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
REVISED AGENDA
MEETING LOCATION: COUNCIL CHAMBERS, 6707 THIRD STREET, SUITE A, RIVERBANK CA 95367 TUESDAY, AUGUST 22, 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 Presentation from SMA Entertainment on the Marketing Plan for the 2023 Cheese & Wine Festival- It is recommended that the City Council review the marketing plan that will be presented by SMA Entertainment for the 2023 Cheese & Wine Festival.
Item 7.2 Presentation by Dave White, Chief Executive Officer for Opportunity Stanislaus- It is recommended that the City Council receive a presentation from Dave White, Chief Executive Officer of Opportunity Stanislaus regarding the resources and assistance they have provided to the City of Riverbank and its businesses.
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.
101 Years
Anniversary
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third Street,
Suite A
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 August 22, 2023 Next City Council Resolution: 2023-093 Next Ordinance: 2023-005 Next Local Redevelopment Authority Board Resolution 2023-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. 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 July 25, 2023.
Item 9.3 Authorization for Out of State Travel Request to have Finance Staff Attend the Caselle Annual Conference in Salt Lake City, UT.
Item 9.4 Authorization for Out of State Travel Request to have Finance Staff Attend the Itron Conference in San Antonio, Texas.
Item 9.5 Resolution to Approve Final Map 02-2022 Countryside III – APN: 062-022-020.
Item 9.6 Resolution to Approve Final Map 01-2023 for BDC Riverbank II L.P. in the Crossroads West Specific Plan – APN: 074-140-007.
Item 9.7 Resolution approving the City Manager to enter into a Cost Sharing Agreement between the City of Riverbank and the County of Stanislaus for the construction of the Claribel Road Overlay Project.
10. PUBLIC HEARING
The Public Notice for Item 10.1 was published on August 9, 2023 in the Riverbank News.
Item 10.1 A Resolution to Adopt the 2023-2024 schedule of Park Amenity Rentals, Recreation Programs, and Facility Rental Fees for the City of Riverbank - It is recommended that the City Council consider adopting a Resolution to approve the 2022-2023 fees for Park Amenity Rentals, Recreation Programs, and Facility Rentals. The recommended fee increases, and new classes/programs offered with associated fees are highlighted in Exhibit A.
11. NEW BUSINESS
Item 11.1 Resolution to Approve the McRoy Wilbur Communities Deferral of System Development Fees for the River Terrace Subdivision- It is recommended that the City Council consider adopting a Resolution approving the deferral of the McRoy-Wilbur Communities System Development Fees assessed on the construction of dwelling units in the River Terrace subdivision from building permit issuance to final inspection.
City Council and LRA Board Meetings Agenda August 22, 2023 Next City Council Resolution: 2023-093 Next Ordinance: 2023-005 Next Local Redevelopment Authority Board Resolution 2023-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 5
Item 11.2 Consideration of the Options for the Appointment of a Riverbank Representative to the Stanislaus Consolidated Fire Protection District Board (SCFPD): 1) Adopt a Resolution to Reappoint Mr. Charles E.
Neal for a Four-Year Term, 2) Adopt a Resolution to Reappoint Mr.
Charles E. Neal for Less than a Four-Year Term; or 3) Open a Recruitment to Select a Representative for a Term Beginning January 1, 2024 - It is recommended that City Council evaluate and discuss the options for the appointment of a Riverbank Representative to the Stanislaus Consolidated Fire Protection District. (SCFPD). Should the City Council decide to re-appoint the existing representative, Council should consider approval of a Resolution to appoint Mr. Charles E. Neal to a new term.
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 PUBLIC EMPLOYMENT
(Pursuant to Gov. Code § 54957)
Title: Chief of Police
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Cari McCormick -Aiman-Smith & Marcy
Agency Claimed Against: City of Riverbank
Item 13.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 6436 Oakdale Road, Riverbank (APN 075-026-040) Agency Negotiator: City Manager Marisela H. Garcia
Property Negotiator: High, Price & Leffler Associates
Under Negotiation: Price, terms of payment, or both.
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1
PUBLIC EMPLOYMENT
(Pursuant to Gov. Code § 54957)
Title: Chief of Police
City Council and LRA Board Meetings Agenda August 22, 2023 Next City Council Resolution: 2023-093 Next Ordinance: 2023-005 Next Local Redevelopment Authority Board Resolution 2023-003 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 4 of 5
Item 14.2 Report from Closed Session Item 13.2
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Cari McCormick -Aiman-Smith & Marcy
Agency Claimed Against: City of Riverbank
Item 14.3 Report from Closed Session Item 13.3
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54956.8)
Property: 6436 Oakdale Road, Riverbank (APN 075-026-040) Agency Negotiator: City Manager Marisela H. Garcia
Property Negotiator: High, Price & Leffler Associates
Under Negotiation: Price, terms of payment, or both.
15. ADJOURNMENT
• The Next Regular City Council Meeting will be on Tuesday, September 12, 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 17th Day of August, 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/82304094391 Join by accessing website: https://zoom.us/join , enter Webinar ID: 823 0409 4391 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 823 0409 4391 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