Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 6
AGEND
TUESDAY, AUGUST 26, 2025 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER
2. FLAG SALUTE
3. INVOCATION
4. ROLL CALL
5. AGENDA CHANGES
6. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
7. PRESENTATIONS (Informational only)
Item 7.1 Sierra House Homeless Services Update- It is recommended that the City Council receive a presentation on homelessness in the City of Riverbank and the services provided at Sierra House by Cambridge Academies.
8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.
IN PERSON COMMENTS
PLEASE FILL OUT A COMMENT CARD AND RETURN TO THE CITY CLERK
9. CONSENT CALENDAR (No Obligation to Read Aloud)
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers
6707 Third Street, Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Rachel Hernandez
Council/Authority Members
District 1 - Luis Uribe
Vice Mayor District 2 – Cindy Fosi
District 3 – John Pimentel
District 4 – Stacy Call
City Council and LRA Board Meetings Agenda August 26, 2025 Next City Council Resolution: 2025-087 Next Ordinance: 2025-002 Next Local Redevelopment Authority Board Resolution 2025-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 2 of 6
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for July 22, 2025.
Item 9.3 Acceptance of the Oakdale Road Overlay Project between Patterson Road and the MID Canal and Authorization to File a Notice of Completion.
Item 9.4 Resolution for Approval of the Amended and Restated Central San Joaquin Valley Risk Management Authority (CSJVRMA) Joint Powers Agreement.
Item 9.5 Resolution Accepting the Public Improvements from LGI Homes – California LLC for Diamond Bar East Subdivision.
10. PUBLIC HEARING
The Notice for Item 10.1 was published on 07/02/2025 in the Riverbank Newspaper.
The Notice for Items 10.2 & 10.3 was published on 07/30/2025 in the Riverbank Newspaper.
Item 10.1 Public Hearing to Adopt Resolution of the City Council of the City of Riverbank Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3; and
Resolution of the City Council of the City of Riverbank Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3.- It is recommended that the City Council hold a public hearing and adopt resolutions annexing territory to the City of Riverbank Community Facilities District 2016-1 (Public Services) and to authorize the levy of a special tax therein to finance certain City services.
Item 10.2 First Reading by Title Only and Introduction of an Ordinance Approving the Rezone (RZ 02-2024) of Approximately 1.94± Acres (Assessor Parcel Number 132-048-016) to Planned Development; Resolutions to Consider Approval of (1) Vesting Tentative Subdivision Map (VTSM 02-2024); and (2) Architecture and Site Plan Review (ASPR 09-2024)-Hold public hearing for the First Reading by Title Only and Introduction of an Ordinance approving a Rezone to Planned Development of approximately 1.94± Acres, and consider the adoption of two (2) Resolutions approving the request by Benchmark Engineering, Inc. for a Vesting Tentative Subdivision Map, and Architecture and Site Plan Review to allow development of twenty-seven (27) single-family lots within the proposed Sierra Village, located at 6509 Claus Road (APN: 132-048- 016).
City Council and LRA Board Meetings Agenda August 26, 2025 Next City Council Resolution: 2025-087 Next Ordinance: 2025-002 Next Local Redevelopment Authority Board Resolution 2025-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 6
Item 10.3 First Reading by Title Only and Introduction of an Ordinance Approving Rezone 01-2025, Rezoning 5.83± Acres to Planned Development, and Two Resolutions to Approve Vesting Tentative Subdivision Map 01-2025 and Architectural and Site Plan Review 04- 2025, Located at 4537 California Avenue (APN 062-021-007) for the Meadowview Subdivision (Dept. File No. 25-0010). Hold a public hearing and for the first reading of one ordinance and two resolutions approving the request of Cary Pope for Rezone No. 01-2025, Vesting Tentative Subdivision Map No. 01-2025, and Architecture and Site Plan Review No.04-2025 to create thirty-one (31) single-family residential lots for the proposed Meadowview subdivision (Department File No. 25-0010).
11. NEW BUSINESS
Item 11.1 A Resolution of Concurrence and Support of the Fiscal Year 2024-2025 Stanislaus HOME Consortium and Stanislaus Urban County
Consolidated Annual Performance and Evaluation Report (CAPER)- It is recommended that the City Council gather public input on the Fiscal Year 2024-2025 HOME Program and Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) as prepared by Stanislaus County and adopt a resolution of concurrence and support. A Community Meeting was also held on August 18, 2025, at 4:00 PM via Zoom to gather resident input from the community.
Item 11.2 Resolution Approving the Creation of an Adopt a Storm Drain Program-It is recommended that Council select an option for an Adopt a Spot Storm Drain Program and approve the creation of the program via resolution.
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.
The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session
Item 13.1 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Miscellaneous Employees City Council and LRA Board Meetings Agenda August 26, 2025 Next City Council Resolution: 2025-087 Next Ordinance: 2025-002 Next Local Redevelopment Authority Board Resolution 2025-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 4 of 6
Item 13.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Item 13.3 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Rosemary Sandoval
Agency Claimed Against: City of Riverbank
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Item 13.1
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Miscellaneous Employees Item 14.2 Report from Item 13.2
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Item 14.3 Report from Item 13.3
LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Rosemary Sandoval
Agency Claimed Against: City of Riverbank
15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, September 9th, 2025
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, South City Hall public exterior Bulletin, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.
Posted this 21st Day August of 2025 /s/Gabriela Hernandez, CMC, City Clerk City Council and LRA Board Meetings Agenda August 26, 2025 Next City Council Resolution: 2025-087 Next Ordinance: 2025-002 Next Local Redevelopment Authority Board Resolution 2025-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 5 of 6
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.
NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
How to Use Live Spanish Translation/ Como Usar Traducción en Español En Vivo STEP 1/PASO 1 STEP 2/ PASO 2 STEP 3/ PASO 3
Scan QR Code Choose Spanish language Read Captions on Device Escanea el código Escoja el idioma Español Use headset for Audio Lea subtítulos en su aparato
Use auriculares para audio
https://attend.wordly.ai/join/LHDA-5715
PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – City of Riverbank
• Via ZOOM Platform (See instructions below)
SUBMITTING PUBLIC COMMENTS FOR THE RECORD
Written comments must be received before 5:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 pm, please call the City Clerk’s Office at (209) 863-7198 or the Administration Dept. at (209) 863-7122.
ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 5:00 PM DEADLINE ● Via Mail Service: Mail comments to City of Riverbank, Attn. City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.)
● Via Email: Mail to [email protected] (Note: This technology is not a guaranteed method.)
• Indicate Agenda Item # in the subject line. (Call 209-863-7198 /209-863-7122 to ensure receipt)
● Oral Comments In-Person: The Mayor will ask the public if anyone wishes to comment, at that time you may approach the podium.
● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) o Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.
Teleconference Phone Number (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call. Thank you
JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/89443415826 Join by accessing website: https://zoom.us/join , enter Webinar ID: 894 4341 5826 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 894 4341 5826 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.
TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION
COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN
CONFORMANCE WITH THE BROWN ACT
Item 7.1 – CC/LRA – 08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: August 26, 2025
Subject: Sierra House Homeless Services Update
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council receive a presentation on homelessness in the City of Riverbank and the services provided at Sierra House by Cambridge Academies.
SUMMARY
City staff will provide an overview of the demographics of our unhoused population in the City of Riverbank based on the 2025 Point-In-Time Count. In addition, Cambridge Academies will provide an update on the services offered by Sierra House.
STRATEGIC PLAN
This item is related to the City Council’s goal to “Improve Public Communications.”
FINANCIAL IMPACT
There is no financial impact associated with this presentation.
ATTACHMENTS
None.
Item 9.1– CC/LRA 08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: August 26, 2025
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.
SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.
The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
There are no attachments to this report.
Item 9.2 – CC/LRA 08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: August 26, 2025
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for July 22, 2025.
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of July 22, 2025.
SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meeting have been prepared for review and approval.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
1. City Council/LRA Meeting Minutes for July 22, 2025
2. Correspondence- Letter from League of Women Voters of Stanislaus County
CC / LRA Minutes – 07/22/2025
0 MINUTES
TUESDAY, JULY 22, 2025 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER -Mayor / Chair Hernandez called the meeting to order at 6:00pm
2. FLAG SALUTE – Vice Mayor Fosi led the pledge of allegiance.
3. INVOCATION – Pastor Mynor Merlo provided the invocation.
4. ROLL CALL – City Clerk Hernandez conducted Roll Call.
Members of the City Council / Local Redevelopment Authority Board present:
Council Member / Authority Member District 1 Luis Uribe Council Member/ Authority Member District 3 John Pimentel Council Member / Authority Member District 4 Stacy Call Vice Mayor / Vice Chair District 2 Cindy Fosi
Mayor / Chair Rachel Hernandez
5. AGENDA CHANGES
No Agenda Changes.
6. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
None Declared.
CITY COUNCIL / LRA BOARD
Mayor/Chair
Rachel Hernandez
Council/Authority Members:
District 1-Luis Uribe
Vice Mayor -District 2-Cindy Fosi
District 3-John Pimentel
District 4-Stacy Call
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers
6707 Third Street, Suite B
Riverbank, CA 95367
ATTACHMENT 1
CC / LRA Minutes – 07/22/2025
7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation- National Health Center Week- August 3-9, 2025- It is recommended that the City Council read the Proclamation for National Health Center Week August 3-9, 2025; and present to Golden Valley Health Centers.
Mayor Hernandez read and presented the proclamation in honor of Health Center Week to Golden Valley Health Centers.
Item 7.2 Presentation- City of Riverbank Parks & Recreation Department- It is recommended that the City Council receive a presentation about the City of Riverbank Parks and Recreation Department.
Director of Parks & Recreation Patton provided a PowerPoint overview of the Parks & Recreation Department’s programs and services.
Item 7.3 Presentation-RPS Overview – Presentation by Ed Ridenour, Chief of Police-It is recommended that the City Council receive a presentation from Chief Ridenour on the history and structure of Riverbank Police Services.
Police Chief Ridenour provided a PowerPoint overview on Riverbank Police Services structure and history.
8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Mayor Hernandez opened Public Comment Period at 6:36 P.M.
Colleen O’Brien Preston, board member for League of Women’s Voters of Stanislaus County read a letter on behalf League President Amy Wolfe. (see attached, exhibit A) Eddie Cuellar, Riverbank resident commented on the River Walk project and requested the city explore the use of red-light cameras for traffic safety.
Sammi Martinez, LOVE Riverbank, expresses her gratitude to all who came out to support the 4th of July bicycle parade. Extended an invitation for the upcoming Community Closet and Narcan training. And as a Riverbank resident wants to express her concern regarding a potential conflict of interest involving River Walk developers and Sister Cities Committee members.
CC / LRA Minutes – 07/22/2025
Lorri Faile, Riverbank resident, expresses her gratitude to our Sheriff department and Parks & Recreation Department. And as a Chamber of Commerce representative extend an invitation for upcoming community events.
Fred Walton, Stanislaus County resident, opposed to the River Walk project.
Eric Grubeck, Riverbank resident, expresses his concern with fundraising and its potential conflict of interest between River Walk developers and Sister Cities Committee members.
Barney Aggers, Stanislaus County resident, expresses his gratitude to Sheriff patrol for enforcement of speed. Expresses his opposition to the River Walk project.
Karen Conrotto, Stanislaus County resident, opposed to the River Walk project.
Mayor Hernandez closed the Public Comment Period at 6:57 P.M.
9. CONSENT CALENDAR (No Obligation to Read Aloud)
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for June 24, 2025 and Joint City Council-Planning Commission Special Meeting Minutes of July 9, 2025
Item 9.3 Authorization for Out of State Travel to have Finance Staff Attend the Caselle Training in Provo, UT
Item 9.4 Resolution 2025-077 to Approve Amendment #1 of the Memorandum of Understanding with Stanislaus County to Host Library Operations at the Teen Center during Renovation of the Riverbank Public Library.
Item 9.5 Resolution 2025-078 to Approve the Application for the Land and Water Conservation Fund Riverbank Sports Complex Expansion Project.
Item 9.6 Resolution 2025-079 to Award a Civil Engineering Services Contract to MCR Engineering to Perform General Municipal Engineering Services for the City of Riverbank and Authorize the City Manager to Execute Said Contract
CC / LRA Minutes – 07/22/2025
Item 9.7 Resolution 2025-080 of the City Council of the City of Riverbank Declaring Its Intention to Annex Territory to a Community Facilities District and to Authorize the Levy of Special Taxes Therein, the City of Riverbank CFD No. 2016-1 (Public Services) Annexation No. 3.
Item 9.8 Resolution 2025-081 to Award Bid for the Silverock Road Overlay Project between Patterson Road and Oakdale Road to Dirt Dynasty, Inc. and Authorize Execution of Future Change Orders.
Item 9.9 Resolution 2025-082 to approve a Subdivision Improvement Agreement for the Heritage II with Summerfaire Commerce Center, LLC and Authorizing the City Manager to Execute the Agreement.
Item 9.10 Resolution 2025-083 to approve a Final Map for the Heritage II Subdivision at 6648 Clauds Road – APN: 062-039-048
There being no public comments, Mayor Hernandez brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Call 5/0) to approve Consent Calendar as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
10. PUBLIC HEARING
The Notice for Items 10.1 & 10.2 was published on 07/02/2025 in the Riverbank Newspaper.
Item 10.1 Resolution Authorizing the Application and Amending the PLHA Program Plan for the Permanent Local Housing Allocation Program- It is recommended that the City Council consider adopting a Resolution to amend the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan originally approved in July 2020, and subsequently amended in 2021 and 2024.
City Manager Garcia provided a comprehensive report and PowerPoint presentation on the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan proposed amendment.
City Council discussed item with staff.
Mayor Hernandez opened the Public Hearing at 7:09 P.M.
Mayor Hernandez Closed the Public Hearing at 7:10 P.M.
CC / LRA Minutes – 07/22/2025
There being no public comments, Mayor Hernandez brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Fosi 5/0) to approve the Resolution 2025-084 authorizing the application and amending the PLHA Program Plan with Option 1 (allocating 60% of PLHA to Sierra House) Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.2 Public Hearing for Proposed Solid Waste Rate Increase. - It is recommended that the City Council consider adopting a resolution approving a 1.3% Consumer Price Index (CPI) increase in rates for solid waste disposal services pursuant to the executed franchise agreement with Gilton Solid Waste, Inc.
Assistant City Manager Alcantor, provided a comprehensive staff report and PowerPoint presentation on the proposed Solid Waste Rate increase.
City Council discussed item with staff.
Mayor Hernandez opened the Public Hearing at 7:15 P.M.
Mayor Hernandez Closed the Public Hearing at 7:15 P.M.
There being no public comments, Mayor Hernandez brought the item back to City Council.
ACTION: By motion moved and seconded (Fosi / Pimentel 5/0) to approve the Resolution 2025-085 approving a 1.3% Consumer Price Index (CPI) increase in rates for solid waste disposal services
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
11. NEW BUSINESS
Item 11.1 Direction on the Proposed Use of the Interim/Permanent Supportive Housing Funds Provided by Senator Eggman- It is recommended that the City Council provide direction to staff regarding the use of the funds granted to the City by Senator Eggman as part of the 2021-2022 State of California Budget bill.
CC / LRA Minutes – 07/22/2025
City Manager Garcia, provided a comprehensive staff report and PowerPoint presentation on the Interim/Permanent Supportive Housing funds provided by Senator Eggman.
City Council discussed item with staff.
Cynthia Prieto-Diaz, Stanislaus County resident express support for option 2 in regards to Item 11.1.
ACTION: By motion moved and seconded (Hernandez / Uribe 5/0) to move forward with Option 2 - Issuing a Notice of Funding Availability.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Designation and appointment of a Primary and Alternate Member to the City Youth Council; nomination of community members to serve in the Youth Council Interview Panel; and Resolution setting the meeting stipend for Youth Council Members- Staff recommends the City Council:1.) Appoint a Primary and Alternate Councilmember to the Youth Council 2.) Request that each Councilmember nominate one community member to serve on the Youth Council Interview Panel; and 3.) Approve a Resolution setting the meeting stipend for Youth Council Members City Clerk Hernandez provided a comprehensive staff report and PowerPoint presentation on the Youth Council Program to appoint a primary and alternate councilmembers, nominating community members to interview panel, and setting a meeting stipend.
City Council discussed item with staff.
Emily Ramirez, Riverbank High School student expressed her support and ideas towards Item 11.2.
Christian, Riverbank High School student expressed his support and ideas towards Item
11.2. Janeth Reyes, Riverbank resident expressed her interest and support towards Item 11.2.
Juan Tellez, Stanislaus County resident expressed his support towards Item 11.2.
Yarely Reyes, Riverbank High School student expressed her support towards Item 11.2.
ACTION: Mayor Hernandez appointed as Primary and Councilmember Uribe appointed as Alternate.
CC / LRA Minutes – 07/22/2025
Panel Interview Community Member Nominees:
Councilmember Call: Kelly Velasco
Councilmember Pimentel: Elias Cordova Jr.
Vice Mayor Fosi: Sammi Martinez
ACTION: By motion moved and seconded (Call / Pimentel 5/0) to approve the Resolution 2025-086 approving stipend of $25 per meeting, per youth councilmember, with a meal and the remainder of the budget if any, for Scholarship opportunity.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Fosi, Pimentel, Call, and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.3 Designation of a Voting Delegate and Alternate(s) to Represent the City During the 2025 League of California Cities Annual Business Meeting-It is recommended that City Council designate a member of the Council as the Voting Delegate, plus one or two alternates. The voting delegate will participate in the Annual Business Meeting during their attendance at the 2025 League of California Cities Annual Conference and Expo, to be held in Long Beach on October 8-10, 2025, and will represent the City during the consideration of resolutions that establish Cal Cities policy. The City Council is to ratify the designations by roll call vote.
ACTION: Primary voting delegate: Councilmember Stacy Call Alternate Voting Delegate: Vice Mayor Cindy Fosi
12. COUNCIL REFERRALS
Item 12.1 City Flag- It is recommended that Council receive a presentation from Councilmember District 1, Luis Uribe regarding the City Flag.
Councilmember Uribe provided a presentation on the current City Flag and proposed changes.
City Council discussed item with staff.
Direction was provided to staff to move forward with this item.
Item 12.2 Adopt a Storm Drain- It is recommended that Council receive a presentation from Mayor Hernandez regarding an Adopt a Spot Storm Drain Program.
Mayor Hernandez provided a presentation on the Adopt a Spot Storm Drain Program.
CC / LRA Minutes – 07/22/2025
City Council discussed item with staff.
Direction was provided to staff to move forward with this item.
13. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.
The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 13.1 Staff
City Manager Garcia:
• Our last movie in the park is showing this Saturday at Silva Park. We will be showing Inside Out 2. The movie will begin at dusk and we will be having games, activities, and free Raising Canes before the movie. The movie is free to all that would like to attend. So, you get a free movie, free food. Come and enjoy! • Stanislaus County has released the draft Comprehensive Economic Development Strategy for 2025-2030 for public review and comment. What is that? Some of you may not be familiar with what that document is. The CEDS, as it is commonly known, is a document that helps to aid communities in applying for Economic Development Administration grants to implement projects and programs identified in the project and are designed to spur economic development in your community. The document is available on the Stanislaus County CEO website, and comments are being accepted through August 20th, 2025 by 5 p.m. There is a section that's dedicated to Riverbank. So if Council is interested in seeing that section, we can send it out individually as it is a pretty large document. That way you can provide some feedback on that specific section to the County.
Item 13.2 Council/Authority Member
Vice Mayor Fosi:
• I attended the groundbreaking for North County Corridor. This is a really exciting addition to the Modesto, Riverbank area. Once it's completed, we will really relieve a lot of traffic on our Claribel and Patterson roads. We just have to survive the three years for it to get done. So, I'm asking all of our citizens to have patience and remember, everybody's trying to get to the same place you are. So, don't try to rush because they are all trying to rush. We will let you know all of the dates of when Roselle will close or when anything's closing. So, keep yourself informed by watching the agenda or going to the City website. They will be posting that information.
• I also attended the workshop on Riverwalk, and I just want to thank all those that attended the meeting and gave your comments. We appreciate it. I know it's hard to not hear anything from Council, but that was our job was to sit there and listen
CC / LRA Minutes – 07/22/2025
to you and hear your comments and suggestions and what you would like us to do. So, thank you all for coming.
• On the 15th, I had my meet and greet tours at the Industrial Park and I was so excited to see about 25 to 30 people there come and do a tour of the Riverbank Industrial Park. Everybody really was amazed at what is out there. I understand Stacy's going to be doing the same thing. What date is yours? July 31st. She'll be offering tours also, if you have not ever been out there, or if you haven't been out there for ten years, sign up for the tour because it's pretty amazing. • Lastly, I will be out of the Country for the next three weeks, so if you try to contact me you will get Rachel because I'm going to put on my email to forward to her if you would like to, or you will get my voicemail. So, have a fun three weeks I will see you when I get back.
Councilmember Uribe:
• This past July 19th, Riverbank Sister Cities held a fundraiser we raised $340. We are going to turn around and support our Sheriff's toy drive. So next week, the entire committee is going to go out to target. Trying to keep the money locally, trying to, you know, support your guy’s program as well. We are just going to buy a bunch of toys and make it fun and support your cause. • We're also going to be out at the National Night Out event that you guys are hosting on August 5th. We received a pretty large donation of seed packets, vegetables, gardening, a bunch of items. So, we are going to be giving them out for free. We are just encouraging gardening, self-sufficiency. It's going to be August 5th from 5 to 8 p.m. at Silva Park. We will see you there.
Councilmember Pimentel:
• On July 11th Sister Cities, we met at Cal's house. Thank you, Cal, for opening your home. It's nice to see the Sister Cities banners are going up throughout Riverbank promoting the September 13th Mexican Independence dinner and a raffle. Sister Cities is a very important outreach to the Community. Having said that, I would like to comment on what was said about me tonight. Eric was very respectful and I appreciate the words that he chose. On the other hand, Sammi Martinez had mentioned me in a recent social media post regarding Sister Cities, which is taking the focus off of the purpose of Sister Cities and was putting it on myself. She was implying that I could be bribed for an upcoming project, which is an insult in what I call keyboard courage. I am not going to partake in people trying to use City Council as a mockery. Everything that I do is about a project, not a title it is for our people. Having said that, I want to encourage the residents of Riverbank if you have questions about anything, it is your right to reach out to the City staff and our legal not to take second hand information. Because at the end of the day it is all about an important cause and not someone's five minutes of fame with their reality show mentality.
CC / LRA Minutes – 07/22/2025
Councilmember Call:
• I went to the State of the County where Chair Buck Condit earlier this month talked about the resilience and progress within our County, specifically focusing on the technology homeless advocacy, our partnerships within the County, and Economic Development.
• I, too, was at the North County Corridor groundbreaking, it’s nice to see a safer, smarter way for our community to travel. And again, three years, it'll go by in a jiffy. I did ask the City Manager to revisit a timeline for those closures, because there has been some conflicting information that has come to me from community members so getting an accurate timeline of the Claus Oakdale upgrades as well as the Roselle closure. So, looking to get that coming in soon. • I did open office hours at Get Toasted last week Small bites and Big conversations. We had actually quite a few people come through was really excited and super respectful conversations.
• The Stanislaus County Fair just finished and they actually had a large group of people advocating for the County Fair this year, and really trying to get more people in. So always fun.
• Save the date I have the Aemetis tour future and focus on July 31st from 6 to 8 p.m. I already have a good number of tourists scheduled, so please email me to schedule and they will be doing root beer floats.
• National Night Out I am going to actually have a booth there at Silva Park on August 5th, and so bring your children out to come fish for rubber duckies and prizes at 5 p.m.
• Then I want to invite everyone to the Stanislaus Homeless Alliance meeting on August 13th at the County Chambers, Modesto City Council Chambers at 5:30 p.m. I go to these meetings the second Wednesday of every month. There's not a huge turnout, and I really wish there was more of a turnout. And it doesn't always have to be positive conversations. It could be constructive criticism. There's a lot of presentations given at the SHA meetings, and it's nice to hear community feedback on what they are seeing, because we see the presentations. But I'm only in a small section of the county, so it's really nice to see hear what everyone else is seeing within our County.
• Riverbank Night at the Nuts is August 15th, and we have cute Hawaiian shirt for that. I'm really excited.
• Lorri mentioned the Chamber event at 108 on August 20th, and it's a karaoke night. She didn't mention that, so make sure you bring your singing voices. • Save the date for November 8th. We were doing a shop with a cop fundraiser at 108 as well for the Santa shopping.
• I want to mention two things that I've previously mentioned. I would like to add a Patrol Deputy with our growing population and with the 1 to 2 year wait. So, I would like to revisit the possibility of that with the numbers that we've seen, where we have a 0.92 per 1000 residents, I'd really like to see one full deputy per 1000 residents, and then also Opportunity Stanislaus, we have a presentation
CC / LRA Minutes – 07/22/2025
pending, and it's been about two months since we started having these conversations. I would like to revisit terminating that agreement.
Item 13.3 Mayor/Chair
Mayor Hernandez:
• I just want to mention one thing. Obviously, there's been a lot of conversation around StanCOG and some of the Grand Jury reports that came out. I just want to hopefully affirm and reassure the Council that though I am bound by a lot of Closed Session items that are discussions that have happened, unfortunately, every step of the way I have considered, you know, what is best for the City moving forward as we do in Council and I think it's been reflective of how we have made decisions, bringing data, best practices, standards, all the things considering, you know, potential litigation, all of that. It was a difficult decision to make but I feel confident in the direction but it is a volatile. And so, I'm trying to figure out how much I can share and when. I want to show you that I'm going to do that as soon as possible. You know, when, when all of this happened. So, there is a public meeting on August 13th, I believe do you have that off the top of your head Marisela? 3rd Wednesday of August the 20th.Yeah, the 20th. So, you know, if you want to listen in, there's definitely zoom accessibility. But regardless, I want to make a point of reporting back to you all moving forward. So, you're apprised of all the information possible.
14. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session
Item 14.1 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Miscellaneous Employees Item 14.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Item 14.3 CONFERENCE WITH LEGAL COUNSEL – EXISITNG LITIGATION (Pursuant to Gov. Code, § 54956.9)
Name of Case: Miller Arms Company, Inc. v. City of Riverbank et al., Stanislaus County Superior Court Case No. CV-23-002593
Item 14.4 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
CC / LRA Minutes – 07/22/2025
(Pursuant to Gov. Code, § 54956.9) Name of Case: Advance Materials and Manufacturing Technologies, LLC v. City of Riverbank et al., Stanislaus County Superior Court Case No. CV-23-004578
Item 14.5 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code §54957(b)(1))
Title: City Manager
There being no public comment, Mayor Hernandez motion to closed Session at 8:26pm.
Reconvened from Closed Session at 9:42 pm.
15. REPORT FROM CLOSED SESSION
Item 15.1 Report from Item 14.1
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Miscellaneous Employees Item 15.2 Report from Item 14.2
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Item 15.3 Report from Item 14.3
CONFERENCE WITH LEGAL COUNSEL – EXISITNG LITIGATION
(Pursuant to Gov. Code, § 54956.9)
Name of Case: Miller Arms Company, Inc. v. City of Riverbank et al., Stanislaus County Superior Court Case No. CV-23-002593
Item 15.4 Report from Item 14.4
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
(Pursuant to Gov. Code, § 54956.9) Name of Case: Advance Materials and Manufacturing Technologies, LLC v. City of Riverbank et al., Stanislaus County Superior Court Case No. CV-23-004578
Item 15.5 Report from Item 14.5
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code §54957(b)(1))
Title: City Manager
CC / LRA Minutes – 07/22/2025
16. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair Hernandez adjourned the regular meeting at 9:43 P.M.to the next regular scheduled City Council / LRA Meeting of August 26,2025 at 6:00 P.M.
ATTEST: (Adopted 08/22/2025) APPROVED:
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk / LRA Recorder Mayor/ Chair
P.O. Box E, Modesto, CA 95352
lwvstanislaus.org | [email protected] | 209-324-3375 July 18, 2025
City of Riverbank
Members of the Planning Commission
c/o Gabriela Hernandez, CMC, City Clerk
6707 Third Street
Riverbank, CA 95367
Dear Members of the City of Riverbank Planning Commission, The League of Women Voters of Stanislaus County has a history of study and advocacy regarding land use decisions, including comments on the 2006 Riverbank General Plan Update. We recognize that farmland is an irreplaceable resource and prime farmland, in particular, needs to be preserved and protected.
Riverbank’s current Sphere of Influence contains land, which can be developed for housing, avoiding unnecessary conversion of the prime farmland in the proposed River Walk Development area.
The League of Women Voters advocates for urban development that is contiguous with existing development. Contiguous development provides more economical provision of urban services allowing for adequate funding for infrastructure (water, sewer, parks, schools, transportation, etc.).
Our organization also supports water policies and practices that protect and ensure coordinated, sustainable use of ground water and surface water supplies for urban, agricultural and environment purposes. We are concerned that the urbanized land use proposed for River Walk will affect the ability of the land to serve the purpose of aquifer re-charge that can occur when the land is in agricultural use.
The League of Women Voters also believes in the citizen's right to vote and that the Riverbank Planning Commission and City Council should be responsive to the will of the people. The League of Women Voters of Stanislaus County supports a delay in moving forward with the River Walk project until after the people have voted on the anticipated ballot initiative specific to agricultural or open space lands located west of Riverbank City limits in 2026.
We thank you for your time and consideration of our position. Should you have any questions, do not hesitate to reach out to me at [email protected] or 209-499-4091.
Respectfully,
Amy Wolfe, CFRE
President, League of Women Voters of Stanislaus County
CC: Riverbank City Council Members
Riverbank Planning Commission Members
ATTACHMENT 2
Item 9.3 – CC/LRA 08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: August 26, 2025
Subject: Acceptance of the Oakdale Road Overlay Project between Patterson Road and the MID Canal and Authorization to File a Notice of Completion
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Capital Projects/Regulatory Compliance Manager Laura Graybill, Senior Project Coordinator
RECOMMENDATION:
It is recommended that the City Council accept the completion of the Oakdale Road Overlay Project between Patterson Road and the MID Canal and authorize staff to file a Notice of Completion.
SUMMARY:
DSS Company dba Knife River Construction, completed the construction of the Oakdale Road Overlay Project between Patterson Road and the MID Canal. William Kull, City Engineer and City staff have completed a final inspection and determined that construction has been completed per the plans and specifications.
The contract was awarded on March 11, 2025 to DSS Company dba Knife River Construction in the amount of $460,935.50. One contract change order was issued for this project in the amount of $25,038.30. The total cost of construction is $485,973.80.
It is recommended that the Council accept the Oakdale Road Overlay Project between Patterson Road and the MID Canal as complete and authorize the Senior Project Coordinator to record the Notice of Completion.
FISCAL IMPACT:
Funding was programmed for this project with Measure L funds; the total cost of construction is $485,973.80.
Item 9.3 – CC/LRA 08/26/2025
ATTACHMENTS:
1. Notice of Completion
2. Photos
3. Site Map
CITY OF RIVERBANK
ATTN: DEVELOPMENT SERVICES6707 THIRD STREETRIVERBANK, CA 95367 City of Riverbank
6707 Third Street, Riverbank, CA 95367
X
N/A
N/A
Exempt from Recording Fees (Per Government Code Section 27388.1) August 26, 2025
CITY OF RIVERBANK
ATTACHMENT 1
Riverbank Stanislaus California
Stanislaus California
Riverbank
2025
2025
Oakdale Road Overlay Project between Patterson Road and the MID Canal DSS Company dba Knife River Construction
Oakdale Road between Patterson Road and the MID Canal
in Riverbank, CA 95367
construct and furnish all labor, materials, equipment, transportation, and incidentals necessary for asphalt grinding & paving, micro-surfacing, striping, traffic control and all other work included on the plans.
City of RiverbankLaura Graybill, Senior Project Coordinator City of RiverbankLaura Graybill, Senior Project Coordinator 26th August
26th August
Oakdale Road Overlay Project
Between Patterson Road and the MID Canal Photos
Before During After
ATTACHMENT 2
SITE MAP
OAKDALE ROAD OVERLAY PROJECT
BETWEEN PATTERSON ROAD AND THE M.I.D. CANAL
ATTACHMENT 3
Item 9.4 – CC/LRA – 08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: August 26, 2025
Subject: Resolution for Approval of the Amended and Restated Central San Joaquin Valley Risk Management Authority (CSJVRMA)
Joint Powers Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Assistant City Manager/Admin Services Director
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Amended and Restated Joint Powers Agreement (JPA) of the Central San Joaquin Valley Risk Management Authority (CSJVRMA), and authorize the City Manager to execute the agreement on behalf of the City of Riverbank.
SUMMARY
The CSJVRMA has proposed amendments to its Joint Powers Agreement to reflect current practices, legal requirements, and operational needs. The updated JPA has been reviewed and approved by the CSJVRMA Executive Committee and is now being presented to all member agencies for formal approval. The revised agreement requires adoption by two-thirds of member city councils. Failure to adopt may result in involuntary termination from the Authority.
BACKGROUND
The Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a joint powers authority established for the purpose of pooling insurance and risk management resources among member cities. The last comprehensive amendment to the JPA occurred in 1994.
In 2025, CSJVRMA staff and legal counsel conducted a thorough review of the agreement, resulting in proposed amendments to better align with current laws and practices. Key updates include:
Item 9.4 – CC/LRA – 08/26/2025
• Clarification of definitions and terms.
• Provisions to allow for the formation or participation in a captive insurance entity. • Updates to comply with Government Code Section 6509, designating the City of Ripon (with Madera as alternate) as the statutory restriction model city. • Organizational improvements regarding meetings, board authorities, and responsibilities of members.
• Codification of governance, audit, and withdrawal processes in alignment with current practices.
A redlined version, final version, and sample resolution have been provided by CSJVRMA to assist with local adoption.
FINANCIAL IMPACT
There is no direct financial impact associated with adopting the amended and restated JPA. However, continued participation in the CSJVRMA provides significant long-term financial and risk mitigation benefits to the City.
ATTACHMENTS
1. CSJVRMA Memo – Amended Joint Powers Agreement Overview
2. Resolution 2025-
3. Amended and Restated Joint Powers Agreement – Final Version
4. Redlined Version of the Joint Powers Agreement
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200 Sacramento, CA 95833 (916) 244-1100 (800) 541-4591
Fax (916) 244-1199 E-Mail [email protected] Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake
DATE: July 14, 2025
TO: CSJVRMA Member City Councils
FROM: Jeanette Workman, Administrator
SUBJECT: AMENDED AND RESTATED CSJVRMA JOINT POWERS AGREEMENT –
ACTION REQUIRED
The Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.
Pursuant to action by the Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city’s city council at their earliest opportunity.
Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.
Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
Definitional terms have been defined more clearly.
Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency. An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:
“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all ATTACHMENT 1
CSJVRMA Member City Councils
July 14, 2025
restrictions from the ordinances of all of the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JPA to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city.”
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.
To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
A proposed new Joint Powers Agreement to be executed upon approval by your city council.
A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.
Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secretary, at the following address:
CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSJVRMA Administrator, at [email protected] or (916) 244-1110.
CC/LRA – 08/26/2025
CC Resolution 2025-
CITY OF RIVERBANK
RESOLUTION 2025-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING THE AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; and WHEREAS, the City of Riverbank is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and
WHEREAS, the City of Riverbank is a member of the CSJVRMA; and WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Riverbank does hereby authorize and direct that the City Manager execute such agreement.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 26th day of August, 2025; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
ATTACHMENT 2
CC/LRA – 08/26/2025
CC Resolution 2025-
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment(s): Central San Joaquin Valley Risk Management Authority Joint Powers Agreement as Amended and Restated Effective July 1, 2025
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
ATTACHMENT 3
TABLE OF CONTENTS
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11 CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents
ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 Joint Powers Agreement Page 1 Amended and Restated July 1, 2025
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).
Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.
ARTICLE III
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.
This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. Make and enter into contracts;
Joint Powers Agreement Page 6 Amended and Restated July 1, 2025
2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;
3. Assess Member Cities as deemed appropriate by the Executive Committee;
4. Acquire, hold, or dispose of real and personal property;
5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
6. Sue and be sued in its own name;
7. Employ agents and employees;
8. Acquire, construct, manage, and maintain buildings;
9. Lease real or personal property, including property of a Member City; and
10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.
Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.
A majority of the members of the Board is a quorum for the transaction of business.
However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. Creation of any new Joint Protection Program;
3. Termination of any Joint Protection Program;
4. Expulsion of a Member City;
5. Adoption of an operating budget for the Authority;
6. Amendments to the Authority's Conflict of Interest Code; and
7. Authorization for the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 8 Amended and Restated July 1, 2025
ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.
All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.
B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.
Refunds shall be made in accordance with the Master Plan Document for each program.
Joint Powers Agreement Page 9 Amended and Restated July 1, 2025
ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. Assist Member Cities in developing their risk management programs;
2. Participate in risk management advisory committees formed by Member Cities;
3. Provide loss prevention, safety, and security services;
4. Provide all program services as required by program Master Plan Documents;
5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. Conduct risk management audits to review the participation of each Member City in the program; and
7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
Joint Powers Agreement Page 10 Amended and Restated July 1, 2025
ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. Pay all financial obligations to the Authority within the time prescribed;
2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
7. Submit underwriting information requested by the Authority on a timely basis;
8. Provide accurate statistical data concerning the Member City to the Authority when requested;
9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
11. Comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
Joint Powers Agreement Page 11 Amended and Restated July 1, 2025
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.
Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
Joint Powers Agreement Page 13 Amended and Restated July 1, 2025
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of ____ is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of ____ is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:
IT IS HEREBY RESOLVED that the City Council of ______________________ __________________________ approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.
The forgoing resolution was adopted this _____ day of ___________, 20__ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR/CITY MANAGER
ATTEST:
_______________________________________
CITY CLERK
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994
ATTACHMENT 4
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents
ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15 Joint Powers Agreement Page 1 Amended July 1, 20251994
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and Joint Powers Agreement Page 2 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
Joint Powers Agreement Page 3 Amended July 1, 20251994
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .
Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Joint Powers Agreement Page 4 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.
Joint Powers Agreement Page 5 Amended July 1, 20251994
ARTICLE III
CREATION OF JOINT POWERS AUTHORITY
A.
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
Joint Powers Agreement Page 6 Amended July 1, 20251994
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. to mMake and enter into contracts;
2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
Joint Powers Agreement Page 7 Amended July 1, 20251994
3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;
4. to aAcquire, hold, or dispose of real and personal property;
5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;
6. to sSue and be sued in its own name;
7. to eEmploy agents and employees;
8. to aAcquire, construct, manage, and maintain buildings;
9. to lLease real or personal property, including propertythat of a Member City; and
10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.
Joint Powers Agreement Page 8 Amended July 1, 20251994
notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.
A majority of the members of the Board is a quorum for the transaction of business. .
However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. To creation ofe any new Joint Protection Program;
3. To termination of ae any Joint Protection Program;
4. To expulsion ofel a Member City;
5. To adoption of an operating budget for the Authority;
6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and
7. To Aauthorization for e the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 9 Amended July 1, 20251994
ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .
All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.
B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.
Joint Powers Agreement Page 10 Amended July 1,
20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.
Refunds shall be made in accordance with the Master Plan Document for each program.
ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. assist Member Cities in developing their risk management programs ;
2. participate in risk management advisory committees formed by Member Cities;
3. provide loss prevention, safety, and security services;
4. provide all program services as required by program Master Plan Documents ;
5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.
Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.
Joint Powers Agreement Page 11 Amended July 1,
20251994
record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. conduct risk management audits to review the participation of each Member City in the program; and
7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. pay all financial obligations to the Authority within the time prescribed;
2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. establish a risk management advisory committee to work with the risk manager of the Authority;
6. maintain an active safety committee;
7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;
10. submit underwriting information requested by the Authority on a timely basis;
11. provide accurate statistical data concerning the Member City to the Authority when requested;
12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
14. comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document
Joint Powers Agreement Page 12 Amended July 1,
20251994
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to Joint Powers Agreement Page 13 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
Joint Powers Agreement Page 14 Amended July 1,
20251994
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
Joint Powers Agreement Page 15 Amended July 1,
20251994
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
Item 9.5 – CC/LRA-08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: August 26, 2025
Subject: Resolution Accepting the Public Improvements from LGI Homes – California LLC for the Diamond Bar East Subdivision
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Capital Projects/Regulatory Compliance Manager RECOMMENDATION:
Council to adopt Resolution accepting the public improvements required by the Planning Commission and City Council constructed by LGI Homes – California LLC for Diamond Bar East Subdivision
SUMMARY:
LGI Homes – California LLC has completed the construction of public improvements for the Diamond Bar East Subdivision as required by the Planning Commission and City Council of the City of Riverbank.
The public improvements completed by LGI Homes - California LLC for the Diamond Bar East Subdivision have been inspected by the Sr. Construction Inspector and are acceptable. These public improvements consist of pavement, curb, gutter, sidewalk, storm drain collection system, water distribution system, sewer collection system, street lighting system, and landscaping. LGI Homes – California LLC has provided a one (1) year maintenance bond for the public improvements as required by City Ordinance.
The only outstanding item that still needs to be address is the final slurry seal on the roads, which LGI Homes – California LLC has provided the City with a Performance Bond. The slurry seal will be completed once all the homes have been built.
It is recommended that the Council adopt a resolution accepting the public improvements as required by the Planning Commission and City Council.
FINANCIAL IMPACT:
A Community Facilities District was formed to cover the maintenance of this development. There is no financial impact to the City.
Item 9.5 – CC/LRA-08/26/2025
ATTACHMENTS:
1. Resolution 2025-
CC/LRA – 08/26/2025
CC Resolution 2025-
CITY OF RIVERBANK
RESOLUTION 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED BY LGI HOMES – CALIFORNIA LLC
FOR THE DIAMOND BAR EAST SUBDIVISION
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, LGI Homes – California LLC is the property owner and applicant for the Diamond Bar East Final Map 03-2022; and
WHEREAS, The Council adopted Resolution 2023-027 on March 28, 2023, authorizing the City Engineer to record the final map for LGI Homes – California LLC for Diamond Bar East Subdivision, upon determination that all conditions, fees and bonding required with the map have been provided; and
WHEREAS, LGI Homes – California LLC for the Diamond Bar East Subdivision has completed the construction of the public improvements; and WHEREAS, Sr. Construction Inspector has inspected the public improvements and determined they were constructed in accordance with the approved improvement plans and City of Riverbank Standards; and
WHEREAS, LGI Homes – California LLC for the Diamond Bar East Subdivision has provided a one (1) year maintenance bond for the public improvements as required by City Ordinance, and
WHEREAS, LGI Homes – California LLC for the Diamond Bar East Subdivision has provided the City with a Performance Bond for the slurry seal that will be completed once all the homes have been built.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES HEREBY FIND that the City Council of City of Riverbank accepts the public improvements constructed by LGI Homes – California LLC for the Diamond Bar East Subdivision consisting of pavement, curb, gutter, sidewalk, storm drain collection system, water distribution system, sewer collection system, street lighting system, and landscaping:
PASSED AND ADOPTED by the City Council of the City of the City of Riverbank at a regular meeting held on the 26
th day of August 2025; motioned by Councilmember
___________, seconded by Councilmember ________________, and upon roll call was carried by the following vote of ____:
ATTACHMENT 1
CC/LRA – 08/26/2025
CC Resolution 2025-
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________ _____________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Item 10.1 – CC/LRA-08/26/2025
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: August 26, 2025
Subject/ Title: Public Hearing to Adopt Resolution of the City Council of the City of Riverbank Annexing of Territory to a Community
Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3; and
Resolution of the City Council of the City of Riverbank Declaring Results of a Special Annexation Election,
Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3.
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Capital Projects/Regulatory Compliance Manager RECOMMENDATION:
It is recommended that the City Council hold a public hearing and adopt resolutions annexing territory to the City of Riverbank Community Facilities District 2016-1 (Public Services) and to authorize the levy of a special tax therein to finance certain City services.
STRATEGIC GOAL:
The conditions of approval for the specific territory development require it to annex into Community Facilities District No. 2016-1 (Public Services) (“CFD 2016-1”) to provide financing for police services, street maintenance, parks, storm drainage, and landscaping.
The adoption of these resolutions will fulfill that requirement and complete the annexation.
SUMMARY:
Item 10.1 – CC/LRA-08/26/2025
By Resolution No. 2016-028, the City Council established CFD 2016-1, a Mello-Roos Community Facilities District with the intention that future development within the City of Riverbank (the “City”) would annex into this district. The special taxes collected from the property owners within the district are to be used for the funding of police services, landscape maintenance, park maintenance, drainage maintenance, and street maintenance.
The parcels proposed for annexation are generally located east of Central Avenue, west of Snedigar Road, and north of Patterson Road. The boundary of the annexation includes the area within assessor’s parcel numbers 062-020-037-000, 062-020-038-000, and 062- 020-040-000 as depicted on Exhibit A. Development of these properties change the characteristics of undeveloped land. Once developed, this project will have intensified the use of the property, creating a need for more services under this CFD.
As part of the annexation process, the City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation.
Resolution No. 2025-080 was adopted on July 22, 2025, and set the public hearing for August 26, 2025. The adoption of the attached resolutions annexes the territory into CFD 2016-1, submits the levy of the special tax to the qualified electors, and declares the results of the special election. This is the final step in the annexation process; and since the conditions of approval for the development require it to annex into CFD 2016-1, a majority protest of the annexation is not anticipated.
Once the annexation is complete, the property owners of the parcels will be required to pay annual special taxes for CFD 2016-1, beginning in Fiscal Year 2026/27 as itemized on their property tax bill in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.
The CFD 2016-1 Rate and Method of Apportionment was established as part of the formation of the district and fixed Fiscal Year 2016-2017 as the base year for the annual special tax rate as shown in Exhibit B. Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. The current special tax rate for the district is as shown in Exhibit C.
FISCAL IMPACT:
The full fiscal impact will not be seen by the City until the subject properties are developed with Building Permits issued on the respective parcels affected.
ATTACHMENTS:
1) City of Riverbank Community Facilities District No. 2016-1 (Public Services) Boundary Map – Annexation No. 3
Item 10.1 – CC/LRA-08/26/2025
2) Resolution 2025- _____, “Resolution Of The City Council Of The City Of Riverbank Annexing Of Territory To A Community Facilities District, Authorizing The Levy Of A Special Tax, And Submitting Levy Of Tax To Qualified Electors, City Of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3.”
a. Exhibit A: Ballot Results
b. Exhibit B: Public Services Rate and Method of Apportionment c. Exhibit C: Maximum Special Tax CFD No.2016-1 FY 2025-26 3) Resolution 2025- _____ “Resolution Of The City Council Of The City Of Riverbank Declaring Results Of A Special Annexation Election, Determining Validity Of Prior Proceedings, And Directing Recording Of Amended Notice Of Special Tax Lien, City Of Riverbank Community Facilities District No. 2016-1 (Public Services) Annexation No. 3.”
Item 10.1 – CC/LRA-08/26/2025
City of Riverbank Community Facilities District No. 2016-1 (Public Services)
Boundary Map-Annexation No. 3
CITY OF RIVERBANK
RESOLUTION 2025 - _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK ANNEXING
OF TERRITORY TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF RIVERBANK COMMUNITY FACILITIES DISTRICT NO. 2016-1 (PUBLIC SERVICES) ANNEXATION NO. 3
WHEREAS, the CITY COUNCIL of the CITY OF RIVERBANK, CALIFORNIA (the “City Council”) adopted Resolution No. 2025-080 (Resolution of Intention) stating its intention to annex the territory to the City’s Community Facilities District No. 2016-1 (Public Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the Resolution of Intention set August 26, 2025, as the date of the public hearing; and
WHEREAS, on the 26th of August 2025, the City Council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and
WHEREAS, at said hearing, interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD; and WHEREAS, Annexation No. 3 Boundary Map to the CFD has been filed with the County Recorder of the County of Stanislaus, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK, HEREBY RESOLVES:
Section 1. All prior proceedings taken by the City Council, with respect to the CFD and the proposed annexation of territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act. It has been determined that this project will intensify the use of the property creating a need for more services under this CFD.
Section 2. The description and map of the boundaries of the territory to be annexed to the CFD, as described in said Annexation No. 3 to the CFD on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
Section 3. The provisions of the Resolution of Intention has heretofore been adopted by the City Council and are by this reference incorporated herein, as if fully set forth herein.
Section 4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefore as hereinafter provided.
Section 5. It is reasonably expected that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. The County Certification of Registered Voters is forthcoming. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the CFD and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the territory proposed to be annexed to the CFD.
Section 6. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they have not been waived by the unanimous consent of all landowners of the territory to be annexed to the CFD.
Section 7. The City Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on August 26, 2025, (“Election Day”) in the office of the City Clerk, at City Hall, 6707 3rd Street Suite A, Riverbank, California.
Section 8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFD, a ballot in the form of Exhibit A hereto, which is hereby approved.
Section 9. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.
Section 10. The City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 26th day of August, 2025; motioned by ___________________, seconded by ____________________, and upon roll call was carried by the following City Council vote of ___-___:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
_________________________ _________________________
Gabriela Hernandez,CMC Rachel Hernandez
City Clerk Mayor
Attachment: Exhibit A- Ballot Results
EXHIBIT A
City of Riverbank Community Facilities District No. 2016-1 (Public Services)
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Riverbank no later than 6:00 p.m. on August 26, 2025, by mail or in person. The City Clerk’s office is located at 6707 3rd Street, Riverbank, California 95367.
This ballot represents ____ votes.
To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Riverbank to obtain a replacement ballot.
MEASURE: Shall the City of Riverbank, by and for its Community Facilities District No. 2016-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the rate and method of apportionment (“RMA”) attached hereto as Exhibit A and
incorporated herein and as also set forth in the Resolution of Intention of the City of Riverbank adopted by its Council on July 22, 2025? Yes
No
By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.
Property Owner Name:
Property Owner/Authorized Representative Signature: ________________________ Property Owner/Authorized Representative Printed Name: _______________________ B-1
EXHIBIT B
City of Riverbank
Community Facilities District No. 2016-1
(Public Services)
Rate and Method of Apportionment
A Special Tax of City of Riverbank Community Facilities District No. 2016-1 (Public Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2016-17 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.
“Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Annual Escalation Factor” means the greater of (i) two percent (2%) or (ii) the annual percentage increase in the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland-San Jose area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December. “Assessor's Parcel” means a parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.
“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
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“Attached Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of April 1 st
preceding the Fiscal Year in which the Special Tax is being levied. “Base Year” means Fiscal Year ending June 30, 2017.
"Building Floor Area" means the sum of the gross horizontal areas of several floors of the building, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures or enclosed porches, as obtained from the applicable Building Permit.
“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.
“CFD” means City of Riverbank Community Facilities District No. 2016-1 (Public Services).
“City” means the City of Riverbank.
“City Clerk” means the City Clerk for the City or his or her designee. “City Engineer” means the City Engineer for the City or his or her designee. “Commercial Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing nonresidential property for any non-residential use located in a commercial zoning district and all other property considered commercial, including hotels, motels, and private schools, as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Council” means the City Council of the City, acting as the legislative body of the CFD.
“County” means the County of Stanislaus, California.
“Detached Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure B-3
consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Developed Property” means an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or the amount of Office, Commercial, or Industrial/Agricultural Building Floor Area in each Building Permit for that Assessor’s Parcel.
“Drainage Maintenance” means the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain drainage improvements for the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.
“Drainage Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Drainage Maintenance applicable to the CFD for such Fiscal Year. “Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Riverbank's Municipal Code.
“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) Undeveloped Property and (v) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Industrial/Business Park/Agricultural Processing Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial or agricultural zoning district, which is not an office or financial institution, and all other property considered industrial or agricultural as coded by the County’s assessor or as determined by the City, as of April 1 st preceding the
Fiscal Year in which the Special Tax is being levied.
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“Landscaping Maintenance” means the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain landscaping improvements within the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD. “Landscaping Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscaping Maintenance applicable to the CFD for such Fiscal Year. “Land Use Class” means any of the classes listed in Table 1 and defined herein. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for Non-Residential use. "Mobile Home" means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008. “Non-Residential” means an Assessors’ Parcel of Taxable Property within the CFD for which a Building Permit has been issued for a non-residential use, including Office Property, Commercial Property, and Industrial/Business Park/Agricultural Processing Property.
“Office Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in an industrial, office, or commercial zoning district and all other property considered office property, including hospitals and convalescent homes, savings and loans property, medical and dental property, and other office buildings, as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Riverbank.
“Park Maintenance” means the estimated and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot B-5
maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services within the CFD. “Park Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park Maintenance applicable to the CFD for such Fiscal Year.
“Police Services” means the estimated and reasonable costs of providing police services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, if the City directly provides police services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
“Police Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Police Services applicable to the CFD for such Fiscal Year.
“Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes.
“Proportionately” means, for Taxable Property, that the ratio of the actual Special Tax levied per Assessor's Parcel of Taxable Property to the Maximum Special Tax per Assessor's Parcel of Taxable Property is equal for all Assessor’s Parcels of Taxable Property.
“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the Special Tax Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and repair cost overruns, and delinquencies in the payment of Special Taxes.
B-6
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for: (i) the Police Services Requirement; (ii) the Drainage Maintenance Requirement; (iii) the Landscaping Maintenance Requirement, (iv) the Park Maintenance Requirement; (v) the Street Maintenance Requirement, (vi) reasonable Administrative Expenses; and (vii) and any amounts required to establish or replenish a reserve fund for that Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy. “State” means the State of California.
“Street Maintenance” means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD. “Street Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Street Maintenance applicable to the CFD for such Fiscal Year.
“Taxable Property” means all Assessor's Parcels of Developed Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the Special Tax Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2016-17, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2016-17, Taxable Property shall be further classified as Attached Residential, Detached Residential, Mixed-Use Property, Office Property, Commercial Property, or Industrial/Business Park/Agricultural Processing Property.
B-7
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
Table 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2016-1
Fiscal Year 2016-17
Land Use
Class Description Maximum Special Tax
1 Detached Residential $580.00 per Dwelling Unit
2 Attached Residential $348.00 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for each applicable Land Use Class
4 Office $0.369 per square foot of Building Floor Area
5 Commercial $0.211 per square foot of Building Floor Area 6 Industrial/Business
Park/Agricultural Processing $0.148 per square foot of Building Floor Area On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2016-17, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:
The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the B-8
Developed Property’s classification as Detached Residential, Attached Residential, Mixed-Use Property, Office, Commercial, or Industrial/Business Park/Agricultural Processing Property.
E. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel.
Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Engineer, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal.
The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified.
The decision of the hearing board or Review/Appeal Committee shall be final and binding as to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.
G. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.
C-1
EXHIBIT C
Maximum Special Tax for Developed Property
Community Facilities District No. 2016-1
Fiscal Year 2025-26
Land Use
Class Description Maximum Special Tax
1 Detached Residential $783.67 per Dwelling Unit
2 Attached Residential $470.20 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for each applicable Land Use Class
4 Office $0.499 per square foot of Building Floor Area
5 Commercial $0.285 per square foot of Building Floor Area 6 Industrial/Business
Park/Agricultural Processing $0.200 per square foot of Building Floor Area On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
1. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
1 CITY OF RIVERBANK
RESOLUTION 2025 - _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK
DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX
LIEN, CITY OF RIVERBANK COMMUNITY FACILITIES DISTRICT NO. 2016-1 (PUBLIC SERVICES) ANNEXATION NO. 3
WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2016-1 (Public Services) (CFD);
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on August 26, 2025, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it’s capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure.
2 5. Finding of Validity. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Stanislaus within fifteen days of the date hereof, an amendment to the Notice of Special Tax Lien as required by California Streets and Highways Code Section 3114.5.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 26th day of August, 2025; motioned by ___________________, seconded by ____________________, and upon roll call was carried by the following City Council vote of ___-___:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
_________________________ _________________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
A-1
EXHIBIT A
CITY OF RIVERBANK
COMMUNITY FACILITIES DISTRICT NO. 2016-1
(PUBLIC SERVICES)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Gabriela Hernandez, City Clerk of the City of Riverbank, hereby certify that I canvassed the returns of the Special Annexation Election in the City of Riverbank Community Facilities District No. 2016-1 (Public Services) (the “District”), that the election was held in the Chambers of the City Council at 6707 3rd Street, Riverbank, California 95367 on August 26, 2025.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. 2016-1
(Public Services) Special Annexation
Election, August 26, 2025
Qualified
Eligible
Votes
Votes
Cast Yes No
Ballot Measure 7
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of ______________, 2025.
By:________________________
Gabriela Hernandez
City Clerk
City of Riverbank
B-1
EXHIBIT B
Ballot Measure:
Shall the City of Riverbank, by and for its Community Facilities District No. 2016- 1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the rate and method of apportionment (“RMA”) attached hereto as Exhibit A and incorporated herein and as also set forth in the Resolution of Intention of the City of Riverbank adopted by its Council on July 22, 2025?
RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO.10.2
SECTION 10: PUBLIC HEARING
Meeting Date: August 26, 2025
Subject: First Reading by Title Only and Introduction of an Ordinance Approving the Rezone (RZ 02-2024) of Approximately 1.94± Acres (Assessor Parcel Number 132-048-016) to Planned
Development; Resolutions to Consider Approval of (1) Vesting Tentative Subdivision Map (VTSM 02-2024); and (2) Architecture and Site Plan Review (ASPR 09-2024)
From: Marisela H. Garcia, City Manager
Submitted by: Michael Arroyo, Contract Planner
RECOMMENDATION
Hold public hearing for the First Reading by Title Only and Introduction of an Ordinance approving a Rezone to Planned Development of approximately 1.94± Acres, and consider the adoption of two (2) Resolutions approving the request by Benchmark Engineering, Inc. for a Vesting Tentative Subdivision Map, and Architecture and Site Plan Review to allow development of twenty-seven (27) single-family lots within the proposed Sierra Village, located at 6509 Claus Road (APN: 132-048-016).
SUMMARY
Rezone 02-2024, Vesting Tentative Subdivision Map 02-2024, and Architecture and Site Plan Review 09-2024 (hereinafter referred to as "proposed Project") involve the rezoning of the subject property to a new Planned Development (P-D) Zone District to allow for a single-family residential subdivision. The Project proposes to subdivide the 1.94± acre parcel into twenty-seven (27) single-family residential lots. Two additional lots are designated as common areas to support the development: Lot A will provide shared site infrastructure, including access, storm drainage, parking, sidewalks, and landscaping; Lot B is designated for a tot-lot and pocket park. The proposed Project site is located northwest of Riverbank High School and south of Atchison Street/SR 108, and is further identified as Assessor Parcel Number (APN) 132-048-016.
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BACKGROUND
On September 3rd, 2024, the Applicant submitted an application proposing to rezone
1.94± acres from Single Family Residential (R-1) to a Planned Development (P-D) Zone District and a Vesting Tentative Subdivision Map to allow for the development of a subdivision consisting of twenty-seven (27) single-family residential lots.
The City of Riverbank’s 2005-2025 General Plan designates the subject property for Medium-Density Residential (MDR) land uses, and is zoned Single-Family Residential (R-1). The subject property is bounded by large, half-acre sized County parcels to the north, large residential parcels and Diamond Bar West to the east, large residential parcels to the south, and relatively large residential parcels to the west. The table below summarizes the General Plan Land Use designations and zoning of surrounding properties:
Land Use Zoning Designation
General Plan
Designation
North Residential Unincorporated Stanislaus
County, General AG 10 Acre UT
Medium Density
Residential (MDR)
East Residential Single Family Residential (R-1) Medium Density Residential (MDR)
South Residential Single Family Residential (R-1) Medium Density Residential (MDR)
West Residential Single Family Residential (R-1) Medium Density Residential (MDR)
On June 17, 2025, the Planning Commission adopted Resolutions 2025-006, 2025-007, and 2025-008 (Attachment 4), recommending that the City Council approve the proposed Project. The recommendations include: (1) rezoning the subject property to a new Planned Development (P-D) Zone District to allow for residential use; (2) approval of a Vesting Tentative Subdivision Map to subdivide the property into twenty-seven (27) single-family residential lots; and (3) approval of an Architecture and Site Plan Review for the proposed design of the twenty-seven (27) homes within the Sierra Village. The Planning Commission voted unanimously (5-0) to recommend approval to City Council for the proposed Project.
ANALYSIS
A. General Plan Consistency
As previously noted, the subject property is designated for Medium Density Residential (MDR) land uses under the City’s 2005–2025 General Plan. The MDR designation
Item 10.2 – CC/LRA -08/26/2025
supports small-lot single-family detached homes, attached single-family homes, and other residential types developed at a net density of 8 to 16 dwelling units per acre.
The proposed Project has a net density of approximately 14 dwelling units per acre and is therefore consistent with the MDR land use designation in the General Plan.
Additionally, the Project aligns with the General Plan policies outlined below.
GENERAL PLAN CONSISTENCY FINDINGS:
Below is a discussion of General Plan Policies with which the proposed project is consistent:
1. Policy LAND-2.4 – The City will encourage re-use of vacant or underutilized land in the Infill Opportunity Area through policies that seek to encourage more intense infill development.
The Applicant is proposing a rezone of the subject property to allow a more compact development on property which is located within the City’s Infill Opportunity Area. By creating a new Planned Development zone, this encourages more intense infill development.
2. Policy DESIGN-3.2 – Approved plans, projects, and subdivision requests shall provide residential site and building design that contributes to an attractive, pedestrian-friendly environment along neighborhood streets.
Architecture and Site Plan Review is included with this application. The proposed Project has been scrutinized against City Standards to ensure the architecture and site design will be attractive environment.
3. Policy CONS-4.2 – Approved projects, plans and subdivisions shall provide for collection, conveyance, treatment, detention, and other storm water management measures in a way that does not decrease water quality or alter hydrology in the Stanislaus River or associated groundwater recharge areas.
The Applicant has provided a composite utility plan illustrating potential options and proposed improvements including plans for handling the collection, conveyance and storm water management measures. As proposed, the project will manage all on-site stormwater via a french drain system to be constructed within Lot A (parking lot area) and as conditioned this project will not be permitted to connect to the City’s overall storm drain system located in Sierra Street.
4. Policy LAND-3.3 – The City will encourage “compact development,” which places origination and destination points closer together (residence, stores, schools, places of work, etc.), allowing for alternatives to vehicular travel.
The Applicant is proposing a residential subdivision characterized by “compact development” located adjacent to stores and schools. The entrance to the development
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is located approximately 200 yards northwest from Riverbank High School and is located less than a half-mile from the Village Market.
B. Rezone to Planned Development
A component of the proposed Project is a rezone of the subject property from Single Family Residential (R-1) to a Planned Development (P-D). The R-1 zoning district allows for single-family residential development with a minimum lot size of 6,000 square feet; the Applicant is proposing a P-D to allow for specific development standards for the subdivision.
Section 153.160: Planned Development P-D Zone defines the requirements for new Planned Development zones. The purpose of the P-D is to… “encourage a desired level of pre-planning for the development or redevelopment of land and to establish innovative design solutions while retaining good land use relationships and compatibility with adjoining property.”
The Table below depicts the development standards of the Single-Family Residential, R1 Zoning District since the project proposes single-family dwelling units. The Table compares the proposed Planned Development standards with the R-1 standards. Those standards that deviate from R-1 Zoning District are marked with an asterisk (*).
Type of Standard R-1 Zoning Standards Proposed P-D Standards Lot Size (Minimum)
Interior 6,000 Square Feet 1,800 Square Feet*
Corner 6,000 Square Feet 2,186 Square Feet*
Lot Width (Minimum)
Interior 55 Feet 30 Feet*
Corner 65 Feet 40 Feet*
Density (Maximum) 8 DU/ Net Acre 1 DU/ 1,800 Square Feet* Height (Maximum) 35 Feet 20 Feet*
Setback (Minimum)
Front 10 Feet 10 Feet
Garage 20 Feet N/A
Side:
Interior 5 Feet 3 Feet
Corner 5 Feet 10 Feet*
Rear 5 Feet 10 Feet*
Lot Coverage
(Maximum) 50% 52%
Accessory Height
(Maximum) 15 Feet N/A
As illustrated above, the proposed Project includes variations of development standards from the R-1 Zoning District including lot size, width, and setbacks. The development of lands zoned P-D are required to adhere to the provisions which are applicable to all P-D Zone Districts including but not limited to the following general provisions:
• No P-D district shall be established on any parcels or a combination of parcels less than one (1) acre;
• The P-D district shall be in compliance with the general plan; • Development of a P-D district may proceed by phases. Such phases shall be reasonable and logical in size, shape and function and in relationship to other development units within the district. A separate master plan and/or development plan shall be required for each phase of a development not included in the original master plan and/or development plan application;
• All land in a proposed P-D district shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the development; and
• Compliance with any requirement shall not be construed to relieve an Applicant from compliance with subdivision regulations, building code requirements, or any other applicable regulations of the city.
City staff have reviewed the proposed rezone to a new P-D and associated development standards; City staff recommends approval of the proposed rezone to a ne P-D Zone District.
Per Riverbank Municipal Code section 153.161 (A), no combination of parcels less than one (1) acre in size may be rezoned PD. The parcel proposed for development in this project totals approximately 1.94± acres. Therefore, the proposed Project meets this requirement.
Rezone Findings
The City Council may approve, conditionally approve, or deny the rezone to PD. To approve, the proposed Project must meet the required findings of fact:
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1. Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.
The development could be built in stages and exist as independent units capable of creating a good environment. Further, if approved the Project Proponent would be required to install curbs, gutters and sidewalks to a vacant, highly visible and unimproved parcel. Additionally, land will be required to be dedicated to the City of Riverbank for Right of Way improvements along Claus Road.
2. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect.
The Project site is vacant and unimproved. The proposed Project includes the development of a compact subdivision consistent with the Medium-Density Residential General Plan Land Use Designation. Per the City of Riverbank’s General Plan, the surrounding properties are also designated as Medium-Density Residential; thus, the proposed Project is consistent with present and future surrounding land uses.
By rezoning the project site to a Planned Development Zone District, this allows the addition of single-family dwelling units to the immediate area. This provides value to the City of Riverbank by adding single-family dwelling units to the dynamic housing stock as well as increasing the options for housing in the community.
3. Any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offers certain redeeming features to compensate for any deviations that may be permitted.
The proposed Project is unique in design, layout, and architecture. The proposed Project’s design and orientation are new to the City of Riverbank and may spur similar projects in the future. By rezoning the subject property to a Planned Development Zone District, this allows compact development within the City’s Infill Opportunity Area at a significantly higher number. The compact design allows the proposed Project to be affordable by design without sacrificing aesthetics or appeal.
4. The principles incorporated in the proposed plans identify unique characteristics which could not otherwise be achieved under other zoning districts.
The unique development, including smaller lots could not be achieved under other zoning districts; hence, the zone change to accommodate the more compact housing subdivision proposal.
5. Where a PD rezone is initiated by the City, the previous findings are not required.
This Planned Development Zone District was initiated by the Project Proponent; hence, the findings above are applicable.
C. Vesting Tentative Subdivision Map
The Applicant is also requesting a Vesting Tentative Subdivision Map (VTSM) (Attachment 2) as part of the overall application. The VTSM would subdivide the existing
1.94-acre parcel into twenty-seven (27) single family residential lots. Two (2) additional lots, lot A and B, are set aside to provide a common area to serve the project site for ingress and egress access, storm drainage, parking, sidewalks, landscaping and a common area for a tot lot and pocket park.
Access to the proposed Project will be provided via Stanislaus Street and Sierra Street.
Lot A will provide fifty (50) standard parking stalls and two (2) ADA parking stalls for residents and guests. The Applicant will be required to install frontage improvements along the western edge of Claus Road spanning the Project’s Claus Road frontage, the northern portion of Sierra Street, and the southern portion Stanislaus Street. These improvements include the construction of curb, gutter, sidewalks, curb returns, and ramps. The proposed Project will also be conditioned to construct a CMU wall along the eastern edge of the Project site spanning the length of its Claus Road frontage.
As mentioned above, lot A will serve as the proposed Projects access and roadway through the residential development. The proposed lot A will be comprised of three street sections varying in width and improvements. The following images illustrate the proposed roadway sections that make up the full length of lot A:
Section A-A provides access from Sierra Street and offers the widest section totaling fiftyseven (57) feet in sum; Section A-A provides seventeen (17) feet long parking stalls on the east and west side of the road section of lot A. Section A-A also provides six (6) feet wide sidewalks for pedestrian travel and a combined width of twenty-three (23) feet of drive aisle.
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Section A-B provides a forty-two (42) foot wide section and offers parking on the northern side of the drive aisle. Section A-B also provides six (6) foot wide sidewalks on the norther and southern sides of the drive aisle which adds to the pedestrian connectivity throughout the development.
Section A-C provides the narrowest width of the three (3) roadway sections within the development, but still provides two (2) twelve and one half (12.5) feet wide drive aisle (12.5’). However, there are no parking stalls provided within this narrow street section.
The City Engineer has reviewed the proposed Vesting Tentative Subdivision Map and has determined that the map is complete and complies with the City’s Subdivision Ordinance (Chapter 152 of the City’s Municipal Code).
Tentative Subdivision Map Findings
Tentative Subdivision Map 02-2024 may be approved or conditionally approved by the City Council if it makes all of the following findings:
1. The proposed map is consistent with applicable general and specific plans.
The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted.
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2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted as they relate to connectivity, sidewalks, and the provision of amenities.
3. The site is physically suitable for the type of development.
The Sierra Village Project site is suitable for a new subdivision of this type and ripe for infill development.
4. The site is physically suitable for the proposed density of the development (14 dwelling units per net acre are proposed).
The site is physically suitable for a proposed density of between eight (8) and sixteen (16) dwelling units per net acre.
5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats.
The design of the subdivision should not injure fish, wildlife, or their habitats, none of which are present on the site.
6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
There is nothing in the design of the subdivision or proposed improvements that should cause serious health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. This division shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction.
The design of the subdivision will not conflict with any easements of record.
D. Architecture and Site Plan Review
Site Design
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As part of the review process, the proposed Project was referred to internal City departments and external agencies. This referral process provides an opportunity to evaluate whether the proposed Project could potentially impact surrounding land uses, public safety, transportation, or public facilities. It also helps identify any project-related concerns early in the review process.
This review typically results in Conditions of Approval that are intended to eliminate or reduce any potential adverse impacts to an acceptable level. In this case, staff received comments from the Modesto Irrigation District (MID) and Conditions of Approval from the City’s Engineering Department. These conditions have been incorporated into the Project and are reflected in the associated resolution.
As proposed, the Project consists of a compact residential development featuring detached single-family homes. Lot sizes vary across the subdivision, with a minimum lot size of approximately 1,800 square feet and a maximum of approximately 3,150 square feet. No individual residential lot exceeds 3,150± square feet.
Architecture and Design Guidelines
The Applicant has provided an architecture submittal that includes four (4) models that offer two (2) elevations; the architecture submittal is homogenous in design. The following includes details for each model included as part of the proposed Project:
Model / Total Square
Feet
Bedrooms Bathrooms Notes
A – 786 sq. ft. 2 1
Single story, living & dining combo,
covered patio
B – 929 sq. ft. 2 2
Single story, living & dining combo,
covered porch
C – 852 sq. ft. 2 1
Single story, living & dining combo,
covered porch.
D – 780 sq. ft. 2 1
Single story, living & dining combo,
covered porch.
The elevations, floor plans, and models can be seen in Exhibit A of Attachment 3.
Additional details of the project plans are as follows:
• Porches and Entries – A clear sense of entry and design interest to a home is provided through the inclusion of covered porches and other architecture elements such as window trim and shutters that contribute to a sense of place and activity.
The proposed porches, patios, and entries fit with the smaller scale of the proposed Project.
• Driveways and Parking – No driveways are proposed for individual units. There are fifty (50) standard parking spaces provided within the development along with two (2) ADA spaces proposed. Off-street parking is strictly provided via lot A; street parking is permitted, however.
• Fences, Walls, and Entry Features – The designs of walls and fences, as well as the materials used, shall be consistent with the overall development’s design.
Fence and wall color should be compatible with the development and adjacent properties. The proposed Project will be conditioned to construct a CMU wall along Claus Road and good neighbor fences will be installed on the perimeter of the project site. No wall or fence is proposed between each single-family lot. • Landscaping – Front yard, basin, and any common area landscape and irrigation plans will be reviewed and approved as a Condition of Approval. The City currently contracts with a landscape architect for those approvals upon application by the developer. Per the City of Riverbank Standard Conditions, Resolution 2013-014, because the project is a Planned Development, Covenants, Conditions and Restrictions (CC&Rs) for the project shall contain appropriate provisions for joint maintenance of any infrastructure, roadways, utilities, landscaping and irrigation as determined necessary by the City Engineer. Vertical evergreen shrubs, evergreen hedge, and clinging vines will be planted along the CMU wall along Claus Road. Within the development, accent ground cover will be planted at the entryway; planter strips between parking stalls will have shade trees and low growing plants to maintain clear view of the drive aisle.
CONDITIONS OF APPROVAL
The proposed Project will be required to comply with the City’s Standard Conditions of Approval. In addition, the Project will be required to pay all applicable System Development Fees. Notably, the Traffic Impact portion of these fees will serve as the project’s fair share contribution toward the planned signalization of the intersection at Hwy 108 and Claus Road.
PARK-IN-LIEU FEE
The proposed Project is subject to the City’s parkland dedication requirements and must either dedicate land or pay a park in-lieu fee. For this project, the calculated obligation is
0.47 acres. The applicant shall satisfy this requirement through payment of the park-inlieu fee, which will be due prior to recordation of the Final Map.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act, the proposed Project is exempt pursuant to CEQA Guidelines Section 21159.21, Exemption for Qualified Housing Projects.
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FISCAL IMPACT
The proposed Project includes the development of a subdivision on existing undeveloped land. The fiscal impacts associated with providing municipal services to new residential projects will be partially off-set by the funds generated through CFD 2016-01. In light of the obligation to participate in the above mentioned Community Facilities Districts, the Project is unlikely to negatively impact the City’s finances.
STRATEGIC GOALS
The City’s Strategic Planning Session is a plan and set of goals that the City will work towards for the next three years. This project works toward the goal of Fostering Attainable Housing for City residents.
PUBLIC NOTICE
On July 30, 2025, public notices for the public hearing were mailed to interested parties and property owners within 300 feet of the project location. The notice was posted on the City’s website and physically posted at City Hall North, South, the post office and sent to the library on July 30, 2025.
ATTACHMENTS
1. City Council Ordinance No. 2025-xxx RZ
2. City Council Resolution No. 2025-xxx VTSM
Exhibit A – Vesting Tentative Subdivision Map 02-2024
3. City Council Resolution No. 2025-xxx ASPR
Exhibit A – Elevations and Floor Plans
4. Planning Commission Resolutions 2025-006, 2025-007, and 2025-008
CC/LRA- 08/26/2025 & 09/09/2026
CC Ordinance 2025-
CITY OF RIVERBANK
ORDINANCE 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING THE REZONING OF 1.94± ACRES TO PLANNED DEVELOPMENT (P-D), LOCATED AT 6509 CLAUS ROAD (APN: 132-048-016) – A PROJECT
KNOWN AS SIERRA VILLAGE
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, an application has been received from Benchmark Engineering, Inc., with a proposal to rezone the 1.94± acre property to a new Planned Development (P-D) and subdivide the subject property into twenty-seven (27) Planned Development single-family residential lots, located at 6509 Claus Road and particularly described as Stanislaus County Assessor Parcel Number 132-048-016; and WHEREAS, the project site is currently zoned Single-Family Residential (R-1) with a General Plan Land Use designation of Medium Density Residential (MDR); and
WHEREAS, on Tuesday, June 17, 2025, the City of Riverbank Planning Commission held a duly noticed public hearing to consider the proposed Rezone (the “Rezone Ordinance”) and unanimously voted 5-0 to recommend its approval; and WHEREAS, on Tuesday, August 26, 2025, the City Council held a duly noticed public hearing on the proposed Rezone Ordinance, and considered the Planning Commission recommendations, and any public comments and all documents or testimony received; and
WHEREAS, the City Council for the City of Riverbank has made the following findings for adoption:
1. Pursuant to California Government Code Section 65855, the recommendation to City Council shall include the relationship to the applicable general or specific plan. a. The property identified in this action has a General Plan Land Use Designation of Medium Density Residential (MDR) and is zoned Single-Family Residential (R-1). The project proposes a Rezone to a new Planned Development (P-D) to allow for Residential uses. b. The proposed Rezone to P-D will continue the consistency between the General Plan and Zoning Code, pursuant to Government Code Section 65860.
ATTACHMENT 1
CC/LRA- 08/26/2025 & 09/09/2026
CC Ordinance 2025-
2. Each individual unit of the development can be built in stages, as well as the total development, and can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.
3. The uses proposed will not be a detriment to the present and proposed surrounding land uses but will enhance the desirability of the area and have a beneficial effect.
4. Deviations from the standard ordinance requirements is warranted and additional amenities are incorporated in the development which offer certain redeeming features to compensate for any deviations that may be permitted.
5. The principles incorporated in the proposed development identify unique characteristics which could not otherwise be achieved under other zoning districts.
6. The P-D rezone was not initiated by the City, so the findings above are required.
NOW, THEREFORE, THE CITY OF RIVERBANK CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Riverbank approves rezoning 1.94± acres to a new Planned Development zoning for properties located at 6509 Claus Road, APN: 132- 048-016.
Section 2: The City Clerk is hereby directed to cause the Official Zoning Map of the City of Riverbank to be revised to reflect the rezoning approved by this ordinance.
Section 3: Constitutionality, severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4: This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
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CC Ordinance 2025-
The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on August 26, 2025. Said ordinance was given a second reading by title only and adopted.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the day of , 2025; motioned by Councilmember ____________, seconded by Councilmember _______________, and moved said ordinance by a City Council roll call vote of ____:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ ___________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
APPROVED AS TO FORM:
______________________
City Attorney
CC/LRA -08/26/2025
CC Resolution 2025-xxx
CITY OF RIVERBANK
RESOLUTION 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING VESTING TENTATIVE SUBDIVISION MAP 02-2024 TO SUBDIVIDE
1.94± ACRES FOR SIERRA VILLAGE, LOCATED AT 6509 CLAUS ROAD (APN 132-048-016)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, a Rezone, Vesting Tentative Subdivision Map, and Architecture and Site Plan Review application has been received from Benchmark Engineering, Inc. with a request for a Vesting Tentative Subdivision Map to subdivide approximately 1.94± acres into twenty-seven (27) Planned Development single-family residential lots, and more particularly described as Stanislaus County Assessor Parcel Number 132-048- 016; and
WHEREAS, the City Subdivision Ordinance, Section 152.037, states that as a condition of approval of a tentative map, the subdivider shall dedicate and develop parkland, pay a fee in lieu thereof, or both, at the option of the City. In this case the determination of parkland dedication or a fee in lieu of will occur at the Final Map stage based on values of land at the time the Final map is recorded; and WHEREAS, the proposed Vesting Tentative Subdivision Map is consistent with the following General Plan policies discussed in the staff report: Policy Land 2.4, Policy Design 3.2, Policy Cons 4.2, and Policy Land 3.3; and
WHEREAS, the proposed subdivision is located on land that is within the City limits of the City of Riverbank and is within an area anticipated for urban land uses; and
WHEREAS, the City of Riverbank Planning Commission conducted a public hearing on June 17, 2025 to take public comment, consider Vesting Tentative Subdivision Map 02-2024, and make a recommendation to City Council; and WHEREAS, the Riverbank Planning Commission with a vote of 5 - 0 recommended approval of Tentative Subdivision Map 02-2024 dated April 10, 2025, prepared by Benchmark Engineering, and modified by adopted Conditions of Approval, and incorporated herein as a part of this City Council Resolution; and ATTACHMENT 2
CC/LRA -08/26/2025
CC Resolution 2025-xxx
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the Vesting Tentative Subdivision Map was published in the Riverbank News, a newspaper of general circulation on July 30, 2025; and WHEREAS, notices of the City Council public hearing on the Vesting Tentative Subdivision Map were also mailed to all property owners within 300 feet of the property, according to the most recent Assessor’s roll on July 30, 2025; and WHEREAS, The City Council of the City of Riverbank hereby finds and adopts the following findings:
1. The proposed map is consistent with applicable general and specific plans.
2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
3. The site is physically suitable for the type of development.
4. The site is physically suitable for the proposed density of the development.
5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats.
6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. In this connection, the City Council may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
This division shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction.
WHEREAS, Tentative Subdivision Map 02-2024 is hereby approved, subject to and modified by the following conditions:
1. Applicant shall comply with the City of Riverbank Standard Conditions as contained in Planning Commission Resolution 2013-014, including annexing into Community Facilities District 2016-01, or receive confirmation from the Community Development Director that a specific condition or conditions does not apply to the subject project; and
2. The applicant shall submit a final geotechnical (soils) report, including percolation testing and a supporting hydraulic analysis, to confirm that the proposed horizontal drain design is adequately sized to accommodate stormwater generated by the development. The report shall be prepared by a qualified geotechnical engineer and shall demonstrate compliance with applicable City standards. Final approval
CC/LRA -08/26/2025
CC Resolution 2025-xxx
of the horizontal drain design is subject to the review and approval of the City Engineer prior to improvement plan approval; and
3. All stormwater generated by the project shall be managed entirely on-site. No connections to the City’s existing storm drain system shall be permitted. The applicant shall design and construct storm drainage facilities—including detention, retention, or infiltration system, as necessary to accommodate on-site runoff in compliance with City standards and applicable stormwater regulations. All drainage improvements shall be subject to the review and approval of the City Engineer as part of the improvement plan approval process; and
4. Each lot within the project shall be individually connected to the City’s water system and equipped with a City-approved water meter and backflow prevention device.
All water service installations shall comply with City standards and specifications and shall be shown on the improvement plans, subject to the review and approval of the City Engineer and Public Works Department; and
5. Each lot shall be individually connected to the City’s sanitary sewer system and shall include a cleanout installed at the property line in accordance with City standards. All sewer service connections and appurtenances shall be shown on the improvement plans and are subject to the review and approval of the City Engineer and Public Works Department; and
6. All storm drain inlets installed as part of the project shall be equipped with stormwater filtration devices (e.g., inlet filters or inserts) designed to capture sediment, trash, and other pollutants. The filters shall comply with applicable stormwater quality standards and be included on the approved improvement plans.
Installation and ongoing maintenance shall be the responsibility of the property owner or homeowners’ association, and the design shall be subject to review and approval by the City Engineer; and
7. The storm drain system for the project shall be designed in accordance with all applicable City standards, specifications, and stormwater management requirements. The design shall provide adequate capacity to convey runoff from the project site and prevent localized flooding. All storm drain plans shall be submitted for review and approval by the City Engineer as part of the improvement plan approval process; and
8. The project shall comply with the City’s Post Construction Standards Plan, including identification of DMAs, implementation of LID measures, and completion of the required worksheets in the Appendix. The document is available on the City’s website and shall guide stormwater design, subject to City Engineer approval; and
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CC Resolution 2025-xxx
9. All parking spaces shall comply with City standards and measure 9 feet by 19 feet.
Proposed ingress, egress, reciprocal parking, and utility easements shall be clearly shown on the parcel map, subject to review and approval by the City Engineer and Community Development Director; and
10.The applicant shall provide joint maintenance agreements for private roadways, utilities, and storm drainage systems, as well as any necessary easement agreements, to the City for review and approval prior to recordation of the Final Map;
11.The improvement plans shall clearly identify and distinguish between private and public utilities. This designation shall be subject to the review and approval of the City Engineer prior to improvement plan approval; and
12.A 10-foot-wide Public Utility Easement (PUE) shall be dedicated along all street frontages. The location and dimensions of the PUE shall be shown on the improvement and parcel maps, subject to City Engineer approval prior to recordation;
13.Streetlights shall be installed at the intersections of Sierra Street and Stanislaus Street in accordance with City standards. Final locations and specifications shall be included on the improvement plans and subject to City Engineer approval prior to construction;
14.Streetlights shall be installed along the interior private street near Lot 8 and Lot B.
The locations and specifications shall conform to City standards and be included in the improvement plans for review and approval by the City Engineer prior to construction; and
15.The existing storm manhole and catch basin shown on Claus Road, currently identified as a drywell, shall be replaced with a City-standard storm inlet. The new inlet shall be connected to the City storm drainage system. Final design and connection details shall be included in the improvement plans and are subject to City Engineer approval prior to construction; and
16.A storm inlet shall be installed at the westerly end of Stanislaus Street on the south side and connected to the City storm drain system. Design details shall be shown on the improvement plans and are subject to City Engineer approval prior to construction; and
17.A continuous swale shall be constructed along the northerly side of Stanislaus Street to manage stormwater runoff from the 12-foot half street. The swale design and details shall be included in the improvement plans and subject to City Engineer approval prior to construction; and
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CC Resolution 2025-xxx
18.All water service connections located within the public street shall include valves on all branches of each tee connection to allow for proper isolation and maintenance. Valve locations and details shall be shown on the improvement plans and are subject to City Engineer approval prior to construction; and
19.The existing vault located at the intersection of Stanislaus Street and Claus Road shall be adjusted to grade and fitted with a traffic-rated lid to meet City standards.
Details of the adjustment shall be included in the improvement plans and are subject to City Engineer approval prior to construction; and
20.Barricades and appropriate traffic signs shall be installed at all pavement transitions along Stanislaus Street to ensure safety and proper traffic control.
Installation details shall be shown on the traffic control plan and are subject to City Engineer approval prior to construction; and
21.The project developer shall pay an in-lieu fee for parkland dedication based on values of land at the time the Final Map is recorded. The obligation for this project is the value of 0.47 acres.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Tentative Subdivision Map Application No. 02-2024 is approved, subject to those conditions established by Resolution No. 2025-xxx and to be built as illustrated in Exhibit A to this Resolution entitled Vesting Tentative Subdivision Map, Sierra Village, dated April 10, 2025.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 26th day of August 2025; motioned by Councilmember _____, seconded by Councilmember _________, and upon roll call was carried by the following vote of __/__:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez,CMC Rachel Hernandez
City Clerk Mayor
Exhibit A –Vesting Tentative Subdivision Map 02-2024
EXHIBIT A
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CC Resolution 2025-xxx
CITY OF RIVERBANK
RESOLUTION 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING ARCHITECTURE AND SITE PLAN REVIEW APPLICATION NO. 09-2024 FOR SIERRA VILLAGE, LOCATED AT 6509 CLAUS ROAD
(APN: 132-048-016)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, a Rezone, Vesting Tentative Subdivision Map and Architecture and Site Plan Review application has been received from Benchmark Engineering, Inc. with a request for an Architecture and Site Plan Review for the of twenty-seven (27) Planned Development single family residential homes, and more particularly described as Stanislaus County Assessor Parcel Number 132-048-016; and WHEREAS, the Planning Commission held a public hearing on June 17, 2025, to consider Architecture and Site Plan Review 09-2024 and take public comment; and WHEREAS, the architectural review of structures for a subdivision is not a Project pursuant to CEQA Guidelines; and
WHEREAS, the Riverbank Planning Commission made the following findings:
1. The proposed project, together with the provisions for its design and improvements, is consistent with the goals, policies, program and uses of the General Plan.
2. The proposed Architecture and Site Plan Review along with the Conditions of Approval is in conformity with both the intent and provisions of the Zoning Ordinance, Title 153, of the City of Riverbank Code of Ordinances.
WHEREAS, the proposed project is consistent with the following aspects of the General Plan:
1. Policy Land-2.4: The City will encourage re-use of vacant or underutilized land in the Infill Opportunity Area through policies that seek to encourage more intense in fill development.
2. Policy Design-3.2: Approved plans, projects, and subdivision requests shall provide residential site and building design that contributes to an attractive pedestrian friendly ATTACHMENT 3
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CC Resolution 2025-xxx
environment along neighborhood streets.
3. Policy Cons-4.2: Approved projects, plans and subdivisions shall provide for collection, conveyance, treatment, detention, and other storm water management measures in a way that does not decrease water quality or alter hydrology in the Stanislaus River or associated groundwater recharge areas.
4. Policy Land-3.3: The City will encourage “compact development,” which places origination and destination points closer together (residence, stores, schools, places of work, etc.), allowing for alternatives to vehicular travel.
WHEREAS, the Riverbank Planning Commission with a vote of 5-0 recommended approval of Architecture and Site Plan Review 09-2024 and modified by adopted Conditions of Approval, and incorporated herein as a part of this City Council Resolution; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the Architecture and Site Plan Review was published in the Riverbank News, a newspaper of general circulation on July 30, 2025; and WHEREAS, notices of the City Council public hearing on the Architecture and Site Plan Review were also mailed to all property owners within 300 feet of the property, according to the most recent assessor’s roll on July 30, 2025; and WHEREAS, the plans and elevations of Benchmark Engineering, Inc. are hereby granted and approved, subject to the following conditions:
1. Applicant shall comply with the City of Riverbank Standard Conditions as contained in the Planning Commission Resolution 2013-014 and/or receive confirmation from the Community Development Director that a specific condition or conditions does not apply to the project;
2. The applicant shall build the entire project according to the floor plans and elevations dated June 5, 2024 and on file with the Community Development Department and as presented to the Planning Commission as part of this action;
3. The Community Development Director shall approve block walls and fencing;
4. An application, plans, and current fee shall be submitted for the approval of landscaping and irrigation;
5. The Subdivision Improvement Agreement shall be signed and submitted to the Community Development Director before Final Map adoption;
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CC Resolution 2025-xxx
6. CC&R documents, if used, shall be submitted to the Community Development Director for staff and City Attorney review and approval. The CC&Rs shall prohibit Recreational Vehicle (RV) parking in driveways and mobile basketball hoops from streets, sidewalks, and any common areas. Property owners shall be responsible for the maintenance and replacement of their walls and fences, including graffiti;
7. Street names shall not be final until Final Map adoption; and
8. Any subdivision signage shall be approved under separate permit.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Architecture and Site Plan Review Application No. 09-2024 is approved, subject to those conditions established by Resolution No. 2025-XXX and to be built as illustrated in Exhibit A to this Resolution.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 26th day of August 2025; motioned by ______, seconded by ________, and upon roll call was carried by the following vote of __/__:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment: Exhibit A – Elevations and Floor Plans
EXHIBIT A
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Item 10.3 – CC/ LRA- 08/26/2025
RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO.10.3
SECTION 10: PUBLIC HEARING
Meeting Date: August 26, 2025
Subject: First Reading by Title Only and Introduction of an Ordinance Approving Rezone 01-2025, Rezoning 5.83± Acres to Planned Development, and Two Resolutions to Approve Vesting Tentative Subdivision Map 01-2025 and Architectural and Site Plan Review 04-2025, Located at 4537 California Avenue (APN 062-021-007) for the Meadowview Subdivision (Dept. File No. 25-0010).
From: Marisela H. Garcia, City Manager
Submitted by: Teresa McDonald, Senior Planner
RECOMMENDATION
Hold a public hearing for the first reading of one ordinance and two resolutions approving the request of Cary Pope for Rezone No. 01-2025, Vesting Tentative Subdivision Map No. 01-2025, and Architecture and Site Plan Review No.04-2025 to create thirty-one (31) single-family residential lots for the proposed Meadowview subdivision (Department File No. 25-0010).
EXECUTIVE SUMMARY
The project consists of a Zoning Ordinance Amendment (Rezone) to Planned Development (PD) to allow for specific development standards listed the Analysis section of this report, a Vesting Tentative Subdivision Map (VTSM) to subdivide a 5.83-acre parcel into thirty-one (31) single-family residential parcels ranging in size from 4,500± to 10,643± square feet and a 20,075± square-foot dual use basin, and an Architecture and Site Plan Review (ASPR) for the proposed design of the new single-family residential dwelling units.
BACKGROUND
The 5.83-acre project site currently has a General Plan designation of Medium-Density Residential (MDR) and a Zoning designation of Single-Family Residential (R-1), and is located at 4537 California Avenue, at the northwest corner of the Snedigar Road and Page
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California Avenue intersection (APN 062-021-007). The project site is currently improved with a single-family dwelling, accessory dwelling unit, a barn, and two accessory structures, located on the southeast corner of the site. The remainder of the project site is vacant and was previously used as pasture. The site is surrounded by ranchettes to the north, east, and south, and a single-family residential subdivision to the west. If the project is approved, the existing single-family dwelling and accessory dwelling will remain, and the remaining structures will be removed.
The Planning Commission considered this item at a public hearing on June 17, 2025.
Following staff’s presentation to the Planning Commission, Commissioner Stewart asked about the location of the different sized parcels and Commissioner Zamora asked if there were floor plans assigned to each parcel. Staff responded that the parcel sizes vary throughout the development and the floor plans are provided in the Development Plan.
During the public hearing, Mary Alpers, who lives directly east of the project site, stated she was pleased that the intersection at California and Snedigar was going to be required to be a four-way stop. Nearby resident Norma Manriquez mentioned general issues with xeriscape landscaping and relocating electricity poles when utilities are undergrounded, and said the project is a beautiful community. The applicant, Cary Pope, spoke in favor of the project, stating that the relocation of utility poles is often required by the utility provider.
Regarding the xeriscape landscaping, he said he would prefer grass, but it is not permitted due to water restrictions and would take her comments into account. Commissioner Dinan asked if there are issues with the proposed four-way stop considering the jurisdiction of the roadway is split between the City and Stanislaus County. Community Development Director Joshua Mann responded, stating that the City Engineer has reviewed the plans and did not have any concerns. Staci Coffey, who lives northeast of the project site on Snedigar Road, mentioned concerns with increased traffic and the landscaping, and is glad the road will be a four way stop. Tom Owens (via Zoom) stated road conditions in the area are poor and is concerned with the impact the additional traffic will have on the roads.
Karen Comrotto mentioned issues with xeriscape landscaping and would like to see more landscaped area with trees and turf. On a vote of 5-0, the Planning Commission adopted Resolutions 2025-009, 2025-010, and 2025-011 (Attachment 4) to recommend approval to the City Council for a rezone to a new Planned Development zone to allow for alternative development standards, a vesting tentative Map to allow for the subdivision of the property into thirty-one (31) single family residential lots, and an architecture and site plan review for the proposed design of the new single family dwellings.
ANALYSIS
GENERAL PLAN CONSISTENCY FINDINGS:
The project is designated as Medium-Density Residential (MDR) in the General Plan’s Land Use Element, which has density of between eight and 16 dwelling units per acre. The project is consistent at an average density of eight and one half (8.5) dwelling units per acre Below is a discussion of the General Plan Community Character and Design Element’s and Conservation and Open Space Element’s policies with which the proposed project is consistent:
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Item 10.3 – CC/ LRA- 08/26/2025
1. Policy DESIGN-2.7 – In general, the City will require the construction of sidewalks on both sides of all new streets.
The applicant has provided sidewalks on both sides of all new proposed streets and on one side of California Avenue and Snedigar Road adjacent to the project site.
2. Policy DESIGN-3.1 – The City will limit block lengths and encourage continuity of streets among neighborhoods to facilitate access, increase connectivity, and support safe pedestrian, bicyclist, and vehicular movement in residential neighborhoods.
The applicant will make improvements to the intersection of California and Snedigar by installing a four-way stop sign, to accommodate resident safety and support vehicular movements.
3. Policy DESIGN-3.2 – Approved plans, projects, and subdivision requests shall provide residential site and building design that contributes to an attractive, pedestrian-friendly environment along neighborhood streets. Approved plans, projects and subdivision requests will minimize the visual prominence of garages and instead incorporate porches, stoops, active rooms, and functionally opening windows that face the street.
An architecture and site plan review is included with this application and the design reduces the prominence of the garages (see Exhibit A of Attachment 3).
4. Policy DESIGN-4.2 – Approved projects, plans and subdivisions shall provide diversity among dwelling units in the use of color, building materials, floor plan lay-outs, square footages, and roof-lines. Approved projects, plans, and subdivision requests shall maintain continuity of a few overall urban design features to provide context between individual units and the neighborhood.
The developer has provided eight (8) models, with three (3) elevations to provide diversity among the dwelling units. The dwellings will vary in the use of color, building materials, floor plan lay-outs, square footages, roof-lines, and architectural details. These details may include shutters, flower boxes, pillars, decorative vents, brick, rock, shake shingles, accent windows, and foam trim.
5. Policy DESIGN-5.2 – The City will encourage the use of porches, stoops, and other elements that provide a place to comfortably linger and thereby provide ‘eyes on the street,’ helping to maintain a sense of security within neighborhoods.
The applicant has provided architectural details for the use of porches and stoops (see Exhibit A of Attachment 3).
6. Policy CONS-4.2 – Approved projects, plans and subdivisions shall provide for collection, conveyance, treatment, detention, and other storm water management measures in a way Page
Item 10.3 – CC/ LRA- 08/26/2025
that does not decrease water quality or alter hydrology in the Stanislaus River or associated groundwater recharge areas.
The Developer has provided a dual use stormwater basin within the project site and will be required to annex into Community Facilities District 2016-01 to support the general maintenance and/or replacement of public facilities.
A. Rezone
The developer is requesting design variation from the Single-Family Residential (R-1) standards through rezoning the property to Planned Development (PD), which allows the developer flexibility in applicable development standards.
The table below provides information comparing the existing R-1 zoning development standards and the proposed PD standards. The project differs to the R-1 standards in the following areas: Lot size, lot width, density, setbacks, and lot coverage. The development standards that deviate from the standards of the R-1 zone are denoted with an asterisk (*).
Type of Standard R-1 Zoning Standards Proposed PD Standards Lot Size (Minimum)
Interior 6,000 Square Feet 4,500 Square Feet*
Corner 6,000 Square Feet 5,000 Square Feet*
Lot Width (Minimum)
Interior 55 Feet 45 Feet*
Corner 65 Feet 50 Feet*
Density (Maximum) 8 DU/ Net Acre 8-16 DU/ Net Acre*
Height (Maximum) 35 Feet 35 Feet
Accessory Height
(Maximum) 15 Feet 15 Feet
Setback (Minimum)
Front 10 Feet 15 Feet*
Garage 20 Feet 20 Feet
Side:
Interior 5 Feet 5 Feet
Corner 5 Feet 10 Feet*
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Rear 5 Feet 10 Feet*
Lot Coverage
(Maximum) 50% 55%*
Per Riverbank Municipal Code section 153.161 (A), no combination of parcels less than one (1) acre in size may be rezoned PD. The project site meets this requirement as it is approximately 5.83-acres in size.
Rezone Findings
Rezone 01-2025 may be approved or conditionally approved by the City Council if the following findings are met in accordance with Riverbank Municipal Code 153.162 (E):
1. Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development; While the project is planned to be developed in a single phase, the development could be built in stages and exist as independent units capable of creating a good environment.
2. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect; The project site has a single-family dwelling, accessory dwelling, barn, and accessory structures located at the southeastern portion of the property. The remainder of the site is unimproved. The surrounding properties to the north, east, and south consist of ranchettes, and the Bruin Heights single-family subdivision is located directly to the west. The project’s streetscapes, green spaces, and pedestrian pathways have been strategically designed to connect the subdivision with the broader community, encouraging interaction and accessibility. The development has been designed to provide consistency with the Bruin Heights subdivision.
3. Any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offers certain redeeming features to compensate for any deviations that may be permitted; Amenities proposed by the developer include the dual use park basin that offers functional, on-site storm water management in addition to providing new residents additional outdoor space to enjoy.
The applicant has submitted an architecture package which includes eight (8) models with three (3) elevations and varying floor plans, which provides flexibility and variety.
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4. The principles incorporated in the proposed plans identify unique characteristics which could not otherwise be achieved under other zoning districts; Smaller lots could not be achieved under other zoning districts; hence, the zone change to accommodate the more compact housing subdivision proposal.
5. Where a PD rezone is initiated by the City, the previous findings are not required.
This PD was not initiated by the City.
B. Vesting Tentative Subdivision Map
The applicant is requesting a Vesting Tentative Subdivision Map (see Exhibit A to Attachment 2) as part of the overall application, which would subdivide the existing parcel into thirty-one (31) single family residential lots and one (1) lot, lot A, set aside for the proposed dual use storm water retention basin. The purpose of the Vesting Tentative Subdivision Map is to create new parcels for the development of single-family residential dwelling units. Access to the project site will be provided via California Avenue, Snedigar Road, and proposed interior residential streets that will provide connection to each roadway. The applicant will be required to install curb, gutter, and sidewalk along the northern section of California Avenue and the western portion of Snedigar Road adjacent to the project site. The proposed interior streets will also be constructed with frontage improvements on each side of the proposed roadway section. Perimeter fencing is limited to wood fencing; however, due to the topography of the subject property, the northern boundary of the project site will be improved with a one and one-half foot (1.5’) concrete masonry (CMU) wall with wood fencing installed and affixed to the top of the CMU wall.
Also, a CMU block retaining wall will be required between lots 18-31. The applicant originally proposed a slope easement, but this is not permitted. Public water and sewer will be provided by the City of Riverbank.
The City Engineer has reviewed the proposed Vesting Tentative Subdivision Map and has determined that the map is complete and complies with the City’s Subdivision Ordinance, which is found in Chapter 152 of the Riverbank Municipal Code (RMC).
Per RMC section 152.026(L) all new street names shall be approved by City Council.
Duplication of existing names within Stanislaus County will not typically allowed unless the proposed streets are in alignment with existing streets and likely to be a continuation of the other street. Staff have coordinated with Stanislaus Regional 911 in order to verify the names are acceptable.
Vesting Tentative Subdivision Map Findings
Vesting Tentative Subdivision Map 01-2025 may be approved or conditionally approved by the City Council if the following findings are met in accordance with Riverbank Municipal Code 152.059 (D)(3):
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1. The proposed map is consistent with applicable general and specific plans.
The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted.
2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The proposed map is consistent with the General Plan if the recommended Conditions of Approval are adopted as they relate to connectivity, sidewalks, and the provision of amenities.
3. The site is physically suitable for the type of development.
The site is suitable for a new subdivision of this type and is an extension of additional residential housing in the area.
4. The site is physically suitable for the proposed density of the development.
The site is physically suitable for a proposed density of between eight (8) and sixteen (16) dwelling units per net acre.
5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
The design of the subdivision is not likely to injure fish, wildlife, or their habitats, none of which are present on the site.
6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
There is nothing in the design of the subdivision or proposed improvements likely to cause serious health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. This division shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction.
The design of the subdivision should not conflict with any easements of record. The map was reviewed by the Oakdale Irrigation District (OID). There is an existing 15- foot-wide OID pipeline that runs east to west through the northern portion of the project site. As part of the project, the pipeline is being relocated into the proposed right-ofway.
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C. Architecture and Site Plan Review
Site Design
The design of the project as proposed is a compact, detached single-family residential subdivision. The proposed lot sizes vary from 4,500± to 10,643± square feet in size. The typical minimum interior lot size dimensions are 45± feet by 100± feet and the typical minimum corner lot size dimensions are 57± feet by 100± feet.
Architecture and Design Guidelines
The applicant has provided an architectural submittal that includes eight (8) models that offer three (3) unique elevations and floor plans (see Exhibit A of Attachment 3). The following includes details for each model:
Model / Total Square
Feet
Bedrooms Bathrooms Notes
Violet – 1,466 sq. ft. 3 2
Single story, great room, covered patio and 2-
car garage.
Lotus – 1,562 sq. ft. 3 3
Single story, great room, covered patio and 2-
car garage.
Dandelion – 1,742 sq. ft. 3 2
Single story, great room, 2-car garage, covered
patio and covered porch.
Blossom – 1,758 sq. ft. 4 3
Single story, great room, covered patio, and 2-
car garage.
Iris – 1,770 sq. ft. 4 2.5
Single story, great room, covered patio and 2-
car garage.
Dhalia – 1,868 sq. ft. 3 3
Single story, great room, covered patio and 2-
car garage.
Sunflower – 2,105 sq. ft. 4 2.5
Single story, great room, covered patio and 2-
car garage.
Rose – 2,118 sq. ft. 4 3
Single story, great room, covered patio and 2-
car garage.
1. Porches, Entries, and Windows – A clear sense of entry and design interest to a home is provided through the inclusion of covered porches and other architectural elements such as window trim and shutters that contribute to a sense of place and activity.
2. Garage Frontage and Placement – Each dwelling unit has two (2) covered spaces in the garage. For garages accessed from the street, the zoning code requires the garage face to be recessed a minimum of twenty (20) feet from the front property line.
3. Driveways and Parking – As noted above, there are two (2) parking spaces in each garage. All driveways have room to park two (2) vehicles and still provide clearance for the public sidewalk. Street parking is permitted.
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4. Fence and Wall Features – The designs of walls and fences, as well as the materials used, should be consistent with the overall development’s design. Fence and wall color should be compatible with the development and adjacent properties. Good neighbor fences will be installed in their permanent locations at required setbacks.
5. Side yards – To ensure privacy, the side elevations of the homes show few windows.
This keeps sight access to neighboring yards, pools, and windows to a minimum.
6. Landscaping – Front yard, basin, and any common area landscape and irrigation plans will be reviewed and approved as a Condition of Approval. The City currently contracts with a landscape architect for those approvals upon application by the developer. Per the City of Riverbank Standard Conditions, Resolution 2013-014, because the project is a Planned Development, Covenants, Conditions and Restrictions (CC&Rs) for the project shall contain appropriate provisions for joint maintenance of any infrastructure, roadways, utilities, landscaping and irrigation as determined necessary by the City Engineer.
Architecture and Site Plan Review Findings
The Planning Commission is required to make the following findings to approve an architecture and site plan review application in accordance with RMC Section 153.217(D).
1. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.
The project as conditioned is consistent with the objectives of the general plan and zoning regulations, and will be subject to applicable standards.
2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
The project will not create conflicts with vehicular, bicycle, or pedestrian transportation.
A new four-way stop is being installed at the intersection, and the project is required to curb, gutter, and sidewalk.
3. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and compliments the existing surrounding environment and ultimate character of the area under the general plan.
The site layout and development features are consistent with other recent developments in the area.
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4. The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and similar elements, establishes a clear design concept and is compatible with the character of the buildings on adjoining and nearby properties.
The proposed architecture is compatible with the character of the buildings on adjoining and nearby properties.
The Planning Commission evaluated the architecture and site plan review application and did not voice any concerns or apply any additional conditions.
PARK-IN-LIEU FEE
Pursuant to RMC Section 153.164(Q), the project has an obligation to dedicate park land or pay a park-in-lieu fee. For this project, the calculated obligation is 0.54 acres. The applicant shall satisfy this requirement through payment of the park in-lieu-fee, which will be due prior to recordation of the Final Map.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the project is exempt pursuant to CEQA Guidelines Section 21159.21 (a-j), Exemption for Qualified Housing Projects.
FISCAL IMPACT
The Project includes the development of a subdivision on partially developed land. The fiscal impacts associated with providing municipal services to new residential projects will be partially off-set by the funds generated through CFD 2016-01. Street lighting, road maintenance, storm drainage maintenance, common area landscaping, and police services will be funded through the implementation of CFD 2016-01. In light of the obligation to participate in the above mentioned Community Facilities Districts, the Project is unlikely to negatively impact the City’s finances.
STRATEGIC GOALS
The City’s Strategic Planning Session is a plan and set of goals that the City will work towards for the next three years. This project works toward the goal of Fostering Attainable Housing for City residents.
PUBLIC NOTICE
On July 28, 2025, public notices for the public hearing were mailed to property owners within 300 feet of the project location. The notice was advertised in the Riverbank News, Page
Item 10.3 – CC/ LRA- 08/26/2025
posted on the City’s website, and physically posted at City Hall North, South, the Riverbank Teen Center, and the Riverbank Post Office on July 30, 2025.
ATTACHMENTS
1. City Council Ordinance No. 2025-xxx REZ
Exhibit A – Meadowview Planned Development
2. City Council Resolution No. 2025-xxx VTSM
Exhibit A – Vesting Tentative Subdivision Map 01-2025
3. City Council Resolution No. 2025-xxx ASPR
Exhibit A – Elevations and Floor Plans
4. Planning Commission Resolutions 2025-009, 2025-010, and 2025-011 (without exhibits)
ATTACHMENT 1
CC/LRA- 08/26/2025& 09/09/2025
CC Ordinance 2025-
CITY OF RIVERBANK
ORDINANCE 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING REZONE NO. 01-2025 – MEADOWVIEW, REZONING 5.83±
ACRES, KNOWN AS THE MEADOWVIEW SUBDIVISION, TO PLANNED
DEVELOPMENT (PD), LOCATED AT 4537 CALIFORNIA AVENUE
(APN: 062-021-007)
WHEREAS, Rezone Application No. 01-2025, Vesting Tentative Subdivision Map Application No. 01-2025, and Architecture and Site Plan Review Application No. 04-2025 (Dept. File No. 25-0010) have been received from Cary Pope with a request to rezone approximately 5.83± acres from Single-Family Residential (R-1) to a new residential Planned Development zone (PD); and
WHEREAS, the project site is currently zoned Single-Family Residential (R-1) with a General Plan Land Use designation of Medium-Density Residential (MDR); and WHEREAS, the applicant is proposing to rezone the property to a new residential Planned Development (PD) from Single-Family Residential (R-1); and WHEREAS, the City of Riverbank Planning Commission conducted a Public Hearing on Tuesday, June 17, 2025, to consider this proposed Rezone Ordinance (the “Rezone Ordinance”) and recommended approval to the City Council with a 5-0 vote; and WHEREAS, the City Council held a properly noticed public hearing on the proposed Rezone Ordinance, and considered the Planning Commission recommendations, and any public comments and all documents or testimony received; and
WHEREAS, the City Council for the City of Riverbank has made the following findings for adoption:
1. Pursuant to California Government Code Section 65855, the recommendation to City Council shall include the relationship to the applicable general or specific plan. a. The property identified in this action has a General Plan Land Use Designation of Medium-Density Residential (MDR) and is zoned SingleFamily Residential (R-1). The project proposes a Rezone to a new Planned Development (PD) to allow for alternative development standards.
ATTACHMENT 1
CC/LRA- 08/26/2025& 09/09/2025
CC Ordinance 2025-
b. The proposed Rezone to PD will continue the consistency between the General Plan and Zoning Code, pursuant to Government Code Section 65860.
2. Each individual unit of the development can be built in stages, as well as the total development, and can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.
3. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect.
4. Deviations from the standard ordinance requirements is warranted and additional amenities are incorporated in the development which offer certain redeeming features to compensate for any deviations that may be permitted.
5. The principles incorporated in the proposed development identify unique characteristics which could not otherwise be achieved under other zoning districts.
6. The PD Rezone was not initiated by the City, so the findings above are required.
NOW, THEREFORE, THE CITY OF RIVERBANK CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Riverbank approves rezoning 5.83± acres to Planned Development (PD) for property located at 4537 California Avenue, APN: 062- 021-007 to allow for alternative development standards.
Section 2: The City Clerk is hereby directed to cause the Official Zoning Map of the City of Riverbank to be revised to reflect the rezoning approved by this ordinance.
Section 3: Constitutionality, severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4: This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
ATTACHMENT 1
CC/LRA- 08/26/2025& 09/09/2025
CC Ordinance 2025-
The foregoing was introduced at a regular meeting of the City Council of the City of Riverbank held on the 26th day of August 2025; motioned by Councilmember _________________, seconded by Councilmember _________________, and upon roll call was carried by the following vote __.
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ __________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
APPROVED AS TO FORM:
________________________
City Attorney
Exhibit A –Meadowview Planned Development, prepared by Benchmark Engineering, dated March 2025
Prepared By:
March 2025
MEADOWVIEW
Planned Development
Riverbank, CA
Planned Development
For
Meadowview
32 Lot
Single-Family Residential
Subdivision
March 2025
Prepared for:
Cary Pope
3237 Riverside Drive
Riverbank, CA 95367
Prepared by:
Benchmark Engineering, Inc.
4265 Spyres Way, Suite A
Modesto CA 95356
(209) 548-9300
TABLE OF CONTENTS
Section 1: INTRODUCTION ......................................................................................... 1
1.1 Purpose of this Document ..................................................................... 2
1.2 Project Site Location ............................................................................. 2
1.3 Site Setting ........................................................................................... 2
1.4 Existing Conditions ............................................................................... 2 Section 2: LAND USE.................................................................................................. 6
2.1 Existing General Plan ............................................................................ 7
2.2 Residential Land Use and Project Design ................................................ 7
2.3 Population / Housing ............................................................................. 7 Section 3: INFRASTRUCTURE.................................................................................... 12
3.1 Purpose and Intent.............................................................................. 13
3.2 Public Utilities Water........................................................................... 13
3.3 Public Utilities Sewer........................................................................... 13
3.4 Public Utilities Storm........................................................................... 13
3.5 Oakdale Irrigation Line Relocation........................................................ 14 Section 4: CIRCULATION .......................................................................................... 19
4.1 Concept ............................................................................................. 20
4.2 Existing Roadways............................................................................... 20
4.3 Proposed Roadways............................................................................ 20
4.4 Parking ............................................................................................... 20
4.5 Public Transportation .......................................................................... 20
4.6 Street Lighting and Signage .................................................................. 21 Section 5: DESIGN GUIDELINES AND ARCHITECTURE................................................ 26
5.1 Integration with Nearby Neighborhoods ................................................ 27
5.2 Development Standards, Design Guidelines and Architecture................ 27
5.3 Landscaping....................................................................................... 27
5.4 Community Facilities District............................................................... 28
LIST OF EXHIBITS
Section 1: INTRODUCTION
Vicinity Map ........................................................................................3 300’Radius Map ..................................................................................4 Existing Site photos .............................................................................5 Section 2: LAND USE
Lot Layout...........................................................................................8 Existing General Plan / Land Use Classification......................................9 Existing Zoning / Land Use Plan ..........................................................10 Proposed Zoning / Land Use Plan........................................................11 Section 3: INFRASTRUCTURE
Water System Exhibit.........................................................................15 Sewer System Exhibit.........................................................................16 Storm Drain Exhibit............................................................................17 Irrigation Relocation Exhibit................................................................18 Section 4: CIRCULATION
Vehicular Circulation .........................................................................22 Bike / Pedestrian Circulation ..............................................................23 Street Sections ..................................................................................24 Street Light Detail..............................................................................25 Section 5: DESIGN GUIDELINES AND ARCHITECTURE
Development Plan .............................................................................29 Lot coverage plan ..............................................................................30 Conceptual Architectural Renderings and Floor Plans.......................... 31 Conceptual Landscape Plan .............................................................. 47
APPENDICIES
Appendix A: Preliminary Title Report................................................................... 48 Appendix B: Surrounding Property Owners List.................................................... 72 Appendix C: Vesting Tentative Subdivision Map ................................................... 76 1 | Page
SECTION 1
Introduction
2 | Page
Section 1
INTRODUCTION
1.1 Purpose of this Document
This section outlines the purpose of this document to present a Rezone of 5.83 acres at 4537 California Avenue from Single Family Residential (R-1) to a Planned Development (PD). The Planned Development will establish development standards by which the Meadowview project will be constructed. The Planned Development will resolve the inconsistency between the General Plan and Zoning for the subject property. If approved, the Planned Development will supersede the City of Riverbanks Zoning Code as applicable and noted within the application and will provide development standards that specifically apply to the project, providing land use information, amenities, development standards and guidelines for supporting infrastructure, landscape and architecture.
1.2 Project Site Location
The proposed project is a 5.83-acre parcel located on the northwest corner of California Avenue and Snedigar Road.
1.3 Site Setting
The project site is currently a Ranchette with a single-family residence, accessory dwelling unit, a barn and two accessory structures on the southeast corner of the lot. The remainder of the acreage was used as vacant pastureland. The terrain is relatively flat with a slight slope north to south.
1.4 Existing Conditions
The property is bounded on the north, east and south by similar ranchette properties.
Directly to the west is the Bruin Heights single family subdivision.
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SECTION 2
Land Use
7 | Page
Section 2
LAND USE
2.1 Existing and Proposed Zoning
The current General Plan designation for Meadowview is Medium Density Residential (MDR). The proponent is proposing a rezone to Planned Development (PD). The existing Zoning per the City of Riverbank zoning map is Single Family Residential (R-1). The intent of the change from R-1 to PD is to develop the relatively small 5.83 acres in accordance with the design goals of the City of Riverbank General Plan, as well as embrace the surrounding area and offer the community enhanced housing.
The Planned Development (P-D) zoning designation is utilized to facilitate specific development standards and detailed project designs, and to ensure that new neighborhoods are compatible and functional with other nearby developments (existing and future). The project will conform to the ordinances, codes and standards adopted by the City of Riverbank that are not specifically defined in the PD. The PD will establish building architecture, structure setbacks and residential densities. The street improvements will adhere to the City of Riverbank Standard Specifications and or any approved alternative by the City Engineer.
2.2 Residential Land Use and Project Density
The proposed primary land use is single-family detached homes on individual lots.
Residential uses are compatible with the adjacent land uses, properties, and neighborhoods, and will not be detrimental to property, improvements in the neighborhood or to the general welfare of the city and is consistent with the City’s General Plan. The density and configuration of residential uses are similar to the surrounding residential uses and will integrate with the Bruin Heights subdivision directly to the west. The subdivision will have a net density of 8.51 DU/AC per City of Riverbank General Plan Buildout Assumptions less park/basin. To enhance the quality of life for the residents the project proposes a dual use park/storm drain basin.
Area Number
of Lots
Density Lot Square Footage Lot Area
Average
5.02 acres (Gross) 32 6.37 4,472 – 11,830 sf 5,487 sf
3.76 acres(Net) 32 8.51 4,472 – 11,830 sf 5,487 sf
2.3 Population / Housing
The proposed development will help aid the City of Riverbank with their housing element goals of providing adequate housing to meet the needs of its growing and diverse population.
12 Page
SECTION 3
Infrastructure
13 | Page
Section 3
INFRASTRUCTURE
3.1 Purpose and Intent
The development will include sufficient infrastructure to service the project such as potable water, sanitary sewer, and storm drain including a 13,668 sf park/basin. The infrastructure will be designed and constructed in conformance with City of Riverbank standard specifications. The homes are intended to be serviced by electricity only. No gas service is proposed.
3.2 Water System
Water for residential service and fire protection will be provided by the City of Riverbank in accordance with the City’s Water Master Plan. The project will connect to an existing 12” water line in California Avenue stubbed from the Bruin Heights subdivision to the west and extend along the project frontage of California Avenue to Snedigar Road. A 12” water line will also extend north on Snedigar Road along the project frontage. An 8” water line will be installed to serve the development through the internal street network and loop from California Avenue to Snedigar Road.
3.3 Sewer System
The project will connect to an existing 18” sewer line in California Avenue stubbed from Bruin Heights subdivision to the west and extend along the project frontage of California Avenue to Snedigar Road. At the intersection of California and Snedigar 18” or 12” stubs will be provided to the north and east for future connections. An 8” or 6” sewer line will service interior lots.
3.4 Storm Drain System
This project is part of the South Bruinville storm drain system, which will have a regional storm drain basin, pump stations, and outfall improvements for the entire tributary area.
The Master Plan improvements may not be implemented for several years. As a temporary measure, the stormwater runoff for the project will be managed through retention and percolation dual use park/basin. This temporary solution may ultimately function as a permanent one, so the storage facility will be designed in compliance with City of Riverbank standards and specifications, incorporating all necessary safety factors.
Stormwater will be collected in a network of gravity pipelines and discharge into the retention basin with a subsurface horizontal (French) drain system if needed. The basin design strategically placed to manager run-off, is sized to handle the stormwater runoff from the project site, including the proposed frontage improvements along California Avenue and Snedigar Road, but does not have additional capacity for future projects in the surrounding area.
14 | Page
3.5 Oakdale Irrigation Line Relocation
The proposed project is located within the Oakdale Irrigation District. Common in former agricultural sites, an existing irrigation easement runs through the project site approximately 100’ south of the north property line and continues through the Bruin Heights Subdivision within the easement is a pipeline known as the “Riverbank Drain”. The project will cut-off the existing irrigation line connection at Bruni Heights Subdivision and re-route a new 24” 100 PSI PIP PVC irrigation line through the project and tie into an existing 30” irrigation line in California Avenue stubbed from Bruin Heights.
19 | Page
SECTION 4
Circulation
20 | Page
Section 4
CIRCULATION
4.1 Concept
An objective of this Planned Development is to provide for safe and efficient movement of motorists, pedestrians, and bicycles both within the project and to the greater Riverbank area. A hierarchy of roadways classified in the City’s 2025 General Plan include designated Collector Roadways California Avenue and Snedigar Road along with local streets ensure smooth traffic flow. The collector street cross-section is design to promote walkability and accessibility throughout the subdivision with a separated sidewalk with a landscape park strip adjacent to the curb and gutter for safe walking space. Sidewalks within the subdivision are adjacent to drive-over curb and gutter.
4.2 Existing Roadways
The project is located adjacent to collector roadways California Avenue and Snedigar Road. Primary access to the project will be from California Ave to the south, and Snedigar Road to the east.
4.3 Proposed Roadways
The circulation of this project will include 56-foot wide curb-to-curb drive including onstreet parking with rolled curb and gutter, and an adjacent 5-foot sidewalk. Any and all landscaping along the street frontage will occur behind the proposed sidewalk, including all street trees. Trees planted shall provide cover and shade for pedestrians as well as be visually pleasing. The wider streets and sidewalks enhance safety for pedestrians and bicyclists who share the right-of-way.
4.4 Parking
Four off-street parking spaces per lot will be provided by way of 2 garage and 2 driveway spots.
4.5 Public Transportation
A limited amount of public transportation currently is available in Riverbank. Additional routes and buses will be made available as demand unfolds.
26 | Page
SECTION 5
Design Guidelines
and Architecture
27 | Page
Section 5
DESIGN GUIDELINES AND ARCHITECTURE
5.1 Integration with Nearby Neighborhoods
The developing subdivision is designed to seamlessly integrate with the surrounding neighborhood, ensuring a smooth transition between existing and new developments.
Thoughtful planning will be implemented to align with the architectural style, scale, and character of neighboring properties, preserving the area's overall aesthetic. Streetscapes, green spaces, and pedestrian pathways are strategically placed to connect the subdivision with the broader community, encouraging interaction and accessibility. This careful design approach fosters a sense of continuity and belonging, making the new development feel like a natural extension of the established neighborhood to the west rather than a disconnected or isolated addition.
5.2 Building Design
The design of the subdivision will be carefully crafted to conform to the standards and regulations set forth by the City of Riverbank, ensuring compliance with all relevant zoning, infrastructure, and environmental requirements. Each aspect of the development, from street layouts and lot sizes to landscaping and drainage systems, will be meticulously planned to align with the City's guidelines, promoting safety, functionality, and aesthetic appeal. The project incorporates best practices for sustainability, traffic flow, and community engagement, while adhering to the City's vision for growth and development.
By following these established standards, the subdivision aims to enhance the surrounding area, providing a well-integrated and harmonious living environment that supports the City's long-term planning goals.
5.3 Landscaping
The landscape components within the project consist of park strip landscaping on California Avenue and Snedigar Road, street trees and a dual use park/basin. The park strips feature ground cover, grass and trees. Street trees will be planted per City of Riverbank standard spacing and installed with root reflectors and deep watering devices to prevent sidewalk and road damage. The dual use park/basin will provide sod or native grasses, ground cover, scattered trees and shrubbery.
28 | Page
DEVELOPMENT STANDARDS
Permitted Uses: Uses allowed under the R-2 Zoning District Density: 8-16 dwelling units per acre (per MDR – General Plan Designation)
Setbacks: Front to Dwelling: 15 feet
Front to Garage Opening: 20 feet
Side Yard: 5 feet
Side Yard Corner Lot: 10-feet
Rear: 10-feet
Detached Accessory Bldgs: 6 feet from any other buildings Existing House on Lot 32: 10’ front and side to existing dwelling.
Minimum Lot Size: Interior Lot: 4500 sq. ft.
Corner Lot: 5,000 sq. ft.
Minimum Lot Width: Interior Lot: 45’ (measured at bldg. setback Corner Lot: 50’
Lot Coverage: No more than 55% of the lot may be covered by buildings Height Limit: Dwellings and other main buildings, including accessory dwelling units – 35’
Accessory Buildings – 15 feet
Architecture: Architecture and Site Plan review (ASPR) per Section 153.217 is required prior to construction of any new
dwelling(s) in order to ensure an attractive development Off-Street Parking: As required in section 153.184
Landscaping: No more than 50% of a residential front yard shall be paved and no more than 50% of a rear yard shall be paved. An
interior side yard may be paved if a minimum of one foot is left unpaved along the side property line.
Sign & Lighting: Per the requirements of the Riverbank Municipal Code
5.4 Community Facilities District
The proposed project will need to annex into the City of Riverbank's existing Community Facilities District (CFD) to support the general maintenance of public facilities, including but not limited to streets, landscaping, lighting, and open space lots. The development includes one non-residential open space lot, with Lot A functioning as a neighborhood park and retention basin. Lot A will be owned and maintained by the City of Riverbank and incorporated into the City's current CFD Citywide.
30 | Page
LOT
NUMBER
LOT
SQUARE FOOTAGE
HOUSE PLANS
NUMBER
HOUSE PLANS
SQUARE FOOTAGE
% LOT
COVERAGE
1 5448 1466 2,075 38.09%
2 4500 1562 2129 47.31%
3 4500 1758 2333 51.84%
4 4500 1770 2340 52.00%
5 4472 1562 2129 47.61%
6 5546 1466 2075 37.41%
7 9445 2118 2711 28.70%
8 5940 1742 2416 40.67%
9 4500 1466 2075 46.11%
10 5000 1868 2470 49.40%
11 4500 1758 2333 51.84%
12 4500 1562 2129 47.31%
13 5000 2118 2711 54.22%
14 4500 1770 2340 52.00%
15 4500 1758 2333 51.84%
16 5000 2105 2704 54.08%
17 5701 1742 2416 42.38%
18 7251 2118 2711 37.39%
19 6601 1868 2470 37.42%
20 5941 1562 2129 35.84%
21 5941 1758 2333 39.27%
22 6602 2105 2704 40.96%
23 5942 1770 2340 39.38%
24 5541 2105 2704 48.80%
25 5000 1868 2470 49.40%
26 4500 1466 2075 46.11%
27 4500 1758 2333 51.84%
28 5000 2118 2711 54.22%
29 4500 1770 2340 52.00%
30 4500 1562 2129 47.31%
31 10643 0.00%
LOT COVERAGE SUMMARY
MEADOWVIEW
RIVERBANK, CALIFORNIA
FOR
The Violet
1466 SQUARE FEET
3 BEDROOM | 2 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Lotus
1562 SQUARE FEET
3 BEDROOM | 3 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Dandelion
1742 SQUARE FEET
3 BEDROOM | 2 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Blossom
1758 SQUARE FEET
4 BEDROOM | 3 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Iris
1770 SQUARE FEET
4 BEDROOM | 2.5 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Dhalia
1868 SQUARE FEET
3 BEDROOM | 3 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Sunflower
2105 SQUARE FEET
4 BEDROOM | 2.5 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
The Rose
2118 SQUARE FEET
4 BEDROOM | 3 BATH
GREAT ROOM
2-CAR GARAGE
ELEVATION A
ELEVATION B
ELEVATION C
LAG TUS
15 gal
2 PIS KD
24" box
3 PIS KD
24" box
2 GEI PAR
15 gal
6 25' O.C.
40' O.C.
40' O.C.
18' O.C.
Project
Location
Location Map Not to scale
0' 8' 16' 32'
www.kla-ca.com
Date
Modification
By
STATE OF CALIFORNIA
LICENSED LANDSCAPE ARCHITECT
Renewal Date Date
Signature THOMAS W. HOLLOWAY #3589
151 N. Norlin St., Sonora, CA 95370
(209)532-2856
The original size of this drawing is 24" x 36". If the plan is a different size than 24x36 do not scale off of the drawing.
These plans are the property of KLA, Inc.; their use shall be restricted to the site for which they were prepared. Publication or other uses of these plans in whole or in part is not permitted without the express consent of KLA, Inc. Visual contact with these plans implies acceptance of the above restrictions.
Riverbank, CA
Meadowview
Basin
4265 Spyres Way Suite A
Modesto, CA 95356
(209)548-9300
Benchmark
Engineering
Scale:
Date:
Drawn / Checked:
Project No:
Sheet Number:
Conceptual
Landscape Plan
L0.1
26 27
23 2
3 4
5 6
Lot 'A'
Basin Park
24 25
Key Map Not to scale
The landscape design concept for the mini-park basin at Meadowview is to provide an enjoyable and aesthetic space for residents that fits within the landscape framework of the neighborhood and the surrounding area, as well as the requirements of the City. The design is intended to provide for light recreation with lawn areas for resident's use. The proposed non-lawn planting has been designed to be low water use, easy to maintain, and durable.. Plant material has been selected that performs well in the special conditions of the San Joaquin Valley (Sunset Zone #8/#14).
Lawn areas are provided for recreation. The remainder of the landscape consists of low water-use hardy trees, shrubs, ornamental grasses, and groundcover. The landscape (and associated irrigation) has been designed to be compliant with City of Riverbank's Water Efficient Landscape Ordinance (WELO).
Special considerations have been provided in selection of plant material that respect the needs of the mini-park / open space as well as the residents. Clear and secure view corridors have been provided to ensure safety of the users entering and moving around the site.
Landscape Concept
Irrigation
The entire site will be irrigated using a fully automatic system and designed to meet the City's Water Efficient Landscape Ordinance (WELO). The irrigation system will be low-volume spot drip emitters/bubblers for the shrub and groundcover areas and pop-up sprays and/or rotators for the area. The system will include in-line valves, quick couplers, and gate valves. New irrigation controller will be Hunter, Rainbird, Irritrol, or equal and will meet the WELO requirements of a 'Smart' controller. A complete irrigation design with these parameters will be provided with the improvement plans.
Plant Photos
Trees
CODE BOTANICAL NAME COMMON NAME CONT QTY WATER USE
TREES
GEI PAR Geijera parviflora Australian Willow 15 gal 6 Low LAG TUS Lagerstroemia indica x fauriei 'Tuscarora' Tuscarora Crape Myrtle 15 gal 2 Low PIS KD Pistacia chinensis 'Keith Davey' Keith Davey Chinese Pistache 24" box 5 Low
SYMBOL CODE BOTANICAL NAME COMMON NAME SIZE QTY WATER USE SHRUBS
CUP TOT Cupressus sempervirens 'Totem' Totem Italian Cypress 5 gal 9 Low DIA CB Dianella caerulea 'Cassa Blue' Flax Lily 5 gal 61 Low ERE VAL Eremophila maculata 'Valentine' Valentine Spotted Emu Bush 5 gal 17 Low OLE LO Olea europaea 'Little Ollie' Little Ollie® Olive 5 gal 8 Low
SYMBOL CODE BOTANICAL NAME COMMON NAME CONT SPACING QTY WATER USE
GROUND COVERS
AGA QA Agapanthus africanus 'Queen Anne' Queen Anne African Lily 1 gal 28" o.c. 44 Low BAC TP Baccharis pilularis 'Twin Peaks #2' Twin Peaks #2 Coyote Brush 1 gal 42" o.c. 63 Low
SOD/SEED
TUR BOL Turf Sod Bolero Plus Fescue blend Sod 15,247 sf High
PLANT SCHEDULE
Geijera parviflora
Misc. Landscape Materials
All shrub and groundcover areas shall be top-dressed with a 3" layer of mulch derived from recycled wood chips or arbor chips from tree trimming. Mulch shall be 2" minus in length and not greater than 3/8" in thickness, and shall be dark brown in color. Contractor shall provide sample for approval prior to installation.
Shredded redwood or cedar bark ("Gorilla-Hair") is not acceptable. Mulch in storm treatment planter to be 3" layer of 1/4"-1/2" pea gravel.
This plan represents the design style and theme of the landscape design and planting. These plans are preliminary and may change through the design process.
The final planting plan may not contain all of the above plants in the sizes as shown. Additionally some new plant species may be used in the final design. This plan does however indicate the quantity of trees and the overall level of landscape development that will be carried through with the final design.
Final landscape design shall meet City of Riverbank codes and requirements as well as Project Specific Conditions of Approval. Final design is subject to approval through the building permit review process.
Lagerstroemia indica x fauriei
'Tuscarora'
Pistacia chinensis 'Keith Davey'
Shrubs
Cupressus sempervirens 'Totem' Dianella caerulea 'Cassa Blue' Eremophila maculata 'Valentine' Olea europaea 'Little Ollie' Groundcover
Agapanthus africanus
'Queen Anne'
Baccharis pilularis 'Twin
Peaks #2'
Snedigar Road
California Ave.
1 2
3 4
5 6
7 8 9 10 11 12 13 14 15 16 17
23 22 21 20 19 18
24 25 26 27 28 29 30 31
Basin Park
Narrow upright shrubs at rhythmic
placement along the fence
Grass-like pants in narrow strip
between the maintenance access and
the fence
Wood lot-line fence
Aggregate maintenance access drive
6" wide concrete mow curbs (typical)
Evergreen low groundcover
Evergreen buffer/screen trees at 25'
on center along the fence within the
slope easement
4'-6' tall evergreen shrubs along the
fence
10' wide slope easement between the
Low flowering accent plants fence and maintenance access drive Grass-like plants
Evergreen buffer/screen trees at 25'
on center along the fence within the
slope easement
Aggregate maintenance access drive
6" wide concrete mow curbs (typical)
5' wide concrete sidewalk contiguous
with the back of curb
Spreading deciduous street trees with
root barriers - 40' on center
Small planter with 6" wide concrete
curb - With low flowering accent
plants and grass-like plants - Possible
location for park sign
Small flowering accent trees
5' wide concrete sidewalk contiguous
with the back of curb
Spreading deciduous street trees with
root barriers - 40' on center
Low flowering
accent plants
Grass-like plants
Lawn covered basin with Bonsai Dwarf
Fescue and pop-up rotator or gear
rotor irrigation - Light recreation
Location for irrigation water meter and
point-of-connection equipment - Also
location for pedestal controller and
electrical service
Aggregate
Aggregate
Lawn:
Shrub Groundcover Area:
Aggregate Maintenance Access
6" wide Concrete Mow Curb
Total Landscape:
15,247 sf 72.1%
2,120 sf 10.0%
3,496 sf 16.5%
282 sf 1.3%
564 linear feet
21,145 sf 100%
Landscape Areas
48 | Page
APPENDIX A
Title Report
ORDER NO. : 1614028895
EXHIBIT A
The land referred to is situated in the County of Stanislaus, City of Riverbank, State of California, and is described as follows:
PARCEL ONE:
The South 100 feet of Lot 298 of Riverbank Irrigated Farms, as per Map thereof recorded January 15, 1913 in Book 7, of Maps, Page 23, Stanislaus County Records.
PARCEL TWO:
Lot 308 of Riverbank Irrigated Farms, as per Map thereof recorded January 15, 1913, in Book 7, of Maps, Page 23, Stanislaus County Records.
APN: 062-021-007-000
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
ORT 3158-A (Rev. 08/07/08)
1601 I Street, Suite 150
Modesto, CA 95354
(209) 544-1823 Fax: (209) 544-9549
PRELIMINARY REPORT
FIRST UPDATED REPORT
Our Order Number 1614028895-JO
When Replying Please Contact:
Joanne Maynard
[email protected]
(209) 544-1823
RE/MAX EXECUTIVE
220 Standiford Ave Sutie E
Modesto, CA 95350
Attention: FRED MILLER
Buyer:
CARY POPE
Property Address:
4537 California Avenue, Riverbank, CA 95367
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner’s Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of March 7, 2025, at 7:30 AM
OLD REPUBLIC TITLE COMPANY
ORDER NO. 1614028895-JO
FIRST UPDATED REPORT
ORT 3158-B
The form of policy of title insurance contemplated by this report is:
ALTA Homeowner's Policy of Title Insurance - 2021. A specific request should be made if another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred or covered by this Report is:
Fee
Title to said estate or interest at the date hereof is vested in:
Rundi J. Johnson, Successor Trustee of Cole 2006 revocable Trust dated June 29, 2003 The land referred to in this Report is situated in the County of Stanislaus, City of Riverbank, State of California, and is described as follows:
PARCEL ONE:
The South 100 feet of Lot 298 of Riverbank Irrigated Farms, as per Map thereof recorded January 15, 1913 in Book 7, of Maps, Page 23, Stanislaus County Records.
PARCEL TWO:
Lot 308 of Riverbank Irrigated Farms, as per Map thereof recorded January 15, 1913, in Book 7, of Maps, Page 23, Stanislaus County Records.
APN: 062-021-007-000
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:
1. Taxes and assessments, general and special, for the fiscal year 2025 - 2026, a lien, but not yet due or payable.
2. Taxes and assessments, general and special, for the fiscal year 2024 - 2025, as follows:
Assessor's Parcel No : 062-021-007-000
Code No. : 006-068
1st Installment : $857.05 Marked Paid
2nd Installment : $857.05 Marked Paid
Land Value : $46,390.00
Imp. Value : $75,575.00
OLD REPUBLIC TITLE COMPANY
ORDER NO. 1614028895-JO
FIRST UPDATED REPORT