Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, June 24, 2025 (part 2 of 2)

LRA Item 10.2 – CC/LRA 06/24/2025
The Authority is requesting the assistance of the City of Riverbank General Fund to absorb the shortfall to support the redevelopment efforts, environmental remediation and transfer of the former Riverbank Army Ammunition Plant real property.

STRATEGIC PLANNING ALIGNMENT
The presentation of the LRA’s FY 2025-26 budget supports the City’s mission and reinforces the City’s core values of transparency and fiscal responsibility.

ATTACHMENT

1. LRA Resolution 2025-

2. FY 2025-26 Proposed Budget

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CC/LRA 06/24/2025
LRA Resolution 2025-

RIVERBANK LOCAL REDEVELOPMENT AUTHORITY
RESOLUTION 2025-

A RESOLUTION OF THE LOCAL REDEVELOPMENT AUTHORITY BOARD OF THE CITY OF RIVERBANK ADOPTING THE FISCAL YEAR 2025-26 ANNUAL BUDGET

THE RIVERBANK LOCAL REDEVELOPMENT AUTHORITY (HEREAFTER
REFERRED TO AS THE “LRA BOARD”) DOES HEREBY RESOLVE THAT:

WHEREAS, the Riverbank Local Redevelopment Authority (“LRA”) acts in accordance with the Defense Base Closure and Realignment Act of 1990; and, WHEREAS, as a condition of the lease with the Army, the LRA must obligate all of its revenues to be spent on the protection, maintenance and improvement of the facilities; and,
WHEREAS, the LRA has provided the anticipated revenue and expenditures for the LRA; and,
WHEREAS, the Local Redevelopment Authority Board has reviewed the proposed budget for Fiscal Year 2025-26’s operational budget.

NOW, THEREFORE, BE IT RESOLVED that the Local Redevelopment Authority Board of the City of Riverbank hereby approves the proposed operating budget for Fiscal Year 2025-26 as follows:

1. Revenues are estimated to be approximately $537,231

2. Expenditures are estimated to be approximately $769,470

3. Structural Deficit of $232,239 to be offset by a General Fund Subsidy.

PASSED AND ADOPTED by the Local Redevelopment Authority Board of the City of Riverbank at a meeting held on the 24th day of June, 2025; motioned by Authority Member ______, seconded by Authority Member ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez,CMC Rachel Hernandez
LRA Secretary Chair
ATTACHMENT 1
FY 2025/26 Annual Proposed Budget
FY 2025-26
Proposed
Revenue
MDA annual payment (Fund 197) 145,000
ESCA #2 392,231
Total Revenue 537,231
Expenditures
Salaries/Benefits 163,000
Administrative Expenses
Travel 0
Equipment 0
Office Supplies/Legal Ads 2,500
Phones 600
Copier 1,200
Postage 25
Janitorial 1,200
Professional Services
Legal - General Municipal 25,000
Legal- Litigation on 2 lawsuits 150,000
Legal - Conveyance 50,000
Weston Contract ESCA #2 172,136
SJES Contract ESCA #2 203,809
Total Expenditures 769,470
Net Revenues Less Expenditures** -232,239
**Requested General Fund Subsidy
ATTACHMENT 2

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LRA Item 11.1 – CC/LRA 06/24/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO.11.1
SECTION 11: NEW BUSINESS
Meeting Date: June 24, 2025
Subject: LRA Resolution Adopting the Riverbank Local Redevelopment Authority Cross-Connection Control Program
From: Marisela H. Garcia, City Manager
Submitted by: Nubia I. Goldstein, City Attorney’s Office Cody Bridgewater, Director of Public Works

RECOMMENDATION
Consider adoption of a Resolution establishing the Riverbank Local Redevelopment Authority (“RLRA”) Cross-Connection Control Program (“Program”).

SUMMARY
The State Water Resources Control Board has adopted the Cross Connection Control Policy Handbook (“CCCPH”) to establish guidelines for public water systems (“PWS”) to follow to ensure that appropriate backflow prevention assemblies are installed at connections to the PWS to prevent contamination of the water supply. The Program that would be adopted through the Resolution follows the guidelines in the CCCPH to protect RLRA’s public water supply system from contamination due to potential and actual crossconnections.

A cross-connection is an interconnection between a portable water supply and a nonpotable source via any connection between a PWS and any source distributing substances not from an approved water supply. Backflow is the unintended reversal of the flow of water and other substances into a PWS’s distribution system. If backflow occurs through a cross-connection, there is potential for contaminants to enter the potable water supply. Backflow prevention assemblies can be installed on cross-connections to prevent backflow from contaminating the potable water supply.

In December 2023, the State Water Resources Control Board adopted the CCCPH, replacing the requirements previously contained in Title 17 of the California Code of Regulations governing backflow prevention and cross-connection control. The CCCPH requires each PWS to implement and enforce a cross-connection control program by July 4916-4943-9556, v. 4
1, 2025. A PWS must establish operating rules to implement their cross-connection program. This resolution establishes the RLRA’s operating rules for its Cross-Connection Program. The proposed Program establishes the following:
• The RLRA Director as the cross-connection control program coordinator. • Cross-connection protection requirements, including the prohibition of unprotected cross-connections and identifying acceptable backflow prevention assemblies and the criteria for selecting a device for each connection. • A process to notify and conduct required testing of cross-connections. • The ability of the RLRA to terminate any connections that represent a clear and immediate hazard to the water supply.

FISCAL IMPACT
All costs of testing, repair, and maintenance of cross-connections will be borne by the water user.

ATTACHMENTS:

1. Resolution

2. RLRA Cross-Connection Control Program

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CC/LRA – 06/24/2025
LRA Resolution 2025-

RIVERBANK LOCAL REDEVELOPMENT AUTHORITY
RESOLUTION 2025-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RIVERBANK LOCAL

REDEVELOPMENT AUTHORITY ADOPTING A CROSS-CONNECTION CONTROL

PROGRAM

THE RIVERBANK LOCAL REDEVELOPMENT AUTHORITY (HEREAFTER
REFERRED TO AS THE “LRA BOARD”) DOES HEREBY RESOLVE:

WHEREAS, the California State Water Resources Control Board (“State Water Board”) exercising its authority under the California Safe Drinking Water Act (“SDWA”), adopted the Cross Connection Control Policy Handbook (“CCCPH”) to establish enforceable standards applicable to California Public Water Systems (“PWS”) for cross connection control; and
WHEREAS, the Riverbank Local Redevelopment Authority (“RLRA”) is a PWS; and
WHEREAS, as a PWS, the RLRA is required to implement a cross-connection control program to comply with the regulations of the CCCPH; and WHEREAS, to comply with the requirements in the CCCPH, RLRA has developed a Cross Connection Control Program document.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Riverbank Local Redevelopment Authority, a Cross Connection Control Program is hereby established as provided in Exhibit A attached hereto and incorporated herein.

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Riverbank Local Redevelopment Authority at a regular meeting held on the 24th day of June, 2025; motioned by Authority member _______, seconded by Authority member ______; moved said resolution by a Board of Directors vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTACHMENT 1

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CC/LRA – 06/24/2025
LRA Resolution 2025-
ATTEST: APPROVED:
_________________________ __________________________
Gabriela Hernandez, CMC Rachel Hernandez
LRA Secretary Chair
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

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CC/LRA – 06/24/2025
LRA Resolution 2025-

EXHIBIT A

CROSS-CONNECTION CONTROL PROGRAM
FOR

RIVERBANK LOCAL REDEVELOPMENT AUTHORITY
June xx, 2025
4939-1368-7363, v. 6
Contents
SECTION I- PURPOSE .....................................................................................................................................1 Section II – RESPONSIBILITY..........................................................................................................................1 SECTION III- CROSS-CONNECTION PROTECTION REQUIREMENTS ...............................................................1 SECTION IV- BACKFLOW PREVENTION ASSEMBLIES.....................................................................................1 SECTION VI- ADMINISTRATION.....................................................................................................................2 SECTION VII- WATER SERVICE TERMINATION...............................................................................................2 SECTION VIII- EFFECTIVE DATE......................................................................................................................2 4939-1368-7363, v. 6
1 4939-1368-7363, v. 6

SECTION I- PURPOSE
The purpose of this program is to protect the public water supply system from contamination due to potential and actual cross-connections. This shall be accomplished by the establishment of a cross-connection control program as required by State regulations. This program is adopted pursuant to the State Water Resources Board Cross-Connection Control Policy Handbook (“CCCPH”). The CCCPH and “Standards and Principals for California’s Public Water Systems- (PWS)”, apply to all California PWS’s as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with the CCCPH is mandatory for all California PWS’s. As of July 1, 2024, the CCCPH requirements become effective and replace the previous mandates found in Title 17, Section 7583-7605.

Section II – RESPONSIBILITY
The RLRA Director shall be responsible for implementing and enforcing the CCCPH and the Riverbank Local Redevelopment Authority (“RLRA”) Cross-Connection Control Program (CCCP).

An appropriate backflow prevention assembly shall be installed by and at the expense of the water user at each user connection where required to prevent backflow from the water user’s premises to the domestic potable water system. It shall be the water user’s responsibility to comply with the RLRA’s requirements pursuant to the CCCPH.

SECTION III- CROSS-CONNECTION PROTECTION REQUIREMENTS
The type of protection that shall be provided to prevent backflow into the public water supply system shall be commensurate with the degree of hazard, actual or potential, that exists on the water user’s premises. Unprotected cross-connections with the public water supply are prohibited. The type of backflow prevention assembly that may be required (listed in decreasing level of protection) includes: Air-Gap (AG) separation, Reduced Pressure Principal Backflow Prevention Assembly (RP), and a Double Check Valve Assembly (DC). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow protection required to protect the approved water supply at the user’s water connection to premises with varying degrees of hazard are listed in the CCCPH. Situations that are not covered in the CCCPH shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the water supplier.

SECTION IV- BACKFLOW PREVENTION ASSEMBLIES
Only backflow prevention assemblies which have been approved by the RLRA shall be acceptable for installation by a water user. A list of approved backflow prevention assemblies will be provided upon request to any affected water user. Backflow prevention assemblies shall be installed in a manner prescribed by the CCCPH. Location of the assemblies shall be as close as practicable to the user’s connection. The RLRA shall have the final authority in determining the required location of a backflow prevention assembly. Testing of backflow assemblies shall be conducted only by certified testers approved by the RLRA and testing will be the responsibility of the water user. Backflow prevention assemblies must 2 4939-1368-7363, v. 6
be tested at least annually and immediately after installation, relocation, or repair. More frequent testing may be required if deemed necessary by the RLRA. No assembly shall be placed back into service unless it is functioning as required. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

Approval must be obtained by RLRA prior to removing, relocating, or replacing a backflow prevention assembly.

SECTION VI- ADMINISTRATION
The cross-connection control program shall be administered by the RLRA Director. The RLRA will establish and maintain a list of approved backflow prevention assemblies as well as a list of approved backflow prevention assembly testers. The RLRA shall conduct necessary surveys of water user premises to evaluate the types and degrees of hazards at a user’s premises. The RLRA shall notify users when an assembly needs to be tested. The notice shall contain the date when the test must be completed.

SECTION VII- WATER SERVICE TERMINATION
When the RLRA encounters water users that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the procedure for terminating water service shall be instituted.

Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following:

1. Refusal to install or to test a backflow prevention assembly, or to repair or replace a faulty backflow prevention assembly.

2. Direct or indirect connection between the public water system and a sewer line.

3. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.

4. Unprotected direct or indirect connection between the public water system and an auxiliary water system.

For condition 1, the RLRA will terminate service to a water user’s premises after proper notification has been sent. If no action is taken within the allowed time period water service shall be terminated.

For conditions 2, 3, or 4, the RLRA shall take the following steps.

1. Make reasonable effort to advise the water user of intent to terminate water service;

2. Terminate water service and lock service valve. The water service shall remain inactive until correction of violations has been approved by the RLRA.

SECTION VIII- EFFECTIVE DATE
This program shall supersede all previous cross-connection control policies, ordinances, and resolutions and shall take effect thirty (30) days from the date of its adoption.

NONTRANSIENT NONCOMMUNITY (NTNC) WATER SYSTEM

CROSS-CONNECTION CONTROL (CCC) PLAN
To comply with section 3.1.4 of the Cross-Connection Control Policy Handbook (CCCPH), each public water system (PWS) must submit a written Cross-Connection Control (CCC) Plan to the State Water Board for review.

PWS Information
PWS Name: RIVERBANK LRA
PWS Number: CA5000211
Facility Type: Industrial / Agricultural
Facility Address: 5300 CLAUS RD STE 1
Number of Buildings Served: 13
Number of Buildings with Fire
Sprinklers: All Buildings; Separate Air Gap Fire System Does the water system have customers
who purchase water?
☒ YES, number of customers: ___24_____
☐ NO
Our PWS has ownership of all buildings served by the PWS. ☒ YES ☐ NO If “no”, attach a copy of the operating rule(s), ordinance(s), bylaws, resolution(s), or other document(s) which authorize the PWS to enforce CCC program requirements.

Cross-Connection Control Coordinator Contact Information In-house employee or contractor? ☐ In-house ☒ Contractor ☐ Other Name: Garett’s Cross-Connection Control
Phone number: 209-768-9550
Email: [email protected]
Address: P.O. Box 1791 Woodbridge CA, 95258
Coordinator qualifications
(experience, training, and/or
certifications):
28 Years Experience in the Water / Wastewater
Backflow Prevention Assembly Tester; AWWA #
08417
Cross-connection Control Specialist; AWWA # 10277
T5 Operator; SWRCB # 21723
D4 Operator; SWRCB # 8864
Grade 1 Water Quality Analyst; AWWA # 020067
Grade 5 Wastewater Operator; SWRCB # 10348
Santa Rosa Junior College; AS Wastewater
Treatment Operations
UC Sacramento; Water Specialists Certificate
UC Sacramento; Wastewater Specialists Certificate
Initial Hazard Assessments
ATTACHMENT 2
Note: noncommunity hazard assessments must be completed prior to July 1, 2026 Date of initial hazard
assessment:
(a copy of the report is
attached)
June 8, 2021
Name and certifications of who
reviewed or conducted the
hazard assessment:
23 Years Experience in the Water / Wastewater
Backflow Prevention Assembly Tester; AWWA # 08417
Cross-connection Control Specialist; AWWA # 10277
T5 Operator; SWRCB # 21723
D3 Operator; SWRCB # 8864
Grade 1 Water Quality Analyst; AWWA # 020067
Grade 5 Wastewater Operator; SWRCB # 10348
UC Sacramento; Water Specialists Certificate
UC Sacramento; Wastewater Specialists Certificate
Did you comply with all the
recommendations from the
hazard assessment?
☐ YES ☒ NO ☐ UNKNOWN
If you answered “no” to the
question above, please explain
why.

The Riverbank Industrial Complex (LRA) started
discussions with the City of Riverbank to establish an
interconnection and remove the existing wells and
water system tanks from the drinking water system.

Are all known hazards
protected with appropriate
backflow prevention within
your service area?
☒ YES ☐ NO ☐ UNKNOWN
Date of the next planned
hazard assessment: We will conduct a second hazard assessment July 2026 Did the hazard assessment find
any auxiliary water supplies? If
yes, what type?
☒ YES ☐ NO
There are existing wells that are out of service; a
continued treatment process is cleaning and
discharging the treated water.

Backflow Preventer Inventory and Testing Procedures
Our PWS has backflow prevention assemblies installed. ☒ YES ☐ NO If “yes”, attach a list of your current inventory. See example list in Attachment 1.

Required backflow prevention assembly maintenance, repair, or replacement will happen within ____30____ days after identification.

All backflow prevention assemblies are tested annually.

Only certified backflow prevention assembly
testers can test backflow prevention
assemblies. If applicable, provide the name(s)
and certification(s) of the certified testers
used at the PWS.

Ryan Heryford Backflow Prevention
Assembly Tester; Certification AWWA
# 16866; Gold Flow Operations
Garett’s Cross-Connection Control
Backflow Prevention Assembly Tester;
AWWA # 08417
I certify that our testers’ field test kit is
accurate and recently verified. ☒ YES ☐ Not Applicable
I certify that testers provide the PWS with
copies of the backflow prevention assembly
test results.
☒ YES ☐ Not Applicable
The PWS has non-testable backflow
preventers used for internal protection (for
example single or dual check valves)?
☐ YES ☒ NO
If yes, complete Attachment 2 –
Inventory of non-testable backflow
preventers.

If “yes”, were the non-testable backflow
preventers installed and maintained in
accordance with the CA Plumbing Code?
☐ YES ☐ NO ☐ UNKNOWN
If “no” or “unknown”, by what date will all
non-testable backflow preventers meet CA
Plumbing Code requirements?
Backflow Incident Response, Notification, and Reporting In the event of a suspected or known backflow incident, I certify that our PWS system will:

Respond and investigate all suspected backflow incidents by responding to and documenting complaints, conducting water quality sampling, and checking pressure.
☒ YES
Notify the regulatory agency (DDW or County) within 24 hours of discovering a known or suspected backflow event.
☒ YES
If directed by the regulatory agency, notify customers with appropriate public notification within 24 hours. ☒ YES
Complete a Backflow Incident Report at the request of the regulatory agency (DDW or County).
☒ YES
Public Outreach and Local Entity Coordination
Describe how your PWS coordinates with those that conduct plumbing work about backflow protection and CCC: Via email and in person meetings with all subcontractors that work at the RIC.

Our PWS educates customers that may present a cross-connection hazard. For example, temporary visitors using RV Park hookups. ☐ YES ☒ Not Applicable If “yes”, please describe how this education is provided:

Describe procedure for coordination regarding the CCC program with local entities. For example: local fire, local building official, etc.

All local entities that oversee water system operations will be provided via email a copy of the approved CCC program documents.

Record Keeping
CCC program documents, including backflow prevention assembly test reports, hazard assessments, contracts, and our inventory (including location and type) of all backflow preventers are stored using the following method(s):
☒ DIGITAL ☒ HARD COPY ☒ BOTH ☐ OTHER:

Our PWS stores all backflow prevention assembly testing, repair, inspection, and maintenance records for at least three years. ☒ YES
List of Appendix
Appendix A --------HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES Appendix B --------PWS Guide to Responding to a Backflow Incident Appendix C --------BACKFLOW INCIDENT REPORT FORM
Appendix D -------- Cross-connection Control Survey & Hazardous Assessment Appendix E ---------Rules & Regulations
Appendix F ---------List of Installed Backflows
Certification
I certify that the information submitted in this CCC Plan is accurate and that we will comply with the Cross-Connection Control Policy Handbook (effective date July 1, 2024).

Our PWS will ensure its Cross-Connection Control Plan is, at all times, representative of the current operation of its Cross-Connection Control program.

Attached are copies of our backflow preventor inventories, our CCC enforcement authority, and hazard assessments (if completed).

Name: Role:

Signature: Date:

DDW / LPA Review:

The water system has demonstrated compliance with the CCC Plan requirements of the CCCPH.

Name: Title:

Signature: Date:

Appendix A

HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES
The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1.

1. Sewage handling facilities

2. Wastewater lift stations and pumping stations

3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+)

4. Petroleum processing or storage plants

5. Radioactive material storage, processing plants or nuclear reactors

6. Mortuaries

7. Cemeteries

8. Sites with an auxiliary water supply interconnected with PWS (+)

9. Sites with an auxiliary water supply not interconnected with PWS

10. Premises with more than one connection to the PWS (++++)

11. Recycled water (++)(+++)

12. Recycled water interconnected to piping system that contains water received from a PWS (+)

13. Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS

14. Medical facilities

15. Kidney dialysis facilities

16. Dental office with water-connected equipment

17. Veterinarian facilities

18. Chemical plants

19. Laboratories

20. Biotech facilities

21. Electronics manufacture

22. Dry cleaner facilities

23. Industrial or commercial laundry facilities

24. Metal-plating facilities

25. Business park with a single meter serving multiple businesses

26. Marine-port facilities

27. Car wash facilities

28. Mobile home park, RV park, or campgrounds with RV hookups

29. Hotels/motels

30. Gas stations

31. Fire stations

32. Solid waste disposal facilities

33. Pet groomers

34. Agricultural premises

35. Hazard assessment access denied or restricted

36. Railroad maintenance facilities

37. Incarceration facilities (e.g. prisons)

38. Temporary connections to fire hydrants for miscellaneous uses, including construction

39. Private water distribution mains

40. Drinking water storage tank overflow connected to a sump or storm drain (+)

41. Airports
(+) Premise isolated by air gap only except as allowed through CCCPH Section

3.2.2(c)
(++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316.
(+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual cross-connection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA.
(++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g. if one connection requires an RP then all connections must have RPs installed).

Appendix B
A Public Water System (PWS) Guide to Responding to a Backflow Incident Introduction:

Although California law requires protection of public water systems from contamination through unprotected cross-connections, occasionally a backflow incident will occur in which the distribution system of a public water system becomes contaminated.

A cross-connection is a physical connection between drinkable water and a liquid or gas that could make the water unsafe to drink (wherever there is a cross-connection, there is a potential threat to public health from the liquid or gas contaminants).

A backflow incident is a confirmed case where a pollutant or contaminant enters the water supply as a result of back-siphonage or back-pressure. Changes in water quality, such as changes in pH, temperature, coliform count, and disinfectant residual, can result from a backflow incident. Many such incidents pass unreported due to the difficulty in identifying the cause of a change in water quality.

This guide has been developed to help public water systems respond to a backflow incident.

Who Should Read This Guide?
This guide is intended for those who work in a public water system (PWS)—for example, a water district, a water supply corporation, a city, or an investor-owned system. In this guide, “you” refers to the PWS and its staff members. Members of the general public, who are the customers of PWSs, will also find answers in this guide to many questions about responding to backflow incidents. This publication is for general guidance only. It does not take the place of the rules and regulations established to prevent backflow from occurring in the distribution systems of PWSs.

How Can I Determine if Backflow Has Occurred?
Customer complaints of changes in water quality—such as unusual odor, color, or taste—or physical harm from water contact can indicate backflow. Water-system personnel handling quality complaints should be well-educated about backflow so that they can identify potential incidents. Water operators may note a drop in operating pressure, lowered chlorine residual, a spike in coliform detections, or water meters running in reverse, any of which may indicate that backflow has occurred.

However, it is very difficult to determine whether any of these occurrences are due to backflow.

Backflow incidents may not be detected for many reasons, such as:
• Bacterial contamination is usually transient and localized, so sampling may not detect it. • Chemical and bacterial monitoring is not thorough or frequent enough to identify most backflow incidents.
• Not all contamination can be detected by color, odor or taste, so it passes unreported by customers.
• Water system operators may not report suspected backflow incidents due to concerns about liability and loss of consumer confidence.
• Customers may not report all irregularities in water quality. • Incidents of reduced pressure in water distribution systems are often transient and difficult to detect by conventional pressure-monitoring equipment, and may be localized. Reduced pressure is often due to routine flushing or line breaks. • Health effects are difficult to link to backflow incidents, especially chronic effects. • Contamination may not be widespread enough to draw the attention of public health officials. • Information that could link an outbreak of illness to a backflow incident is often lacking.

It is important to encourage industrial and residential customers to report backflow incidents to the public water system immediately.

PWS Responce to a Backflow Incident
Emergency-Response Protocol When PWS personnel are first notified of a backflow incident, they should determine whether the cross-connection still exists. If so, staff members should begin at step 1 below. If the cross-connection has been eliminated, begin at step 3.

In the event of a backflow incident, public water system personnel should:
1) Prevent Further Contamination
Stop the pressure differential that caused backflow of the contaminant, if possible. For example, if the differential is the result of low pressure in the distribution system, check the status of the service pumps.
2) Identify and Isolate the Cross-Connection
For example, if the cross-connection is due to back-siphonage of chemicals through a garden hose left hanging into a chemical tank, disconnect the garden hose at the residence to create an air gap between the potable-water supply and the chemicals. 3) Document the Contaminant(s),
If Known document the reported contaminant. If the contaminant is unknown, skip to step 8 (sampling) in order to determine the type of public health threat posed by the contaminant.

Then return to step 4.
4) Notify the Public In areas where human exposure to harmful contaminants is suspected, Immediately notify affected consumers of restricted water usage and recommend that they do not drink the water. The public notice should explain the cause of the contamination and corrective actions that are under way and should discuss health effects as appropriate. The type of public notice depends on the type of contaminant. Issue a “boil water” notice if the contaminants are biological, and if boiling does not create other health problems through inhalation or skin contact with vapor. Issue a “do not drink” notice if the contaminants are chemical, and if vapor and skin contact do not pose risks. A “do not use” notice should be issued if the contaminant is unknown, treatment of the water is not possible, or the contaminant poses a health risk through inhalation of water vapor or skin contact with vapor. Because “do not use” and “do not drink” notices place a great burden on critical facilities, such as hospitals, alternate water sources must be secured immediately.
5) Notify the appropriate DDW staff.
6) Notify Additional Authorities As appropriate,
it is recommended that the following individuals and organizations be notified if appropriate for the specific incident, as directed by the DDW regulator:
• Media Relations (if public or media interest is high). • Other state and local authorities and facilities as appropriate, such as local government, state and local emergency management, the local wastewater facility, the health department and affected critical-care facilities including the fire department, which needs to know which hydrants can be used for firefighting. If evidence of intentional contamination of the water system arises, notify the following agencies (available 24 hours a day, seven days a week):
o The Federal Bureau of Investigation (FBI)
o The National Response Center (NRC) at 800-424-8802
7) Isolate the Contamination
If the contaminated portion of the distribution system can be easily isolated, proceed to step 11.

If the contamination is extensive and its extent is unknown, proceed to step 8. 8) Sample the Water to Determine the Type and Extent of Contamination Sample the water to determine the level of the reported contaminant. If your knowledge of the backflow incident is based on a customer complaint but the specific contaminant is unknown, take samples of water appropriate to the taste, odor, or appearance noted in the complaint. For example, if a customer complains of a gasoline odor in the water, perform a test for volatile organic compounds. Always take bacteriological samples if the specific contaminant is unknown.

Throughout the incident, continue to take appropriate samples within and outside of the suspected contaminated area to assess the extent of the contamination. 9) Make a Plan for Systematic Flushing
Develop a plan for thorough cleaning or flushing of the system to minimize the risk of drawing contaminants into uncontaminated areas. The plan should indicate the amount of water and the length of time needed to completely flush the system. The direction of flow should follow the principles of unidirectional flushing, ensuring that clean water is drawn through the contaminated site and contaminated water is prevented from entering uncontaminated areas.

Depending on the nature of the contamination, some wastes may be discharged into the sanitary sewer and some may need special handling or treatment. Inform the water customers of the remediation plans and whether they will need to flush their plumbing, including water heaters, ice makers, and other appliances.
10) Isolate the Contamination and Flush
Isolate the contaminated portion of the distribution system and flush the system and, where necessary, clean the customer’s private water distribution facilities. 11) Sample after Flushing
After flushing and any necessary cleaning, test the drinking water in affected areas to ensure the contamination has been removed. The type of samples that should be collected depends on the type of contamination that has been identified.
12) Eliminate Risk of Future Contamination
Ensure that the source of contamination has been removed and that the risk of future contamination has been eliminated. If the backflow incident occurred at a residence or business (the customer side of the meter), perform a customer-service inspection at that location. If possible, develop a plan to lower the risk of this type of cross-connection recurring in the future.

The plan should include contacting similar types of businesses with preventive guidance. 13) Restore Consumer Confidence in Water Quality
Inform the public when the water is clean and safe to drink. Lift the public-health notice restricting water usage in the same manner it was issued. 14) Prepare a Written Summary of the Incident and Submit It to DDW:

Questions & Answers Responding to a Backflow Incident
What is a backflow incident and what causes it?
• Engineers design water systems so that water flows from the distribution system to customers.

However, unusual conditions can cause the water to flow backwards—from a customer’s plumbing system into the public water system. Backflow can occur at any potential physical “cross connection” between a public water system or the customer’s water system and any source of liquid, solid, or gas that could contaminate the water supply.

What Conditions Cause Backflow?
• Backsiphonage: Occurs when pressure in the public water system drops below a customer’s plumbing system pressure.
• Backpressure: Occurs when pressure in a customer’s plumbing system rises above the public water supply pressure.

Should water system operators be concerned about a backflow incident? • Yes. Backflow incidents can pose a serious threat to public health. Microbial, chemical, or physical contaminants that enter the distribution system through unprotected cross connections, or through openings in the underground piping system, may cause widespread illness, injury, or worse.

How do I know whether backflow occurred?
• If a backflow incident occurs, customers may call to express concerns about degraded water quality or loss of pressure. You should respond quickly and investigate all potential backflow incidents. Customer complaints and your own observations may be clues that a backflow event occurred.
o Discolored or unusual looking water. Listen for words such as discolored, cloudy, soapy, foamy, or oily.
o Taste and odor problems. Listen for words such as fuel, chemical, medicinal, or salty, especially after a low-pressure event.
o Low or no chlorine residual in the distribution system. Measure and record free chlorine residual at locations around a pressure-loss event or water quality complaint. Lower residuals may mean chlorine is reacting with substances that entered the water system.

How can an operator prevent a backflow incident?
• To protect public health, state drinking water rules require water systems to develop and implement cross-connection control programs. Cross-connection control programs rely on backflow preventers to isolate the public water system from potential sources of contamination.

When you implement a cross-connection control program, you take proven steps to prevent backflow incidents. In the process, you will minimize the health risks associated with backsiphonage and backpressure events. It takes a determined effort to protect your water system from backflow. Use the resources below to develop your own cross connection control program.

What should water system operators do if a backflow incident occurs? • Find the cause of backflow and assess the risk. Identify the affected area and work to limit the spread of contamination.
• Call our regional office (working hours) or our after-hours number. See numbers below. We’ll help you decide which customers you need to contact and whether to issue a health advisory.

Your first priority is to protect your customers’ health. • Communicate with affected customers about what happened. Tell them what they should do to protect their health, and what the water system is doing to correct the situation. If the risk assessment points to the possibility of chemical contamination, including a substance capable of causing bodily harm, use the Drinking Water Warning: Backflow Incident public notice referenced below. If you are certain the risk is limited to microbial contamination, you may use a different public notice that allows customers to use the tap water if they boil it first. • Flush affected parts of the distribution system to remove any contaminants. Your flushing plan should effectively move any known contaminants to the nearest discharge point without unnecessarily spreading contamination through the distribution system. • Disinfect affected parts of the system to reduce the risk of waterborne disease. If you don’t normally disinfect, you should notify your customers before adding a disinfectant.

Collect water quality samples after you restore normal operating pressure, including coliform and possibly certain chemical samples, to confirm your system meets drinking water standards.

Appendix C

BACKFLOW INCIDENT REPORT FORM
Water System:

Water System Number:

Incident Date:

Incident Time (if known):

Incident Location:

How was the incident discovered?
Backflow Originated from:

Premise Location:

Address:

Premise Contact Person:

Title:

Phone: Email:

Connection Type: (please
check one)
□ Industrial □ Commercial □ Single-Family Residential □ Multi-Family Residential
□ Irrigation □ Recycled Water □ Water System Facility
□ Other:

Description and source of backflow substance (please be as descriptive as possible):

If available, please attach an MSDS or other chemical description form Was the backflow fluid contained within the user side? YES □ NO □ Estimated Number of Affected Persons:

Number and description of consumer complaints received:

Did any consumers report illness? Please describe.

If applicable, please describe the consumer notification:

INVESTIGATION
Please describe the water system investigation including time frames:

What was the area system pressure?
Is this within typical range: YES □ NO □ - typical pressure:

Was a sample of the water contaminated by the backflow incident collected and stored before flushing? YES □ NO □
Please describe all sampling:

DDW recommends laboratory or field sampling for the following parameters: total coliform, E. coli, free and total chlorine residual, pH, odor, turbidity, temperature, and color. Additional sampling should be collected at the PWS and regulatory agency’s discretion.

CORRECTIVE ACTIONS
Please describe the corrective actions taken by the water system:

Was the chlorine residual increased after discovery of backflow incident? YES □ NO □ Date of the last cross-connection control hazard assessment of the premise with the backflow incident conducted:

Did the premise have backflow prevention assemblies? YES □ NO □ Date of most recent backflow prevention assembly test(s):

When was the Division of Drinking Water or Local County Health office notified? Date: Time: Contact Person:

Was the Division or Local County Health notified within 24 hours? YES □ NO □ Other agencies or organizations contacted?

CERTIFICATION
Name: Job Title:

Certification(s):

Please list all cross-connection control related certifications including number and expiration date
I certify that the forgoing information is true and correct to the best of my ability.

Signature: Date:

Attach the following applicable documentation

1. Laboratory Test Results

2. Sketch of the cross-connection and modifications

3. MSDS or chemical information forms if chemical hazard is known

4. Applicable backflow assembly test reports including the most recent test before the incident

5. Other relevant supporting documentation
15 Appendix D
16 Local Redevelopment Authority
Riverbank Industrial Complex
2021 Water System
Cross-connection Control Survey
Garett’s Cross-connection Control
P.O. Box 1791; Woodbridge, CA 95258
Backflow Prevention Assembly Tester Certification # 08417 Cross-connection Control Specialist Certification # 10277 June 8, 2021
17 Table of Contents
System Description ………………………………………………………………….……… 3
Non-Transient, Non-Community Public Water Supply Permit ………………….……... 3 Rules & Regulations for the Control of Backflow & Cross-connections ………….……. 4 Section 1 Cross-connection Control – General Policy ………..………….……….. 4 Section 2 Definitions ………………………………………………………………... 5
Section 3 Responsibility and Scope of Program …………………………..………. 6 Section 4 Evaluation of Hazard …………………………………………………….. 7 Section 5 Water System Coordinator Qualifications ……………………….…….. 7 Section 6 Protection of Water System ……………………………………………… 8 Table 1: Type of Backflow Protection Required ………………….……… 10 Survey Findings ……………………………………………………………………….…….. 12
Survey #1 building 182 …………………………………………………………….. 13
Survey #2 building 192.…………………………………………………………….. 14
Survey #3 building 120 South Side ……………………………………………….. 15 Survey #4 building 120 North Side ……………………………………………….. 16 Survey #5 building 7 ..………..……… …………………………………………….. 17
Survey #6 building 5 ..……………………………….…………………………….. 18
Survey #7 building 26……………………………………………………………….. 19
Survey #8 building 10……………………………………………………………….. 20
Survey #9 Buildings 172 and 12 ...………………………………………………….. 21 Survey #10 line 2 building 27……………………………………………………….. 22 Survey #11 line 4 building 31…………….…………………………………………. 23 Survey #12 Future Connection .……………………………………………………. 24
Survey #13 Existing Connections ………………………………………………….. 25 Survey #14 Fire System …...…………….………………………………………….. 26
Survey #15 Well Sites ..……………………………………………………..……….. 27
Conclusion …………………………………………………………………………………… 28
18 System Description
The Riverbank Local Redevelopment Authority (LRA) operates a Non-Transient, NonCommunity (NTNC) water system. The supply comes from three on-site wells. Two are currently in service; one is on stand-by mode and three have since been removed:

Well No. Location Depth Casing
Depth
HP GPM Status
1 Bldg. 102 430’ 158’-228’ 50 765 stand-by
2 Bldg. 103 372’ 183’-223.5’
283’-350’
50 715 Removed
3 Bldg. 104 185’ 710 Removed
4 Bldg. 105 90’ Removed
5 Bldg. 106 710’ 104’-680’ 75 1,100 in service
6 Bldg. 158 605’ 125’-600’ 125 1,500 in service
Chlorine is automatically metered in water when pumps are activated at each well so that the residual chlorine concentration in the water is between 0.2 and 4.0 mg/l per Department of Drinking Water (DDW) requirements. The average target for the system is 1.0 mg/l. The wells supply a 100,000-gallon elevated tank, which has a reduced capacity operating between 20% and 40 % full. This is the main supply for the facility with water at 53 psi. The primary distribution system consists of approximately 5600 linear feet of 8-inch transite water lines (excluding lateral lines).

There is a groundwater contaminant plume being captured by an extraction well system associated with the Groundwater Treatment Plant owned and operated by the Army. Recent pump tests performed indicate that wells 5 and 6 were in good operating condition and well 1 is in stand-by mode. Well 2, 3, and 4 were removed in accordance with Stanislaus County standards, including all piping, electrical, and structures.

The elevated tank supplies both raw (potable) and process (non-potable) water systems. The two systems are separated by an air gap type backflow preventer (Area No. 131, a 42,000-gallon steel tank, is located in the southeastern portion of the plant). After use, raw water is disposed of in the City of Riverbank sanitary sewer system. The on-site Groundwater Treatment Plant sends its treated water to Evaporation Ponds located adjacent to the Stanislaus River. 19 Non-Transient, Non-Community Public Water Supply Permit The State Water Resources Control Board, Department of Drinking Water (DDW) has primary oversight of the LRA water system.

The permit allows water service to:

The Riverbank Industrial Complex
5300 Claus Road
Riverbank, CA 95367
ID No. 5000211
(Approximately 90 people, 26 connections)
The State considers each building to be a separate connection. The 26 connections that supply potable water can be further divided into 76 sub-buildings or areas with 141 total taps (as of June 16, 2012). The number of taps is likely to change with changes in facility use.

The permit allows water service from the following facilities:

Two (2) active deep water wells (wells 5 and 6)
One (1) stand-by well
Chlorination facilities
1 each – 100,000 elevated water storage tank
The permit was granted subject to a number of provisions. Periodic reports are sent to:

Mr. Tahir Mansoor, DDW Engineer
State Water Resources Control Board
Department of Drinking Water (DDW)
31 E. Channel Street, Room 270
Stockton, CA 95202
Rules & Regulations for the Control of Backflow & Cross-connections Section 1. Cross-connection Control – General Policy
(a) Purpose. The purpose of these rules and regulations are:
(1) To protect the water supply system of (LRA) from the possibility of contamination or pollution by isolating within the internal distribution system of the Non-Transient, Non-Community (NTNC) potable water system of such contaminants or pollutants which could backflow into the water supply system;
20 (2) To promote the elimination or control of existing cross-connections, actual or potential, between the LRA water supply system and non-potable water sources, plumbing fixtures, and industrial piping systems; and (3) To provide for the maintenance of the continuing program of CrossConnection Control which will systematically and effectively prevent the contamination or pollution of the LRA water supply system. (b) Authority. Statutory authority for enforcement of compliance to rules and regulations stated herein for the protection of potable water supply and the establishment of a CrossConnection Control Program to that end is granted to San Joaquin Engineering by the LRA through a permit to operate a NTNC water system which mandates the aforementioned program for the protection of potable water supply systems in compliance with all provision, rules, and regulations of the California Department of Public Health (CDPH) and Stanislaus County, Health Department pertaining to the protection of public water supplies.
(c) Responsibility. San Joaquin Engineering shall be responsible for the protection of the water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said San Joaquin Engineering, an approved backflow prevention assembly is required at a location within the LRA water system for safety of the water supply system, the San Joaquin Engineering shall give notice in writing to Water User that installation of an approved backflow prevention assembly(s) at a specific location(s) is required.

Installation of the device shall then commence.

Section 2 Definitions.
(a) "Approved Water Supply" is a water supply whose potability is regulated by a State of local health agency.
(b) "Auxiliary Water Supply" is any water supply other than that received from a public water system.
(c) “Air-gap Separation (AG)" is a physical break between the supply line and a receiving vessel.
(d) "AWWA Standard" is an official standard developed and approved by the American Water Works Association (AWWA).
(e) "Cross-Connection" is an unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.
21 (f) "Double Check Valve Assembly (DC)" is an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.
(g) "Health Agency" means the California Department of Health Services, or the local health officer with respect to a small water system.
(h) "Local Health Agency" means the county or city health authority. (i) "Reclaimed Water" is a wastewater which as a result of treatment is suitable for uses other than potable use.
(j) "Reduced Pressure Principle Backflow Prevention Device (RP)" is a backflow preventer incorporating not less than two check valves, an automatically operated differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.
(k) "User Connection" is the point of connection of a user's piping to the water supplier's facilities.
(l) "Water Supplier" is the person who owns or operates the public water system. (m) "Water User" or “ Tennant” is any person obtaining water from a public water supply.

Section 3 Responsibility and Scope of Program.

The water supplier shall protect the public water supply from contamination by implementation of a cross-connection control program. The program, or any portion thereof, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. The water supplier's crossconnection control program shall for the purpose of addressing the requirements of the following elements:
(a) The adoption of operating rules or ordinances to implement the cross-connection program.
(b) The conducting of surveys to identify water user premises where cross-connections are likely to occur,
(c) The provisions of backflow protection by the water user at the user's connection or within the user's premises or both,
22 (d) The provision of at least one person trained in cross-connection control to carry out the cross-connection program,
(e) The establishment of a procedure or system for testing backflow preventers, and (f) The maintenance of records of locations, tests, and repairs of backflow preventers.

Section 4 Evaluation of Hazard.

The water supplier shall evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a user's premises. The water supplier, however, shall not be responsible for abatement of cross-connections which may exist within a user's premises. As a minimum, the evaluation should consider: the existence of crossconnections, the nature of materials handled on the property, the probability of a backflow occurring, the degree of piping system complexity and the potential for piping system modification. Special consideration shall be given to the premises of the following types of water users:
(a) Premises where substances harmful to health are handled under pressure in a manner which could permit their entry into the public water system. This includes chemical or biological process waters and water from public water supplies which have deteriorated in sanitary quality.
(b) Premises having an auxiliary water supply, unless the auxiliary supply is accepted as an additional source by the water supplier and is approved by the health agency. (c) Premises that have internal cross-connections that are not abated to the satisfaction of the water supplier or the health agency.
(d) Premises where cross-connections are likely to occur and entry is restricted so that cross-connection inspections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist. (e) Premises having a repeated history of cross-connections being established or reestablished.

Section 5 Water System Coordinator Qualifications.

The health agency and water supplier require an Non-Transient, Non-Community Public Water Supply to designate a Water System Coordinator when the water user's premises has a multipiping system that convey various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The Water System Coordinator shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user's pipelines and equipment. 23 At a minimum the Water System Coordinator shall be a State of California Certified Water Distribution Operator and shall have knowledge of Backflow Prevention and Cross Connection Control.

Section 6 Protection of Water System
(a) Approval of backflow preventers.

Backflow preventers required by this Chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the Department. (b) Construction of backflow preventers.
(1) Air-gap Separation. An Air-gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch.
(2) Double Check Valve Assembly. A required double check valve assembly (DC) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Double Check Valve Type Backflow Preventive Devices which is herein incorporated by reference.
(3) Reduced Pressure Principle Backflow Prevention Device. A required reduced pressure principle backflow prevention device (RP) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Reduced Pressure Principle Type Backflow Prevention Devices which is herein incorporated by reference.
(c) Location of backflow preventers.
(1) Air-gap Separation. An air-gap separation shall be located as close as practical to the user's connection and all piping between the user's connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the water supplier and the health agency.
(2) Double Check Valve Assembly. A double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance.
(3) Reduced Pressure Principle Backflow Prevention Device. A reduced pressure principle backflow prevention device shall be located as close as practical to the user's connection and shall be installed a minimum of twelve inches (12") above 24 grade and not more than thirty-six inches (36") above grade measured from the bottom of the device and with a minimum of twelve inches (12") side clearance. (d) Type of protection required.

The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listed in an increasing level of protection) includes: Double check Valve Assembly-(DC), Reduced Pressure Principle Backflow Prevention Device-(RP) and an Air gap Separation-(AG). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow protection required to protect the public water supply, at the water user's connection to premises with various degrees of hazard, are given in Table 1. Situations not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the water supplier or health agency.
25 TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard Minimum
Type of
Backflow
Prevention
(a) Sewage and Hazardous Substances
(1) Premises where there are waste water pumping and/or treatment plants AG and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. (2) Premises where hazardous substances are handled in any manner in AG which the substances may enter the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. (3) Premises where there are irrigation systems into which fertilizers, RP herbicides, or pesticides are, or can be, injected.
(b) Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary water supply which is AG interconnected with the public water system. A RP or DC may be provided in lieu of an AG if approved by the health agency and water supplier (2) Premises where there is an unapproved auxiliary RP water supply and RP there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and water supplier. (c) Recycled water
(1) Premises where the public water system is used to supplement the AG recycled water supply.
(2) Premises where recycled water is used, other than as allowed in RP paragraph (3), and there is no interconnection with the potable water system. (3) Residences using recycled water for landscape irrigation as part of an DC approved dual plumbed use area unless the recycled water supplier obtains approval of the local public water supplier, or the Department if the water supplier is also the supplier of the recycled water, to utilize an alternative 26 backflow protection plan that includes an annual inspection and annual shutdown test of the recycled water and potable water systems (d) Fire Protection Systems
(1) Premises where the fire system is directly supplied from the public DC water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).
(2) Premises where the fire system is supplied from the public water system AG and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and water supplier.

NOTE: In all applications an RP may be provided in lieu of an AG if approved by the health agency and water supplier. Also note that an RP may be required in lieu of a DC if the water supplier chooses a higher degree of protection. 27 Survey Findings
Description: Each survey finding will be organized by building and tenant when known. The individual building surveys will be broken down into sections as follows:

Section 1 Location
Section 2 Degree of Hazard
Section 3 Protection Required
Section 4 Discrepancies
(a) User Connections Issues
(b) Internal System Issues
(1) Attachment (if needed)
Section 5 Recommendations
Additional information may be added as an attachment as more information is gathered upon future site visits. Required future site visits will be noted in the Recommendations Section.
28 Survey #1
Section 1 Location: Building 182 / Treatment Plant (Army) Section 2 Degree of Hazard: Potential internal hazards in conjunction with the treatment of contaminated groundwater plume
Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies:
(a) User Connections Issues: N/A The existing connection is protected by a RP; this gives the proper degree of protection for the potential of contamination. (b) Internal System Issues: Entrance into the plant was not available at the time of the inspection but no further inspection is recommended. (1) Attachment: N/A
Section 5 Recommendations: RP installed, and follow-up inspection not required, unless user requests.
29 Survey #2
Section 1 Location: Building 192 / Army Headquarters
Section 2 Degree of Hazard: Minimal degree of hazard
Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies
(a) User Connections Issues: N/A The existing connection is protected by a RP; this gives the proper degree of protection for the potential of contamination.
(b) Internal System Issues: Entrance into the building was not available at the time of the inspection but no further inspection is recommended. (1) Attachment: N/A
Section 5 Recommendations: RP installed, and follow-up inspection not required, unless user requests.
30 Survey #3
Section 1 Location: Building 120 / South Side
Section 2 Degree of Hazard: High potential of internal hazards in conjunction with the business activities.

Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies:
(a) User Connections Issues: The existing connection is protected by a RP which provides the recommended protection for the Water Supplier. (b) Internal System Issues: Entrance into the building was not available at the time of the inspection but no further inspection is recommended.
(1) Attachment: N/A
Section 5 Recommendations: RP installed, and follow-up inspection not required, unless user requests.
31 Survey #4
Section 1 Location: Building 120 / North Side
Section 2 Degree of Hazard: High potential of internal hazards in conjunction with the business activities.

Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies:
(a) User Connections Issues: The existing connection is protected by a RP but is shared by another user in the building. It would be appropriate to install a separate service connection for this side of the building. (b) Internal System Issues: Cooling tower high potential of hazard for User (1) Attachment: N/A
Section 5 Recommendations: RP installed, and follow-up inspection not required, unless user requests.

In this building two Users share the same service which is problematic for the Water Supplier as well as the Users. It is recommended that the Water Supplier separate the internal lines in the building and then provide a new meter connection and RP for the User. The closest mainline to the User is west of building 122 and would provide a good location for the new connection. It is also recommended to install a sample station in conjunction with the new connection for future use of the Water Supplier.
32 Survey #5
Section 1 Location: Building 7
Section 2 Degree of Hazard: High potential of internal hazards in conjunction with the business activities.

Section 4 Discrepancies
(a) User Connections Issues: The existing connections to buildings 172 and 12 are not protected.
(b) Internal System Issues: There are no internal concerns currently. (1) Attachment: None
Section 5 Recommendations: It is recommended that the Water Supplier install a meter and RP on the existing line to capture the water usage of the Tenant and protect the water supply for the future.
37 Survey #10
Section 1 Location: Line 2 Building 27
Section 2 Degree of Hazard: High potential of internal hazards in conjunction with the business activities.

Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies:
(a) User Connections Issues: The existing connection is protected by a RP. (b) Internal System Issues: High potential for business user hazards. (1) Attachment: N/A
Section 5 Recommendations: RP and meter installed, and follow-up inspection not required, unless user requests.
39 Survey #12
Section 1 Location: Future service connections
Section 2 Degree of Hazard: Potential of internal hazards unknown Section 3 Protection Required: Recommended Protection RP Section 4 Discrepancies
(a) User Connections Issues: The existing connections are not protected. (b) Internal System Issues: Potential of internal hazards unknown (1) Attachment: Pending future Tenants and inspections
Section 5 Recommendations: No RP is installed on the main water line serving the new Users and there are no meters installed as of yet. It is recommended that all new services be upgraded to include a meter and RP for the future protection of the Water Supplier.
40 Survey #13
Section 1 Location: Existing connections including but not limited to area 75, buildings 102 and 17.

Section 2 Degree of Hazard: Minimal degree of hazard
Section 3 Protection Required: Existing Protection RP
Section 4 Discrepancies
(a) User Connections Issues: The existing connections are protected. (b) Internal System Issues: Potential of internal hazards minimal (1) Attachment: none
Section 5 Recommendations: It is recommended that all existing backflow connections be upgraded to include a meter so as to capture all water used within the LRA water system.
41 Survey #14
Section 1 Location: Fire System Water Tank
Section 2 Degree of Hazard: High degree of hazard
Section 3 Protection Required: AG
Section 4 Discrepancies
(a) User Connections Issues: Cross-connection Potential (b) Internal System Issues: N/A
(1) Attachment: none
Section 5 Recommendations: After inspection of the Fire System water tank it was noted that an AG exists between the in-fill line and the overflow line sufficient enough for protection.
42 Survey #15
Section 1 Location: Well Sites #1,2, and 6
Section 2 Degree of Hazard: High degree of hazard
Section 3 Protection Required: AG
Section 4 Discrepancies
(a) User Connections Issues: N/A
(b) Internal System Issues: N/A
(1) Attachment: none
Section 5 Recommendations: It was noted that per the County of Stanislaus that wells 3, 4, & 5 were abandoned as well as their pumps removed, all piping disconnected, and the wells capped.

It is recommended that all stand-by wells be ran on a quarterly basis to ensure proper operation and flushing to ensure the water is fresh. 43 Conclusion
It is the intent of this Survey, first and foremost, to protect the Water Supplier and User from potential harm. The Water Suppliers main goal is to protect the water system and in turn the public. If the recommendations set forth in this survey, for not only existing Users but future growth, are followed, the Water Supplier will be well on its way to providing safe potable water for this present time and for years to come. It is recommended that, due to the restrictions within the LRA system placed on them through the State, that a connection to the Riverbank water system be explored and pursued to adapt for the future needs of the LRA Water System. This is echoed by the 2021 DDW site inspection. Any questions about this Survey can be answered by Garett Walker at Garett’s Cross-connection Control: 209-736-9540 or 209-768-9550. 44 Appendix E
Rules & Regulations

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Item 11.2 – CC/LRA – 06/24/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: June 24, 2025
Subject: Resolution Authorizing the City Manager to Execute a Consultant Services Agreement with Evergreen Solutions, LLC for a Classification and Compensation Study
From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Assistant City Manager/Administrative Services Director

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a consultant services agreement with Evergreen Solutions, LLC to conduct a citywide Classification and Compensation Study.

SUMMARY
In accordance with the City Council’s direction and labor agreement commitments, the City issued a Request for Proposals (RFP) on February 27, 2025, for a comprehensive Classification and Compensation Study. The purpose of the study is to ensure the City maintains a competitive and equitable compensation structure that supports the recruitment and retention of qualified employees.

The City received six proposals by the March 27, 2025, deadline. Staff conducted a comprehensive review of all submissions, focusing on qualifications, experience, methodology, and project approach. Following this evaluation, three firms were selected for further consideration and interviewed. Based on interviews and reference checks, Evergreen Solutions, LLC was identified as the most qualified firm.

STRATEGIC PLAN
This study supports Strategic Plan Goal 1.3: “Continue to seek local, regional and federal opportunities to support City projects, programs and initiatives,” and Goal 6: “Promote Sustainable Development through investment in City operations and workforce.”

BACKGROUND

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Item 11.2 – CC/LRA – 06/24/2025
The City of Riverbank’s last comprehensive classification and compensation study was completed nearly a decade ago. Since that time, significant organizational growth and structural changes have occurred, necessitating an updated review of job classifications, internal equity, and market competitiveness.

As part of the City’s labor negotiations in 2022, the City committed to completing a classification and compensation study. The scope of work includes a full review of all job classifications, salary structures, internal equity, and market comparisons, with participation from both management and bargaining unit employees.

ANALYSIS
Evergreen Solutions, LLC was selected based on the following criteria:
• Extensive experience conducting similar studies for public agencies • A clear, comprehensive, and collaborative project approach • Strong client references
• Competitive pricing and timeline
The firm’s methodology includes employee surveys, interviews, market analyses with comparator agencies, and Council presentations. The project is anticipated to be completed by October 31, 2025.

FINANCIAL IMPACT
The total cost of the study is $40,500 and has been included in the FY 2025–26 Proposed Budget under Administrative Services. No additional appropriation is required.

ATTACHMENTS

1. Resolution 2025-

2. Consultant Services Agreement

3. Evergreen Solutions, LLC Proposal

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CC/LRA – 06/24/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH EVERGREEN SOLUTIONS, LLC FOR THE CLASSIFICATION

AND COMPENSATION STUDY

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

WHEREAS, the City of Riverbank last conducted a comprehensive Classification and Compensation Study approximately ten years ago; and WHEREAS, the City has experienced growth in staffing and the creation of new positions requiring an updated review of job classifications and compensation; and WHEREAS, the City issued a Request for Proposals (RFP) on February 27, 2025, seeking a qualified firm to perform a comprehensive Classification and Compensation Study; and
WHEREAS, six proposals were received by the March 27, 2025 deadline and reviewed for qualifications, experience, methodology, and value; and WHEREAS, the City conducted interviews and reference checks for shortlisted firms and identified Evergreen Solutions, LLC as the most qualified based on their experience, proposed approach, and ability to meet the City’s needs; and WHEREAS, the cost of the study is included in the FY 2025–26 Proposed Budget and supports future labor negotiations and strategic workforce planning; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby declare as follows:

1. The City Council hereby approves the Professional Services Agreement with Evergreen Solutions, LLC to conduct a citywide Classification and Compensation Study.

2. The City Council authorizes the City Manager to execute the professional services agreement.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 24th day of June, 2025; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

ATTACHMENT 1

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CC/LRA – 06/24/2025
CC Resolution 2025-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment: Exhibit A – Professional Services Agreement with Evergreen Solutions, LLC

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ___________ 2025, (the “Effective Date”) by and between the City of Riverbank, a California municipal corporation (“City”), and Evergreen Solutions, LLC, a [Florida limited liability company] (“Consultant”). City and Consultant may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
A. City has issued a request for proposals (“RFP”) for consultant services for the preparation of a Comprehensive Classification and Compensation Study (the “Project”).

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

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

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

AGREEMENT

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

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

3. Reimbursement. City shall pay Consultant for reimbursable expenses related to travel, lodging, conference calls, reproduction and other costs incurred related to Consultant’s ATTACHMENT 2

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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performance of the Services. Such reimbursable costs shall be invoiced and billed to the City on a monthly basis.

4. Confidential Information. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

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

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

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

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

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

8. Performance by Key Employee. Consultant has represented to City that Dr. Jeff Ling, CCP will be the person primarily responsible for the performance of the Services and all communications related to the Services. City has entered into this Agreement in reliance on that representation by Consultant.

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

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

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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

B. Data. All data collected by Consultant and produced in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams, visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data.

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

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

A. Provide such information as Consultant may reasonably require to undertake or perform the Services;

B. Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and C. Promptly notify Consultant of any fault or defect in the performance of Consultant’s services hereunder.

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

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

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

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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12. Compliance with Laws and Standards. Consultant shall insure compliance with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant shall perform all work according to generally accepted standards within the industry. Consultant shall comply with all ordinances, laws, orders, rules, and regulations, including the administrative policies and guidelines of Client pertaining to the work.

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

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

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

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

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

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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

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

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

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

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

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

18. Notices. Any notice or communication required hereunder between City or Consultant must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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

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

If to Consultant: Evergreen Solutions, LLC
2528 Barrington Circle, Unit 201
Tallahassee, Florida 32308
Attention: Jeffrey Ling, PhD, President

19. General Provisions.

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

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

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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

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

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

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

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

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

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

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

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

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

CONSULTANT SERVICES AGREEMENT
City of Riverbank and Evergreen Solutions, LLC

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

CITY:

CITY OF RIVERBANK, a California
municipal corporation
By:

Marisela H. Garcia, City Manager
Date:

CONSULTANT:
___________________, a Florida limited
liability company
By:

Name: Jeffrey Ling, PhD, President
Date:

Approved as to Form:

Tom Hallinan, City Attorney

EXHIBIT A
Services

EXHIBIT B
Rate Schedule

ATTACHMENT 3

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Item 12.1– CC/LRA – 06/24/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 12.1
SECTION 12: COUNCIL REFERRALS
Meeting Date: June 24, 2025
Subject: Wastewater Treatment Plant Feasibility Study
From: Cindy Fosi, Vice Mayor

RECOMMENDATION
It is recommended that Council receive a presentation from Vice Mayor Fosi regarding options for a Wastewater Treatment Plant feasibility study.

SUMMARY
Vice Mayor Fosi has requested an opportunity to present to Council options for a Wastewater Treatment Plant feasibility study.

FINANCIAL IMPACT
None associated with this report.

ATTACHMENTS

1. Presentation

FEASIBILITY STUDY
FOR

WASTEWATER TREATMENT PLANT

CINDY FOSI

VICE MAYOR

CITY OF RIVERBANK
ATTACHMENT 1

WHY DO A WASTEWATER

FEASIBILITY STUDY
• Fall 2021 studies for WWRP were presented as a “living document” at $90 million • Project now estimated at $124 million
• $85 million loans from State ($118 million after interest) • Unstable potential for loans at $15 million
• No certainty for remaining balance of the project leaves uncertainty for residents/ratepayers
• The City of Riverbank has been notified that the FEMA Building Resilient Infrastructure and Communities Program (BRIC) has been terminated; ending any funding for 2022,2023, and 2024.
• The City had been applying for $50M grant for the Riverbank Regional Recycled Water Project.

WHY DO A WASTEWATER

FEASIBILITY STUDY
• Residents have voiced their struggle re: the cities rising costs for Utilities, most specially wastewater charges to all councilmembers and mayor in person, on social media and in public comment.
• City’s median income is $30,000 per year. Increasing sewer rates have put a strain on individuals and families.
• City of Riverbank Wastewater Treatment Plant needs to increase capacity for current and future growth.
• City staff has a strong relationship with the State Water Resources Board that will allow us time to make the best decision for Riverbank
• Doing a Feasibility Study will not open up our State Water Resources Board permit as we will not be making any changes to our processes; rather evaluating options for the City of Riverbank Wastewater Treatment Plant.

POSSIBLE OPTIONS TO BE REVIEWED
#1 Construct the Riverbank Regional Recycled Water Project at the Riverbank Wastewater Treatment Plant.

PROS CONS
• Meets the needs of the city for
the future.
• $124M project with unstable grant money and
no plan for remaining balance; too many
unknowns
• $120M Project with only 2.9 mgd
• Only two farmers in Riverbank to buy water.
• Whereas North Valley Regional Water
Project which includes Modesto, Turlock,
Ceres, Del Puerto and Stanislaus County
built in 2018 at approximately $120M
does 20 mgd
City staff has requested an update from consultant on costs and possible grants for this project.

POSSIBLE OPTIONS TO BE REVIEWED
#2 Construct a pump station and pipeline from Riverbank to the North Valley Regional Recycled Water Project

PROS CONS
• Significantly lower cost in infrastructure
• Part of a regionalization project that may
still have grant funding
• Will allow council to revisit increased
utility rates
• Riverbank will negotiate and advocate
for our best interest
• How much water could North Valley take
• Can they meet our current and future
capacity needs

NORTH VALLEY REGIONAL RECYLED

WATER PROGRAM
• North Valley Regional Recycled Water Program is managed by the City of Modesto and in partnership with Empire and portions of Ceres and Stanislaus County • North Valley Regional Recycled Water Program addresses water supply shortages in the District’s service area, located on the west side of the San Joaquin River in San Joaquin, Stanislaus and Merced counties, south of the Sacramento-San Joaquin River Delta such as Del Puerto Water District.
• Cost approximately $120M for 20 mgd
• Discharges to San Joaquin River and water sent to Del Puerto Water District

NORTH VALLEY REGIONAL RECYLED WATER PROGRAM
PRELIMINARY FEEDBACK FROM: WILL WONG MODESTO DIRECTOR OF UTILITIES • Set a statewide example of a regional water recycling plant, and shared costs for upgrades, which all partners will benefit from through economies of scale. • Selling the recycled water is not a major revenue generator for the City of Modesto. • In actuality, recycled water sales only recovers a portion of operating costs (which is NPDES permit driven).
• Partners to benefit the Del Puerto Water District, who desperately needs the water. • Riverbank will be benefit by avoiding future wastewater operating costs should advanced treatment be required by the state.
• “DWPD has been pretty active in getting grants to pay for improvements, and I'm certain their GM, Anthea Hansen, will focus her energy to help get portion of the funding for a potential pump station and pipeline from Riverbank to Modesto.”
• As a partner in the North Valley Regional Water Program, any concerns that Riverbank has regarding the any control issues (perceived or not), can be negotiated in some agreement or MOU.
• This will work is if this is a win-win situation for both cities.

NORTH VALLEY REGIONAL RECYLED WATER PROGRAM
PRELIMINARY FEEDBACK FROM: WILL WONG MODESTO DIRECTOR OF UTILITIES

POSSIBLE OPTIONS TO BE REVIEWED
#3 Redesign the Wastewater Treatment Plant to better meet our current and future needs and change our permit with the State Water Resources Board to allow discharge of treated wastewater to Tuolumne River

PROS CONS
• Possible lower cost in infrastructure
construction
Could take years to redesign and have
operational
Would it meet state requirements in the future
Oakdale Tertiary Plant was built for $13M for 2.4 mgd

CURRENT SEWER RATES

SURROUNDING CITIES

FIND BELOW A TABLE SHOWING CURRENT SEWER RATES AND THOSE APPROVED FOR 2027 BY SURROUNDING CITIES (DOES NOT ACCOUNT FOR INFLATION IMPACTS):

CITY

POPULATION
(2023)

MONTHLY

CURRENT
RATES*
FLOW
(mgd)

ANTICIPATED
RATE
IN 2027
TULOCK 76,100 $39.42 8.5 $43.09
TRACY 98,010 $54.00 9.0 $64.16
MANTECA 91,059 $43.30 6.5 $68.40
SONORA (TUD) 4,917 $68.99 2.0 $70.77
RIVERBANK 25,001 $69.00 1.7 $109.39
*Based on Residential Rates (Detached)

WHAT QUESTIONS COULD THE
FEASIBILITY STUDY ANSWER?
• Determine the feasibility of sending Riverbank water to the North Valley Water Recycling Program
• How much water to North Valley; how much would stay in Riverbank • What time of year would we send; or all year
• What would the costs of the pipeline and lift station (Turlock was @ $28M) • What would the costs to citizens be if we move water to Modesto. • Determine the more economical options that could ultimately reduce rates • Determine if it will be effective for current capacity and future capacity • Staff meet with Modesto on other items of concern
• Determine how to update the current treatment plant to meet needs if determined that that is a better option and better costs
• What option gives us the addition capacity in the shortest amount of time. • Any other information determined by Council/Staff
RECOMMENDATION: APPROVAL TO

PERFORM A FEASIBILITY STUDY
• Cost of study would be between $50,000 - $75,000 after sending out competitive bid • City of Modesto would split the cost of this study reducing costs to $25,000 - $37,500 for City of Riverbank
• Confirms that City of Riverbank is making a well evaluated decision at a cost that our taxpayers understand
• Meets the City of Riverbank 2025 Strategic Plan: Infrastructure, Strategies: Conduct feasibility study for the Wastewater Treatment Plant and water reuse options.

City Council / Local Redevelopment Authority / Public Financing AuthorityJune 24, 2025

City Council / Local Redevelopment Authority / Public Financing Authority
June 24, 2025