CITY COUNCIL / LRA BOARD RIV CITY OF RIVERBANK
Mayor/Chair
Richard D. O'Brien F Regular City Council and
Vice Mayor/Chair (CM-D3) Cal Campbell Z
Local Redevelopment Authority
Council/Authority Members:
District 1 Luis Uribe CITY OF ACTION Board Meetings
District 2 Rachel Hernandez Council Chambers, 6707 Third St., Suite B EST. 1922 Riverbank, CA 95367
District 4 Darlene Barber-Martinez
choose civility
MINUTES
TUESDAY, NOVEMBER 8, 2022 - 6:00 P.M.
(THE AGENDA PACKET IS ONLINE ATHT://wWW.RIVERBANK.ORG/AGENDACENTER) CALL TO ORDER - Vice Mayor / Vice Chair Cal Campbell called the meeting to order at 6:0 OP.M.
2. FLAG SALUTE - Vice Mayor / Vice Chair Cal Campbell 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 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 (ABSENT)
5. AGENDA CHANGES- No changes to the Agenda.
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 Veteran's Day Proclamation- It is recommended that City Council present a Veteran's Day Proclamation to Duke Cooper with American Veterans First.
Vice Mayor Campbell presented the proclamation for Veterans Day and Honoring American Veteran's First to Duke Cooper.
Item 7.2 Astro Foundation- Rescuing Animals- It is recommended that City Council receive a presentation on animal welfare from Jaydeen Vicente with Astro Foundation.
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City Council received the presentation on the Astro Foundation-Rescuing Animals from Jaydeen Vicente, CEO of Astro Foundation.
Item 7.3 2022 Cheese & Wine Festival Evaluation- It is recommended that the City Council hear the presentation from the Director of Parks and Recreation regarding the evaluation
City Council received the presentation on the 2022 Cheese & Wine Festival from Sue Fitzpatrick, Director of Parks & Recreation.
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 maximun 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.
Vice Mayor Campbell Opened Public Comment at 6:39 p.m.
Residents who spoke in opposition of Riverwalk
Katherine Dicky Wells, Modesto Resident
Libby Longstren, Riverbank Resident
Karen Conrotto, Riverbank Resident
Jamie Aggers, Riverbank Resident
Barney Aggers, Riverbank Resident
Edward "Fast Eddy" Jones, Riverbank Resident spoke in opposition of the proposed Sewer Rate increase. He lives at Park Sierra Mobile Homes, everyone who lives there is on a fixed income such as social security, welfare, etc., it's a great place to live, but the increase will hurt the older folks. Would appreciate if there was any help that can be provided for all of us folks and give us old folk a break.
Vicky Holt, Branch Manager, Riverbank Library spoke on the following items:
• This Story Time Session goes on until November 29th, we will be taking December off, and will resume in January.
• We have both Bilingual English/Spanish Story times and they alternate Tuesdays, you can sign up for Story Time on our website StanislausLibrary.org • The November Craft is tomorrow at 4:00pm we are making Pom Pom Turkeys, we do have a few more openings so they can sign up on our website or give us a call if they need help signing up.
• The Book Club is reading "Mr. Churchill's Secretary" By Susan Aliyah McNeal the discussion is on Tuesday, November 29th at 4:00 p.m. we have a few extra copies at the library if anyone would like to join us.
• All of these programs are free to the Public, and that is because of the eighth of a cent sales tax that is dedicated to this that we can provide these services.
There being no further public comments, Vice Mayor Campbell closed the Public Comment period at 6:54 p.m.
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Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 9.2 Approval of the October 25, 2022 City Council and Local Redevelopment Authority Board Minutes.
Item 9.3 Special Event Request approval for Mujeres en Accion, Women in Action organization.
Item 9.4 A Resolution 2022-127 to Award Bid for the Roselle Avenue Sidewalk Project to Taylor Backhoe Service Inc. dba TBS Contractors and Authorize Execution of Future Change Orders
Item 9.5 A Resolution 2022-128 Authorizing an Additional appropriation of $150,000.00 for the installation of the new Public Works Office.
Councilmember, Barber-Martinez pulled Item 9.3 from the Consent Calendar for further discussion.
Vice Mayor Campbell Opened Public Comment at 6:56 p.m.
Vice Mayor Campbell Closed Public Comment at 6:56 p.m.
There being no public comments, Vice Mayor Campbell brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Hernandez 4/0) to approve the consent calendar as presented with the exception of Item 9.3.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell
NAYS: None / ABSENT: Mayor O'Brien / ABSTAINED: None
Item 9.3 Special Event Request approval for Mujeres en Accion, Women in Action organization.
Parks & Recreation Director Fitzpatrick, clarified details on the Special Event Request. The organizer Christina Avalos hosted a similar event this summer, a one-day event, this time around she would like to host a two-day event, on June 24 & 25 2023 from 10:00 a.m. to 7:00 p.m. would be reserving both the Community Center and the Park, she would like to have alcohol served in a beer garden, hence why we have to come before Council to get a permit as Alcohol is not permitted on City Parks.
Councilmember Barber-Martinez suggested the event end at 6:00 p.m. instead of 7:00 p.m. on Sunday evening, as there will be a lot of clean up to do for City Staff.
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Vice Mayor Campbell, posed a question regarding the Sheriff's providing the security?
Director Fitzpatrick, clarified, the Sheriff's would not provide the security, but they are aware of the event and have worked with the city on the parameters of what is needed for the event. The City would provide the Security staff that would be paid for by the event organizer.
Councilmember Uribe, inquired regarding the organizer is fully staffed for the two-day event, as the last event the organizer was pulling from City Staff. The City staff will have site monitors and make sure it is safe and within the parameters of keeping with City ordinances.
Vice Mayor suggested the event organizer attend another City Council meeting to discuss the details of the event further in another presentation.
ACTION: By motion moved and seconded (Barber-Martinez / Uribe 4/0) to approve Item 9.3 from the Consent Calendar.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell
NAYS: None / ABSENT: Mayor O'Brien / ABSTAINED: None
10. PUBLIC HEARINGS
The Notice for this Public Hearing was Published on October 26th, ", 2022 in the Riverbank News.
Item 10.1 A Resolution Accepting the Fiscal Year 2021-22 Annual AB 1600 Report of System Development Fee Activity- It is recommended that the City Council adopt a Resolution accepting the Fiscal Year 2021-22 Annual AB 1600 Report of System Development Fee Activity.
Assistant Finance Director Alcantor presented a comprehensive Staff Report & Power Point Presentation on the Fiscal Year 2021-22 Annual AB 1600 Report of System Development Fee Activity.
Vice Mayor Campbell opened the Public Hearing at 7:07 p.m.
Vice Mayor Campbell closed Public Hearing at 7:07 p.m.
There being no public comments, Vice Mayor Campbell brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez 4/0) to approve Resolution 2022-129 accepting the Fiscal Year 2021-22 Annual AB 1600 Report of System Development Fee Activity.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell
NAYS: None / ABSENT: Mayor O'Brien / ABSTAINED: None
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11. NEW BUSINESS
Item 11.1 A Resolution Approving the City of Riverbank Local Hazard Mitigation Plan update and Incorporation by Reference into the Safety Element of the City of Riverbank General Plan. - It is recommended that the City Council approve the attached Resolution Adopting the 2022 Multi- Jurisdictional Hazard Mitigation Plan (MJHMP) update including Annex G:
City of Riverbank and as an Amendment to the City of Riverbank General Plan Safety Element by incorporation by reference.
Senior Management Analyst Torres-Manriquez presented a comprehensive staff report and Power Point Presentation on the 2022 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update including Annex G: City of Riverbank and as an Amendment to the City of Riverbank General Plan Safety Element by incorporation by reference.
City Council discussed item with Staff.
Vice Mayor Campbell Opened Public Comment at 7:22 p.m.
Vice Mayor Campbell Closed Public Comment at 7:22 p.m.
There being no public comments, Vice Mayor Campbell brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe / Hernandez 4/0) to approve Resolution 2022-130 to adopt the 2022 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update including Annex G: City of Riverbank and as an Amendment to the City of Riverbank General Plan Safety Element by incorporation by reference.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell
NAYS: None / ABSENT: Mayor O'Brien / ABSTAINED: None
Item 11.2 A Resolution for Thunderbolt Wood Treating Waiver Request for System Development Fees- It is recommended that Council review the materials and consider the request of the Lovalvo Family Trust, d.b.a.
Thunderbolt Wood Treating, to waive the payment of water and storm water system development fees on a new building permit.
Family Trust, d.b.a. Thunderbolt Wood Treating, to waive the payment of water and storm water system development fees on a new building permit.
City Council discussed item with Staff.
Vice Mayor Campbell Opened Public Comment at 7:28 p.m.
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George Hartman, Attorney but was not retained by Thunderbolt Wood Treating, but instead has represented the Lovalvo Family in their businesses for over 40 years. As far as the legalities of this fee request, this is out of line.
There has a rough approximation of the fee to the impact. What is proposed here, is not a structure in the traditional sense, it is an awning to cover the storage area of treated lumber. The bill is over our hundred and fifty thousand dollars and the project all in is approximately eight hundred thousand dollars, facially that is a little off. We can understand permit fees being related to the project, but these fees are not close. Is this project going to have any impact, were not building a building, we are not adding to a building? Not only will it not have an impact, in a negative way, but it has positive impacts by way of keeping water off of treated product and catching rain water. Our request is not to reduce the fee to one hundred and fifty-eight thousand dollars, but to waive all impact fees of any kind, and to but to charge a fair permit fee, that is roughly proportion it to the nature of the project.
City Attorney, Hallinan stated that this was a major change to the request.
There are issues that need to be discussed before proceeding with this request.
City Manager Garcia clarified, that the reason for the request being brought forward was a specific letter written to our Building and Planning Department by Ms. Casey requesting only the storm and water fees to be waived. We feel that if the request is to waive all the System Development Fees based on the information provided, that we would bring this item back at a different time to discuss.
Ms. Casey, with Thunderbolt stated that she was only asked for her opinion on the project and did not ask for a specific amount to be waived in that letter.
City Manager Garcia and City Council discussed and decided to bring back the item for further discussion and once the request is clarified back before City Council.
Vice Mayor Campbell Closed Public Comment at 7:42 p.m.
There being no public comments, Vice Mayor Campbell brought the item back to the City Council.
ACTION:
Resolution moor and second came / waiver Redest tor
Development Fees and bring back the item when clarified what Thunderbolt is requesting.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell
NAYS: None / ABSENT: Mayor O'Brien / ABSTAINED: None
COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.
The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
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Item 12.1 Staff
City Manager Garcia advised the City Council and the public on the following:
• City Offices will be closed this Thursday & Friday in observance of the Veteran's Day Holiday.
• City offices will also be closed for the Thanksgiving Holiday between November 23rd and 25th.
• Everyone is invited to our Annual Christmas Parade which will be held on Saturday, December 10th with our Craft Fair at 12:00 p.m. here in Downtown and Parade at 5:30pm and Tree lighting to follow.
Item 12.2 Council/Authority Member
Councilmember Uribe reported on the following:
• Veterans Day Celebration AVF on November 11th a meet and Greet at 5:00 p.m. with special guest Robert M. Patterson $50 per ticket Dinner at 6:00pm. It is a fundraiser, it will be going to a good cause, they have done a great deal of things for the community. They've been working nationally with deported veterans with minor offenses and bringing them back, already sent a letter of support for HR1182 sent to the House Committee of Veteran Affairs hoping that passes. • Will be attending the Cal Cities Division Dinner on December 8th. • Hope everyone has nice Thanksgiving!
• Looking forward to seeing all the results for Elections at 8:00 p.m.! Councilmember Hernandez reported on the following:
• Happy Election Day!
• It is important to me is bridging a stronger relationship with School Districts that touch Riverbank, that means participating in events. / was a judge at Riverbank Language Academy for Red Ribbon Week Contest. It was great to see the Kindergarten to Seventh Grade the student participation. • Día de los Muertos event was amazing and Thank you to all the staff that helped with the event.
• We have a long break, so Happy Holidays to everyone!
Councilmember Barber-Martinez reported on the following:
• Thank you to the Staff for the detailed reports that were presented tonight. • Thank you to the Staff and Nancy Garcia for an Awesome Dia De Los Muertos Event.
• Tomorrow is the Stanislaus Homeless Alliance meeting at 5:30 p.m. at Downtown Modesto at 1010 Tenth Street.
• Toy Drive and Car Show on Saturday, November 19th from 10 to 4 p.m. at Save Mart which is in the Crossroads Shopping Center.
• Thank you to all of our Veterans for your Service.
• Hope everyone has a Happy Thanksgiving!
Vice Mayor Campbell reported on the following:
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• Thank you to the public for filling the room today. Democracy only works if we hear from you, we may not always agree, but we need to hear from you and appreciate everyone coming out and speaking their piece.
• Thank you to this council who I've worked with for a number of years, I think we had particularly a great year, this year, we have made lot of steps in a lot of things, and / want to thank them for the time they put into things. • I would like to see us work more closely with schools for School Safety, for students who walk and ride bikes to school, like flashing lights during the beginning of school and when they are leaving. We have had a few accidents. I would also like us to discuss with the school district the possibility of installing video cameras in the schools that would go into our camera system. That we can monitor what goes on, and more participation, if something were to happen that none of us want.
Item 12.3 Mayor/Chair
Mayor O'Brien -ABSENT
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session items) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 13.1 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: City Manager Marisela Garcia
Employee Organizations: Riverbank Mid-Management Employee Association
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Jose Cuevas
Agency Claimed Against: City of Riverbank
Item 13.3 PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Assistant City Manager
Item 13.4 PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Public Works Director
Item 13.5 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Brian Miller, Miller Arms Company, Inc.
Agency Claimed Against: City of Riverbank
Vice Mayor Campbell asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda; there being none, Vice Mayor Campbell adjourned the City Council to closed session at 7:47 p.m.
14. REPORT FROM CLOSED SESSION
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Vice Mayor Campbell reconvened the meeting at 8:10 p.m.
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
ACTION: Direction was provided to staff.
Item 14.2 Report from Closed Session on Item 13.2
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Jose Cuevas
Agency Claimed Against: City of Riverbank
ACTION: Council voted to deny the claim by a vote of 4/0.
Item 14.3 Report from Closed Session on Item 13.3
PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Assistant City Manager
ACTION: Direction was provided to staff.
Item 14.4 Report from Closed Session on Item 13.4
PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Public Works Director
ACTION: Direction was provided to staff.
Item 14.5 Report from Closed Session on Item 13.5
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Brian Miller, Miller Arms Company, Inc.
Agency Claimed Against: City of Riverbank
ACTION: Council voted to deny the claim by a vote of 4/0.
14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Vice Mayor / Vice Chair Campbell adjourned the regular meeting at 8:11p.m. to the next regular scheduled City Council / LRA Meeting of December 13th, 2022 at 6:00 p.m.
ATTEST: (Adopted 12/13//2022) APPROVED:
Sabriela Aerande
Gabriela Hernandez Richard D. O'Brien
City Clerk / LRA Recorder Mayor/Chair
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