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
AMENDED AGENDA
(ADDED ITEM 13.3)
TUESDAY, OCTOBER 10, 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 Lights on After School- Proclamation – October 20, 2023- It is recommended that the City Council present the Proclamation for Lights on Afterschool to Dr. Constantino Aguilar, Superintendent of Riverbank Unified School District.
Item 7.2 Proclamation – Code Enforcement Officer Appreciation Week- It is recommended that City Council present a proclamation for Code Enforcement Officer Appreciation week to Senior Neighborhood Improvement Officer, Michele Garcia and Neighborhood Improvement Officer II, Patrick McCulloch.
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 Street,
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 October 10, 2023 Next City Council Resolution: 2023-106 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 4
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 September 26, 2023.
Item 9.3 Resolution approving the Mayor and City Manager to Execute the Landscape Maintenance Agreement between the City of Riverbank and the State of California Department of Transportation for the Street Improvements in front of Dutch Bros. Coffee
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 PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Director of Parks & Recreation
Item 13.2 PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Planning and Building Manager and/or Director of Community Development
Item 13.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
City Council and LRA Board Meetings Agenda October 10, 2023 Next City Council Resolution: 2023-106 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 4
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1
PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Director of Parks & Recreation
Item 14.2 Report from Closed Session Item 13.2
PUBLIC EMPLOYMENT
(Pursuant to Government Code § 54957)
Title: Planning and Building Manager and/or Director of Community Development
Item 14.3 Report from Closed Session Item 13.3
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
15. ADJOURNMENT
The Next Regular City Council Meeting will be on:
Tuesday, October 24th, 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 6th Day of October, 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/88251444734 Join by accessing website: https://zoom.us/join , enter Webinar ID: 882 5144 4734 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 882 5144 4734 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
Item 7.1– CC/LRA 10/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT
AUTHORITY AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: October 10, 2023
Subject: Proclamation – Lights on Afterschool – October 20, 2023 From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk
RECOMMENDATION
It is recommended that the City Council present the Proclamation for Lights on Afterschool to Dr. Constantino Aguilar, Superintendent of Riverbank Unified School District.
SUMMARY
Afterschool programs offer many extracurricular opportunities for student enrichment including science, arts, physical activity, and community service. In addition, afterschool programs provide a safe and nurturing environment for students to remain in, while awaiting parents or caregivers to come pick them up at the end of the day. In the month of October, communities nationwide observe Lights On Afterschool to acknowledge the importance of afterschool programs for students. On Friday, October 20 th, 2023,
Riverbank Project A.C.T.I.O.N. Afterschool Care Together in Our Neighborhoods will be participating in the 24th Annual Lights on Afterschool event. This a free event for the Riverbank Community and will be held at California Avenue Elementary School, 3800 California Avenue, from 3:00– 5:30 p.m.
FINANCIAL IMPACT
There is no financial impact with the report.
ATTACHMENT
1. Proclamation
2. Flyer
WHEREAS, Lights on Afterschool is a national celebration of Afterschool Programs and promotes the importance of quality Afterschool Programs in the lives of children, families, and communities; and
WHEREAS, Afterschool Programs provide safe, challenging, engaging, and enriching learning experiences to help children and youth develop their social, emotional, physical, cultural, and academic skills; and WHEREAS, Afterschool Programs support working families by ensuring children are safe and productive after the regular school day ends; and WHEREAS, such programs help build stronger communities by involving students, parents, schools, business leaders, and adult volunteers in the lives of young people, thereby promoting positive relationships among youth, families, and adults; and
WHEREAS, Riverbank Unified School District, Project ACTION, Afterschool Care Together In Our Neighborhoods, is recognized in our schools and community as a fundamental Afterschool Program dedicated to providing extracurricular academic and recreational opportunities for student enrichment in a safe and nurturing environment so students may become diverse individuals.
NOW, THEREFORE, LET IT BE PROCLAIMED by the City Council of the City of Riverbank that Friday, October 20, 2023, is “Lights on Afterschool” within the City of Riverbank.
October 10,2023
________________________
Richard D. O’Brien, Mayor
CITY OF RIVERBANK
Proclamation
LIGHTS ON AFTERSCHOOL
Riverbank City Council:
District 1 – Luis Uribe, District 3 – Leanne Jones Cruz, District 4 – Darlene Barber-Martinez, District 2 – Vice Mayor Rachel Hernandez, Mayor Richard D. O’Brien ATTACHMENT 1
FOR MORE INFORMATION CALL
CASA DEL RIO, FRC 209-869-0468
Educational & Holiday Activities
Food, Music, & Entertainment
LIGHTS ON
AFTER SCHOOL CELEBRATION
FRIDAY, OCTOBER 20, 2023
3:00 - 5:30 P.M.
RIVERBANK UNIFIED SCHOOL DISTRICT &
PROJECT ACTION EXPANDED LEARNING PRESENT
The Lights On event is a National Annual event for families to celebrate their local After School Programs. Prepare for an afternoon filled with fun, games, music and excitement.
Join us while we bring together all of our After School Programs to celebrate Riverbank Unified’s Lights On event.
Fun-Filled Games & Face Painting
Resource Booths & Giveaways
CALIFORNIA AVENUE ELEMENTARY
3800 CALIFORNIA AVE. RIVERBANK, CA 95367
ATTACHMENT 2
Item 7.2– CC/LRA 10/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATION
Meeting Date: October 10, 2023
Subject: Presentation on Code Enforcement Officer Appreciation Week From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager
RECOMMENDATION
It is recommended that the City Council present a proclamation for Code Enforcement Officer Appreciation week to Senior Neighborhood Improvement Officer, Michele Garcia and Neighborhood Improvement Officer II, Patrick McCulloch.
SUMMARY:
The State of California has proclaimed the second week of October as Code Enforcement Officer Appreciation Week. Code Enforcement Officers, or Neighborhood Improvement Officers as they are known in Riverbank, provide for the safety, health, and welfare of citizens through the enforcement of local, state, and federal laws and ordinances dealing with the various issues of building, zoning, housing, animal control, environmental, health, and life safety. In the City of Riverbank, they work on a complaint-only basis.
We take this opportunity to thank our Neighborhood Improvement Officers, Michele Garcia and Patrick McCulloch, for their service to our community.
FINANCIAL IMPACT:
None
ATTACHMENT:
1. Proclamation
CITY OF RIVERBANK
Proclamation
NATIONAL CODE ENFORCEMENT OFFICER
APPRECIATION WEEK
WHEREAS, the State of California has proclaimed the 2nd week of October as Code Enforcement Officer Appreciation Week; and
WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of Riverbank citizens through the enforcement of local, state, and federal laws and ordinances dealing with various issues of building, zoning, housing, animal control, environmental, health, and life safety; and
WHEREAS, Code Enforcement Officers have challenging and demanding roles and often do not receive recognition for the job they do in improving the quality of life for residents and businesses of local communities; and
WHEREAS, the role of many Code Enforcement Officers has expanded in recent years with jurisdictions increasingly relying on the expertise and training of Code Enforcement Officers in their communities; and
WHEREAS, Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws; and
WHEREAS, Code Enforcement Officers often have a highly visible role in Riverbank and regularly interact with the public and a variety of federal, state, county, and local officials in their capacity as code enforcement officers; and
WHEREAS, The City of Riverbank wants to recognize and honor the Code Enforcement Officers that serve our community and acknowledge their role in leading the way to improve quality of life within our community.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Riverbank hereby proclaims the second week of October in 2023, and annually thereafter, be known as Code Enforcement Officer Appreciation Week in the City of Riverbank; and BE IT FURTHER RESOLVED, that the City Council calls upon Riverbank residents to join in recognizing and expressing their appreciation for the dedication and service by the Neighborhood Improvement Officers who serve as our Code Enforcement Officers.
October 10, 2023 _____________________________
Richard D. O’Brien, Mayor
Riverbank City Council:
District 1 – Luis Uribe, District 3 – Leanne Jones Cruz, District 4 – Darlene Barber-Martinez, District 2 – Vice Mayor Rachel Hernandez, Mayor Richard D. O’Brien ATTACHMENT 1
Item 9.1 – CC/LRA 10/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: October 10, 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.
Item 9.2 – CC/LRA 10/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: October 10, 2023
Subject: Approval of the September 26, 2023 City Council and Local Redevelopment Authority Board Minutes.
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of September 26, 2023 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 September 26, 2023 City Council and Local Redevelopment Authority Board Minutes.
CC / LRA Minutes – 09/26/2023
MINUTES
TUESDAY, SEPTEMBER 26, 2023 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair O’Brien called the meeting to order at 6:00P.M.
2. FLAG SALUTE –Mayor / Chair O’Brien led the pledge of allegiance.
3. INVOCATION – Reverend Randy Richardson provided the invocation.
4. ROLL CALL – City Clerk Hernandez conducted Roll Call.
Members of the City Council / Local Redevelopment Authority Board present:
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 District 2 Rachel Hernandez
Mayor / Chair Richard D. O’Brien
5. AGENDA CHANGES
No 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.
None Declared.
7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation Hispanic Heritage Month September 15th to October 15th, 2023- It is recommended that the City Council present the Proclamation for Hispanic Heritage Month from September 15th to October 15th, 2023, to Mrs.
Nancy Garcia.
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 OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St
Suite B
Riverbank, CA 95367
CC / LRA Minutes – 09/26/2023
Mayor O’Brien presented the Proclamation and flowers to Mrs. Nancy Garcia celebrating Hispanic Heritage Month.
Jacob Faulder, Representative with the office of Senator Marie Alvarado-Gil presented a proclamation to Mrs. Nancy Garcia.
Item 7.2 Proclamation – Walk and Roll to School Day – October 4, 2023- It is recommended that the City Council read and present a Proclamation for Walk and Roll to School Day to Armando Nunez, Program/Grant Manager for CASA Del Rio Family Resource Center.
Mayor O’Brien presented the Proclamation for Walk and Roll to School Day to Armando Nuñez, Program Manager for Casa del Rio.
Jacob Faulder, Representative with the office of Senator Marie Alvarado-Gil presented a proclamation to Mr. Armando Nunez.
Item 7.3 Strategic Plan Update- It is recommended that the City Council receive a presentation on the status of the Strategic Plan.
City Manager Garcia gave a PowerPoint presentation and update on the Strategic Plan Progress to date.
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.
Mayor O’Brien Opened Public Comment at 6:34 P.M.
Jamie Aggers, Modesto Resident commented on “can you explain why you've had implementing river Walk as a goal in your strategic plan? I believe, since 2019, the prior version of the strategic plan before the public even knew that there was a River Walk plan. Why was that included as a goal in your strategic plan before the environmental impact report has come out, and before it has even come before council.” Jacob Faulder, Representative with the office of Senator Marie Alvarado-Gil gave a legislative update.
Randy Richardson, Riverbank Resident commented “At our last meeting my respect for all of you went to a whole other level. I know that in leadership one of the things that we have to do is be able to distinguish between what is personal and what is because of the position that we fulfilled. And you guys demonstrated that in a very, very professional way, last meeting. And I just want to honor you and thank you for that.”
CC / LRA Minutes – 09/26/2023
There being no further public comments, Mayor O’Brien closed the Public Comment period 6:38 P.M.
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 9.1 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 September 12, 2023.
Item 9.3 Resolution 2023-104 to Award Bid for the 7th Street Outfall Project to Dirt Dynasty, Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $380,951.00 from American Rescue Plan Act Funds.
Item 9.4 Resolution 2023-105 Authorizing a Budget Amendment of $32,693.00 to the American Rescue Plan Act Funds for the Riverbank Museum ADA Path and Ramp Project
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 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- No items Scheduled.
11. NEW BUSINESS
Item 11.1 Permanent Local Housing Allocation (PLHA) Formula Allocation Plan Discussion- It is recommended that the City Council receive a presentation regarding the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan adopted in July 2020, and subsequently amended in December 2021, and provide feedback to staff on possible amendments as a result of the refund of grant funds from the River Terrace (formally Ward Villas) Project.
CC / LRA Minutes – 09/26/2023
City Manager Garcia, gave a comprehensive staff report and PowerPoint presentation on the Permanent Local Housing Allocation (PLHA) Formula Allocation Plan City Council discussed the item with staff.
Cary Pope, original developer of Ward Villas now River Terrace “we worked very hard to try and keep that an affordable project, and it just. It's been difficult at best, because of cost overruns and cost increases and interest rates. but I do think that you know, since these funds were allocated for that project, I'm here to advocate that they remain there, and maybe not in in their entirety. But I think that the down payment assistance program is important. The fact of the matter is that the city does have a down payment assistance program. but because no fault of the city or anybody here but the rules associated with that with obtaining those funds that they're impossible, and I don't think that there's been one loan made. This is an opportunity for us to help the working families. These are people that can go out and get a mortgage. but they, just because of the cost of living and inflation, have not been able to, to, you know, accumulate a down payment. This would allow them to do that. The difference is that the mortgage lenders allow it, doing it this way, and they would not allow it doing it the 14 other ways that we had proposed before.
This project is ready to go. It would be based as a loan, so it would not be just put out to another project and be gone. Eventually those funds will end up coming back.” There being no further public comments, Mayor O’Brien brought the item back to the City Council.
DIRECTION: Guidance was provided to staff.
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 reported on the following:
• Nothing to Report
Item 12.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• Attended the California League of Cities Conference last week. It was a good use of our time, and had some very good information and some chances to network with other folks that are in the same business as we are.
Councilmember Uribe reported on the following:
• Thank you to superintendent, Dr. Constantino Aguilar, who was able to achieve a partnership between the Riverbank Unified School District and UC Merced said, it's going to benefit our students. If they maintain certain courses, certain gps they have automatic admission to UC Merced said so thank you to Norma for attending
CC / LRA Minutes – 09/26/2023
on our behalf, and, as Nancy Garcia said earlier, it's best for our students, and I think our superintendent is getting us in the right direction.
Councilmember Barber-Martinez reported on the following:
• Attended the Center for Human Services. They have a new Youth Navigation Center. They had a grand opening and dedication, that will be used for housing at risk young adults, ages 18-24 and for those that are homeless or at risk of being homeless.
• International Heritage Festival is going to be Saturday, October 7th in Modesto at Graceada Park.
• Lupe Garcia, our very own Riverbank Resident, is 100 years young today! Vice Mayor Hernandez reported on the following:
• The water education for Latino leaders’ program, we were able to travel to the Mexico/ U.S. Border where we were able to tour their wastewater treatment plant, which is nonfunctioning at the moment. So, Cody, shout out to everything that you're doing for the city, and just as a whole, because to be able to learn about systems that are nonfunctioning and the implications that happen for real, you know, it was humbling.
• Also attended the Cal Cities Annual Conference it was very fruitful. Real things that we’ve been talking about, earlier today some of our neighboring cities have been going through some Zoom, hate comments and racist comments that are not being productive for our cities. And that was one of the key elements of Cal Cities.
That helped us come a little more prepared, just in case it was going to happen to us.
Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• The Youth Council, was mentioned in the Strategic Plan update tonight, and Riverbank High School. We have 2 other high schools that we need to also engage our students also attended there, and we haven't gotten any traction. I'd like to have an effort. And I'd like to spearhead that because that was one thing, that we have not moved on since 2019.
• Regulatory agencies have been softening on their comments towards the LRA or the ammo base, so that may open up comment and help put another push like we did in June to come on up with what are true issues and how we can resolve them to get that property transferred.
• Non-Profit Civic organization summit, we haven’t had it in almost 2 years. If we can help organize that, thank you to Norma for the help with that event.
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))
CC / LRA Minutes – 09/26/2023
Number of Potential Cases: 1
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code § 54961))
Claimant: Janet Pritsch
Agency Claimed Against: City of Riverbank
There being no public comments, Mayor O’Brien moved to Closed Session at 7:24 P.M.
Reconvened from Closed Session at 7:39 P.M
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
DIRECTION: Direction was provided to staff.
Item 14.2 Report from Closed Session Item 13.1
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Janet Pritsch
Agency Claimed Against: City of Riverbank
DIRECTION: Claim was granted.
15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:40 P.M.to the next regular scheduled City Council / LRA Meeting of October 10, 2023 at 6:00 P.M.
ATTEST: (Adopted 10/10/2023) APPROVED:
Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair
Item9.3 – CC/LRA 10/10/2023
RIVERBANK CITY COUNCIL
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: October 10, 2023
Subject: Resolution approving the Mayor and City Manager to Execute the Landscape Maintenance Agreement between the City of Riverbank and the State of California Department of
Transportation for the Street Improvements in front of Dutch Bros. Coffee
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager
RECOMMENDATION
It is recommended that the City Council approve the Mayor and City Manager to execute the Landscape Maintenance Agreement between the City of Riverbank and the Department of Transportation (State) for the street improvements in front of Dutch Bros.
Coffee.
SUMMARY:
One of Caltrans requirements for any new development along State Route 108 is the City enter into a Landscape Maintenance Agreement. The Landscape Maintenance Agreement identifies the maintenance responsibilities of the City for the newly constructed improvements within the State’s right of way. The Agreement addresses the City’s responsibility for the decorative cobble, sidewalk, ADA curb ramp and driveway placed within State Highway right of way on State Route 108, as shown on Exhibit A attached to the Landscape Maintenance Agreement.
The maintenance agreement dictates that the responsibilities include but are not limited to inspection, providing emergency repair, replacement and general maintenance of the project area. Additionally, the agreement transfers risk of this area of Highway 108 from Caltrans to the City of Riverbank as it relates to claims that may arise from this area of the project and the associated improvements. These are typical and standard requirements for projects carried forth by Cities within state routes.
Item9.3 – CC/LRA 10/10/2023
FISCAL IMPACT:
There will be minimal fiscal impact. The improvements installed within Caltrans right of way in front of Dutch Bros. Coffee are minimal and will require very little maintenance.
ATTACHMENTS:
1. Resolution 2023-
2. Landscape Maintenance Agreement
CC/LRA 10-10-2023
CC Resolution 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE ATTACHED
LANDSCAPING AND MAINTENANCE AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE STREET
IMPROVEMENTS IN FRONT OF DUTCH BROS. COFFEE (CALTRANS PERMIT NUMBER 1023-6CD-0285)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the parties hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed improvements within State’s right of way by Permit Number 1023-6CD-0285.
WHEREAS, this agreement addresses City responsibility for the decorative cobble, sidewalk, ADA curb ramp and driveway placed within State Highway right of way on State Route 108, as shown on Exhibit A, attached to and made a part of the Agreement; and
WHEREAS, maintenance responsibilities that includes, but is not limited to inspection, providing emergency repair, replacement and maintenance as shown on said Exhibit A; and
WHEREAS, the degree or extent of maintenance work to be performed and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual; and
WHEREAS, the City will assume responsibility for maintenance of this area and accept the costs associated with that effort.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby declares the following:
1. The City Council authorizes the Mayor and City Manager to execute the attached landscaping and maintenance agreement with the Department of Transportation for the street improvements in front of Dutch Bros. Coffee (Caltrans permit number 1023-6CD-0285).
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10
th day of October, 2023; motioned by Councilmember ______, ATTACHMENT 1
CC/LRA 10-10-2023
CC Resolution 2023-
seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Landscape Maintenance Agreement
STA-108, PM-31.19
TR# 10-23-0103
1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF RIVERBANK
THIS AGREEMENT is made effective this ______ day of ____________, 2023, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of RIVERBANK; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Encroachment Permit Number 1023-6CD-0285.
2. This Agreement addresses CITY responsibility for the decorative cobble, sidewalk, ADA curb ramp, driveway (collectively the “LANDSCAPING AND IMPROVEMENT”) placed within State Highway right of way on State Route 108, as shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING AND IMPROVEMENT as shown on said Exhibit A.
4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit A which will be made a part hereof and will thereafter supersede the attached original Exhibit A to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING AND IMPROVEMENT conforming to those plans and specifications (PS&E) preATTACHMENT 2 STA-108, PM-31.19
TR# 10-23-0103
2 approved by STATE. CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way.
6.1.1. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way.
6.2. CITY shall ensure that LANDSCAPED AND IMPROVED areas designated on Exhibit A are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.
6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
6.2.3. To expeditiously MAINTAIN, replace, repair, or remove from service any components of LANDSCAPING AND IMPROVEMENT system that has become unsafe or unsightly.
6.3. To furnish electricity for irrigation system controls, lighting system controls for all street lighting systems installed by CITY.
6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 10 Maintenance at 1976 E. Dr. Martin Luther King Jr. Blvd., Stockton, CA. 95205.
6.6. CITY shall ensure LANDSCAPING AND IMPROVEMENT within the Agreement limits provide an acceptable walking and riding surface and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item STA-108, PM-31.19
TR# 10-23-0103
3 or material on or about the LANDSCAPING AND IMPROVEMENT in an expeditious manner.
6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING AND IMPROVEMENT.
6.8. To remove LANDSCAPING AND IMPROVEMENT and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING AND IMPROVEMENT to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING AND IMPROVEMENT at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE.
However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING AND IMPROVEMENT, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description STA-108, PM-31.19
TR# 10-23-0103
4 brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
9.5.PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-
7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
10.INSURANCE:
10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents, and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
STA-108, PM-31.19
TR# 10-23-0103
5 Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the location as depicted in Exhibit A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
STA-108, PM-31.19
TR# 10-23-0103
6 PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF RIVERBANK STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
RICHARD D. O’BRIEN
Mayor
TONY TAVARES
Director of Transportation
Initiated and Approved
By: ___________________________
MARISELA H. GARCIA
City Manager
By: ___________________________
TANYA SANGUINETTI
Acting Deputy District Director
Maintenance
District 10
ATTEST:
By: __________________________
Gabriela Hernandez
City Clerk
By: __________________________
TOM HALLINAN
City Attorney
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF RIVERBANK STATEMENT OF
SELF INSURANCE
1 TO: Caltrans District 10 _______,2023
ATTN: TANYA SANGUINETTI
Acting Maintenance Deputy District Director
FROM: City of Riverbank
Department of Finance
RE: Statement of Self Insurance for City of Riverbank Related to Landscape Maintenance Agreement with State of California Department of Transportation (“STATE”) for the improvements along Highway 108 at Riverbank.
Dear Ms. Sanguinetti,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section
10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
Tammy Alcantor
Assistant City Manager/Administrative Service Director
City of Riverbank