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, JANUARY 23, 2024 – 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 – Introduction of School Resource Deputy, Richard Johnson- It is recommended that the City Council receive a presentation from Chief Ridenour on the introduction of our new School Resource Deputy, Richard Johnson.
Item 7.2 Presentation- Parks and Recreation Board - It is recommended that the City Council receive a presentation from Michael Patton, Parks and Recreation Director.
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.
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
Vice Mayor, District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda January 23, 2024 Next City Council Resolution: 2024-002 Next Ordinance: 2024-002 Next Local Redevelopment Authority Board Resolution 2024-001 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 9.1 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 January 9, 2024.
Item 9.3 Resolutions to Consider Approval of the River’s Edge - South and River’s Edge- North as Phased Maps One and Two to Approved Vesting Tentative Map 02-2023 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.
Item 9.4 Second Reading by Title Only and Introduction of an Ordinance, Amending Title III: Administration, Chapter 30: City Council, Section 30.02:
Compensation, of the City of Riverbank Municipal Code
10. PUBLIC HEARING- No Items Scheduled
11. NEW BUSINESS
Item 11.1 A Resolution Appropriating Funds for the 2023 Cheese & Wine Festival and Discussion for the 2024 Cheese and Wine Festival. - It is recommended that the City Council consider the approval of a Resolution to appropriate funds for the 2023 Cheese & Wine Festival. It is also recommended that the City Council provide feedback and
recommendations to the Parks and Recreation department on how to proceed for the event in 2024
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
14. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, February 13th, 2024 City Council and LRA Board Meetings Agenda January 23, 2024 Next City Council Resolution: 2024-002 Next Ordinance: 2024-002 Next Local Redevelopment Authority Board Resolution 2024-001 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
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 January, 2024
/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/88484147653 Join by accessing website: https://zoom.us/join , enter Webinar ID: 884 8414 7653 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 884 8414 7653 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 01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATION
Meeting Date: January 23, 2024
Subject: Presentation – Introduction of School Resource Deputy, Richard Johnson
From: Marisela H. Garcia, City Manager
Submitted by: Ed Ridenour, Police Chief
RECOMMENDATION
It is recommended that the City Council receive a presentation from Chief Ridenour on the introduction of our new School Resource Deputy, Richard Johnson.
SUMMARY:
Deputy Richard Johnson was selected as the Riverbank School Resource Deputy, and he started his assignment on January 1, 2024. Deputy Johnson is a 7-year veteran of the Sheriff’s Office, 5 of those years are working directly in the community of Riverbank.
Deputy Johnson grew up in the Bay Area, played college baseball for San Jose State and graduated with a bachelor’s degree in Sociology with an emphasis in Criminology. Deputy Johnson now lives in the surrounding area with his family. In his time away from work he is an active member of the Ripon Quarterback Club that raises funds for youth sports.
The role of a School Resource Deputy is of the utmost importance as it has a direct impact on creating a solid path to success for our youth. The School Resource Deputy’s primary focus will be on mentoring, teaching, creating partnerships, building relationships, and ensuring school safety. The school already has a process for discipline and we have no desire to intervene or change that process.
I would like to say I am the one who chose Deputy Johnson for the role of School Resource Deputy, but in fact the choice was made by the students. Deputy Johnson already has a great relationship with our students as they have had the chance to get to know him through school events and programs.
FINANCIAL IMPACT
There is no financial impact with the report.
Item 7.2 - CC/LRA – 01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: January 23, 2024
Subject: Presentation- Parks and Recreation Board
From: Marisela H. Garcia, City Manager
Submitted by: Michael Patton, Parks and Recreation Director
RECOMMENDATION
It is recommended that the City Council receive a presentation from Michael Patton, Parks and Recreation Director.
SUMMARY
The City of Riverbank Parks and Recreation Department is interested in creating a Parks and Recreation Board to assist the department in making a more positive impact in Riverbank. There are several benefits for the city to have this type of board such as encouraging community engagement, receiving diverse perspectives, allocating resources effectively, developing additional programs, and establishing advocacy and stewardship for the city’s parks and recreation system.
The following presentation will discuss what a Parks and Recreation Board is, the benefits that it can bring to the parks and recreation department and the City of Riverbank, the process to creating the board, and short- and long-term vision for the board if approved.
STRATEGIC PLAN
The item directly addressed the city-adopted Parks and Recreation Master Plan to “Engage volunteers in the delivery of programs and services to build advocacy and support for the park and recreation systems.” The presentation and discussion of a potential Parks and Recreation Board for the city will create an opportunity for residents to be involved with the municipality and contribute to the formation of parks and recreation in Riverbank.
FINANCIAL IMPACT
There is no financial impact with the report.
Item 9.1 – CC/LRA -01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: January 23, 2024
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 -01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: January 23, 2024
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for January 9, 2024
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 January 9, 2024.
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. January 9, 2024 City Council and Local Redevelopment Authority Board Minutes.
Exhibit A: 2024 List of Intergovernmental Boars & Committees Exhibit B: Public Comment Letter from Riverbank Historical Society
CC / LRA Minutes – 01/09/2024
MINUTES
TUESDAY, JANUARY 9, 2024 – 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 2 Rachel Hernandez Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair District 3 Leanne Jones Cruz
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 Presentation – Development Services Administration- It is recommended that the City Council receive a presentation from Kathleen Cleek, Development Services Administration Manager.
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
ATTACHMENT 1
CC / LRA Minutes – 01/09/2024
Development Services Manager Cleek gave a PowerPoint presentation on the projects and structure of the Development Services Department.
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 6:09P.M.
Vicky Holt, Riverbank Library Branch Manager commented on some of the events being hosted at the Library. Story Time is back January till March, Tuesdays at 11:00am, alternate bilingual English and Spanish. Master Gardner class is going to be this Saturday at 2:00pm they will be teaching us about citrus trees, attend the class for tips on the best time to plant and prune and how to manage pests. On January 23rd at 3:30pm teens and tweens are invited to come to the library and learn Kumihimo, Japanese braiding. They will be making key chains out of yarn; the craft is geared towards 9 and up. Monthly book club, and this month we’re meeting on the 30th of January at 4:00ppm and we are discussing the book The Little Paris Book Shop by Nina George, we always have extra copies at the library, if anyone needs one. We encourage all to sign up for these events on our website at stanislauslibrary.org or call the library at (209) 869-7008 to get on the list. All these programs are free to the public and its due to our eighth of a cent dedicated sales tax.
Bertha Reyes, Riverbank Historical Society read and provided a letter (as attached) to be distributed to the City council to formerly invite everyone to some of their upcoming events.
Bianca Lopes, Riverbank Resident and Co-Founder and Project Director of Valley Improvement Project, a local non-profit organization here and in the Northern San Joaquin Valley, we work on social and environmental justice issues. Today I’m here to share a serious concern that community members have brought to our attention has also been publicized on social media, and I have shared with some of the council members with some concerns. I'll start with that concern on December 15th deputies here in Riverbank addressed a situation where an individual was stopped for reckless driving.
During the process of the arrest of the individual deputy Fidalgo brutalized, beat, punched, and chokehold the individual that was being arrested without necessity. From what we see on the film or the video that is circulating on social media. It is very obvious that there are 2 other deputies who have his, the gentleman's hands behind his back. And the officer deputy Fidalgo comes around the vehicle from the other side comes around the back of the vehicle to where the individual was, punched him, and then put him in a headlock. It is not very clear in the video, nor is it clear in the video that Chief was great, so grateful to show us. It was not very clear that that was necessary, excessive use of force. and so many community members on the Riverbank Facebook, Riverbank police Facebook, social media posts have expressed serious concerns. We don't want the city to allow police officers to use excessive force unnecessary excessive force like they did in this
CC / LRA Minutes – 01/09/2024
case with Mr. Martinez on December 15., Deputy Fidalgo, should be held accountable for his actions, and then we also ask the city council to review the video yourselves, and to ask questions and to ensure that the public can get a report and we'd like to see the video come out and being released, the body cam of the officer, so that people can clearly or see from a different angle and perspective. So, the video that is circulating from the 209 times shows one perspective of people who witness the event and then the chief has access to the body camera, and which can show and highlight very similar things, in my opinion of what actually happened. So those are our asks that the video become released to the public, and that officer or Deputy Fidalgo be held accountable for his actions. The use of excessive force in that situation, we feel is unnecessary, and should be addressed and then, lastly, I know my time is up. But I want to invite you to an event that's coming up on January 27th. We're hosting a film screening about our documentary and short film about our work to shut down the local incinerator Stanislaus Covanta is going to be the only standing waste incinerator in the state. The other one is in Long Beach, and it's shutting down on the 31st. But this video is going to highlight our work to go to move towards zero waste. And I heard the presentation earlier from your staff, which you didn't invite the community members to ask questions. But we'd like to support the city and your efforts to ensure that people are using their bins correctly. But mostly we want you to support our zero-waste plan. We will be presenting the zero-waste plan at this film screening, and we will also have a panel discussion on false solutions and just transitions as we move away from dirty practices like waste incineration to more sustainable practices like zero waste.
Rich Holmer, Riverbank Historical Society commented on a couple of things one about the mural couple of reasons we selected that the del Rio sign has been sort of a welcome to Riverbank for many yeas from 1947 to 2023. But, not only was it a theater for a while, it was a place called Chasers and if you Google “no dancing in Riverbank” there are still articles on Google today from Orlando, LA Times that talk about the no dancing, get information or things that occurred during that time also was a beagle parlor, a black box theater for a while then finally no longer. So, that was the reason for the mural. We hope you join us that day to celebrate the mural and just a regular celebration. Also, we still have plans for a 3,500 square foot building right next to the current museum. We have no storage. We not only will this be a museum too. It’s also going to feature a cultural arts area, an area for children, and also, one thing that’s important to any museum is a revolving exhibit. People come into a museum, they see the things they look once they may come back again with their children or not, but we want people to continue to come back to this museum, and if we have revolving exhibits, that is one definite thing that will get people back again over and over. Your assistance in doing this would really be helpful right now. Our model T fire truck is was out in the rain for a while. Now, it's out at the Aemetis army ammunition depot and so we'd like a permanent home for it. So, anything the city could do to help that we certainly would appreciate.
Steve Bordona, Riverbank Historical Society incoming president as Rich mentioned, thank you for all the support. I think it's the third time I've appeared at a podium here. The first was in 1975 had gotten a traffic ticket, and Judge A's found me guilty. I paid. The second time I was here. We did Olive Grove estates over there by Rio Altura, and it was shot down by the planning commission. It's the purest form of Socialism in this country,
CC / LRA Minutes – 01/09/2024
and the Council approved it unanimously the following week. So, I'm thankful third time here. I'm here to just help you recognize that you know, we live in the present. Right? Okay, we can't really predict the future. But we can really showcase our history. And I want to recognize, The Historical Society's been a big part of that here in town. We really need more members. I think Darlene Barber- Martinez is the only person I know that I can recognize other than the 3 individuals who came with me. We just want you to kind of talk it up. You know, nothing's better than you know history of community to develop it, to recognize it. Mr. Hallinan’s father was here many years. My dad came here and had numerous names for some of the police chiefs and other types of things. But our family's been here since 1931, and I really want the community to remember there's other families as well, and to report, Leanne could speak to that as well. That was actually, I think your great grandmother's property there on Estelle. So again, thank you, we appreciate that anything you can do to support us in addition to that, and if you have any great ideas for historical events you would like to see, or opportunities and activities, we'd appreciate your input thank you very much.
There being no further public comments, Mayor O’Brien closed the Public Comment period 6:24 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 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for December 12, 2023 and December 21, 2023 Special Meeting Minutes.
Item 9.3 Resolution 2024-001 Declaring Certain Property Surplus as Listed in Exhibit A and Authorizing Its Disposition.
Item 9.4 Second Reading by Title Only of a Proposed Ordinance 2024-001 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.
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
CC / LRA Minutes – 01/09/2024
NAYS: None / ABSENT: None / ABSTAINED: None
10. PUBLIC HEARINGS
The Public Notice for Item 10.1 was published on 12/27/2023 in the Riverbank News.
Item 10.1 First Reading by Title Only and Introduction of an Ordinance, Amending Title III: Administration, Chapter 30: City Council, Section
30.02: Compensation, of the City of Riverbank Municipal Code- It is recommended that the City Council consider the introduction for first reading of Ordinance 2024-XXX amending Title III: Administration, Chapter 30: City Council, Section 30.02: Compensation of the Riverbank Municipal Code which would authorize the increase in City Council Compensation in compliance with the implementation of SB 329.
City Manager Garcia gave a comprehensive staff report and Power Point presentation on the First Reading by Title Only and Introduction of an Ordinance, Amending Title III:
Administration, Chapter 30: City Council, Section 30.02: Compensation, of the City of Riverbank Municipal Code, amending Title III: Administration, Chapter 30: City Council, Section 30.02: Compensation of the Riverbank Municipal Code which would authorize the increase in City Council Compensation in compliance with the implementation of SB 329
City Council discussed item with City Staff.
Mayor O’Brien opened the Public Hearing at 6:32 P.M.
Randy Richardson, Riverbank Resident commented, I am very embarrassed, I haven’t been here that long. But, I just think this is long overdue. And just being here on Tuesdays and watching you guys serve. It says that needs to be done. I would even vote for back pay as well.
Mayor O’Brien Closed the Public Hearing at 6:33 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 First Reading by Title Only and Introduction of an Ordinance, Amending Title III: Administration, Chapter 30: City Council, Section 30.02:
Compensation, of the City of Riverbank Municipal Code.
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
11. NEW BUSINESS
CC / LRA Minutes – 01/09/2024
Item 11.1 Nomination and Appointment of the Vice Mayor to Serve for the Year 2024 - It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the year 2024, and by roll call vote, City Council approve the Appointment for a one-year term.
Mayor O’Brien recommended the appointment of Councilmember District 3 Leanne Jones Cruz as Vice Mayor for the 2024 year.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe_/ Hernandez 5/0) to approve as Councilmember District 3 Leanne Jones Cruz as Vice Mayor for the 2024 year.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Annual Consideration of City Council Appointments to Intergovernmental Boards and Committees and Appointments to Internal City Committees for the Year 2024 - It is recommended that City Council: 1) Review the appointment lists; and 2) Volunteer or nominate a member of the Council to serve as the representative; and 3) By roll call vote, ratify the appointments for the year 2024.
City Clerk Hernandez gave a comprehensive staff report and PowerPoint presentation on the consideration to approve the appointments for intergovernmental Board and internal committees.
City Council discussed recommendations and appointments.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez_ 5/0) to approve the list of Intergovernmental Boards and Committees and Appointments to Internal City Committees for the 2024 year. (As Attached) Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.3 Adjustments to the 2024 City Council Meeting Schedule-It is recommended that the City Council by roll call vote cancel the meetings of July 9th, August 13th, November 26th and December 24th, for a modified summer schedule and to minimize conflicts with Holiday Activities
CC / LRA Minutes – 01/09/2024
City Clerk Hernandez gave a comprehensive staff report on the proposed adjustments to the 2024 City Council meeting schedule.
City Council discussed item with staff
Bianca Lopez, Riverbank Resident commented on the possibility of changing the date or time of City Council meeting as they collide with the Board meeting for the Riverbank Unified School District. Riverbank Unified School District meetings are also on Tuesdays at 5:30pm. And so, as an organization who works to engage community members and participate in spaces like these, where decisions are being made, we have a hard time when really important meetings are happening at the same time in the same city. And so that shows miscommunication or misalignment somewhere. I would also just ask that you consider communicating with the Riverbank Unified School District to maybe change some type of meeting either them or you. But, it does become a difficult challenge to pick. Like, I wanted to be at the Riverbank Unified School District meeting, but I also wanted to be here, and so I had to pick and choose.
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 adjustments to the 2024 city council meeting schedule.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Jones Cruz, Barber-Martinez, Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
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:
• City Offices will be closed on Monday, January 15th for Martin Luther King Jr.
Holiday.
Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• I've been pretty heavily involved with Cal Cities I'm serving as vice chair for Community Services Policy Committee statewide, and that involves mental health support services, housing, and other aging and other services. So, it's pretty exciting to be able to lead a policy committee of about 50 to 60 council members and mayors from across the State
• I mentioned briefly that we had a transition and leadership for a Central Valley division. A council member in Modesto is currently serving as President, and
CC / LRA Minutes – 01/09/2024
because of my involvement past years, I'm able to support with some of the historical context for that. I'm excited to continue on the Executive Committee for that as well.
Councilmember Uribe reported on the following:
• Thank you, Mayor. So, in discussing those committees that we just kind of voted on. I'd like to invite the community to the next sister city committee meeting. It's going to be this Friday, 6 pm, we're going to hold that at Pizza Plus we're also looking to grow membership kind of build momentum for 2024. One of the goals I'd like to see is kind of discuss the needs in Riverbank, you know, and present that to the city the Mayor of Tamazula. he's been. We've been chatting back and forth discussing their needs, and I'd like to present him with a list of kind of the needs that we're so I'll join by council member Hernandez there. if you guys know anybody that's interested in the county nearby, anywhere, we're just looking to grow some membership. Have a discussion go from there. if you're interested, 6 pm. Friday.
Councilmember Barber-Martinez reported on the following:
• Social Media 101 for Small Business I’m going to be present on Thursday, this week, January 11th from 5:30pm t0 6:30pm, it will be here in the Council Chambers, it is sponsored by the Riverbank Chamber of Commerce and a few other organizations. We prefer that you do sign up for it, but it is free of course and you will get to learn a lot about social media. How to promote your business and expect there will be a lot of good information, that well all learn about. • Attended the first Policy Committee meeting of the Public Safety Committee, we will be looking at some the crimes that are happening all over the State of California, probably all over the US, the number one is retail theft an also fentanyl. • Stanislaus County Office of Education is having a homeless conference, that will be on February 9th, 2024, you do have to sign up for that. It is provided by the Prevention After School Program and you can go online at Stanislaus County office of education to sign up.
• Central Valley Community Resource is having the Crab Feed on February 10th at the Riverbank Community Center. This does support a good program which is transitional housing placement program for at risk young adults ages 18 to 21.
Vice Mayor Jones Cruz reported on the following:
• Thank you for the nomination and appointment. I look forward to serving as your next Vice Mayor.
• Want to wish everyone a Happy New Year!
Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• The Financial forecast that we’ve been working on, we have to get on this. • Strategic Planning, we do need to have that. And I know you are working on that.
CC / LRA Minutes – 01/09/2024
• I would just like to comment tag team with what was expressed on the retail theft.
The combined task force from other cities as well as Riverbank has done a tremendous job in 14 retail organize theft have a tremendous that have made a lot of arrest and retrieving tremendous amount of goods and monies and guns. So, I want to congratulate you on that, and that was a very successful holiday season, and it was very safe here.
• I look forward to a lot of other additions to our Staff, for example PIO. • Want to wish everyone a happy and safe 2024!
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.
No Items Scheduled.
14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 6:56 P.M.to the next regular scheduled City Council / LRA Meeting of January 23, 2024 at 6:00 P.M.
ATTEST: (Adopted 01/23/2024) APPROVED:
Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair
2024 List of Appointments
(Ratified on January 9, 2024)
BOARD / COMMITTEE COUNCIL REPRESENTATIVE
(2024 - Appointments)
LEAGUE OF CALIFORNIA CITIES
CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE
Meets: Quarterly, TBD when scheduled
Location: It rotates among the Northern and
Southern central valley cities, TBD.
(Annual breakfast meeting of the year takes place at the League’s Annual Conference in September)
The Central Valley Division (CVD) is led by an executive committee made up of local government officials who provide overall guidance and direction for CVD activities. These activities provide a variety of avenues for individuals to take the opportunity to exchange ideas and information and share the advantages of cooperative advocacy.
Councilmember Rachel Hernandez
(Primary)
Councilmember Luis Uribe
(Alternate)
San Joaquin Valley Air Pollution Control District
Special City Selection Committee
Meets: At least once annually and as needed
Location: Northern Region Office, 4800
Enterprise Way, Modesto
This Committee’s purpose is to appoint (5) Council Members to the San Joaquin Valley Air Pollution Control District’s Governing Board.
Councilmember Darlene Barber-Martinez
(Primary)
Councilmember Luis Uribe
(Alternate)
STANCOG – POLICY BOARD
Meets: The 3rd Wednesday of each month; 6:pm
Location: 1111 I Street, Suite 308, Modesto
To work together with local cities to enhance communication, cooperation and comprehensive planning in dealing with
regional issues.
Mayor Richard D. O’Brien
(Primary)
Vice Mayor Leanne Jones Cruz
(Alternate)
STANISLAUS HOMELESS ALLIANCE BOARD
(RESOLUTION NO. 2019-032)
Meets: 1st Wednesday of Each Month at 5:30 pm
Location: Tenth Street Place, Board Chambers,
1010 10th Street (Basement), Modesto
The Alliance Is A Collaborative Board Formed to Align
Homeless Service, Planning, And Funding Among
Stakeholders in Stanislaus County. The Board Consists of Several Community Leaders of Governmental and
Nongovernmental Entities. A Primary Voting Member Is
Appointed by The City Council Annually.
Councilmember Darlene Barber-Martinez
(primary)
City Manager
(per bylaws serves as the Alternate)
EXHIBIT A
2024 List of Appointments
(Ratified on January 9, 2024)
BOARD / COMMITTEE COUNCIL REPRESENTATIVE
(2024 - Appointments)
STANISLAUS OFFICE OF EMERGENCY SERVICES
DISASTER COUNCIL
Meets: Once a year or as necessary (tentative April 13th) Location Harvest Hall
Cornucopia Way, Modesto
To make recommendations to local governing agencies on
matters pertinent to development of mitigation, disaster preparedness, response & recovery plans, and programs for any potential local emergency.
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Alternate)
(*Note: The appointed Councilmember
serves a 2-year term; ending 12/2024.)
(NEW) “INTEREST GROUP MEMBER” OF THE STANISLAUS
COUNTY WORKFORCE DEVELOPMENT BOARD
(formerly the Stanislaus Business Alliance Board that
ended 6/2016)
Meets: The 1st Monday of the 1st month of every quarter January 8th, April 8th, July 8th, October 7th
Location: 251 E. Hackett Road, Modesto.
The WDB is a business led public body whose members
are appointed by the Board of Supervisors to oversee
activities funded by the Workforce Innovation and
Opportunity Act. The WBD is responsible for shaping and strengthening local and regional workforce development
efforts to support small, medium and large business job growth by providing services such as job search
assistance, resume development, career counseling, and
job placement assistance.
Councilmember Darlene Barber-Martinez
(Primary)
Vice Mayor Leanne Jones Cruz
(Alternate)
Lower Stanislaus River Trail Improvement Plan
Committee
(Resolution No. 2013-069)
Meets: TBD
Location: TBD
Representatives of the Cities of Riverbank, Oakdale, and Ripon and the Local Government Commission and the
National Park Service will be working together to enhance public use and stewardship of the lower Stanislaus River.
Vice Mayor Leanne Jones Cruz
(Primary)
Councilmember Darlene Barber-Martinez
(Alternate)
2024 List of Appointments
(Ratified on January 9, 2024)
CITY / LRA COMMITTEES COUNCIL / LRA LIAISON
(2024 – Appointments)
BUDGET ADVISORY COMMITTEE (BAC)
Meets: As needed
Location: City Hall Council Chambers or City Hall South Conference Room
This (7) resident member advisory committee, including
(1) non-voting Council representative and a Council
alternate, reviews and discusses the City’s operating
budget and makes recommendations on projects,
programs, and policies to the City Council.
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Alternate)
(Note: This committee has been inactive
for the past five (5) years.)
FRIENDS OF JACOB MYERS PARK (JMP)
(A non-profit organization)
Meets: On a monthly basis
Location: City Hall Council Chambers
Works on projects, park planning, and fundraising
events.
Councilmember Rachel Hernandez
(Primary)
Vice Mayor Leanne Jones Cruz
(Alternate)
SISTER CITY
Meets: As needed
Location: TBD based on availability
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Primary)
EXHIBIT B
Item 9.3 – CC/LRA – 01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: January 23, 2024
Subject: Resolutions to Consider Approval of the River’s Edge - South and River’s Edge- North Maps as Phased Maps One and Two to
Approved Vesting Tentative Map 02-2023 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.
From: Marisela H. Garcia, City Manager
Submitted by: Miguel Galvez, Contract City Planner
RECOMMENDATION
Adopt two resolutions to approve a request of McRoy Wilbur Communities, Inc. for two parcel maps as phased maps to River’s Edge Vesting Tentative Map, which was approved to create 38 (36 new) single family residential lots. The location is 6612 and 6472 Central Avenue (APNs 062-020-018 and 062-020-031).
SUMMARY
The proposed Project consists of two parcel maps that will separate the existing owner’s house parcels from the existing property that was approved to be subdivided and create the 38 new single-family lots.
River’s Edge–North proposes to create lot 38 (.58 acres), a 2.87-acre designated Remainder with an additional .15 acres to be dedicated to street right-of-way.
River’s Edge-South proposes to create Lot 19 (.68 acres), a 3.56-acre designated Remainder with an additional .68 aces dedicated to street right-of-way.
The property was zoned Single Family Residential (R-1), but was rezoned to Planned Development (PD) in December 2023. Additionally, the subject properties have a General Plan designation Lower Density Residential (LDR). Approval of the two (2) resolutions is recommended if all Conditions of Approval are adopted and all VTM findings
Item 9.3 – CC/LRA – 01/23/2024
can be met to ensure consistency with the General Plan, Zoning Ordinance, and State mapping requirements.
BACKGROUND
The City Council, at its November 14, 2023 meeting, approved General Plan Amendment 01-2023, Vesting Tentative Map 02-2023 and conducted the first reading of an Ordinance approving Rezone application 02-2023 to Planned Development for the River’s Edge subdivision Proposal. On December 12, 2023, the City Council conducted the second reading of the Ordinance, approving Rezone 01-2023 of 8.55 acres from R-1 Single Family Residential to Planned Development.
The applicant requests to separate lots 19 and 38 of approved Tentative Map 02-2023 from the whole development of the approved River’s Edge Tentative Map. The applicant inadvertently included lots 19 and 38, which are developed with homes as part of the River’s Edge Tentative Map and requests division of the parcels along with remainder parcels ahead of the development requirements for balance of the River’s Edge project.
PROJECT INFORMATION AND ANALYSIS
Much of the analysis below is from the approved rezoning, general plan amendment and tentative map proposal and its applicability can be carried forward to this request.
A. Site Design
The design of the proposed project is a small lot, detached, single-family residential subdivision. Because some lot sizes are below the Riverbank Municipal Code Single Family Residential (R-1) development standards of 6,000 square feet (sf), the Applicant proposed a rezone from Single-Family Residential (R-1) to Planned Development to accommodate all lots ranging in size from 4,692 to 29,634 sf. The proposed VTM has one (1) out lot which will be dedicated to the regional basin for the treatment of storm water generated from the project. Current State regulations require new projects to retain as much water as possible for percolation on site and to only discharge overflow into a basin or canal.
B. Architecture / Design Guidelines
Lots 19 and 38 are already developed with single-family dwellings.
C. Transportation and Circulation
Pursuant to RMC 152.026 (H) Street Design and Standards, “Dead-end streets where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, shall extend to the boundary of the property and the resulting deadend street may be approved without a turnaround. In all zoning districts a cul-desac or a comparable area in another form shall be required, separated to the depth of one (1) lot from the exterior boundary line or other topographical feature of the
Item 9.3 – CC/LRA – 01/23/2024
subdivision. Pursuant to RMC section 152.026 (P)(4) Local streets shall have a minimum right-of-way of fifty (50) feet and a minimum paved street width of thirtysix (36) feet between curb faces.
GENERAL PLAN CONSISTENCY
The existing General Plan designation for this project is Lower Density Residential (LDR) which allows the project to be built at 0-8 dwelling units per net acre. The VTM shows a total of thirty-eight (38) residential lots on 8.55 acres for a total of 4.4 dwelling units per acre or 5.36 dwelling units per net acre. “Net” means exclusive of paved square footages like parking lots and driveways. Thus, the project’s density is consistent with the LDR designation of the General Plan.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act, staff has determined that the proposed project is exempt pursuant to CEQA Guidelines Section 15315 Minor Land Divisions.
STRATEGIC PLAN
The City’s Strategic Planning Session is a plan and set of goals that the City will work towards for the next three years. This project works toward the goals of “achieving and maintaining financial stability” and “maintain and improve the City infrastructure systems.”
FINANCIAL IMPACT
The Project includes the creation of two lots, which are already developed with single family dwellings. The fiscal impacts associated with providing municipal services to residential projects will be partially off-set by the funds generated through CFD 2016-01.
Street lighting, road maintenance, storm drainage maintenance, common area landscaping, and police services will be funded through the implementation of CFD 2016-
01. In light of the obligation to participate in the above-mentioned Community Facilities Districts, the Project is unlikely to negatively impact the City’s finances.
ATTACHMENTS
1. Resolution 2024-XXX PM River’s Edge-North
2. Phase One Map River’s Edge-North
3. Resolution 2024-XXX PM River’s Edge-South
4. Phase Two Map River’s Edge-South
CC/LRA – 01/23/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING PHASE ONE OF THE RIVER’S EDGE TENTATIVEMAP 01-2024, ALSO KNOWN AS RIVER’S EDGE – NORTH, TO SUBDIVIDE 3.60 ACRES INTO A .58 ACRE LOT AND A 2.87 ACRE REMAINDER LOT - MCROY WILBUR
COMMUNITIES, INC., LOCATED AT 6612 AND 6472 CENTRAL AVENUE (APNs 062-020-018 AND 062-020-031)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, A Vesting Tentative Map application has been received from McRoy Wilbur Communities, Inc with a request for a Vesting Tentative Map to divide approximately 8.55 acres into thirty-eight (38)
Planned Development single family residential lots with two (2) out lots, and more particularly described as Stanislaus County Assessor Parcel Numbers 062-020-018 and 062-020-031, and
WHEREAS, On November 14, 2023, the City Council approved the River’s Edge Vesting Tentative Subdivision Map - Application No. 02-2023 via Resolution 2023-114, and
WHEREAS, a phasing plan has been requested for the River’s Edge Tentative Map by McRoy Wilbur Communities to divide the property into a .58-acre lot and a 2.87- acre Remainder Lot as shown on Exhibit A, and referred to as River’s Edge – North, and
WHEREAS, the Planning Department considered the phasing request along with the following findings:
1. The proposed River’s Edge-North phasing map is consistent with the General Plan and Zoning Map.
2. The design and improvement of the River’s Edge-North Map is consistent with the approved River’s Edge Tentative Map.
3. The site is physically suitable for the proposed type of development.
4. The site is physically suitable for the proposed density of development.
ATTACHMENT 1
CC/LRA – 01/23/2024
CC Resolution 2024-
5. The design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
6 The design of the subdivision or the proposed improvements are unlikely to cause serious public health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the subdivision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Vesting Tentative Map Application River’s Edge Application No. 02- 2023, Phase One, River’s Edge-North, is approved subject to those conditions established by Resolution No. 2023-114 and to be built as illustrated in Exhibit A to this Resolution entitled VTM dated November 14, 2023.
NOW, THEREFORE, BE IT FURTHER RESOLVED that Vesting Tentative Map River’s Edge-North, Phase One is hereby approved, subject to and modified by the following conditions:
1. The full width and length of Sante Fe along Lot 38 shall be dedicated to the City.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23rd day of January 2024; motioned by Councilmember _____________________, 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
Exhibit A – River’s Edge - North
PRELIMINARY FOR REVIEW ONLY PRELIMINARY ☐☐ ATTACHMENT 2
PRELIMINARY FOR REVIEW ONLY
CC/LRA – 01/23/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING PHASE TWO OF THE RIVER’S EDGE TENTATIVE MAP 01-2024 ALSO KNOWN AS RIVER’S EDGE – SOUTH, TO SUBDIVIDE 4.83 ACRES INTO A .68 ACRE LOT AND A 3.56 ACRE REMAINDER LOT - MCROY WILBUR COMMUNITIES, INC., LOCATED AT 6612 AND 6472 CENTRAL AVENUE (APNs 062-020-018 AND 062-020-031)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, A Vesting Tentative Map application has been received from McRoy Wilbur Communities, Inc with a request for a Vesting Tentative Map to divide approximately 8.55 acres into thirty-eight (38) Planned Development single family residential lots with two (2) out lots, and more particularly described as Stanislaus County Assessor Parcel Numbers 062-020-018 and 062-020-031, and WHEREAS, On November 14, 2023, the City Council approve the River’s Edge Vesting Tentative Subdivision Map - Application No. 02-2023, via Resolution 2023-114, and
WHEREAS, a phasing plan has been requested for the River’s Edge Tentative Map by McRoy Wilbur Communities to divide the property into a .68-acre lot and a 3.56- acre Remainder Lot as shown on Exhibit A, and referred to as River’s Edge-South, and WHEREAS, the Planning Department considered the phasing request along with the following findings:
1. The proposed River’s Edge-South phasing map is consistent with the General Plan and Zoning Map.
2. The design and improvement of the River’s Edge-South Map is consistent with the approved River’s Edge Tentative Map.
3. The site is physically suitable for the proposed type of development.
4. The site is physically suitable for the proposed density of development.
ATTACHMENT 3
CC/LRA – 01/23/2024
CC Resolution 2024-
5. The design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
6 The design of the subdivision or the proposed improvements are unlikely to cause serious public health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the subdivision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank that Vesting Tentative Map Application River’s Edge Application No. 02- 2023, Phase One, River’s Edge-South, is approved subject to those conditions established by Resolution No. 2023-114 and to be built as illustrated in Exhibit A to this Resolution entitled VTM dated November 14, 2023.
NOW, THEREFORE, BE IT FURTHER RESOLVED that Vesting Tentative Map River’s Edge-South, Phase Two is hereby approved, subject to and modified by the following conditions:
1. The full width and length of Sierra Street along Lot 19 shall be dedicated to the City.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23rd day of January 2024; motioned by Councilmember _____________________, 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
Exhibit A – River’s Edge - South
☐☐ PRELIMINARY FOR REVIEW ONLY PRELIMINARY ATTACHMENT 4
PRELIMINARY FOR REVIEW ONLY
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT
AUTHORITY AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: January 23, 2024
Subject: Second Reading by Title Only and Introduction of an Ordinance, Amending Title III: Administration, Chapter 30: City Council, Section 30.02: Compensation, of the City of Riverbank Municipal Code
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider the second reading of an Ordinance amending Title III: Administration, Chapter 30: City Council, Section 30.02: Compensation of the Riverbank Municipal Code which would authorize the increase in City Council Compensation in compliance with the implementation of SB 329. On January 9, 2024, the City Council heard the item in Public Hearing and voted 5-0 to approve it for a second reading.
SUMMARY
On June 29, 2023, Governor Newsom signed into law SB 329 which allows general law cities to adjust council member salaries for inflation for the first time in almost four decades. Based on recommended adjustments, cities up to and including 35,000 in population may approve a salary of up to nine hundred fifty dollars ($950) per month. The recommendation is to increase council member salaries to nine hundred dollars ($900) per month and the mayor’s salary to nine hundred fifty dollars ($950) per month effective December 2024.
BACKGROUND
Salary compensation for general law cities, such as the City of Riverbank, is established by legislation codified in the Government Code. Government Code Section 36516 allows city councils in general law cities to vote to receive a limited salary, not to exceed caps based on population size provided in state law. They can also increase their salary annually. This limited mechanism does not always allow salaries to stay in line with inflation. Based on population size, cities up to and including 35,000 in population had a
Item 9.4– CC/LRA-01/23/2024
council salary cap of $300 per month. In addition, Government Code Section 36516(a)(4) allowed for an increase beyond the salary cap in an amount that shall not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect.
In January 1986, the City Council adopted Ordinance 86-01 which enacted the allowable compensation for council at $300 per month. Subsequently in December 2004, a salary adjustment pursuant to Government Code 35615(a)(4) was adopted via Ordinance 2004- 011 which increased the salaries to $350 per month for the City Council and $400 per month for the Mayor. An amendment to Section 30.02 Compensation was presented and adopted by the Riverbank City Council in 2008 as part of a comprehensive Municipal Code Update but did not include any salary adjustments.
SB 329, sponsored by Senator Bill Dodd, is the first bill allowing for an adjustment to the council member salary schedule in almost forty years. Comments in support of the bill cited lengthy time commitments and limited pay may have discouraged many residents from running for office. The bill was subsequently signed into law in June 2023 by Governor Newsom and became effective January 1, 2024. The bill allows for cities up to and including 35,000 in population to enact salaries up to and including $950 per month.
Given that the Riverbank City Council and Mayor have not had a salary adjustment in almost 20 years, it is prudent to recommend an adjustment to salaries in compliance with SB 329 as follows:
Title Current Salary Proposed Salary
Mayor $400 $950
City Council $350 $900
IMPLEMENTATION
Pursuant to Government Code Section 36516.5, a change in compensation does not apply to a council member during the council member’s term of office. However, this does not prevent the adjustment of the compensation of all members of a council serving staggered terms, such as the Riverbank City Council, whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. In 2024 terms of office will expire for the mayor’s seat and council members for District 2 and District 4, therefore all members of the City Council would be eligible for a salary adjustment when either the incumbents for these three seats or a newly elected official for these seats takes their oath of office in December 2024.
STRATEGIC PLAN
While this item is not directly related to the City Council’s adopted Strategic Plan, just compensation for all members is encouraged due to the time commitment made in the service of their community.
Item 9.4 – CC/LRA-01/23/2024
Item 9.3 – CC/LRA-01/23/2024
FINANCIAL IMPACT
Council salaries are budgeted on an annual basis in the General Fund during the normal budgeting process. The adoption of this ordinance would not take effect until December 2024 which would affect the Fiscal Year 2024-2025 annual budget. Approximate increase in base salary and payroll costs of $22,600.
ATTACHMENTS
1. Ordinance 2024-XXX
CC/LRA 01/09 & 01/23/2024
CC Ordinance 2024-xxx
Effective Date:12/06/2024
CITY OF RIVERBANK
ORDINANCE 2024-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK AMENDING TITLE III: AMINISTRATION, CHAPTER 30: CITY COUNCIL, SECTION 30.02: COMPENSATION, OF THE CITY OF RIVERBANK CODE OF
ORDINANCES
WHEREAS, California Government Code section 36516(a), as amended by the adoption of SB 329 in 2023, provides that council members in cities with a population up to 35,000 may receive up to Nine Hundred Fifty Dollars ($950) per month in salary; and WHEREAS, on December 13, 2004 the City Council of the City of Riverbank (“City”) enacted Ordinance No. 2004-011 which established the compensation of the City Councilmembers at the rate of Three Hundred Fifty Dollars ($350) per month, and Four Hundred Dollars ($400) per month for the Mayor, and
WHEREAS, the compensation earned by the Councilmembers and Mayor, as modified in 2004, has not been increased, despite substantial increases in the cost of living, for nineteen (19) years; and
WHEREAS, because of the additional duties carried out by the Mayor, the Mayor’s salary is traditionally established at a slightly higher level than that of other Councilmembers; and
WHEREAS, the rate of compensation for City Councilmembers is codified in Riverbank Municipal Code Section 30.02; and
WHEREAS, Government Code Section 36516.5 states that a salary increase cannot become effective until at least one Councilmember begins a new term of office; and
WHEREAS, two council members and the mayor will be elected in November of 2024 and will begin new terms of office in December 2024; and WHEREAS, the City Council desires to increase council members’ salaries as provided for in Government Code sections 36516(a)(4) as amended by SB 329, 36516(c), and 36516.5.
NOW, THEREFORE, THE CITY OF RIVERBANK CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: The Riverbank Municipal Code, Chapter 30, “City Council” Section
30.02 “Compensation” is amended as follows:
ATTACHMENT 1
CC/LRA 01/09 & 01/23/2024
CC Ordinance 2024-xxx
Effective Date:12/06/2024
§ 30.02 COMPENSATION
(A) Purpose. This section is enacted pursuant to Cal. Gov't Code § 36516, authorizing the Council to provide by ordinance that each member of the Council shall receive a prescribed salary.
(B) Salaries. Commencing on the operative date of this section members of the Council of the city shall receive, as salary, the sum of $900 per month and the Mayor $950 per month, as prescribed in Cal. Gov't Code § 36516 for cities up to and including 35,000 in population, which shall be payable from and after the operative date in this section at the same time and in the same manner as the salaries are paid to other officers and employees of the city.
(C) Change in compensation. Any change in compensation may only be made effective whenever one or more members of the City Council begins a new term of office. (D) Reimbursement. The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the Council of reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the city.
Section 2: If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
Section 3: This Ordinance shall become effective thirty (30) days after it passage by the City Council, and following the affirmative vote of a majority of the members of the City Council. Within fifteen (15) days of its adoption, a summary of the ordinance shall be published in a newspaper of general circulation in the City of Riverbank, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.
The foregoing was introduced at a regular meeting of the City Council of the City of Riverbank held on January 9, 2024; motioned by Councilmember Uribe, seconded by Councilmember Jones Cruz, and upon roll call was carried by the following vote of 5/0; said ordinance was given a second reading by title only at a regular meeting of the City Council on January 23, 2024, Councilmember __________ moved its adoption, seconded by Councilmember _________, and upon roll call was carried by the following:
CC/LRA 01/09 & 01/23/2024
CC Ordinance 2024-xxx
Effective Date:12/06/2024
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________ _________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
APPROVED TO FORM:
_________________________
City Attorney
Item 11.1 – CC/LRA – 01/23/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT
AUTHORITY AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: January 23, 2024
Subject: A Resolution Appropriating Funds for the 2023 Cheese & Wine Festival and Discussion for the 2024 Cheese and Wine Festival.
From: Marisela H. Garcia, City Manager
Submitted by: Michael Patton, Parks and Recreation Director
RECOMMENDATION
It is recommended that the City Council consider the approval of a Resolution to appropriate funds for the 2023 Cheese & Wine Festival. It is also recommended that the City Council provide feedback and recommendations to the Parks and Recreation department on how to proceed for the event in 2024.
SUMMARY
The City of Riverbank Parks and Recreation Department oversees and provides administration services for the city’s annual Cheese and Wine Exposition. With the event being held in October 2023, the Parks and Recreation department would like to share with the City Council the outcomes of the event including staff feedback, and financial reports. The Cheese and Wine Festival in 2023 operated at a deficit of $24,764.00, which is $2,625.00 more than the previous year. If approved, the funds would be transferred from the General Fund into the Cheese & Wine account.
The Parks and Recreation department is in the process of planning for community events in 2024. The department would like to request direction from the City Council on how to approach the Cheese and Wine Festival for 2024. After discussion amongst staff, the department has come up with four options on how to proceed with the event this October.
The options include:
1) Contract with an organization or individual to plan, develop, and execute the event in 2024.
2) Have the Parks and Recreation Department plan, develop, and execute the event in house.
Item 11.1 – CC/LRA – 01/23/2024
3) Forgo the Cheese and Wine event and have the Parks and Recreation Department plan and create a new event to take the place of the Cheese and Wine event. 4) Forgo the Cheese and Wine event and use the allocated funding budgeted for the event towards smaller community events hosted by the Parks and Recreation Department.
BACKGROUND
The City of Riverbank Parks and Recreation Department has overseen the Cheese and Wine Festival since its purchase from the Riverbank Rotary Club in 2014. For the first eight years, the department oversaw the event with financial success and satisfaction from the community. Since 2022, the city has contracted the event to private groups which have led the event to operate at major financial losses for the city. Due to the losses, the City of Riverbank has had to offset the deficits through the General Fund.
With the new year, it is time to begin preparing and planning for the Cheese and Wine Festival for 2024. Before too much time is spent from the staff level in the planning process, the Parks and Recreation Department would like to receive input, feedback, and direction from the city council on how they see fit for the event this year.
FINANCIAL IMPACT
The financial impact to this report is $24,764.00 from the General Fund for Fiscal Year 2023/2024.
STRATEGIC PLAN
The item directly addresses the city’s General Plan under the Goals and Policies section for economic development to “continue to support visitor attracting activities, such as the annual Cheese and Wine Exposition, and seek out similar activities that raise the visibility of downtown Riverbank.” This presentation will discuss the outcomes of the Cheese and Wine event for 2023 and gain guidance from the city council on the direction for the event in 2024.
ATTACHMENTS
1. Resolution 2024-XXX
2. Exhibit A- Income Statement- Riverbank Cheese and Wine 2023 with Prior Year Comparisons.
CC/LRA – 01/23/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK TO AUTHORIZE THE TRANSFER OF $24,764 FROM THE GENERAL FUND TO THE CHEESE & WINE ACCOUNT TO COVER THE 2023 FESTIVAL DEFICIT
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City of Riverbank has hosted the Cheese & Wine Festival for the past 45 years and the festival is an event that is safe, well attended and enjoyed by the community; and
WHEREAS, the City has contracted out the festival for the past 8 years and the festival has been financially self-sustaining during 7 of those years; and WHEREAS, due to inflation and expense exceeding revenue for the 2023 Festival, there is a need for General Fund support in the amount of $24,764.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approve the transfer of $24,764 from the General Fund to the Cheese & Wine Account to cover the deficit of the 2023 Festival.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23rd day of January, 2024; motioned by Councilmember ______, 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: Exhibit A- Income Statement 2023
ATTACHMENT 1
EXHIBIT A