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 4 AGENDA
TUESDAY, OCTOBER 25, 2022 – 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)- No Presentations Scheduled
8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.
9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D3) Cal Campbell
Council/Authority Members:
District 1 Luis Uribe
District 2 Rachel Hernandez
District 4 Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES. WHILE
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.
City Council and LRA Board Meetings Agenda October 25, 2022 Next City Council Resolution: 2022-121 Next Ordinance: 2022-006 Next Local Redevelopment Authority Board Resolution 2022-003 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 4 Item 9.2 Approval of the October 11, 2022 City Council and Local Redevelopment Authority Board Minutes.
Item 9.3 A Resolution Authorizing the City Manager to sign the Memorandum of Understanding with Stanislaus Regional 911
Item 9.4 A Resolution Authorizing the Purchase of 6825 3rd Street (APN 132-010- 014) and 6813 3rd Street (APN 132-010-062) for $350,000 from the American Rescue Plan Act Fund 136
Item 9.5 Adopt a Resolution to Award Bid for the Stanislaus & 7th Street Valley Gutter and Curb Ramp Project to Sinclair General Engineering Construction Inc. and Authorize Execution of Future Change Orders.
Item 9.6 A Resolution to Approve the Employment Agreement between the City of Riverbank and Sue Fitzpatrick as Director of Parks and Recreation and Authorize the City Manager to Execute the Agreement
10. PUBLIC HEARINGS
There is no Public Hearing Notice required for item 10.1 Appeal Hearing.
Item 10.1 Appeal Hearing for a City Issued Code Violation of Building Section 153.033 (B) (3)- R-1 Fence Requirement- It is recommended that the City Council consider the appeal request and any evidence presented by City Staff and the Appellant to determine and declare (by minute order) whether to uphold or reverse the Notice of Violation and related Administrative Citation issued by the City for violation of the Riverbank Municipal Code Section 153.033 (B) (3).
11. NEW BUSINESS
Item 11.1 A Resolution to Name the Diamond Bar East Park/Basin “Bruin Park”- It is recommended that the City Council consider the Resolution to name the Diamond Bar East Park/Basin “Bruin Park”.
Item 11.2 A Resolution Approving the Official Name of the Riverbank Emergency Shelter Location, currently known as the Sierra House- It is recommended that the City Council discuss options and select and/or provide feedback on the official name of the Riverbank Emergency Shelter, currently known as the Sierra House.
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
City Council and LRA Board Meetings Agenda October 25, 2022 Next City Council Resolution: 2022-121 Next Ordinance: 2022-006 Next Local Redevelopment Authority Board Resolution 2022-003 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 4 Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair
13. CLOSED SESSION -No Items Scheduled.
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
14. ADJOURNMENT
• The next regular City Council meeting will be on November 8th, 2022 at 6:00 p.m. • The second meeting of November 22, 2022 is Canceled.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.
NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.
Posted this 20th day of October, 2022.
/s/Gabriela Hernandez, City Clerk
City Council and LRA Board Meetings Agenda October 25, 2022 Next City Council Resolution: 2022-121 Next Ordinance: 2022-006 Next Local Redevelopment Authority Board Resolution 2022-003
PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – is no longer available due to technical difficulties, which is being worked on. • Via ZOOM Platform (See instructions below)
SUBMITTING PUBLIC COMMENTS FOR THE RECORD
Written comments must be received before 4:00 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 4:00 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 audience if anyone wishes to comment, at that time you may approach the podium. (A Spanish language interpreter is available for assistance.) ● 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/83811085397 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 838 1108 5397 • Join by telephone:1 669 900 9128 or 1 346 248 7799, plus Webinar ID: 838 1108 5397 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.
TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION COMMENT
PROCEDURES FOR CITY COUNCIL MEETING HELD IN CONFORMANCE WITH
THE BROWN ACT
Item 9.1 – CC/LRA – 10/25/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.
SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.
The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
There are no attachments to this report.
Item 9.2 – CC/LRA – 10/25/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject: Approval of the October 11, 2022 City Council and Local Redevelopment Authority Board Minutes
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 City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of October 11, 2022, as presented.
SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meetings have been prepared for review and approval.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
1. The October 11, 2022 City Council and Local Redevelopment Authority Board Minutes.
CC / LRA Minutes – 10/11/2022
MINUTES
TUESDAY, OCTOBER 11, 2022 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard D. O’Brien called the meeting to order at 6:00 P.M.
2. FLAG SALUTE - Mayor / Chair Richard D. O’Brien led the pledge of allegiance.
3. INVOCATION – Reverend Randy Richardson provided the invocation.
4. ROLL CALL – A Roll Call of councilmembers was done by the City Clerk.
Members of the City Council / Local Redevelopment Authority Board present in the Chamber:
Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien
5. AGENDA CHANGES
No changes to the Agenda.
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 Walk & Roll to School Day Proclamation- It is recommended that City council present a proclamation for Walk & Roll to School Day for October 12th to Armando Nunez, Program/Grant Manager for CASA del Rio Family Resource Center.
Mayor O’Brien presented the Walk & Roll to School Day Proclamation to Armando Nunez, Program/Grant Manager for CASA del Rio Family Resource Center.
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D3) Cal Campbell
Council/Authority Members:
District 1 Luis Uribe
District 2 Rachel Hernandez
District 4 Darlene Barber-Martinez
CC / LRA Minutes – 10/11/2022
Item 7.2 Lights on After School Proclamation- It is recommended that City Council present a proclamation for Lights on After School for October 21st to Armando Nunez, Program/Grant Manager for CASA del Rio Family Resource Center.
Mayor O’Brien presented the Lights on Afterschool Proclamation to Armando Nunez, Program/Grant Manager for CASA del Rio Family Resource Center, California Avenue Elementary Staff and students.
Item 7.3 Code Enforcement Week Proclamation- It is recommended that City Council present a proclamation for Code Enforcement Week to Michele Garcia, Senior Neighborhood Improvement Officer.
Mayor O’Brien presented the Code Enforcement Proclamation to Michele Garcia, Senior Neighborhood Improvement Officer and Pat McCulloch, Neighborhood Improvement Officer.
8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Mayor O’Brien Opened Public Comment at 6:20 p.m.
Bianca Lopez with Valley Improvement Projects, spoke to invite everyone to the event Air Quality Community Workshop on Monday October 17, 2022 at 5:30 p.m. at St. Frances of Rome Parish Hall, 2827 Topeka Street. Learn about local air quality and opportunities for reducing harmful pollutants in our most vulnerable communities.
Residents who spoke in opposition of the Riverwalk Project Betsy Walton, Riverbank Resident
Jamie Aggers, Riverbank Resident
Kathy Spinell, Modesto Resident
Barney Aggers, Riverbank Resident
There being no further public comments, Mayor O’Brien closed the Public Comment period at 6:33 p.m.
9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 9.2 Approval of the September 27, 2022 City Council and Local Redevelopment Authority Board Minutes.
Item 9.3 A Resolution 2022-117 to Authorize funds to retro-fit one Zerillo Park Tennis Court to a Pickleball Court.
CC / LRA Minutes – 10/11/2022
Item 9.4 A Resolution 2022-118 Authorizing the property owner Sukhueun Khun to drill a potable water well located on the property at 6307 Snedigar Rd.
Riverbank CA.
Mayor O’Brien Opened Public Comment at 6:34 p.m.
Mayor O’Brien Closed Public Comment at 6:35 p.m.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Barber-Martinez/Campbell5/0) to approve the consent calendar as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
10. PUBLIC HEARINGS- No Hearings Scheduled.
11. NEW BUSINESS
Item 11.1 A Resolution Authorizing an Amendment to the Master Subscription Agreement with Epic I/O, formerly known as IntelliSite LLC, to Upgrade the Camera Equipment and Software and Authorizing a Budget Amendment for the Increased Amount, and,
A Resolution to Add Additional Site Locations within the City of Riverbank Security Camera and License Plate Reader (LPR) System and Authorizing a Budget Amendment for the Additional Costs.- It is recommended that the City Council consider approval of the attached resolutions authorizing the City Manager to execute an amendment to the Master Subscription Agreement with Epic I/O formerly known as IntelliSite LLC to refresh our current camera equipment and software, and to add additional locations within the City.
Police Chief Ridenour introduced Elpidio Compres, Sales Director with Epic I/O formerly known as IntelliSite, LLC., who presented a comprehensive staff report & Power Point Presentation to upgrade the camera equipment and Software, and additional site locations within the City of Riverbank to add Security Camera and License Plate Reader (LPR) System.
City Council discussed item with Staff.
Opened Public Comment at 7:04 p.m.
Closed Public Comment at 7:04 p.m.
CC / LRA Minutes – 10/11/2022
There being no public comments, Mayor O’Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe/Campbell 5/0) to approve and authorize an amendment to the Master Subscription Agreement between Epic I/O, formerly known as IntelliSite LLC, Approving Resolution 2022-119 to upgrade the Camera Equipment and Software and Resolution 2022-120 to Add additional Site Locations within the City of Riverbank Security Camera and License Plate reader (LPR) System.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Campbell, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
City Manager Garcia advised the City Council and the public on the following:
• Thank you to Sue, Parks & Rec Staff, and All City Staff that worked this weekend on the Cheese & Wine Festival, to make sure that everything ran as smoothly as possible.
• Thank you to Tammy Alcantor, in finance who made sure that everything was working properly in funds collected and other miscellaneous items. • The Turf Replacement Program funds have been reserved for the maximum that was allotted by the Council, at this time any applications that are received will be placed on a waiting list in the event, that any of the approved applications fall through.
Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• Posed a question on project Resolve,Chief mentioned there would be some feedback received from the high schools, would like to know who is conducting it? ➢ Chief stated, Kate Trumpeter, a consultant, is the coordinator for project Resolve, she would be on site at the schools, have coordinated with the Superintendent and principal to be able to work with different groups of students.
• Attended the Cheese and Wine, would like to apologize for the translation. It is important to Council that we translate whenever possible. Would like to see translation services included in the budget and being provided in the years moving forward to our Hispanic and Latino populations.
Councilmember Uribe reported on the following:
CC / LRA Minutes – 10/11/2022
• Attended the Cheese and Wine Festival on Saturday spent the day fundraising with Reverend Randy, Vice Mayor, and resident John Pimentel for Love Riverbank.
Looking forward to continuing this tradition.
• Will be taking an updated tour of Aemetis, with Vice President Jarrett Hollis. • Will be attending the Lights on Afterschool Celebration. • Looking forward to the Dia de Los Muertos on October 28th. • Will be on vacation next week for his birthday in Disneyland, and will not be able to attend the Air Quality Community Workshop.
Councilmember Barber-Martinez reported on the following:
• Attended the Homeless Coalition Meeting was presented by Stanislaus County Office of Education, it was noted that there were 500 youth that dropped out this year from Stanislaus County Schools this year. Key objectives for the group: To encourage the use of local ARPA Funds, inclusion of migrants and refugees, and to be mindful of humanity efforts for housing, warm clothes and food since the weather is changing, help families to adopt for readiness of Job openings. • Really enjoyed the Dancing Horses and being a judge. All the horses were beautiful and so it was very tough decision.
• Thank you to City Staff and Tammy for all their efforts at the Cheese and Wine Festival.
• There will be a SHA Meeting tomorrow at 5:30 p.m. at 1010 10th Street in Modesto, in the Basement Council Chambers.
• Walk & Roll to School Day tomorrow October 12th will be there meeting at Castleburg Park at 7:15 a.m. if anyone would like to join.
Vice Mayor Campbell reported on the following:
• Would like to caution everyone dropping off their kids at school, with the Weather getting cooler and dark in the morning, remember to be safe, there are traffic jams, and there have been accidents. Think Safety for the kids.
Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• Would like to thank Staff for their efforts during this last year with the 100th Celebrations and the Cheese and Wine. Truly impressive the way the staff has handled each event, and this event is no exception. The event was flawless, there maybe some changes that need to be made as we change.
CC / LRA Minutes – 10/11/2022
• Thank you to Riverbank Police Services for the way they handled the individuals that were out there not to have fun, but to disturb. Thank you to the Chief for all you have done.
• Code Enforcement is a tough job, but there are a lot of things that need to be pointed out to our residents and how they can improve their lot. One of those being encroachments. There has to be some way that we can enforce it, or change how we are addressing that.
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item13. 1 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency Representative: City Manager, Marisela Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Mayor O’Brien opened Public Comment at 7:13 p.m.
There being no public comments, Mayor O’Brien brought the item back to the City Council and went into Closed Session at 7:13 p.m.
City Council Reconvened at 7:35 p.m.
RECONVENE – REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session on Item 13.1
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency Representative: City Manager, Marisela Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
ACTION: Direction was provided to staff.
15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:35 p.m. to the next regular scheduled City Council / LRA Meeting of October 25, 2022 at 6:00 p.m.
ATTEST: (Adopted 10/25/2022) APPROVED:
Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor / Chair
Item 9.3 – CC/LRA – 10/25/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject: A Resolution Authorizing the City Manager to sign the Memorandum of Understanding with Stanislaus Regional 911
From: Marisela H. Garcia, City Manager
Submitted by: Michael Riddell, Public Works Director
RECOMMENDATION
It is recommended that the City Council consider adopting a resolution which will allow the City Manager to sign the Memorandum of Understanding (MOU) with Stanislaus Regional 911 (SR911)
SUMMARY
SR911 is proposing to install a communication facility within the City of Riverbank Corporation Yard.
BACKGROUND
In an effort to enhance and strengthen the communication infrastructure for emergency services within the County, staff from SR 911 identified a variety of locations that would benefit from the installation of additional communication towers. Once such area was the City’s Corporation Yard which would provide enhanced services for Riverbank and the eastern portion of the County.
SR911 shall provide and install the following equipment at the Communications Site and at its sole expense (collectively, the “Communication Facilities”):
➢ Maximum of 160-foot, free standing communication tower with antennas and mounting brackets.
➢ Two (2) microwave systems with dishes to provide connectivity between the Riverbank communication site and other sites in the county. ➢ One (1) 10ft. x 20ft. communications shelter to house communications equipment.
➢ Battery back-up for all communications equipment.
Item 9.3 – CC/LRA – 10/25/2022
➢ Provide and install necessary repeaters, receivers, multiplexers and other communications equipment in shelter as needed to support public safety communications needs.
➢ Provide space on the tower and inside communications shelter for the City of Riverbank services existing or future communications needs. ➢ Install separate AC power service and meter.
➢ Cost of any construction or permits required to install the communication site.
The project will be constructed using AB109 funding and pursuant to Government Code section 6505, Office of Emergency Services shall be strictly accountable for all grant funds.
The City shall provide the following:
• Space at the communication site, sufficient to accommodate the Communication Facilities including, but not limited to, the tower and communications shelter.
• 24/7 access for SR911 technical staff and qualified third-party radio maintenance vendor that has met City and SR911 security requirements.
The City and County will both share use of new Communications Facilities.
STRATEGIC PLAN
This item is directly associated to the City Council’s Strategic Plan Goal to “Improve Public Safety.”
FINANCIAL IMPACT
There is no financial impact to the City. All costs will be borne by Stanislaus Regional 911.
ATTACHMENT
1. Resolution 2022-
2. SR911 Memorandum of Understanding
CC/LRA – 10/25/2022
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH STANISLAUS REGIONAL 911 (SR911) TO INSTALL A COMMUNICATION FACILITY
AT THE CITY OF RIVERBANK CORPORATION YARD
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, SR911 proposes to install a communications facility at the corporation yard; and
WHEREAS, said facilities will enhance the ability of public safety to communicate thru out the county; and
WHEREAS, SR911 will install all equipment at no charge to the City of Riverbank; and
WHEREAS, the City of Riverbank will have the ability to utilize the tower and equipment shelter free of charge; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes approves the Memorandum of Understanding with Stanislaus Regional 911 and authorizes the City Manager to execute said agreement.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25 th day of October, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: SR911 Memorandum of Understanding
ATTACHMENT 1
ATTACHMENT 2
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject: Resolution Authorizing the Purchase of 6825 3rd Street (APN 132- 010-014) and 6813 3rd Street (APN 132-010-062) for $350,000 from the American Rescue Plan Act Fund 136
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution authorizing the purchase of 6825 3rd Street (APN 132-010-014) and 6813 3rd Street (APN 132-010-062) for $350,000 from the American Rescue Plan Act Fund 136.
SUMMARY
On September 27, 2022 the City Council provided staff direction to initiate negotiations for the purchase of these properties in order to provide additional parking for our downtown businesses. Tonight’s action formalizes that approval and allows the allocation of funds from the American Rescue Plan Act funding received by the City.
BACKGROUND
In February 2019, the City Council participated in a Strategic Plan update wherein they developed eight Goals that would provide city staff with guidance on the priorities of the City Council. These Goals were developed to assist the City in reaching its Mission “…to provide high quality, professional services and a safe family-oriented community for our diverse residents to thrive.” The intent of the City’s Mission statement is to provide opportunities for all of our residents to thrive, including our commercial businesses within the City. To that end, the City Council established a goal to “Improve Historic Downtown.” One of the on-going difficulties with our downtown is the lack of parking. Many of the businesses rely on on-street parking for their employees. This limits the amount of parking that is available for the patrons that are visiting our downtown. As new businesses continue to open and flourish, parking will continue to become more limited. In addition, the City’s existing parking lot at the northeast corner of Third Street & Stanislaus is in progress to be sold to the Stanislaus Regional Housing Authority for the construction of a senior center thereby reducing further the amount of parking in this area.
Item 9.4 CC/LRA – 10/25/2022
Item 9.4 CC/LRA – 10/25/2022
With the goal of ensuring the long-term success of our downtown businesses, city staff have been actively seeking opportunities to enhance our downtown parking needs. The properties located at 6825 & 6813 3rd street have been vacant for quite some time. With the limited amount of vacant land in our downtown area, we believe that at this time these properties would be suitable for this purpose.
After direction was received on September 27th, a purchase offer was submitted to the sellers and has been accepted for a purchase price of $350,000 with a 21-day escrow.
Tonight’s action will formalize the authorization for the City Manager to proceed with the purchase of the property and allocate American Rescue Plan Act Funds for said purchase.
STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Objective to “Improve Historic Downtown.”
FINANCIAL IMPACT
Purchase price negotiated at $350,000 to be allocated from American Rescue Plan Act Fund 136.
ATTACHMENT
1. Resolution 2022-
2. Commercial Purchase Agreement
CC/LRA – 10/25/2022
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AUTHORIZING THE PURCHASE OF 6825 3RD STREET (APN 132- 010-014) AND 6813 3RD STREET (APN 132-010-062) FOR $350,000 AND ALLOCATING FUNDS FROM THE AMERICAN RESCUE PLAN ACT FUND 136 FOR
SAID PURCHASE
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, in February 2019 the City Council established a Strategic Plan Goal to “Improve Historic Downtown”; and
WHEREAS, in order to achieve this Goal, the City Council understands the need for additional parking in our downtown area for the benefit of our local businesses; and WHEREAS, over the course of the past several months city staff has been evaluating opportunities to provide additional parking for both employees and patrons of our downtown businesses; and
WHEREAS, the purchase of these properties will allow the City to continue implementing its Strategic Plan by providing much needed parking opportunities downtown; and
WHEREAS, on September 27, 2022 the City Council provided the City Manager with direction to proceed with the negotiation for the purchase of these properties; and WHEREAS, the City Council desires to allocate $350,000 in American Rescue Plan Act Funds in order to complete this purchase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the purchase of 6825 3rd Street (APN 132-010-014) and 6813 3rd Street (APN 132-010-062) and allocates $350,000 from American Rescue Plan Act funds for this purchase.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of September, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :
AYES:
ATTACHMENT 1
CC/LRA – 10/25/2022
CC Resolution 2022-
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
ATTACHMENT 2
Item 9.5 - CC/ LRA – 10/25/22
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject/ Title: Adopt a Resolution to Award Bid for the Stanislaus & 7th Street Valley Gutter and Curb Ramp Project to Sinclair General Engineering Construction Inc. and Authorize Execution of Future Change Orders
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager Laura Graybill, Senior Project Coordinator
RECOMMENDATION
It is recommended that City Council approve two (2) actions by a roll call vote:
1. Adopt a Resolution to Award bid to the lowest responsible bidder, Sinclair General Engineering Construction Inc.; and
2. Authorize the City Manager to execute Change Orders within total project budget.
SUMMARY
The Stanislaus & 7th Street Valley Gutter and Curb Ramp Project, will consist of replacement of the Valley Gutter and ADA accessible ramps that are found to be out of code and to improve Americans with Disabilities (ADA) accessibility. The City has previously identified this project for using funding received through Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017. This Act was passed by the Legislature and signed into law by Governor Brown in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. SB 1 includes accountability and transparency provisions that ensure residents of the City of Riverbank are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
The bid opening was held on Tuesday, October 18, 2022 to consider the bids for the Stanislaus & 7th Street Valley Gutter and Curb Ramp Project. The following bids were received:
Item 9.5 - CC/ LRA – 10/25/22
Sinclair General Engineering Construction Inc. $ 89,549.00 George Reed, Inc. $ 108,592.00
FBD Vanguard Construction, Inc. $ 123,338.90
F. Loduca Co. $ 130,900.50
TBS Contractors $ 134,820.54
United Pavement Maintenance, Inc. $ 148,020.00
DRYCO Constrction $ 155,198.25
Work on the project includes, but is not limited to, furnishing all labor, materials, equipment, transportation, and incidentals necessary to construct all curb, gutter, ADA ramps, sidewalk, valley gutter, aggregate base and asphalt concrete paving, striping, adjusting structures to grade and all other work included on the plans for the above mentioned project.
Bids have been reviewed and Sinclair General Engineering Construction Inc. has been identified as the lowest responsible bidder for the project.
It is requested that the City Council provide the City Manager authorization to execute Change Orders if they are within total budget.
FINANCIAL IMPACT
Funding has been programmed for this project with SB1 Funds, $96,820.00.
ATTACHMENT
1. Draft Resolution 2022-
2. Site Map
CC/LRA – 10/25/2022
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, TO AWARD A CONTRACT FOR THE
STANISLAUS & 7TH STREET VALLEY GUTTER AND CURB RAMP PROJECT WITH SINCLAIR GENERAL ENGINEERING CONSTRCTION INC. IN THE AMOUNT OF $89,549.00, AND AUTHORIZE THE CITY MANAGER TO EXECUTE
SAID CONTRACT AND APPROVE THE CHANGE ORDERS UP TO THE
PROJECT CONTINGENCY FUND OF $7,271.00
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Stanislaus & 7th Street Valley Gutter and Curb Ramp Project includes to construct all curb, gutter, ADA ramps, sidewalk, valley gutter, aggregate base and asphalt concrete paving, striping, adjusting structures to grade; and WHEREAS, the City published a Notice to Bidders inviting interested bidders to submit their sealed bids for the Project; and
WHEREAS, on October 18, 2022, the City of Riverbank received seven (7) bids and publicly opened and read the bids; and
WHEREAS, the apparent responsive and responsible low bidder is Sinclair General Engineering Construction Inc., in the amount of $89,549.00; and WHEREAS, staff also recommends that the City Council approve a project contingency of $7,271.00 for the Project to fund additional work as needed during renovation and construction; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves a contract with Sinclair General Engineering Construction Inc., in the amount of $89,549.00; and
AND NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes the City Manager to execute the said contract and approve change orders up to the project contingency funds of $7,271.00.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25
th day of October, 2022; motioned by Councilmember
________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of:
ATTACHMENT 1
CC/LRA – 10/25/2022
CC Resolution 2022-
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
_________________________ _____________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Sinclair General Engineering Construction Inc. Contract Site Map
Stanislaus & 7th Valley Gutter and ADA Project
ATTACHMENT 2
Item 9.6 – CC/LRA – 10/25/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.6
SECTION 9: CONSENT CALENDAR
Meeting Date: October 25, 2022
Subject: Resolution to Approve the Employment Agreement between the City of Riverbank and Sue Fitzpatrick as Director of Parks and Recreation and Authorize the City Manager to Execute the Agreement From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider a Resolution approving the Employment Agreement between the City and Sue Fitzpatrick, Director of Parks & Recreation.
SUMMARY
On December 11, 2022 the employment agreement with Mrs. Fitzpatrick was set to expire. Mrs. Fitzpatrick and the City Manager have been negotiating the terms of a new contract and have reached a tentative agreement that is being presented today for consideration by Council.
BACKGROUND
Sue Fitzpatrick has been the City’s Director of Parks & Recreation since October 18, 1999. Over the past 23 years, Mrs. Fitzpatrick has achieved great success in obtaining grants for park improvements, developed maintenance standards for our parks, and initiated programs and events for our community to participate in. In addition, Sue and her staff have overseen the Cheese & Wine event for the past several years.
In 2019, a renegotiated contract was approved for Mrs. Fitzpatrick which extended her employment with the City through December 2022. Recently, Mrs. Fitzpatrick and the City Manager have been renegotiating the terms of the existing employment contract and have come to an agreement on the updated terms listed below.
TERMS
Item 9.6 – CC/LRA – 10/25/2022
Mrs. Fitzpatrick’s proposed contract will continue the terms from the 2019 Agreement with the following modifications:
1. Term: Date of Execution by both parties – December 29, 2023
2. Base Salary: Employee to be eligible for a 7% Cost of Living Adjustment effective the first full pay period starting September 23, 2022.
STRATEGIC PLAN
This item is directly related to the strategic goals of attract, develop, and retain quality staff.
FINANCIAL IMPACT
The attached employment agreement represents a 7% salary increase to the Director of Parks & Recreation base salary. Total fiscal impact of this increase: $13,100
ATTACHMENTS
1. Resolution 2022-
2. Director of Parks & Recreation Employment Agreement-Draft
CC/LRA – 10/25/2022
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING AN EMPLOYMENT AGREEMENT WITH SUE FITZPATRICK AS
DIRECTOR OF PARKS AND RECREATION AND TO AUTHORIZE 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, the City of Riverbank currently has an employment agreement with Sue Fitzpatrick as Director of Parks and Recreation; and WHEREAS, the agreement was set to expire on December 11, 2022; and WHEREAS, Mrs. Fitzpatrick submitted a request for the City Manager to consider a renegotiation of her existing agreement; and
WHEREAS, the City Manager and Mrs. Fitzpatrick have reached a tentative agreement on the terms and conditions of said employment agreement; and WHEREAS, the City and Sue Fitzpatrick now wish to enter into an Employment Agreement (the “Agreement”), which is attached hereto as Exhibit A, and WHEREAS, based on the negotiated 7% Cost of Living Adjustment the salary range for the Director of Parks and Recreation is updated as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve the Agreement between Sue Fitzpatrick and the City for employment as Director of Parks and Recreation and authorizes the City Manager to execute the Agreement on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of October, 2022; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
Salary Step Step Step Step Step
Range A B C D E
226 9,717.85 10,203.74 10,713.93 11,249.63 11,812.11
ATTACHMENT 1
CC/LRA – 10/25/2022
CC Resolution 2022-
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment(s): Exhibit A – Employment Agreement
City of Riverbank
Director of Parks and Recreation
Employment Agreement
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the City of Riverbank, a municipal corporation (“City”), and Sue Fitzpatrick, an individual (“Employee”). The City and Employee may individually be referred to herein as “Party” or collectively as “Parties”. There are no other parties to this Agreement.
RECITALS
A. Employee began employment with the City on October 18, 1999 (“Anniversary Date”).
B. Employee is presently employed with the City and serves as the Director of Parks and Recreation. The Director of Parks and Recreation is the head of the Parks and Recreation Department and provides departmental and complex administrative support to the Riverbank City Manager (“City Manager”).
C. The City Manager is authorized to appoint City staff pursuant to the City Code of Riverbank (“City Code”) section 31.03(H)(12).
D. The Parties wish to enter into a new employment agreement as Employee wishes to continue her employment with the City, and the City wishes to continue Employee’s employment with the City as Director of Parks and Recreation.
E. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Director of Parks and Recreation and replace any previous employment relationships and benefits previously conferred on the Director of Parks and Recreation.
F. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of California Government Code (“Government Code”) sections 36505 and 53260 et seq.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties and in consideration of the benefits that accrue to each, it is agreed as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 10 will prevail.
ATTACHMENT 2
City of Riverbank
Director of Parks and Recreation
Employment Agreement
Section 2. Effective Date. This Agreement shall become effective once executed by both the City and Employee (“Effective Date”).
Section 3. Appointment of Director of Parks and Recreation, Duties, and Term.
Section 3.1. Appointment of Director of Parks and Recreation and Duties.
Employee shall serve as the Director of Parks and Recreation of the City, and shall be vested with the powers, duties, and responsibilities set forth in City Code, California law, ordinances, and resolutions, and such other duties and functions as the City Manager may from time-to-time assign.
Section 3.2. No Secondary Employment. Employee agrees to devote all of her productive time, ability, and attention to the City’s business to the fullest extent necessary to perform her duties and responsibilities to the satisfaction of the City. During the Term, as defined in Section 3.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Manager in writing if Employee wishes to accept secondary employment, so the City Manager may determine whether there is the appearance of or an actual conflict, or potential conflict, with the satisfactory performance of Employee’s Duties and/or the best interest of the City. Employee shall not hold secondary employment, subject to any exceptions approved in writing by the City Manager; provided, however, that Employee has the right to volunteer for such nonprofit organizations as she may see fit and further provided that such volunteer services shall not interfere with Employee’s duties as Director of Parks and Recreation on behalf of the City.
Section 3.3. Exempt Employee. The general business hours for City employees are Monday through Friday, 7:30 a.m. to 5:30 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Director of Parks and Recreation position, unless otherwise provided in this Agreement.
Section 3.4. Schedule. The Director of Parks and Recreation’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Director of Parks and Recreation position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Manager recognize that the Director of Parks and Recreation must devote a great deal of her time outside normal office hours to business of the City and, to that end, will be allowed to take Executive Leave, as defined in Section
5.11 of this Agreement, as she shall deem appropriate during said normal office hours.
Section 3.5. Term. The term of this Agreement shall commence on the Effective Date and shall expire on December 29, 2023. (“Term”). No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to City of Riverbank
Director of Parks and Recreation
Employment Agreement
Employee as to whether the City Manager intends to extend the Term. Termination of this Agreement prior to the expiration of the Term shall be in accordance with Section 6 below.
Section 4. At-Will Employment. Employee is an at-will employee serving at the pleasure of the City Council and City Manager, as provided in Government Code section 36506 and City Code section 31.01. Accordingly, the City Manager may terminate Employee’s employment and this Agreement at any time, with or without cause. Only if Employee is terminated by the City without Good Cause, as defined in Section 6.3 of this Agreement, shall Employee be entitled to a Severance, as defined in Section 6.3 of this Agreement.
Section 5. Compensation and Evaluations.
Section 5.1. Base Salary. City currently pays Employee an annual salary of One Hundred Thirty-Two Thousand Four Seventy-Two and Twenty Cents ($132,472.20) (“Base Salary”), payable in installments at the same time the other City employees are paid.
Employee shall receive a cost of living increase (“COLA”) in the amount of seven percent ( 7%) to be effective the pay period beginning September 23, 2022 bringing the updated base salary to One Hundred Forty One Thousand Seven Hundred Forty Five and Thirty Two Cents ($141,745.32). Employee shall not receive a COLA in 2023.
Section 5.2. Pro-rata Decrease. Employee acknowledges that the Base Salary may be subject to a pro-rata decrease based on the City Council’s adoption of an unpaid Mandatory Furlough Program adopted as a budgetary measure.
Section 5.3. Review and Evaluation. The City Manager agrees to review and evaluate Employee’s performance of her duties as Director of Parks and Recreation, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall be conducted in November of each year, or at the City Manager’s discretion. If Employee does not receive a performance evaluation of at least “Satisfactory”, Employee may appeal to the City Council for a new performance evaluation.
Section 5.4. Healthcare Benefits. Employee shall receive healthcare benefits under the same terms and conditions as provided to employees under Section 7.01 the 2022-2025 Municipal Employee Association MOU during the Term of this Agreement.
Section 5.5. Life Insurance. City will provide Employee with life insurance in the amount of Fifty Thousand Dollars ($50,000).
Section 5.6. Deferred Compensation. City shall establish and maintain a deferred compensation plan and pay the sum of Twenty-Five Dollars ($25.00) each pay period on behalf of Employee into said deferred compensation plan. City will also match Employee’s contribution to the deferred compensation plan in an amount not to exceed Twenty-Five Dollars ($25.00) each pay period. City will also contribute One Hundred Ten Dollars and City of Riverbank
Director of Parks and Recreation
Employment Agreement
Sixteen Cents ($110.16) each month to the Union Pension Retirement Fund. Employee shall receive any adjustment to this program granted to all other City Department Heads.
Section 5.7. Retirement. City shall pay the employer cost of participation in the California Public Employees Retirement System (“CalPERS”). Employee will be enrolled in the CalPERS 2% @ 55 Classic plan. Employee shall pay the seven percent (7%) employee contribution.
Section 5.8. Vacation. Employee shall be entitled to five (5) weeks (200 hours) of vacation annually. Employee may not accumulate more than four hundred hours (400) of vacation leave.
Section 5.9. Sick Leave. Employee shall earn sick leave at the rate of one (1) working day for each month of service.
Section 5.10. Holidays. Employee shall be entitled to observe, with pay, the thirteen (13) observed holidays as outlined in the City’s Personnel Rules.
Section 5.11. Executive Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business. To that end, Employee shall receive ninety-six (96) hours of executive leave (“Executive Leave”) at the beginning of each fiscal year, sixteen (16) of which may be cashed out if not used. Any unused Executive Leave expires on the June 30 of each fiscal year.
Section 5.12. City Vehicle. Employee may have the use of a City vehicle for travel on all City-related business.
Section 5.13. Professional and Educational Development. City agrees to budget for reasonable costs of travel and business expenses for Employee to attend professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for the City, including, but not limited to, annual conferences of the League of California Cities, and such other regional and local government groups and committees thereof on which Employee serves as a member, provided such travel and business expenses are included within the annual budget. City agrees to pay Employee’s annual membership dues to professional organizations that benefit the Employee and the City as designated and approved in the final budget.
Section 5.14. Longevity Benefits. Longevity Pay is to recognize long-term employees of the City and designed to provide eligible employees compensation in addition to their regular Base Salary. Employee shall be eligible for longevity pay under the criteria in the Personnel Rules and Regulations as follows:
Years of Continuous Service Longevity Pay Rate
13 but less than 20 5% of Base Salary
20+ additional 2.5% of Base Salary (total of 7.5%)
City of Riverbank
Director of Parks and Recreation
Employment Agreement
The maximum longevity pay increase employees can receive during the term of their employment with the City is seven and a half percent (7.5%). Longevity pay compensation shall be effective the first full pay period following Employee’s meeting the eligibility criteria.
Section 6. Termination of Employment and Severance.
Section 6.1 Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full time public service with the City, Employee shall provide three (3) months advance written notice. Employee’s actual retirement date will be mutually established between the Parties. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts, both accrued and owing, under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 6.3 of this Agreement.
Section 6.2. Termination by City Manager. The City Manager may terminate this Agreement and remove Employee from her position as Director of Parks and Recreation at any time with or without cause and with or without notice, subject to ratification by the City Council. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs her ability to earn a living, or might damage her standing in a community, Employee may, within five (5) business days of the City Manager’s notice to Employee of his or her intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council. The "name-clearing" hearing is solely to provide Employee the opportunity to clear her name. The hearing shall take place at a regularly scheduled City Council meeting or closed session in accordance with the City’s Municipal Code, Personnel Rules, or standard practice, if applicable, and any applicable provisions of state law. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Manager’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Manager provided notice to Employee of his or her intent to terminate Employee’s employment.
Section 6.3. Termination Without Good Cause. In the event the City terminates this Agreement without Good Cause, as defined in Section 6.4 below, the City shall pay Employee a sum equal to four (4) months Base Salary (“Severance”). This Severance is City of Riverbank
Director of Parks and Recreation
Employment Agreement
subject to the restrictions of Government Code section 53260. Any cash settlement related to the termination of this Agreement received by Employee from the City, shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position while employed with the City, pursuant to Government Code section 53243.2.
Severance shall be paid in the same manner as to other City employees unless otherwise agreed to by the City and Employee. In the event the City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at her own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
Section 6.4. Termination For Good Cause. The City may at any time immediately terminate this Agreement for Good Cause, as defined below. If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:
1. Conviction of a felony;
2. Disclosing confidential information of City;
3. Gross carelessness or misconduct;
4. Unjustifiable and willful neglect of the duties described in this Agreement;
5. Mismanagement;
6. Non-performance of duties;
7. Any conduct which violates the City’s Personnel Rules and for which a City employee may be terminated;
8. Repeated and protracted unexcused absences from the Director of Parks and Recreation’s office and duties;
9. Willful destruction or misuse of City property;
10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;
11. Willful violation of federal, state or City discrimination laws; City of Riverbank
Director of Parks and Recreation
Employment Agreement
12. Continued substance abuse which adversely affects performance of Employee’s duties as the Director of Parks and Recreation;
13. Refusal to take or subscribe any oath or affirmation which is required by law; or
14. Disability that renders Employee unable to perform the essential functions of her job, which City is unable to reasonably accommodate without placing an undue burden on City;
15. Dishonesty; and
16. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests.
Notwithstanding any provision in this Agreement to the contrary, the City Manager may suspend Employee with full pay and benefits at any time during the Term of this Agreement.
Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Director of Parks and Recreation in accordance with California’s Tort Claims Act (Government Code section 825 et seq.), and shall provide a defense to Employee in accordance with Government Code sections 995-996.5. The City may decline to defend or indemnify Employee only as permitted by the Government Code. The City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City’s duty to defend and indemnify shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides funds for legal criminal defense pursuant to this Section, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.4.
Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.
Section 9. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. 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 facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical City of Riverbank
Director of Parks and Recreation
Employment Agreement
receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Riverbank
Attn: City Clerk
6707 Third Street
Riverbank, CA 95367
and White Brenner, LLP
Attn: Thomas P. Hallinan
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: City of Riverbank
Attn: Sue Fitzpatrick
6707 Third Street
Riverbank, CA 95367
w/cc: home address on file
Section 10. General Provisions.
10.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.
10.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties relating to Employee’s employment and supersedes and renders null and void all other prior or contemporaneous oral or written obligations, understandings and agreements of the Parties relating to the subject matter herein. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
City of Riverbank
Director of Parks and Recreation
Employment Agreement
10.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
10.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
10.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
10.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
10.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
10.8. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
10.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
10.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Stanislaus in the State of California.
10.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's 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. [SIGNATURE PAGE TO FOLLOW]
City of Riverbank
Director of Parks and Recreation
Employment Agreement
IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.
CITY:
City of Riverbank, a municipal corporation
of the State of California
By:
Marisela H. Garcia, City Manager
Date Signed:
EMPLOYEE:
By:
Sue Fitzpatrick, an individual
Date Signed:________________
By:
Gabriela Hernandez, City Clerk
Date Signed:
Approved as to Form and Content:
By:
Thomas P. Hallinan, City Attorney
Item 10.1– CC/LRA – 10/25/2022
RIVERBANK CITY COUNCIL / APPEALS BOARD
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: October 25, 2022
Subject: Appeal Hearing for a City Issued Code Violation of Building Section 153.033 (B) (3)- R-1 Fence Requirement
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk
RECOMMENDATION
It is recommended that the City Council consider the appeal request and any evidence presented by City Staff and the Appellant to determine and declare (by minute order) whether to uphold or reverse the Notice of Violation and related Administrative Citation issued by the City for violation of the Riverbank Municipal Code Section 153.033 (B) (3).
INTRODUCTION
Administrative citations are issued by City staff primarily to gain compliance with State or Municipal Codes and regulations in a timely and efficient manner, as well as to protect the public health, safety, and welfare of its citizens. In addition, it provides a method to hold parties responsible 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 to bring the responsible party into compliance.
BACKGROUND
No Public Notice is required for this Public Hearing.
The following appeal request is scheduled to be considered by the City Council:
Item 10.1– CC/LRA – 10/25/2022
CIT. # NAME DATE OF
CITATION
RIVERBANK
MUNICIPAL
CODE
OFFE
NSE FINE VIOLATION
2022-
0906
Kimberly
Davidson 08/15/22
Building
Section
153.033 (B) (3) 1st
Corrective
Action
R-1 Fence
Requirement
(City Staff
Reported)
The City Clerk received an appeal request for Notice of Violation and related corrective action citation issued to the resident. A timely notice of an appeal hearing scheduled for Tuesday, September 20th, 2022, at 7:00 p.m., or soon thereafter, before the Appeals Board was emailed and mailed via US Postal Service by the City Clerk, with additional follow up emails conducted to ensure the Appellant appeared for the hearing. On the evening of the hearing, the Appellant and city staff presented their case and evidence before the Appeals Board. After deliberation, the Board declared the citation and related corrective action upheld.
In accordance with policy, an Appellant has the opportunity to appeal the decision made by the Appeals Board to the City Council. As required, a notice of the hearing scheduled for October 25, 2022, at 6:00 p.m., to appear before the Council was emailed and mailed via US Postal Service to the Appellant on Tuesday, October 18th, by the City Clerk.
Confirmation by the Appellant of receipt of the notice, and to appear at the hearing was received by the City Clerk via email.
The City Council is the final authority to consider this matter. Council’s final action to declare whether the citation is upheld or reversed (i.e., dismissed) will stand, and a formal letter to the Appellant will be mailed soon thereafter to confirm the final decision.
FINANCIAL IMPACT
If the appeal request is granted, the City of Riverbank will allow the appellant to maintain her Fence as is, with no corrective action needed. If the appeal request is denied, the appellant will have 30 days to correct the Fence Requirement violation as stated and described by city Staff. If the appellant does not correct the violation within 30 days, a fine in the amount of $100 dollars per day will be issued until the violation is corrected.
Although the fine is established with the intent of being punitive, in the hope that it will deter building infraction activity, the fine amounts collected do go toward partially offsetting the significant cost that has been expended in enforcing this ordinance. The net effect of the ordinance enforcement as a whole is a negative budget impact as is the case with many code enforcement activities. In general, full cost recovery is not typically achievable when compliance (and not revenue) is the core goal of code enforcement.
ATTACHMENTS
1. Reference copy of RMC Building Section 153.033 (B) (3)
2. Appellants Statement
3. Photograph Evidence
§ 153.033 BUILDING REQUIREMENTS.
(A) Height limit.
(1) For dwellings and other main buildings, including accessory dwelling units – 35 feet. (2) For accessory buildings and structures:
(a) Sheds: A subordinate structure or building used primarily for storage purposes, of a height no greater than 15 feet and the total square footage of which does not exceed 120 square feet. Sheds that exceed 120 square feet shall require a building permit;
(b) Gazebos 15 feet: An accessory building consisting of a detached, covered, free-standing, open-air structure not exceeding 300 square feet; and
(c) Skate ramps (half-pipes and similar structures):
1. For purposes of this section, HALF PIPE means a smooth-surfaced outdoor structure shaped like a trough and used in gravity extreme sports such as skateboarding, freestyle BMX, or in-line skating. Portions of the half-pipe may be located below ground, but in no case shall any portion of the half-pipe exceed four feet in height above ground level excluding hand rails. If a change in elevation has occurred since the original construction of the dwelling unit, for example a dirt pad constructed, the height of the half-pipe excluding hand rails shall be two feet less than the top of a surrounding six foot privacy fence.
2. Ramps shall be constructed with sound- dampening materials such as insulation, foam-board sheathing, rammed earth, and similar. Consistent with the general plan’s noise element, the recurring impulse noises created by ramps shall not exceed 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. or 40 dBA between 10:00 p.m. and 7:00 a.m. Noise measurements shall be taken at a side or rear property line. (B) No fence (excluding wire fences and non-solid fences which do not limit visibility as determined by the Planning Director) shall be constructed in excess of eight feet in height within any side or rear yard, except fences within the side or rear yard which enclose electrical substations which may be constructed to the heights required by law. (1) Architectural accent fences. Small architectural accent fences within the required ten foot front yard setback, are allowed to be constructed no higher than three feet out to the back of the sidewalk. They shall be constructed and maintained so to be harmonious with the neighborhood. In no case may a utility meter be enclosed. Fences shall remain a minimum of three feet from all sides of a fire hydrant. (2) Front yard courtyards. Courtyard is defined as an uncovered area partly or wholly enclosed by buildings or walls and used primarily for supplying access, light, and air to the dwelling. Walls shall not enclose more than two sides of the courtyard. Courtyard walls shall be no higher than four feet six inches. Front yard courtyard fences shall be constructed of material and colors consistent and complementary to the design of the main structure. Courtyards shall be determined by the Community Development Director and it is recognized that not all dwelling types will have a courtyard. Courtyard fences shall be located no closer than 13 feet behind the front property line. (3) Solid fences, walls, hedges and retaining walls. Solid fences, walls, hedges and retaining walls not more than seven feet in height may occupy any required yard or other space, except that fences, walls, hedges and retaining walls shall be no higher than three feet when located in the required front yard setback area, in the required setback areas along the side street of a corner lot and along the rear or side lot line of a reversed corner lot where it abuts the front yard of the adjoining key lot. Walls and retaining walls over four feet in height require engineering and a permit. (4) Corner lots. Within the front or street side yard of a corner lot in any district there shall be no solid fence, wall or hedge height greater than three feet nor any obstruction other than a post, building column or tree not more than two feet in diameter, between the height of three feet six inches and ten feet above the top of the curb, or if no curb exists, above maximum street grade.
(5) Transparent fences. Notwithstanding any other regulation herein, fences with 90% transparency no higher than four feet may occupy the required front setback area along the side street of a corner lot and along the rear or side lot line or a reverse corner lot where it abuts the front yard of the adjoining key lot. Vision through the fence shall remain totally unobstructed at all times.
(6) Fence height. The height of a fence shall be measured from the higher property elevation. (7) Sight distance triangle - obstructions. No obstruction to view in excess of three feet in height shall be placed in any corner or reverse corner lot within a triangular area formed by the extension of the lot line to a point of intersection and a line connecting them at a distance of 30 feet to said intersection. Except for natural land formations, a sight distance triangle for a driveway with a distance of ten feet from back of sidewalk towards the dwelling and ten feet along the sidewalk in either direction shall be maintained free of obstructions in excess of three feet in height. (8) Fence permits. A fence permit, issued by the Community Development Department shall be obtained prior to the erection of any fence over six feet in height within the city. (Ord. 87-11, passed 7-27-87; Am. Ord. 2004-001, passed 6-14-04) (C) Yards and open spaces required.
ATTACHMENT 1
(1) Front yard and side yard of a corner lot - not less than ten feet from the planned right-of-way line provided that no vehicle opening of any building is closer than 20 feet to the property line or planned right-of-way line toward which the opening faces. Corner lot driveways shall not be located on the half of the lot frontage nearest the radius return, or closer than 20 feet to said radius return.
(2) Side or rear yard when lot abuts an arterial - ten feet. (3) Side or rear yard, interior lots all other cases - five feet. (4) Detached accessory buildings - six feet from any other buildings. (5) A detached accessory building or structure other than a covered patio as defined herein, may not occupy more than 50% of a required rear yard, subject to the following requirements:
(a) Within an "R" District, no detached accessory building shall be closer than six feet to the main building, exclusive of roof covering.
(b) Within the R-1 District, no skate ramp (half-pipes and similar structures) shall be closer than 12 feet to any property line and a minimum of six feet from other structures. (Ord. 90-01, passed 1-22-90; Am. Ord. 2004-001, passed 6-14-04) (D) Lot coverage. No more than 50% of the lot may be covered by buildings. (E) Off-street parking. As required in § 153.184 of this chapter. (F) Minimum building size.
(1) Single-family dwellings and mobile homes – 900 square feet. (2) All other uses - no minimum size.
(G) Building site area and density required.
(1) Maximum permissible density is eight dwelling units per net acre. (2) Minimum area - 6,000 square feet.
(3) Minimum width, interior lot – 55 feet.
(4) Minimum width, corner lot – 65 feet.
(5) Minimum depth – 100 feet unless otherwise approved by the Planning Commission or City Council, whichever is the final decision-making body. Plot plans of lots for which less than the minimum depth is requested, may be required to ensure that the lot is usable for residential purposes.
(Ord. 87-11, passed 7-27-87)
(H) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.
(1) Allowed uses include playgrounds, walking and biking paths/trails, picnic areas, and community flower and vegetable gardens.
(2) Open space can be managed by a third party using land trusts or conservation easements. (`67 Code, § 10-3-4) (Ord. 2004-001, passed 6-14-04)
(I) Landscape areas. No more than 50% of a residential front yard shall be paved and no more than 50% of a rear yard shall be paved. An interior side yard may be paved if a minimum of one foot is left unpaved along the side property line. (J) Driveways. The minimum distance between approaches serving the same parcel of land shall be 20 feet. The minimum setback of a driveway to a side property line is five feet and from a dwelling unit three feet. (Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2018-005, passed 8-28-18) ATTACHMENT 2
REASONS FOR APPEALING
1) I am not in violation of this code (8).
2) Extenuating circumstances.
3) Removing the fence will endanger my residence, its inhabitants, and pedestrian and vehicle traffic.
4) Financial hardship.
5) A disabled adult in household.
6) This citation is discriminatory.
REASONS FOR CHALLENGING THE CITATION
1) I am not in violation of this code: Muni Code 153.033 (B) reads "(excluding wire fences and non-solid fences which do not limit visibility as determined by the Planning Director)". My fence meets all exclusion requirements.
2) Extenuating circumstances: I do not understand section 3 in its entirety.
Perhaps I am in violation of this code but I plead extenuating circumstances and ask that the fence remain in place. This property is on a main thoroughfare. State highway 108 and county route J7 meet approximately 50 yards from my house. This is a high traffic area including big rigs carrying freight. The location of this property invites constant trespassing, theft, vandalism, camping by the homeless, drinking of alcoholic beverages, parking of vehicles, driving of vehicles through my yard, auto accidents on my property, etc.
A little history: My home was moved from Modesto to this corner lot in 1958 when the population of this town was about 20,000 less than today. I grew up in this house. Back then we had problems but not to the extent and frequency I have now. Although I do recall a drunk driver crashing into our kitchen wall when I was in high school and also tagging of our wooden fence even back then.
I returned to my childhood home 30 years ago and since then I have had one burglary, numerous thefts, 5 times that a vehicle has crashed into my fence and ended up in my yard (5 times that I can recall). One time it was a city vehicle - one of yours. 2 times that a vehicle has turned right onto High street and hit my car. One of my cars was vandalized to the point of a total loss. This was done by a couple of guys having "fun" with baseball bats. And yes, I called the police. I have had people camp on the side yard that is in dispute. I found a campfire they had built underneath my redwood tree within feet from my wood structure home and the fuel tanks at the gas station. I have picked up and cleaned up every kind of garbage imaginable but human feces. (been spared that so far) And once when I wouldn't let a consumer of the Wine and Cheese Festival use my bathroom, he sprayed the side of my house. When we had storms in this valley, the wind blew my wooden fence over several times. My front sidewalk is damaged because a truck drove over my front lawn and clipped my sidewalk.
People buy liquor at the Shell mini-mart, then sit on my property to drink it since the law won't allow them to drink it at the mini-mart.
I live on a .26 acre lot. I am a 68 year old woman with health issues and without partner support. I have done my best to maintain this property but it is a bit much. The last time my fence was damaged, I left it on the ground. Weed abatement is constant and futile. This very visible comer had become an eyesore. I was determined to clean it up and provide some measure of security to my residence. This is my responsibility and my right.
I laid gravel over the weeds - $4,500. It's neat, clean and low maintenance. BUT, now cars are parking on the gravel and also driving through it. They leave the road, bypass other cars and come onto my property. So I built the fence - $15,000.
3) I think the extenuating circumstances explain why removing the fence "will endanger my residence, its inhabitants, and pedestrian and vehicle traffic". When - not if - a pedestrian or vehicle accident occurs on my property, someone may be injured or worse. I will likely be sued.
I will then sue the city.
I have made the city aware of the hazards of traffic using my property as a road. They have said they will do nothing about it. But they will not allow me to do anything about it either. Both federal and state law guarantee my right to protect and secure my property. The fence I erected does make it safer.
The graveled area is now enclosed. The fence clearly marks this as private property and not to be used as a road. The fence also impedes the speed of a moving vehicle when it hits the fence thus providing the residents some protection from injury. It is a cyclone fence and does not impede visibility. I will not be planting hedges or plants of any kind.
And the eyesore is now neat, clean, low maintenance and safer for all. 4) Financial hardship: I am a senior woman living on a retirement pension of less than $20,000 a year. My federal tax filings will show this. I am the primary support of my household.
My adult disabled son lives with me. I am his sole care provider. Laying gravel and erecting the fence were a huge financial sacrifice. Replacing the fence is not a financial option. I simply do not have the money to put up a new fence. And this property needs a fence. 5) My adult disabled son has several diagnoses including autism. He is intellectually, emotionally and mentally impaired. This fence provides a clear boundary to him which he needs. It also decreases his anxiety because it decreases the invasive incidents to my property. (It also decreases my anxiety as well as the time, energy and money I spend dealing with these incidents). This fence signifies security and protection to him. It truly is a matter of mental health and safety.
. .
6) This citation is discriminatory: Why did I receive a citation when my neighbors on the other corners did not? They are in violation as well. One of those fences is only a year or two old. I did a quick drive through town and saw too many properties to count with fencing violations. I will be sure to do a more careful perusal in order to provide resident addresses to the city planning dept. so they may issue citations upon receiving my written complaints.
In closing, I had a situation that posed numerous hazards to myself, my family and the public. also have a very visible property whose side yard was an eyesore. I am one of the first properties one sees when entering Riverbank from County J7. I made my property safer, neater and more attractive. My intentions were good and the results a huge improvement to my property and the community. I ask that the fence be allowed to remain and the citation removed. I encourage all parties of this judgment to view the disputed fence before making your final decision. Thank you.
9/28/22, 11:29 AM Yahoo Mail - USA North 811 Confirmation for Ticket X208400339-00X USA North 811 Confirmation for Ticket X208400339-00X
From: [email protected]
To: [email protected]
Date: Friday, March 25, 202� at 08:42 AM PDT
EMLCFM 03407X USAN 03/25/22 08:42:41 X208400339-00X NEW NORM POLY LREQ Ticket: X208400339 Rev: 00X Created: 03/25/22 08:42 User: CMH Chan: CSR Work Start: 03/29/22 17:01 Legal Start: 03/29/22 17:01 Expires: 04/22/22 23:59 Response required: Y Priority: 2
Excavator Information
Company: P/0 DAVIDSON
Co Addr: 3106 HIGH ST
City : RIVERBANK
Created By: KIMBERLY DAVIDSON
Office Phone: 209-869-4075
Office Email: [email protected]
Site Contact: CALLER
Site Phone: 209-689-4075
Site Email:
Excavation Area
State: CA Zip: 95367
Language: ENGLISH
SMS/Cell:
Site SMS/Cell:
State: CA County: STANISLAUS Place: RIVERBANK
Zip: 95367
Location: Address/Street: 3106 HIGH ST
X/ST1: 1ST ST
WORK THE BACK AND THE 1ST ST SIDE OF PROPERTY
Delineated Method: CHALK,WHITE PAINT
Work Type: INSTALL FENCE POSTSi
Work For : SAME
Permit: Job/Work order:
1 Year: N Boring: N Street/Sidewalk: N Vacuum: N Explosives: u Lat/Long
Center Generated (NAD83): 37.738814/-120.938854 37.738815/-120.938501
37.738470/-120.938853 37.738471/-120.938500
Excavator Provided:
Map link:
httr2s: //ne\.Jtin. usan. org/newtinweb/maR tkt. naQ?TRG=D1Dn9y3r0vzDcB8-f Members:
CHATVR CHARTER COMMUNICATIONS - TURL Jason Moore 805-748-8725 JASON MOORE 805-748-8725
COMNCA COMCAST - NORTHERN CALIFORNIA UTI LIQUEST24/7 SUPPORT 323-342-5552 CAL xoc - Anyone 888-824-8219
COSTAN COUNTY OF STANISLAUS Casey Roberts 209-499-3989
1/4
9/28/22, 11:29 AM Yahoo Mail - USA North 811 Confirmation for Ticket X208400339-00X EMERGENCY 209-495-3663
CTYRIV CITY OF RIVERBANk Daren Martin 209-968-4685
For emergencies 209-968-4685
LEVCAL LEVEL 3 COMMUNICATIONS - CALI Specialist 877-366-8344 CABLE PROTECTION MANAG C 877-366-8344
MODDOM MODESTO IRRIGATION DOMESTIC Name not available 209-557-1529 For emergencies 209-526-8222
MODELE MODESTO IRRIGATION - ELECTRIC Name not available 209-557-1529 For emergencies 209-526-8222
MODFIB MODESTO IRRIGATION - FIBER Name not available 209-557-1529 For emergencies 209-526-8222
MODIRR MODESTO IRRIGATION - IRRIGATI Name not available 209-557-1529 For emergencies 209-526-8222
PACBEL PACIFIC BELL Damage Prevention 510-645-2929
Damage Prevention 510-645-2929
PGEMDO PGE DISTRIBUTION - MODESTO Bradley White 408-940-2197 EMERGENCY 800-743-5000
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All rights reserved
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Legal Start Information:
You cannot begin digging until each facility owner has responded to your request and it has passed the legal start date and time on your request. If you wish to begin sooner than the legal date and time indicated on your ticket, you must contact each facility operator individually to request that they respond sooner. You must begin digging no later than 14 calendar days after your ticket was created. Phone numbers for the relevant facility operators are listed at the bottom of your ticket.
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If the legal start date and time has passed and a facility operator has not marked an underground facility at the dig site, state law requires that you process a No Response notice to your ticket. This can be done online through the E-Ticket program at www.usanorth811.org or by calling 811.
Your Ticket Is Only Valid for 28 Calendar Days:
Your ticket will automatically expire 28 calendar days after the date of creation. If you need to continue digging beyond that date, state law requires that you renew your ticket before the expiration date. If the utility markings at your site are no longer clearly visible, you must request a re-mark. Re-mark requests must be submitted at 2/4
USAN l=MLCFM 2022/03/29 #15062X X208400339-00X NORM RESP LREQ Frorrr [email protected]
To: [email protected]
Date: Tue�
day, March 29, 2022 at 05:30 PM PDT
EMLCFM 15.062X USAN 03/29/22 17: 30: 56 X208400339-00X NEW NORM POLY LREQ Ticket:: X2'08400339 Rev: 00X Taken: 03/25/22 08: 37 AM State: CA County: STANISLAUS Place: RIVERBANK
Address : 3106 HIGH ST
Utility Description Response
CHATVR CHARTER COMMUNICATIONS - TURLO 03/25/22 10:03 AM 001
CLEAR NO CONFLICT
COMNCA COMCAST - NORTHERN CALIFORNIA 03/25/22 10:01 AM 001
CLEAR - NO CONFLICT
COSTAN COUNTY OF STANISLAUS 03/29/22 05:30 PM 999
Utility has not provided 811 center with information to be CTYRIV CITY OF RIVERBANK 03/29/22 05:30 PM 999
Ut 'lity has 00. proviaed 811 center with information to be LEVCAL LEVEL 3 COMMUNICATIONS CALIF 03/25/22 09:17 AM 001
CLEAR NO CONFLICT
MODDOM MODESTO IRRIGATION - DOMESTIC 03/28/22 06:59 AM 001
CLEAR - NO CONFLICT
MODELE MODESTO IRRIGATION - ELECTRIC 03/28/22 06:59 AM 001
CLEAR NO CONFLICT
MODFIB · MODESTO IRRIGATION - FIBER 03/28/22 06:59 AM 001
CLEAR - NO CONFLICT
MODIRR MODESTO IRRIGATION - IRRIGATIO 03/28/22 06:59 AM 001
CLEAR NO CONFLICT
PACBEL PACIFIC BELL 03/25/22 09:30 AM 001
CLEAR - NO CONFLICT
PGEMDO PGE DISTRIBUTION - MODESTO 03/29/22 03:00 PM 010
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City Of Riverbank Development Services Department
Planning Division Building Division Neighborhood Improvement Division 6707 Third Street, Riverbank CA 95367
(209) 863-7190 Fax (209) 869-7126
August 15, 2022
DAVIDSON KIMBERLY
3106 HIGH STREET
RIVERBANK CA 95367
Notice #: 2022-0906
Location: 3106 HIGH ST
SUBJECT: 3106 HIGH ST-Case#2022-0906.
Dear DAVIDSON KIMBERLY
Notice Type: Zoning
APN: 132-003-028
On occasions it is brought to the City's attention of situations that may be contrary to adopted rules and regulations.
Our department has received a complaint and/or we have observed violations that may exist on your property at the subject address.
Muni Code Violation
RCC 153.033 (8)(3) R-1 FENCE REQUIREMENT
Corrective Action Date Completed
ALL FENCES, WALLS, HEDGES AND OUTSTANDING
RETAINING WALLS MUST MEET HEIGHT
AND SETBACK REQUIREMENTS/ 1 O' SET
BACK FROM SIDEWALK REQUIRED.
The City is requesting your cooperation in order to confirm that your property is in compliance with rules and regulations. Please call our office within 5-7 days from the date of this notice to arrange an inspection. Failure to contact our office will result in further investigation of this matter and possible enforcement action.
If you have any questions or concerns, please call the Neighborhood Improvement Division at (209) 863-7190. ***Para informacion, en espanol sobre esta carta, par favor llame al (209) 863-7190 y deje un mensaje y le regresamos su Hamada.
Thank you for your cooperation in this matter.
Sincerely,
CITY OF RIVERBANK
Community Development Department
CC:
CITY OF RIVERBANK
CITATION APPEAL REQUEST
FORM
(USE THIS FORM IF THE CITATION DATE IS AFTER APRIL 30, 2016) AUG 2 9 . '.'.?Z
DEADLINE TO FILE: This form will only be accepted if it is filed within fifteen (15) calendar days from the date of the citation. A $2Si administrative processing fee must be paid at the time of filing this form. (This form must be hand-delivered qr malled with payment (postmarh within the 15-clays) (Read Page 2) (Please print legibly) SUMMIT ONE (1) APPEAL REQUEST FORM FOR EACH CITATION YOU WANT TO APPEAL.
Citation# A�) 2-0 'IO 0 Date of Citation: 8 -/5 -A ()J::l._ Fine Amount:$ _____ _ First Name: J{,fnh6 r 0J Last Name: �II V ,cl<()/"'\
Your Mailing Address:_8�/ o"----"-to___.;....H......__._� .......... h--5__.t ......... r_e�e:;....if:�--L..E�,'-J:· v;.....;::d.::;;....r__,b=--:a.=-,..,__1 .__._/(,_. __,_(Z"'"'-8_....____.9----"5"-3�6 7 Address on citation: .Same 4.$ Ma. ,-/1 �
Contact Phone# cl oq .. ?t 6 9 - '-I IJ 7.!5 Email: k/m it /a, J 51-@.!aa.hoa . a t1 to (For expedient communication, av� email address is important.) WHAT ARE YOUR REASON(S) FOR APPEALING?
HAT FACTS SUPPORT YOUR REASON(S) FOR CHALLENGING THE CITATION? (ATTACH ADDITIONAL SHEETS AS NEEDED,) s:e.e. a.tta(:, hmenf..s - 3 ottjt!.6, I
I, the recipient of the citation, certify that the above statements are true and correct to the best of my bnowledge. I understand the decision of the Appeals Officer or Appeals Board is final and any fine imposed is due upon requ
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Form Rev-3:_05/02/16 Page 1 ofZ
City of Riverbank
Office of the City Clerk / Elections
6707 Third Street • Suite A • Riverbank CA 95367
Dept.: (209) 863-7122 • Direct: (209) 863-7198 • FAX: (209) 869-7100 E-mail: [email protected]
(Sent via USPS and email: [email protected])
September 21,2022
Kimberly Davidson
3106 High Street
Riverbank, CA 95367
RE: DECISION OF APPEALS BOARD HEARING- CITATION UPHELD
Dear Ms.Kimberly Davidson,
This letter is notification that you requested appeal for Citation No. 2022-0906 was heard, voted and upheld by the City Appeals Board at the Hearing held on Tuesday, September 20, 2022. This citation was issued to you on 08/15/2022 for violation of Zoning violation of Riverbank Municipal Code Section 153.033 (8) (3), R-1 Fence Requirement. All Fences, Walls, Hedges and Retaining Walls must meet Height and Setback Requirements/10' Set back from sidewalk required.
We assure you that the Appeals Board strives to ensure a fair hearing is conducted and a final decision was made based on all information and evidence presented.
We ask that you begin taking corrective action into this matter, as soon as possible.
Please be advised that you do have the right, within seven days (7) of this notice, to submit an Appeal Request to the City Clerk's office to go before City Council, however, requesting an appeal hearing does not prevent the City from continuing to issue citations for the same violation, which at some point elevates this matter to higher forms of penalty.
If you have any questions, please send me an email and I will promptly respond.
Sincerely,
[iafiri h ..Jlernandez
City Clerk
cc: City Attorney
City Planning & Building Manager
Enclosures: Appeal Form
Decision_ Appeals Hearing
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
Item 11.1- CC/LRA 10/25/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: October 25th, 2022
Subject: A Resolution to Name the Diamond Bar East Park/Basin “Bruin Park”
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation
RECOMMENDATION
It is recommended that the City Council consider the Resolution to name the Diamond Bar East Park/Basin “Bruin Park”.
SUMMARY
The City Parks and Recreation Department has been working with LGI HomesCalifornia, LLC and our Planning and Building Department on the park/basin within the Diamond Bar East Development. Since the park/basin is near Riverbank High School, “Home of the Bruins”, it has been suggested to name this park “Bruin Park”.
BACKGROUND
LGI Homes-California, LLC is currently working on the plans for the basin at Diamond Bar East. The basin will have a walking path at the top perimeter and exercise equipment in a few locations along the path. The developer would like to add a shade structure and some picnic tables to make the area attractive when selling their homes.
They are willing to fund the shade structure and tables as additional amenities.
Since the Landscape Architect is working on the plans and sign, city staff would like to provide them with a park name. Since the park is near the High School, the idea was presented to name this park “Bruin Park”.
Item 11.1- CC/LRA 10/25/2022
FUTURE PARK NAMING
Recently a Resolution was brought to the City Council to name the first park that will be developed in Crossroads West “Centennial Park”. This was approved by the Council and the park will be developed in the near future.
For future parks it would be helpful if a list is developed of potential new park names.
The city newsletter that will be distributed soon will ask the community to email ideas to the Parks and Recreation Department. If any city staff or council members have suggestions those can be submitted as well.
It is suggested that the protocol be when a new park is in the development stages, staff present the list to City Council for review and a name is selected for the specific park.
FINANCIAL IMPACT:
There is no financial impact with the Resolution.
STRATEGIC PLAN
This report has been prepared to accomplish the following Goal established at the 2022-2027 Strategic Planning Session:
Maintain and refresh the parks, trails and facilities to provide exceptional experiences.
ATTACHMENTS:
1. Resolution 2022-
CC/LRA – 10/25/2022
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK TO AUTHORIZE THE NAMING OF DIAMOND BAR EAST PARK/BASIN “BRUIN PARK”
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City of Riverbank has been working with LGI Homes-California, LLC for the development of the park/basin area within the Diamond Bar East Development; and WHEREAS, although the area is a basin, there are some park amenities included in the top perimeter of the basin such as fitness equipment, shade structure, benches and a walking path; and
WHEREAS, the park/basin is currently being designed and the signage requires a name of the park/basin; and
WHEREAS, the location of the park/basin is close to Riverbank High School, “Home of the Bruins”, the name of the park being “Bruin Park” is proposed; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approve the naming of the Diamond Bar East Park/Basin to be “Bruin Park”
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of October, 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: October 25, 2022
Subject: A Resolution Approving the Official Name of the Riverbank Emergency Shelter Location, currently known as the Sierra House From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council discuss options and select and/or provide feedback on the official name of the Riverbank Emergency Shelter, currently known as the Sierra House.
SUMMARY
The Sierra Street property is currently undergoing renovations and will become the City’s first homeless overnight shelter and day use facility to provide resources and assistance to our homeless residents. If a consensus is reached, tonight’s action will officially name our shelter, which we have been referring to as the Sierra House due to its location.
BACKGROUND
In February 2019, the City Council participated in a Strategic Plan update wherein they developed eight Goals that would provide city staff with guidance on the priorities of the City Council. These Goals were developed to assist the City in reaching its Mission “…to provide high quality, professional services and a safe family-oriented community for our diverse residents to thrive.” The intent of the City’s Mission statement is to provide opportunities for all of our residents to thrive, including our homeless population within the City. To that end, one of the City Council’s Goals to achieve this Mission is to “Enhance Quality of Life”.
In order to achieve the City’s goal, in 2021 the City Council began its efforts to provide services to our homeless residents in the City of Riverbank. American Rescue Plan Act Funds were used in July 2021 to purchase a home on Sierra Street that will serve as the City’s first Emergency Overnight Shelter and Day Use Navigation Center. The intent is to provide a safe, warm environment for our homeless residents to sleep in overnight and
Item 11.2– CC/LRA – 10/25/2022
be able to have access to necessary services, such as job training, personal development, mental health, and substance abuse rehabilitation services. This is intended to provide our homeless population with an opportunity to move past this moment in life and set them up for the future where they may move on to a rental or homeownership opportunity. The services will be provided via a contract with Cambridge Academies which is currently in effect. Currently, Cambridge Academies holds office hours at Scout Hall on Tuesdays & Wednesdays.
Since its purchase staff has been referring to the property as the Sierra House, mainly due to its location. Our goal is to be able to name the property with a name that is representative of the desires and goals of the City as we continually work to provide services to our homeless population. With that end, staff has developed a few suggestions to consider:
1. Love in Action Home or Love in Action Shelter
2. H.O.P.E. Home or H.O.P.E House
a. Helping Other People Endure, or
b. Helping Our People Endure/Everyday, or
c. Home to Opportunity Possibility Empowerment, or
d. Having Opportunity Provides Empowerment, or
e. Helping Others Progress Everyday
3. Project S.O.A.R (Shelter, Opportunities, Assistance, & Respect) Tonight’s item provides the City Council an opportunity to discuss potential names and if a consensus is reached adopt a Resolution that will officially name our Sierra House.
SHELTER & DAY USE FACILITY STATUS
The City is currently finalizing the work necessary to officially open the Day Use Facility, which was delivered on October 5
th
. The Day use facility will include showers and
washers & dryers and a location for Cambridge Academies to provide services. Once all utility hookups are completed (water, sewer, and electric) and the ADA path is completed, the City will hold a ribbon cutting ceremony to officially open the facility.
The overnight Shelter will undergo significant renovations to provide ADA access.
Architecture plans are currently being reviewed by our building staff to ensure compliance with current regulations.
Item 11.2 – CC/LRA – 10/25/2022
Item 11.2– CC/LRA – 10/25/2022
STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Objective to “engage the community and non-profit partners in the development of programs and/or solutions for homeless services.”
FINANCIAL IMPACT
There is no financial impact associated with this item.
ATTACHMENTS
1. Resolution 2022
CC/LRA – 10/25//22
CC Resolution 2022-
CITY OF RIVERBANK
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, APPROVING THE OFFICIAL NAME OF THE PROPERTY LOCATED AT 3344 SIERRA STREET
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, in February 2019 the City Council established a Strategic Plan Goal to “Enhance Quality of Life”; and
WHEREAS, in order to achieve this Goal the City Council established an Objective to “engage the community and non-profit partners in the development of programs and/or solutions for homeless services”; and
WHEREAS, over the course of the past year the City Council has begun to implement its plan to provide services to our homeless residents via the purchase of property for an overnight shelter/day use facility and a contract for services with Cambridge Academies; and
WHEREAS, the property is undergoing improvements that will allow the City to begin serving its homeless population, including access to showers, and laundry facilities; and
WHEREAS, it is the City Council’s desire to name the facility that is representative of the hopes, goals, and dreams of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the official name of the property located at 3344 Sierra Street as the _____________________________.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of October, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :
AYES:
NAYS:
ABSENT:
ABSTAINED:
CC/LRA – 10/25//22
CC Resolution 2022-
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor