it will form and administer subcommittees of the Board of Directors for each groundwater basin/subbasin. The groundwater basin/subbasin specific subcommittees will be comprised of Contributors or a representative of Contributors (e.g., irrigated agriculture through Ag Coalition representatives and dairies through CVDRMP representatives) that have agreed to contribute to the VWC to help support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC’s efforts to provide access to safe drinking water for residents. The subcommittees may make recommendations to the VWC Board of Directors with respect to matters and activities that apply in whole or part to the subcommittee’s groundwater basin/subbasin of concern.

6. Contributor will be notified annually of its requested financial contribution to support VWC’s efforts to improve quality of life in the Region.

7. The Parties agree to cooperate in seeking alternative funding sources for development and implementation of the program and the implementation thereof. 5 8. Contributor understands that compliance with the Nitrate Control Program is determined by the Central Valley Water Board and the Central Valley Water Board may assess compliance separately for each groundwater basin/subbasin that is in the Region.

9. As part of its program, the VWC will make available to the public, including the Central Valley Water Board, its final plans, reports, and any data relied on to develop final plans and reports, except as otherwise limited by paragraph 16 of this Agreement.

10. Contributor may terminate this Agreement at any time upon giving a minimum of thirty (30) days’ express written notification to the VWC. Any contributions made to VWC by a withdrawing Contributor prior to giving notice of withdrawal belong to the VWC as a public, nonprofit benefit corporation and are not reimbursable by VWC to the withdrawing Contributor.

11. Contributor understands that, upon request by the Central Valley Water Board, VWC will convey to the Central Valley Water Board those contributors that support VWC’s program and the identification of any former contributors that no longer support VWC’s program.

12. The Parties shall indemnify, defend, and hold harmless the other Party, its officers, directors, members, managers, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party arising out of or occurring in connection with a Party’s negligence, willful misconduct, or breach of this Agreement.

13. The Parties acknowledge that by contributing to VWC and supporting VWC’s programs, the parties make no representations or admissions whatsoever with respect to nitrate levels and possible contamination in groundwater that may exist within the Region.

14. The Parties, along with other VWC contributors, agree to work cooperatively to develop and implement VWC’s mission to improve quality of life in the Region and shall not use information obtained through the development and implementation of VWC’s mission to cause material harm the other Party to this Agreement or other contributors to the VWC.

15. To the extent allowed by applicable law and State Water Board Order WQ 2018-0002, if VWC receives or obtains access to certain confidential information associated with Groundwater Protection Formula, Value and Target information, and Irrigation and Nitrogen Summary Report Data from irrigated agricultural coalitions subject to relevant General Waste Discharge Requirements to assist in development of VWC’s program, VWC will take all reasonable steps to maintain confidentiality of such data and information. 6 16. The Agreement shall be interpreted and enforced pursuant to the laws of the State of California. It is agreed that in the event of any litigation arising hereunder, the Parties hereto shall submit to the jurisdiction of any court of competent jurisdiction within the State of California, County of Stanislaus.

17.No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. If any provision of the Agreement is found invalid or unenforceable, the balance of the Agreement shall remain in full force and effect.

19. The Agreement may be executed in counterparts with the same force and effect as if executed in one complete document by all Parties.

20. This Agreement contains the entire agreement between the Parties with respect to the matters set forth in it. Any modifications, revisions, or changes to this Agreement must be made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date set forth above.

VALLEY WATER COLLABORATIVE
By: _____ Date:__________________
Signature of VWC Board Chair
_____
Print name of VWC Board Chair

CONTRIBUTOR
Entity Name: ________________________ Date:__________________ By: _____
Signature of Contributor authorized representative
_____
Print name of Contributor authorized representative
7 Entity Information
Entity Name:

Mailing Address:

Physical Address:

Subbasin(s) for which
this Agreement Applies:
☐ Modesto
☐ Turlock
☐ Merced
☐ Eastern San Joaquin
☐ Delta-Mendota
☐ Madera
CV Salts ID Number(s):
(This ID number is assigned
by the Regional Water Board.

It can be found on your
Notice to Comply.)
Primary Entity Contact
Name:

Phone:

Email:

Request for Contribution Statement Contact
Should the individual
above receive the VWC
Request for Contribution
Statement?
YES ☐ NO ☐
If “NO” please include the contact information for the individual, below.

Name:

Phone:

Email:

Page 1 of 4 ends

Item 10.1 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: October 8, 2024
Subject: Resolution to Consider Approval of the Request for an Exception to Allow for Flag Lot Configuration and Vesting Tentative Parcel Map 01-2024 Located at 2842 Turpin Avenue (APN 132-062-003).

From: Marisela H. Garcia, City Manager
Submitted by: Michael Arroyo, Contract City Planner

RECOMMENDATION
Consider adopting a resolution to approve a request of Mr. Jorge and Consuelo Alcala for an Exception to allow for a flag lot configuration and to subdivide the subject parcel based on the General Plan and Zoning Consistency findings.

SUMMARY
Applicants, Mr. Jorge and Consuelo Alcala, are seeking City Council approval for a Request for an Exception to allow for the configuration of a flag lot and Vesting Tentative Parcel Map No. 01-2024 (Exhibit A). The proposal includes a Request for an Exception to allow for the configuration of a flag lot and to subdivide one (1) existing parcel, Parcel 132-062-003 (51,418 sf), into four (4) resulting parcels: Parcel 1 (26,220 sf), Parcel 2 (11,340 sf), Parcel 3 (6,143 sf), and Parcel 4 (6,005 sf). The property is zoned R-1, SingleFamily Residential and the General Plan designation for the site is Lower-Density Residential.

BACKGROUND
Mr. Jorge and Consuelo Alcala are the owners of the subject property, an approximately 51,418 sf parcel, located at 2842 Turpin Avenue. Other than the Request for an Exception and Vesting Tentative Parcel Map, there is no development proposed at this time. Future development would occur under the building permit process. No Architecture and Site Plan Review is required for custom-built homes on single lots.

Page 2 of 4 ends

Item 10.1 – CC/LRA 10/08/2024
On September 17, 2024, the Planning Commission adopted Resolutions 2024-008 (Attachment 2) to recommend approval to the City Council to approve the Request for an Exception to allow for a flag lot configuration and Vesting Tentative Parcel Map 01-2024.

The Planning Commission voted unanimously (5-0) to recommend approval to City Council for the proposed Project.

During the Public Comment period of the Planning Commission meeting, neighbors of the subject property expressed their concern over privacy issues should the proposed project be approved and subsequent development of the subject property occur. Staff stated that there is no condition for this project to erect or build a CMU wall, and informed the applicant and neighbor that the issue raised is a civil matter and should be addressed as such.

PROJECT INFORMATION AND ANALYSIS
Much of the analysis below is from the approved rezoning, general plan amendment and tentative map proposal and its applicability can be carried forward to this request.

A. Development Standards
Lot Size
The proposed Vesting Tentative Parcel Map would subdivide one (1) existing parcel totaling 51,418 square feet (sf) into four (4) parcels. The Project site is located within the City’s R-1, Single-Family Residential Zoning District and is designated Lower Density Residential (LDR) per the General Plan. For the R-1 Zone, the minimum interior lot size requirement is 6,000 square feet. All four proposed parcels comply with the minimum lot size requirement: Parcel 1 totals 26,220 sf, Parcel 2 totals 11,340 sf, Parcel 3 totals 6,143 SF, and Parcel 4 totals 6,005 sf.

Lot Width
In the R-1 zoning district, the minimum lot width requirement for interior lots (all four parcels are interior lots) is 55 feet. According to the Vesting Tentative Parcel Map, Parcel 1 has a lot width of approximately 139 feet, Parcel 2 has a lot width of

29.2 feet, Parcel 3 has a lot width of 55 feet, and Parcel 4 has a lot width of 55 feet. Parcels 1, 3, and 4 meet the minimum lot width requirements for the R-1 zoning district while Parcel 2 does not meet the minimum lot width standard for the R-1 zoning district.

Lot Depth
In the R-1 Zoning District, the minimum lot depth requirement is 100 feet unless otherwise approved by the Planning Commission or City Council. Per section 152.029 of the Riverbank Municipal Code, the depth of lots shall not exceed the road frontage by more than three (3) times. Parcels 1, 3, and 4 meet the minimum

Page 3 of 4 ends

Item 10.1 – CC/LRA 10/08/2024
lot depth requirements for the R-1 zoning district while Parcel 2 does not meet the minimum lot depth standard for the R-1 zoning district. The Parcel 2 flag lot configuration provides a street frontage of 29.2 feet; strict application of Section 152.029 would allow a maximum lot depth of 87.6 feet for Parcel 2. The proposed lot depth for Parcel 2 exceeds the maximum lot depth permitted by 93.4 feet.

The table below illustrates the minimum lot, width, and depth requirements for the lots:

R-1 Zoned
Parcels
Lot Size
(Minimum 6,000 sf)
Lot Width
(Minimum 55 ft)
Lot Depth
(Minimum 100 ft)
Parcel 1 26,220 sf 139 ft 188 ft
Parcel 2 11,340 sf 29.2 ft 181 ft
Parcel 3 6,143 sf 55 ft 116.1 ft
Parcel 4 6,005 sf 55 ft 126.1 ft
Existing Structures
Proposed Parcel 1 contains an existing single-family residence, two (2) carports, four (4) existing sheds and a mix of palm trees and deciduous trees. Proposed Parcel 2, 3, and 4 together contain various, small storage structures, chicken coops, animal pens, and a combination of trees.

GENERAL PLAN CONSISTENCY
The existing General Plan designation for this project is Lower Density Residential (LDR) which allows the project to be built at 0-8 dwelling units per net acre. The VTM shows a total of four (4) residential lots on 1.18 acres for a total of 3.4 dwelling units per acre.

Thus, the project’s density is consistent with the LDR designation of the General Plan.

Policy CONS-8.6: “The City will encourage compact development to achieve more efficient use of resources and provision of public facilities and services.” Approval of a tentative parcel map may lead to the development of single-family dwelling units on proposed Parcels 2, 3, and 4 because it makes them ready for development and sale.

ENVIRONMENTAL
Pursuant to the California Environmental Quality Act, staff has determined that the proposed Parcel Map is exempt pursuant to Section 15332 (Class 32) of the State CEQA Guidelines. The proposed Parcel Map meets the conditions prescribed by CEQA Section 15332 in that the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations; the proposed development occurs within the city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; the project site has no value as a habitat for endangered, rare or threatened species; approval of the project

Page 4 of 4 ends

Item 10.1 – CC/LRA 10/08/2024
would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

STRATEGIC PLAN
The City’s Strategic Planning Session outlines a plan and a set of goals that the City will work towards for the next three years. This project works toward the goals of “achieving and maintaining financial stability” and “maintain and improve the City infrastructure systems.”

FISCAL IMPACT
The Applicants have paid the appropriate fees for staff time associated with processing the project application. Costs associated with future development and Capital Improvement Projects will be offset with payment of System Development Fees at time of development.

ATTACHMENTS

1. City Council Resolution 2024-XXX
Exhibit A – Vesting Tentative Parcel Map 01-2024

2. Planning Commission Resolution No. 2024-008

Page 1 of 4 ends

CC/LRA – 10/08/2024
CC Resolution 2024-XXX

CITY OF RIVERBANK
RESOLUTION 2024-XXX

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

APPROVING THE REQUEST OF ROD HAWKINS, HAWKINS AND ASSOCIATES ENGINEERING, INC. FOR AN EXCEPTION REQUEST AND TENTATIVE PARCEL MAP 01-2024, LOCATED AT 2842 TURPIN AVENUE (APN 132-062-003)

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

WHEREAS, an application was received from Rod Hawkins, Hawkins & Associates Engineering, Inc. for Tentative Parcel Map 01-2024 to subdivide one (1) parcel totaling approximately 51,418 square feet into four (4) parcels, specifically sized as follows:

Parcel 1: Approximately 26,220 square feet
Parcel 2: Approximately 11,340 square feet
Parcel 3: Approximately 6,143 square feet
Parcel 4: Approximately 6,005 square feet
WHEREAS, the City of Riverbank Planning Commission conducted a Public Hearing on September 17, 2024 to take public comment, consider the proposed Tentative Parcel Map and Exception request and make a recommendation to City Council; and WHEREAS, the Planning Commission after considering public comment voted 5- 0 to recommend to the City Council that they approve the Tentative Parcel Map and Exception request, subject to the Conditions of Approval; and WHEREAS, the Planning Commission did consider a proposed Exemption pursuant to the California Environmental Quality Act and considers this to be the appropriate level of environmental review in this case. The Planning Commission recommended the City Council find that the proposed project meets the conditions prescribed in Section 15332 (Class 32, In-Fill Development Projects) of the State CEQA Guidelines; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the Exception Request and Tentative Parcel Map was published in the Riverbank News, a newspaper of general circulation on September 20, 2024; and
ATTACHMENT 1

Page 2 of 4 ends

CC/LRA – 10/08/2024
CC Resolution 2024-
WHEREAS, notices of the City Council public hearing on the Exception Request and Tentative Parcel Map were also mailed to all property owners within 300 feet of the property, according to the most recent Assessor’s Roll on September 20, 2024; and WHEREAS, The City Council of the City of Riverbank hereby finds and adopts the following:

A. The project is consistent with the General Plan in that the project directly implements General Plan Conservation Policy 8.6.

B. Notice to the general public and adjoining neighbors in the time and in the manner required by State Law and City Code.

C. According to the California Environmental Quality Act, the proposed project is exempt pursuant to Section 15332 (Class 32, In-Fill Development Projects) of the State CEQA Guidelines. The proposed Project meets all conditions prescribed by CEQA Section 15332.

D. The approval of Tentative Parcel Map 01-2024 for the subdivision of one (1) parcel totaling approximately 51,418 square feet into four (4) parcels will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood in that proposed map is similar to, and compatible with, neighboring uses in the area.

WHEREAS, The City Council of the City of Riverbank hereby approves the Exception request and Tentative Parcel Map 01-2024, subject to the following Conditions of Approval:

1. Deep River Drive shall be fully improved including driveways, curbs, gutters and sidewalks along the new alignment;

2. Street light shall be installed per City standards;

3. Each lot shall be connected to City water with water meters and back flow preventers;

4. Each lot shall be connected to City sewer with clean outs at the property lines;

5. All wells and septic tanks shall be abandoned as a condition of map approval;

6. Storm inlets shall have storm filters;

7. The storm drain system shall be designed to City standards;

8. A complete set of landscape plans conforming to the state’s MWELO

Page 3 of 4 ends

CC/LRA – 10/08/2024
CC Resolution 2024-
requirements is required prior to final map;

9. The City’s Post Construction Standards Plan needs to be followed including DMA’s LID standards, and the required worksheets located in the Appendix of the document. The document is available on the City’s website;

10.All existing overhead electrical shall be placed underground;

11.Street dedication is required along Deep River Drive as shown on the tentative map;

12.The project will require a Parcel Map to be prepared by a person licensed to practice land surveying in the State of California. All lot corners shall be permanently marked;

13.A soils report is required;

14.Utility plans for water, sewer and storm drainage are required to be provided and approved prior to recording the Parcel Map;

15.All structures not conforming to City Standards shall be removed or relocated.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that the Exception request and Tentative Parcel Map No. 01-2024 is approved, subject to those conditions established by Resolution No. 2024-xxx.

AYES:

NAYS:

ABSENT:

ABSTAINED:

Page 4 of 4 ends

CC/LRA – 10/08/2024
CC Resolution 2024-
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
Attachments : Exhibit A – Vesting Tentative Parcel Map 01-2024 W
SS SS
SD SS
SS
W
W

TURPIN AVENUE

DEEP RIVER DRIVE

JORGE L/ CONSUELO ALCALA
A.P.N. 132-062-003
51,416 SQ. FT.±
PARCEL 2
11,340 SQ FT
PARCEL 3
6,143 SQ FT
PARCEL 4
6,005 SQ FT
PARCEL 1
26,220 SQ FT HAWKINS & ASSOCIATES ENGINEERING, INC. 436 MITCHELL RD. MODESTO, CA. 95354 PH: (209) 575 - 4295 FX: (209) 578 - 4295 SHEET OF RODRICK H. HAWKINS: BY: CHK: DATE: SCALE: JOB #: SYM. DESCRIPTION DATE APPD. R.C.E. 50188 L.S. 9489 1 1 PRELIMINARY VESTING TENTATIVE PARCEL MAP 2842 TURPIN AVENUE RIVERBANK, CALIFORNIA 95367 RCS RHH 05/2024 1" = 30' 3685.00

VICINITY MAP SITE

BASIS OF BEARING

REFERENCES

BENCHMARK
LEGEND
W
FLOOD ZONE NOTE:

SD
SS
GENERAL NOTES:

OWNER/SUBDIVIDER
STATEMENT OF SUBDIVIDER:

ENGINEER:

LEGAL DESCRIPTION:

EXHIBIT A
ATTACHMENT 2

Page 1 of 10 ends

Item 10.2 – CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL/ LOCAL REDELEOPMENT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARING
Meeting Date: October 8, 2024
Subject: Resolutions to Consider Approval of (1) General Plan Amendment 01-2024, (2) Tentative Subdivision Map 01-2024, and (3) Architectural and Site Plan Review 06-2024 and the First Reading by Title Only and Introduction of an Ordinance
Approving the Rezone 01-2024 5.9 Acres to Planned
Development Located at 6448 Claus Road (APN 062-039-048) for the Heritage II Subdivision.

From: Marisela H. Garcia, City Manager
Submitted by: Michael Arroyo, Contract Planner

RECOMMENDATION
Adopt three resolutions and Introduction of an Ordinance approving the request of Summerfaire Commerce Center LLC. for a General Plan Amendment, Rezone, Vesting Tentative Subdivision Map, and Architecture and Site Plan Review to create forty-seven (47) single family residential lots in the proposed Heritage II subdivision. The property is located at 6448 Claus Road (APN 062-039-048).

SUMMARY
The proposed Project consists of a General Plan Amendment (GPA) to Medium Density Residential (MDR), a Zoning Ordinance Amendment (Rezone) to Planned Development (PD), a Tentative Subdivision Map (TSM) to subdivide a parcel of approximately 5.9-acres into forty-seven (47) single-family residential lots (4.2± net acres), and the Architecture and Site Plan Review (ASPR) for the proposed design of the forty-seven (47) single family residential dwelling units. The Project site currently has a General Plan Land Use designation of Community Commercial (CC) and is currently zoned Planned Development (PD).

Page 2 of 10 ends

Item 10.2 – CC/LRA 10/08/2024

BACKGROUND
The current Project Proponent previously submitted an application for a General Plan Amendment to Community Commercial, a Zoning Ordinance Amendment (Rezone) to Planned Development (PD), and an Architecture and Site Plan Review to allow for the development of a self-storage and recreational vehicle facility. The previous project received approvals by the City of Riverbank’s City Council on December 20th, 2022 and January 10th, 2023. The approval included a 2,000 square foot office, 623 climatecontrolled storage units, and 62 RV and boat storage spaces. Due to market factors and other considerations, the Project did not move forward due to financial lending contraints and the project site has remained vacant and undeveloped. Subsequently, the Project Proponent has since revised the plan to develop the subject property for residential uses.

On September 17, 2024, the Planning Commission adopted Resolutions 2024-005, 2024- 006, and 2024-007 (Attachment 5) to recommend approval to the City Council for a General Plan Amendment to redesignate the property as Medium Density Residential, a Rezone to a new Planned Development Zone to allow for residential uses, a Tentative Map to allow for the subdivision of the property into forty-seven (47) single family residential lots, and an Architecture and Site Plan Review for the proposed design of the forty-seven (47) single family homes for Heritage II. The Planning Commission voted unanimously (5-0) to recommend approval to City Council for the proposed Project.

ANALYSIS
A. General Plan Amendment
GENERAL PLAN CONSISTENCY FINDINGS:

The Project site’s density is 11.2 dwelling units per net acre. At this density, the proposed Project is consistent with the proposed General Plan designation of Medium Density Residential (MDR, net density of 8-16 units per net acre). Below is a discussion of General Plan Policies with which the proposed project is consistent:

1. Policy DESIGN-2.7 – In general, the City will require the construction of sidewalks on both sides of all new streets.

The applicant has provided sidewalks on both sides of all new proposed streets within the cul-de-sac and interior streets.

2. Policy DESIGN-3.1 – The City will limit block lengths and encourage continuity of streets among neighborhoods to facilitate access, increase connectivity, and support safe pedestrian, bicyclist, and vehicular movement in residential neighborhoods.

The City is requiring the applicant to make improvements at the intersection of Claus Road and Sierra Street in order to accommodate resident safety and support vehicular movements.

Page 3 of 10 ends

Item 10.2 – CC/LRA 10/08/2024

3. Policy DESIGN-3.2 – Approved plans, projects, and subdivision requests shall provide residential site and building design that contributes to an attractive, pedestrian-friendly environment along neighborhood streets. Approved plans, projects and subdivision requests will minimize the visual prominence of garages and instead incorporate porches, stoops, active rooms, and functionally opening windows that face the street.

Architecture and Site Plan Review is included with this application. The visual prominence of garages is reduced.

4. Policy DESIGN-5.2 – The City will encourage the use of porches, stoops, and other elements that provide a place to comfortably linger and thereby provide ‘eyes on the street,’ helping to maintain a sense of security within neighborhoods.

The applicant has provided architectural details for the use of porches and stoops.

5. Policy CONS-4.2 – Approved projects, plans and subdivisions shall provide for collection, conveyance, treatment, detention, and other storm water management measures in a way that does not decrease water quality or alter hydrology in the Stanislaus River or associated groundwater recharge areas.

The Developer has not provided a stormwater basin within the Project site but will instead connect to the existing oversized Diamond Bar East basin to the north. The developer will be required to annex into Community Facilities District 2016-01 for future maintenance or replacement of facilities.

6. Policy DESIGN-4.2 – Approved projects, plans and subdivisions shall provide diversity among dwelling units in the use of color, building materials, floor plan lay-outs, square footages, and roof-lines. Approved projects, plans, and subdivision requests shall maintain continuity of a few overall urban design features to provide context between individual units and the neighborhood.

The developer has provided two (2) models, two (2) variations (Spanish and Traditional) and six (6) color schemes to provide diversity among the dwelling units. The dwellings will vary in the use of color, building materials, floor plan lay-outs, square footages, rooflines, and architectural details. These details may include shutters, flower boxes, pillars, decorative vents, brick, rock, shake shingles, accent windows, and foam trim.

B. Rezone
The developer is requesting design variation from Single Family Residential (R-1) standards through rezoning the property to a Planned Development (“PD”) zoning district.

A PD allows the developer flexibility in applicable development stanadards in lieu of providiing a superior designed subdivision.

The Table provides information comparing the existing low-density residential zoning development standards and the proposd PD standards. The project differs to the LDR standards in the following five areas: lot size, lot width, density, setbacks, and local street

Page 4 of 10 ends

Item 10.2 – CC/LRA 10/08/2024
width. The development standards that deviate from the standards of the R-1 zone are denoted with an asterisk (*).

Type of Standard LDR Zoning Standards Proposed PD Standards Lot Size (Minimum)
Interior 6,000 Square Feet 3,000 Square Feet*
Corner 6,000 Square Feet 3,500 Square Feet*
Lot Width (Minimum)
Interior 55 Feet 40 Feet*
Corner 65 Feet 45 Feet*
Density (Maximum) 8 DU/ Net Acre 16 DU/ Net Acre*
Height (Maximum) 35 Feet 35 Feet
Setback (Minimum)
Front 10 Feet 15 Feet*
Garage 20 Feet 20 Feet
Side:

Interior 5 Feet 5 Feet
Corner 5 Feet 10 Feet*
Rear 5 Feet 10 Feet*
Lot Coverage
(Maximum) 50% 50%
Accessory Height
(Maximum) 15 Feet 15 Feet
Local Street Width 64 Feet 50 Feet*
Sidewalks Both sides of street Both sides of street
Onsite Parking 2 covered spaces 2 covered spaces
Street Parking Both sides of street Both sides of street Pursuant to RMC section 153.162 (E)(3), staff has requested that the developer offer amenities to compensate the neighborhood for deviating from the minimum standards

Page 5 of 10 ends

Item 10.2 – CC/LRA 10/08/2024
above. These amenities may include enhanced landscaping, a colored concrete or brick crosswalk, upgraded front doors and garage doors, decorative wrought iron fencing in the front, open space furniture, French doors instead of sliders, community art, etc. Other suggestions to staff would be considered. The developer proposes the following amenities for the PD: (1) upgraded garage doors, (2) decorative garage lighting, and (3) enhanced landscaping of the subdivision. Further, Staff has requested a CMU wall with landscaping to be erected on the western boundary of the project site along Claus Road, in place of the wood fence with no landscaping as was originally proposed.

Per Riverbank Municipal Code section 153.161 (A), no combination of parcels less than one (1) acre in size may be rezoned PD. The parcel proposed for development in this project totals approximately 4.56 acres. Therefore, the project meets this requirement.

Rezone Findings
The City Council may approve, conditionally approve, or deny the rezone to PD. To approve, the project must meet the required findings of fact:

1. Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.

The development could be built in stages and exist as independent units capable of creating a good environment.

2. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect.

The site is currently undeveloped land. A new subdivision will reduce any blighted conditions on the property as well as add to the diverse housing stock the City has to offer to potential new residents.

3. Any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offers certain redeeming features to compensate for any deviations that may be permitted.

Amenities proposed by the developer and staff for the deviations from R-1 include upgraded garage doors, decorative garage lighting, and a combination of a sixfoot and seven-foot-tall CMU wall along the boundary of the proposed project in place of wood fence.

Page 6 of 10 ends

Item 10.2 – CC/LRA 10/08/2024

4. The principles incorporated in the proposed plans identify unique characteristics which could not otherwise be achieved under other zoning districts.

Smaller lots could not be achieved under other zoning districts; hence, the zone change to accommodate the more compact housing subdivision proposal.

5. Where a PD rezone is initiated by the City, the previous findings are not required.

This PD was not initiated by the City.

C. Tentative Subdivision Map
A rezone to Planned Development must be approved by the City Council before a Tentative Map on that property can be approved.

Tentative Subdivision Map 01-2024 (Attachment 3 Exhibit A) proposes forty-seven (47) small buildable lots for a single-family residential subdivision. The lot sizes are below the R-1 standard size of 6,000 square feet; therefore, the Applicant is requesting approval for a rezone to PD which accommodates the proposed lot sizes. The lots range in size from 3,191± sq. ft. to 6,153± sq. ft. All proposed streets are designed to accommodate City low-impact design standards as well as to encourage Complete Streets for vehicles as well as pedestrians.

The applicant will be required to connect to the Diamond Bar East storm drain basin to ensure adequate site drainage. This existing Diamond Bar East basin is expected to manage the storm water for all interior streets and lots per City Standards. The City has developed LID guidelines due to storm water discharge standards implemented by the State of California through the MS4 permit process. The proposed project embraces the City’s and State’s LID guidelines.. The proposed Project is required to annex into the City of Riverbank’s Community Facilities District (CFD) 2016-01 for the future maintenance of the storm water system as well as the streets, waste water, and water systems.

Per RMC section 152.026 (L) all new street names shall be approved by City Council.

Duplication of existing names within the County will not typically allowed unless the proposed streets are in alignment with existing streets and likely to be a continuation of the other street. Staff has coordinated the proposed street names with Stanislaus Regional 911 in order to verify the names are acceptable. In a response received on July 17, 2024, Stanislaus Regional 911 indicated that all street names proposed are acceptable.

Tentative Subdivision Map Findings
Tentative Subdivision Map 01-2024 may be approved or conditionally approved by the City Council if it makes all of the following findings:

1. The proposed map is consistent with applicable general and specific plans.

Page 7 of 10 ends

Item 10.2 – CC/LRA 10/08/2024
The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted as they relate to connectivity, sidewalks, and the provision of amenities.

3. The site is physically suitable for the type of development.

The Heritage II site is suitable for a new subdivision of this type and is an extension of Heritage I and additional residential housing in the area as Diamond Bar East and Diamond Bar West are located north of the the project.

4. The site is physically suitable for the proposed density of the development (11.2 dwelling units per net acre are proposed).

The site is physically suitable for a proposed density of between eight (8) and sixteen (16) dwelling units per net acre.

5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats.

The design of the subdivision should not injure fish, wildlife, or their habitats, none of which are present on the site.

6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

There is nothing in the design of the subdivision or proposed improvements that should cause serious health problems.

7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. This division shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction.

The design of the subdivision should not conflict with any easements of record. The map was reviewed by the Oakdale Irrigation District.

Page 8 of 10 ends

Item 10.2 – CC/LRA 10/08/2024
D. Architecture and Site Plan Review
Site Design
The design of the project as proposed is a small lot, compact, detached singlefamily residential subdivision. The Project is intended to be the second phase of the Heritage subdivision already constructed directly east of the Project site. The proposed lot sizes vary in range. The typical minimum interior lot size dimensions are 40 feet by 80 feet. The typical minimum corner lot size dimensions are 65 feet by 50 feet. The minimum lot size proposed for the subdivision is 3,191 square feet and the maximum lot size proposed is 6,153 square feet.

Architecture and Design Guidelines
There are two (2) floor plan models, two (2) architecture types: Spanish and Traditional, and six (6) color schemes (Attachment 4 Exhibit B). The table below provides information on the models, types, and color schemes.

Model Number /
Total Square Feet
Stories Bedrooms Bathrooms Amenities (all models)

1. 1583 sf 23 2.5 The developer is providing the
following amenities: decorative
garage doors, decorative garage
lights, and pavers or colored
pavement at crosswalks

2. 1855sf 2 4 3
garage doors, decorative garage
lights.

The color palettes proposed:

Scheme 2A
Spanish – Plan 1
Scheme 4A
Spanish – Plan 1
Scheme 9A
Spanish – Plan 1
Scheme 3B
Traditional –
Plan 2
Scheme 6B
Traditional
– Plan 2
Scheme 7B
Traditional
– Plan 2
Comp
Roof Golden Amber Copper Canyon Hickory Sage Wood Stone Gray Charcoal Tile Roof
------ ------ ----- ----- ----- ------
Main Body Medici Ivory Pure White Divine White Stucco Aged White Skyline Steel Siding Tan Tony Taupe Manor House Sommelier Homburg
Gray
Gauntlet
Gray
Trim
Tan Tree Branch Moth Wing Tavern Taupe Hardware
High
Reflective
White
Front Door Sable Tree Branch Rockwood Red Deep Forest
Brown Saddle Up Stolen Kiss
Shutters Secret Garden Still Water Rockwood Red ----- ------ -----

Page 9 of 10 ends

Item 10.2 – CC/LRA 10/08/2024

1. Porches, Entries, and Windows – A clear sense of entry and design interest to a home is provided through the inclusion of architectural elements that contribute to a sense of place and activity. Each of the two (2) floor plans include a small front porch. In addition, all have a foyer or entry hall at the front door. Large front facing windows provide “eyes on the street” for security.

2. Garage Frontage and Placement – Each dwelling unit has two (2) covered spaces in the garage. The garage placements are varied to prevent monotonous streetscapes.

3. Driveways and Parking – As noted above, there are two (2) parking spaces in each garage. All driveways have room to park two (2) vehicles and still provide clearance for the public sidewalk. Street parking is permitted.

4. Fence and Wall Features – The designs of walls and fences, as well as the materials used, should be consistent with the overall development’s design. Fence and wall color should be compatible with the development and adjacent properties.

5. Landscaping – Front yard, basin, and any common area landscape and irrigation plans will be reviewed and approved as a Condition of Approval. The City currently contracts with a landscape architect for those approvals upon application by the developer. Per the City of Riverbank Standard Conditions, Resolution 2013-014 #22, if the Project is a Planned Development, the Project shall contain appropriate provisions for joint maintenance of any infrastructure, roadways, utilities, landscaping and irrigation as determined necessary by the City Engineer. The property is required to annex into the City’s Community Facilities District – CFD 2016-01.

PARK-IN-LIEU FEE
Pursuant to RMC Section 153.164 (Q), the Project has an obligation to dedicate park land or pay a park-in-lieu fee. The obligation for this Project will be determined at the Final Map Stage and will most likely involve payment of the required park-in-lieu fee.

ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act, the proposed Project is exempt from futher environmental analysis pursuant to CEQA Guidelines Section 15061 (b)(3), Common Sense Exemption.

FISCAL IMPACT
The Project includes the development of a subdivision on existing undeveloped land. The fiscal impacts associated with providing municipal services to new residential projects will be partially off-set by the funds generated through CFD 2016-01. Street lighting, road

Page 10 of 10 ends

Item 10.2 – CC/LRA 10/08/2024
maintenance, storm drainage maintenance, common area landscaping, and police services will be funded through the implementation of CFD 2016-01. In light of the obligation to participate in the above mentioned Community Facilities Districts, the Project is unlikely to negatively impact the City’s finances.

STRATEGIC GOALS
The City’s Strategic Planning Session is a plan and set of goals that the City will work towards for the next three years. This project works toward the goals of “achieving and maintaining financial stability” and “maintain and improve the City infrastructure systems.”

PUBLIC NOTICE
On September 20, 2024, public notices for the public hearing were mailed to interested parties and property owners within 300 feet of the project location. The notice was posted on the City’s website and physically posted at City Hall North, South, the post office and sent to the library on September 20, 2024.

ATTACHMENTS

1. City Council Resolution 2024-xxx General Plan Amendment

2. City Council Ordinance 2024-xxx Rezone

3. City Council Resolution 2024-xxx Tentative Subdivision Map Exhibit A – Tentative Subdivision Map 01-2024

4. City Council Resolution 2024-xxx Architectural and Site Plan Review Exhibit B – Elevations and Floor Plans

5. Planning Commission Resolutions 2024-005, 2024-006, and 2024-007

Page 1 of 2 ends

CC/LRA 10/8/2024
CC Resolution 2024-XXX

CITY OF RIVERBANK
RESOLUTION 2024-XXX

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

CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT
REDESIGNATING 5.9± ACRES TO MEDIUM DENSITY RESIDENTIAL (MDR), LOCATED AT 6448 CLAUS ROAD (APN 062-039-048)

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

5.9± acres from Community Commercial (“C/C”) to Medium Density Residential (“MDR”, density of 8-16 units per net acre); and
WHEREAS, the City of Riverbank Planning Commission conducted a Hearing on September 17, 2024 to take public comment, consider the proposed General Plan Amendment, and make a recommendation to City Council; and WHEREAS, the Planning Commission after considering public comment voted 5- 0 to recommend to the City Council that they approve the General Plan Amendment request; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the General Plan Amendment was published in the Riverbank News, a newspaper of general circulation on September 20, 2024; and WHEREAS, notices of the City Council public hearing on the General Plan Amendment were also mailed to all property owners within 300 feet of the property, according to the most recent Assessor’s roll on September 20, 2024; and WHEREAS, all other legal perquisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES HEREBY FIND:

1. General Plan Amendment Findings. That pursuant to California Government Code sections 65358 and the Riverbank General Plan, the City Council finds as follows:

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA 10/8/2024
CC Resolution 2024-XXX
a. The General Plan Amendment is in the public interest because the General Plan Amendment will change the General Plan Land Use Map to comply with the proposed rezone.
b. The General Plan Amendment is consistent and compatible with the goals and the vast majority of the policies of the General Plan. c. The proposed amendment has been evaluated under CEQA and the Project is exempt pursuant to CEQA Guidelines 15061(b)(3), Common Sense Exemption.
d. That the proposed amendment has been processed in accordance with the California Government Code, the Riverbank Municipal Code and the California Environmental Quality Act.

2. That, based on the findings set forth in this Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearings on this matter before the City Council, the City Council hereby approves the General Plan Amendment and CEQA Exemption.

3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8th day of October 2024; motioned by Councilmember ______, seconded by Councilmember ___________, and upon roll call was carried by the following vote of __/__:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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

Page 1 of 3 ends

CC/LRA- 10/08/2024 & 10/22/2024
CC Ordinance 2024-

CITY OF RIVERBANK
ORDINANCE 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING THE REZONING OF 5.9± ACRES TO PLANNED DEVELOPMENT (PD), LOCATED AT 6448 CLAUS ROAD (APN: 062-039-048)

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

WHEREAS, a General Plan Amendment, Rezone, Vesting Tentative Map and Architecture and Site Plan Review application has been received from Summerfaire Commerce Center, LLC (“Summerfaire”) with a request to rezone approximately 5.9± acres from a Planned Development zone (Commercial) to a new Planned Development zone (Residential); and
WHEREAS, the project site is currently zoned Planned Development (PD) with a General Plan Land Use designation of Community Commercial (C/C); and WHEREAS, the applicant is proposing to rezone the property to a new Planned Development (PD Residential) from an existing Planned Development (PD Commercial); and
WHEREAS, the City of Riverbank Planning Commission conducted a Public Hearing on Tuesday, September 17, 2024, to consider this proposed Rezone Ordinance (the “Rezone Ordinance”) and recommended approval with a 5-0 vote; and WHEREAS, the City Council held a properly noticed public hearing on the proposed Rezone Ordinance, and considered the Planning Commission recommendations, and any public comments and all documents or testimony received; and
WHEREAS, the City Council for the City of Riverbank has made the following findings for adoption:

1. Pursuant to California Government Code Section 65855, the recommendation to City Council shall include the relationship to the applicable general or specific plan. a. The property identified in this action has a General Plan Land Use Designation of Community Commercial (CC) and is zoned Planned Development (PD). The project proposes a Rezone to a new Planned Development (PD) to allow for Residential uses.

ATTACHMENT 2

Page 2 of 3 ends

CC/LRA- 10/08/2024 & 10/22/2024
CC Ordinance 2024-
b. The proposed Rezone to PD, in conjunction with the proposed General Plan Amendment (GPA), will continue the consistency between the General Plan and Zoning Code, pursuant to Government Code Section 65860.

2. Each individual unit of the development can be built in stages, as well as the total development, and can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.

3. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect.

4. Deviations from the standard ordinance requirements is warranted and additional amenities are incorporated in the development which offer certain redeeming features to compensate for any deviations that may be permitted.

5. The principles incorporated in the proposed development identify unique characteristics which could not otherwise be achieved under other zoning districts.

6. The PD rezone was not initiated by the City, so the findings above are required.

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

Section 1: The City Council of the City of Riverbank approves rezoning 5.9± acres to a new Planned Development zone for property located at 6448 Claus Road, APN: 062-039- 048 to make the subject property consistent with the proposed General Plan Land Use Designation of Medium Density Residential (MDR).

Section 2: The City Clerk is hereby directed to cause the Official Zoning Map of the City of Riverbank to be revised to reflect the rezoning approved by this ordinance.

Section 3: Constitutionality, 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 invalid or 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 invalid or unconstitutional.

Page 3 of 3 ends

CC/LRA- 10/08/2024 & 10/22/2024
CC Ordinance 2024-
Section 4: This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.

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 October 8, 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:

ABSTAIN:

ATTEST: APPROVED:
______________________ __________________
Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
_______________________
Tom P. Hallinan
City Attorney

Page 1 of 4 ends

CC/LRA- 10/08/2024
CC Resolution 2024-xxx

CITY OF RIVERBANK
RESOLUTION 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING VESTING TENTATIVE MAP 01-2024 TO SUBDIVIDE 5.9± ACRES FOR THE HERITAGE II SUBDIVISION, LOCATED AT 6448 CLAUS ROAD (APN 062-039-048)

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

WHEREAS, a General Plan Amendment, Rezone, Tentative Subdivision Map, and Architecture and Site Plan Review application has been received from Summerfaire Commerce Center, LLC with a request for a Tentative Subdivision Map to divide approximately 5.9± acres into forty-seven (47) Planned Development single family residential lots, and more particularly described as Stanislaus County Assessor Parcel Number 062-039-048; and
WHEREAS, the City Subdivision Ordinance, Section 152.037, states that as a condition of approval of a tentative map, the subdivider shall dedicate and develop parkland, pay a fee in lieu thereof, or both, at the option of the City. In this case the determination of parkland dedication or a fee in lieu of will occur at the Final Map stage based on values of land at the time the Final map is recorded; and WHEREAS, the proposed Tentative Subdivision Map is consistent with the following General Plan policies discussed in the staff report: Policy Design 2.7, Policy Design 3.1, and Policy Design 3.2; and
WHEREAS, the proposed subdivision is located on land that is within the City limits of the City of Riverbank and is within an area anticipated for urban land uses; and
WHEREAS, the City of Riverbank Planning Commission conducted a public hearing on September 17, 2024 to take public comment, consider Tentative Subdivision Map 01-2024, and make a recommendation to City Council; and WHEREAS, the Riverbank Planning Commission w i t h a v o t e o f 5 - 0 recommended approval of Tentative Subdivision Map 01-2024 dated September 17, 2024, prepared by Associated Engineering Group, and modified by adopted Conditions of Approval, and incorporated herein as a part of this City Council Resolution; and ATTACHMENT 3

Page 2 of 4 ends

CC/LRA- 10/08/2024
CC Resolution 2024-xxx
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the Tentative Subdivision Map was published in the Riverbank News, a newspaper of general circulation on September 20, 2024; and WHEREAS, notices of the City Council public hearing on the Tentative Subdivision Map were also mailed to all property owners within 300 feet of the property, according to the most recent Assessor’s roll on September 20, 2024; and WHEREAS, The City Council of the City of Riverbank hereby finds and adopts the following findings:

1. The proposed map is consistent with applicable general and specific plans.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

3. The site is physically suitable for the type of development.

4. The site is physically suitable for the proposed density of the development.

5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats.

6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. In this connection, the City Council may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This division shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction.

Whereas, Tentative Subdivision Map 01-2024 is hereby approved, subject to and modified by the following conditions:

1. Applicant shall comply with the City of Riverbank Standard Conditions as contained in Planning Commission Resolution 2013-014, including annexing into Community Facilities District 2016-01, or receive confirmation from the Community Development Director that a specific condition or conditions does not apply to the subject project; and

2. The Teak Street at Claus Road intersection shall be a right turn in and right turn out. An intersection control island (pork chop) shall be installed to eliminate any potential left turn movements; and

3. All City standard conditions of approval shall apply; and

Page 3 of 4 ends

CC/LRA- 10/08/2024
CC Resolution 2024-xxx

4. Each lot shall be connected to City water with water meters and back flow preventers; and

5. Each lot shall be connected to City sewer with clean outs at the property lines; and

6. Storm inlets shall have storm filters; and

7. The storm drain system shall be designed to City standards; and

8. A soils report is required; and

9. A complete set of landscape plans conforming to the state’s MWELO requirements is required prior to final map; and

10.The City’s Post Construction Standards Plan needs to be followed including DMA’s LID standards, and the required worksheets located in the Appendix of the document. The document is available on the City’s website; and

11.No access to lots 1-3 and 47 from Claus Road will be allowed and needs to be restricted on the final map; and

12.Pedestrian access from the end of Cocobolo Court to Sierra Street shall be constructed; and

13. Install a four way stop intersection at Cervi Road and Sierra Street.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Tentative Subdivision Map Application No. 01-2024 is approved, subject to those conditions established by Resolution No. 2024-xxx and to be built as illustrated in Exhibit A to this Resolution entitled Tentative Subdivision Map, The Heritage Collection Phase 2, dated August 28, 2024.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8th day of October 2024; motioned by Councilmember _____, seconded by Councilmember _________, and upon roll call was carried by the following vote of __/__:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Page 4 of 4 ends

CC/LRA- 10/08/2024
CC Resolution 2024-xxx
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez,CMC Richard D. O’Brien
City Clerk Mayor
Exhibit A –Tentative Subdivision Map 01-2024
DRAWN BY:

DATE:SCALE:DWG:CHECKED:

SHEET
OF

REVISION DATE DESCRIPTION BY
JOB #:

EXHIBIT A

Page 1 of 3 ends

CC/LRA 10/08/2024
CC Resolution 2024-xxx

CITY OF RIVERBANK
RESOLUTION 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING ARCHITECTURAL AND SITE PLAN REVIEW APPLICATION NO. 06-2024 FOR HERITAGE II SUBDIVISION, LOCATED AT 6448 CLAUS ROAD (APN: 062-039-048)

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

WHEREAS, a General Plan Amendment, Rezone, Tentative Subdivision Map and Architecture and Site Plan Review application has been received from Summerfaire Commerce Center, LLC with a request for an Architecture and Site Plan Review for the forty-seven (47) Planned Development single family residential homes, and more particularly described as Stanislaus County Assessor Parcel Number 062- 039-048; and
WHEREAS, the Planning Commission held a public hearing on September 17, 2024, to consider Architecture and Site Plan Review 06-2024 and take public comment; and
WHEREAS, the architectural review of structures for a subdivision is not a Project pursuant to CEQA Guidelines; and
WHEREAS, the Riverbank Planning Commission made the following findings:

1. The proposed project, together with the provisions for its design and improvements, is consistent with the goals, policies, program and uses of the General Plan.

2. The proposed Architecture and Site Plan Review along with the Conditions of Approval is in conformity with both the intent and provisions of the Zoning Ordinance, Title 153, of the City of Riverbank Code of Ordinances.

WHEREAS, the proposed project is consistent with the following aspects of the General Plan:

1. Policy Design-3.2: Approved plans, projects, and subdivision requests shall provide residential site and building design that contributes to an attractive pedestrian friendly environment along neighborhood streets.

ATTACHMENT 4

Page 2 of 3 ends

CC/LRA 10/08/2024
CC Resolution 2024-xxx

2. Policy Design-4.2: Approved projects, plans and subdivisions shall provide diversity among dwelling units in the use of color, building materials, floor plan lay-outs, square footages, and roof-lines. Approved projects, plans, and subdivision requests shall maintain continuity of a few overall urban design features to provide context between individual units and the neighborhood.

3. Policy Design-5.2: The City will encourage the use of porches, stoops, and other elements that provide a place to comfortably linger and thereby “provide eyes on the street,” helping to maintain a sense of security within neighborhoods.

WHEREAS, the Riverbank Planning Commission w i t h a v o t e o f 5 - 0 recommended approval of Architecture and Site Plan Review 06-2024 and modified by adopted Conditions of Approval, and incorporated herein as a part of this City Council Resolution; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the Architecture and Site Plan Review was published in the Riverbank News, a newspaper of general circulation on September 20, 2024; and WHEREAS, notices of the City Council public hearing on the Architecture and Site Plan Review were also mailed to all property owners within 300 feet of the property, according to the most recent assessor’s roll on September 20, 2024; and WHEREAS, the plans and elevations of Summerfair Commerce Center, LLC are hereby granted and approved, subject to the following conditions:

1. Applicant shall comply with the City of Riverbank Standard Conditions as contained in the Planning Commission Resolution 2013-014 and/or receive confirmation from the Community Development Director that a specific condition or conditions does not apply to the project;

2. The applicant shall build the entire project according to the floor plans and elevations dated June 26, 2024 and on file with the Community Development Department and as presented to the Planning Commission as part of this action;

3. The Community Development Director shall approve block walls and fencing;

4. An application, plans, and current fee shall be submitted for the approval of landscaping and irrigation;

5. The Subdivision Improvement Agreement shall be signed and submitted to the Community Development Director before Final Map adoption;

6. CC&R documents, if used, shall be submitted to the Community Development Director for staff and City Attorney review and approval. The CC&Rs shall prohibit

Page 3 of 3 ends

CC/LRA 10/08/2024
CC Resolution 2024-xxx
Recreational Vehicle (RV) parking in driveways and mobile basketball hoops from streets, sidewalks, and any common areas. Property owners shall be responsible for the maintenance and replacement of their walls and fences, including graffiti;

7. Street names shall not be final until Final Map adoption; and

8. Any subdivision signage shall be approved under separate permit.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Architecture and Site Plan Review Application No. 06-2024 is approved, subject to those conditions established by Resolution No. 2024-XXX and to be built as illustrated in Exhibit B to this Resolution.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8th day of October 2024; motioned by ______, seconded by ________, and upon roll call was carried by the following vote of __/__:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez,CMC Richard D. O’Brien
City Clerk Mayor
Exhibit B – Elevations and Floor Plans
PLAN 1583 PLAN 1859
Cover Sheet ..............................................CS Architecture
Plan 1583 Floor Plans ............................... A1.1 Plan 1583 Roof Plans ............................... A1.2 Plan 1583 Front Elevations ........................ A1.3 Plan 1583 Elevation 'A' Spanish................. A1.4
Plan 1583 Elevation 'E' Traditional.............. A1.5
Plan 1874 Floor Plans ............................... A2.1 Plan 1874 Roof Plans ............................... A2.2 Plan 1874 Front Elevations ........................ A2.3 Plan 1874 Elevation 'A' Spanish ................. A2.4
Plan 1874 Elevation 'E' Traditional .............. A2.5 Exterior Color & Materials....................... CM1.1 Exterior Color & Materials....................... CM1.2 HERITAGE ll
Sheet Index
City of Riverbank, California 95367
Project Information
Single Family Detached
Building Type: V-B
Occupancy: R3
Plans: 1583 & 1874
Elevation Styles: Spanish & Traditional
Lots: 47
Project Team:

June 26, 2024
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
Applicant: D.R. Horton
3000 Executive Parkway, Suite 100
San Ramon, CA 94582
Contact: Adam Lind
925.459.4134
Architect: WHA Architects
5000 Executive Parkway, Suite 375
San Ramon, CA 94582
Contact: Mark Retherford
925.463.1700 CS
Note: Artist’s Conception; Colors, Materials
And Application May Vary.

EXHIBIT B
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A1.1

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 20'-0"x20'-O" CLEAR SPACE
2 BAY
GARAGE
CONC.

UP
15R
ENTRY
CLG. HGT. VOL.

POWDER
CLG. HGT. VAR.

KITCHEN
CLG. HGT. 8'-1"
GREAT
ROOM
CLG. HGT. 8'-1"
14'-8" X 14'-3" 30 SC 68
6068 TEMP. GL. SLIDER
2030 SH
TEMP. GL.
2030 SH 16'-0" x 7'-0" SECT. GAR. DOOR
4030 SL
4040 SL 4040 SL
W/H
2868
2868
2868
2868
35'-6" 5'-0"
40'-6"
30'-0"
40'-6"
35'-6" 5'-0"
11'-0" 19'-0"
30'-0"
PORCH
9'-1" CLG. (STUCCO)
CONC.

DN
15R
SERV.

CLG. HGT. 8'-1"
W.I.C.

CLG. HGT. 8'-1"
BATH 1
CLG. HGT. 8'-1"
BATH 2
CLG. HGT. 8'-1"
BDRM. 1
CLG. HGT. 8'-1"
13'-0" X 13'-2"
BDRM. 3
CLG. HGT. 8'-1"
10'-1" X 10'-1"
BDRM. 2
CLG. HGT. 8'-1"
10'-1" X 10'-0"
4040 SL
FX 2030
LOFT
CLG. HGT. 8'-1"
10'-3" X 13'-5"

OPEN TO
BELOW
2030 SH
4040 SL 2030 SH 4040 SL
FX
TEMP. GL.
2030
2030 FX 4040 SL
4040 SL
FX 2030
2868
2868
3068
2868
2868
3068
2868
5068 BI-PASS
5068 BI-PASS
37'-6"
30'-0"
37'-6"
35'-6" 2'-0"
19'-4" 10'-8"
30'-0"
3'-0"
C 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2022294 | 06-23-23

HERITAGE

RIVERBANK, CA
0 2 4 8
PLAN 1583
1,583 SF
3 Bdrm|2.5 Bath
2-Car Garage
A1.1
Second Floor 946 SF First Floor 637 SF
HERITAGE ll
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
HERITAGE ll
A1.2

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 4:12
4:124:12
VALLEY
RIDGE
VALLEY
4:12
4:12
RIDGE
4:12
RIDGE
5:12
HIP
HIP
HIP
HIP
VALLEY
RIDGE
5:12
5:12
5:125:12
5:12
5:12
RIDGE
R
C 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2022294 | 06-23-23

HERITAGE

RIVERBANK, CA
0 2 4 8
A1.2
A - Spanish Elevation E - Traditional Elevation
PLAN 1583
Roof Plans
PLAN 1583
Roof Plans
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A1.3

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1583
Front Elevations
HERITAGE ll
A - Spanish Elevation E - Traditional Elevation
Color Scheme 2A Color Scheme 3B
Note: Artist’s Conception; Colors, Materials
And Application May Vary.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
HERITAGE ll
A1.4

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1583
A - Spanish Elevation
Right Elevation Rear Elevation
Left Elevation Front Elevation
Exterior Materials:

A - Spanish Elevation
1 Roof: Low Profile Concrete Tile Roofing
2 Stucco: Lightlace Finish
3 Windows: Insulated Vinyl
4 Garage Door: Metal Sectional Roll-Up
5 Entry Door: Fiberglass
6 Shutters: Decorative Foam
7 Gable Pipes: Decorative Foam
8 Light Fixture
9 Address Light
7 3
1 6
2 5
8 9
4 ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
HERITAGE ll
A1.5

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1583
E - Traditional Elevation
Right Elevation Rear Elevation
Left Elevation Front Elevation
Exterior Materials:

E - Traditional Elevation
1 Roof: Flat Concrete Tile Roofing
2 Stucco: Lightlace Finish
3 Lap Siding: Fiber Cement
4 Windows: Insulated Vinyl
5 Garage Door: Metal Sectional Roll-Up
6 Entry Door: Fiberglass
7 Light Fixture
8 Address Light
3 1
4 2
6 7
8 5
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A2.1

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 20'-0"x20'-O" CLEAR SPACE
16'-0" x 7'-0" SECT. GAR. DOOR

COVERED
ENTRY
8'-1" STUCCO CLG.

ENTRY
CLG. HGT. 8'-1"
2 BAY
GARAGE
EAT-IN

KITCHEN
CLG. HGT. 8'-1"
BATH 3
CLG. HGT. 8'-1"
48'-0"
30'-0"
33'-0"
15'-0" 15'-0"
30'-0"
9'-0"
20'-8"
48'-0"
21'-0"
6'-0" 4'-6" 4'-6"
27'-4"
GREAT
ROOM
CLG. HGT. 8'-1"
14'-3" X 13'-8"
BDRM. 4
CLG. HGT. 8'-1"
11'-4" X 10'-0"
UP
17R
6068 TEMP. GL. SLIDER
4030 SL 4040 SL
4040 SL 4040 SL
2030 FX
FSR
W/H
30 SC 68
2868
28 SC 68
3068
3068
2868
5068 BI-PASS
DN
17R
BATH 1
CLG. HGT. 8'-1"
W.I.C.

CLG. HGT. 8'-1" SERV.

CLG. HGT. 8'-1" BATH 2
CLG. HGT. 8'-1"
48'-0"
30'-0"
33'-0"
15'-0" 15'-0"
30'-0"
9'-0"
36'-6"
48'-0"
10'-71
2 "
4'-6" 6'-0" 4'-6"
4'-6"
10'-41
2 "
6'-0" 1'-0"
BDRM. 1
CLG. HGT. 8'-1"
13'-0" X 13'-2"
BDRM. 3
CLG. HGT. 8'-1"
10'-0" X 10'-0"
BDRM. 2
CLG. HGT. 8'-1"
10'-4" X 10'-0"
LOFT
CLG. HGT. 8'-1"
9'-11" X 10'-8"
2030 FX
FX
TEMP. GL.
2030 FX 2030 2030 SH
2030
TEMP. GL.

SH
4040 SL 4040 SL 4040 SL
60"x42"
2868
2868
2868
2868
2868
2868
2868
5068 BI-PASS
5068 BI-PASS
4040 SL
4040 SL
C 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2022294 | 06-23-23

HERITAGE

RIVERBANK, CA
0 2 4 8
PLAN 1874
1,855 SF
4 Bdrm|3 Bath|Loft
2-Car Garage
A2.1
Second Floor 1,008 SF First Floor 847 SF
HERITAGE ll
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
HERITAGE ll
A2.2

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 4:12
4:12
4:12
4:12
4:12
5:12
5:12
5:12
5:12
4:12
5:12
5:12
5:12
4:12
HIP
HIP
HIP
HIP
HIP
VALLEY
HIP
R
RIDGE
HIP
HIP
HIP

VALLEY RIDGE
RIDGE
V
4:12
4:12
4:12
4:124:12
RIDGE
VALLEY
RIDGE
RIDGE
4:12
VALLEY
R
4:12
4:12
4:12
C 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2022294 | 06-23-23

HERITAGE

RIVERBANK, CA
0 2 4 8
A2.2
A - Spanish Elevation E - Traditional Elevation
PLAN 1874
Roof Plans
PLAN 1874
Roof Plans
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
HERITAGE ll
A2.3

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1874
Front Elevations
Note: Artist’s Conception; Colors, Materials
And Application May Vary.

A - Spanish Elevation E - Traditional Elevation
Color Scheme 9A Color Scheme 7B-2
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A2.4

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1874
A - Spanish Elevation
Right Elevation Rear Elevation
Left Elevation Front Elevation
Exterior Materials:

A - Spanish Elevation
1 Roof: Low Profile Concrete Tile Roofing
2 Stucco: Lightlace Finish
3 Windows: Insulated Vinyl
4 Garage Door: Metal Sectional Roll-Up
5 Entry Door: Fiberglass
6 Shutters: Decorative Foam
7 Gable Pipes: Decorative Foam
8 Light Fixture
9 Address Light
3 7
6 1
2 5
8 9
4 HERITAGE ll
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A2.5

RIVERBANK, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 PLAN 1874
E - Traditional Elevation
Right Elevation Rear Elevation
Left Elevation Front Elevation
Exterior Materials:

E - Traditional Elevation
1 Roof: Flat Concrete Tile Roofing
2 Stucco: Lightlace Finish
3 Lap Siding: Fiber Cement
4 Windows: Insulated Vinyl
5 Garage Door: Metal Sectional Roll-Up
6 Entry Door: Fiberglass
7 Light Fixture
8 Address Light
2 1
3 6
7 8
4 5
HERITAGE ll
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CM1.1

RIVERBANK, CA
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 Exterior Color & Materials
A - Spanish Elevation

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 1 OF 6
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials
SCHEME 2A ‘A’ ELEVATIONS ONLY, SPANISH
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Golden Amber
Timberline HDZ Series
Ref: .20 Emi: .92 A.SRI: 22
CRRC: 0676-0098
1 GAF
Gutters & Downspouts (factory finish) Beaver Brown Custom-Bilt Metals Stucco (lightlace finish) SW 7558
Medici Ivory Sherwin Williams
Trim Color #1 (applied to):

Garage Door
Trim
SW 6144
Dapper Tan Sherwin Williams
Trim Color #2 (applied to):

Fascia
Front Door
SW 6083
Sable Sherwin Williams
Accent Color (applied to):

Shutters
SW 6181
Secret Garden Sherwin Williams
Prefab Pipes @ Gables SW 7705 Wheat Penny Sherwin Williams Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials
‘A’ ELEVATIONS ONLY, SPANISH

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 3 OF 6
SCHEME 9A
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Hickory
Timberline HDZ RS Series
Ref: .18 Emi: .91 A.SRI: 17
CRRC: 0676-0136a
1 GAF
Gutters & Downspouts (factory finish) Bronze Custom-Bilt Metals Stucco (lightlace finish) SW 6105
Divine White Sherwin Williams
Trim Color #1 (applied to):

Fascia
Garage Doors
Prefab Pipes @ Gables
SW 7505
Manor House Sherwin Williams
Trim Color #2 (applied to):

Trim
SW 9174
Moth Wing Sherwin Williams
Accent Color (applied to):

Front Door
Shutters
SW 2802
Rookwood Red Sherwin Williams
Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials
‘A’ ELEVATIONS ONLY, SPANISH

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 2 OF 6
SCHEME 4A
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Copper Canyon
Timberline HDZ Series
Ref: .17 Emi: .92 A.SRI: 17
CRRC: 0676-0097
1 GAF
Gutters & Downspouts (factory finish) Woodbeige Custom-Bilt Metals Stucco (lightlace finish) SW 7005
Pure White Sherwin Williams
Trim Color #1 (applied to):

Garage Door
Trim
SW 7038
Tony Taupe Sherwin Williams
Trim Color #2 (applied to):

Fascia
Front Door
SW 7525
Tree Branch Sherwin Williams
Accent Color (applied to):

Shutters
SW 6223
Still Water Sherwin Williams
Prefab Pipes @ Gables SW 7705 Wheat Penny Sherwin Williams Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
‘A’ Elevations Only
Spanish
SCHEME 9A

SHUTTERS
FRONT
DOOR
TRIM
GARAGE
DOOR
PREFAB
PIPES @
GABLES
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
‘A’ Elevations Only
Spanish
SCHEME 2A
PREFAB
PIPES @
GABLES

SHUTTERS
FRONT
DOOR
GARAGE
DOOR
TRIM
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
‘A’ Elevations Only
Spanish
SCHEME 4A
GARAGE
DOOR
TRIM
FRONT
DOOR
PREFAB
PIPES @
GABLES

SHUTTERS
Note: DRH 2022 Schemes
HERITAGE ll
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CM1.2

RIVERBANK, CA
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2022294 | 06-26-24 Exterior Color & Materials
E - Traditional Elevation
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 4 OF 6
SCHEME 3B ‘E’ ELEVATIONS ONLY, TRADITIONAL
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Sagewood
Timberline HDZ RS Series
Ref: .19 Emi: .91 A.SRI: 19
CRRC: 0676-0132a
1 GAF
Gutters & Downspouts (factory finish) Bronze Custom-Bilt Metals Stucco (lightlace finish) SW 7569
Stucco Sherwin Williams
Siding Color (applied to):

Corner Boards
Lap Siding
SW 7595
Sommelier Sherwin Williams
Trim Color (applied to):

Fascia
Garage Door
Railing
Trim
SW 7508
Tavern Taupe Sherwin Williams
Accent Color (applied to):

Front Door
SW 9175
Deep Forest Brown Sherwin Williams
Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 6 OF 6
SCHEME 7B-2 ‘E’ ELEVATIONS ONLY, TRADITIONAL
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Charcoal
Timberline HDZ RS Seriwes
Ref: .16 Emi: .92 A.SRI: 16
CRRC: 06760136a
1 GAF
Gutters & Downspouts (factory finish) Low Gloss White Custom-Bilt Metals Stucco (lightlace finish) SW 1015
Skyline Steel Sherwin Williams
Siding Color (applied to):

Corner Boards
Lap Siding
SW 7019
Gauntlet Gray Sherwin Williams
Trim Color (applied to):

Fascia
Garage Door
Railing
Trim
SW 7757
High Reflective White Sherwin Williams
Accent Color (applied to):

Front Door
SW 7586
Stolen Kiss Sherwin Williams
Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 4/19/23 Roofing updated to GAF composition shingles.

Exterior Color & Materials

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 4, 2023 | 2022294
PAGE 5 OF 6
SCHEME 6B-2 ‘E’ ELEVATIONS ONLY, TRADITIONAL
Material Color Manufacturer
Roofing: 1
Composition Shingles
1 Stone Gray
Timberline HDZ RS Series
Ref: .18 Emi: .92 A.SRI: 19
CRRC: 0676-0137a
1 GAF
Gutters & Downspouts (factory finish) Bronze Custom-Bilt Metals Stucco (lightlace finish) SW 9180
Aged White Sherwin Williams
Siding Color (applied to):

Corner Boards
Lap Siding
SW 7622
Homburg Gray Sherwin Williams
Trim Color (applied to):

Fascia
Garage Door
Railing
Trim
SW 6172
Hardware Sherwin Williams
Accent Color (applied to):

Front Door
SW 9099
Saddle Up Sherwin Williams
Garage Man Door Match Stucco Color Sherwin Williams
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
FRONT
DOOR
‘E’ Elevations Only
Traditional
SCHEME 7B-2
LAP
SIDING
TRIM
GARAGE
DOOR
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
FRONT
DOOR
TRIM
LAP
SIDING
‘E’ Elevations Only
Traditional
SCHEME 3B
GARAGE
DOOR
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

THE HERITAGE COLLECTION
Riverbank, California
D.R. HORTON
April 19, 2023 | 2022294
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
FASCIA
STUCCO
‘E’ Elevations Only
Traditional
SCHEME 6B-2
LAP
SIDING
TRIM
GARAGE
DOOR
FRONT
DOOR
Note: DRH 2022 Schemes
HERITAGE ll
ATTACHMENT 5

Page 1 of 6 ends

Item 11.1– CC/LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: October 8, 2024
Subject: Resolution Authorizing an Amendment to the American Rescue Plan Act Spending Plan
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council receive an update regarding the ARPA Spending Plan Projects and provide direction to staff on possible amendments.

SUMMARY
On August 23, 2022 the City Council held a workshop to provide feedback on the allocation of funds received from the American Rescue Plan. On September 13, 2022 the City Council adopted Resolution No. 2022-112 (Attachment A) adopting a formal spending plan. Since then staff has been working diligently on implementing the spending plan. On September 12, 2023 staff brought forth an update due to various projects that came in significantly over budget thus decreasing the amount of funds available to finance them. Several projects were removed to provide funding for other prioritized projects.

Today’s update seeks to do the same as we are approaching the December 31, 2024 encumbrance deadline.

BACKGROUND
On March 11, 2021 President Joe Biden signed into law the American Rescue Plan Act of 2021 (also called the COVID-19 Stimulus Package/American Rescue Plan). The intent of the legislation is to speed up the recovery of the Country as the United States recovers (and continues to struggle) from the effects of the COVID-19 pandemic. The funding package includes approximately $1.9 trillion in anticipated funding. Of that amount, $65 billion is allocated as direct aid to every City, Town, or Village across the country. The City’s are split into two categories, entitlement cities (metropolitan – City’s over 50,000 in population) and non-entitlement units of local government (the City of Riverbank fits into this category). For non-entitlement jurisdictions American Rescue Plan funds were distributed by the state governments in which the City is located. Riverbank has been

Page 2 of 6 ends

Item 11.1– CC/LRA 10/08/2024
allocated $5,952,064 in funding under the legislation. Half of that funding was made available in July 2021 with the other half available as of July 2022.

Over the course of several months the Department of the Treasury worked closely with the National League of Cities to ensure that the funds could be used by local jurisdictions in areas that were the most affected by COVID-19 including:
• Support the COVID-19 Public Health and Economic Response • Replace Lost Public Sector Revenue
• Provide Premium Pay for Eligible Workers Performing Essential Work • Invest in Water, Sewer, and Broadband Infrastructure
• Affordable Housing (recently added)
Within each category there is broad discretion for local communities to determine the best use of the funds to improve and recover from the impacts of the COVID19 pandemic.

With that said, the Department of Treasury has stated there are five specific categories of ineligible uses which are:
• Federal Matching Requirements
• Premium Pay
• Pensions (or pension liabilities)
• Infrastructure not directly related to the American Rescue Plan/Act • Rainy Day Funds, Financial Reserves, and Outstanding Debt

INITIAL SPENDING PLAN
Over the course of several months, the City Council strategically allocated funds to a variety of projects, including the large energy efficiency project currently being performed by SitelogIQ. Changes to the Final Rule from the Treasury allows cities to dictate that the funds fall under the “replace lost public sector revenue” which allows for a greater flexibility in the use of the funds other than those that were specifically listed.

Based on the feedback received from the City Council, staff prepared the American Rescue Plan Act Spending Plan (Attachment A) adopted on September 13, 2022 which included projects such as:

1. Park Improvements: Jacob Myer Park, and new parks

2. Infrastructure Improvements: RPS Fencing, 7th Street Storm Drain

3. Property Purchase: Downtown Parking Lot

4. Grant Programs: Downtown Façade, Non-Profit Grants, VOLT Grants

5. Other: Social Media Branding
Several of the highlighted projects in the spending plan were awaiting updated engineer’s estimate and allocations were tentative. These amounts were updated as bids were received, and contracts were awarded.

Page 3 of 6 ends

Item 11.1– CC/LRA 10/08/2024
SEPTEMBER 2023 SPENDING PLAN UPDATE
Due to several projects coming in over budget, a spending plan update was discussed at the September 12, 2023 Council meeting, which resulted in the following:

1. Removal of $183,600 in funding for the Jacob Myers Parking Lot Project

2. Increase of $94,923 in funding for the RPS Fencing/Museum ADA Project

3. Increase of $376,801 in funding for the 7th Street Storm Drain Project

4. Increase of $219,895 in funding for the Downtown Parking Lot Project

5. Removal of $121,000 in funding for the VOLT Program Grants OCTOBER 2024 SPENDING PLAN UPDATE
Over the course of the past year staff implemented the Spending Plan as amended.

Several of the construction-related projects were budgeted based on the Engineer’s Estimate. As these projects have gone through the construction process contingency funds were not required to complete them thereby allowing funding to be freed up for improvements that had funding removed and/or re-evaluated to determine whether the funds could be committed (encumbered) by the December 31, 2024 deadline.

Spending Plan Labels
Projects in Gray – Funding removed and/or reallocated to other projects Projects in Green - In Progress
Projects in Yellow – Completed Projects
Projects in Orange – New/Amended Funding Requested
Park/Public Space Improvements
0 Original Budget Updated Budget Difference
Jacob Myers Parking Lot $30,420.00 $30,420.00 $0.00
JMP Trail Expansion $101,500.00 $101,500.00 $0.00
Jackson/Stanislaus Park Site $200,000.00 $0.00 $200,000.00 Plaza Del Rio Audio Projects $22,649.82 $22,649.82 $0.00 Downtown Lighting Impr. $0.00 $0.00 $0.00
Zerillo Park Pickleball $10,000.00 $8,306.25 $1,693.75

Page 4 of 6 ends

Item 11.1– CC/LRA 10/08/2024
Park Improvements $0.00 $389,362.22 -$389,362.22
Subtotal $364,569.82 $552,238.29 -$187,668.47
Infrastructure
0 Original Budget Updated
Budget Difference
Energy Efficiency Project $2,000,000.00 $2,008,522.50 -$8,522.50 Well/Lift Station Security $16,050.00 $16,050.00 $0.00
Fencing - RPS $344,923.00 $326,736.30 $18,186.70
7th Street Storm Drain $776,801.00 $762,091.42 $14,709.58 EV Charging Stations
(Infrastructure Only) $40,000.00 $19,700.00 $20,300.00
Subtotal $3,177,774.00 $3,133,100.22 $44,673.78
Property Purchase/Improvements
0 Original Budget Updated Budget Difference
Sierra House $321,884.87 $324,902.81 -$3,017.94
Jackson/Stanislaus Property $551,416.25 $555,151.25 -$3,735.00 Downtown Parking Lot $736,167.13 $736,167.13 $0.00
Subtotal $1,609,468.25 $1,616,221.19 -$6,752.94
COVID-19 Mitigation

Page 5 of 6 ends

Item 11.1– CC/LRA 10/08/2024
Column1 Original Budget Updated
Budget Difference
Staff Time - COVID Mitigation $2,457.33 $2,457.33 $0.00 PPE/Mitigation Improvements $17,882.56 $17,882.56 $0.00 Hazard Pay $361,322.52 $361,322.52 $0.00
Subtotal $381,662.41 $381,662.41 $0.00
Grant Programs
0 Original Budget Updated Budget Difference
Downtown Façade Program $210,000.00 $210,000.00 $0.00
Non-Profit Grants $120,000.00 $120,000.00 $0.00
VOLT Program Grants $0.00 $0.00 $0.00
Turf Replacement Program $0.00 $0.00 $0.00
Subtotal $330,000.00 $330,000.00 $0.00
Other
0 Original Budget Updated Budget Difference
Social Media/PI Branding $0.00 $60,000.00 -$60,000.00
Translation Services $0.00 $0.00 $0.00
Subtotal $0.00 $60,000.00 -$60,000.00

Page 6 of 6 ends

Item 11.1– CC/LRA 10/08/2024
Proposed changes to the Spending Plan are as follows:

Project Recommended Change
Jackson/Stanislaus
Park Site
Reallocate funds to the “Park Improvements” Project. City will work on procuring a landscape/park architect to
develop design of the future park.

Park Improvements New Project. Funds reallocated from other projects with remaining balances. Jackson/Stanislaus Design &
improvements to Pioneer Park proposed. General
description will allow for flexibility to move funding amongst city park improvements to ensure funds are encumbered
by 12/31/2024.

Energy Efficiency
Project
Allocating additional funds for special inspections and plan review.

RPS Fencing Project Project complete. Reallocated unused contingency funds towards Park Improvements.
7 th Street Storm Drain Project complete. Reallocated unused contingency funds towards Park Improvements.

EV Charging Stations –
Infrastructure Only
Project complete, 2 sites located at Community Center.

Reallocated unused contingency funds towards Park
Improvements.

Sierra House Project complete. Allocating additional funds for extra work completed.

Social media/PI
Branding
New Project. Allocating funds for social media/marketing assistance for one-year contract.

STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Goal to “Ensure the City’s Continued Financial Stability.”
ATTACHMENTS:

1. Resolution

2. Exhibit A: Spending Plan

Page 1 of 2 ends

CC/LRA – 10/08/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA AUTHORIZING AN AMENDMENT TO

THE AMERICAN RESCUE PLAN ACT SPENDING PLAN

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

WHEREAS, on March 11, 2021 President Joe Biden signed into law the American Rescue Plan Act of 2021; and
WHEREAS, the intent of the legislation was to speed up the recovery of the Country as the United States recovered from the economic effects of the COVID-19 pandemic; and
WHEREAS, the City, as a non-entitlement unit, received $5,952,064 in American Rescue Plan Act funds which were disbursed by the State of California; and WHEREAS, since July 2021 the City Council has been making strategic allocations for the use of the funds; and
WHEREAS, on September 13, 2022 the City Council adopted Resolution 2022- 112 which formally established the City’s American Rescue Plan Act Spending Plan; and WHEREAS, on September 12, 2023 the City Council received a Spending Plan Update and made several amendments based on projects that required additional funding; and
WHEREAS, the amendments proposed and reflected in Exhibit A will help to ensure that strategic projects will be completed, and
WHEREAS, the encumbrance date for the available funding is December 31, 2024 and in order to ensure that all funds are spent the City Manager is authorized to make amendments as necessary between the approved projects listed in the Spending Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve as follows:

1. The amendments proposed in Exhibit A are approved as presented.

2. The City Manager is hereby authorized to make amendments as necessary between the approved projects listed in the Spending Plan to ensure funds are encumbered by December 31, 2024.

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 10/08/2024
CC Resolution 2024-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 8
th day of October, 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(s): Exhibit A – Spending Plan
Allocation 1 -July 2021 $2,976,032.00
Allocation 2 -July 2022 $2,976,032.00
Parking Lot Sale Offset $121,158.11
Total Funding $6,073,222.11 $0.00
0 Original Budget Updated Budget Difference 0 Original Budget Updated Budget Difference Jacob Myers Parking Lot $30,420.00 $30,420.00 $0.00 Energy Efficiency Project $2,000,000.00 $2,008,522.50 -$8,522.50 JMP Trail Expansion $101,500.00 $101,500.00 $0.00 Well/Lift Station Security $16,050.00 $16,050.00 $0.00 Jackson/Stanislaus Park Site $200,000.00 $0.00 $200,000.00 Fencing - RPS $344,923.00 $326,736.30 $18,186.70 Plaza Del Rio Audio Projects $22,649.82 $22,649.82 $0.00 7th Street Storm Drain $776,801.00 $762,091.42 $14,709.58 Downtown Lighting Impr. $0.00 $0.00 $0.00 EV Charging Stations (Infrastructure Only)
$40,000.00 $19,700.00 $20,300.00
Zerillo Park Pickleball $10,000.00 $8,306.25 $1,693.75 $0.00 $0.00 Park Improvements $0.00 $389,362.22 -$389,362.22 $0.00 $0.00 Subtotal $364,569.82 $552,238.29 -$187,668.47 Subtotal $3,177,774.00 $3,133,100.22 $44,673.78 0 Original Budget Updated Budget Difference Column1 Original Budget Updated Budget Difference Sierra House $321,884.87 $324,902.81 -$3,017.94 Staff Time - COVID Mitigation $2,457.33 $2,457.33 $0.00 Jackson/Stanislaus Property $551,416.25 $555,151.25 -$3,735.00 PPE/Mitigation Improvements $17,882.56 $17,882.56 $0.00 Downtown Parking Lot $736,167.13 $736,167.13 $0.00 Hazard Pay $361,322.52 $361,322.52 $0.00 Subtotal $1,609,468.25 $1,616,221.19 -$6,752.94 Subtotal $381,662.41 $381,662.41 $0.00 0 Original Budget Updated Budget Difference 0 Original Budget Updated Budget Difference Downtown Façade Program $210,000.00 $210,000.00 $0.00 Social Media/PI Branding $0.00 $60,000.00 -$60,000.00 Non-Profit Grants $120,000.00 $120,000.00 $0.00 Translation Services $0.00 $0.00 $0.00 VOLT Program Grants $0.00 $0.00 $0.00 $0.00 $0.00
Turf Replacement Program $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $330,000.00 $330,000.00 $0.00 Subtotal $0.00 $60,000.00 -$60,000.00 City of Riverbank Spending Plan
Funding Received
Total Funding Received $6,073,222.11
Current Spending Plan Allocations $6,073,222.11
Unallocated Balance
Property Purchase/Improvements COVID-19 Mitigation
Grant Programs Other
Park/Public Space Improvements Infrastructure

EXHIBIT A

Page 1 of 3 ends

Item 11.2 – CC/LRA – 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: October 8, 2024
Subject: Consideration of the 2024 Cal Cities Annual Conference Resolution
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council provide direction to the Voting Delegates for the 2024 Cal Cities Conference General Assembly on the proposed resolution.

SUMMARY
During the 2024 Annual Cal Cities Conference in Long Beach, CA a General Assembly will be held to consider Resolutions that have been introduced by various cities to establish Cal Cities policy. Each city is provided an opportunity to have voting delegates to represent them at this General Assembly. At the July 23, 2024 meeting, City Council elected Councilmember Darlene Barber-Martinez as the primary and Councilmember Rachel Hernandez and Mayor O’Brien as the alternates. Participation in the meeting ensures that Riverbank officials have an opportunity to initiate and influence policy decisions by voting on resolutions presented for consideration. The Annual Business Meeting will be held during the General Assembly on Friday, October 18th from 8:30 am – 10:30 am. Tonight’s discussion will provide an opportunity for review of the proposed resolution for direction to the Voting Delegates.

BACKGROUND
Sixty days before the Cal Cities Annual Conference, Cal Cities members have an opportunity to submit resolutions on issues of importance to cities. This year Cal Cities received one resolution by the August 17th deadline (Attachment A).

Resolution No. 1 Fair and Equal Treatment of All Governmental Officials at All Levels
Resolution No. 1 was submitted by the City of Glendora, CA. The general premise behind the proposed resolution is a call to action for the California Legislature to enact laws that

Page 2 of 3 ends

Item 11.2 – CC/LRA – 10/08/2024
ensure that “what applies to one, applies to all” in the fair and equal treatment of all governmental officials at all levels in the State of California.

California Legislature is tasked with developing and implementing policies and procedures that affect local government. It is often noted that there are times that these new policies apply only to local officials but not State officials. Several examples shared in the proposed Resolution are as follows:

1. Existing open meeting rules, commonly known as the Ralph M. Brown Act (“Brown Act”), which apply to City Councils and other appointed boards and commissions.

The Brown Act requires certain business to be conducted openly and in public, but the application of this rule is strictly for local agencies, and not state agencies,

2. CEQA which “requires all government agencies to consider the environmental consequences of their actions before approving plans and policies” which the State exempted itself from via the adoption of SB 174 in order to demolish and then rebuild State offices for the Governor and other officials,

3. SB 1439 amended the Political Reform Act which removed the exception for local elected officials from contribution limits requiring disqualification of those officials from making development project decisions, but this rule did not apply to State elected officials,

4. AB 571 which prohibits city and county candidates for local office from making contributions over the AB 571 limit ($4,700) to another local or county candidate, requires that they establish separate committees for each office they run for, and prohibits them from redistributing funds from a committee for one election to another election is also not applicable to State elected officials.

It is the belief of local elected officials that rules that apply to one should apply to all.

Therefore, the proposed Resolution being presented for consideration states as follows:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
As mentioned previously, the City of Glendora, CA presented this Resolution for consideration along with Letters of Support from the cities of Rancho Palos Verdes, Lomita, Azusa, Arcadia, and La Verne.

It is recommended that the City Council provide direction to the voting delegates who have been designated to act on behalf of the City Council on this item.

Page 3 of 3 ends

Item 11.2 – CC/LRA – 10/08/2024

STRATEGIC PLAN
This item is not directly related to the City’s Strategic Plan but attendance to conferences provides the City Council with an opportunity to participate in discussions regarding matters that affect residents locally and statewide.

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

ATTACHMENTS

1. Attachment A - Resolution No. 1: Fair and Equal Treatment of All Governmental Officials at All City Levels submitted by the City of Glendora 2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 ATTACHMENT 1
2024 Resolutions Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF

CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE

FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL

LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:

California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.

WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.

Sincerely,
Michael Allawos
Council Member
City of Glendora
10 11
12 13
14 15
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:

This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:

This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.

Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.

The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).

Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.

Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.

California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.

SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.

Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.

The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.

The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.

The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.

Fiscal Impact:

Unknown.

Existing Cal Cities Policy:

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 • Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Comments:

Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.

Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.

AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.

Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.

Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.

Support:

The following letters of concurrence were received:

April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21

Page 1 of 1 ends

Item 11.3 - CC/ LRA 10/08/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: October 8, 2024
Subject: Nomination and Appointment of the Vice Mayor to Serve for the Remainder of the 2024 Calendar Year
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez,CMC, City Clerk

RECOMMENDATION
With the resignation of the 2024 Vice Mayor, Councilmember District 3 Jones Cruz, the position became vacant. It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the remainder of the year 2024 and, by roll call vote, the City Council shall approve the Appointment.

SUMMARY
The City Council typically designates the Vice Mayor for a one-year term. Unfortunately, Vice Mayor Jones Cruz submitted her resignation effective September 30, 2024 leaving the City without a Vice Mayor for the remainder of the year. Through nomination by the Mayor and favorable motion to approve by the majority vote of the Members of the Council, the Councilmember appointed will serve as Vice Mayor for the remaining of the year 2024.

FINANCIAL IMAPCT
There is no financial impact.

ATTACHMENTS
There are no attachments to this report.

City Council / Local Redevelopment Authority / Public Financing AuthorityOctober 8, 2024

City Council / Local Redevelopment Authority / Public Financing Authority
October 8, 2024