Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, March 25, 2025 (part 1 of 5)

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
TUESDAY, MARCH 25, 2025 – 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 Riverbank Woman of the Year 2025 – Olivia Arambula- It is recommended that the City Council receive a presentation of the Riverbank Woman of the Year 2025 Award to Olivia Arambula by Senator Alvardo-Gil and present a Certificate of Recognition on behalf of the City of Riverbank.

Item 7.2 Certificate of Recognition – Dominic and Bryant Mordinoia, the Brotherly Love Project. It is recommended that the City Council read and present a Certificate of Recognition to Dominic and Bryant Mordinoia.

Item 7.3 Proclamation- National Reading Month-It is recommended that Mayor Hernandez read the proclamation in honor of National Reading Month.

Item 7.4 Presentation- Community Development Department – Code Enforcement Division- It is recommended that the City Council receive a presentation from the Community Development Director.

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
Rachel Hernandez
Council/Authority Members
District 1 - Luis Uribe
Vice Mayor District 2 – Cindy Fosi
District 3 – John Pimentel
District 4 – Stacy Call
City Council and LRA Board Meetings Agenda March 25,2025 Next City Council Resolution: 2025-016 Next Ordinance: 2025-001 Next Local Redevelopment Authority Board Resolution 2025-001 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

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 March 11, 2025.

Item 9.3 Resolution to Award Contracts for Jacob Myers Park Food Vendors to Ice Ice Baby Ice Cream and Blue-Collar Café.

10. PUBLIC HEARING- No Items Scheduled.

11. UNFINISHED BUSINESS
Item 11.1 Resolutions 2025-XX and 2025- XX adopting the City Council Rules and Procedures Handbook and updating the process for the Councilmembers to place items on the agenda.- Consider Adoption of the following Resolutions: Resolution 2025-XX approving the City Council Rules and Procedures Handbook, which outlines standardized procedures for the efficient conduct of City Council meetings, establishes clear guidelines for Councilmember behavior, and ensures consistency and transparency in the decision-making process. Resolution 2025-XX approving the amendment to the Policy and Procedures for Scheduling Items on the City Council Agenda, which formalizes the process by which Councilmembers may refer items for inclusion on future meeting agendas.

These resolutions reflect the recommended changes discussed and approved during the February 25, 2025, City Council meeting.

12. NEW BUSINESS
Item 12.1 Resolution Approving the Addendum to Initial Study (IS)/ Mitigated Negative Declaration (MND) document prepared for the Riverbank Regional Recycled Water Project (previously adopted MND).- City staff City Council and LRA Board Meetings Agenda March 25,2025 Next City Council Resolution: 2025-016 Next Ordinance: 2025-001 Next Local Redevelopment Authority Board Resolution 2025-001 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
recommends approval of a Resolution adopting the addendum to the Initial Study (IS)/Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) based on the findings in the Addendum to the MND for the Riverbank Regional Recycled Water Project.

13. 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 13.1 Staff
Item 13.2 Council/Authority Member
Item 13.3 Mayor/Chair

14. CLOSED SESSION-No Items Scheduled.

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

15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, April 8,2025

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

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

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

Posted this 20th Day of March, 2025
/s/Gabriela Hernandez, CMC, City Clerk
City Council and LRA Board Meetings Agenda March 25,2025 Next City Council Resolution: 2025-016 Next Ordinance: 2025-001 Next Local Redevelopment Authority Board Resolution 2025-001 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
How to Use Live Spanish Translation/ Como Usar Traducción en Español En Vivo STEP 1/PASO 1 STEP 2/ PASO 2 STEP 3/ PASO 3

Scan QR Code Choose Spanish language Read Captions on Device Escanea el código Escoja el idioma Español Use headset for Audio Lea subtítulos en su aparato
Use auriculares para audio
https://attend.wordly.ai/join/LHDA-5715

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

SUBMITTING PUBLIC COMMENTS FOR THE RECORD

Written comments must be received before 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/89443415826 Join by accessing website: https://zoom.us/join , enter Webinar ID: 894 4341 5826 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 894 4341 5826 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT

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Item 7.1 – CC/LRA – 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: March 25, 2025
Subject: Riverbank Woman of the Year 2025 – Olivia Arambula From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council receive a presentation of the Riverbank Woman of the Year 2025 Award to Olivia Arambula by Senator Alvardo-Gil and present a Certificate of Recognition on behalf of the City of Riverbank.

SUMMARY
Olivia lives in Riverbank, California with her husband Jason, and has seven children, and six grandchildren. Having a supportive family has been crucial to her success and has provided her with the opportunity to be extremely active in the community. Jason, her husband, became a realtor when Olivia became a Real Estate Broker, supporting her as she achieved her goal of opening Timeless Real Estate in Riverbank. Working together to grow their business and being the only brick and mortar real estate company in Riverbank has truly been a dream come true.

Olivia’s passion, dedication and drive allow her to thrive in everything she sets her mind to accomplish. Her community involvement shows her compassion for making a difference and helping those in the areas she serves. She is the Director of Community Events for the Riverbank Chamber of Commerce and is very involved with the City Council and local schools. Olivia has been an ongoing contributor to various philanthropic causes throughout the community such as volunteering for the Red Cross, the Memorial Hospital emergency room, and many other organizations throughout the area has been another way that she has given back to the community.

Olivia is currently the Chairperson of the Lodi Association of Realtors Projects Committee and is a facilitator for the New Hire Orientation Committee. She recently completed her term on the Women's Council of Realtors as Local Vice President, representing the North

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Item 7.1 – CC/LRA – 03/25/2025
Central Valley. She was previously the Member Liaison for the Central Valley Association of Realtors for over three years, the 2023 Modesto CanTree Chairperson, and was a part of the Members Helping Members Committee.

BACKGROUND
Celebrating a "Woman of the Year" serves as a way to recognize and honor the achievements, contributions, and impact of women in various fields. This recognition highlights the importance of women's roles in society, whether through leadership, innovation, activism, or overcoming personal challenges. It brings attention to the progress women have made and continues to inspire others to pursue their own goals.

ATTACHMENTS

1. Certificate of Recognition
Certificate of Recognition
Presented to
Olivia Arambula
City of Riverbank Woman of the Year 2025
In recognition of outstanding accomplishments, dedication, and leadership in the City of Riverbank. Your exemplary efforts and contributions have made a significant impact and inspire others to achieve greatness. This certificate is presented with appreciation and admiration for your exceptional achievements and continuous commitment to excellence.

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Item 7.2 – CC/LRA – 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: March 25, 2025
Subject: Certificate of Recognition – Dominic and Bryant Mordinoia, the Brotherly Love Project
From: Marisela H. Garcia, City Manager
Submitted by: Claudia Edwards, Administrative Intern

RECOMMENDATION
It is recommended that the City Council read and present a Certificate of Recognition to Dominic and Bryant Mordinoia.

SUMMARY
Dominic and Bryant, who call Riverbank home, have been inspired to get involved and make a positive impact in their community. After witnessing a man struggling with homelessness three years ago, when Bryant was 9 and Dominic 6, they initiated The Brotherly Love Project. In the last three years, they have raised over $10,000 to provide essential items to those in need. From blankets, food gift cards, snacks, personal hygiene and warming items, their perseverance and dedication to this project are truly inspiring.

Their selflessness and commitment are a shining example of the transformative power of our youth.

BACKGROUND
The Brotherly Love Project was founded by brothers Dominic and Bryant Mordinoia after they witnessed a man struggling with homelessness three years ago, when Bryant was 9 and Dominic was 6. Motivated by the experience, they began raising funds to provide essential items to those in need. Despite facing his own health challenges, including two open-heart surgeries, Bryant remains committed to the cause. Tonight, we honor and applaud them for their accomplishments and dedication.

ATTACHMENTS

1. Certificates of Recognition
Certificate of Recognition
Presented to
Bryant Mordinoia
The Brotherly Love Project
In recognition of remarkable leadership and a deep commitment to making a positive impact in the community. Through their initiative, the Brotherly Love Project, they have raised funds to provide essential items for the homeless, embodying the spirit of kindness and compassion.

March 25, 2025
___________________________________
Rachel Hernandez
Mayor
Riverbank City Council
District 1 – Luis Uribe, District 3 – John Pimentel, District 4 – Stacy Call Vice Mayor – Cindy Fosi, Mayor – Rachel Hernandez
ATTACHMENT 1
Certificate of Recognition
Presented to
Dominic Mordinoia
The Brotherly Love Project
In recognition of remarkable leadership and a deep commitment to making a positive impact in the community. Through their initiative, the Brotherly Love Project, they have raised funds to provide essential items for the homeless, embodying the spirit of kindness and compassion.

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Item 7.3– CC/LRA – 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.3
SECTION 7: PRESENTATIONS
Meeting Date: March 25, 2025
Subject: Proclamation – National Reading Month
From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant - Confidential

RECOMMENDATION
It is recommended that Mayor Hernandez read the proclamation in honor of National Reading Month.

SUMMARY
National Reading Month is celebrated every March in the United States to promote the importance of reading and literacy. It aligns with the birthday of Dr. Seuss, whose books have had a significant impact on children's literature. The month encourages individuals of all ages to engage with books, highlights the benefits of reading, and fosters a love for literature. It also aims to raise awareness about the importance of reading for academic success, personal growth, and lifelong learning. Various schools, libraries, and organizations host events and activities during the month to inspire and motivate people to read more.

BACKGROUND
The origins of National Reading Month can be traced back to the broader national efforts in the United States to improve literacy. One of the most significant milestones in the establishment of National Reading Month is the connection to Dr. Seuss. His birthday, March 2nd, became the focal point of the Read Across America initiative, which was launched by the National Education Association (NEA) in 1998.

Read Across America includes initiatives, events, and programs throughout the month of March that encourage reading among people of all ages. Schools, libraries, and local organizations often host reading events, book drives, author talks, and challenges to engage students, families, and communities in reading.

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Item 7.3– CC/LRA – 03/25/2025
National Reading Month is not just about children reading; it emphasizes the importance of reading at all stages of life. Adults, including parents, teachers, and community leaders, are encouraged to model reading habits, share books with children, and discuss the importance of reading for personal and professional growth.

The month serves as a reminder that literacy is a lifelong journey and that developing strong reading skills is essential for success in school, work, and life. It encourages families to read together and for individuals to continue reading and learning throughout their lives.

ATTACHMENTS

1. Proclamation
WHEREAS, in honor of the birthday of one of America's most admired authors and illustrators, Theodor (Dr. Seuss) Geisel, March is celebrated as Reading Month to celebrate and promote the joys and the importance of reading across our state and nation; and
WHEREAS, reading plays a crucial role in our lives, stimulating our imagination, expanding our knowledge of the world and each other, and helping us to develop language skills; and
WHEREAS, reading is also associated with early childhood learning and development, as it helps children to learn sounds, words, and language, expand literacy skills, and develop the ability to focus, concentrate, socialize, and communicate; and
WHEREAS, reading has long-lasting health benefits for
individuals of all ages, including increased cognitive function, memory, empathy, and decreased levels of stress; and
WHEREAS, during this month, we encourage each other to read every day, spend ample time reading our favorite books, and recommit ourselves to making sure children and young adults read diverse literary works early and often so they can see themselves and others in what they read
NOW, THEREFORE, the City Council of City of Riverbank does hereby proclaim March 2025 as Reading Month in the City of Riverbank.

As Dr. Seuss said, "The more you read, the more things you will know.

The more that you learn, the more places you will go."
March 25, 2025
________________________
Mayor, Rachel Hernandez
City of Riverbank
Proclamation
National reading month 2025
Riverbank City Council
District 1 – Luis Uribe, District 3 – John Pimentel, District 4 – Stacy Call, Vice Mayor – Cindy Fosi, Mayor Rachel Hernandez

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Item 7.4 – CC/LRA – 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.4
SECTION 7: PRESENTATIONS
Meeting Date: March 25, 2025
Subject: Presentation – Community Development Department – Code Enforcement Division
From: Marisela H. Garcia, City Manager
Submitted by: Joshua Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council receive a presentation from the Community Development Director.

SUMMARY
The Code Enforcement Division plays a vital role in maintaining the safety, health, and overall quality of life in Riverbank by ensuring compliance with city codes and regulations.

This includes enforcing property maintenance standards, zoning laws, illegal business activities, nuisance abatement, and public health and safety codes.

Residents often reach out with concerns about unpermitted construction, inoperable vehicles, illegal dumping, excessive noise, or other violations that impact neighborhoods.

Business owners and property managers also seek guidance on maintaining compliance with city codes. The division works collaboratively with community members to resolve issues, educate the public on city regulations, and take enforcement action when necessary.

By addressing violations promptly and effectively, the Code Enforcement Division helps protect property values, promote a safe environment, and ensure that Riverbank remains a well-maintained and thriving community.

STRATEGIC PLAN
This item directly addresses the City Council’s Strategic Plan goal to “Improve Internal

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Item 7.4 – CC/LRA – 03/25/2025
and External Communication” and the City’s desire to “Proactively communicate news about the City to residents, businesses, and surrounding communities.”

FINANCIAL IMPACT
There is no financial impact associated with the report and/or presentation.

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Item 9.1 – CC/LRA 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: March 25, 2025
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.2 – CC/LRA 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: March 25, 2025
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for March 11, 2025.

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 March 11, 2025.

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. City Council/LRA Meeting Minutes for March 11, 2025.

Exhibit A: Public Comment Letter- Zerillo Mansion
Exhibit B: Item 12.2 Sample Petition of Opposition

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CC / LRA Minutes – 03/11/2025

MINUTES
TUESDAY, MARCH 11, 2025 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER -Mayor / Chair Hernandez called the meeting to order at 6:00pm

2. FLAG SALUTE – Vice Mayor Fosi led the pledge of allegiance.

3. INVOCATION – Reverend Randy Richardson provided the invocation.

4. ROLL CALL – Asst. City Manager Alcantor conducted Roll Call.

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

Council Member / Authority Member District 1 Luis Uribe Council Member/ Authority Member District 3 John Pimentel Council Member / Authority Member District 4 Stacy Call Vice Mayor / Vice Chair District 2 Cindy Fosi
Mayor / Chair Rachel Hernandez

5. AGENDA CHANGES
No Agenda Changes.

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

None Declared.

7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation – Women’s History Month- It is recommended that the City Council read and present a Proclamation for Women’s History Month to Elizabeth Rodarte, Assistant Superintendent of Student Services & Interventions with Riverbank Unified School District.

CITY COUNCIL / LRA BOARD
Mayor/Chair
Rachel Hernandez
Council/Authority Members:

District 1-Luis Uribe
Vice Mayor -District 2-Cindy Fosi
District 3-John Pimentel
District 4-Stacy Call

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

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CC / LRA Minutes – 03/11/2025
Mayor Hernandez read and presented the proclamation in honor of Women’s History Month to Elizabeth Rodarte, Assistant Superintendent of Student Services & Interventions with Riverbank High School.

Item 7.2 Presentation – Finance Department- It is recommended that the City Council receive a presentation from Tammy Alcantor, Assistant City Manager.

Asst. City Manager Alcantor gave a PowerPoint presentation on the Finance Department and the many tasks and duties they handle in their department.

Mayor Hernandez opened Public Comment Period at 6:20 P.M.

Olivia Arambula, Riverbank Chamber of Commerce to extend an invitation for upcoming community events.

Rich Holmer, Riverbank resident spoke on the preservation of the Zerrillo mansion (Letter provided to City Council as Attached in Exhibit A) Karen Conrotto, Stanislaus County resident to express her opposition regarding the River Walk project.

Mayor Hernandez closed the Public Comment Period at 6:29 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 February 11th and February 25th, 2025.

Item 9.3 Resolution 2025-013 to Award Bid for the Oakdale Road Overlay Project to DSS Company dba Knife River Construction and Authorize Execution of Future Change Orders.

Item 9.4 Resolution 2025-014 to Award Bid for the Patterson Road Overlay Project between Claus Road and Snedigar Road to Consolidated Engineering Inc. and Authorize Execution of Future Change Orders.

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

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CC / LRA Minutes – 03/11/2025
ACTION: By motion moved and seconded (Uribe/Fosi 5/0) to approve Consent Calendar with amendment to the minutes of February 25,2025 for item

11.2 Action to be changed to Direction provided to staff.

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

AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None

10. PUBLIC HEARING
No Items Scheduled.

11. UNFINISHED BUSINESS
Item 11.1 Resolution Approving a Land Lease Agreement and Memorandum of Land Lease Agreement with Verizon Wireless to Install a Cellular Tower at Castleberg Park and Authorizing the City Manager to Execute Said Agreements- It is recommended that the City Council consider the proposed Land Lease Agreement and Memorandum of Land Lease Agreement with Verizon Wireless for the installation of a cellular tower at Castleberg Park and provide direction on whether to authorize the City Manager to execute the agreements.

Director of Parks & Recreation Patton gave a comprehensive Staff Report and PowerPoint presentation on the proposed Land Lease agreement with Verizon Wireless to install Cellular Tower at Castleberg Park.

Yvonne Pinto and Carmina de Guzman with Verizon provided a presentation on the need for the site and why the location was chosen.

David Witkowski, CEO with Oku Solutions, provided a presentation with the science behind the risk of cell towers to resident’s health near the tower.

City Council discussed the item with staff and asked questions of Verizon and Oku Solutions.

Mayor Hernandez opened Public Comment Period at 7:22 P.M.

Randy Richardson, Riverbank resident Is it possible to expand the other sites already established within the city?
Yvonne with Verizon responded that those towers are at capacity and cannot be expanded.

Olivia Arambula, Riverbank resident expressed her concern with Item 11.1.

Mayor Hernandez closed the Public Comment Period at 7:27 P.M.

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CC / LRA Minutes – 03/11/2025
There being no public comments, Mayor Hernandez brought the item back to City Council.

ACTION: By motion moved and seconded (Uribe/Pimentel 4/1) for Item 11.1 to be continued to future meeting, to provide additional data and alternate sites.

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

AYES: Uribe, Pimentel, Call, and Mayor Hernandez
NAYS: Fosi
ABSENT: None / ABSTAINED: None

12. NEW BUSINESS
Item 12.1 A Resolution Approving the Appointment of Armando Rodriguez Jr. as Alternate to the Planning Commission Effective April 1, 2025- It is recommended the City Council consider Mayor Hernandez’s applicant recommendation to fill one (1) expired Alternate Planning Commissioner seat, for a full 2-year term effective April 1, 2025 and ending March 31, 2027.

Mayor Hernandez gave her candidate recommendation for the appointment of Alternate Planning Commissioner of Resident Armando Rodriguez Jr. and her reasons for him being the adequate candidate.

City Council discussed item with staff.

Armando Rodriguez Jr. spoke about his background in construction management and as a realtor that will assist him in his position with the Planning Commission.

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

ACTION: By motion moved and seconded (Uribe/Fosi 5/0) to approve the Resolution 2025-015 appointing Armando Rodriguez Jr. as an Alternate Planning Commissioner.

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

AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 12.2 Consideration of a Fee Waiver Request and Permanent Local Housing Allocation Plan Amendment Request by Central Valley Community Resources, Inc. for the Riverbank Residential Home Village Project-It is recommended that the City Council consider the Fee Waiver Request and Permanent Local Housing Allocation Plan Amendment Request submitted by Central Valley Community Resources, Inc. for the Riverbank Residential Home Village Project. Should Council be open to the request, Council can adopt the proposed Resolution

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CC / LRA Minutes – 03/11/2025
City Manager Garcia gave a comprehensive staff report and PowerPoint presentation on the fee waiver request submitted by Central Valley Community Resource for the Permanent Local Housing Allocation Plan Amendment for the Riverbank Residential Home Village Project.

City Council discussed item with staff.

Brad Hawn, Chairman of the Stanislaus Homeless Alliance responded to City Council’s questions and provide clarification in regards to Item 12.2.

Mayor Hernandez opened public comment period at 8:19 P.M.

Roseline Chandra, Riverbank resident spoke out against the project and location.

Chessie Garcia, Riverbank resident spoke out against the project and location.

Jag Sandhu, Riverbank resident spoke out against the project and the location.

Deanna Garcia – Spoke in favor of the project and the value that it will bring to its residents.

Maricris Garaza, Riverbank resident Spoke out against the project and the location.

Turned in a sample of the petition that is being circulated against the Project (As Attached Exhibit B)
Sue Barnes, Riverbank resident Spoke out against the project and the location.

Malon Hughes, Thurman Consulting working with CVCR as the grant writer for this project to provide some clarification on Item 12.2.

Olivia Arambula, Riverbank resident to express her support and opinion on Item 12.2.

Mayor Hernandez closed public comment period at 8:55 P.M.

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

ACTION: By motion moved and seconded (Fosi/Uribe 5/0) for Item 12.2 to be considered at a future meeting once the pre-development application process is complete.

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

AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None

13. 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 13.1 Staff

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City Manager Garcia
• No Comments
Item 13.2 Council/Authority Member
Councilmember Uribe
• No Comments
Councilmember Pimentel:
• Friday the Sister City Committee met at the Historical Museum. They now have 7 members, and President Calvin Campbell. Thank you, Cal, for doing a great job at the meetings. They have several projects coming up if you'd like to get involved. See me or Councilman Uribe. Thank you.

Councilmember Call:
• Today I got to ride with the Stanislaus Consolidated fire. I didn't get put to work like councilmember Uribe, but I did use the hose, and that thing really has a lot of pressure coming out of it. I fell a couple times. But I was also able to gather information on our partnerships with Modesto Fire and our Drop Boundaries to ensure our community is safe. I know previously we've heard concerns with the railroad tracks and potentially stopping 1st responders from getting over the tracks, but for those who don't know we have a Drop Boundary Agreement with Modesto Fire Department where in the event of an emergency that there could be a delay in the call time because of the train on Mabel by Byer High School there is a Fire Department who can also respond to the Riverbank community.

So that's the Drop Boundary Agreement, essentially. And I was able to go over all of the different things that the fire department does. They don't just put out fires. We have the Paramedics. Some of the shifts do have a Paramedic, and they just wear multiple hats with the saving measures they have bulletproof vests. They have CPR gear. So, it just was really enlightening for me. • RYBSA had their opening day. Mayor Hernandez and I were both able to throw out the 1st pitch, and I just wanted to read something that the President sent to me, Eddie Carrillo “On behalf of Riverbank Youth Baseball Softball Association I'd like to thank our Mayor, Rachel Hernandez, and our City council Stacy Call for coming out on Saturday, March 8th for our Opening Day Ceremony. They each threw a strike to help us kick off the season. I invite you all to come out during the season. We play games Monday, Tuesday, Thursday, and Saturdays from now until May 10th and closing ceremony is May 17th”.
• The last thing that I'll talk about is Stanislaus Latino Chamber. Cooper Lane did their grand opening. And there was quite a few of us there. Actually. So that was actually a lot of fun. Super cute store.
• March 26th is the Business Learning series with an emphasis on Human Resources, and as a small business owner I cannot stress the importance of knowing how to handle employee situations. So, I encourage everyone to go there.
• Red Shield is having an open house March 25th for those who don't know what the Red Shield is. It's in South Modesto, and it's a community recreation area.

They have a pool. They offer services to that lower income neighborhood. I went

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CC / LRA Minutes – 03/11/2025
to day camps there when I was a kid. So, I'm super excited to go back and see everything that they've done to it.
• And then they have a Chamber Mixer March 20th at Mistlin Honda. • If anybody needs to get a hold of me, my email is [email protected], my phone number is (209) 719-9254.

Vice Mayor Fosi:
• March 18th if you've ever wanted to know what's happening at the Riverbank Industrial Park. I'm having an open house for you. Please come out, see me, talk to me. They will have a description of the businesses that are there. They have employment opportunities. So, if you know somebody who is looking for a job, we'll have coffee and food. Aemetis is sponsoring it with me, who also is going to be building a project out there. So, I look forward to seeing people there. • Also, for those that live in crossroads. I have been concerned about what I'm seeing on Facebook. I live on Roselle and so I travel through Crossroads. Please be aware that it is a housing development. It is not a speedway. The stop sign is not optional. It's a stop sign. Please be aware people are walking their animals.

People are walking and slow down, and please be careful. I've been seeing a little bit too much of not cool things happening.

Item 13.3 Mayor/Chair
Mayor Hernandez:
• So today was a meeting actually for the Board of Supervisors, where there was an item to discuss our 911 receiving dispatch. We'll provide a full report in the next meeting. But there's essentially potential addition with Sheriff looking to wanting to incorporate a new system to respond to calls called Oracle. Did it move forward with the county?
City Manager Garcia: So, for those that are not familiar with how we have dispatch services here we have a joint power authority between Stanislaus County and the City of Modesto. Who oversee SR 911. So, when we talk about SR 911. Those are the 2 agencies that are participants within that. We contract with the sheriff's department, which is a division underneath the County. Therefore, we participate in SR 911 dispatch services. There have been some ongoing discussions about improving the software that they currently use for dispatch services to ensure that there's no dropped calls, to add some more information availability between all of the different agencies, including Fire and EMS, to make sure that your calls are getting responded to as quickly as possible, and that we can dispatch those services to you as quickly as possible. There had been some concerns with regards to the new software that's being proposed. And so ongoing discussions at the county level have been, how do we address those software concerns? So, at their meeting today they did move forward with the software that was originally proposed to be used Central Square, but also working with the Sheriff's Department, with regards to their preferred software, which is called Oracle, to be able to incorporate that within that Central Square System as well. So, it looks like they were able to reach kind of a happy medium of the 2 Software’s, and being able to have them work together.

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• Thank you for that. And though this is a Sheriff Board of Supervisors led discussion and decision. We have made it clear that the cities want to be involved in the conversations, because ultimately this will affect our response times and costs. But we will keep you posted on that.

14. 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 14.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: 3300 Atchison Rd. (APN: 132-009-069)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Del Rio City Center, LLC.

Under Negotiation: Price, terms of payment, or both
Item 14.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: 2161 & 2173 Morrill Rd. (APN 074-006-024)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Albert & Susie Dadesho 2005 Trust
Under Negotiation: Price, terms of payment, or both
Item 14.3 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: Morrill Rd. (APN 074-006-023)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: MorrillRd, LLC
Under Negotiation: Price, terms of payment, or both
There being no Public Comment, Mayor Hernandez moved to Closed Session at 9:11 P.M.

Reconvened from Closed Session at 9:43 P.M.

15. REPORT FROM CLOSED SESSION
Item 15.1 Report from Closed Session Item 14.1

CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: 3300 Atchison Rd. (APN: 132-009-069)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Del Rio City Center, LLC.

Under Negotiation: Price, terms of payment, or both
ACTION: Direction was provided to Staff
Item 15.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: 2161 & 2173 Morrill Rd. (APN 074-006-024)

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Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Albert & Susie Dadesho 2005 Trust
Under Negotiation: Price, terms of payment, or both
ACTION: Direction was provided to Staff
Item 15.3 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
Pursuant to Government Code Section 54956.8
Property: Morrill Rd. (APN 074-006-023)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: MorrillRd, LLC
Under Negotiation: Price, terms of payment, or both
ACTION: Direction was provided to Staff

16. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair Hernandez adjourned the regular meeting at 9:44 P.M.to the next regular scheduled City Council / LRA Meeting of March 25,2025.

ATTEST: (Adopted 03/25/2025) APPROVED:

Gabriela Hernandez, CMC Rachel Hernandez
City Clerk / LRA Recorder Mayor/ Chair

EXHIBIT A

Petition to Stop Proposed Low-Income Housing Development on the northwest corner of Oakdale Road and Morrill Road Due to Concerns Regarding Property Values, Community Safety, and Long-Term Impact
To: City of Riverbank Officials/ Zoning Board
At: Council Chambers 6707 Third Street, Suite B Riverbank, CA 95367 From: Homeowners and Concerned Residents of Crossroads West and Surrounding Area Date: March 3rd, 2025
Dear City Officials and Members of the Zoning Board,
We, the homeowners and residents of Crossroads West, and surrounding areas respectfully oppose the proposed low-income housing development at the intersection of Morrill Road and Oakdale Road in Riverbank, CA. While we understand the need to provide affordable housing options, we have significant concerns regarding the proposed development, particularly its potential impact on the safety, property values, and long-term well-being of our community.

Our main concerns are as follows:

1. **Impact on Property Values**: Studies have consistently shown that high-density, low-income housing can lead to a decrease in property values. The potential reduction in property values could create significant financial hardships for long-time homeowners and negatively affect the overall stability and growth of our neighborhood. Many of us have worked extremely hard to establish and create a place where we proudly call home.

2. **Safety Concerns for Families and Children**: Crossroads West is a family-oriented community with many children. We are concerned that an influx of transitional or supportive housing could increase safety risks for families. Higher density housing without appropriate planning can lead to overcrowding, increased traffic, and the potential for higher crime rates, all of which compromise the safety of our children and families.

3. **Lack of Long-Term Oversight and Sustainability**: Our concern is not only about the immediate impact but also about the long-term sustainability of such a development. If not wellintegrated and properly managed, this type of housing could create ongoing challenges for our community. Without sufficient support services and oversight, the long-term success of the development could be at risk, potentially leading to disruptions in the neighborhood's stability.

4. **Strain on Local Schools, Services, and Resources**: Local schools, emergency services, and public infrastructure are already operating near capacity. Adding a significant number of new residents without corresponding investments in these critical resources would place an undue A petition is a public document. By signing it, it is agreed that the names, addresses and signatures on the petition will be made available in the public realm, including publishing in a Council/Committee meeting agenda on the Council website. Petition Page __ of_

EXHIBIT B

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Item 9.3 - CC/LRA – 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: March 25, 2025
Subject: Resolution to Award Contracts for Jacob Myers Park Food Vendors Ice Ice Baby Ice Cream and Blue Collar Café
From: Marisela H. Garcia, City Manager
Submitted by: Michael Patton, Parks and Recreation Director

RECOMMENDATION
It is recommended that the City Council consider awarding a contract to Ice Ice Baby Ice Cream and Blue Collar Café to sell food items and products at Jacob Myers Park for the 2025 season.

SUMMARY
The City of Riverbank Parks and Recreation Department is seeking to provide responsible and qualified vendors to sell food products at Jacob Myers Park for the 2025 season.

Doing so would add value to the park by providing a feature that park users can enjoy and generate additional revenue through charging rent and receiving a portion of the vendor’s gross revenue.

BACKGROUND
On January 6, 2025, the Riverbank Parks and Recreation Department published a request for proposals calling for responsible and qualified vendors to provide food services at Jacob Myers Park during the operational months of April through September.

The purposes of doing this are to:
• Limit the total number of food vendors that sell items at the park without permission. In previous years, the park would see multiple vendors capitalize on the popularity and usage of the park. These vendors would take up parking spaces designated for park users and operate in unsafe areas of the park such as fire lanes. This also allows the city to ensure that insured vendors with all of their permits and approvals are on the premises to sell.
• Generate additional revenue for the park. In providing this service and limiting the number of vendors, the city is seeking to charge a monthly flat rate rent to be able to park their operations at the park. The City will also be charging a percentage of

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Item 9.3 - CC/LRA – 03/25/2025
the vendor’s total revenue. These charges are to support the operations of the park.
• Create additional value at the park. Providing an approved vendor to sell food products creates an additional amenity for park users to enjoy during their visit. It also creates a sense of trust from park users that the business has been approved by the city, county, and local health departments to be able to sell edible products.

With the release of the request for proposals, the city hosted a site visit with all interested vendors on February 5th, 2025 to show the park, locations of vendor set up, and address any questions that interested vendors may have. The Parks and Recreation Department accepted proposals until March 5, 2025 at 5:00 PM. The Parks and Recreation Director and staff reviewed proposals based on how each proposal fully met the requirements outlined in the RFP, including obtaining the necessary permits and licenses, providing insurance, a copy of the of their application with a listed menu, etc. After review, the Parks and Recreation Department is recommending Ice Ice Baby Ice Cream and Blue Collar Cafe to be the selected food vendors for Jacob Myers Park. Contracts have been agreed upon between the vendors and the department. The contracts are available to the City Council for approval.

STRATEGIC PLAN
According to the City of Riverbank Parks and Recreation Master Plan approved by City Council, to fund the goals, objectives, and priorities outlined throughout, the city should create partnerships with “government entities, public agencies, or private businesses.

Partners jointly develop revenue-producing park and recreation facilities and share risk, operational costs, responsibilities, and asset management based on the strength of each partner.” Receiving additional revenue would aid in offsetting the operational costs at Jacob Myers Park.

FINANCIAL IMPACT
The approval of the contract for Ice Ice Baby Ice Cream and Blue Collar Café will generate revenue for Jacob Myers Park. The terms of the contract are $200.00 per month to be paid to the City of Riverbank for a flat rate rent. The parties also agreed upon 5% of the vendor’s gross revenue to be paid to the City by the first day of each month. The terms of this contract are from April 2025 to September 2025.

ATTACHMENTS

1. Resolution 2025-XXX

2. Contract between City of Riverbank and Ice Ice Baby Ice Cream

3. Contract between City of Riverbank and Blue Collar Cafe

4. Request for Proposals Packet

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CC/LRA – 03/25/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

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

CALIFORNIA AWARDING ICE ICE BABY ICE CREAM AND BLUE COLLAR CAFE

CONTRACTS TO BECOME SELECTED FOOD VENDORS AT JACOB MYERS PARK FOR THE 2025 PARK SEASON

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

WHEREAS, Jacob Myers Park is a cherished recreational area for the city of Riverbank, providing a space for community gatherings, outdoor activities, and leisure; and
WHEREAS, the City Council of Riverbank is committed to enhancing the park experience for residents and visitors by offering a diverse selection of high-quality food options; and
WHEREAS, after careful consideration and evaluation of various proposals, the City Council has determined that Ice Ice Baby Ice Cream and Blue Collar Cafe demonstrate the capacity to deliver exceptional food services that align with the standards and expectations of Jacob Myers Park patrons; and
WHEREAS, it is in the best interest of the community to establish a partnership with a reputable and capable food vendor to operate within Jacob Myers Park during the 2025 park season.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Riverbank hereby awards contracts to Ice Ice Baby Ice Cream and Blue Collar Cafe to become the approved food vendors at Jacob Myers Park for the 2025 park season, subject to the terms and conditions outlined in the agreements, herein attached, between the City and the respective vendors; and
BE IT FURTHER RESOLVED, that the City Council authorizes the necessary actions to finalize the contractual arrangements and facilitate a smooth transition for Ice Ice Baby Ice Cream and Blue Collar Cafe to commence operations within Jacob Myers Park by April 1, 2025.

ATTACHMENT 1

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CC/LRA – 03/25/2025
CC Resolution 2025-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the ___ day of _______, 2025; 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 Rachel Hernandez
City Clerk Mayor
Attachments: 1. Contract Agreement between the City of Riverbank & Ice Ice Baby Ice Cream

2. Contract Agreement between the City of Riverbank & BlueCollar Café Contract Agreement between the City of Riverbank and Ice Ice Baby Ice Cream This Agreement is entered into on March 26, 2025 between the City of Riverbank, hereinafter referred to as the "City," and Ice Ice Baby Ice Cream, hereinafter referred to as the "Vendor." Purpose of Agreement
The City agrees to grant the Vendor the right to sell food products at Jacob Myers Park for the 2025 park season, commencing on April 1st and concluding on September 30th.

Payment Terms
The Vendor shall pay the City a monthly rent of $200.00 for the usage of the designated area at Jacob Myers Park.

In addition to the rent, the Vendor shall pay the City 5% of all sales revenue generated from the sale of items at Jacob Myers Park.

Payments shall be made on the first day of each month throughout the park season.

Compliance with Request for Proposals
The Vendor agrees to abide by all terms and conditions outlined in the request for proposals (RFP) attached to this contract.

Operating Hours
The Vendor agrees to be onsite during park hours on Fridays, Saturdays, Sundays, and holidays throughout the park season. Should the Vendor elect to sell products on different days, they are subject to the same terms and conditions as outlined herein.

Regulatory Compliance
The Vendor shall possess and maintain a valid California Food Handler's Permit throughout the duration of the park season.

The Vendor shall obtain and keep up-to-date all necessary permits and licenses required by the State of California and the San Joaquin County Health Department.

The Vendor shall maintain liability insurance in the amount of $2,000,000, with the City of Riverbank listed as an additional insured.

Termination
Either party may terminate this Agreement with written notice to the other party if there is a material breach of any provision herein. In the event of termination, the Vendor shall vacate Jacob Myers Park within a reasonable time frame as determined by the City.

ATTACHMENT 2

ATTACHMENT 3

ATTACHMENT 4

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Item 11.1 – CC/LRA 03/25/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: UNFINISHED BUSINESS
Meeting Date: March 25, 2025
Subject: Resolutions 2025-XX and 2025- XX adopting the City Council Rules and Procedures Handbook and updating the process for the Councilmembers to place items on the agenda
From: Marisela H. Garcia, City Manager
Submitted by: Nubia I. Goldstien, City Attorney’s Office Gabriela Hernandez, City Clerk/Elections Official

RECOMMENDATION
Consider Adoption of the following Resolutions: Resolution 2025-XX approving the City Council Rules and Procedures Handbook, which outlines standardized procedures for the efficient conduct of City Council meetings, establishes clear guidelines for Councilmember behavior, and ensures consistency and transparency in the decisionmaking process. Resolution 2025-XX approving the amendment to the Policy and Procedures for Scheduling Items on the City Council Agenda, which formalizes the process by which Councilmembers may refer items for inclusion on future meeting agendas. These resolutions reflect the recommended changes discussed and approved during the February 25, 2025, City Council meeting.

SUMMARY
Staff recommends the Resolution adopting the City Council Rules & Procedure Handbook and the Resolution approving the process for placing items on the agenda.

Specifically, the current "How to Place Items on the Agenda" section under "Mayor/City Council" will be removed and formalized under the new "Councilmember Referrals" section in the Agenda Format for Regular Meetings.

The proposed City Council Rules and Procedures Handbook provides a clear and organized structure for meetings and decision-making processes, ensuring all participants, including the public, understand expectations. It promotes consistency through standardized practices that guide the conduct of meetings and decisions, reducing ambiguity and fostering trust. Transparency is emphasized by setting clear rules for public participation and Councilmember behavior, ensuring an open and

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inclusive government. The Handbook also creates a framework for accountability, holding Councilmembers responsible for their roles and duties while maintaining order and decorum during meetings.

As a living document, the Handbook can be revisited and amended by the City Council as necessary. Its approval represents a significant step toward fostering a more organized and efficient local government.

FISCAL IMPACT
There is No Fiscal Impact to the FY 25/26 budget.

ATTACHMENTS:

1. Resolution adopting the City Council Rules and Procedures Handbook.

EXHIBIT A: Full copy of the revised Handbook

2. Redlines of changes provided by the Council on February 25,2025.

3. Resolution adopting the Amendment to the Policy and Procedures for Scheduling Items on the City Council Agenda
EXHIBT B: Policy & Procedure Placing Items on the Agenda

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CC/LRA- 03/25/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

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

CALIFORNIA ADOPTING THE CITY COUNCIL RULES AND PROCEDURES

HANDBOOK

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

WHEREAS, City Council recognizes the importance of establishing standardized procedures for the efficient conduct of meetings, ensuring clarity, consistency, transparency, and accountability in decision-making processes; and WHEREAS, the proposed City Council Rules and Procedures Handbook has been developed to provide a well-organized structure for meetings and decision-making, ensuring that all participants, including the public, understand the expectations; and WHEREAS, the City Council Rules and Procedures Handbook promotes consistency by outlining standardized practices, reduces ambiguity in governance, and fosters trust within the community; and
WHEREAS, transparency is ensured through clear rules for public participation and Councilmember behavior, creating an open and inclusive government; and WHEREAS, the City Council Rules and Procedures Handbook establishes a framework for accountability, holding Councilmembers responsible for their roles and maintaining order and decorum during meetings; and
WHEREAS, the City Council Rules and Procedures Handbook is designed as a living document, allowing the City Council to revisit and amend it as necessary to adapt to evolving needs; and
WHEREAS, there is no fiscal impact to the FY 25/26 budget associated with the adoption of the City Council Rules and Procedures Handbook; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank does as follows:

1. The City Council hereby adopts the City Council Rules and Procedures Handbook as the official guide for conducting City Council meetings.

2. City Staff is directed to implement the procedures outlined in the Handbook starting with the next scheduled Council meeting.

3. A review of the Handbook shall be scheduled within one year of adoption to assess its effectiveness and make any necessary amendments.

ATTACHMENT 1

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CC/LRA- 03/25/2025
CC Resolution 2025-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of March, 2025; 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 Hernández, CMC Rachel Hernández
City Clerk Mayor
Attachment: City of Riverbank City Council Handbook
Riverbank City Council Handbook of Rules & Procedures
{CW139487.2}
4895-4504-6524, v. 6

RULES AND

PROCEDURES
City Council

EXHIBIT A
Riverbank City Council Handbook of Rules & Procedures
{CW139487.2}
4895-4504-6524, v. 6

PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Riverbank establishes the Riverbank City Council Rules and Procedures contained herein. This document will govern the rules and procedures for the City Council of the City of Riverbank and for any appointed committees, commissions, or boards. This document shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended, or new rules are adopted in the manner provided herein.
i
Riverbank City Council Handbook of Rules & Procedures
{CW139487.2}
4895-4504-6524, v. 6

RIVERBANK CITY COUNCIL

RULES AND PROCEDURES

TABLE OF CONTENTS
Introduction ………………………………………………………………………1
CHAPTER I - GENERAL, POWERS and DUTIES ...........................................3 A. City Council Basic Power:...................................................................................................... 3 B. Elected Mayor ......................................................................................................................... 3 C. Vice Mayor:............................................................................................................................. 4 D. Vice Mayor Selection:............................................................................................................. 4 E. Vacancies:................................................................................................................................ 4 F. Rules of Procedures:............................................................................................................... 4 G. Council Position on Ballot Measure(s) or Legislative Proposals:....................................... 4 H. Council- Staff Relations: ........................................................................................................ 5 I. Access to Information and Communications Flow.............................................................. 6 J. Council Conflicts, Ethics & Liability .................................................................................... 7 CHAPTER II..........................................................................................................14 CITY COUNCIL MEETINGS.............................................................................14 A. Meetings................................................................................................................................. 14 B. Regular Meetings:................................................................................................................. 14 C. Special Meetings & Emergency Meetings: ......................................................................... 14 D. Workshops:............................................................................................................................ 14 E. Adjournment of Meetings: (Govt. Code §54955)............................................................... 14 F. Continuance of Hearings: (Govt. Code §54955.1).............................................................. 15 G. Cancellation of Meeting: ...................................................................................................... 15 H. Voting Requirements:........................................................................................................... 15 I. Method of Action - Ordinances and Resolutions............................................................... 16 J. Agenda:.................................................................................................................................. 18 Riverbank City Council Handbook of Rules & Procedures
{CW139487.2}
4895-4504-6524, v. 6
K. Agenda Format for Regular Meetings:............................................................................... 18

1. Order of Business:.................................................................................................................. 18 L. Selective Components of a Regular Meeting:..................................................................... 19 CHAPTER III ........................................................................................................24 DECORUM.............................................................................................................24 A. Enforcement of Decorum:.................................................................................................... 24 D. Crowd Control in Council Chambers:.....................................Error! Bookmark not defined.

E. Smoking:.....................................................................................Error! Bookmark not defined.

CHAPTER IV.........................................................................................................26 A. Adoption of Procedural Rules: ............................................................................................ 26 B. Call to Order:........................................................................................................................ 26 B. Roll Call:................................................................................................................................ 26 C. Quorum:................................................................................................................................. 26 D. Lack of Quorum:................................................................................................................... 26 F. Format for Processing Public Hearings/Appeals:.............................................................. 27 G. Mayor as Presiding Officer or Legislative Proposals:....................................................... 27 H. Recognition to Speak, Councilmember: ............................................................................. 28 I. Addressing the City Council:............................................................................................... 29 J. Continued Agenda Item:...................................................................................................... 30 K. Public Hearing Closed:......................................................................................................... 30 L. Division of Question:............................................................................................................. 30 M. Withdrawal of Motion:......................................................................................................... 30 N. Voting:.................................................................................................................................... 30 O. Failure to Vote: ..................................................................................................................... 30 P. Abstention/Recuse: Conflict of Interest:............................................................................. 31 Q. Tie Votes:............................................................................................................................... 31 R. Appeal from the Mayor’s Decision: .................................................................................... 31 S. Parliamentary Motions and Procedures for the Processing of Council Business:.......... 31 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:..... 31 Riverbank City Council Handbook of Rules & Procedures
{CW139487.2}
4895-4504-6524, v. 6
U. Summary of Rosenberg’s Common Motions: ................................................................... 32 V. Processing of Multiple Motions:.......................................................................................... 34 CHAPTER V ..........................................................................................................35 A. Definitions:............................................................................................................................. 35 B. Application and Appointment Process: …………………………………………………... 35 C. Inability to Attend/Notification of Alternate:...................................................................... 36 D. Removal of Member of Board or Commission or Committee or City Representative:.. 36 Riverbank City Council Handbook of Rules & Procedures
- 1 -
4895-4504-6524, v. 6
Introduction
Purpose of Riverbank Procedures Manual
The City of Riverbank (the “City”) has prepared this City Officials’ Handbook (the “Handbook”) to assist Councilmembers and other City Officials (collectively, “City Officials”) by documenting accepted practices and clarifying expectations. This Handbook should serve as a reference on adopted practices and procedures pertaining to Riverbank City Council (“Council”) meetings, meetings of Boards, Commissions, provide an overview of City operations, Council powers and responsibilities, expected behavior and decorum from Councilmembers and other elected or appointed officials, and related matters.

The Handbook supersedes any other handbooks which govern the Council, Boards, or Commissions.

Overview of Basic Documents
This Handbook is a summary of important aspects of Council activities. However, it cannot incorporate all materials and information necessary for understanding the business of a Council.

Many other laws, plans, and documents exist which bind the Council to certain courses of action and practices. A summary of some of the most notable documents which establish Council direction is provided below.

1. Riverbank Municipal Code: The Riverbank Municipal Code (“R.M.C.”) contains local laws and regulations adopted by ordinances. Title 3 Administration of the R.M.C. addresses the role and relationship of the Council and Mayor. It also describes the organization of Council meetings and responsibilities and appointment of certain City staff positions and advisory commissions. In addition to these administrative matters, the R.M.C. contains a variety of laws including, but not limited to, zoning standards, traffic/speed regulations, and local tax standards.

2. California Government Code: The state Government Code contains many requirements for the operation of city government and administration of meetings of Councils throughout the state. Many of these requirements, such as open meeting laws, are also replicated within the R.M.C. to ensure there is broad awareness of such requirements. The City is a “general law” city, which means it is organized in accordance with provisions of the Government Code and it is bound by the state’s general law. Also described within the Government Code is the council-city manager form of government, which is the form of government utilized in the City. This form of government prescribes that a Council’s role is to establish policies and priorities, while the role of the city manager is to administer the affairs of the city government.

3. Annual Budget: The City’s annual budget provides a description of City services and the resources used to provide services. The document contains a broad overview of the budget as well as descriptions of programs offered within each division of the organization.

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4. General Plan: Often referred to as a City’s development constitution, a state mandated general plan addresses adopted future land development plans and policies.

5. Emergency Operations Plan: The City maintains an Emergency Operations Plan, which describes actions to be taken in periods of extreme emergency. The Council may be called upon during an emergency to establish policies related to the specific incident.

Basic Definitions

1. Legislative Body: the governing legislative body of the City of Riverbank is a City Council consisting of a Mayor and four Councilmembers. The mayor is elected by the qualified voters of the City at large. The four Councilmembers are elected by Districts.

When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”

2. Chair is the individual authorized by law, the Riverbank Municipal Code or City policy to oversee, direct and preside over the public meeting of the City Council, Planning Commission or any other City board or commission.

3. City Council is the governing body of the City of Riverbank, comprised of four (4) Councilmembers and one (1) Mayor. When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”

4. City Official is any elected or appointed member of the Riverbank City Council, Riverbank Planning Commission, or any other City board or commission established by ordinance or City Council policy.

5. Mayor shall hold office for a term of four (4) years. The Mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

6. Councilmembers shall hold office for a term of four (4) years. Two Councilmember offices shall be elected at each general municipal election. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

Orientation of New Councilmembers
It is important that Councilmembers gain an understanding of the full range of services and programs provided by the organization. As new Councilmembers join the Council, department heads are instructed to provide invitations for members to tour facilities and meet with key staff.

At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations.

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CHAPTER I
GENERAL, POWERS and DUTIES
A. City Council Basic Power:

All powers of the City are and shall be vested in the City Council, subject to the provisions of the Riverbank Municipal Code and to the Constitution and statutes of the State of California.

B. Elected Mayor

1. The Mayor is to preside at all meetings of the Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. At Council meetings, the Mayor assists the Council in focusing on the agenda, discussions and deliberations. The Mayor does not possess any power of veto. The Mayor is to faithfully communicate the will of the Council majority in matters of policy.

2. In addition to the powers and duties authorized by State law, the Mayor shall be recognized as the official head of the City of Riverbank local government, and shall be the City’s official representative for all ceremonial functions.

3. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.

4. The Mayor of the City is expected to exercise a leadership role with the other members of the City Council. To the extent that time permits, the Mayor generally works more closely with the Riverbank City Manager than other Councilmembers, being mindful that all information is shared equally with other Councilmembers. In this regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the City’s policy direction and priorities.

5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.

In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California Cities groups and meetings for elected officials.

6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City.

7. Contracts for supplies, equipment, and services may be signed by the City Manager or his/her designee. Contracts conveying, encumbering or otherwise affecting City property (Deeds and Trust Deeds) may be signed by the City Manager or his/her designee based on the authority provided in the approving Resolution. Contracts for the construction of public works projects may be signed by the City Manager or his/her designee based on the authority provided in the approving Resolution.

Therefore, the Mayor still must sign the following documents:

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a) All instruments requiring the City Seal, which would include:
(1) Ordinances
(2) Resolutions

8. The Mayor shall make all appointments to boards, commissions and committees, with the exception of the Parks & Recreation Advisory Committee, with the approval of the City Council. (Govt. Code 40605)
C. Vice Mayor:

In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence.

D. Vice Mayor Selection:

The Vice Mayor shall be appointed by the Mayor with the approval of the City Council at the first meeting of each calendar year. The Vice Mayor shall serve a one (1)-year term. If the Vice Mayor resigns during his or her term the Council may vote to replace the Vice Mayor so long as there is a quorum.

E. Vacancies:

If a vacancy occurs prior to the expiration of a term of office, the Council shall fill the vacancy by appointment or special election in a manner prescribed by law.

If the Council fills the vacancy by special election, the election shall be held on the next regularly established election date not less than one hundred fourteen (114) days from the call of the special election and the appointee shall hold office for the unexpired term of the former incumbent.

If the Council appoints a person and the vacancy occurs in the first half of a term of office at least one hundred thirty (130) days prior to the next general municipal election, the person appointed shall hold office until the next general municipal election and thereafter until the newly elected incumbent is qualified. If the vacancy occurs in the first half of the term of office but less than one hundred thirty (130) days prior to the next general municipal election, or if the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

F. Rules of Procedures:

The City Council shall determine its own rules of procedures and amend them from time to time or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote of the entire Council membership.

G. Council Position on Ballot Measure(s) or Legislative Proposals:

Because the Council performs as a body, it is important that the public understand when an individual Councilmember is speaking as an individual and when they are speaking on behalf of the entire Council. Councilmembers should refrain from using City letterhead, correspondence, or logos when expressing their opinions as an individual to the public.

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Councilmembers may clarify that they did or did not support a matter so long as they clearly articulate the Council’s positions as a whole unambiguously.

H. Council-Staff Relations:

City Council understands that the position they hold requires transparency and accountability to the public they serve and shall address the administrative services of the City through the City Manager. Inversely, City staff’s primary function is to take action promulgated by the City Council as a whole through the direction of the City Manager. City Council is discouraged from instructing or reprimanding City staff as individual Councilmembers or in a public forum.

Comments or concerns should be communicated through the City Manager and resolved in private.

Council policy is implemented through professional staff. Therefore, it is critical that the relationship between the Council and staff be well understood by all parties so policies and programs may be implemented successfully. To maintain these effective relationships it is important that roles are clearly recognized.

1. Council-City Manager Relationship
a) Riverbank governs under a Council-City Manager form of government. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the Council. This relationship honors the fact that the City Manager is the chief executive officer of the City. Council is to work through the City Manager in dealing with City staff. Councilmembers should work through the City Manager unless simply requesting information from other staff members. b) The Council should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the Council. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager. c) Evaluation: The Council is to evaluate the City Manager on a regular basis and pursuant to the terms of the City Manager’s contract with the City. d) Open Communication: As in any professional relationship, it is important that the City Manager keep the Council informed. The City Manager respects and is sensitive to the political responsibility of the Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the Council. The City Manager encourages regular one on one meetings with Councilmembers to provide information and on various issues before the Council.

2. Council-City Attorney Relationship
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The City Attorney is the legal advisor for the Council, City Manager, and department heads. It is important to note that the City Attorney does not represent individual Councilmembers, but the Council as a whole. The general legal responsibilities of the City Attorney are to:
a) Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
b) Represent the City’s interest, as determined by the Council, in litigation, administrative hearings, negotiations and similar proceedings;
c) Prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and d) To keep Council and staff apprised of court rulings and legislation affecting the legal interest of the City.

3. City Manager-City Attorney Relationship
The City Attorney provides legal support and advice to the City Manager to assist him or her in implementing Council policies and exercising his or her authority as the chief executive officer of the City. The City Attorney also keeps the City Manager apprised of current relevant court rulings and legislation. It is important to note that the City Attorney represents the Council and the City as a whole, not the City Manager or Councilmembers as individuals. Therefore, the City Attorney may share confidential information obtained from the City Manager with the Council if necessary to protect the best interests of the City, and vice versa.

I. Access to Information and Communications Flow
It is the responsibility of staff to ensure City Officials have access to information from the City and to ensure such information is communicated completely and with candor to those making the request. However, City Officials must avoid intrusion into those areas that are the responsibility of the staff. Individual City Officials may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the Council as a whole. This is necessary to protect staff from undue influence and pressure from individual City Officials, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal.

1. Council Roles: The full Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the performance of City business. Individual members of the Council should not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. Councilmembers also have a responsibility of information flow. It is critical that they make extensive use of staff and commission reports and commission minutes. Councilmembers should come to meetings prepared—having Riverbank City Council Handbook of Rules & Procedures
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read the council agenda packet materials and supporting documents as well as any additional information or memoranda provided on city projects or evolving issues.

Additional information may be requested from staff, if necessary.

2. Staff Roles: The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed.

Staff is obligated to take guidance and direction only from the Council as a whole through the City Manager or from the appropriate management supervisors. Staff is directed to reject any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations. City staff will make every effort to respond in a timely and professional manner to all requests made by individual City Officials for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full Council.

3. Access to Information: Individual Councilmembers as well as the Council as a whole are permitted complete freedom of access to any information requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information. Appropriate personnel will pass critical information to all Councilmembers. Council will always be informed by the City Manager or appropriate staff when a critical or unusual event occurs about which the public would be concerned. There are limited restrictions when information cannot be provided. Draft documents (e.g. staff reports in progress, administrative draft EIRs) are under review and not available for release until complete and after review by City management. In addition there are legal restrictions on the City’s ability to release certain personnel information even to members of the Council. Certain aspects of police department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council. Confidential personnel information also has restrictions on its ability to be released. Any concerns of Councilmembers may have regarding the release of information, or the refusal of staff to release information should be discussed with the City Attorney for clarification.

4. Dissemination of Information: In cases where a staff response to an individual City Officials request involves written materials that may be of interest to other City Officials, the City Manager will provide copies of the material to all other City Officials. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

J. Council Conflicts, Ethics & Liability

1. Conflict of Interest (Government Code Section 87105) State laws are in place that attempt to eliminate any action by City Officials that may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest.

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Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. The City Clerk will then notify elected officials of their filing requirements.

Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.

At any time if a City Official believes that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a City Official’s potential conflict.

Laws which regulate conflicts are very complicated. Violations may result in significant penalties or fines, including criminal prosecution.

2. Political Reform Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying conflict of interest.

Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.

Economic interests include interests in businesses, real property, sources of income, and gifts.

An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally” on one or more of the economic interests of the official or a member of the official’s immediate family.

Economic interest amounts vary pursuant to update by the Fair Political Practice Commission.

Determining whether a Councilmember has a disqualifying conflict of interest can be complicated and fact specific. If a Councilmember suspects they may have a conflict of interest, the Councilmember should contact the City Attorney so a formal four-step analysis of the potential conflict can be provided.

Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on the Consent Calendar. After it has been determined that a conflict of interest exists under the Political Reform Act, the following steps must take place:
a) Publicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest. Residential street addresses do not have to be disclosed.
b) Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.
c) Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.

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Exceptions: if the matter is on the consent calendar, recusal is not required. Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen. However, this is the only time he or she may be in the room while the matter is being considered.

The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest.

The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.

3. Government Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are different than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are severe. If a City Official believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney.

There are a number of other restrictions placed on Council actions which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination, as well as assurance that all City funds are spent for public purposes.

Violations of these restrictions may result in personal liability for individual City Officials.

4. Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property, and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g., LAFCO, etc.). These agencies will also require the submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property, among other items.

5. Ex Parte Communications
All Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum; however, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests.

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6. Public Records Act
The California Public Records Act (CPRA) provides for disclosure of government records to the public in order to minimize secrecy and promote transparency. Emails, texts, and other communications addressing substantive City business, either from a City account or personal accounts, are public records under the Public Records Act. In the event the City receives a PRA request for records that include your written communications, City staff will coordinate with you directly to assist in compiling responsive documents.

7. Ethics
The citizens and businesses of the City of Riverbank are entitled to fair, ethical and accountable local government, which will instill public confidence in the fair operation and integrity of the Riverbank City government. In keeping with the City of Riverbank Commitment to Excellence and the City Council’s commitment to the ethical values while representing its residents and community, the effective functioning of democratic government requires that:
• public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial and fair in their judgment and actions; • public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally permitted to be conducted in a closed session under the Ralph M. Brown Act, in an atmosphere of respect and civility.
• Public officials, both elected and appointed, act in a transparent manner to enable the public to obtain information about public official activities and the decision-making process.

Riverbank City Council, Boards, Commissions, and committees will adhere to the following Ethics:
a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of all the people of Riverbank and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Riverbank City Council, boards and commissions.
b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Riverbank in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Riverbank Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.

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c) Conduct of Members. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of Council, boards and commissions, staff or the public. d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions.
e) Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings.
f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. g) Communication. Members shall verbally disclose any contact or receipt of substantive information they have received outside of the public decision-making process that is relevant to a matter under consideration by the Council or boards and commissions prior to considering that matter so that all parties have the opportunity to respond to that information.
h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist. (Political Reform Act)
i) Gifts and Favors. Members shall not take any special advantage of their public office to access services or opportunities for personal gain that are not available to the general public. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise or appear to compromise their independence of judgment or action.

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j) Confidential Information. Members shall respect the confidentiality of information concerning certain negotiations (e.g., labor and real property), personnel matters, claims and litigation in order to avoid prejudicing the legal or negotiating position of the City or compromise the private interest of employees. They shall neither disclose confidential information without proper City Council authorization nor use such information to advance their personal/private, financial, or other interests. k) Use of Public Resources. Members shall not use public resources not available to the general public, such as City staff time, vehicles, equipment, supplies, land or facilities, for private gain or political or personal purposes. (Riverbank Policy on Use of City Resources)
l) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the subject matter jurisdiction of their bodies.
m) Advocacy. Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when authorized to do so. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Riverbank, nor will they allow the inference that they do. Councilmembers and board and commission members have the right to endorse candidates for City Council or Mayor or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, board/commission meetings, or other official City meetings or other governmental meetings where the member is serving in their capacity as an appointed official.
n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of City of Riverbank government. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards and commissions, and City staff. Except as provided by the Riverbank Municipal Code, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff, nor impair the ability of staff to implement Council policy decisions.
o) Independence of boards and commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, members of Riverbank City Council Handbook of Rules & Procedures
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Council shall refrain from using their position to unduly influence the deliberations or actions of board and commission proceedings.
p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive workplace environment for City employees and for residents and businesses dealing with the City of Riverbank. Members shall direct their requests of staff pertaining to their elected or appointed role to the appropriate staff liaison or in the case of Councilmembers, to the City Manager.
q) Ethics Training (Government Code Section 53235(f)) State law requires the City to advise local officials, subject to California’s ethics education requirements, about their compliance requirements at least once a year. AB1234 Ethics Training is required every 2 years.

8. Liability
The City is a large institution offering a variety of services and may often find itself subject to legal action through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. However, with such a wide variety of high-profile services (e.g., police, fire) risk cannot be eliminated.

It is important to note that violations of certain laws and regulations by individual City Officials may result in that Official being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.

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CHAPTER II

CITY COUNCIL MEETINGS
A. Meetings
The Brown Act requires that all City Council meetings must be open and public unless a specific exemption applies. For the purposes of the Brown Act meetings are any activity involving a majority of City Council in which issues under City Council’s subject matter jurisdiction are discussed, decided or voted on. This includes communications of any kind including face-to-face meetings, telephone calls, emails, collective briefings, informal gatherings and communications through intermediaries. A majority of City Council may not use social media platforms to discuss agency business and singular Councilmembers may not respond directly to any communication shared on social media by another Councilmember regarding agency business.

B. Regular Meetings:

Regular meetings of the City Council shall be open to the public and held on the second and fourth Tuesdays of every month at the hour of 6:00 p.m.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day not a holiday.

C. Special Meetings & Emergency Meetings:

Special meetings and emergency meetings may be ordered at any time by the Mayor whenever the public business may require it or upon the request from three members of the City Council.

Only matters listed in the Notice of Special Meeting may be considered at the meeting.

Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law. (Cal Govt. Code §54956)
D. Workshops:

The City Council may coordinate workshops called as a special meeting or an adjoined regular meeting for the purpose of acquiring information on a particular subject(s). Workshops shall be open to the public. Workshops are not public hearings; however, public input will be received. The City Council may not vote or take any final action at a workshop. The City Council may by consensus give direction to City Staff regarding matters considered in workshops. Final action on all workshop items shall be taken at regular or special meetings with opportunity for public comment.

E. Adjournment of Meetings: (Govt. Code §54955)

1. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to the time and place specified in the motion to adjourn.

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2. Less than a quorum may adjourn any meeting.

3. If all members are absent, the City Clerk may adjourn the meeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.

4. When a Council meeting is adjourned to a specific time, date and place, a notice of adjournment must be posted near the door where the meeting was held within twenty-four (24) hours after the adjournment.

F. Continuance of Hearings: (Govt. Code §54955.1)

1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.

2. Notice of the continued hearing must be posted near the door where the meeting was held within twenty-four (24) hours after the continuance.

3. If the hearing is continued to a time less than twenty-four (24) hours the notice must be posted immediately following the meeting.

G. Cancellation of Meeting:

If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

H. Voting Requirements:

1. Voting. Any Councilmember present at a meeting when a question comes up for a vote should vote for or against the measure unless he or she is disqualified from voting and abstains because of such disqualification. All votes shall be roll call votes, except for minute actions. Minute actions may be taken by voice vote. The results reflecting all “ayes” and “noes” and “abstentions” must be clearly set forth for the record.

2. Regular Motions. (Those are for most all items of City business).

A simple majority of a quorum (two (2) votes if only three (3) members are present) or simple majority of the members present.

3. Resolutions or Motions Authorizing the Expenditure of Public Funds. A majority vote of the total Council membership is required (i.e. three (3) votes). Govt. Code §36936.

4. Regular Ordinances. A majority vote of the total Council membership is required (i.e. three (3) votes). Govt. Code §36936.

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5. Urgency Ordinances. (Ordinances for the immediate preservation of the peace, health or safety). A four-fifths (4/5) vote of the total Council membership is required. Govt. Code §36937(b).

6. Interim Urgency Ordinances Regarding Land Use Matters. A four-fifths (4/5) vote of the total Council membership is required. Govt. Code §65858.

7. Motions to Add Items to Agenda.

A two-thirds (2/3) vote of members present is required, or a unanimous vote if less than two-thirds (2/3) of members are present.

I. Method of Action - Ordinances and Resolutions

1. Legislative action shall be taken by the Council only by means of an ordinance or resolution.

2. Resolutions

1. Definition: A resolution is generally adopted by the Council to deal with temporary or special matters, such as when the Council makes only a factual determination or certification that certain necessary conditions or requirements set by statute or ordinance have been met. Resolutions can also express opinions of the legislative body or set temporary standards (i.e. amount of permit processing fees that may be changed again by future resolutions). Resolutions are recorded and kept on file with the City Clerk. A resolution is less formal than an ordinance because it does not become part of the municipal code.

2. Recording Resolutions: in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved by the City Clerk. Such resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document to facilitate such future reference and research.

3. Motion (recorded by minute entry). The “motion” (assuming it was one which passed) is a council action, which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. Procedural actions (such as a motion to continue a hearing) are always done by motion, and, in addition, many administrative matters (such as directing the City Manager to furnish a report) are done by motion.

4. Adoption of Resolutions: Resolutions are prepared in advance and contain a brief title which indicates the subject and purpose. The procedure for adoption is a brief explanation by staff, motion, second, discussion and vote. It shall not be necessary to read a resolution in full or by title except to identify it. Any Councilmember may require that the resolution be read in full.

3. Ordinances
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1. Definition: An ordinance is a law that the Council adopts and in most cases is codified into formal law by means of the published municipal code. An ordinance is the most binding and permanent type of Council action and usually may only be repealed or amended by a subsequent ordinance. Ordinances must be publicly read aloud at two (2) Council meetings: introduced at one (1) meeting and adopted at the subsequent meeting (most often at the next meeting). Ordinances may not be passed within five (5) days of introduction unless they are urgency ordinances. A public hearing notice must be published at least ten (10) days prior to the first reading of the ordinance.

2. Adoption: Except as hereafter provided, no ordinance shall be adopted by the Council on the day of its introduction, nor within one week thereafter, nor at any time other than at a duly assembled meeting. If an ordinance is altered after its introduction (except for the correction of typographical or clerical errors), it shall be adopted at a meeting held at least one week after the date of such alteration.

3. At the time of introduction or adoption of an ordinance the title need only be read, unless reading of the ordinance in full is requested by any member of the City Council.

4. Emergency Ordinances: An Emergency meeting can be held with less than 24 hours’ notice if the majority of City Council determines there is an emergency situation pursuant to Government Code Section 54956.5. Urgent measures can be added to the agenda less than 72 hours before the meeting if there is 1) a determination by a majority vote of City Council that an emergency situation exists in accordance with Government Code 54956.5 or 2) a determination by a two-thirds vote of the members present at a meeting or, if less than two-thirds of City Council are present, a unanimous vote of the members present that there is a need to take immediate action. Any ordinance declared by City Council to be necessary as an emergency measure for preserving the public peace, health, or safety and containing a statement of the reasons for its urgency can take immediate effect if it is passed by at least four affirmative votes.

5. Effective Date of Ordinance: No ordinance shall become effective until thirty days from and after the date of its adoption, except as provided by law.

6. Publishing. Within fifteen (15) days after the ordinance passes, the City Clerk shall cause each ordinance to be published at least once, with the names of those Councilmembers voting for and against the ordinance, in a newspaper of general circulation circulated in the City of Riverbank. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by the Government Code. Except as provided in Section 36937 of the Government Code, an ordinance shall not take effect or be valid unless it is published or posted pursuant to Government Code Section 36933 and not until thirty (30) days after the final passage of an ordinance. The publication and posting of ordinances may be satisfied by the actions prescribed in Government Code Sections 36933(c)(1) and 36933(c)(2).

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a. Exceptions to Publishing Requirement. An ordinance takes effect immediately if it is an ordinance:
i. relating to an election;
ii. for the immediate preservation of public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the Council;
iii. relating to street improvement proceedings;
iv. relating to taxes for the usual and current expense of the City; or v. covered by particular provisions of law prescribing the manner of its passage and adoption.

J. Agenda:

In order to facilitate the orderly conduct of the business of the citizens of Riverbank, the City Manager shall arrange an agenda of such matters as may have been timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on the Thursday prior to the City Council meeting. To meet this schedule the City Manager requests that all agenda items be submitted seventy-two (72) hours in advance for regular meetings and twenty-four (24) hours in advance for special meetings.

K. Agenda Format for Regular Meetings:

1. Order of Business:

Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and City Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order:
a. Preliminary:
- Call to Order
- Pledge of Allegiance
- Invocation
- Roll Call
- Agenda Changes
- Declaration of Conflict of Interest
- Presentations/Ceremonial Items
- Public Comments
b. Consent Calendar (including the approval of the Minutes and Waiver of Readings ) c. Consideration of Item(s) Removed from the Consent Calendar d. Unfinished Business
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e. Public Hearings
f. New Business
g. Special Business
h. Councilmember Referrals
i. Comments/Reports:
- Staff Comments
- City Council
- Mayor
L. Selective Components of a Regular Meeting:

The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

1. Public Comments:

Subject to the time limits described in this document, any member of the public or their authorized representative, may address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibited from extensively discussing, or taking action, on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Public Comments” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can,

2. Minutes:
a. Description:

The minutes of a City Council meeting shall be “action minutes” which include the motions made, actions taken, and a brief summary of public comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:

If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember raises a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.
c. Voting on Approval of Minutes:

City Council minutes may be approved by a majority vote of a quorum of the Council membership. Councilmembers who were not present at the meeting for which the minutes were prepared should abstain from voting. If a quorum of Councilmembers who were present at the meeting for which the minutes were prepared is not present, action on the minutes shall be continued to a future meeting.

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d. Signing of Minutes:

After their approval the minutes shall be signed by the Mayor (or the chair of the meeting) and the City Clerk.

3. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:
a. The Brown Act requires that the agenda for regular City Council meetings must be posted at least seventy-two (72) hours prior to the meeting. (Govt. Code, Section 54954.2(a)) Except in very limited circumstances, the City Council may not discuss or take action on any item not appearing on the posted agenda.

The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.
b. An emergency item is defined as a work stoppage, crippling activity that severely impairs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5) c. Matters requiring immediate action by the City Council may be added to the agenda by a two-thirds (2/3) vote of the Councilmembers present at the meeting if the Council finds: (i) that there is a need to take action immediately; and (ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2))

4. Declaration of Conflict of Interest:

If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when the matter is under consideration and not return until after the decision is made. However, should a Councilmember have a conflict of interest on a matter which appears on the consent calendar, the Councilmember is not required to leave the room when the item is considered, but public disclosure of the conflict is still required.

5. Consent Calendar:

Items of a routine, non-controversial nature may be placed on the consent calendar at the City Manager’s discretion. Consent calendar items may include the second reading and adoption of City ordinances.

All items may be approved by one motion and one vote. Any Councilmember, the City Manager, the City Attorney, or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from the Consent Calendar for separate consideration by the Council. Prior to the approval of the Consent Calendar, corrections to item(s) on the Consent Calendar may be stated and corrected. Councilmembers may Riverbank City Council Handbook of Rules & Procedures
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register a “No” vote on specific item(s) without removal from the Consent Calendar. As part of the roll call voting, the Councilmember wishing to vote “No” on a particular item shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.

6. Unfinished Business:

Matters continued by the City Council for further consideration by the City Council. Such matters may include formal public hearings that are continued by the City Council to a specific date or other matters where the Council desires further information or materials from City Staff prior to making a decision on the matter.

7. City Council Referrals/Determination of Items for Agenda:
a. Any Councilmember may place an item on the agenda prior to the posting of the agenda by bringing the matter to the attention of the City Manager by 5:00 p.m. on the Monday before agendas are posted. The sponsoring Councilmember shall give the City Manager a brief description of the subject to be printed on the agenda and the item will be placed in the referral section of the agenda. If the proposed agenda item is received after Monday at 5:00 p.m., every effort will be made to add the proposed item to the upcoming agenda. Any items received after the agenda has been posted will be added to the next agenda. b. The City Council, after considering the referral, may do any of the following:
(1) Reject the request.
(2) Refer the matter to staff to schedule as a future City Council agenda item. c. The Councilmember who requested the referral has the privilege of speaking first on the item.
d. No matter which has previously been brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matter, shall be again brought before the Council under Council referral unless it is brought by a Councilmember other than the Councilmember who originally brought it.
e. The City Manager shall have the responsibility for determining all other matters which are placed on the agenda for the City Council meetings, including regular meetings or special meetings. In the exercise of their discretion, the City Manager shall place on the Agenda: (i) those matters which are necessary, in the judgment of the City Manager, to implement the stated policies, goals, priorities or objectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters which are required by law to be considered or determined by the City Council.

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8. Appointments:

Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.

9. Reports:

On the Reports section of the agenda the Mayor, Councilmembers, City Manager, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conferences they have attended. They may also report on various community events and activities they have attended, and other matters related to the operations of the City and the general well-being of the community.

Reports should be brief summaries of activities and concerns and generally should not exceed three to five minutes in length. Since these matters are not on the posted agenda, the Brown Act prohibits the City Council from making any formal decision or reaching a consensus regarding any issue that might be raised. There should be no significant discussion regarding such matters. If the City Council believes that the matter deserves the attention of the Council, it should direct the City Manager to place the matter on a future City Council agenda.

10. Closed Session:

On this portion of the agenda the City Council may discuss and decide certain types of matters which are authorized by the Brown Act to be considered in closed session. The Brown Act prescribes specific descriptions of the various types of closed session matters which must appear on the posted agenda. The Mayor should adjourn the public meeting to closed session to consider such matters. In doing so, it is not necessary to read the agenda description. It is sufficient to simply refer to the numbered agenda item. The Brown Act requires that when certain decisions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed session decisions.

Information provided and discussions held in closed session are confidential and must not be disclosed to the public by any persons attending the closed session unless specifically authorized by a majority vote of the City Council. Violations of this rule of confidentiality may be punished by public censure and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.

M. Commencement of Local Redevelopment Authority Meetings:

The City Council acts as the Local Redevelopment Authority (LRA) for the Former Riverbank Army Ammunition Plant. The LRA has a designated start time for their meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meetings of the LRA for the Former Riverbank Army Ammunition Plant are held on the same dates and times of regular meetings of the City Council. The meetings for the two agencies are held jointly.

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N. Presentations and Proclamations
All requests for presentations and proclamations shall be requested through the City Manager, who will determine the appropriate time to bring back the request to the Council for consideration. Proclamation requests shall be requested at least one month before the City Council meeting in which it is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.

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CHAPTER III

DECORUM
To maintain the confidence and integrity of City business in a manner which is professional and efficient, all participants of the public hearing or meeting process must comply with the foregoing guidelines:

A. Enforcement of Decorum:

1. Councilmembers, City Employees, and Appointed Members Boards/Commissions:

Councilmembers, City Employees, and Appointed Members of the Board/Commission, collectively (“City Representatives”) shall accord the utmost courtesy to each other and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities.

2. Enforcement Against Public Attendees:

The Mayor shall maintain order, decorum, and the fair and equitable treatment of all speakers. The Mayor shall keep discussions and questions focused on the specific agenda item under consideration. In accordance with Government Code section 54957.95, disruptive behavior during a meeting may result in the removal of the individual by the Mayor. Prior to removal of an individual, the Mayor shall warn the individual that their behavior is disrupting the meeting and their failure to cease may result in their removal by Police Services.

B. Courtesy
Disruptive behavior is behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to: (A) failure to comply with reasonable regulations adopted by the Council, or (B) engagement in behavior that constitutes use of force or a true threat of force.

The Mayor, upon his or her discretion or upon the recommendation of another Councilmember, may commence the removal process following the disruptive behavior of the individual member of the public.

Cell Phone Usage:

Cell phone usage is prohibited in the Council Chambers while a meeting is in session.

C. Noise in the Lobby:

Entering/Exiting the Meeting Facility:

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The designated facility for meetings and hearings contains an entrance for staff and a separate entrance for the public. For prompt and orderly seating and to ensure safe and structured exiting, all meeting participants shall endeavor to use their designated entrance/exit when attending City meetings and hearings.

D. Crowd Control in Council Chambers:

If the City Manager, or the City Manager’s designee, anticipates in advance a large number of attendees in the City Council Chambers, he or she shall open overflow viewing.

If a crowd larger than the maximum number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.

E. Smoking:

It is unlawful for any person to smoke in the City Council Chambers.

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CHAPTER IV

PROCEDURAL RULES FOR CONDUCTING MEETINGS
A. Adoption of Procedural Rules:

These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adequate consideration and debate, by elected officials and the public, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to conform to these rules shall not, in any instance, be deemed to invalidate the action taken.

B. Call to Order:

The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and the Vice Mayor, the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor, or until adjournment of the meeting.

C. Roll Call:

Before proceeding with the business of the City Council, the City Clerk shall call the roll of the City Council and the names of those present and those absent shall be entered into the minutes of the meeting. The Mayor shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Three members of the City Council shall constitute a quorum for the transaction of business.

A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law or ordinance, require a greater majority. All ordinances and all orders for the payment of money require at least three (3) affirmative votes.

E. Lack of Quorum:

If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular meeting, the City Clerk may adjourn the meeting to a stated time and place, and cause a notice to be posted in the same manner as above.

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F. Format for Processing Public Hearings/Appeals:

Generally, public hearings shall be conducted in the following order:

1. Regular Public Hearings: (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council

2. Appeals:
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appellant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council

3. Public Hearing Involving a Specific Applicant
(i.e. land use matters and other matters proposed by a specific applicant) - Staff presentation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed to the matter • Rebuttal by Applicant (limited to comment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council
G. Mayor as Presiding Officer or Legislative Proposals:

The Mayor shall be the Presiding Officer at all the meetings of the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Mayor shall possess no veto power.

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The Mayor shall preserve strict order and decorum at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: the length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.

The Mayor shall decide all questions of order, subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Mayor is eligible to vote on all matters coming before the Council for decision and shall direct the order of participation of Councilmembers. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.

H. Recognition to Speak, Councilmember:

Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yield to questions from another Councilmember.

2. Challenged While Speaking:

A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order.

Conversely, the Councilmember shall remain silent or alter any remarks to comply with the rules of the City Council if found not to be in order.

3. Public Hearings:

Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

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I. Addressing the City Council:

1. Speaker Card and Speaker Time:

For all agenda items persons wishing to address the City Council should use Speaker Cards.

After the meeting is called to order, the Presiding Officer shall encourage those persons wishing to address the Council to complete and return to the City Clerk, Speaker Cards, which list their name, address, and the matter on which they wish to be heard. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Presiding Officer.

Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non-agenda items – 3 minutes
Each person shall stand at the podium, if one is available, and is requested to give his or her name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.

2. One Speaker at a Time:

No person other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer. All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.

3. Questions and Comments from the Public:

Questions and comments from the public shall be limited to the subject under consideration, except for Public Comments on non-agenda items.

4. Addressing the City Council after a Motion is Made:

No person in the audience may address the City Council after a motion is made without first securing permission to do so. Upon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.

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J. Continued Agenda Item:

It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, in writing; as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

K. Public Hearing Closed:

Once a hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Councilmember addressed through the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.

L. Division of Question:

If the question contains two or more propositions, each of which is capable of standing as a complete proposition if the others are removed, the Mayor may, and upon request of a Councilmember shall, divide the question.

M. Withdrawal of Motion:

A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.

N. Voting:

All votes of the City Council shall be made by roll call and the results shall be announced and recorded in the minutes by the City Clerk.

O. Failure to Vote:

Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Councilmember to vote. disqualification shall constitute a “no” vote. A Councilmember who fails to vote shall nonetheless be counted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.

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P. Abstention/Recuse: Conflict of Interest:

Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such an event, they may not participate in the discussion or the vote.

Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Councilmember shall leave the Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

Q. Tie Votes:

All tie votes shall be deemed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonably known that all Councilmembers will be present.

R. Appeal from the Mayor’s Decision:

When the rules are silent, the Mayor shall decide all questions of order, subject to appeal by any Councilmember. When in doubt, the Presiding Officer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Mayor shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.

S. Parliamentary Motions and Procedures for the Processing of Council Business:

The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encouraged to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative processing procedures are intended to override State law or local ordinance provisions.

T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:

1. Announcement of Agenda Item.

The Mayor should announce the agenda item number and read the agenda description of the item under consideration.

2. Reports Concerning the Agenda Item.

The Mayor should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda item.

3. Questions by Council.

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The Mayor should invite questions by the Council of those person(s) who have presented reports(s).

4. Public Comment.

The Mayor should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in Chapter IV, F shall be followed.

5. Motion by City Council.

The Mayor should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.

6. Seconding of Motion.

The Mayor should determine if any member of the Council wishes to second the motion.

If there is no second to the motion, the Mayor shall have discretion to proceed with the motion in the absence of a second.

7. Repeat the Motion.

The Mayor, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)

8. Discussion of Motion.

The Mayor should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy Mayor should repeat the motion.

9. Council Vote.

After discussion of the Council is concluded (and no motion to amend or substitute the motion has been made) the Mayor should call for the roll call vote.

10. Announcement of Vote.

City Clerk should announce the result of the vote.

U. Summary of Rosenberg’s Common Motions:

1. Motion to Amend.

Used to change or modify a motion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.

2. Substitute Motion.

Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.

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3. Motion to Adjourn.

Requires immediate adjournment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.

4. Motion to Recess.

Requires an immediate recess with length determined by the Mayor. - Requires a second.
- Not debatable.
- Simple majority.

5. Motion to Fix Time to Adjourn.

Requires adjournment at a specific time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.

6. Motion to Table or Continue.

Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.

7. Motion to Limit Debate.

Stops debate on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a two-thirds (2/3) vote.

8. Motion to Object to Consideration of Item.

Requires removal of items from the agenda.
- Requires a second.
- Not debatable.
- Requires a two-thirds (2/3) vote.

9. Motion to Suspend the Rules.

Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a two-thirds (2/3) vote.

10. Motion to Reconsider.

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Allows a matter voted upon to be reopened for further debate. - Applies only to extent existing law or ordinance provision does not prohibit reconsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a two-thirds (2/3) vote.
- Must be made at the meeting where item was voted upon or at very next meeting of Council.
- Must be made by a member who voted with the majority.

V. Processing of Multiple Motions:

1. Only three (3) motions may be on the floor simultaneously.

2. A fourth motion is out of order and would not be permitted.

3. The Council should first consider and vote on the last motion made.

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CHAPTER V

BOARDS, COMMISSIONS & COMMITTEES

CITY REPRESENTATIVES & STANDING COMMITTEE
A. Definitions:
a. Boards, Commission and Committees:

The City Council may establish by ordinance or resolution all boards and commissions, including ad hoc committees, which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. Boards, commissions, and committees shall be governed by the same rules and procedures as the City Council. b. City Representatives:

Councilmembers and citizens may be appointed by the Mayor to serve on County, regional or multi-purpose agencies, committees and commissions to represent the City, with confirmation by the City Council.
c. Standing Committees:

Standing committees are those created by ordinance or resolution of the City Council which have a continuing subject matter jurisdiction, or a meeting schedule fixed by formal action of the City Council. Membership of such committees may consist of Councilmembers and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. Ad Hoc Committees:

Ad hoc committees are those committees created by ordinance, resolution, or motion of the City Council which are formed for a limited time and purpose and without any continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.

B. Application and Appointment Process:

All members of boards, commissions and committees, except Councilmembers, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:

The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.

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of the closing date. At the meeting scheduled where the Mayor makes appointments, the City Clerk shall provide a copy of all applications received by the City Council. b. Application Required:

No person shall be appointed to a board, commission or committee without filing a written application for appointment with the City Clerk prior to 5:30 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:

The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. All Applications Provided to All Councilmembers:

The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board, commission or committee on the same Council meeting.
f. Councilmember Appointment:

Councilmembers may volunteer annually to serve on intergovernmental agencies, committees, or commissions, with each appointment confirmed by the City Council.

The term of each appointment shall be one year, with the option for the Councilmember to be reaffirmed for a second consecutive year, ensuring continuity and active participation in regional and state matters. If no motion is made to submit the intended appointment to a formal vote of the City Council immediately following the announcement, the appointment is deemed approved.

C. Inability to Attend/Notification of Alternate:

If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.

D. Removal of Member of Board or Commission or Committee or City Representative:

Any member of a board, commission or committee and any City representative or liaison to an outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the Riverbank City Council Handbook of Rules & Procedures
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agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

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RULES AND

PROCEDURES
City Council
ATTACHMENT 2
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RIVERBANK CITY COUNCIL

RULES AND PROCEDURES

TABLE OF CONTENTS
Introduction ………………………………………………………………………1
CHAPTER I - GENERAL, POWERS and DUTIES ...........................................3 A. City Council Basic Power:...................................................................................................... 3 B. Elected Mayor ......................................................................................................................... 3 C. Vice Mayor:............................................................................................................................. 4 D. Vice Mayor Selection:............................................................................................................. 4 E. Vacancies:................................................................................................................................ 4 F. Rules of Procedures:............................................................................................................... 4 G. Council Position on Ballot Measure(s) or Legislative Proposals:................................. 4445 H. Council- Staff Relations: ........................................................................................................ 5 I. Access to Information and Communications Flow.............................................................. 6 J. Council Conflicts, Ethics & Liability .................................................................................... 7 CHAPTER II............................................................................................. 14141411 CITY COUNCIL MEETINGS................................................................ 14141411 A. Meetings..................................................................................................................... 14141411 B. Regular Meetings:..................................................................................................... 14141411 C. Special Meetings & Emergency Meetings: ............................................................. 14141411 D. Workshops:................................................................................................................ 14141411 E. Adjournment of Meetings: (Govt. Code §54955)................................................... 14141412 F. Continuance of Hearings: (Govt. Code §54955.1).................................................. 15151512 G. Cancellation of Meeting: .......................................................................................... 15151512 H. Voting Requirements:............................................................................................... 15151513 I. Method of Action - Ordinances and Resolutions................................................... 16161614 J. Agenda:...................................................................................................................... 18181816 Riverbank City Council Handbook of Rules & Procedures
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1. Order of Business:...................................................................................................... 18181816 L. Selective Components of a Regular Meeting:......................................................... 19191917 CHAPTER III ........................................................................................... 24242423 DECORUM................................................................................................ 24242423 A. Enforcement of Decorum:........................................................................................ 24242423 D. Crowd Control in Council Chambers:...Error! Bookmark not defined.Error! Bookmark not defined.2524
E. Smoking:.............................Error! Bookmark not defined.Error! Bookmark not defined.2524 CHAPTER IV............................................................................................ 26262625 A. Adoption of Procedural Rules: ................................................................................ 26262625 B. Call to Order:............................................................................................................ 26262625 B. Roll Call:.................................................................................................................... 26262625 C. Quorum:..................................................................................................................... 26262625 D. Lack of Quorum:....................................................................................................... 26262625 F. Format for Processing Public Hearings/Appeals:.................................................. 27272726 G. Mayor as Presiding Officer or Legislative Proposals:........................................... 27272726 H. Recognition to Speak, Councilmember: ................................................................. 28282827 I. Addressing the City Council:................................................................................... 29292928 J. Continued Agenda Item:.......................................................................................... 30303029 K. Public Hearing Closed:............................................................................................. 30303029 L. Division of Question:................................................................................................. 30303029 M. Withdrawal of Motion:............................................................................................. 30303029 N. Voting:........................................................................................................................ 30303029 O. Failure to Vote: ..................................................................................................................... 30 P. Abstention/Recuse: Conflict of Interest:................................................................. 31313130 Q. Tie Votes:................................................................................................................... 31313130 R. Appeal from the Mayor’s Decision: ........................................................................ 31313130 Riverbank City Council Handbook of Rules & Procedures
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31313130
T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:..... 31 U. Summary of Rosenberg’s Common Motions: ....................................................... 32323231 V. Processing of Multiple Motions:.............................................................................. 34343433 CHAPTER V ............................................................................................. 35353534 A. Definitions:................................................................................................................. 35353534 B. Application and Appointment Process: …………………………………………………... 35 C. Inability to Attend/Notification of Alternate:.......................................................... 36363635 D. Removal of Member of Board or Commission or Committee or City Representative:
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Introduction
Purpose of Riverbank Procedures Manual
The City of Riverbank (the “City”) has prepared this City Officials’ Handbook (the “Handbook”) to assist Councilmembers and other City Officials (collectively, “City Officials”) by documenting accepted practices and clarifying expectations. This Handbook should serve as a reference on adopted practices and procedures pertaining to Riverbank City Council (“Council”) meetings, meetings of Boards, Commissions, provide an overview of City operations, Council powers and responsibilities, expected behavior and decorum from Councilmembers and other elected or appointed officials, and related matters.

The Handbook supersedes any other handbooks which govern the Council, Boards, or Commissions.

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4. General Plan: Often referred to as a City’s development constitution, a state mandated general plan addresses adopted future land development plans and policies.

Basic Definitions

At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations.

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CHAPTER I
GENERAL, POWERS and DUTIES
A. City Council Basic Power:

All powers of the City are and shall be vested in the City Council, subject to the provisions of the Riverbank Municipal Code and to the Constitution and statutes of the State of California.

B. Elected Mayor

3. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.

5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.

In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California Cities groups and meetings for elected officials.

6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City Chamber of Commerce.