CITY COUNCIL / LRA BOARD YO CITY OF RIVERBANK
Mayor/Chair
Richard D. O'Brien Regular City Council and
Vice Mayor/Chair (CM-D3) Cal Campbell Z
Local Redevelopment Authority
Council/Authority Members: Board Meetings
District 1 Luis Uribe CITY OF ACTION
District 2 Rachel Hernandez Council Chambers, 6707 Third St., Suite B Riverbank, CA 95367
District 4 Darlene Barber-Martinez
choose civility
MINUTES
TUESDAY, DECEMBER 13, 2022 - 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://wWW.RIVERBANK.ORG/AGENDACENTER) CALL TO ORDER - Mayor / Chair Richard D. O'Brien called the meeting to order at 6:0 OP.M.
2. FLAG SALUTE - Mayor / Chair Mayor 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 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.
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.
Christina Avalos with Mujeres en Accion, Women in Action gave a presentation on the Special Event hosted by her organization on June 24th & 25th of 2023 at the Riverbank Community Center.
Item 7.2 Recognition of Public Works Director Michael Riddell- It is recommended that City Council recognize the dedication and vears of service of Michael Riddell, Public Works Director.
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Mayor O'Brien presented Public Works Director, Michael Riddell with a plaque in recognition of his years of dedicated service to the City of Riverbank,
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.
Former Public Works Director Riddell, introduced Cody Bridgewater, as the New Public Works Director to the residents and 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.
Doug Dove with Bartle Wells Associates gave a PowerPoint Presentation on the future Sewer connection fee updates.
CONSENT CALENDAR
Il items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Boar nless requested by an individual Council/Authority Member or member of the public for special consideratio Darwise, the recommendation of stft will be accepted and acted upon by motion of the City CouncilLRA 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 & 7h Project and Authorization to File Notice of Completion.
Item 8.5 A Resolution 2022-131 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 2022-132 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.
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Mayor O'Brien Opened Public Comment at 6:17 p.m.
Mayor O'Brien Closed Public Comment at 6:17 p.m.
There being no public comments, Mayor O'Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe / Hernandez 5/0) to approve the consent calendar as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
9. PUBLIC HEARING
The Public Notice for item 9.1 was mailed out to residents on October 21, 2022 and Published on October 26, 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.
Doug Dove Representative with Bartle Wells gave a Comprehensive Report and PowerPoint presentation on the proposed wastewater (sewer) rate increase.
City Council discussed item with city Staff and Consultant.
Mayor O'Brien opened the Public Hearing at 6:36 p.m.
Residents who commented in Opposition of the Proposition 218 Proposed Sewer Rate Increase
Diego Hernandez, Riverbank Resident
Haskell Moore, Riverbank Resident
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Brett Delmas, Riverbank Resident
Jerry Van Houten, Riverbank Residen
MariAnn Banman, Riverbank Resident
Maria Ramirez, Riverbank Resident
Gustavo Rodriguez, Riverbank Resident
Chessie Garcia, Riverbank Resident
Kristin Herosy, Riverbank Resident
Evelyn Halbert, Riverbank Resident
Jamie Aggers, Riverbank Resident
Virginia Madueno, Riverbank Resident
Mayor O'Brien closed the Public Hearing at 7:14 p.m.
Residents who commented on Proposition 218 Proposed Sewer Rate Increase
Karen Conrotto, Modesto Resident
At of the close of the Public Hearing there are 960 number of Protests. The amount of protests needed was 3,419 to meet the 50% plus one requirement.
There being no further public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe/ Campbell 5/0) to approve Resolution 2022-133 accepting and closing the Proposition 218 Public Notification and Protest Process as it relates to the Proposed Rate Increase for Wastewater (Sewer) Services
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
ACTION: By motion moved and seconded (Uribe/ Campbell 5/0) to approve Resolution 2022-134 Approving the Proposed Wastewater (Sewer) Rates.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
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.
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Mayor O'Brien presented Vice Mayor Campbell with a plaque and gift in recognition of his years of public service as Councilmember for Riverbank District 3.
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.
Mayor O'Brien administered the Oath to Councilmember District 1 Elect Luis Uribe and Councilmember District 3 Elect Leanne Jones Cruz; each briefly commenting on their Election to serve for the next four years, and thanking everyone who supported them.
Item 10.3 Administer the Oath of Office to Newly Appointed Planning 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.
Mayor O'Brien administered the Oath to newly appointed Planning Commissioners John Dinan and Taide Zamora and Alternates Steve Link and Michael Halterman.
BRIEF RECESS Mayor/Chair O'Brien calls for a brief recess for refreshments and reorganization of the City Council.
City Council Reconvened at 8:00 p.m.
11. NEW CITY COUNCIL ROLL CALL:
Council / Authority Member District 1 Luis Uribe
Council / Authority Member District 2 Rachel Hernandez
Council / Authority Member District 3 Leanne Jones Cruz Council / Authority Member District 4 Darlene Barber Martinez Mayor / Chair Richard D. O'Brien
Roll Call was conducted by the City Clerk; all Members were present.
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.
Mayor O'Brien Opened Public Comment at 8:01 p.m.
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Karen Conrotto, Modesto Resident spoke in opposition of the proposed Riverwalk Project.
Diego Hernandez, Riverbank Resident spoke on the passed Sewer Rate Increase.
There being no further public comments, Mayor O'Brien closed the Public Comment period at 8:07 p.m.
Item 14.1 A Resolution to allocate funds for the Squire Wells Way Roundabout.
Item 14.2 A Resolution 2022-135 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 2022-136 Authorizing Expenditures from the Jacob Myers Park Fund.
Item 14.4 A Resolution 2022-137 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 2022-138 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 2022-139 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.
Councilmember Barber-Martinez pulled Item 14.1 for further discussion.
Mayor O'Brien Opened Public Comment at 8:08 p.m.
Mayor O'Brien Closed Public Comment at 8:08 p.m.
There being no public comments, Mayor O'Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to approve the consent calendar as presented with the exception of Item 14.1.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
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Item 14.1 A Resolution 2022-140 to allocate funds for the Squire Wells Way ACTION: By motion moved and seconded (Barber-Martinez / Uribe 5/0) to approve Item 14.1. of the Consent Calendar.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
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.
Neal Cowell, Representative with KSN gave a comprehensive staff report and Power Point Presentation on the Riverbank Recycled Water Project (RRRWP).
Mayor opened the Public Hearing at 8:25 p.m.
Mayor closed Public Hearing at 8:25 p.m.
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Jones Cruz 5/0) to approve Resolution 2022-141 accepting 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
Molion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
16. NEW BUSINESS
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Item 16.1 A Resolution Approving the Memorandum of Understanding between the City of Riverbank and Riverbank Mid-Management Employees Association- It 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.
City Manager Garcia gave a comprehensive Staff Report and Power Point Presentation on the terms for the Memorandum of Understanding Mid- Management Association and the City of Riverbank.
Mayor opened Public Comment at 8:35 p.m.
Mayor closed Public Comment at 8:35 p.m.
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Jones Cruz / Barber-Martinez 5/0) to approve Resolution 2022-142 approving the Memorandum of Understanding between the City of Riverbank and the Riverbank Mid- Management Employees Association.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O'Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 16.2 A Resolution to Approve an Employment Agreement Between the City 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.
City Manager Garcia gave a comprehensive Staff Report and Power Point Presentation on the terms on the Employment Agreement for the Assistant City Manager/ Administrative Services Director.
Mayor opened Public Comment at 8:41 p.m.
Mayor closed Public Comment at 8:41 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 / Uribe 5/0) to approve Resolution 2022-143 to approve the Employment Agreement for Tamera Alcantor as Assistant City Manager/ Administrative Services Director.
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Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O'Brien NAYS: None / ABSENT: None / 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.
Item 17.1 Staff
City Manager Garcia reported on the following:
• Reminding residents City Offices will be closed from December 22nd 2022 to January 2nd, 2023. Returning January 3rd, in the meantime please feel free to email staff with any needs.
• Thank you to all Parks & Recreation Staff and all of the Streets and Public Works staff that worked extremely hard during the Rain on the Christmas Parade. • Thank you to all our City Council on behalf of Staff for all your support during this year, a year of change, we thank you for the opportunity to serve you.
Item 17.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• It's a pleasure to serve the Community
• Thank you to City workers for the parade, glad we held it despite the rain. • Looking forward to doing things here at the city and getting to work with the city council.
Councilmember Hernandez reported on the following:
• Thank you to the residents for coming out and being civically engaged, we are going to work hard to keep everyone informed of any grants that come in and fees that can be reduced
• It has been a year of change, congratulations to Marisela, Gaby, Cody, and everyone that is joining the council and planning commissioners.
Councilmember Uribe reported on the following:
• Had the opportunity to meet with the Presidente Municipal of our Sister City Tamazula de Gordiano, had breakfast and had conversation regarding this collaboration we are working on building.
• Happy New Year, Merry Christmas, Happy Holidays!
Councilmember Barber-Martinez reported on the following:
• Congratulations to Tammy, Leanne, and Cody!
• Thank you to everyone who participated in the Craft Fair and the parade, we got soaked but it still was a lot of fun!
• Appointed to the League of California Cities Public Safety Policy Committee. • Looking forward to another productive year as we move our city forward. • Merry Christmas and Happy New Year to al!!
Item 17.3 Mayor/Chair
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Mayor O'Brien reported on the following:
• Thank you to Parks and Rec for the Christmas Parade.
• Lt. Vernon was out there who did a great job emceeing the Parade. • Looking forward to the new year, we have a lot that we need to accomplish and a lot of work to do.
• Thank you to Michael for your years of dedicated service. • Welcome Leanne to the Council thank you for being a part of the public that came forward.
• CALTRANS Day coming here in Riverbank.
• Merry Christmas, Happy Hanukah, Happy Holidays!
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
Mayor O'Brien asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda; there being none, Mayor O'Brien adjourned the City Council to closed session at 8:47 p.m.
19. REPORT FROM CLOSED SESSION
Mayor O'Brien reconvened the meeting at 8:53 p.m.
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
Direction was provided to staff.
20. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O'Brien adjourned the regular meeting at 8:53p.m. to the next regular scheduled City Council / LRA Meeting of January 10th 2023 at 6:00 p.m.
ATTEST: (Adopted 01/10/2023) APPROVED:
Sabile beandez Pahand 6. 0x3 min
Gabriela Hernandez Richard D. O'Brien
City Clerk / LRA Recorder Mayor/Chair
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