Agenda — Norco City Council, January 5, 2022

AGENDA
City Council
Wednesday, January 5, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member

CLOSED SESSION
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation Three Cases
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION Mother Patricia Stansfield
St. John's Episcopal Church

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf
City Council Agenda - January 5, 2022

2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of December 15, 2021.

Staff Report - Pdf

2.C. Acceptance of Right-of-Way Dedication on First Street RECOMMENDATION:

Authorize the City Manager to accept the dedication of street right-of-way at APN 126-250-016 on First Street and authorize the City Clerk to record the grant deed.

Staff Report - Pdf

2.D. Acceptance of Hillside Avenue Sewer Mainline Replacement Project as Complete
RECOMMENDATION:

Accept the Hillside Avenue Sewer Mainline Replacement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

2.E. Acceptance of Norco MDP Line S-5A Extension and S-6 Storm Drain Project as Complete.

RECOMMENDATION:

Accept the Norco MDP Line S-5A Extension and S-6 Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

2.F. Approval of Reclassification of Information Technology Administrator position to Information Technology Manager
RECOMMENDATION:

Adopt Resolution 2022-01 approving reclassification of Information Technology Administrator position to Information Technology Manager; and authorizing related salary adjustment and revised Job Specification.

Staff Report - Pdf

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City Council Agenda - January 5, 2022

2.G. Updates to Western Riverside Council of Governments JPA and Bylaws.

RECOMMENDATION:

Approve the WROG JPA and Bylaws updates and amendments.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

The governmental body shall not discuss or act relative to any general public comment.

5. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

5.A. Recognition of National Holidays, Observances and Commemorative Days RECOMMENDATION:

Determine which national observances the City of Norco will formally recognize and the manner in which each observance will be recognized.

Staff Report - Pdf

5.B. City Council Appointments to Regional Boards, Standing Committees and Other City Council-Appointed Committees for Calendar Year 2022 RECOMMENDATION:

Approve the City Council appointments to the various standing committees and other governmental agencies for the 2022 calendar year.

Staff Report - Pdf

6. PUBLIC HEARING(S)

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City Council Agenda - January 5, 2022
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

6.A. General Plan Amendment 2021-02/Zone Change 2021-04 (City of Norco) RECOMMENDATION:

That the City Council:

Adopt Resolution 2022-02, approving of General Plan Amendment 2021-02; and
Adopt Ordinance 2022-01, approving Zone Change 2021-04.

Staff Report - Pdf

6.B. Continued - Public Hearing - Self-Evaluation and transition Plan for programs and services regarding compliance with the Americans with Disabilities Act, continued to January 19, 2021.

RECOMMENDATION:

Approve continuation of Public Hearing to January 19, 2021

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.B.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of December 15, 2021.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

DRAFT City Council - Dec 15 2021 - Minutes

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DRAFT - MINUTES
City Council
Wednesday, December 15, 2021
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Kevin Bash, Council Member
Greg Newton, Mayor
Katherine Aleman, Council Member
Robin Grundmeyer, Mayor Pro Tem
Ted Hoffman, Council Member

CLOSED SESSIONS
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation One Case
§54957 – Conference with Legal Counsel – Performance Evaluation Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated that there were no reportable actions taken in closed sessions.

PLEDGE OF ALLEGIANCE Council Member Aleman
INVOCATION Rabbi Suzanne Singer
Temple Beth El

PRESENTATION
Community Spirit Award - Gary Ward and Eric Burnell
Council Member Hoffman presented the Community Spirit award to Gary Ward and Eric Burnell for Their dedication to community service and to the betterment of the City of Norco.

REORGANIZATION OF CITY COUNCIL
A. Election of Mayor

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City Council Minutes - December 15, 2021
M/S BASH/GRUNDMEYER to elect Council Member Newton as Mayor for term ending December 2022. The Motion was carried by the following roll call vote:

AYES:ALEMAN, HOFFMAN, BASH, NEWTON, AND GRUNDMEYER
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE
B. Election of Mayor Pro Tem

M/S HOFFMAN/BASH to elect Council Member Grundmeyer as Mayor Pro Tem for term ending December 2022. The Motion was carried by the following roll call vote:

AYES:ALEMAN, HOFFMAN, BASH, NEWTON, AND GRUNDMEYER
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE

C. Presentation to and Comments by Outgoing Mayor Kevin Bash Mayor Newton and Council Members presented outgoing Mayor Kevin Bash with a gavel and plaque and gave him the ceremonial “Boot” filled with notes from City Council and staff. Mayor Newton and each Council Member recognized his accomplishments and dedication during his tenure as the Mayor of the City of Norco.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.

2. CONSENT CALENDAR
M/S BASH/HOFFMAN approve the Consent Calendar Items as presented. The Motion was carried by the following roll call vote:

AYES: ALEMAN, HOFFMAN, BASH, NEWTON, AND GRUNDMEYER
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE

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City Council Minutes - December 15, 2021

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Workshop and Regular Meetings Minutes of December 1, 2021.

2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on December 8, 2021
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on December 8, 2021.

2.D. Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19) 30- day review.

Action: The City Council reviewed the Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19), continued Local Emergency and asked the staff to return to City Council in thirty days, or soon thereafter, for review until emergency is terminated.

2.E. Acceptance of Bids and Award of Contract for City Hall, Nellie Weaver Hall, Riley Gym and Fire Station 57 Painting/Coating Project
Action: Accepted bids and awarded contract to Astro Painting Company, Inc. for the City Hall, Nellie Weaver Hall, Riley Gym and Fire Station 57 Exterior Painting/Coating Project in an amount of $75,900 and authorized the City Manager to approve contract change orders up to 10 percent of the original contract amount.

2.F. Fiscal Year 2020-2021 Measure R Budget to Actual Report Receive and file Fiscal Year 2020-2021 Measure R Budget to Actual Report carried

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City Council Minutes - December 15, 2021

3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the consent calendar.

4. PUBLIC COMMENTS

President of Norco City College Monica Green gave an update on the campus accomplishments from the year and what the future holds.

Kevin Michles spoke regarding poor drainage, drainage that needs repair on River Drive and please do not put the horse trail on the south side of River Drive, River and Center.

April Michles spoke regarding her opposition to add horse trail to South side of River Drive.

Bonnie Slager thanked the City Council and Staff for the Christmas Parade and Festival.

Mike Williams spoke regarding an Ordinance for Golf Cart use in the City of Norco, asked that staff look at an Ordinance from the City of Riverside.

5. LEGISLATIVE MATTER

5.A. Ordinance No. 1077, Second Reading: An Ordinance of the City Council of the City of Norco,
California, Amending Norco Municipal Code Title 10 "Vehicles and Traffic" to add Chapter 10.06 "Parking Restrictions". Code Amendment 2021-08.

M/S BASH/HOFFMAN to reject Ordinance No. 1077, Second Reading, amending Norco Municipal Code Title 10 "Vehicles and Traffic" to add Chapter 10.06 "Parking Restrictions" and Code Amendment 2021-08. Staff to review Ordinance and take back to Streets and Trails Commission for further review and return to City Council. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

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City Council Minutes - December 15, 2021

6. DISCUSSION / ACTION ITEM(S)

6.A. Santa Ana River (SAR) Homeless Encampments Update and Recommendations for Mitigation and Funding

Community Development Director Anglin introduced Karen Roper from the City of Corona to discuss the Santa Ana River (SAR) Homeless Encampments Update and she discussed recommendations for Mitigation and Funding.

Karen Roper gave an update to the City Council on the Homeless Collaboration with the City of Norco and discussed the issues in the SAR with the need for Mitigation.

Community Development Director Anglin discussed the 4 large homeless encampments that need immediate mitigation and the efforts to keep the encampments from repopulating.

The Mayor, Mayor Pro Tem and Council Members asked questions and discussed concerns for the mitigation of the encampments and the efforts to keep it from reoccurring.

Community Development Director Anglin answered questions and discussed concerns.

Mayor Newton opened public comment.

Bill Naylor and Bonnie Slager spoke in support for the mitigation and the need for safety.

Mayor Newton closed public comment.

Following further discussion motion was made.

M/S BASH/HOFFMAN Approve the emergency action by adopting Resolution No. 2021-80 to appropriate funds from the American Rescue Plan Act (ARPA) to provide emergency clean up and environmental observation of work to be performed at the Santa Ana River homeless encampment; and award a contract to Eco-Bear in the amount of $62,620 for the bio-hazard clean up of the Santa Ana River homeless encampments. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE

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City Council Minutes - December 15, 2021
ABSENT: NONE
ABSTAIN: NONE

6.B. Fiscal Year 2022-2023 Recognized Obligation Payment Schedule Including Administrative Budget
Finance Director Free presented the 2022-2023 Recognized Obligation Payment Schedule including Administrative Budget.

Mayor Newton opened public comments.

There were no public comments at this time.

Following discussion motion was made.

M/S HOFFMAN/BASH Adopt Successor Agency Resolution No. 2021-02 , approving the Recognized Obligation Payment Schedule including Administrative Budget for the Fiscal Year 2022-2023. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6.C. Acceptance of Bids and Award of contract for Parkway Irrigation and Landscaping Improvements Project, along Norco Hills Road from Hidden Valley to Parkview Drive; and Adopt Resolution Appropriating Additional Funds.

Superintendent Todd Shank presented report on the contract for Parkway Irrigation and Landscaping Improvements Project, along Norco Hills Road from Hidden Valley to Parkview Drive.

Mayor Newton opened public comments.

There were no public comments.

Following discussion motion was made.

M/S BASH/HOFFMAN Award a contract to Nova Landscape and Maintenance in an amount of $82,310 and authorize the City Manager to approve change orders up to 10% of the contract price; approve $7,000 for ongoing utilities and maintenance for the remainder of the fiscal year; and adopt Resolution No. 2021- 81 appropriating additional funds in the amount of $97,541 to cover the cost of

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City Council Minutes - December 15, 2021
the project including contingency and the $7,000 ongoing costs. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7. PUBLIC HEARING(S)

7.A. Tentative Parcel Map 38205 (CRP LDF, Saddle Ranch II, LLC): A request to subdivide 23.78 acres into four parcels on property located at 3166 Horseless Carriage Drive (APN 129-200-010) in the M-1 (Heavy Commercial/Light Manufacturing) Zone
Planning Director Robles presented report on Tentative Parcel Map 38205 (CRP LDF, Saddle Ranch II, LLC): A request to subdivide 23.78 acres into four parcels on property located at 3166 Horseless Carriage Drive (APN 129-200-010) in the M-1 (Heavy Commercial/Light Manufacturing) Zone.

Mayor Newton opened the public hearing.

There were no public comments.

Mayor Newton closed the public hearing.

Following discussion motion was made.

M/S BASH/HOFFMAN Approve Resolution No. 2021-82, approving Tentative Parcel Map 38205 The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7.B. Continued - Public Hearing - Self-Evaluation and Transition Plan for programs and services regarding compliance with the Americans with Disabilities Act, continued to January 5, 2021.

Item was continue to January 19, 2021.

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City Council Minutes - December 15, 2021
M/S GRUNDMEYER/HOFFMAN to continue to January 5, 2021. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

8. CITY COUNCIL / STAFF COMMUNICATIONS
Council Member Hoffman discussed park area on Hamner and Sixth Street and the Gateway Village Plan. He asked that this area being included in the Specific Plan.

M/S HOFFMAN/BASH to discuss the park area on Hamner and Sixth Street and the Gateway Village Plan to add the Master Plan with the Specific Plan discussion. The Motion was carried by the following roll call vote:

AYES: ALEMAN, HOFFMAN, BASH, NEWTON, AND GRUNDMEYER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Newton asked Public Works Director to follow up with the Michles family on their concerns with drainage and trails. He also asked that City Manager Okoro look at the Ordinance for Golf Carts for possible discussion.

9. ADJOURNMENT
Mayor Newton wished everyone a Merry Christmas and adjourned the meeting at 8:53 p.m.

_________________________________
Dana Roa, CMC
City Clerk

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of Right-of-Way Dedication on First Street
RECOMMENDATION:

Authorize the City Manager to accept the dedication of street right-of-way at APN 126- 250-016 on First Street and authorize the City Clerk to record the grant deed.

SUMMARY:

The developer of the parcel located on First Street (APN 126-250-016) has been requested to dedicate property for right-of-way purposes to the City of Norco in order to provide the required 44’ half-street width along First Street.

BACKGROUND:

During review of development plans for APN 126-250-016 it was determined that the public right-of-way half street along the subject property frontage was only 25 feet. In order to provide the required 44-foot half street per the City’s local street standard, a 19- foot property dedication is required to be made to the City of Norco.

The property owner has submitted an executed right-of-way legal and plat map and grant deed (Legal-Plat & Grant Deed) to the City in conformance with the Norco Municipal Code. The City Council needs to formally approve the acceptance of the dedication so that the grant deed can be recorded.

FISCAL IMPACT:

None.

RELATIONSHIP TO STRATEGIC PLAN:

Acceptance of public right-of-way is consistent with Strategic Direction #1 - Establish funding for planning, maintenance, replacement and development of infrastructure.”

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REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Legal-Plat & Grant Deed

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RECORDING REQUESTEDBY:

City ofNorco
WHEN RECORDED MAIL TO:

Ggw/UH TV"/°V/t/,09Yc
Name and title printed

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, QTran Properties, Inc., a California Corporation hereby grants in FEE SIMPLE to the CITY OF NORCO, a municipal corporation, the land in the City of Norco, County of Riverside, State of California described in Exhibit “A” (legal description) and as shown on Exhibit “B” (plat).

BY: QTranProperties, Inc.

Signature <must b
City Clerk
City ofNorco
28 70 Clark Avenue
Norco, CA 92860

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 126-250-016

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CALIFORNIA NOTARY ACKNOWLEDGEMENT
Signature
State of California
County of
On before me,
(Insert the name and title of the of?cer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(,s’)whose name (,sr) $7/aresubscribed to thewithin instrument and acknowledged to me that@/ executed the same in('y's7he#their authorized capacity(i_es), and thatshelthey by?isfhez?b eir signaturetsa on the instrument the persongs) or the entity upon behalf of which the personfsaacted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

JULIEA.HOUSER
N°t3"YPublic- California
RiversideCounty Commission# 2271545
MyComm.ExpiresJan 13, 2023
(SEAL)
WITNESS my hand and official seal. 22>.
2,

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11-24-2021
SCOTT E. OHANA LS 7526 DATE
EXP. 12-31-23
EXHIBIT"A"

THE LANDREFERREDTO HEREON IS SITUATED IN THE CITY OF NORCO, COUNTY OF RIVERSID E. STATE OF CALIFORNIAAND IS DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOT 8 IN BLOCK 13 OF RIVERSIDEORANGEHEIGHTS TRACT. IN CITY OF NORCO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 6 PAGE 74 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNINGAT THE SOUTHWEST CORNER OF SAID LOT 8. SAID POINT BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FIRST STREET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 8, NORTH 00'O1'O8" EAST 19.00 FEET TO A LINE PARALLELAND NORTHERLY 19.00’ FROM SAID NORTHERLY RIGHT OF WAY LINE; THENCE ALONG SAID PARALLEL LINE.NORTH 89' 5300" EAST 110.00 FEET; THENCE PARALLEL WITHSAID WESTERLYLINE OF LOT 8, SOUTH 00' O1'OB"WEST 19.00 FEET TO A POINT ON SAID NORTHERLYRIGHT OF WAY LINE OF FIRST STREET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE,SOUTH 89'53’0O" WEST 110.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2,090 SQUARE FEET, MORE OR LESS.

ALL AS MORE PARTICULARLYSHOWN ON EXHIBIT"B”ATTACHEDHERETO AND MADE PART HEREOF.

THIS DESCRIPTIONWAS PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONALLAND SURVEYOR'SACT.

I2}-3.I
23

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53¢‘
EXHIBIT"B
"

BASIS OF BEARINGS
THEBEARINGN B9'53'0O" W BEINGTHE NORTH RIGHT

OF WAY IJNE OF FIRST STREET AS SHOWN BY PARCEL
MAP NO. 11880, ON FILE IN BOOK 57, PAGES 5 8: 7 OF
PARCEL MAPS.RECORDSOF RIVERSIDECOUNTY.STATE
OF CALIFORNIA.
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3 ..8.5.8 m
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110.00

FIRST STREE
SCOTT E. OHANA LS 7526
EXP. 12-31-23

THIS MAP WAS PREPAREDBY ME OR UNDER MY SUPERVISION
LEGEND:
7////¢ INDICATESLANDTO BE DEDICAT
ED
P.O.B. — POINT or BEGINNING
30'
N OO'01'O8"E
P.O.B. S.W. CORNER
LOT 8
APN: 126—250—O1 6-7
S 89’53'O0" W
25'
11O4OO'
N 89'53'OO" E
I2[3I
SCALE = 1"=4-0

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of Hillside Avenue Sewer Mainline Replacement Project as Complete RECOMMENDATION:

Accept the Hillside Avenue Sewer Mainline Replacement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The Hillside Avenue Sewer Mainline Replacement Project consisted of the installation of a new 8” sewer main on Hillside Avenue between First Street and Daugherty Road.

These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

BACKGROUND:

On July 21, 2021, City Council awarded a contract to Kirtley Construction, Inc. dba TK Construction in the amount of $500,559 for the construction of the Hillside Avenue Sewer Mainline Replacement Project. The final contract amount paid to Kirtley Construction, Inc. dba TK Construction was $465,559. The reduction in the amount paid was due to the omission of asphalt street repairs. However, these repairs will be enveloped by the Hillside Street Improvement project that will begin early this year.

Kirtley Construction, Inc. dba TK Construction completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared. Staff is recommending that the City Council accept the work performed by Kirtley Construction, Inc. dba TK Construction as complete and authorize the City Clerk to record the Notice of Completion with the County Recorders’ Office.

FISCAL IMPACT:

None.

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RELATIONSHIP TO STRATEGIC PLAN:

The approval of Notice of Completion is consistent with Strategic Direction #1 – “Establish funding for planning, maintenance, replacement and development of infrastructure.” REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Notice of Completion_Hillside Sewer

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/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS

HILLSIDE AVENUE SEWER MAINLINE REPLACEMENT PROJECT AS COMPLETE IN THE CITY OF NORCO

IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 5TH DAY OF JANUARY, 2022.

THE WORK DONE: CONSISTED OF THE INSTALLATION OF A NEW 8” SEWER MAIN ON HILLSIDE AVENUE BETWEEN FIRST STREET AND DAUGHERTY ROAD IN THE CITY OF NORCO.

THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING JULY 21, 2021, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION . LOCATED IN SAN BERNARDINO, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED JULY 21, 2021, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.

THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS MARKEL INSURANCE COMPANY. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.

January 5, 2022
DATED: CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 01/05/2022 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

Page 23 of 134 ends

City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of Norco MDP Line S-5A Extension and S-6 Storm Drain Project as Complete.

RECOMMENDATION:

Accept the Norco MDP Line S-5A Extension and S-6 Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The Norco MDP Line S-5A Extension and S-6 Storm Drain Project consisted of the installation of new storm drain improvements on Temescal Avenue and on the Norco Intermediate property. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

BACKGROUND:

On May 19, 2021, City Council awarded a contract to Kirtley Construction, Inc. dba TK Construction in the amount of $343,321 for the construction of the Norco MDP Line S-5A Extension and S-6 Storm Drain Project. The final contract amount paid to Kirtley Construction, Inc. dba TK Construction was $343,321.

FISCAL IMPACT:

There is no fiscal impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

Page 24 of 134 ends

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Notice of Completion_MDP Line S-5A and S-6

Page 25 of 134 ends

/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS NORCO MDP LINE S-5A EXTENSION AND S-6 STORM DRAIN PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 5TH DAY OF JANUARY, 2022.

THE WORK DON THE INSTALLATION OF NEW STORM DRAIN IMPROVEMENTS ON TEMESCAL AVENUE AND ON THE NORCO INTERMEDIATE PROPERTY IN THE CITY OF NORCO.

THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING MAY 19, 2021, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION . LOCATED IN SAN BERNARDINO, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED MAY 19, 2021, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.

January 5, 2022
DATED: CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

Page 26 of 134 ends

City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.F.

To: Honorable Mayor and City Council Members
Prepared By: Andy Okoro, City Manager
Department: Administration
SUBJECT:

Approval of Reclassification of Information Technology Administrator position to Information Technology Manager
RECOMMENDATION:

SUMMARY:

Due to significant expansion in position responsibilities, growth in technical and management skills, staff is recommending that the City Council approve Resolution No. 2022-XX, reclassifying the current position of Information Technology (IT) Administrator to Information Technology Manager; and authorizing annual salary range of $85,019 - $103,341. This action will align the position to the current scope of responsibilities and conform the position title to those in other city governments performing the same essential duties.

BACKGROUND:

After the retirement of the previous Information Technology Manager in 2015, the duties of the Information Technology Division was administered using a Contract IT Manager; who oversaw the activities of the Division with two (2) Computer Information Services Technicians. Based on expanded job responsibilities and significant growth in IT skills by one (1) of the Technicians, the position was reclassified to IT Administrator in February 2019. This created a path to return the division to full in-house management of the functions and activities - the way it was prior to the retirement of the previous IT Manager.

Following the position reclassification, the IT Administrator assumed supervisory role of the Division; and many of the technical responsibilities performed by the Contract IT Manager. In early Fiscal Year 2021, the Contract IT Manager services were phased-out.

Page 27 of 134 ends

Since the phase-out of the Contract IT Manager services, the IT Administrator has assumed full responsibilities for the administration and management of the IT Division.

To align the current duties and responsibilities of the IT Administrator, staff is recommending reclassification of the position to IT Manager - back to the original position title before the retirement of the former IT Manager. A well qualified and dedicated IT Manager is essential and critical to all aspects of ongoing city operations.

FISCAL IMPACT:

If the recommended salary adjustment is approved, the estimated salary and benefits increase to the FY 20221-2022 Adopted Operating Budget is $12,100. Operating costs of the IT Division are allocated to other Departments/Funds through Internal Service Cost Allocation process.

RELATIONSHIP TO STRATEGIC PLAN:

The recommended reclassification and salary adjustment is consistent with Strategic Priority #2: "Engage with the community through excellent customer service, communication and programs." This action implements succession planning through proper classification and retention of employees.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Resolution to Council for Reclassification
IT Manager Job Sepecification

Page 28 of 134 ends

RESOLUTION NO. 2022-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, APPROVING RECLASSIFICATION OF INFORMATION

TECHNOLOGY ADMINISTRATOR TO INFORMATION TECHOLOGY
MANAGER; AND AUTHORIZING RELATED SALARY ADJUSTMENT
WHEREAS, the functions and activities of the IT Division were administered with a Contract IT Manager and two (2) It Technicians following the retirement of the then IT Manager in Fiscal Year 2015; and
WHEREAS, in Fiscal Year 2019, one (1) of the IT Technicians was promoted to IT Administrator based on expanded scope of responsibilities and attainment of additional technical and management skills; and
WHEREAS, the role of the Contract IT Manager was gradually reduced after the appointment of IT Administrator and ultimately phased out in Fiscal Year 2021; and WHEREAS, the IT Administrator has successfully assumed full responsibilities for operations, supervision and management of the IT Division; and WHEREAS, it is necessary to align the current job responsibilities of the IT Administrator; conform title with industry standards and the title that previously existed in the organization before the use of Contract IT Manager; and WHEREAS, the Job Specification for IT Manager has been revised as appropriate to reflect current job requirements and qualifications and is attached herewith as Exhibit A; and
WHEREAS, a well-qualified and dedicated IT Manager is essential and critical to all aspects of city operations; and
WHEREAS, the recommended reclassification and salary adjustment is consistent with the city’s succession planning and retention of employees goals; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco at a regular meeting held on January 5, 2022, approved:

1. Reclassification of IT Administrator job title to IT Manager job title including revised IT Manager Job Specification;

2. IT Manager annual salary range of $85,019 - $103,341

Page 29 of 134 ends

Resolution No. 2022-01

Page 2 ends

January 5, 2022
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on January 5, 2022.
_____________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
______________________________
Dana Roa, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on January 5, 2022, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on January 5, 2022.
_______________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachments: Exhibit A – IT Manager Job Specification

Page 30 of 134 ends

City of Norco CLASS SPECIFICATION
Adopted: 1/5/2021

INFORMATION TECHNOLOGY MANAGER

HR 1/5/2022
SALARY RANGE: $85,019 - $103,341
DEFINITION:

Under administrative supervision of the City Manager, the IT Manager plans, organizes, directs, and oversees the operations of the Information Technology Division to provide effective technology support for the achievement of the City Strategic Plan and IT Master Plan; assists in the preparation and monitoring of the departmental budget; provides expert professional assistance and internal consulting to departments on the application of information technology for achieving the City’s business and operating needs; participates in the development of City-wide plans for long-term development of capital investment in information technology; works collaboratively with consultants and intergovernmental, regulatory agencies, and various public and private groups to foster partnerships to meet city technology needs.

ESSENTIAL FUNCTIONS:

Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list of tasks is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.

TYPICAL DUTIES & RESPONSIBILITIES:
 Plans, prioritizes, and manages the day-to-day operations of the Information Technology Division, including design of network and systems architecture and configurations, system acquisition, installation, and servicing plans; hardware and software requirements and usage; security and disaster recovery plans; and technology focused data, voice, and broadcast services.  Participates in the development and implementation of goals, objectives, policies, and priorities for the city.
 Participates in the development, administration, and oversight of the division budget; recommends funding needed for staffing, equipment, materials and supplies; ensure compliance with budgeted funding.
 Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative, and support systems, and internal reporting.
 Participates in the selection of, trains, motivates, mentors, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline and termination procedures.
 Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates

Page 31 of 134 ends

City of Norco CLASS SPECIFICATION
Adopted: 1/5/2021

INFORMATION TECHNOLOGY MANAGER

HR 1/5/2022
proposals and recommends award; negotiates contracts; administers contracts to ensure compliance with City specifications and service quality.  Advises the City Manager on technology matters, represents the division in policy matters; attends meetings as directed. Oversees the delivery of systems application development and support services, network and telecommunications operations; consults with manufacturers' representatives to define equipment needs.
 Serves as a liaison for assigned functions with other City departments, divisions and outside agencies; provides staff support to City Council, Commissions, Committees and task forces as necessary.
 Works to ensure the integrity and security of City digital information through the development, regular review and enforcement of policies and procedures.  Attends and participates in professional group meetings; stays abreast of new trends and innovations in information technology; researches emerging products and enhancements and their applicability to City needs.  Performs other duties as assigned.

CLASS CHARACTERISTICS:

This is a confidential middle management position in the IT Division. The IT Manager’s duties involve a greater degree of responsibility, independent judgment and initiative with duties performed with a limited amount of direction. The incumbent is expected to solve most work related problems independently while collaborating with consultants and other departments’ staff as necessary.

CONTACTS AND RELATIONSHIP:

This position has the majority of their interaction with City Manager, department heads, other employees, vendors and consultants.

QUALIFICATION GUIDELINES:

The knowledge and abilities which are required to perform the duties and responsibilities of this class are as follows:

DESIRABLE QUALIFICATIONS:

Experience: Five years of networking, programming, systems analysis, configuration, installation, maintenance and repair or other closely related experience of which at least three years should be in a management capacity.

Education: An Associate Degree in Computer Information Systems, Computer Science, Programming or closely related field. Bachelor’s Degree is strongly preferred.

Page 32 of 134 ends

City of Norco CLASS SPECIFICATION
Adopted: 1/5/2021

INFORMATION TECHNOLOGY MANAGER

HR 1/5/2022
Knowledge: Knowledge of the principles and applications of information technology tools, including planning and development of information and telecommunications systems applicable to municipal government and similar service-based organizations; personal computer (PC) and network installation and repair procedures and methods; federal, state and City laws, regulations and ordinances related to telecommunications. Knowledge of supervision and customer service practices.

Ability: Skill in installing, repairing, updating and maintaining PCs and networks to meet end user needs; training and supporting end-users in the utilization of computers and applicable programs. Analyze problems and make decisions and recommendations on solutions; research, understand and apply proposed new technology to City operations. Using initiative and independent judgment within established guidelines and procedures. Organizing work, setting priorities and meeting critical time deadlines; skill in developing database/application software reports, oral and written communications, honesty, establishing and maintaining effective working relationships.

A typical way to obtain the knowledge and abilities is as follows:

Education: Obtain an Associate and/or Bachelor’s Degree from an accredited college or university in Computer Information Systems, Computer Science, Programming or closely related field.

AND
Experience: Five years of PC, peripherals, telephone and network systems installation, management and troubleshooting experience of which at least three years should be in a management capacity. Any combination of experience and education that would provide the required knowledge and skills would be qualifying.

License Required: Valid California Driver’s License.

PHYSICAL REQUIREMENTS:

Work is performed in an office environment. Work requires frequent standing, walking, bending, climbing, crawling, and lifting up to 40 pounds. May be exposed to extreme weather, heights, confined spaces, hazardous chemicals and dust.

SUPERVISION RECEIVED: City Manager or Assigned Department Head SUPERVISION EXERCISED: IT Analyst, CIS Technician, IT Intern, as applicable FAIR LABOR STANDARDS ACT DESIGNATION: Exempt

Page 33 of 134 ends

City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

2.G.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Updates to Western Riverside Council of Governments JPA and Bylaws.

RECOMMENDATION:

Approve the WROG JPA and Bylaws updates and amendments.

SUMMARY:

Updated version of the WRCOG Joint Powers Agreement and Bylaws for approval by City Council . The updates provided were made based on direction form a subcommittee tasked with reviewing both documents and making changes as appropriate.

BACKGROUND:

The practices, role, and needs of WRCOG have evolved over the past three decades.

The processes outlined in the formation document (Joint Powers Agreement) and the operational document (Bylaws) are updated from time to time by a subcommittee comprised of Members of the WRCOG Executive Committee in order to capture changes in the needs, intent, and focus of the Executive Committee. This item is the updates to both documents that was approved by the Executive Committee at their November 1, 2021 meeting.

FISCAL IMPACT:

There is no fiscal impact.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Report - Red Line - and Final WRCOG JPA Updates and Bylaws Amendments

Page 34 of 134 ends

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Page 36 of 134 ends

Attachment 1
JPA - red lined

Page 37 of 134 ends

20323.00002\1494125.20
Updated through XXXXXXXXNovember 1, 202118
Revised
1 JOINT POWERS AGREEMENT OF

THE WESTERN RIVERSIDE

COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq., and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside.

R E C I T A L S
A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields.

B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area-wide and regional basis through the establishment of an association of governments. The Council will explore areas of intergovernmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern.

C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:

Page 38 of 134 ends

20323.00002\1494125.20
2 I.

PURPOSE AND POWERS

1.1 Agency Created.

There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or “the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto.

1.2 Powers.

1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall:
a. Serve as a forum for consideration, study, and recommendation on area-wide and regional problems;.
b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County;.
c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services; and.
d. Serve as the clearinghouse review body for Federally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments.

1.2.2. The Council shall have the power in its own name to do any of the following;:

Page 39 of 134 ends

20323.00002\1494125.20
3 a. When necessary for the day to dayday-to-day operation of the Council, to make and enter into contracts;.
b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary;.
c. To apply for an appropriate grant or grants under any federal, state, or local programs..
d. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity;.
e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements;.
f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided.

1.2.3 The association Council shall have the power in its own name, only with the approval of all affected member agencies to:
a. Acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale..
b. To incur debts, liabilities, obligations, and issue bonds;.

II.

ORGANIZATION OF COUNCIL

2.1 Parties.

Page 40 of 134 ends

20323.00002\1494125.20
4 The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement hereto and agrees to become a member upon such terms and conditions as established by the General Assembly or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn herefrom (the “Member Agencies”). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement.

2.2 Names.

The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit “A,”, a copy of the revised Exhibit “A” shall be provided to the members.

2.3 Duties.

WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement,

Page 41 of 134 ends

20323.00002\1494125.20
5 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California.

2.4 Governing Body.

2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, and the Eastern Municipal Water District, and the Morongo Band of Mission Indians (“Morongo”) (collectively, the “General Assembly Member Agencies”). Each General Assembly Member Agency shall have one vote for each mayorMayor, council Council member, county County supervisorSupervisor, and water Water district District board Board memberMember, and tribal council members present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend by-lawsBylaws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws Bylaws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening.

2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each Water District, and the Tribal Chairman of Morongo (the “Executive Committee Members”). Each City Council,

Page 42 of 134 ends

20323.00002\1494125.20
6 at its discretion, can appoint its Mayor Pro Tem or other City Council member in place of the Mayor. Each water Water district District boardBoard, at its discretion, can appoint another Board member in place of the President. The Tribal Council of Morongo, at its discretion, can appoint another Tribal Council member in place of the Tribal Chairman.

The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the Executive Committee Members. Voting shall be cast and tallied in accordance with the by-lawsBylaws.Membership of Morongo on the General Assembly and Executive Committee of WRCOG shall be conditioned on Morongo entering into a separate Memorandum of Understanding with WRCOG.

2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents.

2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Committee.Director. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member.

2.5 Executive Director.

The Executive Director shall be the chief Chief administrative oeExecutive oOfficer of the Council. He or she shall receive such compensation as may be fixed by

Page 43 of 134 ends

20323.00002\1494125.20
7 the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
c. Serve as Secretary of the General Assembly and of the Executive Committee.
d. To attend meetings of the General Assembly and Executive Committee. e. To perform such other and additional duties as the Executive Committee may require.

2.6 Principal Office.

The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement.

2.7 Meetings.

The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Chair. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution schedule shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be

Page 44 of 134 ends

20323.00002\1494125.20
8 called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended.

2.8 Powers and Limitations of the Executive Committee.

Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council.

2.9 Minutes.

The Secretary of the Council shall cause to be kept minutes of regular, adjourned regular, and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes Minutes to be forwarded to each member.

2.10 Rules.

The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement.

2.11 Vote or Assent of Members.

The vote, assent or approval of the members in any manner as may be required hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Council. It shall be the responsibility of the Executive Director to obtain certified copies of said actions.

2.1321 Officers.

Page 45 of 134 ends

20323.00002\1494125.20
9 There shall be selected from the membership of the Executive Committee, a chairpersonChair, a vice vVice-chairperson Chair, and a second Second vice vVicechairperson Chair in accordance with the by-lawsBylaws. The Executive Director shall be the sSecretary of the Council. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officers or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the treasurer Treasurer and auditor Auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.

The chairpersonChair, vice vVice-chairperson Chair, and second Second viceVice- chairperson Chair shall hold office for a period of one year commencing at the close of the General Assembly meetingannually on July 1 of their election, and ending one year thereafter, or until his or her successor is elected. The Officers shall have the duties set forth in the by-lawsBylaws. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible.

2.1432 Committees.

The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings

Page 46 of 134 ends

20323.00002\1494125.20
10 of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act.

2.1543 Additional Officers and Employees.

The Executive Committee shall have the power to authorize such additional officers Officers and employees as may be appropriate.

2.1654 Bonding Requirement.

The officers Officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other officers Officers or persons designated or empowered by the Executive Committee. Each such officer Officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer Officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG.

2.1765 Status of Officers and Employees.

All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officersOfficers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the

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11 Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members.

2.1876 Restrictions.

Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above-described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside.

2.1987 TUMF Matters – Water Districts and Morongo.

Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Uniform Mitigation Fee (“TUMF”) for cities in Western Riverside County. The fee was established prior to the Water District’s and Morongo’s involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District and, the Eastern Municipal Water District, and Morongo General Assembly and Executive Committee Members shall not vote on any matter related to the administration of the TUMF program Program or the expenditure of TUMF revenues.

III

FUNDS AND PROPERTY

3.1 Treasurer.

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12 the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee.

3.2. Expenditure of Funds.

The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed.

3.3. Fiscal Year.

WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year.

3.4. Contributions / Public Funds.

In preparing the budget, the General Assembly, by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation, and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by-lawsBylaws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs

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13 later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG.

The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances.

All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget.

3.5 Contributions from Water Districts and oOther nNonvoting aAgency(ies) and the Morongo Band of Mission Indians.

The provision of section Section 3.4 above shall be inapplicable to the Western Municipal Water District, , the Eastern Municipal Water District, or other nonvoting agencyt, and Morongo.. The amount of contributions from these water districts and Morongo or other nonvoting agency shall be through the WRCOG budget process.

This provision shall not apply to Associate Members under Article VIII.

BUDGETS AND DISBURSEMENTS

4.1 Annual Budget.

The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year.

4.2 Disbursements.

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14 The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures, and by-lawsBylaws adopted by the Executive Committee.

4.3 Accounts.

All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq., and any other applicable laws of the State of California. There shall be strict accountability of all funds.

All revenues and expenditures shall be reported to the Executive Committee.

4.4 Expenditures Within Approved Annual Budget.

All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee.

4.5 Audit.

The Auditor shall make or contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG’s accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of

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15 him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.

4.6 Reimbursement of Funds.

Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee.

LIABILITIES

5.1 Liabilities.

The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.

5.2 Liability of Directors, Officers, and Employees.

The Directors, oOfficers, and employees of the AuthorityAgencyCouncil shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, oOfficer, or employee will be responsible for any act or omission by another Director, oOfficer, or employee. The AuthorityAgencyCouncil shall defend, indemnify, and hold harmless the individual current and former Directors, oOfficers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by California Government Code § 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law to the Member Agencies, the AuthorityAgencyCouncil, or its Directors, oOfficers, or employees.

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16 5.3 Indemnification.

The AuthorityAgencyCouncil shall acquire such insurance coverage as the BoardExecutive Committee deems necessary to protect the interests of the AgencyAuthorityCouncil, and the Member Agencies.. The AuthorityAgencyCouncil shall indemnify, defend, and hold harmless the Member Agencies and each of their respective Board members board or cCouncil members, oOfficers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the AuthorityAgencyCouncil under this Agreement.

5.2 Hold Harmless and Indemnity.

Each party hereto agree to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees.

Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive CommitteeWRCOG created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties

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17 directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. The voting for or against a matter being considered by the General Assembly or executive or other committee or WRCOG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. As used in this Section

5.2, party shall mean the Member Agencies and WRCOG
VI

ADMISSION AND WITHDRAWAL OF PARTIES

6.1 Admission of New Parties.

It is recognized that additional cities, other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum hereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council.

6.2 Withdrawal from WRCOG.

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18 It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal;.
b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party’s notice of withdrawal in a manner consist with Article V, above;. c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below;.
d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG.

VII

TERMINATION AND DISPOSITION OF ASSETS

7.1 Termination of this Agreement.

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19 Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG.

Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG.

7.2 Distribution of Property and Funds.

In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any.

VIII
IMPLEMENTATION AND PARTICIPATION AGREEMENTS;

ASSOCIATE MEMBERSHIP

8.1 Execution of Agreement.

When authorized by the Executive Committee, any affected member agency, or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program, including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement.

8.2 PACE Agreements; Associate Membership.

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20 WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy (“PACE”) programs Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements, and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of WRCOG.

Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the “PACE Agreement”) on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE program Program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG’s members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or

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21 the General Assembly, including, without limitation, the General Assembly and the Executive Committee.

MISCELLANEOUS

9.1 Amendments.

This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies.

9.2 Notice.

Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid.

9.3 Effective Date.

This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof.

9.4 Arbitration.

Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and/or WRCOG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and

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22 determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and to the Executive Director of the CouncilWRCOG. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party (including WRCOG) not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file with all other parties and with the Executive Director of the CouncilWRCOG a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent or respondents shall each designate a person to act as an arbitrator. The designated arbitrators shall mutually designate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three (3) to serve as arbitrator(s).

The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The parties to this Agreement and WRCOG agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority.

9.54 Partial Invalidity.

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23 and all of the remaining terms, provisions, sections, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.65 Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto.

9.76 Assignment.

The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties.

9.87 Execution.

The Board of Supervisors of the County of Riverside and the city City councils Councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively.

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Updated through xxxxxxxxNovember 1, 202118
Revised
24 EXHIBIT “A”
Original Members

1. City of Banning

2. City of Beaumont (rejoined June 22, 2017)

3. City of Calimesa

4. City of Canyon Lake

5. City of Corona

6. City of Hemet

7. City of Lake Elsinore

8. City of Moreno Valley

9. City of Murrieta

10. City of Norco

11. City of Perris

12. City of Riverside

13. City of San Jacinto

14. City of Temecula

15. County of Riverside

1. City of Banning 99 E. Ramsey, Banning, CA 92220

2. City of Beaumont (rejoined
June 22, 2017)
550 East 6th Street, Beaumont, CA 92223

3. City of Calimesa 908 Park Avenue, Calimesa, CA 92230

4. City of Canyon Lake 31516 Railroad Canyon Road, Canyon Lake, CA 92587

5. City of Corona 400 S. Vicentia Avenue, Corona, CA 92882

6. City of Hemet 445 East Florida Avenue, Hemet, CA 92543

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25 7. City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA 92530

8. City of Moreno Valley 14177 Frederick Street, Moreno Valley, CA 92552

9. City of Murrieta 1 Town Square, Murrieta, CA 92562

10. City of Norco 2870 Clark Avenue, Norco, CA 92860

11. City of Perris 101 North "D" Street, Perris, CA 92570

12. City of Riverside 3900 Main Street, Riverside, CA 92522

13. City of San Jacinto 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583

14. City of Temecula 41000 Main Street, Temecula, CA 92590

15. County of Riverside 4080 Lemon Street, Riverside, CA 92501 Additional City Members

1. City of Eastvale (added on 08/02/2010, Resolution 01-11)

2. City of Jurupa Valley (added on 07/29/2011, Resolution 02-12)

3. City of Menifee (added on 10/06/2008, Resolution 03-09)

4. City of Wildomar (added on 08/04/2008, Resolution 01-09)

1. City of Eastvale (added on
08/02/2010, Resolution 01-
11)
12363 Limonite Avenue, Suite 910, Eastvale, CA 91752

2. City of Jurupa Valley (added
on 07/29/2011, Resolution
02-12)
8930 Limonite Avenue, Jurupa Valley, CA 92509

3. City of Menifee (added on
10/06/2008, Resolution 03-
09)
29844 Haun Road, Menifee, CA 92586

4. City of Wildomar (added on
08/04/2008, Resolution 01-
09)
23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595
For Reference Only

THE WESTERN RIVERSIDE

COUNCIL OF GOVERNMENTS
Participating Agencies

1. Eastern Municipal Water District (membership on the Governing Board of

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26 WRCOG, 05/11/2009)

2. Western Municipal Water District (membership on the Governing Board of WRCOG, 05/11/2009)

3. Riverside County Superintendent of Schools (membership as an ex-officio, advisory member of WRCOG, 11/07/2011)

4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015) withdrawn as of November 4, 2020.

1. Eastern Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
2270 Trumble Road, Perris, CA 92572

2. Western Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
14205 Meridian Parkway, Riverside, CA 92518

3. Riverside County
Superintendent of Schools
(membership as an exofficio, advisory member
of WRCOG, 11/07/2011)
3939 Thirteenth Street, Riverside, CA 92501

4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015. Withdrawn as of November 4, 2020)

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Attachment 2
JPA - clean

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Updated through November 1,2021
Revised
1 JOINT POWERS AGREEMENT OF

THE WESTERN RIVERSIDE

COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April 1991, pursuant to Government Code Section 6500 et. seq., and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside.

C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:

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2 I.

PURPOSE AND POWERS

1.1 Agency Created.

1.2 Powers.

1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall:
a. Serve as a forum for consideration, study, and recommendation on area-wide and regional problems.
b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County.
c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services.
d. Serve as the clearinghouse review body for Federally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments.

1.2.2. The Council shall have the power in its own name to do any of the following:

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3 a. When necessary for the day-to-day operation of the Council, to make and enter into contracts.
b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary.
c. To apply for an appropriate grant or grants under any federal, state, or local programs.
d. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity.
e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements.
f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided.

1.2.3 The Council shall have the power in its own name, only with the approval of all affected member agencies to:
a. Acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale.
b. To incur debts, liabilities, obligations, and issue bonds.

II.

ORGANIZATION OF COUNCIL

2.1 Parties.

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2.2 Names.

The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit “A,” a copy of the revised Exhibit “A” shall be provided to the members.

2.3 Duties.

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5 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California.

2.4 Governing Body.

2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, and the Eastern Municipal Water District (collectively, the “General Assembly Member Agencies”). Each General Assembly Member Agency shall have one vote for each Mayor, Council member, County Supervisor, and Water District Board Members present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend Bylaws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such Bylaws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening.

2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each Water District. Each City Council, at its discretion, can appoint its Mayor Pro Tem or other City Council member in place of the Mayor. Each Water District Board, at its discretion, can appoint another Board member in place of the President. The Executive Committee shall act only upon

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6 a majority of a quorum. A quorum shall consist of a majority of the Executive Committee Members. Voting shall be cast and tallied in accordance with the Bylaws.2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents.

2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Director. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member.

2.5 Executive Director.

The Executive Director shall be the Chief Executive Officer of the Council.

He or she shall receive such compensation as may be fixed by the Executive Committee.

The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
c. Serve as Secretary of the General Assembly and of the Executive Committee.
d. To attend meetings of the General Assembly and Executive Committee.

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7 e. To perform such other and additional duties as the Executive Committee may require.

2.6 Principal Office.

2.7 Meetings.

The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Chair. The time and place of regular meetings of the Executive Committee shall be determined by the Executive Committee; a copy of such schedule shall be furnished to each party hereto.

Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended.

2.8 Powers and Limitations of the Executive Committee.

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8 2.9 Minutes.

2.10 Rules.

The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement.

2.11 Officers.

There shall be selected from the membership of the Executive Committee, a Chair, a Vice-Chair, and a Second Vice-Chair in accordance with the Bylaws. The Executive Director shall be the Secretary of the Council. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officers or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the Treasurer and Auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.

The Chair, Vice-Chair, and Second Vice-Chair shall hold office for a period of one year commencing annually on July 1 and ending one year thereafter, or until his or her successor is elected. The Officers shall have the duties set forth in the Bylaws.

2.12 Committees.

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9 The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act.

2.13 Additional Officers.

The Executive Committee shall have the power to authorize such additional Officers as may be appropriate.

2.14 Bonding Requirement.

The Officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other Officers or persons designated or empowered by the Executive Committee. Each such Officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such Officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG.

2.15 Status of Officers.

All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of Officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement.

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10 2.16 Restrictions.

2.17 TUMF Matters – Water Districts.

Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Uniform Mitigation Fee (“TUMF”) for cities in Western Riverside County. The fee was established prior to the Water District’s involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District and the Eastern Municipal Water District Executive Committee Members shall not vote on any matter related to the administration of the TUMF Program or the expenditure of TUMF revenues.

III

FUNDS AND PROPERTY

3.1 Treasurer.

The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee.

3.2. Expenditure of Funds.

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11 The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed.

3.3. Fiscal Year.

3.4. Contributions / Public Funds.

In preparing the budget, the General Assembly, by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation, and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the Bylaws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG.

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12 The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances.

All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget.

3.5 Contributions from Water Districts and Other Nonvoting Agency(ies).

The provision of Section 3.4 above shall be inapplicable to the Western Municipal Water District, the Eastern Municipal Water District, or other nonvoting agency.

The amount of contributions from these water districts or other nonvoting agency shall be through the WRCOG budget process. This provision shall not apply to Associate Members under Article VIII.

BUDGETS AND DISBURSEMENTS

4.1 Annual Budget.

The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year.

4.2 Disbursements.

The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such

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13 claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures, and Bylaws adopted by the Executive Committee.

4.3 Accounts.

All revenues and expenditures shall be reported to the Executive Committee.

4.4 Expenditures Within Approved Annual Budget.

All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee.

4.5 Audit.

The Auditor shall contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG’s accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.

4.6 Reimbursement of Funds.

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14 Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee.

LIABILITIES

5.1 Liabilities.

The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.

5.2 Liability of Directors, Officers, and Employees.

The Directors, Officers, and employees of Council shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, Officer, or employee will be responsible for any act or omission by another Director, Officer, or employee. The Council shall defend, indemnify, and hold harmless the individual current and former Directors, Officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by California Government Code § 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law to the Member Agencies, the Council, or its Directors, Officers, or employees.

5.3 Indemnification.

The Council shall acquire such insurance coverage as the Executive Committee deems necessary to protect the interests of the Council, and the Member Agencies. The Council shall indemnify, defend, and hold harmless the Member Agencies

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15 and each of their respective Board or Council members, Officers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Council under this Agreement.

ADMISSION AND WITHDRAWAL OF PARTIES

6.1 Admission of New Parties.

6.2 Withdrawal from WRCOG.

It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party,

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16 either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal.
b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party’s notice of withdrawal in a manner consist with Article V, above. c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below.
d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG.

VII

TERMINATION AND DISPOSITION OF ASSETS

7.1 Termination of this Agreement.

WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement, providing, however, that WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG.

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17 Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG.

7.2 Distribution of Property and Funds.

VIII
IMPLEMENTATION AND PARTICIPATION AGREEMENTS;

ASSOCIATE MEMBERSHIP

8.1 Execution of Agreement.

When authorized by the Executive Committee, any affected member agency, or agencies enumerated herein may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program, including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement.

8.2 PACE Agreements; Associate Membership.

WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the

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18 Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements, and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of WRCOG.

WRCOG, acting through its Executive Committee, shall be empowered to establish an “Associate Member” status that provides membership in WRCOG to local jurisdictions that are outside WRCOG’s jurisdictional boundaries but within whose boundaries a PACE Program will be established and implemented by WRCOG. Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the “PACE Agreement”) on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE Program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG’s members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee.

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19 MISCELLANEOUS

9.1 Amendments.

This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies.

9.2 Notice.

9.3 Effective Date.

9.4 Partial Invalidity.

If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.5 Successors.

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20 This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto.

9.6 Assignment.

The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties.

9.7 Execution.

The Board of Supervisors of the County of Riverside and the City Councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively.

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Revised
21 EXHIBIT “A”
Original Members

1. City of Banning 99 E. Ramsey, Banning, CA 92220

2. City of Beaumont (rejoined
June 22, 2017)
550 East 6th Street, Beaumont, CA 92223

3. City of Calimesa 908 Park Avenue, Calimesa, CA 92230

4. City of Canyon Lake 31516 Railroad Canyon Road, Canyon Lake, CA 92587

5. City of Corona 400 S. Vicentia Avenue, Corona, CA 92882

6. City of Hemet 445 East Florida Avenue, Hemet, CA 92543

7. City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA 92530

8. City of Moreno Valley 14177 Frederick Street, Moreno Valley, CA 92552

9. City of Murrieta 1 Town Square, Murrieta, CA 92562

10. City of Norco 2870 Clark Avenue, Norco, CA 92860

11. City of Perris 101 North "D" Street, Perris, CA 92570

12. City of Riverside 3900 Main Street, Riverside, CA 92522

13. City of San Jacinto 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583

14. City of Temecula 41000 Main Street, Temecula, CA 92590

15. County of Riverside 4080 Lemon Street, Riverside, CA 92501 Additional City Members

1. City of Eastvale (added on
08/02/2010, Resolution 01-
11)
12363 Limonite Avenue, Suite 910, Eastvale, CA 91752

2. City of Jurupa Valley (added
on 07/29/2011, Resolution
02-12)
8930 Limonite Avenue, Jurupa Valley, CA 92509

3. City of Menifee (added on
10/06/2008, Resolution 03-
09)
29844 Haun Road, Menifee, CA 92586

4. City of Wildomar (added on
08/04/2008, Resolution 01-
09)
23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595
For Reference Only

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22 Participating Agencies

1. Eastern Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
2270 Trumble Road, Perris, CA 92572

2. Western Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
14205 Meridian Parkway, Riverside, CA 92518

3. Riverside County
Superintendent of Schools
(membership as an exofficio, advisory member
of WRCOG, 11/07/2011)
3939 Thirteenth Street, Riverside, CA 92501

4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015. Withdrawn as of November 4, 2020)

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Attachment 3
Bylaws – red lined

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1 BY-LAWS

FOR THE

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

ARTICLE I
SECTION 1.

These Bylaws are provided for the organization and administration of the Western Riverside Council of Governments which has been established under a Joint Powers Agreement (“JPA”). These Bylaws supplement the Agreement. Capitalized terms shall have the same meaning as set forth in the JPA. In the event that the Bylaws conflict with the JPA, the JPA shall control.

ARTICLE II

GENERAL ASSEMBLY
SECTION 1. MEETINGS
A. Annual Meeting. The annual General Assembly shall meet in June. The locations and times of these meetings shall be determined by the Executive Committee.

B. Special Meetings. Special meetings of the General Assembly may be called by the Chairperson, or in his or her absence by the Vice-Chairperson, or in the absence of the Chairperson and the Vice-Chairperson, by the Second ViceChairperson, or a majority of the members of the member agencies.

SECTION 2. OFFICERS
A. Nomination and Election. The General Assembly shall elect, by a majority vote, the Chairperson, Vice-Chairperson, and Second Vice-Chairperson from members of the Executive Committee, provided he or she is first nominated by either the General Assembly or Executive Committee. The election of the Chairperson, ViceChairperson, and Second Vice-Chairperson shall be conducted once each year and no later than Julyannually by July 1, or as soon thereafter as possible.

B. Prohibition. The General Assembly shall not elect the Chairperson, ViceChairperson, and Second Vice-Chairperson fromshall each be representatives of the samefrom different General Assembly member agencyagencies.

C. Term. The elected Chairperson, Vice-Chairperson, and Second Vice-Chairperson shall assume office at the close of the meeting of their electionannually on July 1 and each officer shall hold office for one year, or until his or her successor shall beis elected.

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2 D. Vacancy. Notwithstanding Article II, Section 2.C., if the office of the Chairperson, Vice-Chairperson or Second Vice-Chairperson becomes vacant, the resulting vacancy(s) shall be filled by the Vice-Chairperson and/or Second ViceChairperson, respectively and a new Second Vice-Chairperson shall be selected as set forth in Article II, Section 2.A. Notwithstanding the forgoing, the Executive Committee shall appoint, by a majority vote, one of its members to fill the unexpired term of the vacated officemay choose to keep the position vacant until the annual selection of the Officers.

E. Removal. Notwithstanding Article II, Section 2.D., the Executive Committee may remove the Chairperson, Vice-Chairperson or Second Vice-Chairperson by majority vote. The removal of either the Chairperson, Vice-Chairperson or Second Vice-Chairperson creates aresulting vacancy which shall be filled in accordance with Article II, Section 2.D.

F. Duties of Chairperson.

1. F. Duties of the Chairperson, Vice-Chairperson and Second ViceChairperson. The Chairperson shall, if present, preside at all meetings of the General Assembly and, Executive Committee andor Administration & Finance Committee and shall exercise and perform such other powers and duties as may be from time to time be assigned to the Chairperson, including the creation and appointment of ad hoc committees. In the absencehim or her by the Executive Committee or as prescribed herein.

2. In any case in which the execution of a document or the performance of an act is directed by action of the Executive Committee, the Chairperson, unless the act of the Executive Committee otherwise provides, is empowered to execute such document or perform such act.

3. At the beginning of the fiscal year, the Chairperson shall make appointments to the Administration and Finance Committee.

4. The Chairperson shall have the power to create and appoint ad hoc committees.

5. The Chairperson may call special meetings
G. Duties of the Vice Chairperson, the. The Vice-Chairperson shall perform all the duties of the Chairperson in his or her absence. When so acting, the ViceChairperson shall have all the powers of, and be subject to all the restrictions upon, the Chairperson. In the absence
H. of both the Chairperson and Vice-Chairperson, theDuties of Second ViceChairperson. The Second Vice-Chairperson shall perform all the duties of the Chairperson in the absence of the Chairperson and the Vice-Chairperson. When

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3 so acting, the Second Vice-Chairperson shall have all the powers of, and be subject to all the restrictions upon, the Chairperson.

I. Past-Chairperson. In the absence of the Chairperson, Vice-Chairperson, and Second Vice-Chairperson, the General Assembly Chairperson of the Previous Year (the “Past Chairperson”) shall perform the duties of the Chairperson for that meeting only. When so acting, Past Chairperson shall have all the powers of, and be subject to all the restrictions upon, the Chairperson.

J. Chair Pro Tempore. In the absence of the Chairperson, Vice-Chairperson, Second Vice-Chairperson and the Past Chairperson, the Executive Director or designee shall open the meeting and the General Assembly or, Executive Committee or Administration and Finance Committee, as applicable, shall choose one of its voting members to chair the meeting for that day only.

SECTION 3. VOTING
A. In General. Each voting representative of a General Assembly Member Agency shall have one vote as set forth in Section 2.4.1 of the Joint Powers Agreement.

B. Eligibility. The Chairperson, Vice-Chairperson and Second Vice-Chairperson are eligible to vote.

B. C. Quorum. The General Assembly shall act only upon a majority of a quorumthose members present at the meeting. A quorum shall be the majority of the total authorized representatives of each General Assembly Member Agency, provided that a voting representative of a majority of the General Assembly Member Agencies are present.

ARTICLE III

EXECUTIVE COMMITTEE
SECTION 1. MEMBERSHIP
A. The Executive Committee will be composed of the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each water district, and the Tribal Chairman of the Morongo Band of Mission Indians. Any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council member in place of the Mayor. Each water district board, at its discretion, can appoint another board member in place of the President. The Tribal Council of the Morongo Band of Mission Indians, at its discretion, can appoint another tribal council member in place of the Tribal Chairman.Those members under this Section 1.A shall be referred to herein as “Regular Members.” B. Each regular member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the partymember agency such alternate represents. For the Board of Supervisors, the Board of

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4 Supervisor’s member not serving under section A, above, shall serve as an alternate to the members of the Board of Supervisors. The name of the alternate members shall be on file with the Secretary of the Executive Committee. InDuring the absence of the regular member from an agencya committee meeting, the alternate member from such agency shall assume all rights and duties of the absent regular member. Those members under this Section 1.B shall be referred to herein as “Alternate Members.”
SECTION 2. OFFICERS
A. Officers and Duties. The officers of the Executive Committee shall be the Chairperson, Vice-Chairperson, and Second Vice-Chairperson of the General Assembly. The Chairperson, Vice-Chairperson, and Second Vice-Chairperson shall perform the same duties set forth in Article II.

B. Absence. If a jurisdiction misses three consecutive regular meetings, said jurisdiction shall be notified of these occurrencesby the Executive Director.

SECTION 3. MEETINGS
The Executive Committee shall meet in accordance with the meeting schedule adopted by the Executive Committee, as may be revised from time to time.

SECTION 4. QUORUM
The Executive Committee shall act only upon a majority of a quorumthose members present at the meeting. A quorum shall consist of a majority of the voting members of the Executive Committee.

SECTION 5. VOTING
Each member city present shall have one vote in the Executive Committee, each County Supervisor present shall have one vote, and each member water district present shall have one vote, and the representative of the Morongo Band of Mission Indians present shall have one vote. Only authorized members present, or designated alternates. Only Regular Members present, or Alternates Members acting when the regular memberRegular Member is absent, may vote. As set forth in the JPA, the water districts and the Morongo Band of Mission Indian members do not vote on TUMF matters.

SECTION 6. POWERS AND FUNCTIONS
A. To prepare and recommend to the General Assembly a yearly budget for funds and distribution, and to determine the estimated share of contributions from each member agency.

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5 B. To administer, manage, contract for, and handle the financing of the studies, projects and programs.

C. To exercise the powers of the Joint Powers Agreement between sessions of the General Assembly.

D. To select and employ an Executive Director who shall be the Chief Administrative Officer of WRCOG and who shall have administrative supervision over all WRCOG employees. The Executive Committee shall establish personnel rules and regulations.

E. To appoint regular and specialstanding and ad hoc committees within thefrom Executive Committee members.

F. To establish and operate a permanentbusiness office for WRCOG.

G. To appoint advisory committees on such projects as it determines advisable.

G. H. To provide for additional ex-officio, non-voting members, as deemed appropriate for the effective conduct of the business of the organization.

SECTION 7. POLICY REGARDING CONFIDENTIAL INFORMATION DISCLOSED

DURING CLOSED SESSIONS
The Executive Committee recognizes that, from time to time, it is vital that members of the Executive Committee divulge certain privileged information obtained in WRCOG closed sessions at WRCOG to their own governing bodies meeting in closed sessions. Thus, WRCOG adopts the policy set forth in Government Code section 54956.96 which authorizes the disclosure of closed session information that has directeddirect financial or liability. Such information can only be disclosed during closed session meetings of the member agency
A. All information received by the legislative body of the member agency in a closed session related to the information presented to WRCOG in closed session shall be confidential. However, a member of the legislative body of a member agency, or his/her duly appointed alternate under the JPA, may disclose information obtained in a closed session that has direct financial or liability implications for that member agency to the following individuals:

1. Legal counsel of that member agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that member agency.

2. Other members of the legislative body of the member agency present in a closed session of that member agency, as well as other persons that may be invited to attend the closed session by the member agency’s legislative body.

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6 B. The legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and/or take action concerning information obtained in a closed session of WRCOG pursuant to this Policy.

ARTICLE IV

OTHER COMMITTEES
SECTION 1. TECHNICAL ADVISORY COMMITTEE
A. Duties. The Technical Advisory Committee (TAC) shall interface with WRCOG staff, review staff reports, consider staff recommendations, provide recommendations to the Executive Committee, and perform such other duties as may be delegated to it.

B. Meetings. The TAC may meet once a month or as it is deemed necessary.

C. Membership. The TAC is comprised of an executive from the County of Riverside, the City Manager from each of WRCOG’s member cities, the General Manager from each of WRCOG’s member water districts, the Chief Administrative Officer from the Morongo Band of Mission Indians, and the Executive Director from the March Joint Powers Authority. A City Manager, Water District General Manager, Chief Administrative Officer of the Morongo Band of Mission Indians, and Executive Director from the March JPA may appoint an alternate who is a department head of the agency.

D. Quorum. The TAC shall act only upon a majority of a quorumthose members present at the meeting. A quorum shall consist of a majority of the members of the TAC. Each representative shall have one vote, except that members of the water districts and Morongo Band of Mission Indians shall not vote on TUMF matters.

SECTION 2. ADMINISTRATION & FINANCE COMMITTEE
A. Duties. The Administration & Finance Committee shall provide budget and finance overview for WRCOG, review staff recommendations on WRCOG programs prior to consideration by the Executive Committee, and provide advice on other matters to the Executive Committee as needed. The Administration & Finance Committee shall have the authority (i) to increase the WRCOG budget in any category up to fifteen percent (15%); and (ii) to authorize contracts up to $200,000 when the contract requires execution prior to the next regularly scheduled Executive Committee meeting.

B. Meetings. The Administration & Finance Committee may meet once a month or as it is deemed necessary.

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7 C. Membership. The Administration & Finance Committee shall be composed of the Executive Committee Chairperson; the Executive Committee Vice-Chairperson, the Executive Committee Second Vice-Chairperson, the Past Executive Committee Chairperson; and seven other members of the Executive Committee selected by the Executive Committee Chairperson. When selecting members of the Administration & Finance Committee, the Executive Committee Chairperson is encouraged to consider geographic balance. At least two members of the Board of Supervisors shall be members of the Administration & Finance Committee. At least one member shall be a water district representative.

D. Quorum and Voting. The Administration & Finance Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the members of the committeeCommittee. Each member present shall have one vote, except that members representing the water districts and Morongo Band of Mission Indians shall not vote on TUMF matters.

E. Term and Removal. Appointments to the Administration & Finance Committee shall be for a one-year term ending on June 30 of the fiscal year (July to June) in which the appointments are made or until new members are appointed. The process set forth below applies should the Chair wish to remove a Board member appointed (“Appointee”) during the one-year term of the appointment. The process does not apply to the Chair’s decision not to reappoint an Appointee at the end of the Appointee’s one-year term.

1. The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment.

2. The notice shall be provided in writing to Appointee through WRCOG’s Executive Director and shall include a brief statement of why removal is sought, which reason may include, without limitation, three or more consecutive absences of regular committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City / County appointing Appointee to the WRCOG Executive Committee and Appointee’s mailing address.

3. The removal shall be effective on the 15th day after WRCOG’s Executive Director sends notice to Appointee unless Appointee provides notice to the WRCOG Executive Director, prior to the expiration of such 15-day period, of his or her desire to contest the removal.

4. In the event that the removal is contested, the removal shall be stayed and the Executive Director shall schedule an Administration & Finance Committee meeting at which both the Chair and Appointee may present their arguments for and against removal. Based thereon, the Administration & Finance Committee shall either uphold or reject the removal. The decision of the Administration & Finance Committee shall be final.

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8 5. If the removal is not contested or is approved by the Administration & Finance Committee, the Chair may appoint another WRCOG Executive Committee memberRegular Member to fill the remainder of the Appointee’s term. The appointment of the new member shall comply with the membership requirements set forth in Section C, above. The term of the newly appointed member shall expire on June 30 of the fiscal year in which the appointment is made.

This section 2.E shall only apply to appointments made by the Chair to the seven open seats on the Administration & Finance Committee and not to the four exofficio members of the committeeCommittee.

ARTICLE V

EXECUTIVE DIRECTOR AND GENERAL COUNSEL
SECTION 1. EXECUTIVE DIRECTOR
A. Duties. In addition to those duties enumerated in the Joint Powers Agreement, the duties of the Executive Director are:

A. Duties. The Executive Director shall be responsible for the overall management of WRCOG, and has the necessary and full authority to effect this responsibility subject to the Executive Committee’s oversight, any policies and directives issued by the Committee, and as called upon pursuant to the WRCOG JPA Agreement.

The Executive Director shall be a full-time officer. The appointment and employment of the Executive Director shall be overseen by the Administration & Finance Committee and confirmed by the Executive Committee as set forth in Section B, below . In addition to those set forth in the Joint Powers Agreement, the powers and duties of the Executive Director, subject to oversight by the Executive Committee, are:

1. To administer all contractsthe personnel system, including contract employees of WRCOG.

2. To administer all WRCOG contracts, except as set forth in Article V.2.B (General Counsel).

3. To cause to be prepared by a Certified Public Accountant and to submit to the Executive Committee as soon as practical after the end of each fiscal year a post-audit of the financial transactions and records of WRCOG for the preceding year.

4. To keep the Executive Committee advised as to the needs of WRCOG.

5. 2. To have full charge of the administration of the business affairs of WRCOG., including the review and rejection of claims..

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9 3. To exercise general supervision over all property belonging to WRCOG.

6. To see that all ordinances, rules and regulations, motions, or resolutions are enforced.

7. 4. To accept, on behalf of WRCOG, easements and other property rights and interests.

8. 5. To be responsible for the purchase of all supplies and equipment of WRCOG.

9. To provide for the clerical services required by WRCOG including keeping a book of minutes of all meetings of WRCOG, giving notice of all meetings as may be required by law or action of WRCOG, and (h) perform such other duties as may be prescribed by motion, ordinance or resolution of WRCOG.

10. To take any or all of the following actions in relation to employees of WRCOG :
a) To hire employees at the appropriate salary range as determined by the Executive Committee .
b) To promote, transfer, suspend with or without pay, or discharge any employee in accordance with applicable rules and policies

11. To make disbursements of WRCOG funds consistent with the annual budget, as may be amended by the Executive Committee from time to-time.

The Executive Director shall have such other duties, powers and responsibilities as may from time to time be assigned by the Executive Committee or General Assembly.

12. 6. AcceptTo accept grants on behalf of WRCOG.

13. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.

14. To serve as Secretary of the General Assembly and of the Executive Committee.

15. To attend meetings of the General Assembly, Executive Committee Administration & Finance Committee and other standing and ad hoc committees.

16. To perform such other and additional duties as the Executive Committee may require.

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10 B. Selection, Oversight and Termination.
a. Selection.

1. Upon a vacancy or expected vacancy of the position of the Executive Director, the Administration & Finance Committee shall be responsible for directing the recruitment of Executive Director candidates, subject to the direction and oversight of the Executive Committee.

2. a) Following recruitment, the Administration & Finance Committee may appoint an ad hoc to interview
potential candidates with a goal of presenting two or
three candidates to the Administration & Finance
Committee for consideration.
b) The Administrative & Finance Committee shall then
interview potential candidates recommended by the ad
hoc committee with a goal of recommending one or two
candidates to the Executive Committee for
consideration as set forth in Step 4, below.
c) If the Administration & Finance Committee decides not to appoint an ad hoc committee, Step 2 shall be
skipped and the process shall proceed directly to step
3, below.

3. If the Administration & Finance Committee decides not to appoint an ad hoc committee provided for in Step 2, below, the Administrative and Finance Committee shall interview potential candidates with a goal of recommending one or two candidates to the Executive Committee for consideration.

4. The Executive Committee shall then make the final selection and oversee the negotiation of a employment contract.

5. The Executive Committee may approve deviations from the process set forth above.
b. Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee. Any changes in employment terms, included changes in compensation or benefits, shall be approved by the Executive Committee.

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11 c. Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee
B. ContractC. Contracting. The Executive Director is authorized to contract and execute on behalf of WRCOG, contracts, including contracts for supplies, equipment and materials, and consultants, not to exceed $100,000.00100,000, provided the contract relates to purposes previously approved and budgeted by the General Assembly or Executive Committee.

SECTION 2. GENERAL COUNSEL
A. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than 10 years preceding appointment. The General Counsel shall represent and advise the General Assembly, Executive Committee, Administration & Finance Committee and the Executive Director on legal matters actions, or proceedings in which WRCOG is concerned, or interested, or is a party.

B. The General Counsel shall be selected and overseen by the Executive Committee.

The power to terminate the General Counsel shall rest exclusively with the Executive Committee.

ARTICLE VI

DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined according to the legal description attached hereto as Exhibit “A.”

ARTICLE VII

AMENDMENTS
These Bylaws and any amendments thereto may be amended by the General Assembly, by majority vote. Proposed amendments shall be submitted, in writing, to members of the General Assembly along with the agenda for such meeting.

ARTICLE VII

REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall

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12 be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary Following review, the Bylaws, along with any recommended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as practical for confirmation.

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Summary report:

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Attachment
Resolution Number 25-21 amending
the Bylaws

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RESOLUTION NUMBER 25-21

A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

AMENDING ITS BYLAWS
WHEREAS, the Western Riverside Council of Governments ("WRCOG") has been created pursuant to a certain Joint Exercise of Powers Agreement, as amended, ("JPA") in accordance with California Government Code section 6500, et seq.; and
WHEREAS, the WRCOG Executive Committee is comprised of the Mayor from each WRCOG member city, four members of the Riverside County Board of Supervisors, the President of each participating Water District, and the Riverside County Superintendent of Schools; WHEREAS, pursuant to Section 2.4.2 of the JPA, the Executive Committee is authorized to exercise the powers of the JPA between session of the General Assembly; and WHEREAS, Section 2.4.1 of the JPA includes the power to amend WRCOG's Bylaws; and WHEREAS, the Executive Committee of the Western Riverside Council of Governments desires to amend its Bylaws.

NOW THEREFORE, BE IT RESOLVED by the Executive Committee of the Western Riverside Council of Governments that:

Section 1: The Bylaws of the Western Riverside Council of Governments are hereby amended as set forth in in Exhibit “A,” attached hereto and incorporated herein.

Section 2: This Resolution shall become effective upon adoption by the WRCOG Executive Committee.

PASSED AND ADOPTED by the Executive Committee of the Western Riverside Council of Governments on November 1, 2021.
___________________________ ___________________________ Karen Spiegel, Chair Kurt Wilson, Secretary
WRCOG Executive Committee WRCOG Executive Committee
Approved as to form:
___________________________
Steven DeBaun
WRCOG Legal Counsel
AYES: _______ NAYS: _______ ABSENT: _______ ABSTAIN: _______

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BY-LAWS

FOR THE

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

ARTICLE I
SECTION 1.

These Bylaws are provided for the organization and administration of the Western Riverside Council of Governments which has been established under a Joint Powers Agreement (“JPA”).

These Bylaws supplement the Agreement. Capitalized terms shall have the same meaning as set forth in the JPA. In the event that the Bylaws conflict with the JPA, the JPA shall control.

ARTICLE II

GENERAL ASSEMBLY
SECTION 1. MEETINGS
A. Annual Meeting. The annual General Assembly shall meet in June. The locations and times of these meetings shall be determined by the Executive Committee.

B. Special Meetings. Special meetings of the General Assembly may be called by the Chair, or in his or her absence by the Vice-Chair, or in the absence of the Chair and the ViceChair, by the Second Vice-Chair, or a majority of the members of the member agencies.

SECTION 2. OFFICERS
A. Nomination and Election. The General Assembly shall elect, by a majority vote, the Chair, Vice-Chair, and Second Vice-Chair from members of the Executive Committee, provided he or she is first nominated by either the General Assembly or Executive Committee. The election of the Chair, Vice-Chair, and Second Vice-Chair shall be conducted annually by July 1, or as soon thereafter as possible.

B. Prohibition. The Chair, Vice-Chair, and Second Vice-Chair shall each be representatives from different General Assembly member agencies.

C. Term. The elected Chair, Vice-Chair, and Second Vice-Chair shall assume office at the annually on July 1 and each officer shall hold office for one year, or until his or her successor is elected.

D. Vacancy. Notwithstanding Article II, Section 2.C., if the office of the Chair, Vice-Chair or Second Vice-Chair becomes vacant, the resulting vacancy(s) shall be filled by the ViceChair and/or Second Vice-Chair, respectively and a new Second Vice-Chair shall be selected as set forth in Article II, Section 2.A. Notwithstanding the forgoing, the Executive Committee may choose to keep the position vacant until the annual selection of the Officers.

E. Removal. Notwithstanding Article II, Section 2.D., the Executive Committee may remove the Chair, Vice-Chair or Second Vice-Chair by majority vote. The resulting vacancy shall be filled in accordance with Article II, Section 2.D.
(;+,%,7$

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F. Duties of Chair.

1. The Chair shall, if present, preside at all meetings of the General Assembly, Executive Committee, or Administration & Finance Committee and shall exercise and perform such other powers and duties as may be from time to time assigned him or her by the Executive Committee or as prescribed herein.

2. In any case in which the execution of a document or the performance of an act is directed by action of the Executive Committee, the Chair, unless the act of the Executive Committee otherwise provides, is empowered to execute such document or perform such act.

3. At the beginning of the fiscal year, the Chair shall make appointments to the Administration & Finance Committee.

4. The Chair shall have the power to create and appoint ad hoc committees.

5. The Chair may call special meetings
G. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in his or her absence. When so acting, the Vice-Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.

H. Duties of Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Chair in the absence of the Chair and the Vice-Chair. When so acting, the Second Vice-Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.

I. Past-Chair. In the absence of the Chair, Vice-Chair, and Second Vice-Chair, the Chair of the Previous Year (the “Past Chair”) shall perform the duties of the Chair for that meeting only. When so acting, Past Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.

J. Chair Pro Tempore. In the absence of the Chair, Vice-Chair, Second Vice-Chair and the Past Chair, the Executive Director or designee shall open the meeting and the General Assembly, Executive Committee or Administration & Finance Committee, as applicable, shall choose one of its voting members to chair the meeting for that day only.

SECTION 3. VOTING
A. In General. Each voting representative of a General Assembly Member Agency shall have one vote as set forth in Section 2.4.1 of the Joint Powers Agreement.

B. Quorum. The General Assembly shall act only upon a majority of those members present at the meeting. A quorum shall be the majority of the total representatives of each General Assembly Member Agency, provided that a voting representative of a majority of the General Assembly Member Agencies are present.

ARTICLE III

EXECUTIVE COMMITTEE
SECTION 1. MEMBERSHIP

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A. The Executive Committee will be composed of the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each water district. Any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council member in place of the Mayor. Each water district board, at its discretion, can appoint another board member in place of the President. Those members under this Section 1.A shall be referred to herein as “Regular Members.”
B. Each regular member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the member agency such alternate represents.

For the Board of Supervisors, the Board of Supervisor’s member not serving under Section A above, shall serve as an alternate to the members of the Board of Supervisors. The name of the alternate members shall be on file with the Secretary of the Executive Committee. During the absence of the regular member from a committee meeting, the alternate member from such agency shall assume all rights and duties of the absent regular member. Those members under this Section 1.B shall be referred to herein as “Alternate Members.” SECTION 2. OFFICERS
A. Officers and Duties. The officers of the Executive Committee shall be the Chair, ViceChair, and Second Vice-Chair of the General Assembly. The Chair, Vice-Chair, and Second Vice-Chair shall perform the same duties set forth in Article II.

B. Absence. If a jurisdiction misses three consecutive regular meetings, said jurisdiction shall be notified of these by the Executive Director.

SECTION 3. MEETINGS
The Executive Committee shall meet in accordance with the meeting schedule adopted by the Executive Committee, as may be revised from time to time.

SECTION 4. QUORUM
The Executive Committee shall act only upon a majority of those members present at the meeting.

A quorum shall consist of a majority of the voting members of the Executive Committee.

SECTION 5. VOTING
Each member city present shall have one vote in the Executive Committee, each County Supervisor present shall have one vote, and each member water district present shall have one vote. Only Regular Members present, or Alternates Members acting when the Regular Member is absent, may vote. As set forth in the JPA, the water districts members do not vote on TUMF matters.

B. To administer, manage, contract for, and handle the financing of the studies, projects and programs.

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C. To exercise the powers of the Joint Powers Agreement between sessions of the General Assembly.

E. To appoint standing and ad hoc committees.

F. To establish and operate a business office for WRCOG.

G. To provide for additional ex-officio, non-voting members, as deemed appropriate for the effective conduct of the business of the organization.

SECTION 7. POLICY REGARDING CONFIDENTIAL INFORMATION DISCLOSED DURING

CLOSED SESSIONS
The Executive Committee recognizes that, from time to time, it is vital that members of the Executive Committee divulge certain privileged information obtained in WRCOG closed sessions to their own governing bodies. Thus, WRCOG adopts the policy set forth in Government Code Section 54956.96 which authorizes the disclosure of closed session information that has direct financial liability. Such information can only be disclosed during closed session meetings of the member agency
A. All information received by the legislative body of the member agency in a closed session related to the information presented to WRCOG in closed session shall be confidential. However, a member of the legislative body of a member agency, or his/her duly appointed alternate under the JPA, may disclose information obtained in a closed session that has direct financial or liability implications for that member agency to the following individuals:

1. Legal counsel of that member agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that member agency.

B. The legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and/or take action concerning information obtained in a closed session of WRCOG pursuant to this Policy.

ARTICLE IV

B. Meetings. The TAC may meet once a month or as it is deemed necessary.

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C. Membership. The TAC is comprised of an executive from the County of Riverside, the City Manager from each of WRCOG’s member cities, the General Manager from each of WRCOG’s member water districts, and the Executive Director from the March Joint Powers Authority. A City Manager, Water District General Manager, and Executive Director from the March JPA may appoint an alternate who is a department head of the agency.

D. Quorum. The TAC shall act only upon a majority of those members present at the meeting. A quorum shall consist of a majority of the members of the TAC. Each representative shall have one vote, except that members of the water districts shall not vote on TUMF matters.

B. Meetings. The Administration & Finance Committee may meet once a month or as it is deemed necessary.

C. Membership. The Administration & Finance Committee shall be composed of the Executive Committee Chair, the Executive Committee Vice-Chair, the Executive Committee Second Vice-Chair, the Past Executive Committee Chair, and seven other members of the Executive Committee selected by the Executive Committee Chair. When selecting members of the Administration & Finance Committee, the Executive Committee Chair is encouraged to consider geographic balance. At least two members of the Board of Supervisors shall be members of the Administration & Finance Committee. At least one member shall be a water district representative.

D. Quorum and Voting. The Administration & Finance Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the members of the Committee. Each member present shall have one vote, except that members representing the water districts shall not vote on TUMF matters.

1. The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment.

2. The notice shall be provided to Appointee through WRCOG’s Executive Director and shall include a brief statement of why removal is sought, which reason may

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include, without limitation, three or more consecutive absences of regular committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City / County appointing Appointee to the WRCOG Executive Committee and Appointee’s mailing address.

5. If the removal is not contested or is approved by the Administration & Finance Committee, the Chair may appoint another Executive Committee Regular Member to fill the remainder of the Appointee’s term. The appointment of the new member shall comply with the membership requirements set forth in Section C, above. The term of the newly appointed member shall expire on June 30 of the fiscal year in which the appointment is made.

This section 2.E shall only apply to appointments made by the Chair to the seven open seats on the Administration & Finance Committee and not to the four ex- officio members of the Committee.

ARTICLE V

EXECUTIVE DIRECTOR AND GENERAL COUNSEL
SECTION 1. EXECUTIVE DIRECTOR
A. Duties. The Executive Director shall be responsible for the overall management of WRCOG and has the necessary and full authority to effect this responsibility subject to the Executive Committee’s oversight, any policies and directives issued by the Committee, and as called upon pursuant to the WRCOG JPA Agreement. The Executive Director shall be a full-time officer. The appointment and employment of the Executive Director shall be overseen by the Administration & Finance Committee and confirmed by the Executive Committee as set forth in Section B below. In addition to those set forth in the Joint Powers Agreement, the powers and duties of the Executive Director, subject to oversight by the Executive Committee, are:

1. To administer the personnel system, including contract employees of WRCOG.

2. To administer all WRCOG contracts, except as set forth in Article V.2.B (General Counsel).

3. To cause to be prepared by a Certified Public Accountant and to submit to the Executive Committee as soon as practical after the end of each fiscal year a postaudit of the financial transactions and records of WRCOG for the preceding year.

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4. To keep the Executive Committee advised as to the needs of WRCOG.

5. To have full charge of the administration of the business affairs of WRCOG., including the review and rejection of claims.

6. To see that all ordinances, rules and regulations, motions, or resolutions are enforced.

7. To accept, on behalf of WRCOG, easements and other property rights and interests.

8. To be responsible for the purchase of all supplies and equipment of WRCOG.

10. To take any or all of the following actions in relation to employees of WRCOG:
a) To hire employees at the appropriate salary range as determined by the Executive Committee.
b) To promote, transfer, suspend with or without pay, or discharge any employee in accordance with applicable rules and policies

11. To make disbursements of WRCOG funds consistent with the annual budget, as may be amended by the Executive Committee from time to-time. The Executive Director shall have such other duties, powers and responsibilities as may from time to time be assigned by the Executive Committee or General Assembly.

12. To accept grants on behalf of WRCOG.

13. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.

14. To serve as Secretary of the General Assembly and of the Executive Committee.

15. To attend meetings of the General Assembly, Executive Committee, Administration & Finance Committee, and other standing and ad hoc committees.

16. To perform such other and additional duties as the Executive Committee may require.

B. Selection, Oversight and Termination.
a) Selection.

1. Upon a vacancy or expected vacancy of the position of the Executive Director, the Administration & Finance Committee shall be responsible for

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directing the recruitment of Executive Director candidates, subject to the direction and oversight of the Executive Committee.

2. Following recruitment, the Administration & Finance Committee may appoint an ad hoc to interview potential candidates with a goal of presenting two or three candidates to the Administration & Finance Committee for consideration.

3. The Administrative & Finance Committee shall then interview potential candidates recommended by the ad hoc committee with a goal of recommending one or two candidates to the Executive Committee for consideration as set forth in Step 4, below.

4. If the Administration & Finance Committee decides not to appoint an ad hoc committee, Step 2 shall be skipped and the process shall proceed directly to Step 5, below.

5. If the Administration & Finance Committee decides not to appoint an ad hoc committee provided for in Step 2, below, the Administration & Finance Committee shall interview potential candidates with a goal of recommending one or two candidates to the Executive Committee for consideration.

6. The Executive Committee shall then make the final selection and oversee the negotiation of a employment contract.

7. The Executive Committee may approve deviations from the process set forth above.
b. Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee.

Any changes in employment terms, included changes in compensation or benefits, shall be approved by the Executive Committee.
c. Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee.

C. Contracting. The Executive Director is authorized to contract and execute on behalf of WRCOG, contracts, including contracts for supplies, equipment and materials, and consultants, not to exceed $100,000, provided the contract relates to purposes previously approved and budgeted by the General Assembly or Executive Committee.

The General Counsel shall represent and advise the General Assembly, Executive

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Committee, Administration & Finance Committee and the Executive Director on legal matters actions, or proceedings in which WRCOG is concerned, or interested, or is a party.

B. The General Counsel shall be selected and overseen by the Executive Committee. The power to terminate the General Counsel shall rest exclusively with the Executive Committee.

ARTICLE VI

DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined according to the legal description attached hereto as Exhibit “A.”

ARTICLE VII

REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary Following review, the Bylaws, along with any recommended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as practical for confirmation.

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6. The Executive Committee shall then make the final selection and oversee the negotiation of an employment contract.

7. The Executive Committee may approve deviations from the process set forth above.
b) Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee. Any changes in employment terms, including changes in compensation or benefits, shall be approved by the Executive Committee.
c) Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee.

SECTION 2. GENERAL COUNSEL
A. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than 10 years preceding appointment. The General Counsel shall represent and advise the General Assembly, Executive Committee, Administration & Finance Committee, and the Executive Director on legal matters, actions, or proceedings in which WRCOG is concerned, or interested, or is a party.

B. The General Counsel shall be selected and overseen by the Executive Committee.

The power to terminate the General Counsel shall rest exclusively with the Executive Committee.

ARTICLE VI

DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined according to the legal description attached hereto as Exhibit “A.”

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ARTICLE VII

ARTICLE VIII

REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary. Following review, the Bylaws, along with any recommended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as practical for confirmation.

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Kelli Newton, Communications Manager
Department: Administration
SUBJECT:

Recognition of National Holidays, Observances and Commemorative Days RECOMMENDATION:

Determine which national observances the City of Norco will formally recognize and the manner in which each observance will be recognized.

SUMMARY:

It has become customary for public sector agencies to recognize national observances, including days, weeks and months, using in-person and digital platforms. While some national observances were invented to increase product sales and market visibility in the private sector, the public sector can utilize select national observances to promote inclusivity, enhance social media engagement, inspire new community events, bring attention to programs and amenities, and build relationships with stakeholders. Staff is requesting that the City Council use the provided resources to determine which national observances the City of Norco will formally recognize and the manner in which each observance will be recognized.

BACKGROUND:

National observances have become a newsworthy trend and a staple of popular culture conversation. While the amount of trivial "national days" flooding newsfeeds has become scrutinized, national observances continue to grow in number and popularity because they can provide a sense of belonging, opportunities for engagement, and a simple escape from serious subject matter. Although national observances were invented by the private sector as a form of advertising to bring attention to and sell products and services, the City of Norco can utilize select national observances to promote inclusivity, enhance social media engagement, provide education on City history and initiatives, inspire new community events, bring attention to City programs and amenities, and build relationships with stakeholders.

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Purpose: Currently, the City of Norco does not follow a formal process for the issuance of ceremonial communication (e.g., proclamations, certificates) or recognition of national holidays, observances and commemorative days. The City of Norco issues proclamations on a request basis and continuously recognizes most major holidays and military-related commemorative days. The current process has the potential to lead to subjective, inconsistent decision-making and is not sustainable.

Data Collection: While thousands of observances are widely accepted/celebrated in the United States, there is no leading entity that oversees the creation of new observances.

In order to curate the observances listed in Exhibits A and B, staff cross-referenced three professionally-accepted databases, which are noted below. It is important to note that these databases are private organizations and are not affiliated with any governmental agency.
• National Day Calendar: www.nationaldaycalendar.com
• National Today: www.nationaltoday.com
• List of National Days: www.listofnationaldays.com
Exhibits A and B include national holidays, observances and commemorative days that are recognized by other governmental agencies (e.g., federal holidays) and/or align with the City of Norco's values (e.g., animal-keeping/equestrian, community engagement, cultural inclusivity, patriotism, preservation, public safety, recreation, etc.). Additionally, the exhibits include proclaimed local observances (e.g., Norco's Birthday, George Alan Ingalls Day, Rose M. Eldridge Day). Various popular observance themes are not recommended in the exhibits, including food/beverage observances and health/awareness observances, as they are not directly connected to government relations.

Selection Process: In December 2021, staff met with a City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, to develop an objective and consistent procedure regarding the City of Norco's recognition of national holidays, observances and commemorative days. The subcommittee 1) evaluated an extensive list of national observances (200+) that aligned with the City of Norco's values, 2) determined which observances were most appropriate for recognition, and 3) developed standard practices to determine the manner in which each observance could be recognized (e.g., facility closure, community event/program, display on the Sixth Street Gateway Sign, promotion in Top Stories newsletter, parade, proclamation and social media post). Exhibits A and B reflect the subcommittee's recommendations and directions to staff.

Categories: The subcommittee arranged the comprehensive list of national observances into two categories:
• Annual Observances (Exhibit A)
o Observances that will be automatically recognized in the approved manner(s) on the appropriate date(s).
• Pre-Approved Observances (Exhibit B)
o Observances that are pre-approved for recognition and will be recognized at staff's discretion (i.e., by request, in conjunction with current events, etc.).

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New Events: The subcommittee has recommended the development of new events and scheduling of some existing events to coincide with select national observances:
• National Drive-In Movie Day (June): Schedule a drive-in movie event • National CleanUp Day (September): Schedule volunteer trail clean-up event • National Civics Day (October): Schedule Youth in Government Day event • Coffee with a Cop Day (October): Schedule Coffee with a Cop event • Day of the Dead (November): Develop a community event/participation opportunity featuring a public ofrenda
Standard Practices: The subcommittee defined the following practices to ensure the procedure for recognizing national observances remains objective and consistent:
• When an observance topic/theme includes a week and a month, the subcommittee recommends that the City only recognize the month.
• In most cases, monthly observances will be recognized by proclamation. • Observances can be recognized on the Sixth Street Gateway Sign if they qualify for a proclamation, event or major religious holiday.
• When appropriate, the City will share observance information from certified City partners (e.g., CAL FIRE/Riverside County Fire Department, Riverside County Sheriff's Department, Corona-Norco Unified School District, County of Riverside, etc.).
• The City of Norco will continue to operate on a request basis for ceremonial communication (e.g., proclamations, certificates). If the City receives a request to recognize a national holiday, observance and/or commemorative day that is not listed on the final approved list, staff will bring the item to the City Council for consideration. Alternatively, the City Council may elect to allow the subcommittee to approve new observances without a formal vote of the City Council.

Next Steps: Staff is requesting that the City Council use the provided resources to determine 1) which national observances the City of Norco will formally recognize, 2) how to categorize approved national observances (e.g., annual or pre-approved), 3) the manner in which each observance will be recognized (e.g., facility closure, community event/program, display on the Sixth Street Gateway Sign, promotion in Top Stories newsletter, parade, proclamation and social media post), and 4) how to approve new observances. The final approved list of national observances will initially serve as a guiding document for City staff and will ultimately be included in a comprehensive communication policy, which will address other standards for creating and distributing content. Although this list is limited to national observances and proclaimed local observances, this does not inhibit the City from recognizing or sharing information about other community events, historical facts or educational/engagement opportunities that are not formally proclaimed.

FISCAL IMPACT:

There is no financial impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is related to Strategic Direction #2 Community Outreach, "Engage with the community through excellent customer service, communication, and programs."

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REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Exhibit A - Annual Observances
Exhibit B - Pre-Approved Observances

Page 117 of 134 ends

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 1-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Chinese New Year 1-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 4-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X National Voter Registration Day Fourth Tuesday in September X EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
May
June
July
August
September

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 2-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 2-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
September
October
November

Page 119 of 134 ends

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 4-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
National Freedom Day 1-Feb X
Korean New Year 1-Feb X
National Girls and Women in Sports Day 2-Feb X
National Boy Scouts Day 8-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 1-Mar X
National Read Across America Day 2-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
National Star Wars Day 4-May X
Cinco de Mayo 5-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
Small Business Week First Week in May X
National Police Week Week of May 15th X
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
National Pet Month Month X X
National Drive-In Movie Day 6-Jun X X X X
D-Day 6-Jun X
EXHIBIT B: PRE-APPROVED OBSERVANCES
January
February
March
April
May
June

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
Social Media Day 30-Jun X
National Safety Month Month X X X
Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September N/A
National Coffee with a Cop Day 6-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 7-Dec X
National App Day 11-Dec X
July
October
November
December
June

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

5.B.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

City Council Appointments to Regional Boards, Standing Committees and Other City Council-Appointed Committees for Calendar Year 2022
RECOMMENDATION:

Approve the City Council appointments to the various standing committees and other governmental agencies for the 2022 calendar year.

SUMMARY:

Each calendar year, City Council appointments are made to various standing committees and other governmental agencies. City Council Members consult with the Mayor as to their preferred agency appointments based on their area of expertise, interest, and availability. Appointments will become effective immediately.

BACKGROUND:

In May 2012, the Fair Political Practices Commission adopted amendments to Regulation 18705.5, which allowed public officials to make, participate in making, or use their official positions to influence decisions concerning their own appointments to positions as officers of the bodies of which they are members, such as committees, boards, commissions of public agencies, metropolitan planning organizations, and special districts, if the appointments are required to be made by either state or local law. As a safeguard, the bodies making such appointments must adopt and post on their websites a form (Form 806) that lists each appointed position, the name of the public official appointed to each position (including alternates) and the salary or stipend paid for the appointed position.

Form 806 is currently posted on the City’s website reporting for calendar year 2021 City Council appointments and will be updated upon the approval of the 2022 calendar year City Council appointments.

FISCAL IMPACT:

None

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REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Agency and Committee Assignments 2022

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City Council
Agency and Committee Appointments 2022
Agency Designee Alternate Meeting Date Time Place Stipend Chino Basin Desalter Authority Board Mayor Greg Newton Public Works Director Chad Blais 1st Thursday
(Jan. Apr., Jul., Aug.) 6:00 p.m.
2151 S. Haven
Avenue, Suite 202,
Ontario
$150/meeting
no mileage
Local Agency Formation Commission (LAFCO) Council Member Ted Hoffman Mayor Greg Newton As needed -- 3850 Vine Street, Suite 240, Riverside -- Northwest Mosquito and Vector Control District (*Two-year appointment: 2021-2023) Council Member
Katherine Aleman
Council Member
Ted Hoffman 3rd Thursday 3:00 p.m. 1966 Compton Avenue, Corona $100/meeting; no mileage Riverside Conservation Authority (RCA) Council Member Kevin Bash Council Member Katherine Aleman 3rd Wednesday
No meeting in July 12:00 p.m. 3403 10th Street, Suite 320, Riverside $100/meeting plus mileage Riverside County Transportation Commission (RCTC)
Council Member
Ted Hoffman
Council Member
Katherine Aleman 2nd Wednesday 9:00 a.m. 4080 Lemon Street, 3rd Floor, Riverside
$100/meeting
plus mileage
Riverside County – City Selection Committee (League of California Cities) Mayor Pro Tem
Robin Grundmeyer
Council Member
Kevin Bash
As needed - Meets prior to Monthly
LCC General Meetings
-
Riverside Transit Agency (RTA) Board Budget and Finance Committee Transportation Now Committee Council Member
Ted Hoffman
Council Member
Kevin Bash
4th Thursday
1st Wednesday
2nd Thursday
1:00 p.m. 2:00 p.m. 9:00 a.m.
4080 Lemon St. 1st Floor,
Riverside
1825 Third St. Riverside
Norco City Hall
Each is
$150/meeting
plus mileage
-
Western Riverside Council of Governments (WRCOG) Executive Committee Administration and Finance Committee Council Member
Kevin Bash
Council Member
Ted Hoffman
1st Monday
-
2nd Monday
2:00 p.m.
-
12:00 p.m.
3390 University Ave.

Suite 450
Riverside
$150/meeting;
no mileage
Western Riverside County Regional Wastewater Authority (WRCRWA) Council Member Katherine Aleman Public Works Director Chad Blais Quarterly, 4th Thursday 2:00 p.m. Corona Public Works Office -- Committees Member Member Meeting Date Time Place
City Audit Committee Mayor Pro Tem
Robin Grundmeyer
Council Member
Katherine Aleman As needed -- Norco City Hall --
Corona-Norco Schools Committee Mayor Pro Tem
Robin Grundmeyer
Council Member
Kevin Bash
Quarterly, 3rd
Monday 3:30 p.m. CNUSD Office & Norco City Hall --
George A. Ingalls Veterans Memorial Plaza Committee
Council Member
Ted Hoffman
Council Member
Kevin Bash As needed -- Norco City Hall
United Norconians for Life Over Alcohol and Drugs (UNLOAD) Mayor Pro Tem
Robin Grundmeyer
Council Member
Kevin Bash
Last Monday
(dark in Summer) 5:00 p.m. Norco City Hall --
Leads on Manure-to-Energy Issues Council Member
Ted Hoffman
Mayor
Greg Newton As needed -- Norco City Hall --
California Rehabilitation Center Citizen’s Advisory Committee Council Member Katherine Aleman City Manager Andy Okoro 2nd Tuesday (every two months) 4:30 p.m. CRC In-Service Training Classroom -- Western Community Energy Committee (WRCOG) Council Member
Ted Hoffman
Council Member
Kevin Bash 2nd Wednesday 1:00 p.m. WRCOG Office --
Navy Historic Properties Stakeholders Group Council Member Kevin Bash Council Member Katherine Aleman

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City Council

STAFF REPORT
Date: January 5, 2022 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:

General Plan Amendment 2021-02/Zone Change 2021-04 (City of Norco) RECOMMENDATION:

That the City Council:

Adopt Resolution 2022-02, approving of General Plan Amendment 2021-02; and Adopt Ordinance 2022-01, approving Zone Change 2021-04.

SUMMARY:

General Plan Amendment 2021-02/Zone Change 2021-04 (City of Norco) is a proposal to add the Housing Development Overlay (HDO) Zone (that allows 20-30 dwelling units per acre) on the property generally located at the southeast intersection of Second Street and River Road, consisting of four parcels totaling 14.57 acres, with the Assessor’s Parcel Numbers of 119-020-015,-021,-022 and 023, with an underlying Commercial-General (CG) zoning designation and General Plan designation of Commercial Community (CC).

The general plan amendment will make the general plan map consistent with the zoning map to reflect the HDO.

BACKGROUND:

On October 6, 2021, the City Council adopted the 2021-2029 (6th Cycle) Housing Element Update (HEU). The HEU included the subject property and stated that the Housing Development Overlay (HDO) would be placed (via a zone change) on the subject property as a future follow-up item. Consistent with the HEU, placing the HDO on this site will make provision for zoning that has the potential to accommodate a large portion of the City's 6th Cycle Regional Housing Needs Assessment (RHNA) allocation, which includes affordable housing.

General Plan Amendment 2021-02/Zone Change 2021-04: A proposal to add the HDO on property generally located at the southeast intersection of Second Street and River Road, consisting of four parcels totaling 14.57 acres, with the Assessor’s Parcel Numbers

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of 119-020-015,-021,-022 and 023, with an underlying Commercial-General (C-G) zoning designation and General Plan designation of Commercial Community (CC). The general plan amendment will make the general plan map consistent with the zoning map to reflect the HDO (see the map below).

Existing General Plan designation: Commercial Community (CC) Existing Zoning designation: Commercial-General (C-G) zoning Proposed General Plan designation: Commercial Community (CC) with an HDO Proposed Zoning designation: Commercial-General (C-G) zoning, with an HDO (Reference to numbers noted on map above: 1. APN 119-020-015; 2. APN 119-020- 021; 3. APN 119-020-022; and 4. APN 119-020-023)
Planning Commission: This item went before the Planning Commission on December 8, 2021. The Planning Commission endorsed a recommendation for approval to the City Council on a 4-0-1 (Hedges Absent) vote.

CEQA: On October 6, 2021, a Negative Declaration was adopted for the 2021-2029 Housing Element Update (SCH # 2021080283) (Adopted Negative Declaration) which was prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000, et seq., CEQA), the regulations promulgated thereunder (14 California Code of Regulations, Section 15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Norco is acting as the Lead Agency. The Adopted Negative Declaration evaluated the environmental impacts of including Assessor’s Parcel Numbers of 119-020-015, -021, -022 and, -023 as housing sites in the 2021-2029 Housing Element Update and applying the HDO zone to the sites and determined significant impacts would not occur. Since no changes and additions to the Adopted Negative Declaration are necessary to address Zone Change

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2021-04 and no circumstances exist calling for the preparation of a subsequent or supplemental environmental impact report pursuant to CEQA Guidelines Section 15162 and Section 15163, further environmental review is not required, and the Project is within the scope of the Adopted Negative Declaration.

FISCAL IMPACT:

There is no financial impact.

RELATIONSHIP TO STRATEGIC PLAN:

Adopting Zone Changes pertinent to the the City's Housing Element to comply with State requirements is consistent with Community Outreach Strategic Direction.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

CC Resolution 2022-02, GPA 2021-02,, January 5, 2022
CC Ordinance 2022-01, ZC 2021-04, January 5, 2022

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RESOLUTION 2022-02

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORCO,
APPROVING GENERAL PLAN AMENDMENT 2021-02 SOLIDIFYING

THE LOCATION OF THE HOUSING DEVELOPMENT OVERLAY (HDO)

ON THE GENERAL PLAN MAP AND MAKING THE GENERAL PLAN

MAP AND THE ZONING MAP CONSISTENT WITHIN THE CITY OF
NORCO
WHEREAS, the CITY OF NORCO initiated General Plan Amendment 2021-02 (along with Zone Change 2021-04 for A.P.N.S: 119-020-015, 021, 022 AND 023), a proposal to solidify the locations of the Housing Development Overlay Zones to be compliant with the State of California 6th Housing Cycle, years 2021-2029; and
WHEREAS, the General Plan Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the General Plan Amendment was scheduled for public hearing on December 8, 2021 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the General Plan Amendment; and WHEREAS, the Planning Commission adopted Resolution 2021-36 recommending that the City Council approve General Plan Amendment 2021-02; and WHEREAS, General Plan Amendment 2021-02 was duly submitted to said City’s, City Council for decision at a public hearing for which proper notice was given; and WHEREAS, General Plan Amendment 2021-02 was scheduled for public hearing on January 5, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to General Plan Amendment 2021-02; and WHEREAS, on October 6, 2021, a Negative Declaration was adopted for the 2021-2029 Housing Element Update (SCH # 2021080283) (Adopted Negative Declaration) which was prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., CEQA), the regulations promulgated thereunder (14 California Code of Regulations, §§ 15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Norco is acting as the Lead Agency. The Adopted Negative Declaration evaluated the environmental impacts of including Assessor’s Parcel Numbers of 119-020-015, -021, -022 and, -023 as housing sites in the 2021-2029 Housing Element Update and applying the HDO zone to the sites and determined significant impacts would not occur. Since no changes and additions to the Adopted Negative Declaration

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Resolution No. 2022-02
January 5, 2022

Page 2 ends

are necessary to address Zone Change 2021-04 and no circumstances exist calling for the preparation of a subsequent or supplemental environmental impact report pursuant to CEQA Guidelines §§ 15162 and 15163, further environmental review is not required, and the Project is within the scope of the Adopted Negative Declaration.

NOW, THEREFORE, the City Council of the City of Norco does hereby approve the following FINDINGS AND DETERMINATIONS:

I. FINDINGS:

A. The proposed general plan amendment is required to update the Housing Development Overlay Zone locations as outlined in the 2021-2029 Housing Element.

B. The proposed general plan amendment is necessary and desirable for the development of housing opportunities in the City of Norco.

C. The proposed zoning amendments would not result in the reduction of allowed residential density or intensity of land uses, consistent with SB 330. The City currently has a total of 56.3 acres of Housing Development Overlay (HDO zoning and after the zone changes are implemented, the Housing Development Overlay will consist of 57.8 acres.

D. On October 6, 2021, a Negative Declaration was adopted for the 2021-2029 Housing Element Update (SCH # 2021080283) (Adopted Negative Declaration) which was prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., CEQA), the regulations promulgated thereunder (14 California Code of Regulations, §§ 15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Norco is acting as the Lead Agency. The Adopted Negative Declaration evaluated the environmental impacts of including Assessor’s Parcel Numbers of 119-020-015, -021, -022 and, -023 as housing sites in the 2021-2029 Housing Element Update and applying the HDO zone to the sites and determined significant impacts would not occur. Since no changes and additions to the Adopted Negative Declaration are necessary to address Zone Change 2021-04 and no circumstances exist calling for the preparation of a subsequent or supplemental environmental impact report pursuant to CEQA Guidelines §§ 15162 and 15163, further environmental review is not required, and the Project is within the scope of the Adopted Negative Declaration.

II. DETERMINATION:

NOW THEREFORE, in light of the evidence and testimony presented at the hearing, and in conformity with the findings set forth here, the City Council for the City of Norco, assembled January 5, 2022, does hereby approve General Plan Amendment 2021-02, applying the HDO on the General Plan Map on parcels with the Assessor’s Parcel Numbers (APNs) 119-020-015, 021, 022 AND 023.

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Resolution No. 2022-02
January 5, 2022

Page 3 ends

##
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held on January 5, 2022.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
____________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on January 5, 2022, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on January 5, 2022.
____________________
Dana Roa, CMC, City Clerk
City of Norco, California

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ORDINANCE 2022-01

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CHANGE 2021-04, A

PROPOSAL TO ADD THE HOUSING DEVELOPMENT OVERLAY
(HDO) ZONE ON PROPERTY GENERALLY LOCATED AT THE

SOUTHEAST INTERSECTION OF SECOND AND RIVER ROAD,
CONSISTING OF FOUR PARCELS TOTALING 14.57 ACRES
(A.P.N.S: 119-020-015, 021, 022 AND 023) AND WITH AN

UNDERLYING COMMERCIAL-GENERAL (C-G) ZONING

DESIGNATION
WHEREAS, the CITY OF NORCO initiated Zone Change 2021-04 for the addition of the Housing Development Overlay (HDO) Zone, on property generally located at the southeast intersection of Second Street and River Road, consisting of four parcels totaling 14.57 acres, with the Assessor’s Parcel Numbers of 119-020-015,-021,-022 and 023; and WHEREAS, the Zone Change was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Change was scheduled for public hearing on December 8, 2021 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and WHEREAS, at the said time and place, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Change; and WHEREAS, the Planning Commission adopted Resolution 2021-39 recommending that the City Council approve Zone Change 2021-04; and
WHEREAS, Zone Change 2021-04 was duly submitted to said City’s, City Council for decision at a public hearing for which proper notice was given; and WHEREAS, Zone Change 2021-04 was scheduled for public hearing on January 5, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to Zone Change 2021-04; and WHEREAS, on October 6, 2021, a Negative Declaration was adopted for the 2021-2029 Housing Element Update (SCH # 2021080283) (Adopted Negative Declaration) which was prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., CEQA), the regulations promulgated thereunder (14 California Code of Regulations, §§ 15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Norco is acting as the Lead Agency. The Adopted Negative Declaration evaluated the environmental impacts of including Assessor’s Parcel Numbers of 119-020-015, -021, -022 and, -023 as housing sites in the 2021-2029 Housing Element Update and applying the HDO zone to the sites and determined significant impacts would not occur. Since no changes and additions to the Adopted Negative Declaration

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Ordinance 2022-01 Zone Change 2021-04
January 19, 2022

Page 2 ends

NOW, THEREFORE, the City Council of the City of Norco does hereby approve the following FINDINGS AND DETERMINATIONS:

I. FINDINGS:

A. The proposed Zone Change is necessary and desirable for the development of the community in harmony with the objective of the General Plan.

B. The proposed Zone Change will be compatible and complementary to existing conditions in the surrounding area.

C. With the proposal, to add the HDO’s, the site is adequate in size to accommodate uses permitted in the zone requested (which is the existing undying zone), and all applicable property development standards can be complied with.

D. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in this area; and that utilities exist or are planned which will adequately serve the property as rezoned to add the HDO.

E. The proposed zoning amendments would not result in the reduction of allowed residential density or intensity of land uses, consistent with SB 330. The City currently has a total of 56.3 acres of Housing Development Overlay (HDO zoning and after the zone changes are implemented, the Housing Development Overlay will consist of 57.8 acres.

F. On October 6, 2021, a Negative Declaration was adopted for the 2021-2029 Housing Element Update (SCH # 2021080283) (Adopted Negative Declaration) which was prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., CEQA), the regulations promulgated thereunder (14 California Code of Regulations, §§ 15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Norco is acting as the Lead Agency. The Adopted Negative Declaration evaluated the environmental impacts of including Assessor’s Parcel Numbers of 119-020-015, -021, -022 and, -023 as housing sites in the 2021-2029 Housing Element Update and applying the HDO zone to the sites and determined significant impacts would not occur. Since no changes and additions to the Adopted Negative Declaration are necessary to address Zone Change 2021-04 and no circumstances exist calling for the preparation of a subsequent or supplemental environmental impact report pursuant to CEQA Guidelines §§ 15162 and 15163, further environmental review is not required, and the Project is within the scope of the Adopted Negative Declaration.

II. DETERMINATION:

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Ordinance 2022-01 Zone Change 2021-04
January 19, 2022

Page 3 ends

NOW THEREFORE, in light of the evidence and testimony presented at the hearing, and in conformity with the findings set forth here, the City Council for the City of Norco, assembled January 5, 2022, does hereby adopt said Ordinance approving Zone Change 2021- 04 and does hereby approve as follows:

SECTION 1: Amending the zoning map to apply the Housing Development Overlay (HDO) on parcels generally located at the southeast intersection of Second Street and River Road, consisting of four parcels totaling 14.57 acres, with the Assessor’s Parcel Numbers of 119-020-015,-021,-022 and 023.

SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4: POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
#
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held January 19, 2021.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on January 5, 2022 and thereafter at a regular meeting of said City Council duly held on January 19, 2022, it was duly passed and adopted by the following vote of the City Council:

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Ordinance 2022-01 Zone Change 2021-04
January 19, 2022

Page 4 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on January 19, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 134 of 134 ends

Norco City CouncilJanuary 5, 2022

Norco City Council
January 5, 2022