Agenda, closed session, third session — City Council / Local Redevelopment Authority / Public Financing Authority, October 14, 2025 (part 1 of 3)

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

AMENDED AGENDA
(ADDED ITEM 12.1)
TUESDAY, OCTOBER 14, 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 Presentation – Code Enforcement Officer Appreciation Week-It is recommended that City Council read the proclamation for Code Enforcement Officer Appreciation week.

Item 7.2 Presentation – Sister Cities International Day- It is recommended that the City Council read and present the proclamation declaring October 14, 2025, as Sister Cities International Day to the Riverbank Sister Cities Committee.

Item 7.3 Presentation – BEAM Circular- It is recommended that the City Council receive a presentation from BEAM Circular regarding the programs and initiatives they have undertaken within Stanislaus County.

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.

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 October 14, 2025 Next City Council Resolution: 2025-102 Next Ordinance: 2025-004 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
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.

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

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for September 23, 2025.

Item 9.3 Resolution Authorizing an Application for Grant Funding from the San Joaquin Valley Air Pollution Control District (SJVAPCD) to Purchase a 2025 Hisun Sector E1 Electric UTV.

Item 9.4 Resolution Authorizing the City Manager to Execute a Contract (MOU) with the Stanislaus Council of Governments (StanCOG) for the Suballocation of Regional Early Action Planning (REAP 2.0) Funds.

Item 9.5 Resolution to Approve a Subdivision Improvement Agreement for the River’s Edge Subdivision with LGI Homes - California, LLC and Authorizing the City Manager to Execute the Agreement.

Item 9.6 Resolution to Approve a Final Map for the River’s Edge Subdivision – APNS: 062-020-037, -038, & 062-020-040.

10. PUBLIC HEARING
No Public Notice is required for item 10.1 to be published.

Item 10.1 Appeal Hearing for a City Issued Code Violation of Fireworks Section

92.30 (B) – Use, Possession, Discharge of Illegal Fireworks- It is recommended that the City Council consider the appeal request and any oral or written evidence presented by the Appellant and by the City to determine whether to uphold or dismiss the related Administrative Citation issued by the City for violation of the Riverbank Municipal Code.

11. NEW BUSINESS
Item 11.1 Consideration of a Resolution Approving the Memorandum of Understanding between the City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit-It is recommended that the City Council adopt a Resolution approving the Memorandum of Understanding between the City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit and provide direction regarding the Union’s request to apply the first Cost of Living Adjustment (COLA) retroactively to the pay period beginning September 19, 2025. While staff City Council and LRA Board Meetings Agenda October 14, 2025 Next City Council Resolution: 2025-102 Next Ordinance: 2025-004 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
remains neutral on this request, it is important to note that had the MOU language updates not been completed, the MOU could have been presented at the September 23rd meeting; however, the provision allowing for a vacation cash-out in the first year of the contract would not have been included. Council may wish to weigh the Union’s request for reciprocity on the COLA effective date against the benefit already extended to employees by allowing vacation cash-out in the current fiscal year.

Item 11.2 A Resolution to Approve a Contract Change Order for 90% Design for the Regional Recycled Water Project – Phase I to Brown and Caldwell, and Authorize a Budget Appropriation in the amount of $3,686,000.00 from the Sewer Fund 106- It is recommended that the City Council award the contract change order for preparation of the 60% design for the Riverbank Regional Recycled Water Project – Phase I to Brown and Caldwell, authorize the City Manager to execute a contract with said firm in the amount of $3,510,436.00, authorize a contingency amount of $175,564.00 (approximately 5%), and authorize a budget appropriation of $3,686,000.00 from Sewer Fund 106 for said contract.

Item 11.3 A Resolution to Award a Contract for the 90% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $260,337.00 from the Sewer Fund 106 for FY 2025/2026- It is recommended that the City Council award the contract for ongoing program management for the 90% design phase and permitting support for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc. (KSN), authorize the City Manager to execute a contract with said firm in the amount of $226,380.00, authorize a contingency amount of $33,957.00 (approximately 15%), and authorize a budget appropriation of $260,337.00 from the Wastewater Enterprise Fund (Fund 106) for FY 2025/2026.

Item 11.4 A Resolution Approving Contracts with Aqua-Aerobic Systems, Inc., Andritz Separation Technologies, Inc., and Trojan UV for Pre-selection of Major Equipment for the Riverbank Regional Recycled Water Project- City staff recommends consideration of Resolution No. 2025-XXX approving the pre-selection of Major Equipment Suppliers for the Riverbank Regional Recycled Water Project. Suppliers include Aqua-Aerobic Systems, Inc. supplying cloth media filters, Andritz Separation Technologies Inc. supplying solids handling equipment, and Trojan UV supplying the UV disinfection system. It is recommended to authorize the City Manager to execute contracts with each of these entities and authorize a budget appropriation in the amount of 5% of the material procurement costs for a total of $129,240.00, from the Wastewater Enterprise Fund 106 for said contracts.

City Council and LRA Board Meetings Agenda October 14, 2025 Next City Council Resolution: 2025-102 Next Ordinance: 2025-004 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

12. COUNCIL REFERRALS
Item 12.1 Social Media-It is recommended that the City Council receive a presentation from Councilmember District 2, Luis Uribe, regarding Social Media.

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

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

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

14. CLOSED SESSION
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 Mid-Management Employee Association.

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 Mid-Management Employee Association.

16. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, October 28, 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 9
th Day of October 2025 /s/Gabriela Hernandez, CMC, City Clerk City Council and LRA Board Meetings Agenda October 14, 2025 Next City Council Resolution: 2025-102 Next Ordinance: 2025-004 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

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PUBLIC “LIVE” VIEWING
• Government Channel: Charter– 2 -NOT AVAILABLE AT THIS TIME • YouTube Live – City of Riverbank
• Via ZOOM Platform (See instructions below)

SUBMITTING PUBLIC COMMENTS FOR THE RECORD

Written comments must be received before 5:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 pm, please call the City Clerk’s Office at (209) 863-7198 or the Administration Dept. at (209) 863-7122.

ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 5:00 PM DEADLINE ● Via Mail Service: Mail comments to City of Riverbank, Attn. City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.)
● Via Email: Mail to [email protected] (Note: This technology is not a guaranteed method.)
• Indicate Agenda Item # in the subject line. (Call 209-863-7198 /209-863-7122 to ensure receipt)
● Oral Comments In-Person: The Mayor will ask the public if anyone wishes to comment, at that time you may approach the podium.
● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) o Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.

Teleconference Phone Number (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call. Thank you

JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/89443415826 Join by accessing website: https://zoom.us/join , enter Webinar ID: 894 4341 5826 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 894 4341 5826 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT

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Item 7.1– CC/LRA- 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: October 14, 2025
Subject: Presentation – Code Enforcement Officer Appreciation Week From: Marisela H. Garcia, City Manager
Submitted by: Claudia Edwards, Administrative Assistant Intern

RECOMMENDATION
It is recommended that City Council read the proclamation for Code Enforcement Officer Appreciation week.

SUMMARY:

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

FINANCIAL IMPACT:

No financial impact.

ATTACHMENT:

1. Proclamation

CITY OF RIVERBANK
Proclamation

NATIONAL CODE ENFORCEMENT OFFICER

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

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Riverbank hereby proclaims the second week of October in 2025, and annually thereafter, be known as Code Enforcement Officer Appreciation Week in the City of Riverbank.

October 14, 2025
__________________________
Rachel Hernandez, Mayor

RIVERBANK CITY COUNCIL
District 1 – Luis Uribe, District 3 – John Pimentel, District 4 – Stacy Call, Vice Mayor District 2 – Cindy Fosi, Mayor Rachel Hernandez ATTACHMENT 1

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Item 7.2– CC/LRA 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: October 14, 2025
Subject: Presentation – Sister Cities International Day From: Marisela H. Garcia, City Manager
Submitted by: Claudia Edwards, Administrative Assistant Intern

RECOMMENDATION
It is recommended that the City Council read and present the proclamation declaring October 14, 2025, as Sister Cities International Day to the Riverbank Sister Cities Committee.

SUMMARY:

The City of Riverbank currently maintains sister city relationships with Tamazula, Jalisco, Mexico, and Fuyang, China, reflecting a commitment to international friendship, cultural exchange, and global cooperation. Recognizing this observance highlights the importance of these partnerships and encourages further community engagement in international diplomacy and cultural understanding.

BACKGROUND:

Sister Cities International was founded in 1956 by President Dwight D. Eisenhower to foster peace and mutual respect through person-to-person diplomacy. Over the decades, thousands of U.S. cities have joined the initiative, building global connections that span culture, education, business, and government.

The City of Riverbank has formally established sister city partnerships with Tamazula, Jalisco, Mexico and Fuyang, China. These relationships are a source of pride and offer numerous benefits, including:
• Opportunities for student and cultural exchange programs. • Economic and tourism development initiatives.
• Cross-cultural learning and global awareness.
• Community-based diplomacy and international goodwill.

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Item 7.2– CC/LRA 10/14/2025
Celebrating Sister Cities International Day provides an opportunity to reflect on and reinvigorate these relationships, as well as to educate the broader community on Riverbank’s role in fostering global cooperation.

FINANCIAL IMPACT:

No financial impact.

ATTACHMENT:

1. Proclamation

CITY OF RIVERBANK
Proclamation

SISTER CITIES INTERNATIONAL DAY
WHEREAS, Sister Cities International was established on September 11, 1956, as a presidential initiative by President Dwight D. Eisenhower at the White House Conference on Citizen Diplomacy, aimed at fostering community-led global relationships to enhance cultural understanding and reduce the risk of international conflicts; and
WHEREAS, Sister Cities International Day offers an opportunity to recognize the profound impact this organization has had in building bridges between nations, cities, and communities worldwide, promoting mutual respect and world peace; and
WHEREAS, October 14, the birthday of President Dwight D. Eisenhower, is a fitting occasion to celebrate the birth of the modern sister cities movement; and WHEREAS, Sister Cities International now boasts 400-member cities, counties, and states, forming relationships with 1,800 communities across 138 countries on six continents; and WHEREAS, in recent years, Sister Cities International has convened bilateral and regional summits to enhance and expand sister city relationships in diverse regions including Ireland, Mexico, Russia, China, and across Africa and the Americas; and
WHEREAS, The City of Riverbank proudly participates in this global network, maintaining sister city partnerships with Tamazula, Jalisco, Mexico and Fuyang, China; and WHEREAS, these sister city relationships support educational, economic, cultural, municipal, and humanitarian exchanges that are mutually beneficial for all communities involved; and WHEREAS, Sister Cities International Day serves as a call to action for the residents of Riverbank and people around the world to continue their commitment to fostering a more peaceful and prosperous future through people-to-people exchanges; and WHEREAS, this day also highlights the power of united communities in promoting peace, progress, and prosperity globally; and
WHEREAS, the Riverbank Sister Cities Committee has held events and fundraisers in an effort to promote understanding and build relationships among individuals, communities, and cities of the world through cultural, economic, educational, and humanitarian activities.

NOW, THEREFORE, BE IT RESOLVED, That the City Council declares October 14, 2025, as Sister Cities International Day in the City of Riverbank.

October 14, 2025 _____________________________
Rachel Hernandez, Mayor
Riverbank City Council:

District 1 – Luis Uribe, District 3 – John Pimentel, District 4 – Stacy Call, Vice Mayor District 2 – Cindy Fosi, Mayor Rachel Hernandez ATTACHMENT 1

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Item 7.3– CC/LRA – 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.3
SECTION 7: PRESENTATIONS
Meeting Date: October 14, 2025
Subject: Presentation – BEAM Circular
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council receive a presentation from BEAM Circular regarding the programs and initiatives they have undertaken within Stanislaus County.

SUMMARY
BEAM Circular is working to unlock the power of communities to transform waste into economic prosperity and environmental solutions. They believe that every person should have access to a good job, clean air and water, and a thriving community.

They work as an “action tank” to accelerate new solutions through a portfolio of publicprivate projects, collaborative programs, and targeted investments that scale transformative innovations in industrial biomanufacturing. Their initiatives are designed to build a vibrant regional ecosystem for the circular bioeconomy in California’s agricultural heartland, anchored in the North San Joaquin Valley.
“BEAM” stands for BioEconomy, Agriculture, & Manufacturing — reflecting the industry intersections where they focus their work. “Circular” represents our dedication to enabling solutions that reduce and repurpose waste, stewarding our natural resources and supporting healthy communities.

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

ATTACHMENTS
None.

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Item 9.1– CC/LRA-10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.2 – CC/LRA -10/14//2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for September 23, 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 September 23, 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 September 23, 2025.

Exhibit A: Public Comment -Resident Handout Amal Choeb
Exhibit B: Written Public Comment – Resident Maricris Garaza

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CC / LRA Minutes – 09/23/2025
TUESDAY, SEPTEMBER 23, 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 – No 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

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CC / LRA Minutes – 09/23/2025

7. PRESENTATIONS (Informational only)
Item 7.1 Pacific Gas & Electric (PG&E) Programs-It is recommended that the City Council receive a presentation by Nathan Alonzo, PG&E Local Government Affairs Representative for the Central Valley.

PG&E Local Government Affairs Representative, Nathan Alonzo, gave a PowerPoint presentation on the programs and services available to the community from PG&E.

Item 7.2 Presentation – SRD Youth Engagement Study– Presentation by Kate Trompetter, Project Resolve. - It is recommended that the City Council receive a presentation from Kate Trompetter who facilitates Project Resolve on the results of her latest youth engagement study with Riverbank students.

Kate Trompetter, with Project Resolve, gave a PowerPoint presentation on the results from her latest youth engagement study with Riverbank students.

Item 7.3 Presentation- Cheese and Wine Festival Update- It is recommended that the City Council receive a presentation for the Director of Parks and Recreation regarding updates to the Cheese and Wine Festival 2025 Director of Parks & Recreation Michael Patton gave a PowerPoint presentation on updates for the upcoming Cheese & Wine Festival.

Mayor Hernandez opened the Public Comment Period at 7:05 P.M.

Diego Hernandez, Riverbank resident to urge Council to stop investing in the WWTP until they have solid numbers.

Kent Mitchell, Riverbank resident and Political Chair for Stanislaus County Sierra Club to express their opposition to the River Walk project.

Michael Christie, Riverbank resident spoke on community related needs and events.

Amal Choeb, Riverbank resident spoke on the California Homelessness Crisis (see Exhibit A).

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CC / LRA Minutes – 09/23/2025
Jami Aggers, Stanislaus County resident, expressed her concerns with the proposed River Walk project.

Mayor Hernandez closed the Public Comment Period at 7:19 P.M.

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

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for September 9, 2025.

Item 9.3 Acceptance of the Patterson Road Overlay Project between Claus Road and Snedigar Road and Authorization to File a Notice of Completion.

Item 9.4 Resolution 2025-099 Declaring Certain Property Surplus as Listed in Exhibit A and Authorizing Its Disposition.

Item 9.5 Resolution 2025-100 Approving a Memorandum of Understanding (MOU) with Cambridge Academies for the Operation of Sierra House Transitional Housing Facility and Day Use Facility.

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 Consent Calendar as presented.

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

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

10. PUBLIC HEARING
No Items Scheduled.

11. NEW BUSINESS
Item 11.1 Resolution Approving an Agreement with CivicPlus for Agenda and Meeting Management Software-It is recommended that the City Council authorize the City Manager to enter into an agreement with CivicPlus for the purchase and implementation of the Agenda and Meeting Management

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CC / LRA Minutes – 09/23/2025
(AMM) Select Pro Premium package, in the amount of $10,200 for the first year with an ongoing annual fee of $6,300 (subject to a 5% annual uplift beginning in year two).

City Clerk Hernandez gave a comprehensive staff report and power point presentation on the CivicPlus Agenda and Meeting Management Software.

City Council discussed item with staff.

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

ACTION: By motion moved and seconded (Fosi / Hernandez 5/0) to approve Resolution 2025-101 authorizing the City Manager to enter into an agreement with CivicPlus for the purchase of the Agenda & Meeting Management Software.

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

AYES: Uribe, Pimentel, Call, Fosi and Mayor Hernandez
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Consideration of the Termination of the Opportunity Stanislaus Memorandum of Understanding- By Minute Order, City Council to consider termination of the current Memorandum of Understanding between the City of Riverbank and Opportunity Stanislaus City Manager Garcia gave a comprehensive staff report on the current Memorandum of understating between Opportunity Stanislaus and the City.

City Council discussed item with staff.

Dave White, Opportunity Stanislaus spoke on Item 11.2.

Josh Mann, Director of Community Development, spoke on Item 11.2.

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

ACTION: By motion moved and seconded (Hernandez / Uribe 4/1) to continue with the MOU with Amendments.

Motion carried by vote of 4/1 City Council and LRA Board roll call vote:

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

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CC / LRA Minutes – 09/23/2025

12. COUNCIL REFERRALS
Item 12.1 Turf Replacement Program- It is recommended that the City Council receive a presentation from Vice Mayor Cindy Fosi, regarding amendments to the Turf Replacement Program Guidelines.

Vice Mayor Fosi, gave a PowerPoint presentation on the Turf Replacement Program and her proposed amendments to the guidelines.

City Council Discussed item.

Direction provided to staff.

Item 12.2 Speed Hump Policy- It is recommended that the City Council receive a presentation from Councilmember District 2, Luis Uribe, regarding a Speed Hump Policy.

Councilmember Uribe gave a comprehensive report on his proposed Speed Hump Policy.

City Council discussed item.

Cody Bridgewater, Director of Public Works provided some information on Item 12.2.

Diego Hernandez, Riverbank resident provided suggestions on Item 12.2.

Direction provided to staff.

Item 12.3 Riverbank Police Services Staffing Request- It is recommended that the City Council receive a presentation from Councilmember District 4, Stacy Call, regarding staffing requests for Riverbank Police Services.

Councilmember Call gave a PowerPoint presentation on her proposed staffing request for Riverbank Police Services.

City Council discussed item.

Michael Christi, Riverbank resident express his support towards Item 12.3.

Maricris Garaza, Riverbank resident, provided written comment (see Exhibit B).

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.

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CC / LRA Minutes – 09/23/2025
Item 13.1 Staff
City Manager Garcia:
• Parks and Recreation is bringing back the floating pumpkin patch this year.

Come pick up your pumpkin straight from the pool, snap some fun photos and create some lasting memories. So, for just $15 per person, you can enjoy the pumpkins, the build your own caramel apple bar, fall crafts, lawn games, and swimming's. All of that is included. The event is happening this Saturday the 27th from Noon to 4:00 p.m.
• Roselle Avenue as many of you have heard, today is scheduled to be closed to through traffic between Claribel and Plainview Road starting Friday, October 3rd for the North County Corridor project. The closure is anticipated to be up for one year, and detours will be in place. Additional information regarding the project and the road closures can be found at North County Corridor Phase1 and that's the number 1.com under the construction's tab.
• Last week I attended the Stanislaus Community System of Care, which is known as the CSOC meeting. The CSOC oversees the allocation of homeless housing assistance and prevention, or HHAP program funds that are supposed to assist in the creation of permanent housing, provide rental assistance, supportive services and operations for homeless shelters. The State has made a change to the way in which they disperse these funds, and now requires that each entity show improvements in certain areas, such as the number of individuals exiting homelessness to permanent housing. And we've all heard multiple times that there is a lack of permanent housing within our county. So being able to achieve that specific goal may be difficult. Many organizations rely on this funding on an annual basis to provide services, some of which of course, are provided to Riverbank residents directly. And so, while we understand that we need to be held accountable for the use of the funding that we receive, the fact that they have now changed the way in which they disperse the funds where you only receive half of them and you're not guaranteed the second half unless you can show improvements in some specific metrics that the State is requesting. A lot of those organizations are not going to have guaranteed funding. One of the organizations that spoke at this last CSOC meeting was the ACES shelter, which some of our homeless residents do take advantage of every so often because they have a component where if you're discharged from the hospital, you can go there for some respite care until you're sufficiently well enough to go back out to the streets basically, they have funding through January and then they're kind of stuck. So, some of these organizations, while they are not literally located in Riverbank, do serve Riverbank residents. So, the fact that changes are being made at the State level last minute, these are not changes within the contracts that are being made when the funds are being awarded is certainly very disconcerting to those organizations who rely on that funding on an annual basis.

So, I did want to let Council know that information.

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CC / LRA Minutes – 09/23/2025
• And then just to comment on today's ribbon cutting, I was honored to be a speaker at the ribbon cutting ceremony for Hope Village, which is the MicroHome Village located at the Bridge Covenant Church, just walking through the units, impressed by the quality of the work, which goes to all of the efforts being placed by our Planning Department, our Building Department, our Development Services Department to make sure that everything's being done correctly, that it is being done with care, because at the end of the day, the residents who will be at that location will become Riverbank residents, and it will be a place that they can be proud to live in.

Item 13.2 Council/Authority Member
Vice Mayor Fosi:
• I want to also reiterate how wonderful the Hope Village was to see. I want to live in one of the small ones because it's clean and it's pretty and it is brand new, but I hope that we can have more of those type of villages done throughout the City of Riverbank
• Historical Society, we will have our next meeting on Monday, October 13th, 5:30pm at the museum.
• All of us up here pretty much are going to be in Long Beach from October 7th through the 10th. We will be attending the League of California Cities and getting a lot of training and being able to network with a lot of people to find better ways to serve our communities, to serve homelessness, all kinds of stuff. So, I am excited to meet people and see all the presentations.

Councilmember Uribe:
• Sierra House has given us an updated donation list so, me and Councilmember Call and one of our members from our Youth Council are going to be putting together a little donation drive to support Sierra House. We are looking forward to partnering with the Youth Council, broaden our reach out there and give the support that Sierra House deserves.
• Sister Cities did hold an event Mexican Independence Day. I think it went well. It was nonstop. I want to give a shout out to Councilmember Pimentel. He was in charge of the guest list, probably one of the hardest jobs I could think of, but it turned out great. We met our fundraising goal, and so me and Pimentel will be there at our next meeting that will be this Friday at 6:30pm. We are also supporting the Museum, so we will be meeting here at 6:30pm on Friday. It is open to the public if you guys would like to come. We will be there supporting the directors as they decide the amounts of the awards that they want to give to the to the students, and also an additional support for the Sheriff's toy drive.

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CC / LRA Minutes – 09/23/2025
• October 9th yes, we will be at the conference so if you guys are here and happen to be at TJ Maxx / HomeGoods ribbon Cutting October 9th, send us pictures so we can shed some tears on the deals that we are probably missing.

Councilmember Pimentel:
• I enjoyed the Sister Cities Mexican Independence Dinner. It is nice to see the community come together and the event was really nice. It was a good turnout. I would like to give a shout out to Arizona. He was very respectful. He stayed till the end. I know that is his job, but he went above and beyond to help clean up because we were exhausted. I'm in my late 50s it was a long night, but we had a good night.
• Save the Date for the 32nd International Heritage Festival. It's a family event.

Saturday, October 4th at Graceada Park and I would like to see you there.

Councilmember Call:
• So first I want to just make sure I add in a couple comments on Opportunity Stanislaus, with those addendums, I just want to make sure that or the amendment to the existing MOU. I just want to make sure that collectively it involves all of Council in those amendments to make sure that they are reflective of our Strategic Plan and not what is existing and in place. So that is part of my comment.
• I mentioned it at a couple meetings ago, but the second Wednesday of every month I am at Stanislaus Homeless Alliance in downtown Modesto in their Council Chambers, and I am giving the day use facility statistics, which is over at the Sierra House. So, I wanted to share all of those with you because I share them every month. In the month of August, we did 166 showers and 152 meals served out of the Sierra House day use facility. 110 were men and 56 were women. And then since January 1st, 2025, to this date in August, we have admitted 50 new individuals to the day use facility and admitted means they have completed the HMIS intake form and received services from the day use facility at least once. Some of these individuals may only use the facility once, while others may use it up to five times per week. And then of these 50 individuals, 45 of these 50 are or were experiencing unsheltered homelessness, no minors. 11 of those 50 have some kind of disabling condition. 31 of these 50 were men and 19 were women. I think this goes back to one of our public comments. I would really like to refer her to the Stanislaus Homeless Alliance meetings for an opportunity to speak there. And maybe we can find her some resources.

Item 13.3 Mayor/Chair
Mayor Hernandez:

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• So, the Youth Council met for the first time, and it was great to see the leadership we had them sit at the dais and all of them were brainstorming together and were figuring out ways they saw quickly how conversations can devolve. So, they figured out ways to support each other and staying organized and working through those conversations. So, it was great to sit there with them and just be a fly on the wall during that conversation. They are having their next meeting tomorrow where they are going to solidify their officer positions they each want a position so there are eight different officers, the duties, their schedule for meetings, and I suggested doing a mini strategic planning session so they be setting some goals for the year to come.
• StanCog where do we start so the interim Executive Director has retired and rather unexpectedly, I mentioned in the previous meeting that I'm on the Ad Hoc Committee to look for an Executive Director. So now we are tasked with looking for an interim while we look for the Executive Director but we do have an interim, interim that is a staff member at this point. And so just to give you an idea of everything that is going on with StanCog and some of the stuff we are working through while still working through some of the Grand Jury stuff. So, there was a report or a formal letter in response written, and that investigation is ongoing during the regular meeting so, that is all extracurricular with StanCog during the regular meeting, there was an item where StanCog is a funding agency for transportation dollars at the State and Federal level wanted to apply for their own funds. This was something that is not the norm for this organization and so there were a lot of questions around, do we change the process unexpectedly with about 2 to 3 weeks? I think it was left on the application date so all of a sudden, StanCog, the agency would be a in competition for funds against the nine other cities that that make up our County. Where we were clear, we had many conversations with staff and amongst the policy board that though the project that StanCog wanted to apply for funds for is something that is supported, the process is not something that that could be supported. And so that's where I represented the City at and I just wanted to reiterate that as a point of kind of trying to keep process going fairly and equitably throughout everything that we do. And so that still though, ended up passing and so StanCog is going to be competing for those funds, and we will see how that turns out in October. And that is it, but there is a ton of fun stuff that happened in between.

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Item 14.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela H. Garcia
Employee Organizations: Riverbank Miscellaneous Employees Item 14.3 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Maria Cruz & Xavier Dominic Cruz
Agency Claimed Against: City of Riverbank
Item 14.4 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Melissa Cruz, Jorge Cruz and Leo Cruz
Agency Claimed Against: City of Riverbank
There being no public comment, Mayor Hernandez motion to closed Session at 8:35 P.M.

Reconvened from Closed Session at 9:04 P.M.

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 Mid-Management Employee Association.

DIRECTION: Direction was provided to staff.

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 Miscellaneous Employees DIRECTION: Direction was provided to staff.

Item 15.3 Report from Item 14.3

LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Maria Cruz & Xavier Dominic Cruz

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CC / LRA Minutes – 09/23/2025
Agency Claimed Against: City of Riverbank
ACTION: Claim was denied with a vote of 5/0.

Item 15.4 Report from Item 14.4

LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Melissa Cruz, Jorge Cruz and Leo Cruz
Agency Claimed Against: City of Riverbank
ACTION: Claim was denied with a vote of 5/0.

16. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair Hernandez adjourned the regular meeting at 9:05 P.M.to the next regular scheduled City Council / LRA Meeting of October 14, 2025 at 6:00 P.M.

ATTEST: (Adopted 10/14//2025) APPROVED:

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

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Item 9.3 – CC/LRA – 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Resolution Authorizing an Application for Grant Funding from the San Joaquin Valley Air Pollution Control District (SJVAPCD) to Purchase a 2025 Hisun Sector E1 Electric UTV
From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Director of Public Works

RECOMMENDATION
It is recommended that the City Council consider adopting a resolution allowing City Staff to apply for a grant with SJVAPCD in the amount of $14,968.64, to purchase a 2025 Hisun Sector E1 Electric UTV.

SUMMARY
Riverbank Wastewater Treatment Plant staff have been utilizing a 2005 Polaris 500 UTV to perform grounds maintenance, herbicide, and pesticide application at the WWTP. This UTV recently suffered a rear-end failure, and parts are no longer available to perform the repair. City Staff is requesting to replace the Polaris with a Hisun Sector E1 Electric UTV utilizing grant funding through the SJVAPCD.

STRATEGIC PLAN
While not directly related to the City Councils Strategic Plan, this report is in line with the City Council’s desire for staff to have proper equipment to perform their job.

FINANCIAL IMPACT
There is no financial impact to the City, as grant funding will cover 100% of the purchase.

ATTACHMENT

1. Draft City Council Resolution 2025-

2. Purchase Quote

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CC/LRA – 10/14/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

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

CALIFORNIA, AUTHORIZING AN APPLICATION FOR GRANT FUNDING FROM THE

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) TO PURCHASE A 2025 HISUN SECTOR E1 ELECTRIC UTV

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

WHEREAS, the City of Riverbank previously used a 2005 Polaris 500 UTV to perform grounds maintenance at the Wastewater Treatment Plant; and WHEREAS, the Polaris recently had a rear-end failure, that is unable to be repaired due to the discontinuation of parts; and
WHEREAS, the City is wishing to apply for grant funding through SJVAPCD to replace the Polaris, with a 2025 Hisun Sector E1 Electric UTV, in the amount of $14,968.64; and
WHEREAS, the grant would cover all costs associated with the purchase of the new vehicle.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the application for grant funding from the SJVAPCD in the amount of $14,968.64.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of October, 2025; motioned by Councilmember ___________, seconded by Councilmember ___________, and upon roll call was carried by the following City Council vote of _____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gaby Hernandez Rachel Hernandez
City Clerk Mayor
ATTACHMENT 1
SJVAPCD Public Benefit Grants Program
Application
New Vehicle Purchase

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Approved March 2013
Please return all completed applications to:

SJVAPCD Strategies and Incentives Department
1990 East Gettysburg Avenue; Fresno, CA 93726-0244

PUBLIC BENEFIT GRANTS PROGRAM
New Alternative Fuel Vehicle Purchase
Application
Applicant Information

1. Public Agency Name (as it appears on Form W-9):

2. Tax ID:

Taxpayer ID Number (TIN) _______________________________________________

3. Address:

4. City: 5. State: 6. ZIP Code:

7. Mailing Address (if different from above):

8. City: 9. State: 10. ZIP Code:

11. Have you applied to any other grant programs for any vehicle in this application?  No  Yes – Name of Grant Program(s): _____________________________________________________________ Primary Contact Information

1. First Name: 2. Last Name:

3. Title: 4. E-Mail:

5. Phone Number: 6. Alternate Contact Number:

7. Fax Number:

Contract Signing Authority

1. First Name: 2. Last Name:

3. Title:

City of Riverbank
94-6000407
6707 Third Street
Riverbank CA 95367
Darin Smallen
Public Works Superintendent [email protected]
209-869-7128 ext. 7272 209-869-7134
Marisela Garcia
City Manager
ATTACHMENT 2
Application
New Purchase

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Approved March 2013
New Vehicle Information- Complete a separate page for each vehicle make/model

1. Number of Vehicles:

2. Vehicle Type (please select one):

Electric
 Light-light Duty Vehicle
(GVWR < 8,500 lbs.)
 Transport/Utility Cart
 Scooter
 Bicycle
 Other (specify):
_____________________________
Plug-In Hybrid
 Light-Light Duty Vehicle
(GVWR < 8,500 lbs.)
 Light-Medium Duty Vehicle
(GVWR 8,501 – 14,000 lbs.)
 Other (specify):
______________________________
CNG, LNG, or LPG
 Light-light Duty Vehicle
(GVWR < 8,500 lbs.)
 Light-Medium Duty Vehicle
(GVWR 8,501 – 14,000 lbs.)
 Transport/Utility Cart
 Other (specify):
______________________________

3. Vehicle Make: 4. Vehicle Model: 5. Vehicle Model Year:

6. Vehicle GVWR:
lbs.

7. Engine Horsepower/Kilowatts:

8. Fuel Type:
 Electric  Plug-In Hybrid  CNG  LNG  LPG  Other (specify):

9. Manufacturer’s estimated range for fully charged vehicle (electric vehicles only):

10. Total Cost of each New Vehicle: 11. Total Funding Requested from SJVAPCD (per vehicle):

12. Is there existing charging/fueling infrastructure in place for the proposed vehicle(s)?  Yes  No If no, please describe a plan for building infrastructure or gaining access to existing infrastructure:

13. How do you intend to pay for the remaining balance of the project after the grant has been applied?  Co-funding (please name source): ______________________________________________________________  Other (please specify): _______________________________________________________________________ New Vehicle Dealer Information

1. Vehicle Dealer Name:

2. Contact / Salesperson Name: 3. E-mail:

4. Phone Number: 5. Fax Number:

Internal use only
GMS Unit(s):__________________
1, ONE
off road UTV
City equipment funds
2,764 30/22
>42 miles
Hisun Sector E1 2025
Clawson Motorsports
$14,968.64 $14,968.64
Clayton Bradley [email protected]
559-712-8232
Application
New Purchase

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Approved March 2013
New Vehicle Activity Information- Complete a separate page for each vehicle make/model *If applying for multiple vehicles that will be performing different activities, please complete a separate section for each different vehicle activity

1. Number of vehicles with same vehicle activity:

2. Use within SJVAPCD boundaries:
________________%

3. Use within CA boundaries:
_______________%

4. Estimated Annual Vehicle Usage
(per vehicle):
________________________

5. Vehicle Vocation/Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):

6. Please mark the reason for purchasing the new vehicle(s):
 Fleet Expansion - Please list the vehicle(s) you would have purchased had you not applied for this grant:
 Vehicle Replacement - Please list the year, make, and model of the vehicle(s) to be replaced:
 Other - Please specify:

Internal use only
New Vehicle Activity Information

1. Number of vehicles with same vehicle activity:

2. Use within SJVAPCD boundaries:
________________%

3. Use within CA boundaries:
_______________%

4. Estimated Annual Vehicle Usage
(per vehicle):
________________________

5. Vehicle Vocation/Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):

Internal use only
GMS Unit(s):_________________
GMS Unit(s):_________________
100 100
Facility maintenance
2002 Polaris Ranger 4x4 500
1,One
400hrs
Application
New Purchase

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Approved March 2013
Signature Form
Signing Authority to initial and sign in blue ink
Certifications
By initialing each of the following sections, I certify that I have read the Eligibility Criteria and Application Guidelines and agree to ALL of the following terms and conditions:

Initial
The new vehicle(s) will be based within the geographic area of the SJVAPCD and seventy-five percent (75%) or more of the vehicle miles traveled or fuel consumption will be within the boundaries of the SJVAPCD for at least three (3) years from the date the vehicle is placed into service.

Initial
The new vehicle(s) will be used by a public agency located within the geographic area of the SJVAPCD.

Initial
The vehicle(s) purchased is/are a new OEM electric, plug-in hybrid, or alternative fuel vehicle(s) eligible for this program in accordance with the program guidelines.

Initial
Appropriate fueling or charging infrastructure for the new vehicle(s) is or will be readily available or accessible.

Initial
Any funding received, including funding from other sources, combined with this grant will not exceed the full cost of the new vehicle(s).

Initial
Additional funding sources, or other financial incentive(s) and funding amounts to be used towards this project are disclosed on the application.

Initial Project match funding is reasonably available to complete the project in a timely manner.

Initial
Applicant will not purchase or take delivery of the new vehicle(s) until receiving an executed contract with the SJVAPCD.

Initial SJVAPCD maintains the right to inspect the new vehicle(s) at any time during the contract period.

I hereby certify that all information provided in this application and any attachments are true and correct to the best of my knowledge.

Signing Authority Signature Date

Application
New Purchase

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Approved March 2013
Application Packet Checklist
When submitting a project for consideration, submit a complete application packet. An incomplete application packet will lengthen the application processing time and delay possible incentive funding. A complete application packet includes the following items:
 Completed Application (Pages 1 thru 3), no required fields blank.  Completed Signature Form (Page 4), signed in blue ink.  First page of IRS Form W-9.
 Dated and itemized dealer quote for the new vehicle(s).  The quote must provide a breakdown of the total cost of the new vehicle and warranty (if not included in the purchase price), and include specific vehicle and engine information such as make, model, model year, engine horse power or watts, and vehicle GVWR.
 Resolution from the Applicant’s governing body (i.e. City Council or County Board of Supervisors), or other documentation signed by a duly authorized official with authority to make financial decisions, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project.  If applicable, documentation which demonstrates future availability/accessibility and specifies the timeframe when infrastructure will be available/accessible. Only applicants who currently do not have infrastructure, or access to infrastructure, specific to the new vehicle(s) applied for in this project are required to submit this documentation.

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Item 9.4 – CC/LRA – 10/14/2025

RIVERBANK CITY COUNCIL/ LOCAL REDELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the Stanislaus Council of Governments (StanCOG) for the Suballocation of Regional Early Action Planning (REAP 2.0) Funds
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council approve a resolution to authorize the City Manager to enter into a contract (MOU) with StanCOG for the suballocation of REAP 2.0 grant funds.

SUMMARY
On October 26, 2021, the City Council adopted Resolution No. 2021-098 authorizing the City Manager to execute a contract with the Stanislaus Council of Governments (StanCOG) for the Regional Early Action Planning (REAP) Grant Program. The City Council authorized this in relation to housing element related work that qualified under the REAP program. The City ultimately entered into a Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) for the Suballocation of REAP funds for the project (total of $73,221.97 of grant funds).

A new grant funding opportunity has been made available to the City through StanCOG’s REAP 2.0 Grants Program. The purpose of REAP 2.0 is to provide funding to Metropolitan Planning Organizations (MPOs) and regional entities for transformative planning and implementation activities that support housing and equity goals, reduce per capita Vehicle Miles Traveled (VMT), and advance the region’s Sustainable Communities Strategy (SCS) or Alternative Planning Strategy. StanCOG was awarded $7,091,933, of which $3,100,000 has been allocated to the Transformative Funding Suballocation Program for distribution to member agencies.

The Suballocation to cities within Stanislaus County based on StanCOG’s methodology is as follows:

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Item 9.4 – CC/LRA – 10/14/2025
As shown in the table, a total of $319,575 is available for the City of Riverbank through the REAP 2.0 Grant. No local match is required by this Grant.

On October 1, 2025 StanCOG notified Staff that the City of Riverbank has been tentatively awarded the full $319,575 in available REAP 2.0 funding. Staff has identified a project that will utilize the available funding by updating the System Development Fee (SDF) program, also known as the Development Impact Fee program. In addition to updating the overall SDF program, the update will establish an Infill Development Fee and a VMT/Transit-Oriented Development Fee, while also incorporating Affirmatively Furthering Fair Housing (AFFH) principles. This effort will modernize the City’s infrastructure funding framework to align with state housing, climate, and equity objectives by:
• Supporting infill housing through equitable fee structures. • Reducing Vehicle Miles Traveled (VMT) by incentivizing transit-oriented and compact development.
• Expanding fair housing access and advancing sustainable infrastructure planning.

The project to update City SDF fees will provide a Significant Beneficial Impact under REAP 2.0 guidelines by lowering barriers to infill housing, encouraging TOD growth patterns, reducing emissions, and creating a replicable model for other jurisdictions in the StanCOG region.

Due to the requirement that REAP 2.0 funds must be fully expended by December 31, 2026, staff will proceed quickly with implementation. Immediately following execution of the MOU with StanCOG, staff will issue a Request for Proposals (RFP) to solicit qualified consulting firms to prepare a comprehensive update to the City’s System Development Fee (SDF) program. The RFP will seek expertise in fee program development, housing

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Item 9.4 – CC/LRA – 10/14/2025
policy, transportation planning, and equity integration to ensure the updated program reflects both local needs and state mandates.

Staff anticipates selecting a consultant and initiating work before the end of this year. The project will include a thorough review of existing fee structures, development of new fee categories (such as an Infill Development Fee and a VMT/Transit-Oriented Development Fee), and integration of Affirmatively Furthering Fair Housing (AFFH) principles. Public outreach and stakeholder engagement will also be conducted to ensure transparency and community input.

All work related to the update is expected to be completed within the 2026 calendar year, allowing sufficient time for public review and refinement. The City Council is anticipated to consider adoption of the updated program by late 2026, ensuring compliance with funding deadlines while positioning the City with a modernized and equitable development fee framework for years to come.
2025-2030 STRATEGIC PLAN
The purpose of the Strategic Plan is to guide the City in prioritizing efforts and allocating both financial and human resources to achieve a shared Vision and Goals that reflect community priorities and needs. The use of REAP 2.0 Grant funds directly supports the City’s Goal to “Foster Attainable Housing” and aligns with the Strategy to “Update the Nexus Fee Study for Infill Development Incentives.”

FINANCIAL IMPACT
There are anticipated positive fiscal impacts associated with the City’s award of $319,575 in REAP 2.0 grant funding. These funds will fully cover the cost of updating the City’s System Development Fee (SDF) program, eliminating the need for General Fund contributions to this effort.

ATTACHMENTS

1. City Council Resolution 2025-
Exhibit A - StanCOG Contract (MOU) without exhibits attached

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CC/LRA – 10/14/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH

STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) FOR THE
SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP 2.0) FUNDS

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

WHEREAS, the Stanislaus Council of Governments (“StanCOG”) is the Regional Transportation Planning Agency (“RTPA”) and Metropolitan Planning Organization (“MPO”) for the Stanislaus region, pursuant to State and Federal designation; and WHEREAS, pursuant to Health and Safety Code section 50515 et. seq. the California Department of Housing and Community Development (Department) has provided funds for the Local Government Planning Supports Grant Program (hereinafter referred to by the Department as the Regional Early Action Planning Grants program or REAP); and
WHEREAS, the Department awarded an allocation to StanCOG on behalf of Stanislaus Member Agencies (City of Ceres, City of Hughson, City of Modesto, City of Newman, City of Oakdale, City of Patterson, City of Riverbank, City of Turlock, City of Waterford, and Stanislaus County); and
WHEREAS, StanCOG has been delegated the responsibility for the administration of the grant allocation, establishing necessary procedures; and WHEREAS, StanCOG and participating member agencies, will conduct planning and implementation activities that will accelerate housing production and housing-related initiatives; and
WHEREAS, the City of Riverbank submitted an application to StanCOG and was suballocated $319,575 through the REAP 2.0 Grant Funds; and WHEREAS, the City of Riverbank has identified a project that will utilize the REAP

2.0 funding by updating the Citywide System Development Fee (SDF) program and will include establishing an Infill Development Fee and a VMT/Transit-Oriented Development Fee;
ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 10/14/2025
CC Resolution 2025-
NOW, THEREFORE, be it resolved that the City Council of the City of Riverbank hereby authorizes the City Manager to enter into a contract (MOU) with StanCOG (Exhibit A) for the suballocation of Regional Early Planning Grant (“REAP 2.0”) funds and to make any administrative, non-substantive, or minor amendments to the contract as may be necessary to carry out its intent, subject to review and approval by the City Attorney.

FURTHEMORE, the City Manager is authorized to execute any amendments, extensions, or modifications to the contract, provided such changes do not result in additional financial obligations to the City.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of October 2025, motioned by Councilmember ___________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of __:__.

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
__________________________ __________________________
Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment: Memorandum of Understanding
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK

MEMORANDUM OF UNDERSTANDING
between

STANISLAUS COUNCIL OF GOVERNMENTS
and
{NAME OF STANISLAUS COUNTY JURISIDCTION}
for

SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING GRANT FUNDS OF 2021 (REAP 2.0)
This Memorandum of Understanding is made and entered into between the Stanislaus Council of Governments (StanCOG) and the {Name of Stanislaus County Jurisdiction}, the “SubRecipient”, and is dated October 15, 2025{DATE}, for reference purposes.

Recitals
A. WHEREAS, StanCOG is a council of city and county governments in Stanislaus County, established by a joint powers agreement in 1971, to address regional transportation issues and is the designated metropolitan planning organization for the Stanislaus region; B. WHEREAS, StanCOG is the recipient of funds from the California Department of Housing and Community Development (“HCD”) for administration of the Regional Early Action Planning Grant Program of 2021 (REAP 2.0);
C. WHEREAS, StanCOG issued a non-competitive call for projects under the Transformative Funding Suballocation Program, making funds available to all jurisdictions in Stanislaus County for eligible planning and implementation activities consistent with the goals of the REAP 2.0 program;
D. WHEREAS, {Name of Stanislaus County Jurisdiction} applied for, and has been deemed eligible to receive, funding to carry out such planning and implementation activities (the “Project”);
E. WHEREAS, {Name of Stanislaus County Jurisdiction} agrees to implement the Project and collaborate with StanCOG to further the goals of promoting affordable infill housing opportunities, expanding multimodal transportation options, and reducing vehicle miles travelled withing the region.

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions hereinafter contained, the parties hereto agree as follows:

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ATTACHMENT 2
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK

AGREEMENT

1. Recitals, and Funding Agreement between HCD and StanCOG The recitals above are hereby incorporated in this Agreement. The funding agreement between HCD and StanCOG is attached to this Agreement as Exhibit “A” and all applicable provisions of said agreement shall apply to the Sub-Recipient, in addition to the Agreement terms set forth below. The key guidance and requirements of the REAP 2.0 program applicable to all the SubRecipients are presented in the Notice of Funding Availability and Final Guidelines – Metropolitan Planning Organization Allocation Regional Early Action Planning Grant (REAP

2.0) attached to this Agreement as Exhibit “B”.

2. Funding Amount:

The amount to be paid to Sub-Recipient under this MOU will not exceed {spell out dollar amount} ($xxx,xxx.00)(Funds), which represents Sub-Recipients allocation. In no instance will StanCOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs. Nor shall StanCOG be liable for any amounts if HCD fails to allocate or distribute REAP 2.0 funding to StanCOG.

3. Term/Timeline:

The term of this MOU shall begin on the “Effective Date” of this MOU, which shall be the last date of execution of the MOU by the parties hereto. All work identified in the Scope of Work must be completed by December 31, 2026, unless terminated earlier as provided herein. No extensions will be granted to complete the Scope of Work unless authorized by HCD. All final reporting and invoicing, set forth in Section 9 of this Agreement, is due to StanCOG by January 31, 2027.

4. Project Management and Notices:

The StanCOG point of contact for all communication regarding invoicing, reporting and noticing shall be:

Michael Sigala
Stanislaus Council of Governments,
1111 “I” Street Suite 308
Modesto, CA 95354
Telephone: (209) 525-4600
Email: [email protected]
The Subrecipient Project Manager for all communication, invoicing, reporting and noticing shall be:

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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
Josh Mann
Director of Community Development
City of Riverbank
6707 Third Street
Riverbank, CA 95367
Telephone: (209) 863-7124
Email: [email protected]

5. Scope of Work:

The scope of work for the Project (“Scope of Work”) is set forth in Sub-Recipient’s REAP 2.0 Application for the StanCOG’s Transformative Suballocation Program, attached to this Agreement as Exhibit “C”.

The Sub-Recipient shall use the Funds in accordance with the scope of work as contained in the grant application approved by HCD. Sub-Recipient request for amendments or modifications in scope must be made in consultation with, and with the prior approval of, StanCOG. If deemed appropriate by StanCOG, StanCOG will seek prior approval from HCD regarding proposed changes in task budget or scope/approach to ensure that any changes to the scope of work as proposed in the grant application are acceptable to HCD.

6. Compliance
By entering into this Agreement and thereby accepting the Funds, the Grantee agrees to comply with the terms and conditions set forth in Exhibit “A”, Exhibit “B”, Exhibit “C”, and this Memorandum of Understanding.

Sub-Recipient will, also, comply with all applicable Federal, State, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation, all State regulatory requirements associated with the REAP 2.0 funding provided to SubRecipient hereunder, including all reporting requirements set forth in the REAP 2.0 Guidelines and reporting requirements in the funding agreements between StanCOG and HCD.

Further, Sub-Recipient will require the appropriate debarment certification form from all Sub-Recipient contractors and Sub-Recipient certifies that it will not knowingly enter into any transaction with a contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.

7. Independent Contractor:

Sub-Recipient, and the agents and employees of the Sub-Recipient, in the performance of this Agreement, will act as and be independent contractors and not officers or employees or agents of StanCOG. Sub-Recipient, its officers, employees, agents, and subcontractors, if any, will have no power to bind or commit StanCOG to any decision or course of action, and will not represent to any person or business that they have such power. Sub-Recipient has DRAFT
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
and will retain the right to exercise full control of the supervision of the work and over the employment, direction, compensation and discharge of all persons assisting Sub-Recipient in the performance of work funded by this Agreement. Sub-Recipient will be solely responsible for all matters relating to the payment of its employees and contractors including, but not limited to, compliance with all laws, statutes, and regulations governing such matters.

8. Accounting Records:
a. Sub-Recipient, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment voucher or invoices. b. Sub-Recipient shall establish a separate ledger account for receipts and expenditure of the Funds and maintain expenditure details in accordance with the scope of work, project timeline and budget.
c. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.
d. Sub-Recipient agrees that StanCOG, HCD and the State of California and/or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

9. Reporting and Payment:
a. On a quarterly basis, Sub-Recipient will provide StanCOG with both (1) a written report on the progress made on the Scope of Work; and (2) an invoice for reimbursement containing attached back up documentation, including itemized receipts clearly showing the amount requested for reimbursement, including vendor name, purchase date, and a description of the items, services procured, or Sub-Recipient staff time billed to the Project; statement of reason to provide a clear explanation of why the expense was incurred, such as a copy of a meeting invitation, event flyer, or a written explanation outlining the business purpose of the expense; and proof of payment. If no receipt is available, a proof of payment (e.g., a canceled check or credit card statement) may be required). Sub-Recipient shall submit the quarterly reports within 30 days of the end of the reporting period. The quarterly report shall be provided by e-mail to StanCOG. SubRecipient’s written progress report shall be completed as required by StanCOG, and shall be for the periods ending March, June, September and December of each year. StanCOG may provide a reporting template for the Quarterly Report, and the Sub-Recipient shall report all required information on the template provided. Sub-recipient’s failure to submit timely, accurate, and complete Quarterly Reports and invoices consistent with the approved Scope of Work and budget (and the REAP grant agreement) may result in payment delay, non-payment, or other actions deemed necessary to ensure compliance DRAFT
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
with the REAP program reporting requirements. In addition, StanCOG reserves the right to withhold future reimbursements or funding distributions, and to disallow expenses not properly and timely invoiced or lacking the required reporting information. b. Sub-Recipient shall annually report to StanCOG by January 31st for the previous calendar year of the Agreement: (1) detailed status of the Project overall, including subtasks (2) status of the uses and expenditures, including subtasks, (3) an explanation and quantification, where appropriate, of the progress achieved toward all of the objectives of the REAP 2.0 program, barriers and solutions for the proposed activities including (a) corresponding impact and measurable outcomes for accelerating infill housing development, (b) reductions in vehicle miles traveled per capita, (c) actions for affirmatively furthering fair housing (d) location of investment, (e) socioeconomic statistics about the impacted geography, and (f) regional impact explanation. Additional information on indicators, outcomes and anticipated changes and other reporting requirements deemed necessary by StanCOG may be required in the Annual Report.

StanCOG may provide a reporting template for the Annual Report, and the Sub-Recipient shall report all required information on the template provided. c. Payments to Sub-Recipient hereunder will be made in arrears. d. Invoices for expenditures incurred prior the Effective Date of this MOU will not be reimbursed.
e. Sub-Recipient shall not be entitled to reimbursement of indirect costs unless a copy of an applicable, approved indirect cost plan has been received by StanCOG prior to submittal of the first invoice from the Sub-Recipient. Indirect cost rates shall be submitted annually in accordance with StanCOG requirements.
f. Sub-Recipient will be notified within ten (10) business days following receipt of its invoice by StanCOG of any circumstances or data identified by StanCOG in SubRecipient’s invoice that would cause withholding of approval and subsequent payment.

10. Audit, Retention and Inspection of Records:
a. StanCOG or its designee, including but not limited to any State or Federal agency, will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials (collectively “Records”) pertaining to performance of this Agreement, including any Records in the possession of any contractors or subcontractors. Such Records shall include all records of employment, employment advertisements, employment application forms, and other pertinent employment data, as well as any records pertaining to compliance with Public Contract Code Sections 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500, et seq. (when applicable) and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7.
b. Sub-Recipient agrees to provide StanCOG or its designee, the State, the California State Auditor or any duly authorized representative of the State or Federal government, with any DRAFT
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
relevant information requested and will permit StanCOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations. SubRecipient further agrees to maintain such Records for a period of three (3) years after final payment under the Agreement or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the three (3) years after final payment under this Contract, all records must be retained by Sub-Recipient, its contractors and subcontractors until completion of the action and resolution of all issues which arise from it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. c. In addition to any other remedies available to StanCOG in law or equity for breach of this Agreement, StanCOG, may at its discretion, exercise a variety of remedies, including, but not limited to, requiring repayment of the Funds disbursed and expended under this Agreement.

11. Third Party Contracts:
a. All procurements related to the expenditure of the Funds must be conducted using a fair and competitive procurement process. Sub-Recipient may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, HCD’s REAP 2.0 Guidelines, and all applicable provisions of California law.
b. Any contract entered into as a result of this MOU shall contain all the provisions stipulated in this MOU and shall be applicable to Sub-Recipient’s contractors and subcontractors.

Copies of all agreements with contractors and subcontractors shall be submitted to StanCOG’s project manager.
c. Sub-Recipient shall be responsible for monitoring and enforcement of all agreements with contractors and subcontractors to ensure compliance with the terms of this MOU.

12. Assignment:

Sub-Recipient shall not assign or subcontract its duties under this MOU. No subcontract, whether existing or later entered into as set forth herein, under any circumstances shall relieve the Sub-Recipient of its liability and obligation under this contract, and all transactions with StanCOG must be through the Sub-Recipient.

13. Indemnity:

Sub-Recipient specifically agrees to indemnify, defend, and hold harmless StanCOG, its directors, officers, members, boards, committees, agents, and employees (collectively the “Indemnitees”) from and against any and all actions, claims, demands, losses, costs, DRAFT
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
expenses, including reasonable attorneys’ fees and costs, damages, and liabilities (collectively “Losses”) arising out of or in any way connected with the performance of this MOU. Sub-Recipient shall pay all costs and expenses that may be incurred by StanCOG in enforcing this indemnity, including reasonable attorneys’ fees. The provisions of this Section shall survive the expiration, termination, or assignment of this MOU.

14. Amendments:

If HCD, StanCOG or any other State agency having jurisdiction, requires a change to the terms of this MOU, the parties will amend this MOU as necessary, or will terminate it immediately. No alteration or variation of the terms of this MOU will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto.

15. Termination:
a. Either party may terminate this MOU for any reason, with or without cause, at any time, by giving the other party fifteen (15) days written notice. If either party issues a notice of termination, StanCOG will reimburse Sub-Recipient for work actually performed up to the effective date of the notice of termination.
b. Sub-Recipient will have the right to terminate this MOU in the event StanCOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds. StanCOG has the right to terminate this agreement should Sub-Recipient fail to perform the Scope of Work in a complete and timely manner or should Sub-Recipient fail to meet the Quarterly, Annual or other reporting requirements deemed necessary by StanCOG provided Sub-Recipient shall have thirty (30) calendar days in which to cure its reporting non-compliance.

This MOU may be executed in any number of counterparts with the same effect as if the parties had all signed the same document, and which together shall constitute one and the same instrument.

Each party agrees that this MOU and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this MOU or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

IN WITNESS WHEREOF, this MOU has been executed by the parties hereto and shall be effective when executed by both parties.

Stanislaus Council of Governments, a Joint
Powers Agency
{Name of Stanislaus County Jurisdiction}
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REAP 2.0 MOU StanCOG – CITY OF RIVERBANK
By: _________________________________
Interim Executive Director
Date: ________________________________
By: _________________________________
Marisela H. Garcia
City Manager
Date: ________________________________
APPROVED AS TO FORM:

By: _________________________________
Monica Streeter
General Counsel
APPROVED AS TO FORM:

By: __________________________________
Tom Hallinan
Legal Counsel
DRAFT
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REAP 2.0 MOU StanCOG – {Name of Stanislaus County Jurisdiction}

EXHIBIT A

FUNDING AGREEMENT BETWEEN HCD AND STANCOG
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age
REAP 2.0 MOU StanCOG – {Name of Stanislaus County Jurisdiction}

EXHIBIT B
NOTICE OF FUNDING AVAILABILITY AND FINAL GUIDELINES –

METROPOLITAN PLANNING ORGANIZATION ALLOCATION REGIONAL EARLY ACTION PLANNING GRANT (REAP 2.0)
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age
REAP 2.0 MOU StanCOG – {Name of Stanislaus County Jurisdiction}

EXHIBIT C
SUB-RECIPIENTS REAP 2.0 APPLICATION FOR THE STANCOG TRANSFORMATIVE

SUBALLOCATION PROGRAM
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Item 9.5– CC/LRA-10/14/2025

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Resolution to Approve a Subdivision Improvement Agreement for the River’s Edge Subdivision with LGI Homes - California, LLC and Authorizing the City Manager to Execute the
Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Subdivision Improvement Agreement (“SIA”) with LGI Homes – California, LLC for the River’s Edge Subdivision and authorize the City Manager to execute the agreement.

SUMMARY
On October 17, 2023, the Planning Commission adopted Resolution No. 2023-015, approving Vesting Tentative Subdivision Map 02-2023 (Mcroy-Wilbur Communities, Inc.) and related conditions of approval which set forth the infrastructure obligations and conditions related to the site development and build out of 36 residential lots on 8.55 acres located on Central Avenue, between Santa Fe Street and Patterson Road. The site is further identified as Stanislaus County APNs: 062-020-037, -038, & -040 with a physical address of 6472 Central Avenue.

One of the last steps in the subdivision map process is the approval of a final map which subdivides the parcel into the individual lots planned for homes, streets and utilities, and parkland or other public areas. Commonly, there are two ways to achieve a final map. The first way is for the developer to install all required infrastructure improvements (roads, street lighting, water/sewer lines, etc.) in advance of requesting the final map. The second way is to enter into a Subdivision Improvement Agreement (“SIA”) and submit bonds, which provide security for the City that the improvements will be completed as required by the tentative map conditions of approval. In the past, the

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Item 9.5– CC/LRA-10/14/2025
City has used both methods depending on the individual needs and timelines of each project.

LGI Homes – California, LLC has begun grading and installation of infrastructure improvements. They have also requested City Council approval of their Final Map (listed separately on this agenda as Item 9.4). Pursuant to the Riverbank Municipal Code (“RMC”), approval of the Final Map requires prior approval of an SIA.

Exhibit A to the Resolution is the proposed SIA, which includes the bonding and insurance requirements set forth in the RMC, with project-specific provisions tailored for River’s Edge. Approval of the agreement will enable the developer to move forward with Final Map consideration by the City Council.

The estimated cost of the required infrastructure improvements for River’s Edge is approximately $2,180,849.55. This estimate has been reviewed and approved by the City Engineer. RMC §152.076 requires that two specific improvement securities be filed with the City: the first security (bond) shall secure faithful performance of the agreement in an amount equal to 100% of the estimated cost of the improvements and the second security shall secure the obligations set forth in Cal Govt. Code §66499.3(b) of payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimated cost of the improvements. The RMC provides a variety of options for developers to provide these securities, including the provision of bonds to the City Clerk. The City Attorney reviews these documents as to form.

The estimated parkland obligation for the 36-lot residential subdivision is 0.63 acres, based on a standard density of 3.5 persons per dwelling unit and city’s parkland requirement of 1-acre per 58 dwelling units. The subdivider has indicated an intent to satisfy this obligation through a combination of Park-in-Lieu fees and credits, as outlined in the project’s Subdivision Improvement Agreement.

FINANCIAL IMPACT
There is no direct financial impact to the City from approval of the SIA. The developer is responsible for the full cost of improvements, secured through the required bonds. In addition, the request for map and agreement review was processed through a developer-funded deposit which covers staff time and related costs. As such, no General Fund resources will be used. Approval of the SIA will allow the City to proceed with Final Map approval, facilitating the construction of single-family residential units and associated public infrastructure.

ATTACHMENTS

1. City Council Resolution 2025 -
Exhibit A: Subdivision Improvement Agreement between the City of Riverbank and LGI Homes-California, LLC for River’s Edge – without attachments ATTACHMENT 1

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CC/LRA – 10/14/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR THE RIVER’S EDGE SUBDIVISION AT 6472 CENTRAL AVENUE (APNS 062-020-037, -038, & - 040) WITH LGI HOMES - CALIFORNIA, LLC AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

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

WHEREAS, LGI Homes - California, LLC is the owner of the River’s Edge, a proposed thirty-six (36) lot residential subdivision on approximately 8.55± acres; and WHEREAS, on October 17, 2023, the City Council adopted Resolution No. 2023- 015, approving Vesting Tentative Subdivision Map No. 02-2023 (McRoy-Wilbur Communities, Inc.) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of 36 residential lots on 8.55± acres;
WHEREAS, LGI Homes - California, LLC will be requesting that Council consider approval of a Final Map for the River’s Edge at tonight’s City Council meeting; and WHEREAS, the River’s Edge Subdivision has a parkland dedication obligation of approximately 0.63 acres, which will be satisfied through in-lieu fees and credits as provided in the Subdivision Improvement Agreement; and
WHEREAS, significant infrastructure improvements are required to serve the subdivision and support future growth in the area; and
WHEREAS, LGI Homes – California, LLC has commenced grading and installation of the required improvements but has not yet completed all work necessary to allow for approval of the Final Map; and
WHEREAS, pursuant to the Riverbank Municipal Code, if improvements are incomplete at the time a Final Map is considered, the subdivider must enter into a Subdivision Improvement Agreement (“SIA”) secured by bonds or other acceptable securities; and
WHEREAS, City staff, in cooperation with LGI Homes – California, LLC, has prepared the Subdivision Improvement Agreement attached hereto as Exhibit “A,” which

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CC/LRA – 10/14/2025
CC Resolution 2025-
sets forth the terms, conditions, and security requirements consistent with City regulations.

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

1. The City Council approves the Subdivision Improvement Agreement for the River’s Edge Subdivision as presented (Exhibit A); and

2. The City Council authorizes and directs the City Manager to execute the Subdivision Improvement Agreement on behalf of the City, subject to receipt and verification of the required securities and any other conditions specified therein.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of October 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
Attachment: Exhibit A – Subdivision Improvement Agreement

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank
NAME OF PROJECT: River’s Edge________________________
(referred to as “Project”)
NAME OF SUBDIVIDER: LGI Homes – California, LLC__________ (referred to as “Subdivider”)

PARCEL OR TENTATIVE MAP
APPROVAL(S): Vesting Tentative Map 02-2023_________
(referred to as “Project Approvals”)
IMPROVEMENT PLANS: “Rivers Edge” dated 04/01/2025 by Benchmark Engineering
(referred to as “Improvement Plans”)
ESTIMATED COST OF IMPROVEMENTS: $2,180,849.55___________________________ COMPLETION PERIOD:

FORM OF SECURITY:
12 months__________________________
[X] Surety bond
[ ] Letter of Credit
[ ] Cash deposit
[ ] Other
NAME AND ADDRESS OF SURETY (if applicable):
_________________________________
(Name of Corporate Entity)
_________________________________
_________________________________

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Riverbank
6707 3rd St.

Riverbank, CA 95367
Attn: City Clerk
Exempt from recording fees
(Government Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)

EXHIBIT A

EXHIBIT A
This Subdivision Improvement Agreement (“Agreement”) is made and entered into by City of Riverbank, a California municipal corporation (the “City”), and LGI Homes – California, LLC, a California limited liability company (“Subdivider”). City and Subdivider may individually be referred to herein as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. Subdivider owns or controls parcels of land located in City, as more fully described in Exhibit A attached hereto (the “Property”).

B. Subdivider seeks to subdivide the Property in accordance with the Project Approvals.

C. The Project is subject to the Subdivision Map Act (Gov. Code, § 66410 et seq.) and City ordinances and regulations related to the filing, approval, and recordation of subdivision maps, and also the requirements and conditions contained in the Project Approvals (collectively, the “Subdivision Laws”).

D. The Parties desire to enter into this Agreement in order to facilitate completion of all improvements required for the Project (“Improvements”).

E. Subdivider is required to prepare Improvement Plans for the construction, installation, and completion of all Improvements required for the Project, subject to City’s approval.

F. The Improvements shall conform to the Subdivision Laws, and all applicable City standards and policies related to the Improvements (collectively, the “Improvement Standards”).

G. Subdivider has filed a Final Map for the Project in accordance with the Subdivision Laws. City will record the Final Map after this Agreement becomes effective, and after Subdivider has provided the securities required for the Improvements, as set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and benefits that accrue to each, the Parties agree as follows:

AGREEMENT
Section 1. Effective Date. This Agreement shall become effective on the date that all of the following have occurred: (i) City approves Improvement Plans provided by Subdivider; (ii) Subdivider provides securities to City to guarantee completion of the Improvements; and (iii) both Subdivider and City have executed this Agreement (the “Effective Date”).

Section 2. Term. This Agreement shall terminate after (i) City records a Notice of Completion for the Improvements, and (ii) City releases the securities required for the Improvements. Any provisions in this Agreement that are intended to survive such termination, by their express terms or nature of the obligation, shall survive such termination.

Section 3. Estimated Cost of Improvements. The total estimated cost of the Improvements, as provided by Subdivider and reviewed and confirmed by City, is attached hereto as Exhibit B (“Cost Estimate”).

Section 4. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, City hereby rejects all lands, rights-of-way and easements offered for dedication on the Final Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code § 66477.2.

Section 5. Subdivider Obligations. Subdivider shall perform each of the following obligations throughout the term of this Agreement, as conditions precedent to City’s issuance of a building permit for any lot within the Project.

A. Construct and install at Subdivider’s own expense all the Improvements, as shown on the Improvement Plans. The Improvement Plans may only be modified by Subdivider subject to prior written approval by City.

B. Commence construction of the Improvements within three (3) months from the Effective Date. Subdivider shall notify City in writing three (3) days before the commencement of construction of the Improvements.

C. Complete all Improvements within twelve (12) months from the Effective Date, unless otherwise approved or extended in writing by City, after written application by Subdivider. Such written request for extension shall state in reasonable detail the grounds for such extension. In granting any extension of time, City may require new Securities to reflect increases in the costs of constructing the Improvements or any other conditions related to the extension of time.

D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.

E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of the work. Subdivider shall bear the entire cost of any such replacements or repairs.

Any repair or replacement work shall be to the satisfaction of City.

F. Provide safe access for inspection of the Improvements by City.

G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.

H. Perform all construction work for the Improvements between 7:00 a.m. and 7:00 p.m. on weekdays (Monday through Friday), unless otherwise approved in writing by City.

I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work for the Improvements. Subdivider shall maintain an office with a telephone on the Property. While construction work is being performed on the Improvements, Subdivider or an agent of Subdivider shall be available at the Property within three (3) hours of being called by City.

J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.

K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.

Section 6. Inspections. All Improvements shall be constructed under the inspection of City employees or contractors (collectively “City Inspectors”). Upon completion of the Improvements, Subdivider may request a final inspection by City Inspectors. City shall not record the Notice of Completion unless Subdivider has completed all work in accordance with the Improvement Plans and Improvement Standards. If City Inspectors determine that the Improvements have been completed in accordance with the Improvement Plans and Improvement Standards, certification of the completion of the Improvements shall be presented to the City Council, to accept or reject in its sole discretion, and City shall thereafter record a Notice of Completion for the Improvements.

City Inspectors shall have the right to inspect the Improvements for a period of twelve (12) months after the Notice of Completion has been recorded. Subdivider shall bear all costs of inspection, including but not limited to, the costs of all third-party inspectors used for the Project.

Section 7. Title to Improvements. City shall not accept any property to be dedicated, or title to the Improvements, unless they are constructed in conformity with the Improvement Plans and Improvement Standards to the satisfaction of City. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time that City accepts the Improvements. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in City upon completion and acceptance of such Improvements. The Improvements shall be entirely free from all liens prior to City’s acceptance. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

Section 8. Acceptance of Improvements. The Improvements shall be deemed accepted only after: (i) acceptance by the City Council upon recommendation of the City Engineer, after satisfactory completion and inspection of all Improvements, and (ii) issuance of a Notice of Completion by the City Engineer. Such acceptance shall not constitute a waiver by City of any defects or deficiencies in the Improvements.

Section 9. Damage to Improvements. Subdivider is solely responsible for the care and maintenance of, and any damage to, the Improvements, prior to final acceptance by City.

Subdivider shall replace or repair all Improvements, utility facilities, and monuments that are damaged or destroyed for any reason, regardless of the cause of damage or the ownership of the underlying property. Any repair or replacement shall be to the satisfaction of City.

Section 10. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Property or an already existing public right-of-way, no construction or installation shall commence before:

A. The irrevocable offer of dedication or conveyance to City by Subdivider of appropriate rights-of-way, easements or other interests in real property, as determined by City; or B. Authorization from the affected property owner to allow construction or installation of the Improvements; or
C. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Code Civ. Proc., § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.

Section 11. Repair of Defective Work After Acceptance of Improvements. If, within a period of one (1) year after final acceptance of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement or conform to the Improvement Plans or Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part of the Improvements. If Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then City may, at its option, make the necessary repairs or replacements or perform the necessary work. In such event, City shall first call on the Warranty Security (as defined herein) to pay the costs of the work. Subdivider shall remain responsible for the actual cost of the work performed by City plus fifteen percent (15%), excluding the amount received by City under the Warranty Security.

Section 12. Securities.

A. Types of Security. Subdivider shall secure completion of the Improvements by providing the following securities (collectively, the “Securities”), to be attached as Exhibits C through E:
i. Performance Security. A performance security that is one hundred percent (100%) of the total Cost Estimate, securing the Subdivider’s faithful performance and completion of the Improvements (“Performance Security”). ii. Payment Security. An additional amount that is fifty percent (50%) of the total Cost Estimate, securing Subdivider’s payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials for the Improvements (“Payment Security”).
iii. Warranty. An additional amount of twenty-five percent (25%) of the total Cost Estimate, for the guarantee and warranty of the Improvements against any defective work or labor done, or defective materials, for a period of one (1) year following their completion and acceptance by City (“Warranty Security”). Upon Subdivider’s reasonable request, the Warranty Security may be provided after the Final Map is accepted but immediately prior to all public improvements being deemed complete and accepted by City.

B. Conditions of Security.
i. Bonds. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws.
ii. Irrevocable. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall provide that they may be released, in whole or part, only upon the written approval of City, as provided under the Subdivision Laws and subdivision C below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City.
iii. Replacement. If Subdivider seeks to replace any of the Securities, such replacement security shall: (1) comply with all requirements of this Agreement; (2) be provided by Subdivider to City; and (3) upon written acceptance by City, be deemed to be a part of this Agreement. Upon City’s acceptance of a replacement security, the earlier provided Security may be released.

C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release the Performance Security after recording a Notice of Completion for all the Improvements, or as may otherwise be authorized in accordance with the Subdivision Laws.
ii. Payment Security. The Payment Security may, six (6) months after the Notice of Completion is recorded by City, be reduced to an amount equal to the amount of all claims filed related to the Improvements and for which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.
iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following recordation of a Notice of Completion for the Improvements. If, however, City determines there are defects in the Improvements that require correction pursuant to Section 11 above, and Subdivider fails to correct such defects within a reasonable time, City may utilize the Securities to make all necessary corrections, including payment of reasonable expenses and attorney’s fees in connection with enforcement of any provision of this Agreement.

D. Records. Evidence of the Securities required by this Agreement shall be kept on file with City.

Section 13. Modified Improvements. In the event of changes to the Improvement Standards or other local, state or federal laws applicable to the Improvements occurring after the Effective Date, City reserves the right to require such modifications to Improvements not yet commenced by Subdivider. The modifications shall be incorporated into the Improvement Plans and resubmitted to City for approval prior to construction. Upon receiving written notification from City of the modified Improvements, Subdivider shall resubmit Improvement Plans to City. In the event City requires modifications to the Improvements, Subdivider shall provide an updated Cost Estimate for the Improvements and new Securities in accordance with the updated Cost Estimate, as may be required by City. This Section shall not apply to any Improvements for which Subdivider has already commenced construction.

Section 14. Default of Subdivider.

A. Breach. Subdivider shall be deemed to have materially breached this Agreement based on, but not limited to, any of the following occurrences: (i) failure to timely complete construction of the Improvements; (ii) failure to timely cure any defect in the Improvements to the satisfaction of City; (iii) failure to timely deposit additional Securities as may be required by this Agreement; (iv) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (v) the commencement of a foreclosure action against the Project or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or (vi) failure to perform any other material obligation under this Agreement, as determined by the Engineer.

B. Notice of Breach; Default. In the event of any material breach of this Agreement, City shall serve written notice upon Subdivider and Subdivider’s surety, if any, informing Subdivider and its surety of the breach. Subdivider shall have twenty (20) days from receipt of written notice by City to cure any breach. If the breach is not cured, or significant progress towards curing the breach is not made, Subdivider shall be considered in default.

C. Remedies; Performance by City.
i. In the event of Subdivider’s default under this Agreement, and the twenty (20)-day cure period has expired without such default having been cured, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes City to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of a default by Subdivider, City may (a) take over and complete the Improvements, by contract or by any other method chosen by City, at the expense of Subdivider, (b) Subdivider shall be liable to City for any excess cost or damages incurred by City, including but not limited to costs of suit and attorney’s fees, and (c) City may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all lots within the Project, or to rescind the approval or otherwise revert the Project to acreage. iii. The failure of City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider. iv. In addition to the remedies described in this Section, City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of City to draw upon or utilize the Securities is additional to and not inlieu of any other remedy available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of City.

D. Lien. In accordance with the Subdivision Laws (Gov. Code, § 66499), the recordation of this Agreement creates a lien attached to the Property underlying the Project and has the priority of a judgment lien in the amount necessary to complete the Improvements.

Section 15. Other Agreements for Improvements. Nothing contained in this Agreement shall preclude City from entering into agreements with Subdivider or other parties for the apportionment of costs of water or sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

Section 16. Indemnity.

A. No Liability. City elected and appointed councils, commissions, officers, agents, employees and representatives (“City Agents”) shall not be liable or responsible for any accident, loss or damage relating to the Improvements prior to completion of the Improvements.

All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.

B. Indemnity/Hold Harmless. City and City Agents shall not be liable, and Subdivider agrees to indemnify, hold harmless, and defend City and City Agents from any and all liability for claims of damage which may arise as a result of any negligent acts or omissions by Subdivider or its agents, contractors, or employeesin connection with the construction or operation of the Improvements. This indemnification and agreement to hold harmless shall extend to (i) injuries to persons and property, (ii) the taking of property resulting from the design or construction of the Project and the Improvements, and (iii) injuries to adjacent property owners as a consequence of the construction of the Project and the Improvements. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage covered by this Section.

C. Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless City and City Agents from any claim, action, or proceeding to attack, set aside, void, or annul, any approval by City concerning the Project. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by Subdivider. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvements.

D. Design Defects. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this paragraph shall remain in full force and effect for ten (10) years following acceptance by City of the Improvements. It is the intent of this Section that Subdivider shall be responsible for all liability for design and construction of the Improvements pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting the Improvements.

Section 17. Insurance. Prior to commencing work on the Improvements, Subdivider shall present to City proof of insurance for the following policies, in a form acceptable to City.

A. Commercial General Liability. No less than Two Million Dollars ($2,000,000.00) per occurrence and an aggregate limit of not less than Four Million Dollars ($4,000,000.00). Such insurance shall also:
i. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to City and City Agents.
ii. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.

B. Automotive Liability Insurance. No less than Two Million Dollars ($2,000,000.00) for each occurrence. Such insurance shall also:
i. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to City and City Agents.
ii. Be primary with respect to any insurance or self-insurance programs covering City and City Agents; and
iii. Workers’ Compensation and Employers’ Liability Insurance.

Subdivider and its subcontractors shall, to the extent required by California law, maintain workers’ compensation insurance and, to the extent applicable, Employer’s Liability Insurance. The Employer’s Liability Insurance shall be no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

Section 18. Administration. The department director primarily responsible for the Project shall interpret and administer this Agreement on behalf of City (“Director”). Any decision by the Director may be appealed to the City Manager. Should a disagreement arise between the Parties with respect to the City Manager’s interpretation or administration of any provision of this Agreement, such decision may be appealed to the City Council within fifteen (15) days of the City Manager's decision.

Section 19. Notices. Any notice or communication pertaining to this Agreement shall be sent to the addresses below in writing and delivered personally; or deposited with a courier service or in the United States mail. All notices and communications sent by personal delivery, courier service, or mail shall be accompanied by a copy sent by email to the addresses specified below. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been received on the first to occur of (A) actual receipt by any of the addressees specified below, or (B) three (3) days after a registered or certified letter containing such notice, properly addressed, is deposited in the United States mail. If given by courier service, a notice or communication shall be deemed to have been received on the date delivered as shown on a receipt issued by the courier. Either Party may update the contact information below at any time.

If to City:
with copies to:

If to Subdivider:

City of Riverbank
6707 Third St.

Riverbank CA 95367
Attn: Community Development Director
Email: [email protected]
City of Riverbank
6707 Third St.

Riverbank CA 95367
Attn: City Clerk
Email: [email protected]
White Brenner LLP
1608 T St.

Sacramento, CA 95811
Email: [email protected]
LGI Homes – California, LLC
Attn: Evan Licht & Jonathan Liesch
2251 Douglas Blvd, Suite 110
Roseville, CA 95561
Email: [email protected] &
[email protected]
Section 20. General Provisions:

A. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and the Sections contained in this Agreement, the Sections shall prevail.

B. Governing Law; Venue. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for Stanislaus County.

C. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Subdivision Laws, Improvement Standards, and all federal, state and local labor laws. Subdivider shall, at its expense, be responsible for obtaining all applicable licenses and permits.

D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

E. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

F. Integration. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter contained herein.

G. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

H. Calendar Days. Unless otherwise specified, all “days” referred to in this Agreement are calendar days.

I. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents, contractors, or employees are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

J. Assignment. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of City. City shall not release any Security given to secure the performance of any Improvements not assigned.

K. Covenant Running With the Land. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

L. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

M. Further Acts. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

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

O. Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity that (i) they have legal or equitable title to the applicable parcels subject to this Agreement; (ii) they are authorized to enter into this Agreement, and (iii) they have complied with all requirements under state or federal law for such person or entity to execute this Agreement.

P. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to review this Agreement and to have such provisions reviewed by legal counsel. Therefore, any rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing this Agreement.

Q. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

R. Modification. This Agreement may be amended only by a written instrument signed by the Parties. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

S. Exhibits. All exhibits attached hereto are incorporated into and made part of this Agreement:

Exhibit A: Legal Description of Property
Exhibit B: Cost Estimate for Improvements
Exhibit C: Performance Security
Exhibit D: Payment Security
Exhibit E: Warranty Security
[ Signatures on following page ]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates signed below.

CITY:

City of Riverbank,
a California municipality
By:

Marisela Garcia, City Manager
Date:

ATTEST:

By:

Print: ______
City Clerk
SUBDIVIDER:

LGI Homes – California, LLC,
a California limited liability company
By:

Print:

Title:

Date: __________________
APPROVED AS TO FORM:

By:

Print: ______
City Attorney

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________________before me, ______________________________, a notary public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person9s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

EXHIBIT A
Legal Description of Property

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:

That certain parcel shown as "Designated Remainder" on the Map entitled "River's Edge - South': filed for record March 5, 2024 in Book 58 of Maps at Page 91, in the Office of the County Recorder of Stanislaus County.

APN: 062-020-040-000
PARCEL TWO:

That certain parcel shown as "Lot A" on the Map entitled "River's Edge - South': filed for record March 5, 2024 in Book 58 of Maps at Page 91, in the Office of the County Recorder of Stanislaus County.

APN: 062-020-038-000
PARCEL THREE:

That certain parcel shown as "Designated Remainder" on the map entitled "River's Edge - North" filed for record March 5, 2024 in Book 58 of Maps, Page 92, in the Office of the County Recorder of Stanislaus County.

Excepting therefrom that portion thereof shown as "2' Fee Simple Dedication for Central Avenue': lying within the westerly 2 feet of said Designated Remainder, as dedicated to and accepted by the City of Riverbank, in fee, on the map entitled "River's Edge - North" filed for record March 5, 2024 in Book 58 of Maps, Page 92, in the Office of the County Recorder of Stanislaus County.

APN: 062-020-037-000
JOB #141610
AUGUST 13, 2024
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT
A. SITE PREPARATION

1. MOBILIZATION LS 1 $15,000.00 $15,000.00

2. SITE CLEARING & GRADING LS 1 $20,912.00 $20,912.00

3. TRAFFIC CONTROL LS 1 $10,000.00 $10,000.00

4. REMOVE EX. BARRICADE LF 33 $8.00 $264.00

5. SAWCUT EXISITNG PAVEMENT LF 628 $1.50 $942.00

6. REMOVE EXISTING PAVEMENT SF 629 $2.50 $1,572.50
---------------------
SUB-TOTAL $48,690.50
B. WATER

1. 8" WATER LF 649 $75.00 $48,675.00

2. 8" WATER VALVE EA 3 $2,200.00 $6,600.00

3. 12" WATER LF 660 $100.00 $66,000.00

4. 12" WATER VALVE EA 5 $4,500.00 $22,500.00

5. FIRE HYDRANT W/ RUN, BURY, & VALVE EA 4 $7,800.00 $31,200.00

6. CONNECT TO EXISTING EA 3 $2,500.00 $7,500.00

7. 1" WATER SERVICE EA 35 $2,000.00 $70,000.00

8. CONNECT 1" WATER SERVICE TO EXISTING WATER LINE EA 3 $3,500.00 $10,500.00 ---------------------
SUB-TOTAL $262,975.00
C. STORM DRAIN

1. 12" STORM LF 150 $60.00 $9,000.00

2. STANDARD MANHOLE EA 1 $4,750.00 $4,750.00

3. STANDARD CATCH BASIN EA 6 $3,200.00 $19,200.00

4. CONNECT TO EXISTING MANHOLE EA 4 $2,500.00 $10,000.00

5. CONSTRUCT STANDARD MANHOLE ON EXISITNG STORM EA 1 $2,500.00 $2,500.00

6. STUB AND PLUG STORM DRAIN EA 1 $1,000.00 $1,000.00
---------------------
SUB-TOTAL $46,450.00
D. SEWER

1. 6" SEWER LF 1,128 $65.00 $73,320.00

2. STANDARD MANHOLE EA 8 $4,750.00 $38,000.00

3. STANDARD LAMPHOLE EA 4 $2,500.00 $10,000.00

5. 4" SEWER LATERALS EA 34 $1,500.00 $51,000.00

6. CONNECT 4" SEWER LATERALS TO EXISITING SEWER EA 4 $2,200.00 $8,800.00

7. CONSTRUCT SEWER MANHOLE ON EXISTING SEWER EA 3 $3,000.00 $9,000.00 ---------------------
SUB-TOTAL $190,120.00

ENGINEER'S BOND ESTIMATE
FOR

RIVER'S EDGE

RIVERBANK, CALIFORNIA
36 LOTS

EXHIBIT B
Cost Estimate for Improvements

ENGINEER'S BOND ESTIMATE

RIVER'S EDGE
36 LOTS
AUGUST 13, 2024
PAGE 2
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT
E. CONCRETE

1. 6" VERTICAL CURB & GUTTER LF 1,895 $27.00 $51,165.00

2. ROLLED CURB LF 1,361 $27.00 $36,747.00

3. 5' SIDEWALK INCLUDING RETURNS SF 17,515 $7.00 $122,605.00

4. ACCESSIBLE RAMP (LABOR ONLY) EA 6 $900.00 $5,400.00

5. STANDARD RESIDENTIAL DRIVEWAY EA 13 $1,500.00 $19,500.00

6. 73' WIDE RESIDENTIAL DRIVEWAY EA 1 $3,500.00 $3,500.00

7. ROLLED CURB RESIDENTIAL DRIVEWAY EA 24 $1,200.00 $28,800.00 ---------------------
SUB-TOTAL $267,717.00
F. PAVEMENT

1. 2.5" AC / 4" AB SF 28,184 $4.00 $112,736.00

2. 3" AC / 6" AB SF 26,716 $4.50 $120,222.00

3. MONUMENT WELL EA 10 $350.00 $3,500.00
---------------------
SUB-TOTAL $236,458.00
G. ELECTROLIERS

1. 60W LED ELECTROLIERS EA 6 $5,200.00 $31,200.00
---------------------
SUB-TOTAL $31,200.00
H. MISCELANEOUS

1. PAVEMENT STRIPING & SIGNAGE LS 1 $8,500.00 $8,500.00

2. EROSION CONTROL LS 1 $15,000.00 $15,000.00

3. MASONRY RETAINING WALL LF 692 $180.00 $124,560.00

4. BASIN EXPANSION LS 1 $750,000.00 $750,000.00

5. BARRICADE AND HEADERBOARD LF 20 $46.00 $920.00
---------------------
SUB-TOTAL $898,980.00
CONSTRUCTION TOTAL============> $1,982,590.50
10% CONTINGENCY============> $198,259.05
CONSTRUCTION GRAND TOTAL============> $2,180,849.55
PREPARED BY_____KA_______
REVIEWED BY_____MR________
K:\141610 River's Edge\Engineering\Estimates\2024.08.13 BOND.xls

EXHIBIT C
Performance Security

EXHIBIT D
Payment Security

EXHIBIT E
Warranty Security

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.6
SECTION 9: CONSENT CALENDAR
Meeting Date: October 14, 2025
Subject: Resolution to Approve a Final Map for the River’s Edge Subdivision – APNS: 062-020-037, -038, & -040
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Final Map for the River’s Edge Subdivision (LGI Homes – California, LLC) upon finding that the map is in substantial conformance with the provisions of the Subdivision Map Act, the Riverbank Municipal Code, and the conditions of approval established by Vesting Tentative Subdivision Map 02-2023.

BACKGROUND
The developer, LGI Homes – California, LLC, has submitted a request to record the Final Map for the 36-lot single-family residential subdivision known as River’s Edge. The project site is located on Central Avenue, between Santa Fe Street and Patterson Road (see Exhibit A of Attachment 1 – City Council Resolution 2025-xx). The property is identified as Stanislaus County APNs 062-020-037, -038, & -040, with a physical address of 6472 Central Avenue.

On October 17, 2023, the Planning Commission adopted Resolution No. 2023-015, approving Vesting Tentative Subdivision Map 02-2023 (McRoy-Wilbur Communities, Inc.) with related conditions of approval. These conditions establish the infrastructure obligations and requirements for development and buildout of the 36 residential lots on an 8.55-acre site (see Attachment 2 – Planning Commission Resolution No. 2023-015 with Tentative Map). The project’s Subdivision Improvement Agreement (SIA) is being processed concurrently and is included on the same City Council agenda as this Final Map request under Item 9.4

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Item 9.6 – CC/LRA – 10/14/2025

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Item 9.6– CC/LRA – 10/14/2025

FINDINGS & REVIEW
Pursuant to Riverbank Municipal Code Section §152.074(C)(2), the City Council shall approve a Final Map if it determines the map conforms to the provisions of State law and the City’s subdivision regulations. If it does not conform, the Council must deny the map and provide written reasons for its decision.

The City Engineer and Community Development Director have reviewed the Final Map (see Exhibit A of Attachment 1 – City Council Resolution 2025-xx) and confirmed that it substantially complies with City standards and the conditions established in the approved Tentative Map. The developer has also submitted security bonds and an engineer’s estimate of the remaining improvements to be constructed. City staff has reviewed and verified the estimate and bond amounts to ensure they appropriately reflect the cost of unfinished improvements.

In accordance with the State Subdivision Map Act and the Riverbank Municipal Code, new residential subdivisions must provide parkland or pay in-lieu fees to ensure adequate recreational facilities are available for future residents. For the proposed 36-lot subdivision, the estimated parkland obligation is approximately 0.63 acres. This requirement may be met either through the dedication of land within the subdivision or by payment of in-lieu park fees at the time the Final Map is recorded.

ENVIRONMENTAL REVIEW (CEQA)
The action of approving a Final Map by the City Council is exempt under the California Environmental Quality Act (CEQA); Statutory Exemptions, Section 15268(b)(3) Ministerial Projects. Therefore, no further environmental review is required. Upon approval of the Final Map by the City Council, a Notice of Exemption will be filed with the Stanislaus County Clerk-Recorder’s office.

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with approval of the Final Map. The cost of map review, including staff time for engineering and planning review, is fully funded by the applicant through a deposit account established for this project. These funds are used to reimburse City staff and consultants for their time and ensure that the processing of the Final Map does not draw on General Fund resources.

ATTACHMENTS

1. City Council Resolution 2025-
Exhibit A: River’s Edge Final Map

2. Planning Commission Resolution No. 2023-015 with Tentative Map ATTACHMENT 1

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CC/LRA – 10/14/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025 -

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING THE FINAL MAP FOR THE RIVER’S EDGE SUBDIVISION AT 6472 CENTRAL AVENUE (APNS 062-020-037, -038, & -040)

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 River’s Edge Final Map; and
WHEREAS, on October 17, 2023, the Planning Commission adopted Resolution No. 2023-015 approving Vesting Tentative Subdivision Map No. 02-2023 (Mcroy-Wilbur Communities, Inc.) for thirty-six (36) residential lots on 8.55± acres of land within the city limits of Riverbank; and
WHEREAS, the City has now received a Final Map application to subdivide the approximately 8.55± acre site into thirty-six (36) residential lots at the subject site; and WHEREAS, the estimated parkland obligation for the 36-lot residential subdivision is 0.63 acres; and
WHEREAS, the City Engineer and Director of Community Development have reviewed the Final Map and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the Tentative Map; and WHEREAS, pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Engineer to record the River’s Edge Final Map (Exhibit A) for LGI Homes – California, LLC upon determination that the map is in conformity with the provisions of state law.

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CC/LRA – 10/14/2025
CC Resolution 2025-
AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez, CMC Rachel hernandez
City Clerk Mayor
Attachment: Exhibit A - Final Map
PRELIMINARY FOR REVIEW ONLY ☐ ☐ PRELIMINARY EXHIBIT A

PRELIMINARY FOR REVIEW ONLY

PRELIMINARY FOR REVIEW ONLY
City of Riverbank
Planning Commission
Resolution No. 2023-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RIVERBANK APPROVING VESTING TENTATIVE MAP 02-2023
TO SUBDIVIDE 8.55 ACRES INTO 36 PLANNED DEVELOPMENT

SINGLE FAMILY RESIDENTIAL LOTS, LOCATED AT
6612 AND 6472 CENTRAL AVENUE APN: 062-020-018 AND 062-020-031 WHEREAS, a vesting tentative map application has been received from McRoy-Wilbur Communities, Inc., to divide a parcel (APNs 062-020-018, -031) of 8.55 acres, into 36 Planned Development single family residential lots, residential streets and a basin; and WHEREAS, the project site is currently zoned Single Family Residential (R-1) and the application includes a request to rezone the property to Planned Development (PD); and WHEREAS, the property has a General Plan land Use designation of Medium Density Residential (MOR) and the application also includes a request for a General Plan Amendment to redesignate the property as lower Density Residential (LOR); 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 City has chosen to accept the payment of 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 0.31 acres; and WHEREAS, the proposed tentative map is consistent with the following General Plan policies discussed at length in the staff report: Policy Design 1.6, Policy Design 3.2, and Policy Design 5.1; and
WHEREAS, Vesting Tentative Map 02-2023 was reviewed by the Riverbank Planning Commission at a regular meeting held on October 17, 2023 in the manner prescribed by law; and WHEREAS, the Planning Commission did consider a proposed Exemption pursuant to the California Environmental Quality Act and considers this to be the appropriate level of environmental review in this case. The Planning Commission finds that the proposed project is exempt from further analysis pursuant to CEQA Guidelines Section 21159.21 (a-j) Exemption for Qualified Housing Projects.; and
WHEREAS, the Riverbank Planning Commission recommends approval of the requested Vesting Tentative Map date-stamped September 13, 2023, prepared by Benchmark Engineering, Inc., modified by adopted Conditions of Approval, and incorporated herein as a part of this Planning Commission Resolution; and
Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

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ATTACHMENT 2
WHEREAS, the Planning Commission of the City of Riverbank hereby finds and adopts the following findings:

A. The project is consistent with the General Plan with modification by the adopted Conditions of Approval.

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

C. Pursuant to the California Environmental Quality Act, the proposed project is exempt from further analysis pursuant to CEQA Guidelines Section 21159.21 (a-j) Exemption for Qualified Housing Projects.

D. The approval of Vesting Tentative Map 02-2023 to divide parcels APN 062-020-018 AND 062-020-031 of 8.55 acres, into 36 single family lots will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood in that the project is similar to, and compatible with, neighboring uses in the area.

WHEREAS, the request for the Vesting Tentative Map is hereby recommended for conditional approval by the Planning Commission of the City of Riverbank, 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 (currently in process), or receive confirmation from the Community Development Director that a specific condition or conditions does not apply to the subject project; and

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

3. Three (3) sets of landscape and irrigation plans conforming to the state's MWELO requirements shall be prepared and submitted with fee for review and approval by the City's contract landscape architect before Final Map; and

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

5. The location of any 010 facilities shall be shown and any proposed relocation or improvements including easements; and

6. All existing overhead electrical shall be placed underground; and

7. Applicant 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 0.3 acres; and Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

Page 1 of 3 ends

8. All wet utilities are to be cleaned, tested, and videotaped prior to acceptance by the City of Riverbank; and

9. Street names shall be approved by City Council on the Final Map; and

10. An automatic fire system shall be provided for all Group R occupancies. CFC 903.2.8; and

11. Buildings shall be provided with proper address identification in accordance with the California Fire Code as amended by the Stanislaus Consolidated Fire Protection District. CFC 505.1; and

12. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into the jurisdiction. All fire apparatus access roads shall meet the design requirements of the California Fire Code. CFC 503.1.1; and

13. During construction, Fire apparatus access roads shall be clearly marked with notices or markings that include the words NO PARKING - FIRE LANE. The markings shall be clean and legible at all times. CFC 503.3; and

14. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to the site. CFC 507.1; and

15. Fire apparatus access roads and a water supply for fire protection shall be installed and made serviceable prior to and during the time of construction. CFC 501.4; and

16. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two (2) times per day; and

17. All haul trucks transporting soil, sand, or other loose material off-site shall be covered; and

18. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; and

19. All vehicle speeds on unpaved roads shall be limited to fifteen (15) miles per hour; and

20. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binding are used; and

21. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes. Clear signage shall be provided for construction workers at all access points; and

22. All construction equipment shall be maintained and properly tuned in accordance with manufacture's specifications. All equipment shall be checked by a certified visible emissions evaluator; and
Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

Page 1 of 3 ends

23. Post a publicly visible sign with the telephone number and person to contact at the Air District regarding dust complaints. The Air District shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations; and

24. Applicant shall comply with San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review; and

25. If potential human remains are encountered, the construction contractor shall halt work in the vicinity (within 100 feet) of the find and contact the City of Riverbank. The project applicant and/or contractor shall be required to contact the Stanislaus County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5, If the coroner determines the remains are Native American, the coroner would contact the Native American Heritage Commission (NAHC). As provided in Public Resources Code Section 5097.98, the NAHC would identify the person or persons believed to be most likely descended from the deceased Native American. The most likely descendent makes recommendations for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; and

26. Consistent with the requirements of the City of Riverbank Municipal Code, the National Pollutant Discharge Elimination System (NPDES) Construction General Permit, the project applicant shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts on surface water quality through the project construction period. The SWPPP shall be designed to address the following objectives:
a. All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity, are controlled using source control and treatment control best management practices (BMPs).
b. Where not otherwise permitted by the Regional Water Quality Control Board, all nonstormwater discharges are identified and eliminated. c. BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity in accordance with the Construction General Permit; and

27. The project applicant shall fully comply with the City of Riverbank Municipal Code and all Regional Water Quality Control Board stormwater permit requirements, including Provision C.3 of the Municipal Regional Permit (MRP). This will require preparation and implementation of a complete Stormwater Control Plan (SCP) for the project, which shall be submitted to the City Engineer for review and approval prior to any construction activity. The SCP shall act as the overall program document designed to provide measures to mitigate potential water quality impacts associated with the operation of the proposed project and shall be designed to comply with both MRP and City of Riverbank requirements. At a minimum, the SCP for the project shall include the following:
a. An inventory and accounting of existing and proposed impervious areas. b. Low Impact Development (LID) design details incorporated into the project. Specific LID Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

Page 1 of 3 ends

design details may include but are not limited to rain gardens, bio retention areas, pervious pavements, harvesting and reuse of stormwater, dispersal of runoff to landscaped areas, and/or routing of runoff swales and other small-scale facilities distributed throughout the site.
c. Measures to address potential stormwater contaminants. These may include measures to address potential sources of stormwater pollutants at the project site, covering trash collection and parking areas.
d. A Draft Stormwater Facility Operation and Maintenance Plan for the project site, which shall include periodic inspection and maintenance of the storm drainage system. Persons responsible for performing and funding the requirements of this plan shall be identified. This plan shall be finalized prior to the issuance of any building permits for the project; and

28. Construction equipment shall be well maintained to be as quiet as possible. The following measures, when applicable, shall be implemented to reduce noise from construction activities:
a. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment.
b. "Quiet" models of air compressors and other stationary noise sources shall be used, where technology exists.
c. Stationary noise-generating equipment shall be located as far as feasible from sensitive receptors (neighboring dwellings).
d. Unnecessary idling of internal combustion engines shall be prohibited. e. Staging areas and construction material storage areas shall be located as far away as possible from adjacent sensitive land uses (neighboring dwellings). f. Construction-related traffic shall be routed along major roadways (Claus Road and Kentucky Avenue) and as far as feasible from sensitive receptors. g. Residences or noise-sensitive land uses adjacent to construction sites shall be notified of the construction schedule in writing. The construction contractor shall designate a "construction liaison" that would be responsible for responding to any local complaints about construction noise. The liaison shall determine the cause of the noise complaints (e.g., starting too early, bad muffler, etc.) and shall institute reasonable measures to correct the problem. The construction contractor shall conspicuously post a telephone number for the liaison at the construction site.
h. The construction contractor shall hold a pre-construction meeting with the job inspectors and the general contractor/on-site project manager to confirm that noise mitigation and practices (including construction hours, construction schedule, and construction liaison) are completed.

NOW THEREFORE, BE IT RESOLVED by the City of Riverbank Planning Commission approves Vesting Tentative Map No. 02-2023, subject to the above Conditions of Approval established by this Resolution and to be recorded as modified.

Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

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PASSED AND ADOPTED by the Planning Commission of the City of Riverbank at a meeting held on the 17th of October, 2023; motioned by Commissioner . oinan , seconded by Commissioner __yunora �---' and upon roll call was carried by the following vote of S.:J) AYES: Commissioners Basso, Dinan, Stewart, Zamora, and Reuben NOES:

ABSENT:

ABSTAIN:

Attest:

Donna M. Kenney
Planning and Building M
Approved:
a Basso, Chairperson
Planning Commission
Attachment Exhibit A - Vesting Tentative Map 02-2023
Riverbank Planning Commission
October 17, 2023
Resolution No. 2023-015

Page 1 of 3 ends

VESTING TENTATIVE SUBDIVISION MAP FOR:

RIVERS EDGE l ~~,R
1-------'------
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RIVERBANK, CALIFORNIA
BEING A DIVISION OF PORTION OF LOTS 265 AND 271 AS SHOWN ON THAT MAP OF "RIVERBANK IRRIGATED FARMS" FILED IN VOLUME 7 OF MAPS AT PAGE 23, STANISLAUS COUNTY RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN CITY OF RIVERBANK, STANISLAUS COUNTY, STATE OF CALIFORNIA.

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DEDICATED TO

THE CITY OF

RIVERBANK
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OWNERS

HECTOR E GARCIA
6472 CENTRAL AVENUE
RIVERBANK, CA 95367

DANIEL VIDAL
6612 CENTRAL A VENUE
RIVERBANK, CA 95367
McROY-WILBUR

SUBDIVIDER
COMMUNITIES, INC.
2909 COFFEE ROAD, SUITE 12A
MODESTO, CA 95355

STATEMENT OF SUBDIVIDER
1 ASSESSORS PARCEL NO: 062-020-018, 062-020-031
2 EXISTING ZONING: R-1
3 PROPOSED ZONING: PD
4 EROSION CONTROL PER CASQA STANDARDS AND CITY OF RIVERBANK ORDINANCES

AND STANDARDS
5 FRONT YARD DEPTHS ANO BUILDING SETBACK LINES PER CITY OF RIVERBANK

ORDINANCES AND STANDARDS
6 WATER SUPPLY: BY CITY OF RIVERBANK.
7 SEWAGE DISPOSAL: BY CITY OF RIVERBANK.
8 STORM DRAINAGE.· BY CITY OF RIVERBANK.
9 TREE TYPE AND LOCATION SHALL BE DETERMINED BY CITY OF RIVERBANK. 10 ALL IMPROVEMENTS AND PUBLIC FACILITIES WILL BE INSTALLED OR CONSTRUCTED AT THE TIME OF DEVELOPMENT. ALL IMPROVEMENTS SHALL BE CONSTRUCTED IN COMPLIANCE WITH THE MUNICIPAL CODE. REGULATIONS, AND RIVERBANK CITY STANDARDS.
11 A REZONE APPL/CATION HAS BEEN FILED CONCURRENTLY WITH THIS MAP. 12 LOT A IS INTENDED TO BE USED TO EXPAND THE EXISTING BASIN. IT SHALL BE DEDICATED TO THE CITY OF RIVERBANK.

NOTES:
1 STREET IMPROVEMENTS SHALL BE INSTALLED PER CITY OF RIVERBANK STANDARD SPECIF/CATIONS.
2 ALL EXISTING WELLS AND SEPTIC TANKS SHALL BE REMOVED AND/OR ABANDONED AS PER STANISLAUS COUNTY ENVIRONMENTAL RESOURCES DEPT. STANDARDS 3 THE SITE RISES TO THE SOUTH TO MEET RAILROAD GRADE. THE REST OF THE SITE IS RELATIVELY FLAT WITH SOME MOUNDING.
4 EXISTING IMPROVEMENTS SHOWN WERE ACQUIRED FROM RECORD INFORMATION AND SHALL BE VERIFIED IN THE FIELD.
5 TOTAL AREA OF THIS SUBDIVISION IS 8.5 ACRES± (5.36 UNITS/NET ACRE) CONTAINING 36 RESIDENTIAL LOTS WITH 4 ADDITIONAL LOTS (LOTS A-D). 6 THE SUBDIVIDER HERBY RESERVES THE RIGHT TO FILE MULTIPLE SUBDIVISION MAPS AS SET FORTH BY THE SUBDIVISION MAP ACT, ARTICLE 4, SECTION 66456. 1. 10· ROW
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Page 1 of 2 ends

Item 10.1–CC/LRA – 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: October 14,2025
Subject: Appeal Hearing for a City Issued Code Violation of Fireworks Section 92.30 (B) – Use, Possession, Discharge of Illegal Fireworks
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, CMC, City Clerk

RECOMMENDATION
It is recommended that the City Council consider the appeal request and any oral, written, video, or photographic evidence presented by the Appellant and by the City to determine whether to uphold or dismiss the related Administrative Citation issued by the City for violation of the Riverbank Municipal Code.

SUMMARY
After violations are identified and documented by Riverbank Police Services, administrative citations are issued by City staff. The primary goal is to achieve compliance with State or Municipal Codes and regulations in a timely and efficient manner, while protecting the public health, safety, and welfare of citizens. Additionally, this process provides a method to hold parties accountable when they fail or refuse to comply with these provisions. It minimizes the expense and delay of pursuing compliance through the civil or criminal justice system and allows the City to partially recover its costs associated with bringing the responsible party into compliance.

Sgt. Hickman will provide a brief overview of the 2025 Illegal Firework Enforcement Strategy, which is utilized by Riverbank Police Services to identify violations and outline the procedures for processing them. Since this incident involves a second violation, Deputy Tovar will present the details of the initial violation in this case.

BACKGROUND
No Public Hearing Notice is required to be published for the purpose of this Hearing.

Page 2 of 2 ends

Item 10.1–CC/LRA – 10/14/2025
The City Clerk received one appeal request (Attachment 1) for Notice of Violations and related administrative citation fines issued to residents, by the City, that have been determined to have violated the Riverbank Municipal Code. The Appeals Board held a Public Hearing on Tuesday, September 16, 2025 at 5:30pm in the Council Chambers.

The Appeals Board unanimously voted 4/0 to uphold the citation and have the fine paid within 7 days of the decision.

The Appellant can appeal the decision made by the Appeals Board to the City Council, if received and filed with the City Clerk within 7 days of receiving the decision letter.

In accordance with Policy, a notice was sent via Electronic Mail and mailed via U.S. Postal Mail Service to the appellant that clearly indicated the date, time, location, and additional information of their scheduled hearing. The following appeal request is scheduled to be considered by the City Council:

ADMINISTRATIVE CITATION APPEAL HEARING LIST
October 14,2025
Citation No. NAME DATE OF

CITATION
LETTER

RIVERBA
NK

MUNICPA
L CODE

VIOLATION
NO.

FINE VIOLATION
2025-0442 Rose Marie
& George Sr
Hernandez
07/09/2025 Fireworks
Section

92.30 (B)
2 nd
Violation
$2,000
Fine
(Hearing
Deposit
Paid $500)
Use,
Possession,
Discharge of
Illegal
Fireworks

ATTACHMENTS

1. Application and Supporting Evidence for Appeal Hearing Request for Consideration by the Board.

ATTACHEMENT 1

Page 1 of 5 ends

Item 11.1– CC/LRA 10/14/2025

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: October 14, 2025
Subject: Resolution Approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit
From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Administrative Services Director Cheryl Stefani, Human Resources Analyst

RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving the Memorandum of Understanding between the City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit and provide direction regarding the Union’s request to apply the first Cost of Living Adjustment (COLA) retroactively to the pay period beginning September 19, 2025. While staff remains neutral on this request, it is important to note that had the MOU language updates not been completed, the MOU could have been presented at the September 23rd meeting; however, the provision allowing for a vacation cash-out in the first year of the contract would not have been included.

Council may wish to weigh the Union’s request for reciprocity on the COLA effective date against the benefit already extended to employees by allowing vacation cash-out in the current fiscal year.

SUMMARY
An agreement has been reached between the City of Riverbank and the Miscellaneous Employees Bargaining Unit for the Memorandum of Understanding (MOU) developed through mutual consent of both parties. The MOU details the terms and conditions of employment for the term of October 3, 2025 - June 30, 2027.

Page 2 of 5 ends

Item 11.1– CC/LRA 10/14/2025

BACKGROUND
The Miscellaneous Employees Bargaining Unit was first established in the City of Riverbank in 1972, and it is currently comprised of 38 employees, including both clerical and field personnel.

After reaching an agreement on the contract terms, the Union agreed to allow modifications to the MOU to correct references, align with current law, and add clarifications. The Union submitted their response on September 18, 2025; however, this was after the September 16 deadline to finalize items for the September 23rd City Council agenda, so the revised MOU could not be included. In their response, the Union also requested that employees be permitted to process a vacation cash-out in the first year of the agreement, since approval of the MOU would occur after July, the period when vacation cash-outs are normally allowed.

City staff presented Council with the option to allow employees a vacation cash-out in the first year of the agreement. The Council directed that employees could complete a vacation cash-out during the pay period ending October 31, 2025, and that the COLA increase would take effect starting with the pay period of October 3–17, 2025.

The Union has since asked that Council reconsider the effective date of the COLA. Their position is that they accommodated the City’s request for language revisions, which delayed the Council’s consideration from September 23rd to October 14th. Therefore, they are requesting that the COLA effective date be adjusted retroactively to September 19, 2025, as a form of reciprocity for that accommodation.

At this time, the two negotiating parties are requesting that the City Council consider the approval of the October 3, 2025 - June 30, 2027 Memorandum of Understanding between the City of Riverbank and the Miscellaneous Employees Bargaining Unit and provide direction regarding the Union’s request for retroactivity on the COLA effective date.

KEY TERMS OF THE AGREEMENT
The elements that comprise the agreement are as follows:

1. Section 1.03 Terms of the agreement:

October 3, 2025, to June 30, 2027.

2. Section 5.01 – Salary Adjustments - Cost of Living Adjustment:
a) Four percent (4%) COLA effective the pay period beginning October 3, 2025 b) Three percent (3%) COLA effective the first full pay period of July 2026.

3. Section 5.01 Salary Adjustment - Equity Adjustments:

Page 3 of 5 ends

Item 11.1– CC/LRA 10/14/2025
The City agrees to meet and confer with the Bargaining Unit following the completion of the Citywide Classification and Compensation Study to discuss potential equity adjustments.

4. Section 5.08 Compensatory Time Cash-Out Increase:

The City agrees to increase the cash-out from 40 hours to 50 hours with the constructive receipt safeguards in place.

5. Section 9.03 Vacation Cash-Out:

Employees covered by this MOU may cash out a maximum of thirty (30) hours of accrued vacation leave once per fiscal year. Vacation cash out shall only be requested during the first full pay period in July of each fiscal year. To be eligible for vacation cash out, the following criteria must be met:
• Vacation cash out must be done in thirty (30) hour increments. • Employee must have taken a minimum of thirty-six (36) hours of consecutive vacation leave the prior fiscal year.
• After cash out the employee’s accrued vacation leave balance must be a minimum of 250 hours.

6. Section 8.01 Tuition Reimbursement - Increase and Modification:

The City agrees to increase the tuition reimbursement to $2,500 and to include certifications and trade schools subject to prior approval of the Department and City Manager. All other qualifications will remain if applicable.

7. Section 5.14 Certification Pay:

The City agrees to add the following to the list of certification pays eligible for the 2.5% certification pay (max 1):
• Class B Driver’s License
• Qualified Applicator Certificate (QAC)
• Qualified Applicator License (QAL)

8. Creation Section 7.08 – Retirement Health Savings Account:

The City shall create the ability for employees to contribute directly to a Retirement Health Savings (RHS) account, without a contribution from the City.

9. Section 14.04 AI / Automation:

City agrees to provide advance written notice to the Union if the City plans to implement AI or automation that would eliminate bargaining unit work.

Page 4 of 5 ends

Item 11.1– CC/LRA 10/14/2025

10.Section 8.03 Safety Boots Reimbursement - Within 6-month Probation:

City agrees to allow probation employees to receive safety boot allowance.

11.Section 8.03 Safety Boots Reimbursement – Increase and Removal of Jackets:

The City is willing to increase boot reimbursement to $350. Removal of the language regarding the Winter Jacket.

12.Section 8.03 Safety Boots Reimbursement - Allow the use of City Accounts:

The City agrees to allow for the purchase of safety boots on a City accounts with preapproval from the Department Head and Assistant Finance Director.

The following are language updates within the MOU for clarification and/or correction:

13.Section 4.03 Pay Periods
Change pay day to Wednesday rather than Thursday. Language update to reflect the current practice.

14. Section 5.10 Standby Pay
Clarification regarding Holiday double-time pay.

15. Section 7.03 PERS Retirement
Updated for clarification regarding the employees' portion based on retirement tier with PERS.

16. Section 7.02 Employee Assistance Program
Update for clarification.

17. Section 9.02 Sick Leave
Update the section to comply with State Law based on legal counsel review.

18. Section 9.05 Bereavement Leave
Update to match recent changes in State Law.

FINANCIAL IMPACT
The financial impact for Year 1 associated with the negotiated items is as follows:

Page 5 of 5 ends

Item 11.1– CC/LRA 10/14/2025
Cost of Living Adjustment* 161,238.57
Vacation Cash Out 15,465.90
Tuition Reimbursement 6,000.00
Certification Pay 18,457.19
Boot Allowance 3,000.00
Total Cost (All Funds) $204,161.66
*Estimates based on first COLA increase effective pay-period beginning October 3, 2025

ATTACHMENT
The following items are attached to this report:

1. Resolution 2025-

2. October 3, 2025 – June 30, 2027 Memorandum of Understanding, Miscellaneous Employees Bargaining Unit

Page 1 of 2 ends

CC/LRA – 10/14/2025
CC Resolution 2025-

CITY OF RIVERBANK
RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS LOCAL UNION, AFL:CIO #1130 FOR THE TERM OF OCTOBER 3, 2025 TO JUNE 30, 2027, REGARDING THE

SALARIES, BENEFITS, HOURS, AND OTHER TERMS AND CONDITIONS OF

EMPLOYMENT

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

WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of the State of California provide that the salaries of employees of General Law cities may be fixed or increased by resolution; and
WHEREAS, Title I, Chapter 35 of the Riverbank City Code provides that the City Council may from time to time by resolution, change the compensation of employees of the City and by resolution adopt salary and wage scales; and WHEREAS, A Memorandum of Understanding regarding salaries, benefits, hours, and other terms and conditions of employment has been approved and executed by the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, and the City Manager; and
WHEREAS, the City Council of the City of Riverbank desires to adopt such Memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve and ratify the Memorandum of Understanding attached hereto and made a part hereof; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions contained herein pertaining to salaries, employee benefits, hours, and other terms and conditions of employment are, by this Resolution, made operable.

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

AYES:

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 10/14/2025
CC Resolution 2025-
NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez, CMC Rachel Hernandez
City Clerk Mayor
Attachment(s): Memorandum of Understanding
12914589.3 RI120-001

MEMORANDUM

OF UNDERSTANDING
between

THE CITY OF RIVERBANK
AND

THE REPRESENTATIVES OF THE

NORTHERN CALIFORNIA DISTRICT

COUNCIL OF LABORERS AND ITS

AFFILIATE,

CONSTRUCTION, PRODUCTION &

MAINTENANCE LABORERS
LOCAL UNION, AFL:CIO #1130
OCTOBER 3, 2025– JUNE 30, 2027
ATTACHMENT 2
2025
-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
2 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
3 RIVERBANK MUNICIPAL EMPLOYEE ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Section 1.00 – Memorandum Of Understanding __________________________________ 6

1.01 – Parties of Understanding............................................................................................................... 6

1.02 – General Conditions........................................................................................................................ 6

1.03 – Terms of Agreement...................................................................................................................... 6

1.04 – Reopener Clause........................................................................................................................... 6 Section 2.00 – Union Rights___________________________________________________ 7

2.01 – Agency Shop Agreement............................................................................................................... 7

2.02 – Union Orientation (AB 119) ........................................................................................................... 8 Section 3.00 – MANAGEMENT Rights___________________________________________ 8

3.01 – Management Rights ...................................................................................................................... 8 Section 4.00 – Hours Of Work _________________________________________________ 8

4.01 – Standard Work Periods ................................................................................................................. 8

4.02 – Exceptions to Standard Work Periods........................................................................................... 8

4.03 – Pay Periods ................................................................................................................................... 9 Section 5.00 –Salary And Compensation ________________________________________ 9

5.01 – Salary Adjustments........................................................................................................................ 9

5.02 – Employee Compensation Plan ...................................................................................................... 9

5.03 – Computation of Salary ................................................................................................................... 9

5.04 – Application of Salary Ranges and Rates....................................................................................... 9

5.05 – Deductions................................................................................................................................... 10

5.06 – Overtime Policy ........................................................................................................................... 10

5.08 – Compensatory Time .................................................................................................................... 11

5.09 – Callback Compensation............................................................................................................... 11

5.10 – Standby Pay ................................................................................................................................ 12

5.11 – Callback Rest Period ................................................................................................................... 12

5.12 – Attendance of Training Courses.................................................................................................. 12

5.13 – Longevity Pay .............................................................................................................................. 12

5.14 – Certification Pay .......................................................................................................................... 13

5.15 – Bilingual Pay................................................................................................................................ 13 Section 6.00 – Probationary Period____________________________________________ 13

6.01 – Probationary Period..................................................................................................................... 13

6.02 – Objective of Probationary Period................................................................................................. 13

6.03 – Rejection of Probationer.............................................................................................................. 13

6.04 – Rejection Following Promotion.................................................................................................... 13 Section 7.00 – Benefits______________________________________________________ 14

7.01 – Health Benefits ............................................................................................................................ 14

7.02 – Health Benefits CAP.................................................................................................................... 15

7.03 – PERS Retirement ........................................................................................................................ 15

7.04 – Life Insurance .............................................................................................................................. 16

7.05 – Employee Assistance Program ................................................................................................... 16

7.06 – Deferred Compensation .............................................................................................................. 16

TABLE OF CONTENTS
2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
4 7.07 – LIUNA National (Industrial) Pension Fund .................................................................................. 16

7.08 – Retirement health savings account ............................................................................................. 17 Section 8.00 – Reimbursements ______________________________________________ 17

8.01 – Tuition Reimbursement ............................................................................................................... 17

8.02 – Mileage Reimbursement.............................................................................................................. 17

8.03 – Safety Boots Reimbursement...................................................................................................... 17

8.04 – Personal Property Reimbursement ............................................................................................. 18 Section 9.00 – Leaves Of Absence ____________________________________________ 18

9.01 – Attendance .................................................................................................................................. 18

9.02 – Sick Leave ................................................................................................................................... 18

9.03 – Vacation....................................................................................................................................... 19

9.04 – Paid Holidays............................................................................................................................... 21

9.05 – Bereavement Leave .................................................................................................................... 22

9.06 – Workers’ Compensation Leave ................................................................................................... 22

9.07 – Military Leave .............................................................................................................................. 22

9.08 – Family Leave Acts ....................................................................................................................... 23

9.09 – Pregnancy Disability Leave ......................................................................................................... 23

9.10 – Employee’s Time Off to Vote....................................................................................................... 23

9.11 – Jury Duty and Subpoenas Leave ................................................................................................ 23

9.12 – Leave of Absence Without Pay ................................................................................................... 24

9.13 – Absence Without Leave............................................................................................................... 24 Section 10.00 – Personnel Practices___________________________________________ 24

10.01 – Performance Appraisals ............................................................................................................ 24

10.02 – Transfers.................................................................................................................................... 24

10.03 – Promotions ................................................................................................................................ 24

10.04 – Demotions ................................................................................................................................. 25

10.05 – Reinstatement ........................................................................................................................... 25

10.06 – Terminations.............................................................................................................................. 25

10.07 – Reappointments ........................................................................................................................ 26 Section 11.00 – Disciplinary Proceedings ______________________________________ 26

11.01 – Disciplinary Action; Definition .................................................................................................... 26

11.02 – Cause For Disciplinary Action ................................................................................................... 26

11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents ................... 26

11.04 – Right Of Appeal: Form............................................................................................................... 27

11.05 – Hearing ...................................................................................................................................... 27

11.06 – Representation .......................................................................................................................... 27

11.07 – Notices To Witnesses: Cost ..................................................................................................... 27

11.08 – Failure Of Employee To Appear At Hearing.............................................................................. 28

11.09 – Decisions ................................................................................................................................... 28

11.10 – Effect of Certain Disciplinary Actions ........................................................................................ 28 Section 12.00 – Grievance Procedures_________________________________________ 28

12.01 – Purpose ..................................................................................................................................... 28

12.02 – Matters Subject to Grievance Procedure .................................................................................. 29

12.03 – Informal Grievance Procedure .................................................................................................. 29

12.04 – Formal Grievance Procedure .................................................................................................... 29

12.05 – Conduct Of Grievance Procedure ............................................................................................. 29 Section 13.00 – Employer – Employee Relations_________________________________ 30

13.01 – Purpose ..................................................................................................................................... 30

13.02 – Definitions.................................................................................................................................. 30 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
5 13.03 – Designation and Recognition of Bargaining Representative..................................................... 31

13.04 – Bargaining Procedure................................................................................................................ 32

13.05 – Scope of Representation........................................................................................................... 32

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations 32

13.07 – No Discrimination ...................................................................................................................... 33

13.08 – Classifications Restricted from Representing Recognized Employee Organizations ............... 33

13.09 – Savings Clause.......................................................................................................................... 34 Section 14.00 – Miscellaneous Provisions ______________________________________ 34

14.01 – Outside Employment ................................................................................................................. 34

14.02 – Uniforms .................................................................................................................................... 34

14.03 – Contracting Unit Work ............................................................................................................... 34

14.04 – AI/ Automation ........................................................................................................................... 34 Section 15.00 – Agreement __________________________________________________ 34

15.01 – Entire Agreement....................................................................................................................... 34

15.02 – Severability of Provisions .......................................................................................................... 35

15.03 – Modifications, Amendments and Revisions............................................................................... 35

15.04 – Ratification................................................................................................................................. 35 endices___________________________________________________________________ 37 Appendix A ............................................................................................................................................. 37 Appendix B ............................................................................................................................................. 39 Appendix C ............................................................................................................................................. 41 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
6 Agreement Between

CITY OF RIVERBANK AND

RIVERBANK MUNICIPAL EMPLOYEES ASSOCIATION
SECTION 1.00 – MEMORANDUM OF UNDERSTANDING

1.01 – Parties of Understanding
This Memorandum of Understanding hereinafter referred as “MOU” is between the authorized representatives of the City of Riverbank, hereinafter referred to as the “City”, and the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, hereinafter referred to as the “Union”, the recognized employee organization for the classifications listed in Appendix “A” of this MOU.

This MOU complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State of California, in that the Employer-Employee representatives noted herein did meet and confer in good faith and did reach agreement on those matters within the scope of representation.

This MOU also complies with Ordinance No. 72-04 relating to Employer-Employee relations, as adopted and amended by the City Council of the City of Riverbank.

1.02 – General Conditions
This MOU does not modify or change the provisions of the Personnel Rules and Regulations of the City of Riverbank unless specific reference is made herein to modify or add to the existing Personnel Rules and Regulations.

This MOU does not modify existing salaries, benefits, hours and terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this MOU.

1.03 – Terms of Agreement
This MOU embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment for a two (2) year term. This MOU becomes effective on October 3, 2025, and will remain in effect until the end of the pay period that includes June 30, 2027, at which point the MOU will terminate.

1.04 – Reopener Clause
During the term of this agreement, the City shall have the ability to reopen the terms of this agreement if either of the following occur:

A. The City experiences unforeseen economic difficulties; or B. The City desires to change its current group health benefits provider and seeks to move to a defined employer contribution rather that the percentage based agreement discussed in Section 7.01 below. 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
7 SECTION 2.00 – UNION RIGHTS

2.01 – Agency Shop Agreement
A. Agency Shop Condition
Effective July 9, 2001, the Employer (City of Riverbank) agrees, in accordance with California State Law (SB739 – Government Code 3500-3510) to require all bargaining unit employees to either:

1. Join the Union and pay normal dues and initiation fees; or

2. Pay and “agency fee” in the amount of dues for representation by the Union in accordance with State Law.

B. Exclusions
The Agency Shop arrangement shall not apply to Management, confidential, or supervisory employees of the Employer.

In the event that a court of law invalidates the ability of the City to collect agency shop or fair share fees, the City shall stop any such collection of fees.

C. Conscientious Objectors
Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support public employee organizations, or shall not be required to join or support any public employee organization as a condition of employment.

D. Service Fee
The employee who is a conscientious objector may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to nonreligious, nonlabor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue Code, chosen by the employee from the following list of 3:

1. The United Way

2. The Salvation Army

3. San Joaquin County Food Bank
Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

E. Challenge of Fees
The employee organization must provide an explanation for the basis of the fees, a reasonable prompt opportunity for fee payers to challenge the fee amount before an impartial decision-maker, and an escrow account for amounts reasonably in dispute while a challenge is pending.

F. Record of Financial Transactions
The recognized employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency and to the employees who are members of the organization, within sixty (60) days after the end of the fiscal year, a detailed written financial report thereto in the form of a balance sheet and an operating statement, by a certified public accountant. An employee 2025-2027 LiUNA_MOU_FINAL
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8 organization required to file financial reports under the Labor-Management Disclosure Act of 1959 or required to file financial reports under Section 3546.5 may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports.

G. Duration of Obligation
Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the City of Riverbank and the recognized employee organization.

H. Hold Harmless
The Union shall indemnify and hold the City, its officers and employees harmless from any and all liability resulting from any claims, demands, lawsuits, or other action arising from compliance with the provisions of the Agency Shop agreement.

2.02 – Union Orientation (AB 119)
Every 120 days starting January 1, the City shall provide the Union with a roster of current bargaining unit member, identifying the member, whether they are an agency shop or union member. The City will provide two (2) business days’ notice prior to the orientation of a new bargaining unit member.

SECTION 3.00 – MANAGEMENT RIGHTS

3.01 – Management Rights
It is the exclusive right of the City to direct its employees, take disciplinary for proper cause, relieve its employees from duty because of lack of work or for other legitimate reason, classify and reclassify positions, and determine the methods, means, and personnel by which the City of Riverbank’s operations are to be conducted. In no event shall the exercise of these rights be contrary to any other applicable provision of the law.

SECTION 4.00 – HOURS OF WORK

4.01 – Standard Work Periods
The standard workday, exclusive of lunchtime, shall be eight (8) hours, and the standard workweek shall be forty (40) hours, to be worked within five (5) consecutive days. The workday for part-time employees shall be established as directed by the Department Head.

4.02 – Exceptions to Standard Work Periods
The City Manager is hereby authorized to designate other work periods and working hours for employees when, in his/her opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours. The procedure for making adjustment in the standard work periods and hours shall be consistent with the provisions of §3504.5 of the Government Code. (Government Code Section 3504.5 provides that, except in cases of emergency, notice and an opportunity to meet and confer shall be given prior to enacting any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation.) The City has the right to re-open on the subject of a 9/80 work schedule during the term of this Agreement.
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9 4.03 – Pay Periods
The pay period for all employees shall be bi-weekly and salaries will be paid every other Wednesday of each month.

Except for employees being terminated, salaries will be paid only on regular pay days, unless early payment is approved by the Chief Personnel Officer. Employees leaving the municipal service will be paid by the following payroll period following the date of termination, retirement, or resignation. Before the employee receives the final check, the Finance Director will have written clearance from the Department concerned that said employee has returned all City-owned tools, clothing, keys, and equipment.

The method of distributing payroll checks shall be established by the Chief Personnel Officer.

SECTION 5.00 –SALARY AND COMPENSATION

5.01 – Salary Adjustments
Following ratification by both the City and the membership. The City agrees to adjust salary ranges of all job classifications covered by this MOU as follows:

1. Effective the pay period beginning October 3, 2025 the salary ranges shall increase as provided in Appendix A to reflect a four percent (4%%) cost of living adjustment (COLA).

2. Effective the first full pay period of July 2026 the salary ranges shall increase as provided in Appendix B to reflect a three percent (3%) cost of living adjustment (COLA).

The City agrees to meet and confer with the Bargaining Unit following the completion of the Citywide Classification and Compensation Study to discuss potential equity adjustments.

5.02 – Employee Compensation Plan
An Employee Compensation Plan shall be established to provide salary schedules, salary rates, salary ranges, and steps and time intervals for salary review. Each class in the City Classification Plan shall be assigned a salary range or a rate established by the Compensation Plan. All persons employed by the City shall be compensated in accordance with the Compensation Plan then in affect and appended hereto as Appendix “A”, and “B”.

5.03 – Computation of Salary
Salary rates for all authorized City positions are set forth in the Employee Compensation Plan. In the conversion table included in the Plan, hourly rates are based on 2,080 hours per year.

5.04 – Application of Salary Ranges and Rates
A. Appointment
All initial appointments to classes assigned a pay range in the City Compensation Plan shall be at the first step of the salary range, provided that the Chief Personnel Officer may make an appointment to a position at an appropriate higher salary step when in his/her opinion, it is difficult to obtain qualified personnel at the starting salary, or when the education or experience of a proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.

B. Promotion
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10 Any employee receiving a promotion shall start on the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary level is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of at least a five percent (5%) increase in salary.

When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow his/her annual salary to be a minimum of five percent (5%) above the salary of those he/she supervises.

C. Transfer
A transfer does not affect an employee’s salary level.

D. Advancement Within Salary Range
An employee shall be considered for salary advancement in accordance with the time intervals established in the Employee Compensation Plan and the following provisions. 1) Automatic for Successful Completion of Probationary Period: Advancement to Step “B” in a salary range shall be automatic and effective on the first day of the payroll period following satisfactory evaluation of six (6) months of service. Failure of Management to evaluate the employee within six months will automatically cause the employee to become a full-time regular employee with the City of Riverbank.
2) Merit: Advancement to Steps “C”, “D”, and “E” in a salary range shall be granted for continued improvement and efficient and effective service by the employee in the performance of his/her duties.

Such merit advancement shall be made only upon recommendations of the Department Head after an annual evaluation.

Nothing herein prohibits the granting of a merit salary advancement prior to the normal time intervals established in the Employee Compensation Plan. All merit salary advancements shall be effective on the first day of the payroll period immediately following the employee’s salary anniversary date.

Salary adjustments resulting from an employee’s promotion or demotion shall become effective on the first day of the payroll period following the employee’s promotion or demotion.

5.05 – Deductions
Deductions from employee’s pay shall be made in accordance with prevailing laws, contract and administrative rules, and procedures established by the Chief Personnel Officer.

5.06 – Overtime Policy
Overtime is defined as the time worked beyond the normal eight (8) hours in a workday, or forty (40) hours in a workweek.

Until an employee accumulates 100 hours of compensatory time, the employee will determine whether overtime work is to be compensated for by “compensatory time” or “paid overtime”.

Non-Standard Work Periods
Overtime for employees assigned to non-standard work periods and working hours as provided in §3.02 herein, shall be defined as follows:
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11 Overtime shall be any time worked over 40 hours in a given workweek and any time worked in excess of eight (8) hours in a given day when 40 hours have been paid during the workweek.

A. Overtime Compensation
Overtime may be compensated for either by compensatory time off at one and one-half (1½) times the hours worked, or by payment at one and one-half (1½) times the employee’s basic hourly salary rate. Compensatory time off shall be granted only upon approval by the employee’s Department Head.

All employees may accrue compensatory time off to a maximum of one hundred (100) hours.

B. Overtime – Compensation Exception: Cheese & Wine Festival Public Works Personnel shall not be required to work overtime as a result of the Cheese and Wine Festival.

Any Public Works employee who agrees to work overtime for the Cheese and Wine Festival will be paid at the rate of one and a half (1½) time the regular compensation except Sunday call outs which will be reimbursed at (2) times the regular compensation. Any person called out will be paid a minimum of four (4) hours compensation.

5.08 – Compensatory Time
A. Compensatory Time Cash-Out
Compensatory time may be “cashed-out” once a year. Employees may cash-out a minimum of ten (10) hours up to a maximum of fifty (50) hours in a calendar year. Employees separating themselves from the City service shall be allowed to use compensatory time earned prior to the effective separating date.

In order to cash out compensatory time employees must submit an irrevocable election form in December of each year. Late irrevocable election forms will not be accepted, nor can they be changed after the deadline for submission.

Compensatory time earned by an employee who is required to work in excess of the normal workweek, shall be recorded by the immediate supervisor of the employee on the time card.

B. Compensatory Time Off
Use of compensatory time earned must be scheduled at least twenty-four (24) hours in advance and requires the concurrence of the Department Head for the requested time off.

Employees shall not be required to give reason for requesting compensatory time off. Exceptions to this procedure will be made only upon written authorization by the Chief Personnel Officer.

5.09 – Callback Compensation
Employees who are called to work overtime from their day off or other off-duty hours, except for disciplinary purposes, shall be compensated for a minimum of two (2) hours work at time and one-half (1½), or as provided in §5.10.

Overtime shall commence at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is released or the work is completed, whichever is the earlier. 2025-2027 LiUNA_MOU_FINAL
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12 5.10 – Standby Pay
Employees assigned to standby shall be available and ready to work when needed for a seven (7) consecutive day period to handle situations occurring outside of standard working hours. Said employee should respond to the specified work site within a half hour.

Employees on standby shall be compensated as follows: two hours per day, Monday through Saturday at the rate of one and one-half the employee’s regular rate of pay; two (2) hour double time at the employee’s regular rate of pay for Sundays and City recognized holidays (actual holiday date, not the day off work if different, except if the Holiday falls on a Sunday then double-time would apply to the Monday).

Employees who are on standby and called back to work for any reason shall be compensated as stated in §11.07 in addition to his/her standby pay. Employees on standby will be provided a City vehicle to take home in order to facilitate response to emergency service request.

5.11 – Callback Rest Period
Employees who are called back to work after leaving their place of employment or on a regular schedule day off, and finish performing City work within five (5) hours of the start of their normal shift, shall be entitled to receive a five (5) hour rest period. At the discretion of the Department Head, employees may have their schedule changed to allow the employee to work additional hours that week to make up for the loss of regular (straight time) hours. However these additional hours shall not trigger an employee’s right to overtime pay for hours worked over their regular (9-hour) or (8-hour) work shift. For purposed of this section employees shall be eligible for overtime pay for any hours work in excess of forty (40) hours worked in a work week.

5.12 – Attendance of Training Courses
City employees should feel free to attend training courses available during days off if they so desire. However, compensation for attendance at training courses held during days off (weekends), vacations, or holidays, will be authorized only where employees have been directed by their Department Head to attend such.

5.13 – Longevity Pay
Longevity Pay is to recognize long term employees of the City and designed to provide eligible employees, compensation in addition to their regular base pay. Regular full-time employees eligible for longevity pay shall be paid as follows:

Year of Service Longevity Pay Rate
10 but less than 13 two and one-half percent (2.5%)
13 but less than 20 additional two and one-half percent (2.5% (total of 5%)) 20 but less than 24 additional two and one-half (2.5% (total of 7.5%)) 25 + additional 2.5% (total of 10.0%)
The total longevity pay increase any employee can receive during their term of employment is ten percent (10%)
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13 5.14 – Certification Pay
The City encourages the professional development of employees and encourages employees to obtain certifications relevant but not required by the employee’s current position. Subject to prior written approval from the employee’s Department Head, the City shall provide an additional two and one-half percent (2.5%) incentive pay for only one (1) of the following certifications:

A. Crane Certification
B. Parks Equipment Certification
C. Water Certification
D. Wastewater Certification
E. Class B Driver’s License
F. Qualified Applicator Certificate (QAC)
G. Qualified Applicator License (QAL)

5.15 – Bilingual Pay
For positions designated by the City as bilingual, employees shall receive a three percent (3%) pay differential.

The City retains the ability to unilaterally designate or remove bilingual pay. The City’s decision to designate or not designate is not appealable or subject to the grievance process. In order for employees to receive bilingual pay they must be certified as bilingual in both written and oral communication.

SECTION 6.00 – PROBATIONARY PERIOD

6.01 – Probationary Period
All original and promotional appointments to regular municipal service positions shall be tentative and subject to a probationary period of not less than six (6) months. The probationary period may be extended with the approval of the Chief Personnel Officer for a period not to exceed an additional six months, upon the recommendation of the Department Head that unusual conditions justify such extension.

6.02 – Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employees whose performance does not meet the acceptable standards of the work.

6.03 – Rejection of Probationer
The Chief Personnel Officer or any department head may suspend, demote, or terminate a probationer under his/her control from their position at any time without cause and without the right of appeal or to submit a grievance.

6.04 – Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he/she was promoted or a comparable position, unless charges are filed and he/she is discharged in the manner provided in Section 10.00 herein.

Employees who elect a voluntary demotion after the six (6) month probationary period for a promotional appointment may be reinstated to the position from which he/she was promoted or to a comparable position. 2025-2027 LiUNA_MOU_FINAL
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14 SECTION 7.00 – BENEFITS

7.01 – Health Benefits
During the term if this MOU the City shall continue to provide group health benefits to employees covered by this MOU and their eligible dependents as provided below. As used in this sections group health benefits shall include medical, dental and vision insurance. During the term of this agreement, the City has the right to change group health benefits providers and the parties shall meet regarding any such change.

A. Medical
The City offers two medical insurance plans, one through Kaiser Permanente and the other through Sutter Health to eligible employees and their eligible dependents. The employees and eligible dependents will be enrolled in the plan chosen by the employee.

Employee Contributions
Employees covered by this MOU shall be responsible for fifteen (15%) percent of the monthly premiums.

General Information
Employees enrolled in either plan shall be responsible for 100% of the respective annual out-of-pocket and co-pay costs.

Family coverage consists of the employee plus one or more dependents and single coverage consists of the employee only.

The effective date of coverage for new employees shall be the first of the month following a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

Medical Insurance Allowance
Any employee covered by this MOU who has medical insurance coverage through their spouse, or who has medical insurance coverage as an eligible dependent of a person employed elsewhere, may request that their medical plan coverage as an employee of the City be terminated. Those employees who waive the medical insurance coverage shall be eligible to receive taxable cash in the amount of $250.00 per month. To participate in this program, the employee shall sign a waiver, provided by the City, and provide proof of other medical insurance coverage which shall be provided to the Human Resources Department. Once coverage is waived the employee can only reenroll in the City medical insurance plan during open enrollment or as allowed by law. (Eff_07/01/07)
B. Dental
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

The City contracts with Stanislaus Foundation for Medical and Dental Care (SFMDC) to provide dental insurance to employee and their eligible dependents. Dental benefits shall be provided as outlined on the SFMDC Benefits Outline sheet.
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15 The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

C. Vision
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

Employees and eligible dependents shall be provided vision insurance subject to the terms and conditions of the City’s contract with Vision Service Plan (VSP). Vision benefits shall be provided as stated in the “Enhanced Plan B” of VSP.

The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.02 – Health Benefits CAP
Employees hired prior to July 1, 2005 and who have remained enrolled in a City offered single plan for medical coverage, shall continue to receive a credit of $250 as previously negotiated.

Eligible employees may use their credit for deferred compensation, health club membership fees, PERS buyback (re-deposits), supplemental insurance benefits (AFLAC), college expenses (tuition, books), or United Way donations. At no time may an employee receive cash payment in lieu the credit.

7.03 – PERS Retirement
The City contracts with the California Public Employee’s Retirement System (PERS) to provide retirement benefits to eligible employees. Retirement benefits and/or options shall include the following:
● 2% @ 55 retirement formula
● 2% @ 60 retirement formula (employees hired on or after 04/09/11) ● 2% @ 62 retirement formula (employees hired on or after 01/01/13) ● Sick Leave Credit
● Military Service Credit
● Retired Death Benefit
● Final compensation three (3) years
● COLA 2%
● Death Benefit Continues - Remarriage
● Prior Service Credit
During the term of this agreement, employees covered by this MOU shall contribute the full PERS employee contribution rate, as determined by PERS based on the employee’s retirement tier and salary, and subject to retirement contributions.

Retirement from the municipal service shall be subject to the terms and conditions of the City’s contract with the Public Employee’s Retirement System.

PERS Advisory Retirement Committee
During the term of this agreement, the City will create a PERS Advisory Committee to discuss and potentially address the City’s ongoing retirement liability. The Union will be provided a seat on the Committee. 2025-2027 LiUNA_MOU_FINAL
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16 7.04 – Life Insurance
Subject to the terms and conditions of the City’s contract with the provider the City shall provide term life insurance coverage for the eligible employees in a total policy amount of fifty thousand dollars ($50,000.00).

This policy also provides accidental death and dismemberment benefit for the employee in an amount not to exceed fifty thousand dollars ($50,000.00). The City shall pay all premiums for such policy during the term of the agreement.

The effective date of coverage shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.05 – Employee Assistance Program
The City shall provide an Employee Assistance Program (EAP) to all eligible employees and their dependents.

Counseling and support services are available as outlined in the current EAP plan. The scope and number of sessions may vary and are subject to change based on the terms of the EAP provider.

7.06 – Deferred Compensation
The City contracts with ICMA Retirement Corporation to offer a deferred compensation plan. Subject to the terms and conditions of ICMA on a voluntary basis eligible employees may defer a portion of their salary into his/her account until the employee’s retirement, permanent disability, death, or as allowed by ICMA. The City agrees to match the employee’s contribution in an amount not to exceed $75.00 per pay-period, provided that the employee is contributing at least $75.00 per pay-period.

7.07 – LIUNA National (Industrial) Pension Fund
During the term of this agreement the City shall make contributions to the LIUNA National (Industrial) Pension Fund (Pension Fund) on behalf of the employees covered by this MOU. Contributions to the Pension Fund shall be as follows:
• Effective July 1, 2018 the contribution rate shall be $2.05 per hour. • Effective July 1, 2019 the contribution rate shall be $2.26 per hour. • The contribution rate may be subject to change based on the determination of the National Industrial Pension Fund.
• Contributions shall be paid monthly to the Pension Fund, to an address specified by MEA. • The monthly contributions are based on the hours an employee is on paid status up to 40 hours per week. The amount shall be prorated for employees working less than forty (40) hours per week. • The City shall not make contributions for hours in excess of forty hours per week.

This MOU provision shall not be construed to create a vested right that can be asserted against the City and shall not be construed to guarantee any future funding for the LIUNA pension fund beyond the term of this MOU. Future funding shall be subject to negotiations.

Unless specifically amended by the terms of this Understanding, all other terms and conditions of employment remain as previously established. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, 2025-2027 LiUNA_MOU_FINAL
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17 the parties agree that neither the Union nor the City shall be obligated to reopen or renegotiate any of the provisions of this agreement.

7.08 – Retirement health savings account
The City shall make available a Retirement Health Savings Account (RHSA) program for eligible employees to contribute toward qualifying post-retirement medical expenses. Participation is voluntary and funded solely through employee contributions. The City will not contribute to the RHSA. All terms and conditions, including eligibility and distribution rules, will be governed by the plan documents and applicable law.

SECTION 8.00 – REIMBURSEMENTS

8.01 – Tuition Reimbursement
The City shall reimburse regular full-time employees’ expenses incurred for tuition, textbooks, admission fees not to exceed two thousand and five hundred dollars ($2,500)per fiscal year and other required course materials provided the following conditions are met:
a. The course selected must be directly related to work the employee performs or fulfilling general education requirements;
b. Prior to enrolling, the course must be approved in advanced by the employee’s Department Head and Chief Personnel Officer;
c. The course must be offered at an accredited college, university, trade school, or certification program; d. The employee must receive a passing grade of or equivalent to “C” or better, at the completion of the course;
e. The class and study time shall be outside the employee’s working hours.

Upon completion of a course, the employee shall submit a Tuition Reimbursement form along with paid receipt for tuition, books and materials and proof of passing grade to the Personnel Office. After verification of satisfactory completion of the course, the Personnel Office shall forward the approved tuition reimbursement form to the Finance Department for payment.

Tuition reimbursements shall be amortized over three (3) years. If an employee resigns or is terminated within three (3) years of any tuition reimbursement, the employee will be required to pay the City a proportional percentage of the reimbursed amounts. (Eff. 07/01/25)

8.02 – Mileage Reimbursement
City employees may receive compensation for use of their personal vehicle in business. Approval must be obtained by the Department Head if employee decides to use personal vehicle. If a personal vehicle is used for City business, the employee must show proof of insurance to his/her immediate Supervisor and must have the minimum liability insurance requirements for private passenger as defined by the California Insurance Code § 11580.1b.

The rate of mileage reimbursement to employees using their private vehicles for City business shall be five (5) cents less than the rate presently in effect by the Internal Revenue Service.

8.03 – Safety Boots Reimbursement
Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, and/or boot protectant. . Such reimbursement shall not exceed $350.00 per fiscal year. Probationary employees may receive reimbursement for safety boots not to exceed $350.00. Employees may purchase safety boots on a 2025-2027 LiUNA_MOU_FINAL
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18 City account so long as there is preapproval from the Department Head and Assistant Finance Director on a form to be provided by the Finance Department. Office employees are not eligible for this benefit.

8.04 – Personal Property Reimbursement
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon the recommendation of the individual’s immediate supervisor. The prior condition of the damaged item should be considered in determining the amount of reimbursement.

Damage to personal effects not required by the City would be allowed under the same conditions as above.

No costs should be incurred by the City when it has demonstrated that loss or damage was due to personal negligence.

No costs should be incurred by the City in an unreasonable amount: if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse the employee in this amount, inasmuch as he/she did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.

Definition of personal effects: Those items worn or carried by the employee in the line of duty.

SECTION 9.00 – LEAVES OF ABSENCE

9.01 – Attendance
In every case in which a regular employee is not present for duty, his/her absence shall be reported by the Department Head to the Personnel Office on the Request for Leave form. Since part-time employees are not entitled to leave, only actual time worked will be reported. Request for Leave shall be forwarded to the Personnel Office.

9.02 – Sick Leave
A. Statement of Policy
Sick leave is a legally protected benefit provided to employees for qualifying purposes under California Law.

Employees may use accrued sick leave for the diagnosis, care, or treatment of an existing health condition, or for preventive care, for themselves or a qualifying family member. Sick leave may also be used by an employee who is a victim of domestic violence, sexual assault, or stalking.

Qualifying family members include a spouse, registered domestic partner, child, parent, grandparent, grandchild, sibling, or a designated person. If an employee does not have a designated person on file, they may make a designation at the time sick leave is requested.

Sick leave is not discretionary privilege and shall not be unreasonably denied. Employees are encouraged to use sick leave responsibly and to provide notice when foreseeable.

B. Eligibility
Regular and probationary employees shall be eligible to accrue sick leave and may begin using accrued leave after their 30th day of employment, in accordance with state law.In order to receive compensation while absent on sick leave, the employee shall notify his/her department as early as possible, ideally at the beginning of the workday. For absences longer than three (3) consecutive working days, a physician’s certificate may be required. At the City’s discretion and expense, the employee may also be required to provide certification that they are medically able to return to work after such an absence. 2025-2027 LiUNA_MOU_FINAL
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19 Sick leave will not be granted for an illness occurring during any leave of absence other than sick leave, except in cases where the employee is hospitalized during vacation leave. In such cases, sick leave may be substituted for vacation leave upon verification of hospitalization.

C. Accrual
Sick leave shall be accrued at the rate of eight (8) hours per month for all City employees. There shall be no maximum cop on the amount of sick leave that may be accrued.

D. Deductions
Unless otherwise provided, sick leave will be deducted as follows:
1) Sick leave shall be charged at the rate of one (1) hour for each hour of absence due to illness, with a minimum of one hour charged. Full-day absences shall be charged according to the employee’s regularly scheduled workday. For example, employees on a 9/80 schedule who are scheduled to work nine (9) hours on the day of absence will be charged nine (9) hours of sick leave unless otherwise approved by the City Manager.
2) If an employee is scheduled to work on a City holiday and reports absent due to illness, sick leave shall be charged appropriately, and the holiday credit shall be accrued. 3) Sick leave may be used up to the full amount accrued. Once sick leave is exhausted, the employee will no longer receive compensation for sick leave absences unless other leave benefits apply.

E. Depletion of Sick Leave Benefits
Upon exhaustion of accumulated sick leave for an injury or illness, and with the recommendation of the employee’s Department Head, an employee may be placed on unpaid medical leave of absence for a period not to exceed sixty (60) calendar days. If the employee is unable to return to work at the end of this period, they may request an extension, subject to the approval of the Chief Personnel Officer.

During any extended medical leave, the employee must notify the City every thirty (30) days of their intent to return to work. If additional leave is not granted or the employee fails to return, the employee’s service with the City shall be considered terminated.

F. Forfeiture Upon Termination
Accumulated sick leave shall be forfeited upon separation from City employment, whether voluntary or involuntary, including retirement. However, unused sick leave may be used toward service credit in accordance with CalPERS regulations, if applicable.

G. Cash-Out
Employees covered by this MOU may “cash-out” twenty-five (25) hours of unused sick leave once each fiscal year provided they have a minimum of 200 hours of sick leave on the books.

9.03 – Vacation
A. Use of Vacation
The purpose of annual vacation leave is to enable each eligible employee to return to his/her work refreshed.

For this reason it is the intention of the City that vacation be taken, insofar as possible, in periods of one week or more.
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20 1) When to be taken: The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, whenever an employee requests a vacation in excess of the amount of days he/she accumulates annually, shall be determined by his/her Department Head with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee.
2) Waiting period: Employees shall complete six (6) months continuous service before using accrued vacation leave.
3) Double compensation prohibited: Employees shall not work for the City during their vacation.

B. Eligibility
1) Regular employees: Regular employees shall be eligible for vacation leave in conformance with paragraph “C” below.
2) Part-time and probationary employees: Part-time and original appointment probationary employees shall not be eligible for vacation leave.

C. Vacation Accrual
Vacation will be accrued and credited on a bi-weekly basis when an employee is in pay status for fifty (50) percent or more of the workdays in a given month. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status:

Accrual Hours Per Max.

Hrs.

Years of Service Pay-Period Year Accrual
New employee to completion of 5th year 3.0769 80 400
Start of the 6th year to completion of 10th year. 4.6154 120 400 Start of the 11th year to completion of 15th year. 6.1538 160 400 Start of 16th year and succeeding years. 7.6923 200 400 Limits of accrual: Such accrual and credit for all employees shall not exceed four hundred (400) hours.

D. Holidays Falling During Vacation
In the event a City holiday falls within an employee’s vacation period which would have excused the employee from work and for which no other compensation is made, said holiday shall not be charged as a vacation day.

E. Vacation Cash Out
Employees covered by this MOU may cash out (30) hours of accrued vacation leave once per fiscal year. Vacation cash out shall only be requested during the first full pay period in July of each fiscal year. To be eligible for vacation cashout, the following criteria mut be met:
• Cashout must total thirty (30) hours exactly.
• Employee must have taken a minimum of thirty six (36) hours of consecutive vacation leave the prior fiscal year.
• The Employee’s accrued vacation leave balance must be at a minimum of two hundred fifty (250) hours after their cash out.
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21 Vacation Cash-Out – Fiscal Year 2025-26
Employees shall be permitted to request a one-time vacation cash-out during the payroll period of October 17 through October 31, 2025. Requests for vacation cash-out must be submitted to Payroll no later than October 30, 2025. Any requests submitted after this date shall not be honored.

F. Vacation at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination.

Payments for accrued vacation shall be at the employee’s current rate of pay.

Employees who terminate employment with the City and have less than six (6) months continuous service shall not be compensated for accrued vacation.

G. Vacation and Military Leave
An employee who interrupts his/her municipal service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

9.04 – Paid Holidays
A. Regular Holiday for Pay Purposes: The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off, except as otherwise provided in Paragraph (b) below:

Paid Holiday__________ Date_______________

1. New Year’s Day January 1st

2. Martin Luther King Day 3
rd Monday in January

3. President’s Day 3
rd Monday in February

4. Memorial Day Last Monday in May

5. Juneteenth June 19th (effective in 2023)

6. Independence Day July 4th

7. Labor Day 1
st Monday in September

8. Veteran’s Day November 11

9. Thanksgiving Day 4
th Thursday in November

10. Day After Thanksgiving 4
th Friday in November

11. Christmas Eve December 24

12. Christmas Day December 25

13. New Year’s Eve December 31

14. Floating Holidays - Three (3) Employee’s Choice
When a holiday falls on a Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day named. When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

B. Compensation for Work on Paid Holidays
Regular and probationary employees assigned to work on holidays shall receive compensatory time off or pay in lieu of compensatory time off, at twice the regular rate of pay. 2025-2027 LiUNA_MOU_FINAL
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22 9.05 – Bereavement Leave
In accordance with California law, AB 1949 effective January 1, 2023, employees are eligible for bereavement leave if they have been employed for at least thirty (30) days before the leave commences. In the event of a death in the employee’s family, a regular employee may request up to five (5) days of bereavement leave. Of these, only three (3) days shall be paid. After the three (3) paid bereavement days are used, employees may elect to use accrued leave balance such as vacation, floating holidays, or compensatory time to remain in paid status. Bereavement leave must be completed within three (3) months of the date of death.

For the purposes of this section and in compliance with California law, “family” includes the employee’s spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. In addition, for purposes of this MOU, “family” also includes current brothers- and sisters-in-law, and a close relative residing in the employee’s household.

Leave without pay may be granted to a regular employee in the event of death to family members other than one of the immediate family; such leave to be granted in accordance with § 8.12.

9.06 – Workers’ Compensation Leave
Any employee who is absent from work by reason of an injury or illness covered by Workers’ Compensation shall continue in pay status under the following provisions:

A. The difference between the amount granted pursuant to such Workers’ Compensation and the employee’s regular rate of pay shall be deducted first from the employee’s accumulated sick leave, and then from compensatory time, and when authorized by the employee, vacation days.

B. Such an employee will continue in pay status and receive his/her regular rate of pay until his/her accumulated sick leave, compensatory time, and vacation days have been depleted to the nearest one-half (½) day.

C. During the time the employee is in pay status while absent from work by reason of injury or illness covered by Workers’ Compensation, he/she shall continue to accrue sick leave and vacation benefits as though he/she was not on leave of absence.

D. Any employee who depletes his/her accumulated sick leave, compensatory time, holidays, and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by Workers’ Compensation shall be removed from pay status.

Employees who have been injured in the course and scope of their employment with the City and who are required as a result of such injury to be absent from duty to take physical examinations required by the City’s Workers’ Compensation insurer or the Industrial accident Commission, or to attend hearings of the Industrial Accident Commission shall be granted leave with pay for such absences by the City Manager when he/she determines such absences are in the best interest of the City and only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance of City of Riverbank Request for Leave form.

9.07 – Military Leave
State and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such absences.
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23 9.08 – Family Leave Acts
The City shall comply with the requirements of the California Family Rights Act (CFRA) of 1991 and the Family Medical Leave Act (FMLA) of 1993, as they are in effect or may be amended during the term of this agreement.

In accordance with CFRA and FMLA employees who have worked for at least one (1) year and for 1,240 hours during the twelve (12) month period immediately preceding the commencement of leave is entitled for up to twelve weeks (480 hours) of job protected leave.

Leave may only be taken for the following reasons:
● The employee’s own serious health condition;
● To care for a child, parent or a spouse who has a serious health condition; or ● To care for the employee’s newborn child, or placement of adoption or foster care.

Employees requesting leave must give at least 30 days notice for foreseeable events. In unforeseeable situations the employee must notify the City as soon as practicable.

9.09 – Pregnancy Disability Leave
Pregnancy Disability Leave without pay shall be granted to employees in accordance with applicable state and federal laws.

If you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave. Current law provides up to 4 months of unpaid leave. Employees may also be eligible for an additional 12 weeks of leave under the California Family Rights Act (CFRA). An employee may be required to use any available sick leave during her pregnancy disability leave. At the employee’s option, any accrued vacation or other accrued paid leaves may be used during such leave. a) An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave.

9.10 – Employee’s Time Off to Vote
Time off with pay to vote at any general, direct primary, or presidential primary election shall be granted as provided in the State of California Election Code, and notice that any employee desires such time off shall be given in accordance with the provisions of said Code.

9.11 – Jury Duty and Subpoenas Leave
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the Court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) day from the termination of his/her jury service.

Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies shall be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.
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24 9.12 – Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave is not a right, but a privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the Chief Personnel Officer. No vacation or sick leave benefits shall be used for illness occurring during such leave.

Leave of absence without pay may be granted by the Chief Personnel Officer depending on the merit of the individual case.

9.13 – Absence Without Leave
Absence without leave shall be considered to be without pay and reductions in the employee’s pay shall be made accordingly. Absence without leave for more than three (3) consecutive workdays may result in termination of employment. Such termination shall not be subject to appeal.

SECTION 10.00 – PERSONNEL PRACTICES

10.01 – Performance Appraisals
A. Regular Employee
A performance appraisal of each regular employee shall be made annually on the anniversary date of their completion of the probationary period.

B. Probationary Employee
A performance appraisal of each probationary employee shall be made by the Department Head on “City of Riverbank Employee Performance Appraisal” forms according to the directions thereon and forwarded to the Personnel Office. The Employee Performance Appraisal form shall be filed by the Department Head upon the completion of the employees’ third, and sixth month of service with the City.

In those cases where the probationary period extends to twelve (12) months or longer, the Employee Performance Evaluation form shall be required from the Department Head at the conclusion of each six-month interval.

C. Appeal
Within five (5) days after receiving the performance appraisal, the employee may request in writing, a review of the appraisal with the Chief Personnel Officer. Within five days after said review, the Chief Personnel Officer shall either accept the original performance appraisal, a modified appraisal, or cause a new appraisal to be prepared which shall be entered into the personnel file as the official performance appraisal. The official appraisal shall bear the Chief Personnel Officer’s signature. The decision of the Chief Personnel Officer shall be final.

10.02 – Transfers
Any employee may be transferred from one department or division to another.

10.03 – Promotions
Because it is the policy of the City of Riverbank to encourage the advancement of personnel within the organization, promotional examinations for vacancies will be conducted as the needs of the City require. 2025-2027 LiUNA_MOU_FINAL
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25 Promotional opportunities (available to City employees) will be posted on bulletin boards selected by the Personnel Office at least five (5) working days before the selection is made.

A. Flexible Staffing
Employees assigned to a flexible staffed position may be promoted in accordance with “Appendix D” of this MOU.

10.04 – Demotions
The Chief Personnel Officer or Department Head may demote an employee whose ability to perform his/her required duties falls below acceptable standards, for disciplinary reasons set forth in §10.02, when the need for the position which an employee fills no longer exists, or when an employee requests such demotion. No employee shall be demoted to a classification for which he/she does not possess minimum qualifications.

When the action is initiated by the Department Head, written notice of demotion shall be given an employee at least five (5) days before the effective date of the demotion. An employee may appeal such action in the manner provided in §10.04, et seq.

10.05 – Reinstatement
The Chief Personnel Officer may reinstate any suspended employee for good cause and may, upon such reinstatement, compensate, in whole or in part, such employee for the time lost.

10.06 – Terminations
A. Resignation
An employee wishing to leave the service of the City in good standing, either by resignation or retirement, shall give the Department Head concerned at least two (2) weeks notice when practical.

B. Lack of Work or Funds
An employee may be terminated by the Personnel Officer because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least two (2) weeks prior to the effective date of termination. Such termination shall not be subject to appeal.

In any such reduction in personnel caused by lack of work or funds, seniority shall be observed, except in supervisory or management positions. The order of termination shall be in the reverse order of total cumulative time the employee has served in municipal service. Supervisory or management employees shall be eligible for lower rated positions based upon their seniority but non-supervisory or non-management personnel may not take supervisory or management positions solely based upon seniority.

For the purpose of determining termination, total cumulative time shall include the employee’s time served in probation and regular status, and time serve on military leave of absence.

C. Non-Disciplinary Action
Part-time and probationary employees may be terminated by the Chief Personnel Officer at any time, with or without notice, for cause or for the convenience of the City. Regular employees terminated by the Chief Personnel Officer for cause or for the convenience of the City shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in §1004 et se. Such cause may be other than cause for disciplinary action set forth in §1002, et seq. and may include, but not be limited to, inefficiency and incompetency.
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26 10.07 – Reappointments
Reappointments after termination will be considered new employment. However, reappointments made within six (6) months from the termination date may be made with reinstatement of prior seniority, sick leave, and pay rate.

SECTION 11.00 – DISCIPLINARY PROCEEDINGS

11.01 – Disciplinary Action; Definition
As used in this Section, “Disciplinary Action” shall mean discharge, demotion, reduction in salary, disciplinary probation, or suspension.

11.02 – Cause For Disciplinary Action
Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
a) Fraud in securing appointment.
b) Inexcusable neglect of duty.
c) Insubordination.
d) Dishonesty.
e) Drunkenness on duty.
f) Inefficiency.
g) Addiction to the use of controlled substances.
h) Inexcusable absence without leave.
i) Conviction of a felony, or conviction of a misdemeanor, involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offence involving moral turpitude is deemed to be a conviction within the meaning of this Section. j) Immorality.
k) Discourteous treatment of the public or other employees. l) Improper political activity as defined by State Law. m) Repeated violation of safety procedures.
n) Misuse of City property.
o) Violation of any of the provisions of these working Rules and Regulations or departmental rules and regulations.
p) Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
q) Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with his/her employment.
r) Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, mental disability, physical disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a District employee. s) Unlawful retaliation against any other District Officer or employee or member of the public who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Attorney General, or any other appropriate authority, any facts or information related to actual or suspected violation of any law of this State or the United States occurring on the job or directly related thereto.

11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents The Chief Personnel Officer or any Department Head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this Section by written notice to the employee of the proposed disciplinary action and the cause for which the proposed disciplinary action is to 2025-2027 LiUNA_MOU_FINAL
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27 be taken, which shall allow the employee a period of five (5) days to respond to the person proposing the disciplinary action. The notice may be served upon the employee, either personally or by certified mail, and shall include:
a) A statement of the nature of the disciplinary action. b) The effective date of the penalty.
c) A statement of the causes therefore.
d) A statement in ordinary and concise language of the act or omissions upon which the causes are based.
e) A statement notifying the employee that he/she has five (5) days in which to respond orally or in writing regarding the proposed disciplinary action.

If the employee responds, either orally or in writing, to the notice of proposed disciplinary action, the Chief Personnel Officer or Department Head, as the case may be, shall thereafter amend or withdraw the proposed disciplinary action or proceed with its implementation.

11.04 – Right Of Appeal: Form
Any regular employee shall have the right of appeal to the Chief Personnel Officer from any disciplinary action taken by his/her Department Head under §10.03. Such appeal shall be in writing and must be filed with the Chief Personnel Officer within ten (10) working days after receipt of written notice of such disciplinary action.

Failure to file an appeal within such period constitutes a waiver of right to appeal.

The Chief Personnel Officer shall conduct a hearing as provided in this Section. Neither the provisions of this section or this Section shall apply to reductions in force or reductions in pay, which are part of a general plan to reduce or adjust salaries and wages.

In the event the Chief Personnel Officer institutes the disciplinary action, he/she shall be disqualified. Should the Chief Personnel Officer be disqualified, or should he/she disqualify himself/herself as hearing officer, the City Council shall appoint a hearing officer who shall have the same power, authority, and responsibility as the Chief Personnel Officer would have as a hearing officer.

11.05 – Hearing
The Chief Personnel Officer shall conduct a hearing on an appeal filed in accordance with §10.04 within thirty (30) days after receipt thereof. The Chief Personnel Officer may continue the hearing either for the convenience of the City or upon written application of the appellant, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing shall be conducted in accordance with the provisions of §11513 of the Government Code of the State of California, except that the appellant and other persons may be examined as provided in §19580 of said Government Code, and the parties may submit all proper and competent evidence against, or in support of the causes.

11.06 – Representation
Any City employee other than those appointed to supervisory, management, and confidential classifications as provided in §1208 of the Personnel Rules and Regulation, shall be permitted to represent another City employee or group of City employees at the hearing of the appeal. The appellant may appear in person or be represented by counsel.

11.07 – Notices To Witnesses: Cost
The Chief Personnel Officer shall issue notice for the appearances of witnesses for the appellant upon his/her written request and at his/her cost. The Chief Personnel Officer may require such cost to be prepaid. 2025-2027 LiUNA_MOU_FINAL
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28 11.08 – Failure Of Employee To Appear At Hearing
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the Chief Personnel Officer or Department Head shall be final.

11.09 – Decisions
The Chief Personnel Officer shall render a written decision within thirty (30) days after concluding the hearing.

The Chief Personnel Officer’s decision shall be final and conclusive, except when an employee is suspended for more than three (3) days or discharged. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Chief Personnel Officer, the employee may be compensated, in whole or in part, for the time lost as determined by the Chief Personnel Officer.

In cases involving suspending an employee for more than three (3) days or discharging an employee, a copy of such decision shall be forwarded to the employee and the association on behalf of the employee may, within ten (10) working days after receipt of written notice of the Chief Personnel Officer’s decision, give notice to the Chief Personnel Officer that the association representing the grieved employee may submit the matter to binding arbitration. The arbitration board shall consist of one retired superior court judge and the cost of arbitration shall be borne equally between the City and the employee. The arbitration hearing shall be held within thirty (30) days from the date of the request by employee to submit to arbitration. The parties may agree to continue the date of the arbitration hearing by mutual agreement.

11.10 – Effect of Certain Disciplinary Actions
A. Oral reprimand. Employee receiving an oral reprimand may have it noted in their departmental record by the Department Head.

B. Written reprimand. Employees receiving a written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each employee’s permanent record is his/her personnel jacket kept in the Chief Personnel Officer’s Office.

C. Disciplinary Probation. Employees placed on disciplinary probation shall not accrue earned time for salary review while on such probation.

D. Suspension. Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on such suspension with the exception of group health and life insurance benefits.

E. Discharge. Employees terminated pursuant to §9.06 C of this MOU shall be paid salary accumulated to the effective date of termination only, and shall be paid for accumulated vacation, accumulated compensatory time, and paid days in lieu of holidays.

SECTION 12.00 – GRIEVANCE PROCEDURES

12.01 – Purpose
Grievance procedures for employees are provided herein:

A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

B. To afford employees individually and though qualified employee organizations a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin. 2025-2027 LiUNA_MOU_FINAL
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29 D. To provide that grievances shall be heard and settled as informally as possible.

12.02 – Matters Subject to Grievance Procedure
Any City employee shall have the right to present a grievance regarding wages, salaries, hours and working conditions for which appeal is not provided or is not prohibited under the provisions of Section 11.00.

12.03 – Informal Grievance Procedure
An employee should first attempt to resolve a grievance or complaint through discussion with his/her immediate supervisor without undue delay. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor’s immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. An informal grievance shall not be taken above the Department Head.

12.04 – Formal Grievance Procedure
Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows:

A. Department review. The grievance shall be presented in writing to the employee’s Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Heads shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance in writing to the Chief Personnel Officer. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

B. Chief Personnel Officer Review. Upon receiving the grievance, the Chief Personnel Officer shall discuss the grievance with the employee, his/her representative, if any, and with all other appropriate persons. The Chief Personnel Officer shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance. The decision of the Chief Personnel Officer shall be final, however, in cases where disciplinary action results in termination of the employee. This action is subject to ratification by the City Council as provided in §31.03(H)(3) of the Riverbank City Code.

12.05 – Conduct Of Grievance Procedure
A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

B. The employee may request the assistance of another person of his/her choosing in preparing and presenting his/her grievance at any level of review.

C. Employees shall be free from reprisal for using the grievance procedure.

D. Any reasonable award resulting from the application of this provision shall be binding and final on the parties unless arbitrary and capricious.
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30 SECTION 13.00 – EMPLOYER – EMPLOYEE RELATIONS

13.01 – Purpose
It is the purpose of the City of Riverbank to promote full communications with its employees by providing a reasonable method of resolving disputes between it and employee organizations regarding wages, hours, and other terms and conditions of employment.

It is also the purpose of the City of Riverbank to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by such organizations in their employment relationships with the City of Riverbank.

Nothing contained in this Section shall be deemed to supersede the provisions of existing State Law and the Ordinances and Rules and Regulations of the City of Riverbank which establish and regulate a merit personnel system or which provide for other methods of administering employer-employee relationships.

This Section is intended, instead, to strengthen merit and other methods of administering employer-employee relationships through the establishment of uniform and order methods of communication between employees and the City of Riverbank.

13.02 – Definitions
City Council shall mean the City Council of the City of Riverbank.

Chief Personnel Officer shall mean the City Manager of the City of Riverbank.

Bargaining Representative shall mean the Chief Personnel Officer and his/her representatives and/or the duly authorized representatives of an employee organization that has been granted formal recognition by the City Council as representing the employees of a representation unit.

Consult or Consultation in Good Faith shall mean to communicate verbally or in writing for the purpose of presenting and obtaining view or advising of intended actions.

Employee Organization shall mean any organization which includes employees of the City of Riverbank and which has one of its primary purposes representing such employees in their employment relations with the City of Riverbank.

Mediation shall mean any effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the City of Riverbank and the recognized employee organization or recognized employee organizations, through interpretation, suggestion, and advice.

Meet and Confer in Good Faith shall mean that the City of Riverbank by and through its Chief Personnel Officer and his/her representatives, and representatives or recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Miscellaneous Employees shall mean all regular City employees who are referred to as “miscellaneous members” by the California Public Employees’ Retirement System (§20018 of the Government Code).

Recognized Employee Organization shall mean an employee organization which has been acknowledged by the City Council as an employee organization that represents employees of the City of Riverbank. The rights accompanying recognition are either:
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31 1) Formal Recognition which is the right to meet and confer in good faith as the conference representative in a representational unit; or
2) Informal Recognition which is the right to consultation in good faith by all recognized employee organizations.

Representational Unit shall mean a unit as established by §12.03(B) of this Section.

13.03 – Designation and Recognition of Bargaining Representative A. The Chief Personnel Officer and his/her representative shall be the Bargaining Representatives for the City of Riverbank for the purpose of meeting and conferring in good faith pursuant to Government Code §3500 - §3511 inclusive.

B. There shall be not more than two (2) representational units of employees for purposes of extending formal recognition to, and meeting and conferring in good faith with, the conference representative of the City of Riverbank. If the City employees request more than one (1) representational unit, said additional unit(s) shall be established as follows:
1) Management and Supervisory employees and
2) Miscellaneous employees
C. Every regular authorized position identified in the Employee Compensation unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State Law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

D. Each employee representational unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

Elections shall be decided on the basis of a majority vote of the employees in the representational unit voting at such election.

E. Each employee representational unit shall be represented by no more than one recognized employee organization, although this shall not preclude and employee who is not a member of a recognized employee organization from representing himself/herself.

A recognized employee organization shall remain representative of a particular unit for a minimum of one full calendar year and no other organization shall represent employees of the representation unit during that time with regard to matters within the scope of representation as set forth herein. 2025-2027 LiUNA_MOU_FINAL
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32 F. In cases where there is no recognized employee organization for an employee representational unit, an organization elected by representational unit, shall become the formally recognized employee organization and bargaining representative on the day such organization is formally recognized by the City Council.

In cases where an incumbent formally recognized employee organization is decertified by another employee organization, the newly elected organization shall be recognized by the City Council immediately upon the certification of the election results.

13.04 – Bargaining Procedure
A. Within the first sixty (60) days of each calendar year, each formally recognized employee organization and the Chief Personnel Officer, or his/her representative, shall mutually exchange written proposals on salaries, fringe benefits, and other terms and conditions of employment to affect each representational unit during the coming year. Following such exchange, representatives of each formally recognized employee organization shall meet at mutually agreeable times and places, with the Chief Personnel Officer or his/her representative(s) for the purpose of conferring in good faith regarding wages, hours, and other terms and conditions of employment. The parties, in conferring, shall consider, but are not limited to consideration of prevailing rates and standards in private business and other public employment, cost of living, internal salary relationships in the City of Riverbank, and the financial condition of the City of Riverbank.

B. If agreement is reached by the Chief Personnel Officer and his/her representatives and the formally recognized employee organization representative, they shall jointly prepare a written Memorandum of Understanding, which shall not be binding; sign it, and present it to the City Council for its determination.

The City Council may approve or reject the Memorandum of Understanding and enact such Ordinances or Resolutions necessary to implement said Memorandum of Understanding.

C. If, after a reasonable period of time, representatives of the City of Riverbank and the formally recognized employee organization fail to reach agreement, the City of Riverbank and the formally recognized employee organization together may agree upon the appointment of a mediator mutually agreeable to the parties. Cost of mediation shall be divided one-half to the City of Riverbank and one-half to the formally recognized employee organization.

D. All Memorandum of Understanding regarding cost items shall be submitted to the City Council by May 1st of each year for consideration at the annual budget hearings, or as requested by the City Council at other times.

E. The City Council shall cause written notice to be provided to each recognized employee organization concerning matters described in Government Code § 3504.5.

13.05 – Scope of Representation
Conference representatives may meet and confer in good faith and execute a written Memorandum of Understanding on any matter of employer-employee relations, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or Executive Order.

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations A. Each employee organization which seeks recognition from the City Council shall file a petition with the City Council containing the following information and documentation:
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33 1. Name and address of the employee organization.

2. Names and titles of its officers.

3. Names of employee organization representatives who are authorized to speak on behalf of its members.

4. A statement that the employee organization has one of its primary purposes, representing employees in their employment relations with the City.

5. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with a regional or state or national or international organization.

6. Certified copies of the employee organization’s Constitution and Bylaws.

7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. In addition, any employee organization seeking informal recognition shall file with the City Council a statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City.

Such written proof shall be submitted for confirmation to the Chief Personnel Officer.

B. Conference representative of either party shall have the right to meet with conference representatives of the other part, upon reasonable notice, to discuss any problem regarding employer-employee relations arising within the representational unit, or any problems arising under a written Memorandum of Understanding between the parties.

C. The City of Riverbank shall allow a reasonable number of employee representatives of a formally recognized employee organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with the Chief Personnel Officer or his/her representatives regarding matters within the scope of representation, or for the purpose of consultation in good faith.

D. The City of Riverbank shall provide reasonable space on bulletin boards at places of work for the use of recognized employee organizations to inform employees about organizational activities and affairs.

E. Agents shall be allowed to visit places of City employment where employees it represents are at work, for the purpose of observing conditions of work, or consulting with members regarding immediate grievances or job problems. Such visits shall not be permitted to interfere with the orderly flow of work, nor cause an unsafe condition.

13.07 – No Discrimination
A. There shall be no discrimination by the City of Riverbank in employment conditions or treatment of employees on the basis of race, sex, creed, color, national origin, ancestry, or membership, nonmembership, or participation in the activities of any lawful organization.

B. There shall be no discrimination by any employee organization in treatment of its members on the basis of race, sex, creed, color, national origin, ancestry, membership, non-membership, or participation in the activities of any lawful organization.

13.08 – Classifications Restricted from Representing Recognized Employee Organizations The Chief Personnel Officer, elected officials, and department heads shall be restricted from representing a recognized non-management employee organization to avoid potential conflicts of interest.

Nothing herein prohibits employees from joining an employee organization; however, restrictions are placed upon certain employees in representing the organization. 2025-2027 LiUNA_MOU_FINAL
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12914589.3 RI120-001
34 13.09 – Savings Clause
If, at any time, any part of this Section should be found to be unconstitutional, or contrary to applicable law as it now exists, or as it may hereafter be amended, the remainder of the Section will not be affected thereby.

SECTION 14.00 – MISCELLANEOUS PROVISIONS

14.01 – Outside Employment
Any regular employee desiring to engage in outside employment shall first obtain non-City conflict job approval from his/her Department Head. The Employee shall submit a statement to his/her Department Head on a standard City form, naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work. Approval may be denied if, in the opinion of the Department Head, such outside employment is incompatible with the proper discharge of the employee’s official duties. All such approvals shall be subject to review by the Chief Personnel Officer, and shall be resubmitted prior to January 10th each year to maintain a valid, continuous authorization.

14.02 – Uniforms
The City shall provide and maintain uniforms to regular full-time employees assigned to work in the field and facility maintenance. The City will report to CalPERS the monetary value for providing and maintaining the employee’s required uniforms. The City will report the uniform allowance on an annual basis to CalPERS in June of each year. The uniform allowance amount reported to CalPERS will derive from the City’s total fiscal year budgeted amount for providing and maintaining the employees’ uniforms, not to exceed $350 per year, per employee.

Rain Gear
Rain gear consisting of waterproof boots, pants, coat and hat, will be provided to all employees assigned to work in the field at City expense.

14.03 – Contracting Unit Work
During the term of this MOU the City agrees not to contract out work of any position, and will not terminate any existing employee as a result of subcontracting of any work that has been performed by the members of the Bargaining Unit. Vacant positions that have not been filled may be contracted out for not more than one (1) year.

14.04 – AI/ Automation
The City agrees to provide advance written notice to the Union in the event that the City plans to implement AI or automation that would eliminate bargaining unit work.

SECTION 15.00 – AGREEMENT

15.01 – Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Any prior or existing Agreement between the parties whether formal or informal, regarding any such matters is hereby superseded and terminated in its entirety. 2025-2027 LiUNA_MOU_FINAL
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12914589.3 RI120-001
35 In the event that any provision of this MOU is found to be in conflict with a City rule, regulation, or resolution, the provision of this MOU shall prevail over such conflicting rule, regulation or resolution.

15.02 – Severability of Provisions
Should any part of this MOU is for any reason held to be invalid by a court of competent jurisdiction or by reason of any existing or subsequently enacted legislation, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall remain in full force and effect for the duration of this MOU.

15.03 – Modifications, Amendments and Revisions
The terms and conditions of this MOU may be modified, amended or revised, only through the voluntary and mutual consent of both parties.

15.04 – Ratification
This Agreement shall be in full force and effect upon adoption by the City Council of the City and implementation of its terms and conditions by appropriate ordinance, resolution, or other lawful action.

Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union.
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36 SIGNATURES
For the Union; Northern California District
Council of Laborers’ and Construction,
Production & Maintenance Laborers’,
For the City of Riverbank Local Union #1130; AFL:CIO
Marisela H. Garcia Joshua Lepper
City Manager Business Manager
David McDaniel
Shop Steward
Oscar Padilla
Shop Steward
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12914589.3 RI120-001
37 ENDICES
Appendix A
City of Riverbank
Employee Compensation Plan
Effective October 3, 2025

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 4,129.75 4,336.24 4,553.05 4,780.70 5,019.74 Account Clerk II 53 4,561.75 4,789.84 5,029.33 5,280.80 5,544.84 Accounting Technician 65 5,140.31 5,397.33 5,667.20 5,950.56 6,248.09 Administrative Analyst I 75 5,678.08 5,961.98 6,260.08 6,573.08 6,901.73 Administrative Assistant 66 5,191.70 5,451.29 5,723.85 6,010.04 6,310.54 Administrative Clerk 30 3,628.65 3,810.08 4,000.58 4,200.61 4,410.64 Assistant Mechanic 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Assistant Planner 81 6,027.40 6,328.77 6,645.21 6,977.47 7,326.34 Associate Planner 91 6,657.99 6,990.89 7,340.43 7,707.45 8,092.82 Building Inspector I 76 5,734.86 6,021.60 6,322.68 6,638.81 6,970.75 Building Inspector II 86 6,334.83 6,651.57 6,984.15 7,333.36 7,700.03 City Mechanic 70 5,402.52 5,672.65 5,956.28 6,254.09 6,566.79 Community Development Specialist I 43 4,129.75 4,336.24 4,553.05 4,780.70 5,019.74 Community Development Specialist II 53 4,561.75 4,789.84 5,029.33 5,280.80 5,544.84 Construction Inspector I 86 6,334.83 6,651.57 6,984.15 7,333.36 7,700.03 Construction Inspector II 96 6,997.58 7,347.46 7,714.83 8,100.57 8,505.60 Deputy City Clerk 66 5,191.70 5,451.29 5,723.85 6,010.04 6,310.54 Engineer Technician I 61 4,939.72 5,186.71 5,446.05 5,718.35 6,004.27 Engineer Technician II 71 5,456.55 5,729.38 6,015.85 6,316.64 6,632.47 Facilities Maintenance Worker I 43 4,129.75 4,336.24 4,553.05 4,780.70 5,019.74 Facilities Maintenance Worker II 47 4,297.39 4,512.26 4,737.87 4,974.76 5,223.50 Housing & Economic Development Specialist I 66 5,191.70 5,451.29 5,723.85 6,010.04 6,310.54 Housing & Economic Development Specialist II 76 5,734.86 6,021.60 6,322.68 6,638.81 6,970.75 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
38 Human Services Specialist 73 5,566.23 5,844.54 6,136.77 6,443.61 6,765.79 Maintenance Worker I 37 3,890.37 4,084.89 4,289.13 4,503.59 4,728.77 Maintenance Worker II 47 4,297.39 4,512.26 4,737.87 4,974.76 5,223.50 Neighborhood Improvement Officer I 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Neighborhood Improvement Officer II 66 5,191.70 5,451.29 5,723.85 6,010.04 6,310.54 Park Maintenance Worker I 37 3,890.37 4,084.89 4,289.13 4,503.59 4,728.77 Park Maintenance Worker II 47 4,297.39 4,512.26 4,737.87 4,974.76 5,223.50 Project Coordinator 76 5,734.86 6,021.60 6,322.68 6,638.81 6,970.75 Recreation Coordinator 42 4,088.84 4,293.28 4,507.94 4,733.34 4,970.01 Senior Facilities Maintenance Worker 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Senior Maintenance Worker 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Senior Park Maintenance Worker 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Senior Park Maintenance Worker/Facilities
Technician 64 5,089.43 5,343.90 5,611.10 5,891.66 6,186.24 Senior Wastewater Treatment Plant Operator 68 5,296.08 5,560.88 5,838.92 6,130.87 6,437.41 Senior Water Utility Worker 64 5,089.43 5,343.90 5,611.10 5,891.66 6,186.24 Transportation Coordinator 53 4,561.75 4,789.84 5,029.33 5,280.80 5,544.84 Wastewater Treatment Plant Maintenance
Technician Trainee 46 4,254.87 4,467.61 4,690.99 4,925.54 5,171.82 Wastewater Treatment Plant Maintenance
Technician I 56 4,700.01 4,935.01 5,181.76 5,440.85 5,712.89 Wastewater Treatment Plant Maintenance
Technician II 66 5,191.70 5,451.29 5,723.85 6,010.04 6,310.54 Wastewater Treatment Plant Operator I 49 4,383.79 4,602.98 4,833.13 5,074.79 5,328.53 Wastewater Treatment Plant Operator II 59 4,842.39 5,084.51 5,338.74 5,605.68 5,885.96 Wastewater Treatment Plant Operator-InTraining 43 4,129.75 4,336.24 4,553.05 4,780.70 5,019.74 Water Utility Worker I 45 4,212.72 4,423.36 4,644.53 4,876.76 5,120.60 Water Utility Worker II 55 4,653.47 4,886.14 5,130.45 5,386.97 5,656.32 2025-2027 LiUNA_MOU_FINAL
Revised: 2025-10
12914589.3 RI120-001
39 Appendix B
City of Riverbank
Employee Compensation Plan
Effective July 2026

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 4,253.64 4,466.32 4,689.64 4,924.12 5,170.33 Account Clerk II 53 4,698.60 4,933.53 5,180.21 5,439.22 5,711.18 Accounting Technician 65 5,294.52 5,559.25 5,837.21 6,129.07 6,435.52 Administrative Analyst I 75 5,848.42 6,140.84 6,447.88 6,770.27 7,108.78 Administrative Assistant 66 5,347.45 5,614.82 5,895.56 6,190.34 6,499.86 Administrative Clerk 30 3,737.51 3,924.39 4,120.61 4,326.64 4,542.97 Assistant Mechanic 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Assistant Planner 81 6,208.22 6,518.63 6,844.56 7,186.79 7,546.13 Associate Planner 91 6,857.73 7,200.62 7,560.65 7,938.68 8,335.61 Building Inspector I 76 5,906.91 6,202.26 6,512.37 6,837.99 7,179.89 Building Inspector II 86 6,524.87 6,851.11 7,193.67 7,553.35 7,931.02 City Mechanic 70 5,564.60 5,842.83 6,134.97 6,441.72 6,763.81 Community Development Specialist I 43 4,253.64 4,466.32 4,689.64 4,924.12 5,170.33 Community Development Specialist II 53 4,698.60 4,933.53 5,180.21 5,439.22 5,711.18 Construction Inspector I 86 6,524.87 6,851.11 7,193.67 7,553.35 7,931.02 Construction Inspector II 96 7,207.51 7,567.89 7,946.28 8,343.59 8,760.77 Deputy City Clerk 66 5,347.45 5,614.82 5,895.56 6,190.34 6,499.86 Engineer Technician I 61 5,087.91 5,342.31 5,609.43 5,889.90 6,184.40 Engineer Technician II 71 5,620.25 5,901.26 6,196.32 6,506.14 6,831.45 Facilities Maintenance Worker I 43 4,253.64 4,466.32 4,689.64 4,924.12 5,170.33 Facilities Maintenance Worker II 47 4,426.31 4,647.63 4,880.01 5,124.01 5,380.21 Housing & Economic Development Specialist I 66 5,347.45 5,614.82 5,895.56 6,190.34 6,499.86 Housing & Economic Development Specialist II 76 5,906.91 6,202.26 6,512.37 6,837.99 7,179.89 Human Services Specialist 73 5,733.22 6,019.88 6,320.87 6,636.91 6,968.76 2025-2027 LiUNA_MOU_FINAL
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12914589.3 RI120-001
40 Maintenance Worker I 37 4,007.08 4,207.43 4,417.80 4,638.69 4,870.62 Maintenance Worker II 47 4,426.31 4,647.63 4,880.01 5,124.01 5,380.21 Neighborhood Improvement Officer I 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Neighborhood Improvement Officer II 66 5,347.45 5,614.82 5,895.56 6,190.34 6,499.86 Park Maintenance Worker I 37 4,007.08 4,207.43 4,417.80 4,638.69 4,870.62 Park Maintenance Worker II 47 4,426.31 4,647.63 4,880.01 5,124.01 5,380.21 Project Coordinator 76 5,906.91 6,202.26 6,512.37 6,837.99 7,179.89 Recreation Coordinator 42 4,211.51 4,422.09 4,643.19 4,875.35 5,119.12 Senior Facilities Maintenance Worker 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Senior Maintenance Worker 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Senior Park Maintenance Worker 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Senior Park Maintenance Worker/Facilities
Technician 64 5,242.11 5,504.22 5,779.43 6,068.40 6,371.82 Senior Wastewater Treatment Plant Operator 68 5,454.96 5,727.71 6,014.10 6,314.81 6,630.55 Senior Water Utility Worker 64 5,242.11 5,504.22 5,779.43 6,068.40 6,371.82 Transportation Coordinator 53 4,698.60 4,933.53 5,180.21 5,439.22 5,711.18 Wastewater Treatment Plant Maintenance
Technician Trainee 46 4,382.52 4,601.65 4,831.73 5,073.32 5,326.99 Wastewater Treatment Plant Maintenance
Technician I 56 4,841.01 5,083.06 5,337.21 5,604.07 5,884.27 Wastewater Treatment Plant Maintenance
Technician II 66 5,347.45 5,614.82 5,895.56 6,190.34 6,499.86 Wastewater Treatment Plant Operator I 49 4,515.30 4,741.07 4,978.12 5,227.03 5,488.38 Wastewater Treatment Plant Operator II 59 4,987.66 5,237.04 5,498.89 5,773.83 6,062.52 Wastewater Treatment Plant Operator-InTraining 43 4,253.64 4,466.32 4,689.64 4,924.12 5,170.33 Water Utility Worker I 45 4,339.10 4,556.06 4,783.86 5,023.05 5,274.20 Water Utility Worker II 55 4,793.07 5,032.72 5,284.36 5,548.58 5,826.01 2025-2027 LiUNA_MOU_FINAL
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12914589.3 RI120-001
41 Appendix C
Flexible Staffing Program
Purpose
The purpose of flexible staffing is to provide non-competitive promotional opportunities to employees assigned to certain classifications. The program establishes criteria for promotion from the entry-level I position, to the journey level (II, Sr.). The program serves to increase worker skills and encourage cross training in related fields in order to provide more effective use of available resources.

Program Guidelines
The following guidelines shall apply to all classifications, which are a part of the flexible staffing program:

1. The employee must receive an overall rating in his/her performance appraisal of an average of “three” or better for two years prior to promotion and have no ratings of “one” in those two years.

2. The employee must have exhibited that he/she can satisfactorily perform the duties and exhibit knowledge and abilities contained in his/her current job description prior to being eligible to promote.

3. The employee must meet experience, education, certification(s) and driver’s license criteria established for promotion to the next higher-level class to be considered for promotion.

4. Employees must be able to demonstrate their ability to perform a range of practical skills related to actual job requirements and pass a written examination.

5. A minimum of three years’ experience as a regular full-time employee at the entry-level I position is required prior to promotion.

Flexible Staff Positions
Public Works Department
Maintenance Worker
Senior Maintenance Worker

Page 1 of 2 ends

City Council / Local Redevelopment Authority / Public Financing AuthorityOctober 14, 2025

City Council / Local Redevelopment Authority / Public Financing Authority
October 14, 2025