Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 5
AGEND
AMENDED AGENDA (ADDED ITEM 7.2)
TUESDAY, SEPTEMBER 24, 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 Proclamation -Suicide Prevention Month- September 2024- It is recommended that the City Council read and present the proclamation for Suicide Prevention Month to Nancy Andrews and Norm Andrews, volunteers for American Foundation for Suicide Prevention.
Item 7.2 Presentation- Workshop on the City’s Housing Element Update- It is recommended that City Council hear a staff presentation on the Housing Element Update effort. The presentation will serve to provide an overview of the 6th Cycle Housing Element update. No recommendation or formal action is necessary at this point of the Housing Element Update process.
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.
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 September 24, 2024 Next City Council Resolution: 2024-087 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 2 of 5
Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.
IN PERSON COMMENTS- Please fill out a Comment Card & Return to the City Clerk
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 August 27, 2024.
Item 9.3 Resolution to Award Bid for the Roselle & S. Rosebrook Intersection Improvements Project to Hensley’s Paving & General Engineering Inc., Authorize Execution of Future Change Orders, and Authorizing a Budget Amendment for an Additional $261,219.00 from Measure L Local Streets and Roads.
Item 9.4 Resolution Accepting the Annual Financial Report for Fiscal Year 2021- 2022.
Item 9.5 LRA Resolution to Award a Contract for Specialized Legal Services for the Local Redevelopment Authority and Authorize the City Manager to Enter into an Outside Counsel Services Agreement with Kutak Rock LLP.
10. PUBLIC HEARING-No Items Scheduled.
11. NEW BUSINESS
Item 11.1 A Resolution to Approve a Contract Change Order for 60% Design for the Regional Recycled Water Project – Phase I to Brown and Caldwell, and Authorize a Budget Appropriation in the amount of $2,254,540.00 from the Sewer Fund 106- It is recommended that the City Council award the contract change order for preparation of the 60% design for the Riverbank Regional Recycled Water Project – Phase I to Brown and Caldwell, authorize the City Manager to execute a contract with said firm in the amount of $2,049,540.00, authorize a contingency amount of $205,000.00 (approximately 10%), and authorize a budget appropriation of $2,254,540.00 from Sewer Fund 106 for said contract.
Item 11.2 A Resolution to Award a Contract Change Order for the 60% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $395,700.00.00 from the Sewer Fund 106 for FY 2024/2025- City Council and LRA Board Meetings Agenda September 24, 2024 Next City Council Resolution: 2024-087 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 5
It is recommended that the City Council award the contract for ongoing program management for the 60% design phase and permitting support for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc. (KSN), authorize the City Manager to execute a contract change order with said firm in the amount of $395,700.00 and authorize a budget appropriation from the Wastewater Enterprise Fund (Fund 106) for FY 2024/2025.
Item 11.3 Resolution Adopting a Revised Statement of Investment Policy- It is recommended that the City Council consider adopting a Resolution to amend the current Statement of Investment Policy originally approved in July 2007.
Item 11.4 Direction on the Proposed Tiny Home Development and Park on CityOwned Property Near the Intersection of Jackson Ave. and Stanislaus Street- It is recommended that the City Council receive an update on the proposed development to be located on city-owned property and provide feedback to staff regarding the use of the site for a tiny home village permanent supportive housing development or a park.
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.
The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session
Item 13.1 CONFERENCE WITH LEGAL COUNSEL– Anticipated Litigation Significant Exposure to Litigation,
(Pursuant to Gov. Code § 54956.9(d))
Number of Potential Cases: 1
Item 13.2 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Nathan Wilson
Agency Claimed Against: City of Riverbank
14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1
CONFERENCE WITH LEGAL COUNSEL– Anticipated Litigation
City Council and LRA Board Meetings Agenda September 24, 2024 Next City Council Resolution: 2024-087 Next Ordinance: 2024-005 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 4 of 5
Significant Exposure to Litigation,
(Pursuant to Gov. Code § 54956.9(d))
Number of Potential Cases: 1
Item 14.2 Report from Closed Session Item 13.2
LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Nathan Wilson
Agency Claimed Against: City of Riverbank
15. ADJOURNMENT
The Next Regular City Council Meeting will be on: Tuesday, October 8, 2024
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 23rd Day of September, 2024
/s/Gabriela Hernandez, CMC, 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 5:00 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 5:00 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/88278740838 Join by accessing website: https://zoom.us/join , enter Webinar ID: 882 7874 0838 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 882 7874 0838 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