City Council

City of Riverside Mayor Patricia Lock Dawson City Council Councilmembers: Erin Edwards Clarissa Cervantes Ronaldo Fierro Chuck Conder Agenda - Revised Gaby Plascencia Jim Perry Steve Hemenway Meeting Date: Tuesday, November 28, 2023 3:00 PM City Hall - Art Pick Council Chamber Publication Date: Wednesday, November 22, 2023 3900 Main Street, Riverside Live Webcast at: www.RiversideCA.gov/Meeting or www.WatchRiverside.com Originally Published: November 16, 2023 MISSION STATEMENT The City of Riverside is committed to providing high quality municipal services to ensure a safe, inclusive, and livable community. Face coverings are strongly recommended. For virtual Public Comment, two options are available: VIA TELEPHONE: Call (669) 900-6833 and enter Meeting ID: 926 9699 1265 Press *9 to be placed in the queue to speak. Individuals in the queue will be prompted to unmute by pressing *6 to speak. VIA ZOOM: Use the following link: https://zoom.us/j/92696991265 Select the "raise hand" function to request to speak. An on-screen message will prompt you to "unmute" and speak. Public comments are limited to 3 minutes. Please follow along via the telephone or Zoom options above to ensure you call in at the appropriate time for your item(s). Public comments regarding items on this agenda or any matters within the jurisdiction of the City Council can be submitted via the eComment feature at www.riversideca.gov/meeting until two hours before the meeting. Email comments to City_Clerk@riversideca.gov. ******* City of Riverside Page 1 City Council Agenda - Revised November 28, 2023 Pursuant to the City Council Meeting Rules adopted by Resolution No. 23976, the Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. The City of Riverside is committed to fostering a respectful workplace that requires all employees and external stakeholders to embrace a culture of transparency and inclusivity. This includes acceptable behavior from everyone; a workplace that provides dignity, respect, and civility to our employees, customers, and the public they serve. City meetings should be a place where all members of our community feel safe and comfortable to participate. While there could be a high level of emotion associated with topics on this agenda, the City would like to set the expectation that all members of the public use language appropriate to a collaborative, professional, and respectful public environment. The City is resolute in its commitment to eliminate any form of harassment, discrimination, or retaliation in the workplace. The City maintains a zero-tolerance policy for harassment, discrimination, and retaliation in compliance with new harassment and discrimination laws. ******* LISTENING ASSISTIVE DEVICES are available for the deaf and hard of hearing. The City of Riverside wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by 42 U.S.C. §12132 of the Americans with Disabilities Act of 1990. Any person requiring a modification or accommodation in order to participate in this meeting may contact the City's ADA Coordinator at 951-826-5427 at least 72 hours before the meeting, if possible. TTY users call 7-1-1 for telecommunications relay services (TRS). Agenda related writings or documents provided to the City Council are available in the Office of the City Clerk, at www.riversideca.gov/meeting, and in the binder located near the entrance of the Art Pick Council Chamber while the meeting is in session. PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Members of the City Council. City of Riverside Page 2 City Council Agenda - Revised November 28, 2023 3 P.M. MAYOR CALLS MEETING TO ORDER PUBLIC COMMENT Audience participation is encouraged. Public comments are limited to 3 minutes. 1 To comment on Closed Sessions and any matters within the jurisdiction of the City Council, you are invited to participate in person or call at (669) 900-6833 and enter Meeting ID: 926 9699 1265. Press *9 to be placed in the queue to speak. Individuals in the queue will be prompted to unmute by pressing *6 when you are ready to speak. To participate via ZOOM, use the following link: https://zoom.us/j/92696991265. Select the "raise hand" function to request to speak. An on-screen message will prompt you to "unmute" and speak. COMMUNICATIONS 2 Intergovernmental relations and legislative update (City Manager) (All Wards) (5-minute presentation) 3 Homeless solutions update (Housing and Human Services) (All Wards) (5-minute presentation) 4 Sustainability update (City Manager) (All Wards) (5-minute presentation) 5 Legal Update (City Attorney) (All Wards) (5-minute presentation) 6 Declaration of conflicts of interest on any agenda items (City Council) PRESENTATIONS 7 Fire Department overview and employee recognition (Fire) (All Wards) (5-minute presentation) Attachments: Report Presentation 8 General Services Department overview and employee recognition (General Services) (All Wards) (5-minute presentation) Attachments: Report Presentation City of Riverside Page 3 City Council Agenda - Revised November 28, 2023 PUBLIC HEARINGS/PLANNING REFERRALS AND APPEALS Audience participation is encouraged. Public comments are limited to 3 minutes. Press *9 to be placed in the queue to speak when the discussion item is called. 9 Case PR-2021-001108 - Guillermo Landeros - Councilmember Cervantes referred the matter of the Development Review Committee approval for Design Review and Grading Exception to permit the construction of a 3,154 square foot single-family residence and a 971 square foot accessory dwelling unit on a 2.47-acre vacant parcel - Staff recommends City Council uphold decision of Development Review Committee, determine project is categorically exempt from further California Environmental Quality Act (CEQA) review pursuant to Section 15303 (New Construction or Conversion of Small Structures) as it will not have a significant effect on the environment - East of Mt. Vernon Avenue between Massachusetts and Marlborough Avenues (Community and Economic Development) (Ward 2) (15-minute presentation) Attachments: Report Attachment 1 - Development Review Committee Report - February 22, 2023 Attachment 1b - Development Review Committee Report - February 22, 2023 Attachment 2 - Referral Request from Council member Cervantes - February 23, 2023 Attachment 3 - Location Map Attachment 4 - General Plan Map Attachment 5 - Zoning Map Attachment 6 - Project Plans Presentation Notice 10 Introduce an Ordinance of the City of Riverside, California, amending Chapter 3.30 of the Riverside Municipal Code, to add additional categories to the Schedule of Regulation, Products, or Services titled Hazardous Materials Usage Permit IV (Business Emergency Plan), Hazardous Materials Usage Permit V (Business Emergency Plan), Above Ground Petroleum Storage Act (ASPA) - Tier I, Above Ground Petroleum Storage Act (ASPA) - Tier II, and Above Ground Petroleum Storage Act (ASPA) - Tier III Fees - A Resolution of the City Council of the City of Riverside, California, amending the City’s Master Fees and Charges Schedule in Resolution No. 21960, as amended, approving changes to the Fire Department’s fees as a participating agency under the Certified Unified Program to reflect 100% cost recovery for hazmat fees for Hazardous Materials Usage/Permit I (Business Emergency Plan), Hazardous Materials Usage Permit II (Business Emergency Plan), Hazardous Materials Usage/Permit III (Business Emergency Plan), Hazardous Materials Usage/Permit IV (Business Emergency Plan), Hazardous Materials Usage/Permit V (Business Emergency Plan), Above Ground Petroleum Storage Act (ASPA) - Tier I, Above Ground Petroleum Storage Act (ASPA) - Tier II, City of Riverside Page 4 City Council Agenda - Revised November 28, 2023 and Above Ground Petroleum Storage Act (ASPA) - Tier III - Waive further reading (Fire) (All Wards) (10-minute presentation) Attachments: Report Ordinance Presentation Notice DISCUSSION CALENDAR Audience participation is encouraged. Public comments are limited to 3 minutes. 11 Agreement with Ohmio, Inc., for not-to-exceed $2.5 million to establish international headquarters, manufacturing, and point of sale, and research and development center for all-electric, autonomous vehicle shuttles and to deploy three all-electric, autonomous shuttles for a two-year pilot program - Appropriate $525,000 from General Fund reserves for Fiscal Year 2023-24 costs - Five affirmative votes required (Community and Economic Development) (All Wards) (10-minute presentation) Attachments: Report Ohmio Health and Safety Report Agreement Presentation 12 A Resolution of the City Council of the City of Riverside, California, ordering, calling, providing for and giving notice of a Municipal Election to be held in the City of Riverside on the 5th day of March, 2024, for the purpose of submitting to the qualified Electors of the City of Riverside, a measure to adopt an ordinance imposing a Cannabis Business Tax of up to ten percent (10%) of gross receipts, and giving notice and ordering that said Municipal Election is consolidated with the Statewide General Election and all other elections being held in the same territory on the same date - Waive further reading - Introduce an Ordinance of the City Council of the City of Riverside, California, adding Chapter 5.78, entitled “Cannabis Business Tax,” to the Riverside Municipal Code to implement a Cannabis Business Tax, to become operative and enforceable upon approval by the voters of the City of Riverside of the measure entitled, "City of Riverside Cannabis Business Tax Measure" - Consent to the Registrar of Voters rendering election services to the City as requested by the City Clerk and as stated in the Memorandum of Understanding with the County of Riverside - Direct City Clerk to transmit a copy of the measure to the City Attorney for preparation of an impartial analysis - Determine if Mayor or Members of the City Council wish to author ballot arguments (Community and Economic Development) (All Wards) (10-minute presentation) City of Riverside Page 5 City Council Agenda - Revised November 28, 2023 Attachments: Report Resolution Ordinance Presentation CLOSED SESSIONS Time listed is approximate. The City Council may adjourn to the below listed Closed Sessions at their convenience during this City Council meeting. 13 Pursuant to Government Code §54956.9(d)(1) to confer with and/or receive advice from legal counsel concerning Malyah Jane Vance and Jayde Downey v. City of Riverside, et al., Riverside Superior Court Case No. RIC 1905830 Attachments: Report 13a Pursuant to Government Code §54956.9(d)(1) to confer with and/or receive advice from legal counsel concerning Xavier Lopez v. City of Riverside, et al., United States Central District Court Case No. 5:21-cv-02140- PSG (JCx) Attachments: Report 14 Pursuant to Government Code §54957(a) for consultation with Chief of Police Larry Gonzalez, or his respective deputy, and Chief Information Officer George Khalil regarding threat to public services or facilities Attachments: Report 15 Pursuant to Government Code §54956.9(d)(2) to confer with and/or receive advice from legal counsel concerning anticipated litigation - one case Attachments: Report 16 Pursuant to Government Code §54956.9(d)(4) to confer with and/or receive advice from legal counsel concerning the City Council deciding whether to initiate litigation - one case Attachments: Report City of Riverside Page 6 City Council Agenda - Revised November 28, 2023 17 Pursuant to Government Code §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 except the City Manager, 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 Attachments: Report 6:15 P.M. INVOCATION - Councilmember Edwards PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENT Audience participation is encouraged. Public comments are limited to 3 minutes. 18 To comment on the Consent Calendar and any matters within the jurisdiction of the City Council, you are invited to participate in person or call at (669) 900-6833 and enter Meeting ID: 926 9699 1265. Press *9 to be placed in the queue to speak. Individuals in the queue will be prompted to unmute by pressing *6 when you are ready to speak. To participate via ZOOM, use the following link: https://zoom.us/j/92696991265. Select the "raise hand" function to request to speak. An on-screen message will prompt you to "unmute" and speak. MAYOR/COUNCILMEMBER COMMUNICATIONS 19 Brief reports on conferences, seminars, and regional meetings attended by Mayor and City Council, Ward updates, and announcements of upcoming events Announcement of Committee meetings: Economic Development/Placemaking/Branding/Marketing Committee special meeting at 3 p.m., on Thursday, November 30, 2023, Art Pick Council Chamber Land Use, Sustainability and Resilience Committee at 3:30 p.m., on Monday, December 11, 2023, Art Pick Council Chamber City of Riverside Page 7 City Council Agenda - Revised November 28, 2023 CEREMONIAL PRESENTATION 20 RIVERSIDE PROSPERS Success Report - Zacatecas Mexican Café (Ward 2) (5-minute presentation) CONSENT CALENDAR - Item # 21-45 All matters listed under the CONSENT CALENDAR are considered routine by the City Council and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, Members of the City Council or staff request specific items be removed from the Consent Calendar for separate action. City Clerk 21 Minutes of November 7 and 14, 2023 Attachments: Minutes 11-7-23 Minutes 11-14-2023 22 Appoint Kianna A. Williams to Board of Library Trustees Ward 6 seat (All Wards) Attachments: Report City Council 23 Mayor Pro Tem Edwards recommends cancellation of December 5, 2023, regular City Council meeting due to lack of agenda items (All Wards) Attachments: Report Community and Economic Development 24 Master Agreements with (1) R&R B Inc., for general abatement, (2) Twin Builders, California Building Maintenance, and Master Landscape and Maintenance Inc., for weed abatement and (3) E&S Towing Inc., for abandoned vehicle abatement for not-to-exceed $300,000 per agreement and not-to-exceed $50,000 per project from Community Development Department Code Enforcement Division Budget through November 28, 2026 (All Wards) City of Riverside Page 8 City Council Agenda - Revised November 28, 2023 Attachments: Report R&R B, Inc Twin Builders Jeff Brown dba California Building Maintenance Master Landscapes & Maintenance, Inc. E&S Towing Bid Award Recommendation 2275 Bid Award Recommendation 2280 Bid Award Recommendation 2296 25 Purchase, Sale and Development Agreement with Mo Nekoonam for sale price of $252,600 minus related title, escrow, and miscellaneous closing costs not-to-exceed $7,000 for approximately 42,100 square feet of vacant City-owned land, bearing Assessor’s Parcel Numbers 190-035-003 and 190-035-004 (Ward 3) Attachments: Report PSD Agreement Presentation Fire 26 Accept 2022 National Urban Search and Rescue (USAR) Response System Readiness Cooperative Agreement grant amendment increase of $158,477 for total amount of $1,504,627 from Department of Homeland Security for salaries and benefits of 1.0 FTE Fire Captain, 1.0 FTE Battalion Chief, 1.0 FTE Inventory Control Specialist and 1.0 FTE Management Analyst for Fiscal Year 2023-24 - Supplemental appropriation - Five affirmative votes required (All Wards) Attachments: Report USAR Supplemental Funding Notification General Services 27 Purchase of one 2023 Ford Transit 350 cargo van from PB Loader Corporation for $70,142.54 from Library Neighborhood Services Account for the Library Department (All Wards) Attachments: Report Sourcewell Quote 11913 from PB Loader Sourcewell Contract 080521-PBL City of Riverside Page 9 City Council Agenda - Revised November 28, 2023 Housing and Human Services 28 Subrecipient Agreement with Path of Life Ministries for $233,600 for the Homeless Housing, Assistance and Prevention Program Round 1 Funding for operation costs for eight dedicated transitional youth beds at the Riverside Emergency Shelter - 2840 Hulen Place (All Wards) Attachments: Report Subrecipient Agreement 29 A Resolution of the City of Riverside, California, authorizing the submission of an application to the Regional Climate Collaboratives Round 2 Grant Program administered through the California Strategic Growth Council in an amount up to $1,750,000 and authorizing the execution of all required documents by the City Manager, or his Designee - Waive further reading - Supplemental appropriation - Five affirmative votes required (Wards 2, 6 and 7) Attachments: Report Resolution Human Resources 30 Second Amendment to Agreement with Nancy K. Bohl, Inc., doing business as The Counseling Team International, for increased contract amount of $63,848, for total amount not-to-exceed $175,520 from Human Resources, Police and Fire Department Accounts for Employee Assistance Program services to City employees and pre-employment screening services for Fire and Police Department sworn personnel through June 30, 2024 (All Wards) Attachments: Report Second Amendment to Agreement 31 A Resolution of the City Council of the City of Riverside, California, amending Resolution No. 21052 and the Master Fringe Benefits and Salary Plan to reflect the 2024 State Mandated increase to the minimum wage; salary adjustments to the existing Administrative Intern, Clerical Assistant, General Service Worker, and Technical Intern Classifications; and to revise Section 7, Sick Leave, to incorporate Senate Bill 616 regarding paid sick leave - Waive further reading (All Wards) Attachments: Report Resolution Job Code Table Fringe Benefits and Salary Plan City of Riverside Page 10 City Council Agenda - Revised November 28, 2023 32 Revisions to Human Resources Policy and Procedure Manual including Policy I-11 - Temporary Staffing Services and Policy III-2 - Personnel Records and General Personnel Files (All Wards) Attachments: Report Temporary Staffing Services (I-II) Personnel Records and General Personnel Files 33 Purchase of licensed training content and training supplies for $99,568.68 from Electric Fund Public Utilities Workforce Development Internal Training Account for 15-month Foreman Academy program for Public Utilities Energy Delivery and Water Superintendents and Supervisors (All Wards) Attachments: Report Presentation Library 34 California State Library grant of $44,759, plus an estimated final installment amount of $2,453, based on per capita of literacy program learners served combined with a match of local funds raised and expended for total of $47,212 for Adult and Family Literacy Programs - Supplemental appropriation - Five affirmative votes required (All Wards) Attachments: Report Award Letter Claim form Certification form Agreement 35 Increase Purchase Order 241896 with Midwest Tape, LLC., Holland, Ohio, for additional $30,000 for total of $60,000 annually for total contract amount of $120,000 for library materials and services (All Wards) Attachments: Report Executed Contract Museum 36 First amendment to Agreement with Stiegler Architects, P.C, dba IS Architecture, for $72,070 and authorize 15 percent change order authority in an amount up to $43,020, for a total contract amount of $329,818 from Grants and Restricted Program Fund to amend the scope and contract amount to complete architectural design for salvage of the front three rooms of Robinson House (All Wards) City of Riverside Page 11 City Council Agenda - Revised November 28, 2023 Attachments: Report Amendment to Agreement Original Agreement CC Minutes - October 9, 2018 CC Minutes - July 5, 2022 Parks, Recreation, and Community Services 37 Increase revenue and appropriate $354,000 from California Coastal Conservancy grant funds to Santa Ana River Coastal Conservancy Grant Project Account - Authorize 32.3 percent change order authority of $634,988.83 for increased compensation not-to-exceed $2,598,670.62 - Second Amendment to Agreement with MLA Green, Inc., dba Studio-MLA for Riverside Gateway Parks Project Suite - Planning and Design for Park Master Plan and California Environmental Quality Act Services for Park, Trail, and Greenway Improvements and extend term through December 31, 2025 - Five affirmative votes required (Wards 1, 3, and 7) Attachments: Report Agreement Riverside Gateway Parks Master Plans Presentation 38 Purchase four 16-passenger Paratransit vehicles for Special Transportation Division through California Association for Coordinated Transportation/Morongo Basin Transit Authority Purchasing Cooperative, Contract #20-01 from A-Z Bus Sales for $762,764.72 from Federal and State grant funds (All Wards) Attachments: Report A-Z Bus Sales, Inc. Purchase Quote Basin Transit Contract No. 20-01 Paratransit Vehicles Contract Agency Participants List Police 39 State of California Office of Traffic Safety Selective Traffic Enforcement Program grant of $464,000, Child Passenger Safety Program grant of $25,000, and Motorcycle Safety Program grant of $23,000 for overtime operations including bicycle and pedestrian enforcements, distracted driving operations, traffic enforcement operations, motorcycle safety training, child safety seat education, distributing child safety seats to families in need, and DUI saturation patrols and checkpoints from October 1, 2023 through September 30, 2024 - Supplemental appropriation - Five affirmative votes required (All Wards) City of Riverside Page 12 City Council Agenda - Revised November 28, 2023 Attachments: Report STEP Grant Agreement Child Passenger Safety Grant Agreement Motorcycle Safety Grant Agreement 40 Disbursement of $20,000 reward from Police Department Riverside Reward Program Account to one subject that came forward and supplied information aiding in identification and apprehension of suspects responsible for the attempted murder of Izaac Colunga and Domonic Castillo (All Wards) Attachments: Report 41 Appropriate $38,632.83 from Federal Treasury Asset Forfeiture Account to Grants and Restricted Programs Fund, Police Asset Forfeiture Programs - Five affirmative votes required (All Wards) Attachments: Report INCA Task Force MOU Guide to Equitable Sharing 42 Second Amendment to Agreement with Bio-Tox Laboratories, Inc., to extend for a five-year term ending June 30, 2028 for $50,000 annually or total aggregate amount of $250,000 from Police Department Budget for forensic toxicology testing services for California Highway Patrol arrests within City limits (All Wards) Attachments: Report Agreement Riverside County Amendment No. 4 43 Second and Third Amendments to Agreement with Bio-Tox Laboratories, Inc., to increase FY22/23 amount by $26,078 for total annual amount of $86,078 and extend term for five years through June 30, 2028, for annual amount of $100,000 or a total aggregate amount of $500,000, respectively, from Police Department-Management Services Professional Services Account for forensic toxicology Testing services requested by Riverside Police Department (All Wards) Attachments: Report Second Amendment to Agreement Third Amendment to Agreement Riverside County Amendment No. 4 City of Riverside Page 13 City Council Agenda - Revised November 28, 2023 Public Utilities 44 Amendment to Agreement with Staples & Associates, Inc., for an additional amount of $500,000, for total three-year contract amount of $750,000, for Refrigerated Load Program - Amendment to Agreement with Richard Heath and Associates, for an additional amount of $2,500,000, for total three-year contract amount of $3,750,000, from Public Benefit Accounts for Small Business Program (All Wards) Attachments: Report Agreement - Staples & Associates, Inc. Agreement - Richard Heath & Associates Presentation 45 Request for Proposal 2282 - Agreement Z&K Consultants, Inc., Corona, for not-to-exceed amount of $655,000 for construction inspection services for water utility capital improvement projects through December 31, 2026, with additional two-year extension option (All Wards) Attachments: Report Award Recommendation Agreement Presentation DISCUSSION CALENDAR Audience participation is encouraged. Public comments are limited to 3 minutes. 46 Third Street Grade Separation - Measure A Regional Arterials (MARA) Funding Agreement with Riverside County Transportation Commission (RCTC) for $12,000,000 for construction phase of the Third Street Grade Separation Project - Amendment 1 to Preliminary Engineering Services Agreement with Burlington Northern Santa Fe (BNSF) Railway Company for $35,000, for total agreement amount of $110,000 - Supplemental appropriation - Five affirmative votes required (Public Works) (Wards 1 and 2) (10-minute presentation) Attachments: Report Location Map RCTC MARA Funding Agreement BNSF Amendment 1 Original BNSF Agreement Project Fact Sheet Presentation City of Riverside Page 14 City Council Agenda - Revised November 28, 2023 COMMUNICATIONS 47 City Attorney report on Closed Session discussions 48 Items for future City Council consideration as requested by Mayor or Members of the City Council - City Manager/City Attorney reports ********* The next regular City Council meeting is scheduled for Tuesday, December 12, 2023 City Council meetings broadcast with closed captioning available on AT&T Channel 99, Charter Spectrum Channel 3, and Frontier Cable Channel 21 Rebroadcast Wednesdays at 9 p.m., Fridays at 1 p.m., and Saturdays at 9 a.m. View live Webcast of the City Council Meeting at: www.RiversideCA.gov/Meeting or www.WatchRiverside.com Follow on Twitter: City of Riverside (@riversidecagov) Parks, Recreation, and Community Services (@rivcaparkandrec) Riverside Fire Department (@RivCAFire) Riverside Police Department (@RiversidePolice) Riverside Public Utilities (@RPUNews) Sign up to receive critical information such as unexpected road closures, utility outages, missing persons, and evacuations of buildings or neighborhoods. www.RiversideAlert.com City of Riverside Page 15