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 7
AGENDA
TUESDAY, DECEMBER 13, 2022 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING
1. CALL TO ORDER
2. FLAG SALUTE
3. INVOCATION
4. ROLL CALL
5. AGENDA CHANGES
6. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
7. PRESENTATIONS (Informational only)
Item 7.1 Presentation Mujeres en Accion, Women in Action Organization- It is recommended that City Council receive a presentation from Christina Avalos on a Special Event hosted by Mujeres en Accion.
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.
Members of the Public who wish to provide comment during the meeting are encouraged and may do so, by Checking in and Completing a Comment Card at the front door entrance of the Council chambers. Comment cards need to be turned in to the City Clerk before the meeting or upon arrival. The Mayor will call on those wishing to comment, up to the podium when Public Comment on those items, is Open.
For Zoom and Telephone Comment procedures please refer to the last page of the Agenda.
City Council and LRA Board Meetings Agenda December 13, 2022 Next City Council Resolution: 2022-131 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.
Item 7.2 Recognition of Public Works Director Michael Riddell- It is recommended that City Council recognize the dedication and years of service of Michael Riddell, Public Works Director.
Item 7.3 Presentation of New Public Works Director, Cody Bridgewater- It is recommended that City Council introduce the new Public Works Director, Cody Bridgewater to the community.
Item 7.4 Presentation Regarding Future Sewer Connection Fee Updates – It is recommended that City Council and residents receive a presentation on Future Sewer Connection Fee Updates.
8. 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 8.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 8.2 Approval of the November 8, 2022 City Council and Local Redevelopment Authority Board Minutes.
Item 8.3 Approval of the November 15, 2022 Special City Council Minutes.
Item 8.4 Acceptance of the Santa Fe Street between 5th & 7th Project and Authorization to File Notice of Completion.
Item 8.5 A Resolution Reciting the Fact of the Consolidated Riverbank General Municipal Election held on November 8, 2022, and Declaring the Results and Such Other Matters as Provided by Law.– It is recommended that the City Council adopt the resolution for the purpose of: 1) Declaring elected Incumbent, Luis Uribe as the person for whom the highest number of votes were cast for the office of Councilmember District 1; and 2) Declaring elected Leanne Jones Cruz as the person for whom the highest number of votes were cast for the office of Councilmember District 3.
Item 8.6 A Resolution Approving the Appointments of John Dinan, Taide Zamora, and Alternates Steve Link and Michael Halterman to the Planning Commission Effective January 2023- It is recommended the City Consider Mayor O’Brien’s applicant recommendations to fill the two (2) expired Planning Commissioner seats, the expired Alternate Planning Commissioner seat, and fill the additional Alternate Seat.
City Council and LRA Board Meetings Agenda December 13, 2022 Next City Council Resolution: 2022-131 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.
9. PUBLIC HEARING
The Public Notice for item 9.1 was mailed out to residents on October 21, 2022 and Published on October 26th, 2022 in the Riverbank News.
Item 9.1 Public Hearing for Proposed Wastewater (Sewer) Rate Increase-(1) Open the Proposition 218 Public Hearing and Receive Written Protests to the Proposed Rate Increase for Wastewater (Sewer) Services, and (2) Adopt a Resolution Accepting and Closing the Proposition 218 Public Notification and Protest Process as it Relates to the Proposed Rate Increase for Wastewater (Sewer) Services, and (3) Consider Adopting a Resolution Approving the Proposed Wastewater (Sewer) Rates (this item is contingent upon the Results of the Protest Process)- It is recommended that the City Council consider the following requests related to the publicly noticed Public Hearing regarding the proposed Wastewater (Sewer) Rate increase:
1. Open the Proposition 218 public hearing and receive written protests to the proposed rate increase for Wastewater (Sewer) Services, and
2. Adopt a Resolution accepting and closing the Proposition 218 Public Notification and Protest Process as it relates to the proposed rate increase for Wastewater (Sewer) services, and
3. Adopt a Resolution approving the proposed Wastewater (Sewer) Rates contingent upon the results of the protest process.
10. SPECIAL BUSINESS
Item 10.1 Recognition of Vice Mayor/Councilmember Cal Campbell- It is recommended that the Riverbank City Council recognize Vice Mayor Campbell for his dedication and years of public service to the city.
Item 10.2 Administration of the Oath of Office, Presentation of Certificates of Election to each Elected Officer and Reorganization of the City Council – It is recommended that Mayor Richard D. O’Brien do the honors of administering the Oath of Office to Councilmember District 1 Luis Uribe and Councilmember District 3 Leanne Jones Cruz.
Item 10.3 Administer the Oath of Office to Newly Appointed Planning Commissioners and Alternate Planning Commissioners- It is recommended Mayor O’Brien administer the Oath of Office and Certificate of Appointments presented to the newly appointed Planning Commissioners.
BRIEF RECESS Mayor/Chair O’Brien calls for a brief recess for refreshments and reorganization of the City Council.
11. NEW CITY COUNCIL ROLL CALL:
Councilmember District 1 Luis Uribe
Councilmember District 2 Rachel Hernandez
Councilmember District 3 Leanne Jones Cruz
Councilmember District 4 Darlene Barber Martinez
Mayor Richard D. O’Brien
City Council and LRA Board Meetings Agenda December 13, 2022 Next City Council Resolution: 2022-131 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.
12. 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.
13. 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.
14. CONSENT CALENDAR
Item 14.1 A Resolution to allocate funds for the Squire Wells Way Roundabout.
Item 14.2 A Resolution Approving the Appropriation of Funds and Authorizing the City Manager to Enter into a Contract to Conduct a Cleanup at 3412 High Street.
Item 14.3 A Resolution Authorizing Expenditures from the Jacob Myers Park Fund.
Item 14.4 A Resolution Establishing A Capital Financing and Debt Policy.
Item 14.5 Authorization for Out of State Travel Request to have Sr. Construction Inspector Attend 2023 Slurry Systems Workshop in Las Vegas, NV Item 14.6 A Resolution Authorizing the City Manager, or His/her Designee, to Act as the Authorized Representative to Sign and File, for and on behalf of the City of Riverbank, A Financial Assistance Application for a Financing Agreement from the State Water Resources Control Board for the Planning, Design, and Construction of the Riverbank Regional Recycled Water Project Item 14.7 A Reimbursement Resolution Declaring the City’s Intent to Expect Reimbursement of Expenditures Paid Prior to the Issuance of Obligations or the Approval by the State Water Board of Project Funds.
15. PUBLIC HEARING
The Public Notice for Item 15.1 was published on September 21, 2022 in the Modesto Bee.
Item 15.1 Riverbank Regional Recycled Water Project (RRRWP) Council Consideration of Resolution Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Riverbank Regional Recycled Water Project and Approving the Project.- It is recommend that City Council approve Resolution 2022- adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approve the Project based on the analysis presented below and based on the findings in the published Initial Study / Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project.
City Council and LRA Board Meetings Agenda December 13, 2022 Next City Council Resolution: 2022-131 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.
16. NEW BUSINESS
Item 16.1 A Resolution Approving the Memorandum of Understanding between the City of Riverbank and Riverbank Mid-Management Employees AssociationIt is recommended that City Council adopt a Resolution approving the Memorandum of understanding between the City of Riverbank and the Riverbank Mid-Management Employees Association.
Item 16.2 A Resolution to Approve an Employment Agreement Between the City of Riverbank and Tamera Alcantor as Assistant City Manager/Administrative Services Director and Authorize the City Manager to execute the Agreement- It is recommended that the City Council consider adopting a Resolution which will approve an Employment Agreement with Tamera Alcantor as Assistant City Manager/Administrative Services Director.
17. 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 17.1 Staff
Item 17.2 Council/Authority Member
Item 17.3 Mayor/Chair
18. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 18.1 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION (Pursuant to Government Code § 54956.9)
Administrative Citation Appeal: 7060 Burneyville Road
19. REPORT FROM CLOSED SESSION
Item 19.1 Report from Closed Session Item 18.1
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION
(Pursuant to Government Code § 54956.9)
Administrative Citation Appeal: 7060 Burneyville Road
20. ADJOURNMENT
The next regular City Council meeting will be on January 10, 2023 at 6:00 p.m.
The meeting of December 27, 2022 is Canceled. Happy Holidays! City Council and LRA Board Meetings Agenda December 13, 2022 Next City Council Resolution: 2022-131 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.
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, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.
Posted this 8
th Day of December, 2022.
/s/Gabriela Hernandez, City Clerk
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/87684231010 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 876 8423 1010 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 876 8423 1010 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