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 6
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AGEND
TUESDAY, DECEMBER 12, 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 Recognition of Donna Kenney, Planning and Building Manager, on Her Retirement from the City of Riverbank- It is recommended that the City Council conduct a presentation of gifts in acknowledgment of the years of service provided by Donna Kenney, Planning and Building Manager, and congratulating her on her retirement.
Item 7.2 Introduction of Michael Patton, Director of Parks and Recreation- City Manager to introduce Michael Patton, the City’s new Director of Parks and Recreation.
Item 7.3 Administration of the Oath of Office to Newly Appointed Planning Commissioners, Natasha Basso, Joan Stewart, Michael Halterman and Alternate Ben Reuben- It is recommended that the Oath of Office be administered and the Certificates of Appointments be issued to newly appointed Planning Commissioners Natasha Basso, Joan Stewart, and Michael Halterman who will each serve a 4-year term ending in December 2027, and Alternate Planning Commissioner Ben Reuben, who will serve a 2-year term ending December 2025.
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 December 12, 2023 Next City Council Resolution: 2023-119 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 6
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 November 14, 2023.
Item 9.3 Resolution approving a Cost-Sharing Agreement for the San Joaquin Valley Storm Water Quality Partnership (SJVSWQP) and Authorizing the City Manager to Execute the Agreement
Item 9.4 Resolution to Approve Cost Share Agreement with Stanislaus Tuolumne River Groundwater Basin Association (STRGBA) for Preparation of a Groundwater Sustainability Plan (GSP) and Groundwater Annual Reports.
Item 9.5 Resolution Approving the Scope of Work and Cost Proposal for Senior Level General Planning Services with John Anderson Land Use Planning and Authorizing a Budget Amendment of $75,000 to the Planning Department Professional Services Account.
Item 9.6 Second Reading an Ordinance Approving the Rezone 01-2023 of 8.55 Acres to Planned Development located at 6612 and 6472 Central Avenue (APN’s 062-020-018 and 062-020-031) for the River’s Edge Subdivision and McRoy Wilbur Communities, Inc
10. PUBLIC HEARING
The Public Notice for Item 10.1 was published on 10/29/2023 in the Riverbank News.
Item 10.1 First Reading by Title Only and Introduction of an Ordinance, amending Title VII: Traffic Code, Chapter 71: Stopping, Standing and Parking, Section 71.07 Prohibited and Limited Parking, Subsection (A), of the Riverbank Municipal Code, by repealing this Section in its entirety and substituting it with New Section 71.07 Prohibited and Limited Parking, Subsection (A) of the Riverbank Municipal Code. It is recommended that the City Council introduce for first reading Ordinance 2023-XXX amending Title VII: Traffic Code, Chapter 71: Stopping, Standing and Parking, Section 71.07 Prohibited and Limited Parking, Subsection (A), by repealing this Section in its entirety and substituting it with new Section City Council and LRA Board Meetings Agenda December 12, 2023 Next City Council Resolution: 2023-119 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 6
71.07 Prohibited and Limited Parking, Subsection (A), to the Riverbank Municipal Code of Ordinances.
11. NEW BUSINESS
Item 11.1 Adopt a Resolution to approve the Records Retention Schedule for the City of Riverbank- It is recommended that the City Council review and discuss the adoption of a Resolution, authorizing the replacement and implementation of a Retention Schedule for Citywide Records and approving continuous disposal of obsolete records for the City of Riverbank.
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 – EXISTING LITIGATION (Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
Item 13.2 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.
Item 13.3 CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION Significant Exposure to Litigation
(Pursuant to Government Code § 54956.9(d))
Number of Potential Cases:1
Item 13.4 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Tricia A. Gardella, individually and as Trustee, and Resource Exploration and Drilling, LLC.
City Council and LRA Board Meetings Agenda December 12, 2023 Next City Council Resolution: 2023-119 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 6
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
Item 14.2 Report from Closed Session Item 13.2
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.
Item 14.3 Report from Closed Session Item 13.3
CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION
Significant Exposure to Litigation
(Pursuant to Government Code § 54956.9(d))
Number of Potential Cases: 1
Item 14.4 Report from Closed Session Item 13.4
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Tricia A. Gardella, individually and as Trustee, and Resource Exploration and Drilling, LLC.
15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, January 9th, 2024 CANCELED MEETING- December 26th, 2023 Happy Holidays!
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 7th Day of December, 2023
/s/Gabriela Hernandez, City Clerk
City Council and LRA Board Meetings Agenda December 12, 2023 Next City Council Resolution: 2023-119 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 5 of 6
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.
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/81538334088 Join by accessing website: https://zoom.us/join , enter Webinar ID: 815 3833 4088 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 815 3833 4088 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