CITY COUNCIL I 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
111 OF ACTIpy'
Mgr. I %
MINUTES
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St
Suite B
Riverbank, CA 95367
TUESDAY, JANUARY 10, 2023 — 6: 00 P. M.
THE AGENDA PACKET IS ONLINE AT If f' I' I': IIVV%NW. RIVERSANK. ORG/ AGENDACENTER)
1. CALL TO ORDER - Mayor/ Chair Richard D. O'Brien called the meeting to order at 6:00 P.M.
2. FLAG SALUTE - Mayor/ Chair Richard D. O'Brien led the pledge of allegiance.
3. INVOCATION — Reverend Randy Richardson provided the invocation.
4. ROLL CALL — A Roll Call of councilmembers was done by the City Clerk.
Members of the City Council / Local Redevela ment Authority Board oresent in the Chamber:
Council Member/ Authority Member District 1 Luis Uribe
Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member District 3 Leanne Jones Cruz (ABSENT) Council Member/ Authority Member District 4 Darlene Barber -Martinez Mayor / Chair Richard D. O'Brien
5. AGENDA CHANGES
Include Item 11. 4 New Business- Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms
Remove Item 7. 1 Presentations- Presentation Project Resolve
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 Project Resolve- It is recommended that City Council receive a presentation from Katy Trompetter with Project Resolve.
Removed from the Agenda to bring back at the next regular City Council Meeting on January 24, 2023.
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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 matterjurisdiction ofthe City CouncilILRA 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 6.02 P.M.
Vicki Holt, Riverbank Library Branch Manager commented on the classes and events available this month at the Stanislaus County Library, Riverbank Branch. All Possible through the eighth of a cent sales tax that goes to the programs.
Thelma Louise, Riverbank Resident commented on the concern for the Homeless population to be moved to a higher ground due to the heavy rain storms and flood.
Residents who spoke in opposition of the Riverwalk Pro ect Karen Conrotto, Modesto Resident
Karen Mitchell, Modesto Resident
Jamie Aggers, Modesto Resident
Barney Aggers, Modesto Resident
There being no further public comments, Mayor, O'Brien closed the Public Comment period at 6: 13 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 December 13, 2022 City Council and Local Redevelopment Authority Board Minutes.
Mayor O'Brien Opened Public Comment at 6: 14 P.M.
City Clerk the Draft minutes should reflect Mrs. Karen Conrotto made comment on the Prop 218 Sewer Rate Increase Not Opposition.
Mayor O'Brien Closed Public Comment at 6. 15 P. M
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded ( Uribel Barber -Martinez 410 to approve the consent calendar with changes.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS: None / ABSENT. Jones Cruz / ABSTAINED: None
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10. PUBLIC HEARINGS
The Public Notice for Item 10. 1, Item 10. 2, and Item 10.3 was Published on December 28th 2022 in the Riverbank News.
Item 10. 1 First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV: Building Regulations, Adoption of Standard Codes, by repealing in their entirety Sections § 150. 01 ADMINISTRATIVE CODE through § 150. 16 SOLAR / PHOTOVOLTAIC POWER SYSTEMS, and substituting them with new Sections §150.01 through § 150. 16 and Adopting by Reference the 2023 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing Energy, Existing Building, Historical Building, Fire, and Green Building Standards and Solar/Photovoltaic Power Systems; and Amending Title XV: Land Usage, Chapter 157: WATER EFFICIENT LANDSCAPE AND IRRIGATION; Section 157. 01: Purpose and Intent. - It is recommended that the City Council introduce and pass to a second reading an Ordinance adopting the 2023 California Building Codes as referenced above.
Building and Planning Manager Kenney presented a comprehensive Staff Report & Power Point Presentation on the First Reading and Introduction of a Proposed Ordinance Amending Title XV. Building Regulations, Adoption of Standard Codes, by repealing in their entirety sections § 150.01 ADMINISTRATIVE CODE through § 150. 16 SOLAR / PHOTOVOLTAIC POWER SYSTEMS, and substituting them with new Sections § 150.01 through § 150. 16 and Adopting by Reference the 2023 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing Energy, Existing Building, Historical Building, Fire, and Green Building Standards and Solar/Photovoltaic Power Systems; and Amending Title XV: Land Usage, Chapter 157: WATER EFFICIENT LANDSCAPE AND IRRIGATION, Section 157.01: Purpose and Intent City Council discussed item with staff.
Mayor O' Brien opened the Public Hearing at 6:20 P. M.
Mayor O' Brien closed Public Hearing at 6.20 P. M.
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded ( barber -Martinez 1 Uribe 410 to approve and pass to a second reading Ordinance 2023 -XXX adopting the 2023 California Building Codes as referenced.
Motion carried by unanimous City Council and LRA Board roll call vote.
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS. None 1 ABSENT..- Jones Cruz IABSTAINED: None
Item 10. 2 First Reading by Title Only and Introduction of Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and
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Mitigated Negative Declaration Project- It is recommended that the City Council listen to the presentation, take public comment, and consider approving the Ordinance and Resolutions for the Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and Mitigated Negative Declaration Project.
Building and Planning Manager Kenney presented a comprehensive Staff Report & Power Point Presentation on the First Reading and Introduction of Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and Mitigated Negative Declaration Project.
City Council discussed item with staff.
Mayor O'Brien opened the Public Hearing at 6:30 P. M
Mayor O'Brien closed Public Hearing at 6:30 P.M.
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded [ Uribe I Hernandez 410} to approve Summerfair Resolution 2023-001 General Plan Amendment and Resolution 2023-002 Architecture and Site Plan Review and pass to a second reading Ordinance 2023 -XXX Approving the Rezoning for the project known as Summerfair Commerce Center.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS. None / ABSENT: Jones Cruz / ABSTAINED: None
Item 10.3 First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV: Section §153.003, DEFINITIONS, Section §153. 031, USES PERMITTED, Section § 153.046, USES PERMITTED, Section 153. 061, USES PERMITTED, Section § 153. 067, USES PERMITTED, and adding Sections §153. 170 through §153. 177 related to Tiny House Villages. It is recommended that the City Council introduce and pass to a second reading an Ordinance permitting and providing development standards for tiny house villages in residential zones.
David Niskanen, Consultant with JB Anderson Land Use Planning presented a comprehensive Staff Report & Power Point Presentation on the First Reading and Introduction of a Proposed Ordinance related to Tiny House Villages.
City Council discussed item with Consultant and City Staff.
Mayor O' Brien opened the Public Hearing at 6: 50 P.M.
Mayor O'Brien closed Public Hearing at 6:51 P.M.
Public Hearing reopened at 6. 51 P.M.
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Resident Evelyn Halbert commented on clarification is this a zoning ordinance amendment to change the municipal code to allow Tiny Villages, but you are not amending the General Plan, would they be compliant with each other? The zoning areas that you are doing this on the R1, R2, R3 and CX1 those are General Plan Zonings, so it would apply to General Plan Areas, if my understanding is right? But the specific plan areas, be it Downtown, Crossroads, wherever the Specific Plans are, were all rezoned to the Specific Plans, when the Specific Plans came out. So, it would not affect us, unless you came back and rezoned us back to these zonings?
Consultant David Niskansen, clarified we are not proposing to amend the General Plan, just the riverbank Municipal Code. Tiny House Villages would have to adhere to the GP Policies and then City Requirements. Second, we are not amending any individual General Plan Land Use designations, just amending the R1, R2, R3, CX1 Zoning Districts. As it relates to the Specific Plans, were not suggesting to amend the individual specific plans and this would apply to the main Municipal Code zoning districts of R1, R2, R3, CX1, so it would not apply.
Mayor O' Brien closed Public Hearing at 6:54 P.M.
There being no public comments, Mayor O'Brien brought the item back to City Council.
ACTION: By motion moved and seconded { Hemandez / Uribe 410] to approve and pass to a second reading Ordinance 2023 -XXX permitting and providing development standards for tiny house villages in residential zones.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS: None / ABSENT. Jones Cruz / ABSTAINED: None
11. NEW BUSINESS
Item 11. 1 Nomination and Appointment of the Vice Mayor to serve for the year 2023- It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the year 2023, and by roll call vote, City Council approve the appointment for a one-year term.
Mayor O'Brien introduced the item and nominated Councilmember Rachel Hernandez for the appointment of the Vice Mayor to serve for the year 2023 and asked the City Council to approve the appointment for a one-year term by roll call vote.
Councilmember Hernandez accepted the nomination
There being no public comments, Mayor O' Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe ! Barber -Martinez 41pJ to approve the appointment of Councilmember, District 2 Rachel Hernandez to Vice Mayor for the year 2023.
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Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS. None / ABSENT. Jones Cruz/ ABSTAINED: None
Item 11. 2 Annual Consideration of the City Council Appointments to Intergovernmental Boards and Committees and Appointments to the Internal City Committees for the year 2023. - It is recommended that the 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 2023.
City Clerk Hernandez presented a comprehensive staff report and PowerPoint Presentation on the Annual Consideration of the City Council Appointments to Intergovernmental Boards and Committees and Appointments to the Internal City Committees for the year 2023.
City Council discussed annual appointments to Intergovernmental Boards and Committees and Appointments to Internal City Committees for the Year 2023.
Mayor O'Brien Opened Public Comment at 7:04 P.M.
Mayor O'Brien Closed Public Comment at 7.04 P.M.
There being no public comments, Mayor O'Brien brought the item back to the City Council.
ACTION: By motion moved and seconded ( HernandezlUribe 410) to ratify the Appointments to Intergovernmental Boards and Committees and Appointments to the Internal City Committees for the Year 2023 as follows:
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES. Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS: None / ABSENT. Jones Cruzl ABSTAINED. None
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BOARD r COMMITTEE
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.
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.
STANCOG - POLICY BOARD
Meets: The 3rd Wednesday of each month; 6: pm
Location: 1111 1 Street, Suite 308, Modesto
To work together with local cities to enhance communication, cooperation and comprehensive planning in dealing with
regional issues.
STANISLAUs HOMELESS ALLIANCE BOARD
LREsOLUTION No. _2019-032)
Meets: 1 st 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.
COUNCIL REPRESENTATIVE
Vice Mayor Rachel Hernandez
Primary)
Councilmember Luis Uribe
Alternate)
Councilmember Darlene Barber -Martinez
Primary)
Councilmember Luis Uribe
Alternate)
Mayor Richard D. O' Brien
Primary)
Vice Mayor Rachel Hernandez
Alternate)
Councilmember Darlene Barber Martinez
primary)
If and when the final decision is made by
the East County Cities to assign Riverbank
as the second representative city.
City Manager
per bylaws serves as the Alternate)
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BOARD 1 COMMITTEE
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
NEW " INTEREST GROUP MEMBER" OF THE STANISLAUS
COUNTY WORKFORCE DEVELOPMENT BOARD
formerly the Stanislaus Business Alliance Board that
ended 6/2016)
Meets: The 1 st Monday of the 15t month of every quarter 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.
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.
COUNCIL REPRESENTATIVE
Councilmember Luis Uribe
Primary)
Vice Mayor Rachel Hernandez
Alternate)
Note: The appointed Councilmember serves
a 2 -year term; ending 12/ 2025.)
Councilmember Darlene Barber- Martinez
Primary)
Councilmember Leanne Jones Cruz
Alternate)
Note: The Stanislaus County Workforce
Development Agency is a County Agency;
not to be confused with Opportunity
Stanislaus Agency, which is a nonprofit
organization; a separate entity.)
Councilmember Leanne Jones Cruz
Primary)
Councilmember Darlene Barber Martinez
Alternate)
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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.
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.
SISTER CITY
Meets:
Location:
Councilmember Luis Uribe
Primary)
Councilmember Rachel Hernandez
Alternate)
Note: This committee has been inactive for
the past (3) years.)
Councilmember Darlene Barber -Martinez
Primary)
Councilmember Rachel Hernandez
Alternate)
Councilmember Luis Uribe
Primary)
Councilmember Rachel Hernandez
Primary)
Item 11. 3 Adjustments to the 2023 Regular City Council Meetings Schedule- It is recommended that the City Council cancel the regular City Council meetings of July 11th, August 8th, November 28th and December 26th, for a modified summer schedule and to minimize conflicts with Holiday Activities.
City Council discussed item with staff.
City Manager Garcia gave a comprehensive staff report on the suggested adjustments to the City Council Meetings Schedule for 2023 to cancel the meetings of July 8, August 11, November 28, and December 26, for a modified summer schedule and to minimize conflicts with Holiday activities by a roll call vote.
There being no public comments, Mayor O'Brien brought the item back to the City Council.
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ACTION: By motion moved and seconded ( Uribe_/ Hernandez 410} to approve the cancellation of the July 11th, August 8th, November 28th, and December 26th, 2023 City Council meetings, for a modified summer schedule and to minimize conflicts with Holiday activities.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS: None / ABSENT: Jones Cruz/ ABSTAINED: None
Item 11. 4 A Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms- It is recommended that the City Council consider adopting a Resolution declaring the existence of a local emergency in response to the 2023 winter storms. ( Consideration of this item is subject to a majority vote by the City Council for inclusion to the agenda pursuant to Cal. Gov. Code §54954. 2( b)( 1).
RECOMMENDATION:
By motion moved and seconded ( Uribe / Hernandez 410] to consider Item
11. 4 Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms.
City Manager Garcia gave a comprehensive staff report on the existence of a local emergency in response to the 2023 winter storms.
City Council discussed item with Staff.
Mayor O'Brien Opened Public Comment at 7: 14 P. M.
Mayor O'Brien Closed Public Comment at 7: 14 P.M.
There being no public comments, Mayor O'Brien brought the item back to the City Council.
ACTION: By motion moved and seconded {Barber -Martinez / Uribe410) to approve Resolution 2023-003 Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber -Martinez, and Mayor O'Brien NAYS: None / ABSENT: Jones Cruz IABSTAINED: 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 advised the City Council and the public on the following items.
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4 Reminding Residents there are Self -Serve Sand bags located at our Public Works Corporation Yard, at 2902 High Street. Please bring your own shovels, we do have bags and sand available for those who may have concerns of potential flooding.
City Offices will be closed on Monday, January 16, 2023 in observance of Martin Luther King Day.
Item 12. 2 Council/Authority Member
Councilmember Uribe reported on the following.-
Will
ollowing:
Will be meeting with Assemblymember Heath Flora's Representative on Tuesday, January 17th to discuss our Recycled Water Project. On the hopes of getting an allocation from the state budget and requesting letters of support.
Councilmember Barber -Martinez reported on the following.- Attended
ollowing.
Attended the Opportunity Stanislaus Annual Investors Meeting hoping to find out who the representative from the organization is for our City.
HotWorx which is located in the Crossroads Shopping Center will be having their Grand Opening tomorrow from 3:00 P.M. to 5: 00 P.M.
The SHA ( Stanislaus Homeless Alliance) meeting is tomorrow at 1010 Tenth Street from 5.30 P.M to 7:30 P.M. All are welcome!
Shared a quote with fellow councilmembers from Andrew Carnegie " Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishments toward organizational objectives. It is the fuel that allows common people to attain uncommon results." Look forward to continue to work with all of you, to continue to move our city forward.
Councilmember Jones Cruz (ABSENT)
Vice Mayor Hernandez reported on the following:
Thank you for the trust to serve in the capacity as Vice Mayor this year.
Appointed by the Cal Cities Latino Caucus to serve for one-year term on Community Services Policy Committee, will be attending regularly scheduled meetings and representing the central Valley and our community in that capacity.
Will be keeping everyone updated.
Will be attending the Calcities New Mayors and Councilmembers Academy next week, did not get attend last year. Hoping to gain more knowledge and meet new people.
Item 12. 3 Mayor/Chair
Mayor O' Brien reported on the following:
Concerned with the amount of car donuts that are being done, we need to start efforts to curve that. Also, a lot of speeding in neighborhoods without regard for stop signs and people on the street. Hopefully Police Services can help with those efforts, and nip it.
Public Works Department have done a great job and have kept the Streets and Parks safe and clear of water.
Mark your calendars for March 25th for Blight Reduction Day hosted by Caltrans, anything you need to get rid of, that you can not get to the dump and we don't want
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dumped on the side of the road. Tires, paints, computers, plastic, anything around your house that would like to get rid of. Caltrans is trying to avoid all those items from being dumped on the side of the roads.
There have been some changes to the ARPA (American Rescue Plan) categories that we can spend on, we don' t foresee Riverbank needing to go to those new categories.
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 LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Diego Hernandez
Agency Claimed Against: City of Riverbank
There being No Public Comment, Mayor O'Brien adjourned to Closed Session at 7:22 P.M.
Reconvened from Closed Session at 7:30 P.M,
14. REPORT FROM CLOSED SESSION
Item 14.2 Report from Closed Session on Item 13. 1
LIABILITY CLAIMS
Pursuant to Government Code § 54961)
Claimant: Diego Hernandez
Agency Claimed Against: City of Riverbank
ACTION: Claim was rejected by City Council with a vote of 4/0.
14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor/ Chair O'Brien adjourned the regular meeting at 7:30 P. M. to the next regular scheduled City Council/ LRA Meeting of January 24, 2023 at 6:00 p.m.
ATTEST: (Adopted 1/ 24/2023) APPROVED:
Gabriela Hernandez Richard D. O' Brien
City Clerk / LRA Recorder Mayor/ Chair
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