Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, March 14, 2023

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
AGEND
TUESDAY, MARCH 14, 2023 – 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.

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for:

9.2A - February 14, 2023

9.2B - February 28, 2023

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
Council/Authority Members
District 1 - Luis Uribe
District 2 - Rachel Hernandez
District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda March 14, 2023 Next City Council Resolution: 2023-015 Next Ordinance: 2023-004 Next Local Redevelopment Authority Board Resolution 2023-002 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 9.3 Adopt a Resolution to Award Bid for the Castleberg Park Trail Project to Consolidated Engineering Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $102,688 from Fund 156 – Assessment District Fund.

Item 9.4 A Resolution Authorizing the Execution of a Performance Agreement between the City of Riverbank and SMA Entertainment for the Coordination of the 2023 Cheese & Wine Festival.

Item 9.5 A Resolution Authorizing the Mayor to Execute a Lease with SMA Entertainment for the Area Associated with the Riverbank Cheese and Wine Festival.

Item 9.6 A Resolution to Approve a Subdivision Improvement Agreement for Ward Villas with Ammo Plant Management, Inc. and Authorizing the City Manager to Execute the Agreement.

Item 9.7 A Resolution to approve the Final Map 03-2021 Ward Villas – APN: 132- 036-003.

10. PUBLIC HEARING – No Items Scheduled

11. NEW BUSINESS
Item 11.1 A Resolution to Nominate a Councilmember from a “Large” City within Stanislaus County that has applied to serve on the San Joaquin Valley Air Pollution District Governing Board, or reject all candidates- It is recommended that the City council by roll call vote; 1) Consider adoption of the resolution to nominate candidate Councilmember David Wright, City of Modesto, or Councilmember Rosa Escutia-Braaton,City of Modesto to fill the vacant seat on the District Governing Board; or 2) Reject both candidates.

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
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.

City Council and LRA Board Meetings Agenda March 14, 2023 Next City Council Resolution: 2023-015 Next Ordinance: 2023-004 Next Local Redevelopment Authority Board Resolution 2023-002 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

14. ADJOURNMENT
• The next regular City Council meeting will be on March 28th, 2023 at 6:00 p.m.

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, South City Hall public exterior Bulletin, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.

Posted this 9
th Day of March, 2023
/s/Gabriela Hernandez, City Clerk

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PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – City of Riverbank
• 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 public if anyone wishes to comment, at that time you may approach the podium.
● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) o Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.

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

JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/89374006966 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 893 7400 6966 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 893 7400 6966 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT

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Item 9.1 – CC/LRA – 03/14/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: March 14, 2023
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

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

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

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

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

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Item 9.2 – CC/LRA – 03/14/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: March 14, 2023
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for:

9.2A – February 14, 2023

9.2B – February 28, 2023
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 as presented.

SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meeting have been prepared for review and approval.

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS

1. The February 14, 2023 City Council and Local Redevelopment Authority Board Minutes.

2. The February 28, 2023 City Council and Local Redevelopment Authority Board Minutes.

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CC / LRA Minutes – 2/14/2023

MINUTES
TUESDAY, FEBRUARY 14, 2023 – 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 3 Leanne Jones Cruz Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D2) Rachel Hernandez
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.

Councilmember Barber-Martinez conflict of interest on Item 11.2

7. PRESENTATIONS (Informational only)
No Presentations Scheduled.

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-D2) Rachel Hernandez
Council/Authority Members:

District 1 -Luis Uribe
District 3- Leanne Jones Cruz
District 4 -Darlene Barber-Martinez

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Mayor O’Brien Opened Public Comment at 6:03 P.M.

Floyd Koebel, Modesto Resident, spoke in opposition of the River Walk Project There being no further public comments, Mayor O’Brien closed the Public Comment period at 6:04 P.M.

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

Item 9.2 Approval of the January 24, 2023 City Council and Local Redevelopment Authority Board Minutes.

Item 9.3 A Resolution 2023-009 Adopting by Reference Fair Political Practices Commission Title 2, Division 6, California Code Sections 18730 and 18730.1; the 2023 Conflict of Interest Code List of Designated City Positions; and the Related Economic Interest Disclosure Categories.

Item 9.4 A Resolution 2023-010 Declaring Certain Property Surplus as Listed in Exhibit A and Authorizing its Disposition.

Item 9.5 A Resolution 2023-011 to Award Bid for the Claus Road Curb & Sidewalk Project to Hensley’s Paving & General Engineering Inc. and Authorize Execution of Future Change Orders
Mayor O’Brien Opened Public Comment at 6:05 P.M.

Assistant City Manager, Alcantor (Interim Clerk) stated a correction on item 9.2 the Minutes of January 24th, 2023 need to reflect the vote on Item 12.1, the record should reflect the AYES Votes were, Jones-Cruz, Barber-Martinez, Mayor O’Brien and the NAYS Votes were, Uribe and Hernandez, motioned passed 3/2, not unanimous.

Mayor O’Brien Closed Public Comment at 6:05 P.M.

There being no public comments, Mayor O’Brien brought the item back to City Council.

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ACTION: By motion moved and seconded (Jones-Cruz /_Uribe _5/0) to approve the consent calendar as corrected.

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

AYES: Uribe, Hernandez, Jones Cruz, 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 Appropriating funds for the 2022 Cheese & Wine Festival- It is recommended that the City Council consider the approval of a Resolution to appropriate funds for the 2022 Cheese & Wine Festival.

Parks & Recreation Director Fitzpatrick presented a comprehensive staff report on the need of fund appropriation from the General Fund into the Cheese and Wine account for the deficit incurred from the 2022 Cheese and Wine Festival.

City Council discussed item with City Staff.

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 Resolution 2023-0012 to Appropriating Funds for the 2022 Cheese & Wine Festival from the General Fund into the Cheese and Wine Account.

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

AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 2023 Cheese & Wine Festival Options- It is recommended that the City Council consider the options for the 2023 Cheese & Wine Festival and give staff direction.

Councilmember Barber-Martinez stepped out of the Chambers.

Parks & Recreation Director Fitzpatrick presented a comprehensive staff report and Power Point Presentation on the options City Council could consider for the 2023 Cheese & Wine Festival.

City Council discussed item with City Staff.

Mayor O’Brien opened Public comment at 6:47pm

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CC / LRA Minutes – 2/14/2023
Riverbank Resident, Arlene Figueroa commented on the sales decrease of Beer and Wine at the last year’s festival.

Building & Planning Manager, Donna Kenny commented on potentially purchasing fencing. Not only would it be beneficial for the Cheese and Wine and the Parks & Recreation department, but can also be used for health and safety reason for Code enforcement.

There being no further public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: Direction was provided to staff.

Councilmember Barber-Martinez returned to dais.

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 items:
• City Hall Offices will be closed this Monday for President’s Day. • Job Recruitment for and Administrative Clerk in the Parks & Recreation Department, anyone interested please go to the city website for www.riverbank.org applications also available in our offices. Be on the look out by the end of the week for three other positions opening up in the Public Works Department.

Item 12.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• Attended the California League of California Cities Conference New council members and mayors, attended the required ethics training that is required and also sat in on other workshops that were very valuable. • Will be meeting with department heads starting next week, to catch up on new/current projects.

Councilmember Uribe reported on the following:
• Happy Valentine’s day
Councilmember Barber-Martinez reported on the following:
• Attended and Electronic vehicle event last month and got a chance to drive an EV vehicle, learned a lot about charging stations both in home and charging stations that we are planning to have here in our city.

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CC / LRA Minutes – 2/14/2023
• Attended a homeless summit presented by The Office of Education, youth panel who experienced homeless, and how we can help anyone who finds themselves in that situation.
• “People fail to get along because they fear each other; they fear each other because they don’t know each other; they don’t know each other because they have not communicated with each other” -MLK
• There are plenty of opportunities to get to know us and meet us, there are plenty of volunteer opportunities with the non-profits, so please get involved.

Vice Mayor Hernandez reported on the following:
• City Staff, along with Councilmember Barber-Martinez and myself did the Point in time Count. Every year around the same time, Stanislaus County goes out and does a physical count, on those unsheltered and reports to the state, the numbers are not out yet.
• Attended a Stan State economic impact presentation, the numbers are on their website. It gave us a glimpse of the university’s (which is my alma matter) impact qualitatively and quantitatively in the area.

Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• For Legal- Downtown absentee ordinance it has been 3 years, if I can have it within 6 weeks.
• We are working on a Riverwalk EIR, the sooner that is out the better, so we can move the process one way or the other.
• Would like to have an update on our homeless housing situation, I know that we may have some problems with the Sierra House, also how are we doing on procuring housing for the homeless, so that we may not have to hold a PIT Count. • Cal Trans Director went along with a ride on the needs that we have here in our community and has given guidance on how we can get certain projects moving.

He understands that we are not a one size fits all, we are not San Francisco or Los Angeles.
• He is going to be working on one of our most notable projects the North County Corridor.

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.

Item 13.1 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION (Pursuant to Government Code § 54956.9)
Number of Cases: 1 Potential Case
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Henry S. (Mic) Meeks, Advanced Materials and Manufacturing Technologies, LLC
Agency Claimed Against: City of Riverbank

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There being No Public Comment, Mayor O’Brien adjourned to Closed Session at 7:00 P.M.

Reconvened from Closed Session at 7:11 P.M.

14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1

CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION
(Pursuant to Government Code § 54956.9)
Number of Cases: 1 Potential Case
ACTION: Direction has been provided to staff.

Item 14.2 Report from Closed Session Item 13.2

LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Henry S. (Mic) Meeks, Advanced Materials and Manufacturing Technologies, LLC
Agency Claimed Against: City of Riverbank
ACTION: Claim was denied by a vote of 5 to 0

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:12 P.M. to the next regular scheduled City Council / LRA Meeting of February 28, 2023 at 6:00 p.m.

ATTEST: (Adopted 3/14/2023) APPROVED:

Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair

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MINUTES
TUESDAY, FEBRUARY 28, 2023 – 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:

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 Presentation – Stanislaus Arts Council- Heartland Creative Corps Grant Program- It is recommended that the City Council receive a presentation from Austin Romito, Project Manager with Stanislaus Arts Council.

Stanislaus Arts Council, Project Manager, Austin Romito gave a presentation to the City Council and Community regarding Heartland Creative Corps Grant Program.

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-D2) Rachel Hernandez
Council/Authority Members:

District 1 -Luis Uribe
District 3- Leanne Jones Cruz
District 4 -Darlene Barber-Martinez

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Mayor O’Brien Opened Public Comment at 6:08 P.M.

Residents who spoke regarding concerns with the Bruin Heights Subdivision Syd Halterman, Riverbank Resident
Jason Shrider, Riverbank Resident
Residents who spoke in opposition of the Riverwalk Project Jamie Aggers, Modesto Resident
Karen Conrotto, Modesto Resident
Gilbert Rosa, Riverbank Resident spoke regarding his corner lot received a notice that his 5th wheel has to be on a driveway not on a lawn. Would like to see his fence line be moved out, closer to the sidewalk, so that he may put his 5th wheel inside.

There being no further public comments, Mayor O’Brien closed the Public Comment period at 6:21 P.M.

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

Mayor O’Brien Opened Public Comment at 6:36 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 the consent calendar as presented.

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

AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

10. PUBLIC HEARINGS
The Public Notice for Item 10.1 and LRA Item 10.2 was published on February 15, 2023 in the Riverbank News.

Item 10.1 A Resolution Approving the Fiscal Year 2022-23 Mid-Year Budget Amendments- It is recommended that the City Council consider approval of the Fiscal Year 2022-23 Mid-Year Budget Amendments.

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Assistant City Manager/ Finance Director, Alcantor presented a comprehensive Staff Report and Power Point Presentation on the Fiscal Year 2022-23 Mid-Year Budget amendments.

City Council discussed item with Staff.

Mayor O’Brien Opened the Public Hearing at 6:33 P.M.

Mayor O’Brien Closed the Public Hearing at 6:34 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 / Uribe 5/0) to approve Resolution 2023-013 Approving the Fiscal Year 2022-23 Mid-Year Budget Amendments.

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

AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
LRA
Item 10.2 A Resolution Approving the Local Redevelopment Authority (LRA) Fiscal Year 2022-2023 Mid-Year Budget Amendments- It is recommended that the Local Redevelopment Authority (“LRA”) Board of Directors (“Board”) accept and adopt the attached resolution approving midyear budget adjustments to the Fiscal Year (“FY”) 2022/2023 Local Redevelopment Authority Budget.

Administrative Analyst II, Holdaway presented a comprehensive Staff Report and Power Point Presentation on the Local Redevelopment Authority (LRA) Fiscal Year 2022-23 MidYear Budget amendments.

LRA Board discussed item with Staff.

Chair O’Brien Opened the Public Hearing at 6:37 P.M.

Chair O’Brien Closed the Public Hearing at 6:38 P.M.

There being no public comments, Chair O’Brien brought the item back to LRA Board.

ACTION: By motion moved and seconded (Uribe/ Barber-Martinez 5/0) to approve Local Redevelopment Authority Resolution 2023-001 Approving the LRA’s Fiscal Year 2022-2023 Mid-Year Budget Amendments.

Motion carried by unanimous LRA Board roll call vote:

AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, and Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

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11. NEW BUSINESS
Item 11.1 A Resolution Approving the Amendments to the Memorandum of Understanding Between the City of Riverbank and Cary Pope (DBA Ammo Plant Management, Inc.) Relating to the Ward Villas Affordable Housing Project- It is recommended that the City Council consider adopting a Resolution that will amend the existing Memorandum of Understanding between the City and Cary Pope (DBA Ammo Plant Management, Inc.) for the Ward Villas Affordable Housing Project City Manager, Garcia gave a comprehensive staff report on the Amendments to the Memorandum of Understanding Between the City of Riverbank and Cary Pope (DBA Ammo Plant Management, Inc.) Relating to the Ward Villas Affordable Housing Project.

City Council discussed item with Staff.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Jones Cruz / Uribe 5/0) to approve Resolution 2023-014 amending the existing Memorandum of Understanding between the City and Cary Pope (DBA Ammo Plant Management, Inc.) for the Ward Villas Affordable Housing Project.

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

AYES: Uribe, Hernandez, Jones Cruz Barber-Martinez, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

12. WORKSHOPS
Item 12.1 Yard Regulations Workshop- It is recommended that City Council listen to the presentation, take public comment, and provide staff direction.

Building and planning Manger Kenney presented a PowerPoint Presentation on the Yard Regulations Workshop regarding current regulations for driveways, paving in yards, water peculation, fencing, ADA sidewalk ramps, etc.

City Council discussed item with Staff.

Senior Neighborhood Improvement officer, Garcia made clarification on the process which code enforcement follows when issuing and mailing code enforcement violations for the items being discussed.

Mayor O’Brien opened Public Comment at 7:16 P.M.

Reverend Randy Richardson, Riverbank Resident commented on the responsibility on new construction for the builder and seller to share and let the homeowners know of the regulations of Riverbank prior to them moving in and that way the information is in their

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CC / LRA Minutes – 2/28/2023
hands. Also look into the properties that are grandfathered, may have to be regulated differently.

Gilbert Rosa, Riverbank Resident commented regarding his corner lot property a quarter acre lot purchased six months ago. Paid to get trees taken out and side yard cleaned up, did not want to move into a homeowner’s association for this reason, to be able to do what needed to put my RV inside. Bought specifically this home for his Boat and RV, would like just to put gravel, to allow for water percolation on the side of his home.

Received a notice for this violation.

Amber Cooper, Riverbank Resident received a violation letter, have been working with Donna and Michele on this issue. Home is on a corner lot, and are trying to fix the ADA Issue, the yard is rocked not paved, so still have the water percolation. The letters are hard to understand, a lot of legal verbiage and codes, I have a deep working background and education, and these violation letters are difficult to make out and understand what is going on with your home and what the violations mean and how to fix them. Would like to see, better communication and better clarification on these letters. It is disheartening to hear that someone is going around taking pictures of homes to turn into the city over and over again, that is very frustrating.

Kevin Cooper, Riverbank Resident moved to Riverbank about thirteen years ago, with a background in construction. Have had and just recently had his work truck broken into.

Right now, that truck is parked in front of home, its too big to fit in his driveway, so its not in camera view or inside protected. Spoke to someone at City Hall a few years ago, regarding a permit to rebuild his fence, that person stated he did need or did not need a permit to build that fence. So, he took it as he could build the fence, built a nice fence with a nice gate. It was just till recently that I received a violation letter, because a busy body went around and complained. There are several homes around in crossroads area that have a fenced moved out with paved side and are using the ADA ramp, so since we saw other homes around with it, we assumed we could do it. We do want to comply with the code, and we’ve been in contact with Donna and Michele, we just want to see if the code can be changed. I think if the fence and the yard look nice, we should really be looking at those who are not taking care of their yards and making our neighborhoods look bad.

Evelyn Halbert, Riverbank Resident are these older homes going to be required and be forced into these new changes, or are we going to be preexisting and not be required to make these changes, when the fences were allowed. Downtown homes, we do not have that public utility easements, I don’t know how that would apply to us. Storm Drains, this side of town is not flat, the water does not drain equally, how is this going to apply to us.

DIRECTION: City Staff will work on putting a plan together to receive community/resident input and feedback regarding these workshop topics.

13. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 13.1 Staff

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CC / LRA Minutes – 2/28/2023
City Manager Garcia advised the City Council and the public on the following items:
• Parks & Recreation Activity Guides are now available, you can find them online and City Hall Offices. A lot of different programs available. • Structures/poles at Crossroads there is some movement of electrical lines, if one should happen to fall on the street it does not hit a resident driving by.

Item 13.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• It is nice to see the roundabout at crossroads is being repaired.

Councilmember Uribe reported on the following:
• American Veteran’s First is having two events:
1) A luncheon on March 31st from 11:00am to 2:00pm at 3500 Coffee Road talking about issues facing the VA System, if interest contact Shirley at (209) 281-5170 2) Save the Date for Nationals Women’s Veterans Day on June 9th at the County’s Veteran’s Center.

Councilmember Barber-Martinez reported on the following:
• Thank you, the City, for the repair of the Roundabout statue at crossroads, to our residents please be careful driving and slow down with this wet weather. • We are having improved Route 60 bus transportation, it will now provide service to our Community Center, better access to the community pool, teen center, and also it will make a stop at our public library and just more frequent stops. This service will start on March 5
th, when you ride from March 5th through March 18th
the service will be free for Go Green Weeks. There will also will be a new bus transportation service from Patterson Road in Riverbank to Senior Grove in Modesto, which is something that has been very dear to our hearts with our students that are walking on Roselle to get to Enoch’s High School or other schools.

Vice Mayor Hernandez reported on the following:
• Thank you to the residents for coming in and having their comments, the best way to know the next steps will be to follow up on social media, it is the quickest and easiest way and also a good source is our website: www.riverbank.org. Also, our utility newsletter, although it is once every two months, make sure you are opening your utility bill and looking at the newsletter, do not throw it away, or if you have auto pay, please click on that link to the newsletter.
• Interest in forming a Soroptimist Chapter here in Riverbank please contact me if you are interested.
• Working with an intern from Stanislaus State currently in partnership with the Central Valley Hispanic Chamber to hold a small Business Boot Camp for folks that would like to start a business license, it will be only in Spanish we will connect them with resources and possibly funding, that will m be in May. We will keep you al posted.

Item 13.3 Mayor/Chair

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CC / LRA Minutes – 2/28/2023
Mayor O’Brien reported on the following:
• Attended the State of the City Address for the City of Modesto and was amazed that they received a Helen Putnam award for a program they purchased that allows as they are holding a meeting its being translated directly into Spanish, I’d like to see if we could piggy back off what they have, and tie into one way or the other.

We need to look into everything we write and publish translated into Spanish. • We received a letter from the Commission on the Aging, on nominating an older citizen who we would like to recognize for the month of May (May is Senior Citizen Awareness) who has made contributions, or gave civil or military service. Please think and share who you would like to see recognized. Would like to have each councilmember nominate someone from your district, we can recognize more than one.
• We have been asked to solicit from the public for the Civil Grand Jury for this year, if you would like to participate please contact the Administration Department main number 209-863-7122.
• It has been a long time coming, to change the Route 60. We do have to talk to StanRTA about the stop at Roselle and Patterson and blocks traffic, because as you are making a right hand turn it does have some blocked vision. • Tomorrow starts Women’s History Month, take a look at the history of women, please thank them. Congratulations to all the women who have imparted some history on this great land.
• State of the City is on March 9th at 6:30pm at the Community Center, it is an opportunity for the Mayor to highlight all of the great things the city has done this last year.

14. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.

Item 14.1 CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Significant Exposure to Litigation, pursuant to Gov. Code § 54956.9(d) Number of Potential Cases: 1
There being No Public Comment, Mayor O’Brien adjourned to Closed Session at 7:56 P.M.

Reconvened from Closed Session at 8:07 P.M.

15. REPORT FROM CLOSED SESSION
Item 15.1 Report from Closed Session on Item 13.1
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation
Significant Exposure to Litigation, pursuant to Gov. Code § 54956.9(d) Number of Potential Cases: 1
ACTION: Direction has been provided to staff.

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CC / LRA Minutes – 2/28/2023

16. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 8:08 P.M. to the next regular scheduled City Council / LRA Meeting of March 14, 2023 at 6:00 p.m.

ATTEST: (Adopted 3/14/2023) APPROVED:

Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair

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Item 9.3 - CC/LRA 03/14/23

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: March 14, 2023
Subject/ Title: Adopt a Resolution to Award Bid for the Castleberg Park Trail Project to Consolidated Engineering Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget
Amendment for an Additional $102,688 from Fund 156 –
Assessment District Fund
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Parks and Recreation Director Kathleen Cleek, Dev. 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, Consolidated Engineering Inc.; and

2. Authorize the City Manager to execute Change Orders within total project budget; and

3. Authorize a budget amendment for an additional $102,688 from Fund #156 (Assessment District Fund).

SUMMARY
Castleberg Park was developed in the early 1990’s, with two baseball fields, basketball courts, spectator seating, concession stand, playground equipment, restroom facilities, covered picnic areas, a walking trail, and a parking lot.

In July 2019, the City joined the Stanislaus County Urban County “Consortium” which will entitle us to receive an annual allocation of Community Development Block Grant (commonly referred to as CDBG) funds. The City of Riverbank will use CDBG funds as set forth in the Annual Action Plan of 2020 and will also use City funds from a former Assessment District established in 1991 for improvements in the Castleburg Park area.

These funds are currently allocated in Fund #156. The scope of work includes clearing

Page 2 of 2 ends

Item 9.3 - CC/LRA 03/14/23
and grubbing of lawn around existing pathway, asphalt removal and grading to meet Americans with Disabilities (ADA) slopes, parking and ramps, and a retaining wall and hand rail at ramp areas. The asphalt pathway will be re-constructed of aggregate base rock and asphalt paving. The areas adjacent to the asphalt path will be seeded with grass seed. Minor drainage improvements will include 4-inch drainage pipe and 6-inch drainage inlets. All drainage will be directed towards the existing basin. Minor concrete flat work will be placed at ADA ramps and wheelchair pads.

The purpose of the project is to ensure the residents will have high-quality, safer, cleaner, and easily accessible recreational and sporting venues as well as meet necessary ADA requirements.

The bid opening was held on Thursday, March 2, 2023 to consider the bids for the Castleberg Park Trail Project. The following bids were received:

Consolidated Engineering Inc. $225,439.00
Ross F. Carroll, Inc. $250,300.00
George Reed, Inc. $274,817.00
Harris Development Corp. dba HBC Enterprises $284,549.00 Work on the project includes, but is not limited to, furnishing all labor, materials, equipment, transportation, and incidentals necessary for asphalt paving, sidewalk, striping, ADA improvements and all other work included on the plans for the above mentioned project. Bids are required for the entire work described herein.

Bids have been reviewed and Consolidated Engineering Inc. has been identified as the lowest responsible bidder for the project.

Staff originally budgeted $135,000.00 from CDBG and $45,700 from Fund #156.

Preliminary Engineering and NEPA requirements for this project totaled $30,404.31. The low bid came in higher than anticipated at $225,439.00 but fortunately the City has funds available in Fund #156 to cover the additional costs plus 10% contingency of $22,544.00 and $5,000 for construction testing. A budget amendment is requested from Fund #156 in the amount of an additional $102,688 to be combined with CDBG Funding to complete the project.

It is also 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 Community Development Block Grant (CDBG) funds - $135,000.00 and Fund 156 - $148,388 ($45,700.00 already budgeted and an additional $102,688 as a budget amendment being requested).

ATTACHMENT

1) Resolution 2023-
2) Site Map

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CC/LRA – 03/14/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, TO AWARD A CONTRACT FOR THE

CASTLEBERG PARK TRAIL PROJECT WITH CONSOLIDATED ENGINEERING INC. IN THE AMOUNT OF $225,439.00, AND AUTHORIZE THE CITY MANAGER

TO EXECUTE SAID CONTRACT AND APPROVE CHANGE ORDERS UP TO THE PROJECT CONTINGENCY FUND OF $22,544.00, AND AUTHORIZE A BUDGET AMENDMENT OF AN ADDITIONAL $102,688 IN FUNDING FROM FUND #156 TO

BE COMBINED WITH THE CDBG FUNDING TO COMPLETE THE PROJECT

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

WHEREAS, the Castleberg Park Trail Project includes work to construct asphalt paving, sidewalk, striping, ADA improvements; and
WHEREAS, the City published a Notice to Bidders inviting interested bidders to submit their sealed bids for the Project; and
WHEREAS, on March 2, 2023, the City of Riverbank received four (4) bids and publicly opened and read the bids; and
WHEREAS, the apparent responsive and responsible low bidder is Consolidated Engineering Inc., in the amount of $225,439.00; and
WHEREAS, staff also recommends that the City Council approve a project contingency of $22,544.00 for the Project to fund additional work as needed during renovation and construction; and
WHEREAS, staff is requesting a budget amendment of an additional $102,688 from Fund #156 to be combined with CDBG Funding to complete the project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves a contract with Consolidated Engineering Inc., in the amount of $225,439.00; 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 $22,544.00; and ATTACHMENT 1

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CC/LRA – 03/14/2023
CC Resolution 2023-
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Riverbank authorizes a budget amendment of an additional $102,688 from Fund #156 to be combined with the CDBG Funding to complete the project.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of March, 2023; motioned by Councilmember ________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________ _____________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Hensley’s Paving & general Engineering, Inc. Contract Site Map
Castleberg Park Trail Project
ATTACHMENT 2

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Item 9.4 – CC/LRA – 03/14/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: March 14, 2023
Subject: A Resolution Authorizing the Execution of a Performance Agreement between the City of Riverbank and SMA
Entertainment for the Coordination of the 2023 Cheese & Wine Festival
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
It is recommended that the City Council consider approval of the Resolution Authorizing the Performance Agreement with SMA Entertainment for the Coordination of the 2023 Cheese & Wine Festival.

SUMMARY
On February 14, 2023, the City Council gave staff direction to proceed with the contract that was in the best interest of the City for the coordination of the Cheese & Wine Festival that will occur on October 14th and 15th, 2023.

An updated performance agreement has been drafted for City Council approval to contract with SMA Entertainment

BACKGROUND
The Riverbank Cheese and Wine Festival has been held in Riverbank for the past 45 years. The Festival was administered by the Riverbank Chamber of Commerce for many years until it was sold to the Riverbank Rotary Club. The Rotary Club administered the Festival for eight years and in 2014 made the decision that they were unable to continue the event. The City then purchased the event from the Rotary Club for $15,000.

The City Parks and Recreation Department contracted with Chris Ricci Presents, Inc. for six years for the coordination of the festival and Simply Devine Events, LLC for the past two years.

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Item 9.4 – CC/LRA – 03/14/2023
As presented to the City Council at the February 14, 2023 City Council meeting, there were a few options for this year’s contract. After much consideration and meeting with each potential contractor again, it was determined that the best choice was to work with SMA Entertainment to oversee the entire festival at the cost of $13,500 and an incentive of receiving 50% of revenue generated after all expenses are paid. The level of enthusiasm and confidence in coordinating this festival displayed by SMA Entertainment was a good portion of the deciding factor. Due to inflation and the overall economy, the plan is to only sub-contract the expertise in the cheese & wine component if deemed necessary as we proceed with the planning.

This year the City Parks and Recreation Department, with City Council approval, will contract with SMA Entertainment and enter into a performance agreement for services, by Resolution for the 2023 year, as attached in Exhibit A.

STRATEGIC PLAN
This item is relevant to the City Strategic Plan by Enhancing the Quality of Life through Recreation and Community Events.

FINANCIAL IMPACT
The performance agreement engages SMA Entertainment to provide the 2023 Cheese & Wine Festival event coordination services and establishes that the costs for those services is $13,500, with the incentive of a 50/50 split of revenue after all expenses are paid.

This Festival has operated without General Fund support for seven of the eight years it has been a city event. The goal is to check financial milestones during the planning stages and downsize the event as needed if those milestones are not met, therefore striving to make this festival self-sustaining.

ATTACHMENT

1. Resolution 2023-

2. Exhibit A: Performance Agreement

3. Exhibit B: Scope of Services

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CC/LRA – 03/14/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, AUTHORIZING THE EXECUTION OF A

PERFORMANCE AGREEMENT WITH SMA ENTERTAINMENT

FOR THE PLANNING, ORGANIZING AND IMPLEMENTATION OF THE CHEESE AND WINE FESTIVAL IN THE AMOUNT OF $13,500 AND A 50/50 SPLIT OF

REVENUE OVER EXPENSES

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

WHEREAS, the Cheese and Wine Festival (“Festival”) has been a tradition in the City of Riverbank (“City”) for many years, the City of Riverbank purchased the Festival rights in 2014, establishing it as a safe and enjoyable event; and WHEREAS, in November, 2022 a Request for Proposal was released for the coordination of the 2023 Cheese & Wine Festival; and
WHEREAS, on February 14, 2023, the City Council directed City staff to award the Festival Coordination to the bidder that would reduce costs and increase the quality of the festival; and
WHEREAS, on March 14, 2023 the City Council accepted the proposal submitted by S&M Entertainment and directed staff to plan for the 2023 Cheese & Wine Festival to be held on October 14th, and 15th, 2023 contracting with SMA Entertainment; and WHEREAS, the Performance Agreement engages SMA Entertainment, to provide event coordination services and establishes that the costs for those services to be $13,500 and a 50/50 split of revenue over expenses. These payments will be paid in three installments within the final payment due October 20, 2023. Any excess revenue over expenses will be split no later than November 30, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Manager to execute the Performance Agreement between SMA Entertainment and the City of Riverbank, attached hereto as Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14
th day of March, 2023; motioned by Councilmember_______, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of ____:

ATTACHMENT 1

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CC/LRA – 03/14/2023
CC Resolution 2023-
AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ __________________________ Gaby Hernandez Richard D. O’Brien
City Clerk Mayor
Attachments: Exhibit A – Performance Agreement with SMA Entertainment Performance Agreement
City of Riverbank and SMA Entertainment

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PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (the “Agreement”) is made and entered into this 14th day of March, 2023 (the “Effective Date”), by and between the City of Riverbank, a municipal corporation of the State of California (“City”) and SMA Entertainment (“Consultant”).

City and Consultant may each be referred to hereinafter separately as “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
This Agreement is being entered into with reference to the following facts:

A. City owns and operatesthe annual Riverbank Cheese and Wine Festival, a longstanding local tradition consisting of arts and crafts and food booths featuring award-winning cheese and wine which is normally held the second weekend of October (“Festival”).

B. On March 14, 2023, the Riverbank City Council (“City Council”) accepted the proposal submitted by SMA Entertainment for the operation of the Cheese & Wine Festival for 2023.

C. Consultant, SMA Entertainment desires to perform the scope of services included in its proposal for the 2023 Cheese & Wine Festival on the terms and conditions set forth below.

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. Description of Work.

1.1. Scope of Services. Consultant shall perform the work set forth in Exhibit B, attached hereto (the “Services”). Consultant shall provide all labor, equipment, material and supplies required or necessary to properly, competently and completely perform the work or render the Services under this Agreement. Consultant shall determine the method, details and means of doing the work or rendering the Services. Any request for work or services not included in Exhibit B will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

1.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services. If such Modifications cause an increase in the cost or time required for performance of Consultant’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Consultant and, if necessary, amend the terms of Exhibit B. The Services, completion schedule, or compensation shall not be revised unless City and Consultant mutually agree to a written amendment to this Agreement ATTACHMENT 2
Performance Agreement
City of Riverbank and SMA Entertainment

Page 2 of 9 ends

reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

1.3. Consultant Requested Modification in Services. Consultant shall not be compensated for work outside of the Services described in this Agreement, unless, prior to the commencement of the Services:
a. Consultant provides City with written notice that specific work requested by City or required to complete the Services is outside the agreed upon terms set forth in the Agreement. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Consultant’s proposed course of action for completing the work and a specific request for the City to approve the Modification to the Services; (3) set forth the Consultant’s proposed revisions, if any, to the completion schedule for the Services; and (4) set forth the Consultant’s proposed revisions, if any, to the compensation of the Services; and b. City agrees that the Services require a Modification; c. City gives prior approval in writing to all adjustments, if any, to the completion schedule and compensation; and
d. The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the completion schedule or compensation for Consultant’s work.

Section 2. Compensation and Payment Schedule. The total cost of the Services described in Section 1 of this Agreement shall not exceed Thirteen Thousand Five Hundred Dollars ($13,500) and a 50/50 split of revenue over expenses. The payment schedule will be as follows:
1 st Payment due June 1, 2023 in the amount of $4,500, 2nd Payment due August 1, 2023 in the amount of $4,500 and final payment due October 20, 2023 in the amount of $4,500. Once the City Finance Department prepares the final revenue/expense report, any revenue exceeding expenses will be split 50/50 between the contractor and the City. This payment will be made no later than November 30, 2023.

Section 3. Late Payment. Parties agree that payment for the Services set forth in Section 2 of this Agreement that is more than ten (10) days late is subject to a late fee of one and half percent (1.5%) interest per amount due in a given thirty (30) day period.

Section 4. Term and Time for Completion. The term of this Agreement shall commence on the Effective Date and shall remain in effect for a period of one year or thirty (30) days after City affirms in writing that all required Services have been completed, whichever occurs first (the “Term”). The Parties may mutually agree in writing to terminate the Agreement earlier as provided in Section 13 or otherwise extend the Term pursuant to this Agreement.

Section 5. Time of Performance. Consultant warrants that it shall perform all Services for the benefit of the City in preparation of, during, and after the conclusion of the Festival. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Performance Agreement
City of Riverbank and SMA Entertainment

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Section 6. Independent Contractor. Consultant will employ, within the Festival Budget, as approved by the City, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents, and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City.

Section 7. Sub-Consultants. Parties agree that Consultant may employ sub-consultants for purposes of carrying out the Services for the Festival including but not limited to 1) a concessionaire, 2) a sponsorship consultant, 3) a consultant to create and manage the Festival’s website, 4) a consultant responsible for alcohol sales at the Festival Consultant shall be responsible for managing any sub-consultants, 5) Vendor Coordinator. Consultant shall not enter into any agreements with sub-consultants without first obtaining written approval from City related to payment for sub-consulting services. No subcontract shall be awarded or an outside consultant engaged by Consultant for any purpose not listed herein unless prior written approval is obtained from City.

Section 8. Compliance with Laws and Standards. Consultant agrees that it shall conduct its work and perform the Services in accordance with all applicable federal, state, and local laws, ordinances and regulations.

Section 9. Insurance. Consultant and City shall, at their sole expense, maintain in effect at all times during the duration of this Agreement, not less than the following coverage and limits of insurances:

9.1. Workers Compensation. Consultant shall carry such insurance as will protect City and Consultant from claims under Worker’s Compensation and Employers’ Liability Acts and the type and amount of such insurance shall be maintained in strict compliance with the State of California statutes. This insurance shall also waive all right to subrogation against City, its employees, directors, officers and agents.

9.2. General Liability. City shall obtain and keep in full force and effect general liability insurance including provisions for contractual liability, personal injury, independent consultants and broad form property damage coverages. This insurance shall be on a comprehensive occurrence basis form with a standard cross liability clause or endorsement. The limit for this insurance shall be no less than One Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and Two Million Dollars ($2,000,000.00) in the aggregate.

Such insurance shall also:
a. Name City and its officers, employees, agents and representatives, including Consultant, as additional insured by endorsement with respect to the performance of this Agreement. This coverage shall contain no special limitation on the scope of its protection afforded to the aforementioned additional insured.

Performance Agreement
City of Riverbank and SMA Entertainment

Page 4 of 9 ends

b. Be primary with respect to any insurance or self-insurance programs covering City and its officers, employees, agents and representatives. c. Contain standard separation of insured provisions.

9.3. Automobile Liability. Consultant shall maintain automobile liability insurance with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage.

9.4. Certificates of Insurance. Promptly upon execution of this Agreement and prior to commencement of any work, Consultant shall provide City with certificates of insurance evidencing that all insurance or endorsements required by this Agreement have been obtained and are in full force and effect. Approval of the insurance by City shall not relieve or decrease any liability of Consultant. In addition, in the event any change is made in the insurance carrier, policies or nature of coverage required under this Agreement, Consultant shall notify City in writing prior to making such changes. The failure to notify City of the cancellation of any insurance policy required herein shall be consider a material breach of this Agreement.

Such insurance shall include a provision for endorsement naming City, its officers, directors, employees and agents as additional insureds with respect to liability arising out of the performance of any work under this Agreement, and providing that such insurance is primary insurance with respect to the interest of City and that any other insurance maintained by City is in excess to and not contributing insurance with the insurance required in this Agreement. Consultant shall place all insurance required herein with insurers licensed to do business in the State of California, with an acceptable Best’s Key Rating Guide rating of at least A:VII.

Section 10. Indemnification and Hold Harmless. Consultant shall protect, indemnify, hold harmless and defend City, its directors, officers, employees and agents, from any and all claims, fines, demands, costs, expenses (including but not limited to attorney’s fees and costs of litigation or arbitration), liability, losses, penalties, causes of action, awards, suits or judgments for damages of any nature whatsoever (hereinafter collectively referred to as “Claims”) to the extent arising out of the breach of this Agreement in whole or in part by, or willful or fraudulent misconduct or negligent acts, errors or omissions by Consultant, its employees, agents or consultants, or the agent, employee or consultant of any one of them in the performance of their duties or in their operations under this Agreement, but not including the sole or active negligence or the willful misconduct of City.

Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release Consultant from its obligations to indemnify as to any Claims so long as the event upon which such Claims are predicated shall have occurred prior to the effective date of any such termination or completion and arose out of or was in any way connected with performance or operations under this Agreement by Consultant, its employees, agents or consultants, or the employee, agent or consultant of any one of them.

Performance Agreement
City of Riverbank and SMA Entertainment

Page 5 of 9 ends

Submission of insurance certificates or other proof of compliance with the insurance requirements in this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. The obligation of this indemnity article shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Section 11. Consequential Damages. In no event shall either of the Parties hereto be liable to the other for the payment of any consequential damages. However, the provisions of this section shall not restrict Consultant’s indemnification obligations pursuant to this Agreement.

Section 12. Liabilities. Consultant will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the City. Consultant will not be liable for any failure of performance that is caused by or the result of any act or omission by City or any entity other than Consultant that furnishes services, facilities or equipment used in connection with Consultant services or facilities.

Except as expressly provided in this Agreement, Consultant makes no expressed or implied representations or warranties, including any warranties regarding merchantability or fitness for a particular cause.

Section 13. Termination. This Agreement may be terminated by City or Consultant upon the failure of the other Party to perform any of the material provisions of this Agreement (“Breach”).

In the event a Breach of this Agreement occurs, the non-breaching Party shall provide the other written notice of the Breach. The Parties agree that this Agreement will terminate in the event the Breach is not remedied within ten (10) business days following written notice, or if remedy is not possible within 10 business days, or if the breaching Party has not taken meaningful steps within such time period to remedy the Breach.

Notwithstanding the termination of this Agreement in the event of a Breach, City may terminate this Agreement prior to the expiration of the Term (“Early Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement early (the “Early Termination Notice”). Upon receipt of any Early Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Early Termination Notice, for the Services actually (a) performed and (b) costs incurred, provided that such compensation amount shall not in any case exceed the maximum sum set forth in Section 2 of this Agreement. In the event of Early Termination, City shall pay the remainder of the amount of any outstanding invoice within thirty (30) days of receipt of a final invoice from Consultant.

Section 14. Agreement Renewal. City may renew this Agreement for an additional contract term of one (1) year by providing Consultant thirty (30) days’ written notice prior to the end of the Term of this Agreement.

Section 15. Attorney’s Fees. In the event that any arbitration, litigation or other action or proceeding of any nature between City and Consultant becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either Party of any of the terms contained herein, it is mutually agreed that the prevailing Party in such action shall be Performance Agreement
City of Riverbank and SMA Entertainment

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entitled to their attorney’s fees, costs and expenses incurred in connection with the prosecution or defense of such action or proceeding.

Section 16. Force Majeure. No Party shall have any liability to the other herein by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Section 17. Remedies Not Exclusive. The use by either Party of any remedy specified herein for the enforcement of this Agreement is not exclusive and shall not deprive the Party using such remedy of, or limit the application of any remedy provided by law.

Section 18. Notices. Any notice or communication required hereunder between City and Consultant 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 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
6707 Third Street
Riverbank, California 95367
Attention: Sue Fitzpatrick, Director of Parks and
Recreation
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, California 95367
Attention: City Manager
Performance Agreement
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And to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.

If to Consultant: SMA Entertainment
1615 Kyburz Ct.

Stockton, Ca. 95206
Attention: Stephen Alexander
Section 19. General Terms and Conditions.

19.1. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

19.2. Waiver. Any waiver at any time by either Party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this Agreement, shall not be deemed to be a waiver with respect to any other breach, default or matter.

19.3. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

19.4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

19.5. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.

19.6. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

19.7. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.

19.8. Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.

19.9. Audit. City shall access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.

19.10. Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties.

Performance Agreement
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19.11. Entire Agreement. This writing constitutes the entire agreement between the Parties relative to the services specified herein, and no modifications hereof shall be effective unless and until such modification is evidenced by a writing signed by both Parties to this Agreement. There are no understandings, agreements, conditions, representations, warranties or promises with respect to the subject matter of this Agreement except those contained in or referred to in this Agreement.

19.12. Headings Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

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

19.14. Term Includes Extensions. All references to the Term of this Agreement shall include any extensions of such Term.

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

19.16. 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 the 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 nor conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Consultant 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:

Performance Agreement
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Approved as to Form:

By:

Tom P. Hallinan, City Attorney
Attest:

By:

Gaby Hernandez, City Clerk
Consultant:

SMA Entertainment, Stephen Alexander
By:

Stephen Alexander
Date Signed:

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Exhibit B
Scope of Services
2023 Riverbank Cheese & Wine Festival
Consultant shall perform the work set forth as follows:
➢ Plan, Coordinate and implement all aspects of the 46
th Riverbank Cheese &
Wine Festival
➢ Use various forms of publicity including but not limited to social media, banners, news articles and radio announcements to increase awareness of the festival in a timely manner. Present a marketing plan to our city council when requested. ➢ Recruit, communicate effectively with, and handle set up and take down of all vendors. Provide a vendor map and adequate directions to vendors prior to the festival set up date.
➢ Seek Sponsorships and donations to increase sources of revenue for the event.

This includes Beer Sponsors, Wine, and Cheese donations. ➢ Arrange for all rental equipment such as golf carts, generators, portable restrooms, fencing, party rentals and all other equipment necessary for a successful event
➢ Arrange for all deliveries, set up, clean up and take down of all equipment. ➢ Set up all professional services, sub-contracts and labor necessary to implement the Festival. This includes but is not limited to a security company, electrician, sound/stages, Entertainment, DJ Services.
➢ Arrange for and monitor ticket sales for the Wine Tasting component of the Festival.
➢ Order Wine Glasses, recruit wineries, and schedule volunteers or labor needed to produce a well- organized, well supervised and successful wine and cheese tasting experience for attendees.
➢ Provide an opportunity for community involvement for our schools and non-profit organizations to participate in the Festival and where possible generate funds for their organizations.
➢ Ensure all ABC license requirements are met and monitored in all areas of the event.
➢ Work with City staff and obtain support and technical assistance as needed. Hold monthly meetings to update the Parks and Recreation Director and staff of Festival planning, challenges encountered and financial status both of revenue and expenses.
➢ Meet with Fire Department, Police Chief, and Security Personnel to review security requirements and Emergency Action Plan.
➢ Work closely with the City Parks Supervisor and Public Works Supervisor for street closure information, notifications, fire lanes, instructions and placement of fencing, concrete barriers and post Festival clean up.

ATTACHMENT 3

Page 2 of 2 ends

➢ Create a map of the Festival Boundary and present an update to the City Council on event planning status in a few months prior to the Festival. ➢ Communicate with businesses and residents well in advance and throughout the planning stages of the Festival and during the Festival. ➢ Hold at minimum two meetings with the downtown businesses to listen to their concerns regarding the Festival.

The City will provide the following Services:
➢ Assistance retaining current sponsorships.
➢ Information learned from operating the festival for the past years. ➢ Street Closure prior to event, and street clean up and re-opening. ➢ Assistance with maps, fire clearances, permits as needed. ➢ Mailing lists
➢ Administrator rights to the Cheese & Wine Website and Facebook ➢ Tent Donations from Gilton and in-kind services that they provide to the City ➢ Part time staff as needed for custodial at the Community Center and festival as needed.

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Item 9.5 - CC / LRA 03/14/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: March 14, 2023
Subject/ Title: A Resolution Authorizing the Mayor to Execute a Lease with SMA Entertainment for the Area Associated with the Riverbank Cheese and Wine Festival
From: Marisela H. Garcia, City Manager
Submitted by: Sue Fitzpatrick, Director of Parks and Recreation

RECOMMENDATION
Motion to adopt Resolution 2023-XXX authorizing the Mayor to enter into a lease agreement with SMA Entertainment for the area associated with the Cheese and Wine Festival to be held on October 14, and October 15, 2023.

SUMMARY
The City of Riverbank (“City”) plans to hold the 46th Annual Cheese and Wine Festival (“Festival”) on October 14, and 15, 2023. Earlier this evening, the City Council authorized staff to enter into an agreement with SMA Entertainment to provide event coordination for the festival. In furtherance of the agreement with SMA Entertainment, City staff proposes that the City enter into a lease agreement with SMA Entertainment to temporarily lease the property upon which the festival will be held on October 14, 2023 and October 15, 2023.

The resolution, if adopted, will authorize the Mayor to execute a lease agreement with SMA Entertainment.

BACKGROUND
The city has organized the festival for a number of years and will be contracting with SMA Entertainment. The increased interest requires that SMA Entertainment and the City have more flexibility in managing the area and streets where the festival will be held. The lease agreement does not charge rent to SMA Entertainment for the two-day lease but instead

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Item 9.5 - CC / LRA 03/14/2023
provides the City and SMA Entertainment with safeguards in the form of insurance requirements and other provisions for providing a Festival that serves the residents of the City and the greater community at large who may wish to attend the festival. This will ensure that the Festival continues to be a successful and enjoyable activity that brings City residents and visitors from near and far to City events.

FINANCIAL IMPACT
There is no direct cost to the City in entering into the lease agreement. The City will be entering into a separate agreement with SMA Entertainment for services.

ATTACHMENT

1. Resolution 2023-

2. Lease Agreement

3. Boundary Maps

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CC/LRA – 03/14/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT

WITH SMA ENTERTAINMENT FOR THE RIVERBANK CHEESE AND WINE

FESTIVAL

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

WHEREAS, the City has entered into a contract with SMA Entertainment to provide event coordination for the 2023 annual Cheese and Wine Festival; and WHEREAS, on March 14, 2023, the Riverbank City Council approved an agreement with SMA Entertainment to coordinate the 2023 Cheese & Wine Festival; and WHEREAS, in furtherance of the partnership between the City of Riverbank and SMA Entertainment, the City desires to temporarily lease City-controlled property to SMA Entertainment, for the Cheese and Wine Festival time period of October 14, 2023 through October 15, 2022; and
WHEREAS, pursuant to Government Code Sections 37380(a) and 40602(b) the City may lease property it owns or controls through an agreement signed by the Mayor.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the Mayor of the City to execute an agreement, hereto as Exhibit A, with SMA Entertainment to lease the property upon which the Cheese and Wine Festival is held for the time period of October 14, 2023, through October 15, 2023.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14
th day of March, 2023; motioned by Councilmember __________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ ___________________________
Gaby Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Exhibit A - Lease Agreement with SMA Entertainment ATTACHMENT 1

LEASE AGREEMENT
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EXHIBIT C

TEMPORARY LEASE AGREEMENT
THIS TEMPORARY LEASE AGREEMENT (the “Lease”) is made and entered into on this 14
th day of March 2023, by the City of Riverbank, a California municipal corporation (the “City”), and SMA Entertainment (the “Lessee”). City and Lessee shall be referred to herein individually as “Party” and collectively as the “Parties”. There are no other parties to this Lease.

RECITALS
A. City desires to lease to Lessee certain real property, including any and all improvements, in the City of Riverbank, County of Stanislaus, State of California that will be used in conjunction with the services Lessee has agreed to provide for the Riverbank Cheese and Wine Festival, the scope of which is described in the Performance Agreement the City and Lessee entered into on March 14, 2023 and is attached hereto as Exhibit A (the “Property”); and B. City, as a municipal corporation, may lease property it owns or controls pursuant to Government Code section 37380(a); and
C. Lessee desires to lease the Property from the City for uses related to the Riverbank Cheese and Wine Festival; and
D. This Lease does not involve a public project as defined in Public Contract Code section 20161, and does not require bidding pursuant to Public Contract Code section 20162.

NOW, THEREFORE, with reference to these recitals and on the terms and conditions contained in this Lease, City agrees to lease the Property to Lessee on the following terms and conditions:

AGREEMENT
Section 1. Recitals. The recitals above are true and correct and are hereby incorporated into and made part of this Lease by this reference. In the event of any inconsistency between the recitals and Sections 1 through 20 of this Lease, Sections 1 through 20 shall prevail.

Section 2. Effective Date. This Lease and all of its provisions shall become effective once it is executed by all of the Parties (the “Effective Date”).

Section 3. Term of Lease. The term of this Lease shall be for a period of two (2) days (“Term”) commencing at 6:00 a.m. October 14, 2023 and expiring 11:59 p.m. October 15, 2023 (“Expiration Date”). Either Party may terminate this Lease prior to the Expiration Date by providing the other Party written notice of the intent to terminate at least thirty (30) calendar days in advance of any early termination date.

Section 4. Condition of the Property. Lessee acknowledges and agrees that the Property is to be leased to Lessee in an “as is” condition with all faults. City does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property, its ATTACHMENT 2

LEASE AGREEMENT
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suitability for Lessee’s Intended Use (as defined below) or use of the Property or any such related matters. Lessee agrees with and represents to City, that the Property has been inspected by it and that the Lessee has been assured by means independent of City or City’s agents of the truth of all facts material to this Lease and that the Property is being leased by Lessee as a result of its inspection and investigation and not of a result of any representations made by City and City’s agents.

Section 5. Permitted Uses of the Property. Lessee shall use the Property for activities related to the annual Riverbank Cheese and Wine Festival as detailed in Exhibit A (the “Intended Use”). Lessee shall only use the Property for the purposes provided herein or uses that are incidental, supporting and compatible with the uses provided herein.

Section 6. Changes in Permitted Uses. If Lessee desires to change the use of the Property to another use or uses, or add another use, such change in use shall require the prior written approval of the City.

Section 7. Compliance with Laws. Lessee shall promptly comply with all laws and with the requirements of any governmental authority having jurisdiction over Property, including but not limited to: the federal government, the state of California, the County of Stanislaus, all ordinances of the City, and all rules and regulations of the police and fire departments or other municipal authorities of the County of Stanislaus or the City that have authority over the premises. Lessee’s compliance may include the obligation to make improvements, repairs, and alterations on the Property whether such compliance was foreseen or unforeseen. Lessee shall immediately furnish City with a copy of any notices received from any governmental agency, financial institution, insurance company, or inspection bureau pertaining to or in connection with the Premises.

Section 8. City’s Access to Property. City or City’s agents, representatives or employees retain the right to enter the Property at all reasonable times to determine whether Lessee is complying with the terms of this Lease, to perform any other obligation of Lessee after Lessee’s failure to perform same, if Lessee defaults under this Lease, and for the purpose of doing other lawful acts that may be necessary to protect the City’s interest in Property. City shall be permitted to enter on the Property, as may reasonably be necessary, in order to make improvements or do other work, or to make improvements, repairs, or maintenance to adjacent property owned by City.

Nothing in this section shall imply any duty on the part of the City to make any inspection or take any action related to the Property.

Section 9. Assignment and Subleasing. Lessee shall not assign, transfer or encumber this Lease or any interest herein without the prior written consent of City. Lessee shall not sublease all or any part of the Property or allow any persons other than Lessee’s agents, subcontractors or employees to use all or part of the Property without the prior written consent of City. City’s consent to one assignment, sublease, occupations, or use by another person shall not be deemed to be a consent to any subsequent assignment, sublease or occupation or use by any other person.

Any assignment or sublease without the prior written consent of City shall be void. City shall have the right to assign or transfer all or any part of this Lease or any rights to it at any time without Lessee’s consent.

LEASE AGREEMENT
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Section 10. Insurance Coverage. Lessee, and any and all of Lessee’s subcontractors, shall at all times during the Lease Term maintain and keep in force insurance coverage with an insurer approved by City which will adequately protect City against liability and property damages upon the Property. The minimum coverage required by this section shall be liability insurance for two million dollars ($2,000,000.00) per injury or occurrence. Proof of the insurance coverage obtained by Lessee shall be given to City at least thirty (30) calendar days before the Lease Term commences in the form of a Certificate of Liability issued by the insurer.

Such insurance shall also:

A. Name City and its officers, employees, agents and representatives, as additional insured by endorsement with respect to the performance of this Lease. This coverage shall contain no special limitation on the scope of its protection afforded to the aforementioned additional insured.

B. Be primary with respect to any insurance or self-insurance programs covering City and its officers, employees, agents, and representatives.

C. Contain standard separation of insured provisions.

Section 11. Indemnification of City. Lessee shall indemnify, hold harmless and defend City and City’s officials, employees, agents, representatives and contractors from all liability associated with the Property or Lessee’s operations, business, conduct, or management of the Property, or any act, omission, or negligence of Lessee or any other Lessee’s representatives, subcontractors or invitees, pertaining to this Lease and the use of the Property contemplated herein. This indemnification shall extend and protect City against any liability, claim, suit, action or other proceeding for damage of any kind relating to the Property, directly or indirectly, allegedly suffered, incurred, or threatened including: personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was foreseeable by City or Lessee prior to execution of this Lease.

Section 12. Termination of Lease and Remedies. In the event of any default by Lessee, in addition to any and all other rights and remedies available to City at law or in equity, City shall have the right to immediately terminate this Lease and all rights of Lessee hereunder by giving written notice to Lessee of such election by City, in the manner provided in Section 17 of this Lease. If City shall elect to terminate this Lease, then it may recover any amount permitted under California law.

Section 13. Remedies Cumulative. All rights and remedies under this Lease shall be nonexclusive of and in addition to any other remedy available at law or in equity.

Section 14. Destruction of Premises. In the event that the Lessee causes or allows the total or partial destruction of the Property, the Lessee, at its sole expense, shall repair, reconstruct or cause to repair or reconstruct any damaged property or structure of the City.

LEASE AGREEMENT
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Section 15. Surrender of Property. Lessee agrees that, on expiration of the Lease Term, the Property and all attachments, fixtures and improvements thereon, shall be surrendered to City in good order, condition, and repair.

Section 16. Expenses of Enforcement. Should any legal action or proceeding be necessary to enforce or interpret this Lease, the prevailing Party shall be entitled to reasonable costs of enforcement or interpretation, including but not limited to, attorney fees, costs, disbursements, and collection costs in addition to other relief to which such Party is entitled.

Section 17. Notice. Any notice or communication required hereunder between City and Lessee must be in writing, and may be given either personally, by email, 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 email, a notice or communication shall be deemed to have been given and received upon the email timestamp of the receiving party. Notice transmitted by email after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to be 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
6707 Third Street
Riverbank, California 95367
Attention: Sue Fitzpatrick, Director of Parks and Recreation With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, California 95367
Attention: City Manager
And to: Brenner White
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.

LEASE AGREEMENT
City of Riverbank and SMA Entertainment

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If to Lessee: SMA Entertainment
1615 Kyburz Ct.

Stockton, Ca. 95206
Any Party may change their address for the purposes of this section by giving written notice of the change to the other Parties in the manner provided in this section.

Section 18. Omitted
Section 19. Amendments to Lease. This Lease may be supplemented, amended, or modified only by the mutual written consent of the Parties. No supplement, amendment, or modification of this Lease will be binding unless it is in writing and signed by all of the Parties. No provisions in either Party’s correspondence or other business forms used by either Party will supersede or add to the terms and conditions of this Lease.

Section 20. General Provisions.

A. Time of Essence. Time is of the essence for this Lease and each provision contained within is made and declared to be a material, necessary and essential part of this Lease.

B. Partial Invalidity. If a court or an arbitrator of competent jurisdiction holds any provision of this Lease to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Lease would be defeated by the loss of the illegal, unenforceable, or invalid provision.

C. Ambiguities. Each Party has participated fully in the review and execution of this Lease. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Lease.

D. Headings Not Controlling. The headings in this Lease are included for convenience only and neither affect the construction or interpretation of any provision in this Lease nor affect any of the rights or obligations of the Parties to this Lease.

E. 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 Lease.

F. Governing Law. This Lease shall be governed and construed in accordance with the laws of the State of California.

G. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus in the State of California.

H. 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

LEASE AGREEMENT
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preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance by City of any performance by Lessee after the time the same was due shall not constitute a waiver by City of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by City in writing.

I. Counterparts. This Lease may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.

J. Entire Agreement. This Lease sets forth the entire understanding between the Parties as to the subject matter of this Lease and merges all prior discussion, negotiations, proposal letters or other promises, whether oral or in writing.

IN WITNESS WHEREOF, City and Lessee have duly executed this Lease, with the intention of being bound by it as of the Effective Date set forth above.

CITY:

City of Riverbank, a municipal corporation of
the State of California
By:___________________________________
Richard D. O’Brien, Mayor
Approved as to Form:

By:___________________________________
Tom P. Hallinan, City Attorney
Attest:

By:___________________________________
Gaby Hernandez, City Clerk
LESSEE:

SMA Entertainment
1615 Kyburz Ct.

Stockton, Ca. 95206
By:___________________________________
Stephen Alexander, Consultant
Date: ____________________________

EXHIBIT A

PERFORMANCE AGREEMENT
Performance Agreement
City of Riverbank and SMA Entertainment

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City and Consultant may each be referred to hereinafter separately as “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
This Agreement is being entered into with reference to the following facts:

B. On March 14, 2023, the Riverbank City Council (“City Council”) accepted the proposal submitted by S&M Entertainment for the operation of the Cheese & Wine Festival for 2023.

C. Consultant, SMA Entertainment desires to perform the scope of services included in its proposal for the 2023 Cheese & Wine Festival on the terms and conditions set forth below.

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. Description of Work.

1.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services. If such Modifications cause an increase in the cost or time required for performance of Consultant’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Consultant and, if necessary, amend the terms of Exhibit B. The Services, completion schedule, or compensation shall not be revised unless City and Consultant mutually agree to a written amendment to this Agreement Performance Agreement
City of Riverbank and SMA Entertainment

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reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

Performance Agreement
City of Riverbank and SMA Entertainment

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Section 6. Independent Contractor. Consultant will employ, within the Festival Budget, as approved by the City, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City.