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 5
AGEND
TUESDAY, MAY 23, 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)
Item 7.1 Proclamation-National Public Works Week- It is recommended that the City Council read and present the Proclamation for National Public Works Week to the City of Riverbank Public Works Department for their service to our community.
Item 7.2 Presentation- The Homeless 2023 Point in Time (PIT) Count Results - It is recommended that the City Council receive a presentation from Ronald Reid, Sr. Program Manager and Lynnell Fuller, HMIS Administrator both from the Stanislaus County Community Services Agency, Housing and Homeless Services Division; they will be presenting the results of the 2023 PIT Count.
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.
PLEASE SPEAK DIRECTLY INTO THE MICROPHONE.
Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.
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 May 23, 2023 Next City Council Resolution: 2023-043 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 5
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 May 9, 2023.
Item 9.3 Resolution to Authorize the City Manager to Enter into a Professional Services Agreement for Environmental Analysis Services with BaseCamp Environmental, Inc.
Item 9.4 Second Reading by Title Only and Introduction of Proposed Ordinance Adding Chapter 150.080 Through 150.100, Entitled Vacant Buildings to Chapter 150, Building Regulations, to Title XV, Land Usage, of the Riverbank Code of Ordinances.
Item 9.5 Adopt Three (3) Resolutions for Each of the Following Landscape and Lighting Districts to: 1) Initiate Proceedings for the Annual Levy of Assessments; 2) Declare Its Intention to Levy Annual Assessments; and 3) For Preliminary Approval of the Annual Levy Report for Fiscal Year 2023/2024. The Landscape and Lighting Districts are:
9.5-A: Consolidated Landscaping and Lighting District
9.5-B: Ridgewood Place Landscaping and Lighting District
9.5-C: River Cove Landscaping and Lighting District
9.5-D: Sierra Vista Estates Landscaping and Lighting District
9.5-E: Crossroads Landscaping and Lighting District
Item 9.6 Adopt a Resolution for Each of the following Storm Drain Maintenance Districts Declaring its Intention to Levy and Collect Annual Assessments for Fiscal Year 2023/2024. The Storm Drain Maintenance Districts are:
9.6-A: Riverbank Storm Drain Maintenance District No.2006-01 (Heartlands)
9.6-B: Riverbank Storm Drain Maintenance District No.05-01 (Sterling Ridge) Item 9.7 Resolution Authorizing an Amendment to the Agreement between the City of Riverbank and the Riverbank Unified School District for School Resource Officer Services and Authorizing the City Manager to Finalize and Execute said Agreement.
City Council and LRA Board Meetings Agenda May 23, 2023 Next City Council Resolution: 2023-043 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 5
10. PUBLIC HEARING- No Items Scheduled
11. NEW BUSINESS- No Items Scheduled.
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
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– Anticipated Litigation Significant Exposure to Litigation, (Pursuant to Gov. Code § 54956.9(d)) Number of Potential Cases: 1
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Robert Tapia
Agency Claimed Against: City of Riverbank
Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 062-031-005 (Parcels 1 and 1A)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Aemetis, Inc.
Under Negotiation: Price, terms of payment, or both
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session 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
Item 14.2 Report from Closed Session Item 13.2
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Robert Tapia
Agency Claimed Against: City of Riverbank
City Council and LRA Board Meetings Agenda May 23, 2023 Next City Council Resolution: 2023-043 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 4 of 5
Item 14.3 Report from Closed Session Item 13.3
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 062-031-005 (Parcels 1 and 1A)
Agency Negotiator: Marisela H. Garcia, City Manager
Property Negotiator: Aemetis, Inc.
Under Negotiation: Price, terms of payment, or both
15. ADJOURNMENT
• The next regular City Council Meeting will be on June 13th, 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 18th Day of May, 2023
/s/Gabriela Hernandez, City Clerk
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/86561873093 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 865 6187 3093 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 865 6187 3093 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