CITY COUNCIL
MINUTES
CITY OF TUESDAY, MARCH 15, 2022, 1 P.M.
RIVERSIDE
PUBLIC COMMENT IN PERSON/VIRTUAL
City of Arts & Innovation ART PICK COUNCIL CHAMBER
3900 MAIN STREET
PRESENT: Councilmembers Edwards, Cervantes, Perry, and Councilwoman Plascencia.
ABSENT: Mayor Lock Dawson and Councilmembers Fierro and Hemenway.
In the absence of Mayor Lock Dawson, Mayor Pro Tem Conder called the meeting to order at 1 p.m., in the Art Pick Council Chamber.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Karen Rick spoke regarding hospice volunteers. Nancy Magi spoke regarding Senate Bill 9 and construction guidelines.
COMMUNICATIONS
INTERGOVERNMENTAL RELATIONS AND LEGISLATIVE UPDATE
There was no update on Intergovernmental relations and legislation.
HOMELESS SOLUTIONS UPDATE
The City Council received an update on homeless solutions.
SUSTAINABILITY UPDATE
The City Council received an update sustainability.
HEALTH, SAFETY, AND SECURITY UPDATES
The City Council received an update on health, safety, and security.
LEGAL UPDATE
There was no legal update given at this time.
DISCUSSION CALENDAR
FISCAL YEAR 2021-22 SECOND QUARTER FINANCIAL UPDATE - INTERFUND TRANSFER Following discussion, it was moved by Councilmember Perry and seconded by Councilwoman Plascencia to (1) receive and order filed the Fiscal Year 2021/22 Second Quarter financial update; (2) authorize the Chief Financial Officer to record an increase in revenue and appropriate expenditures in the amount of $1,000 in the Development 107-260
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Grants Fund for additional funding received from the State Office of Historic Preservation grant; (3) authorize the Chief Financial Officer to record a supplemental appropriation in the amount of $350,000 in the General Fund Parks, Recreation and Community Services department for the repair of Shamel Park pool; (4) authorize the Chief Financial Officer to record a supplemental appropriation in the amount of $191,816 in the Community Facilities District 90-1 Highlander Fund for irrigation maintenance; (5) authorize the Chief Financial Officer to record an interfund transfer of Wellness Program Donations from the General Fund to the Grants and Restricted Programs Fund in the amount of $46,679.90; and (6) authorize the Chief Financial Officer to record a supplemental appropriation in the amount of $270,000 in the General Fund for increase in fuel costs for Police and Fire apparatus. The motion carried unanimously.
MEASURE Z - BID 7872 - FISCAL YEAR 2020-21 ARTERIAL AND MINOR STREETS MAINTENANCE PHASES 1 AND 2
Following discussion, it was moved by Councilmember Cervantes and seconded by Councilmember Perry to (1) award a construction contract for Bid 7872 for Fiscal Year 2020/21 Arterial and Minor Streets Maintenance, Phase 1 and Phase 2 to Onyx Paving Company, Inc., Anaheim, in the amount of $4,384,000; and (2) authorize the City Manager, or his designee, to execute the construction contract with Onyx Paving Company, Inc., including making minor and non-substantive changes. The motion carried unanimously.
2021 ANNUAL PROGRESS REPORT FOR IMPLEMENTATION TO GENERAL PLAN 2025 Following discussion, it was moved by Councilmember Cervantes and seconded by Councilmember Edwards to (1) receive and order filed the 2021 Annual Progress Report for the City of Riverside's General Plan 2025; (2) direct staff to submit the Annual Progress Report for the City of Riverside's General Plan 2025 to the Governor's Office of Planning and Research and the California Department of Housing and Community Development, pursuant to California Government Code Section 65400 (a) (2); (3) include the National Trust for Historic Preservation's recognition of the Trujillo Adobe as one of America's 11 Most Endangered Historic Places; (4) clarify that the Emergency Rental Assistance Program applies to all income-qualified households impacted by COVID-19, whereas the non-emergency Rental Assistance Program is available to individuals and households experiencing homelessness; and (5) add the ongoing Update to the 5-Year Plan to Reduce Homelessness including Council approval of the Six Pillars of the Plan, approved in 2021. The motion carried unanimously.
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CLOSED SESSIONS
The Mayor and City Council adjourned to closed sessions pursuant to Government Code (1) §54956.9(d) (1) to confer with and/or receive from legal counsel concerning William Schellhous v. City of Riverside, WCAB Claim No. (s): 200037; (2) §54957 (a) for consultation with Chief of Police Larry Gonzalez and Chief Information Officer George Khalil regarding threat to public services or facilities; (3) §54956.9 (d) (2) to confer with and/or receive advice from legal counsel concerning significant exposure to litigation regarding one case: (4) §54956.9(d)(4) to confer with and/or receive advice from legal counsel concerning the City Council deciding whether to initiate litigation regarding one case; and (5) §54957.6 to review the City Council's position and instruct designated representatives regarding salaries, salary schedules, or compensation paid in the form of fringe benefits of all Executive Management employees including the City Attorney and City Clerk, all Management and Confidential employees as defined by PERS, Fire Management Unit, Riverside City Firefighters Association, Riverside Police Officers Association (Police and Police Supervisory Units), Service Employees International Union #721, International Brotherhood of Electrical Workers #47, and Riverside Police Administrators Association.
RECESS
The Mayor Pro Tem and City Council recessed at 2:59 p.m. and reconvened at 6:15 p.m. with Mayor Pro Tem Conder presiding and all Councilmembers present except Councilmember Fierro.
The Invocation was given by Pastor Bronson Pono Lopez of La Sierra University.
The Pledge of Allegiance was given to the Flag.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Edwards reported on Accessory Dwelling Unit workshop at California Air Resources Board and Opening day at Reed Park. Councilmember Cervantes reported on Carmen and Dale Roberts Women's Conference at Riverside Community College and the Accessory Dwelling Unit workshop at California Air Resources Board. Councilwoman Plascencia reported on Ward 5 March virtual office hours, the youth office hours at Bourne's Youth Innovation Center, the Inland Empire Workforce, the International Indian Grocery grand opening, the Spanish Town Heritage Trujillo Adobe open house, Arlington 107-262
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Little League opening day, American Youth Soccer, the Ward 5 beautification project with Keep Riverside Beautiful, and the California League of Cities event. Councilmember Conder reported on National Defense Association Summit in Washington D.C., and attendance of Don Dicks memorial service.
The City Council Safety, Wellness, and Youth Committee will conduct an in person and virtual meeting at 1 p.m. on Wednesday, March 16, 2022, at the Art Pick Council Chamber.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Karen Rice spoke regarding hospice volunteers. Dave Stahovich spoke regarding Item No. 19, adoption of an Ordinance to amend Chapter 2.78 of the Riverside Municipal Code. Elizabeth Ayala spoke regarding support of Mobile Food Trucks ordinance.
PUBLIC HEARINGS/PLANNING REFERRALS AND APPEALS
REGULATION OF MOBILE FOOD VENDORS - ORDINANCE INTRODUCED - CONTINUED FROM FEBRUARY 8, 2022
Hearing was called to consider the proposed changes to amend Riverside Municipal Code Chapter 5.36 regarding mobile vending/food trucks. Eighteen people spoke on the matter. The public hearing was officially closed.
Following discussion, it was moved by Councilmember Edwards and seconded by Councilwoman Plascencia to (1) approve and introduce an ordinance revising mobile vending/food trucks - Riverside Municipal Code Chapter 5.36; and (2) direct staff to add amendments to Chapter 5.36.070(e), Vending vehicles shall not operate out of metered parking stalls and shall respect all curb marking and posted signage including, but not limited to loading zones, bus stops, and restricted parking areas. curb markings and posted signage and Chapter 5.36.070(n), No vending vehicle shall stop or conduct business in any designated alley, except when an encroachment permit and traffic control plan is approved by the City Traffic Engineer and Fire Marshal; whereupon, an Ordinance entitled, "An Ordinance of the City of Riverside, California, Amending Chapter 5.36 of the Riverside Municipal Code Regarding Regulation of Mobile Food Vendors, was presented and introduced. The motion carried with Councilmembers Edwards, Cervantes, Perry, and Hemenway and Councilwoman Plascencia voting aye, Councilmember Conder voting noe, and Councilmember Fierro being absent. 107-263
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CONSENT CALENDAR
It was moved by Councilmember Hemenway and seconded by Councilmember Perry to approve the Consent Calendar as presented affirming the actions appropriate to each item, with the items regarding (1) California State Library Building Forward Infrastructure grant program correcting the staff report, page 2, under paragraph 2, background section to read as, "which is not considered a priority project in the California State Library grant RFP, but is a priority project for the City of Riverside," and (2) adoption of an Ordinance of the City of Riverside, amending Chapter 2.78 of the Riverside Municipal Code, regarding Code of Ethics and Conduct removed from the Consent Calendar for separate discussion. The motion carried unanimously.
BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS
The Mayor and City Council (1) considered reappointments of Al Contreras to the Airport Commission and John Krick to the Commission on Disabilities for second terms through March 1, 2026; (2) appointed Sorrelle Ellis to the Budget Engagement Commission Ward 1 Business seat for a term through March 1, 2026; and (3) appointed Arturo Loza to the Ward 5 seat on the Transportation Board for a term through March 1, 2025.
MINUTES
The minutes of the City Council regular meeting and the City Council and Board of Ethics Joint Special meetings for March 1, 2022, were approved as presented.
RENTAL FEES INCREASE FOR USE OF UNDEVELOPABLE RIVERSIDE AND GAGE CANALS
PARCELS - FUTURE CANAL USE LICENSE AGREEMENT
The City Council (1) approved the proposed increased rental rates for the use of undevelopable Riverside Canal and Gage Canal parcels for Open Space or Single- Family Residential use at $0. 17 per square foot annually, and all other uses, including Multi- Family, Commercial, Industrial, etc., at $0.66 per square foot annually; (2) approved the $300 annual fee charged to all utility companies with utility crossings on canal parcels; and (3) authorized the City Manager, or designee, to execute Canal Use License Agreements for undevelopable Canal Parcels under the terms set forth in the staff report.
FISCAL YEAR 2021-22 SECOND QUARTER CASH, INVESTMENTS, AND DEBT REPORTS The City Council received and ordered filed the Fiscal Year 2021/22 Second Quarter cash, investments, and debt Report.
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2021 STATE HOMELAND SECURITY PROGRAM - SUPPLEMENTAL APPROPRIATION -
RESOLUTION
The City Council (1) adopted a Resolution to accept the United States Department of Homeland Security 2021 State Homeland Security Program (SHSP) grant award to fund an access control system for Downtown Fire Station One; (2) upon receipt of the grant award, authorized an increase in revenue and appropriation expenditures in an amount equal to the grant award, in the Grants and Restricted Programs Fund, 2021 State Homeland Security Program; and (3) authorized the City Manager, or designee, to execute all grant documents with the United States Department of Homeland Security 2021 State Homeland Security Program Grant, including making minor and non- substantive changes; whereupon, the title having been read and further reading waived, Resolution No. 23834 of the City Council of the City of Riverside, California, Authorizing the Submission of Application and Acceptance of Grant Award from the U.S. Department of Homeland Security through the California Office of Emergency Services for the Fiscal Year 2021 State Homeland Security Program Grant (SHSP) And Authorizing the Execution of All Required Documents by the City Manager or his Designee; and Amending the Budget for Fiscal Year 2021-2022 Accordingly, was presented and adopted.
MEASURE Z - CALIFORNIA STATE LIBRARY BUILDING FORWARD LIBRARY INFRASTRUCTURE
GRANT PROGRAM - SUPPLEMENTAL APPROPRIATION
The City Council (1) approved and authorized the City of Riverside to apply on behalf of the Riverside Public Library for the California State Library Building Forward Library Infrastructure grant program for $10,051,333 with a $5,000,000 City match and $1,500,000 contingency from the Measure Z Fund unallocated reserves and $25,667 from General Services, Measure Z Fund, Annual Deferred Maintenance Program for renovations at Orange Terrace Library, Arlington Library, Arlanza Library, and SPC Jesus S. Duran Eastside Library; (2) authorized the Chief Financial Officer to issue a letter to the Grantor verifying available matching funds for 20010-B Orange Terrace Parkway, 9556 Magnolia and 8267 Philbin Avenues, and 4033 Chicago Street., Suite C; and (3) authorized the City Manager, or his designee, to sign any Grant applications, extensions, or related documents for a successful application to the California State Library Building Forward Library Infrastructure grant program, making minor corrections as necessary.
STATE OFFICE OF TRAFFIC SAFETY - SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT -
SUPPLEMENTAL APPROPRIATION
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The City Council (1) approved the submission of a grant application in the amount up to $437,341.66 from the State of California, Office of Traffic Safety for Fiscal Year 2022-23; (2) upon receipt of the grant award, authorized the Chief Financial Officer, or designee, to record and increase in revenues and appropriate expenditures in the amount of the grant award to the Grants and Restricted Programs Fund, Police State Office of Traffic Safety Grant Account; and (3) authorized the City Manager, or designee, to execute the grant documents with the State of California, Office of Traffic Safety, including making minor and non-substantive changes.
MEMORANDUM OF UNDERSTANDING - PUBLIC SAFETY REALIGNMENT AND
REIMBURSEMENT
The City Council (1) approved the Memorandum of Understanding between the Riverside County Probation Department and Post-Release Accountability and Compliance Team for reimbursement of personnel costs related to Public Safety Realignment; (2) authorized the City Manager, or designee, to execute all necessary documents, including making minor and non-substantive changes; and (3) authorized upon approval of the Memorandum of Understanding, the acceptance of Riverside County Probation Department funds in the amount of $270,000 for reimbursement of City personnel costs related to Post-Release Accountability and Compliance Team, to be deposited into the PACT Police Receipts Account.
GRANTS AND SPECIAL PROGRAMS FUND - OVERTIME AND MAINTENANCE REIMBURSEMENT
IN VARIOUS LOCAL, STATE, AND FEDERAL TASK FORCES - SUPPLEMENTAL APPROPRIATION The City Council (1) increased revenues and authorized supplemental appropriations in the amount of $533,475 in the Grants and Special Programs Fund, Various Programs listed in the staff report; and (2) authorized the City Manager, or designee, to execute all documents necessary to receive reimbursement of funds for services performed in cooperation with the task forces listed, herein.
DISCUSSION CALENDAR
CODE OF ETHICS AND CONDUCT AMENDMENT - CONTINUED
Following discussion, it was moved by Councilmember Cervantes and seconded by Councilmember Conder, to continue to a later date for adoption of an Ordinance amending Chapter 2.78 of the Riverside Municipal Code regarding Code of Ethics and Conduct related to preparation of findings by a hearing panel and appeal procedures, 107-266
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as discussed by City Council at Code of Ethics and Conduct Annual Review. The motion carried unanimously.
WAIVER OF LAWYER-CLIENT PRIVILEGE FOR ALL MEASURE MM COMMUNICATIONS Following discussion, Councilmember Conder moved that the City Council consider waiving the lawyer-client privilege for all Measure MM communications protected by and pursuant to Evidence Code Section 954; (2) the extent City Council approval needs to be granted, consider waiving the attorney work product privilege related to Measure MM attorney work product; and (3) the extent the attorney is the holder of the attorney work product privilege and to the extent it applies, consider directing the City Attorney to request waivers of the attorney work product privilege related to Measure MM from the various attorneys whose work product may be protected by the privilege.
Following further discussion, a substitute motion was made by Councilmember Plascencia and seconded by Councilmember Perry to decline the invitation to waive the attorney client privilege, the attorney work product privilege and provide each member of the City Council the opportunity to review all attorney-client privileged information and attorney work product for evidence of a crime or fraud and disclose the same since this information is not protected by the privilege, in addition, turn over any work product that evidences a crime or fraud to the appropriate public prosecutor. The motion carried with Councilmembers Edwards, Cervantes, Perry, and Hemenway and Councilwoman Plascencia voting aye, Councilmember Conder voting noe.
COMMUNICATIONS
CITY ATTORNEY REPORT ON CLOSED SESSIONS
City Attorney Norton announced there was no reportable action taken during closed sessions.
ITEMS FOR FUTURE CITY COUNCIL CONSIDERATION
There were no future items requested at this time.
The City Council adjourned at 8:48 p.m.
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Respectfully sybmitted,
DONESIA GAUSE
City Clerk
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