AGENDA
City Council
Successor Agency to the Norco
Community Redevelopment
Agency
Wednesday, April 6, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00PM
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
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's 119-020-015 and 119-020-022
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: Lot D
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Greg Newton
INVOCATION Pastor Brittian Bowman,
Community Church of Norco
PRESENTATIONS Historic Preservation Commission -
Horseweek Activities
Chair Carolyn Morse
Community Emergency Response
Team Update
Dr. Sigrid Williams, Norco College
City Council Agenda - April 6, 2022
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
2.B. Approval of City Council Regular and Special Meeting Minutes RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 16, 2022 and Special Meeting Minutes of March 24, 2022.
Staff Report - Pdf
2.C. Addendum No. 1 to Lease Agreement with the Norco Fair Committee for a Community Fair at the George Ingalls Equestrian Event Center RECOMMENDATION:
Approve Addendum No. 1 for a Lease Agreement Extension with the Norco Fair Committee for a community fair at the George Ingalls Equestrian Event Center.
Staff Report - Pdf
City Council Agenda - April 6, 2022
2.D. Confirmation of Kosmont Realty Corporation as Broker to Sell Successor Agency Property in Compliance with Applicable Legal Requirements RECOMMENDATION:
Staff recommends that the Successor Agency Board to the former Norco Community Redevelop Agency (RDA) confirm Kosmont Realty Corporation (KRC) as its broker to market and sell the remaining Long-Range Property Management Plan vacant parcel located at 1695 Hidden Valley in the City of Norco, in compliance with applicable legal requirements related to the dissolution of the former RDA.
Staff Report - Pdf
2.E. Change Order for Additional Work needed at Nellie Weaver Hall for the Exterior Painting Project.
RECOMMENDATION:
Approve the change order in the amount of $2,110 for Astro Painting Company, Inc. to complete additional exterior painting at Nellie Weaver Hall for a total project cost of $85,600, as part of the Norco City Hall, Nellie Weaver Hall, Riley Gym, and Fire Station 57 Exterior Painting Project.
Staff Report - Pdf
2.F. New Observance Request: Day of the Child
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Day of the Child.
Staff Report - Pdf
2.G. Approval of Employee-Employer Relations Resolution RECOMMENDATION:
Adopt Resolution No. 2022-20, to implement Chapter 10, Division 2, Title 1 of The Government Code of the State of California Relative To EmployeeEmployer Relations, and repeal Resolution No. 71-8.
Staff Report - Pdf
2.H. Acceptance of the Wayne Makin Slurry Seal Project as Complete.
RECOMMENDATION:
Accept Wayne Makin Slurry Seal Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
Staff Report - Pdf
City Council Agenda - April 6, 2022
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. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.
5.A. Ordinance No. 1080, Second Reading: An Ordinance of the City Council of the City of Norco, California approving Zone Code Amendment 2021-04.
RECOMMENDATION:
Adopt Ordinance No. 1080, Second Reading, approving Zone Amendment 2021-04, amending Chapters 18.02 "Definitions", 18.17 "R-3 Low-Density Multi-Family Residential"' and 18.64 "Housing Development Overlay Zone", to be compliant with state law for projects that require ministerial approval, and to codify development guidelines/standards for projects in the Housing Development Overlay Zone (HDO).
Staff Report - Pdf
5.B. Ordinance No. 1081, Second Reading: An Ordinance of the City Council of the City of
Norco, California, Amending Norco Municipal Code Section 6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02.
RECOMMENDATION:
Adopt Ordinance No. 1081, Second Reading, Amending Norco Municipal Code Section 6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02.
Staff Report - Pdf
6. 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
City Council Agenda - April 6, 2022
6.A. Creation of City Council Subcommittee to Review and Recommend the Structure, Composition and Role and Responsibilities for the Economic Development Advisory Council
RECOMMENDATION:
Appoint two Council Members to serve on a City Council Subcommittee that will work with staff to review, and recommend the structure, composition and the role and responsibilities for the Economic Development Advisory Council.
Staff Report - Pdf
6.B. Authorizing Appropriation as determined by City Council from American Rescue Plan Act (ARPA) Fund Allocation to provide Financial Assistance in Support of City Co-Sponsored Community Events
RECOMMENDATION:
City Council to determine the amount of financial assistance to be provided by the City of Norco to Norco Horseweek, Norco Mounted Posse Rodeo and Norco Fair Committees to support their 2022 annual events at Ingalls Event Center; adopt as appropriate Resolution No. 2022-21 to provide financial assistance from ARPA funds.
Staff Report - Pdf
6.C. City Hall Exterior Signage
RECOMMENDATION:
Approve the recommended City Hall Signage Plan; approve Option A or B for the City Hall Logos
Staff Report - Pdf
7. PUBLIC HEARING(S)
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
City Council Agenda - April 6, 2022
7.A. Consideration of the addition of a Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.) to approved Measure R funded projects for Fiscal Year 2021-2022.
RECOMMENDATION:
Adopt Resolution No. 2022-22, to add a Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.) to the Measure R Capital Improvement Budget for FY 2021-2022; approve a purchase order amount of $65,544 to Nova Landscape Group and authorize the City Manager to issue change orders up to 10 percent of the purchase order amount.
Staff Report - Pdf
7.B. First Reading, Ordinance 1082 (City of Norco): A City initiated proposal to amend Norco Municipal Code (NMC) Section 18.30.35 “Mobile Home, Temporary Use for the Elderly”, to eliminate temporary housing; superseded by NMC Section 18.30.46 “Accessory Dwelling Units”. Zone Code Amendment 2022-01
RECOMMENDATION:
Adopt Ordinance 1082, for First Reading, amending Norco Municipal Code (NMC) Section 18.30.35 “Mobile Home, Temporary Use for the Elderly”, to eliminate temporary second units; and schedule the Second Reading on April 20, 2022. Zone Code Amendment 2022-01.
Staff Report - Pdf
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. 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.
City Council
STAFF REPORT
Date: April 6, 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:
City Council
STAFF REPORT
Date: April 6, 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 and Special Meeting Minutes RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 16, 2022 and Special Meeting Minutes of March 24, 2022.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Draft Minutes - 03/16/2022
Draft Minutes - 03/24/2022
MINUTES
City Council
Wednesday, March 16, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED 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 SESSIONS
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation One Case
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's 121-030-006, 125-100-046, 129-180-005, 131-210-012, 131-210-024, 131-210-025, 133-200-022
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENED PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated there were no reportable actions taken in Closed Sessions.
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God
PRESENTATIONS
Community Spirit Award: Jerry and Shelly Lunde
Council Member Hoffman presented the Community Spirit award to Jerry and Shelly Lunde for their dedication to community service and to the betterment of the City of Norco.
Proclamation: Women's History Month 2022
Mayor Newton called upon Mayor Pro Tem Grundmeyer to present Women's History Month Proclamation to female community members who have contributed to the
City Council Minutes - March 16, 2022
economic, cultural, spiritual, and/or political development of our city, Audrey Pavia, Pat Overstreet, Briana Hurd, and Cassandra Sanders-Holly.
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
a) Approve the Consent Calendar as presented.
Council Member Hoffman pulled Item 2F for discussion.
There were no public comments at this time.
M/S BASH/HOFFMAN approve the Consent Calendar with Item F removed for discussion. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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 Regular Meeting Minutes of March 2, 2022
2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on March 9, 2022
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on March 9, 2022.
City Council Minutes - March 16, 2022
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 staff to return to City Council in thirty days, or soon thereafter, for review until emergency is terminated.
2.E. 2021 Annual Housing Progress Report for Submittal to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development
Action: Received and filed.
2.G. Purchase of Replacement Cubicles and Desks for the Public Works and Planning Departments.
Action: Approved a purchase order in the amount of $96,581 to Miller Architecture Corporation to replace cubicles and desks for the Public Works and Planning Departments' work areas.
2.H. Reprogramming of 2019-2020 CDBG funds to the the 2021- 2022 Senior Recreation and Community Service Project.
Action: Approved to reprogram funds in the amount of $1,745 from the George Ingalls Equestrian Event Center ADA Parking Pads to the Senior Recreation and Community Service Project.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.F. Acceptance of bids and award of Contract for the Norco Hills Road Improvements Project
Council Member Hoffman had questions related to the landscaping that was answered by staff.
There were no public comments at this time.
M/S HOFFMAN/BASH Accept bids and award a contract to Onyx Paving Company, Inc. for the Norco Hills Road Improvements Project in the amount of $224,000; and authorize the City Manager to approve contract change orders up
City Council Minutes - March 16, 2022
to 10 percent of the total bid amount. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
Holly McMillan spoke regarding the War in Ukraine, Ukrainian Equestrian Federation and the assistance the Norco Community and surrounding Cities are providing to this effort.
Pat Hedges spoke regarding the status of the Kathy Azevedo Memorial and asked that the new barn event center be named after Kathy.
5. DISCUSSION / ACTION ITEM(S)
5.A. Sheriff’s Department Annual Report Presentation for 2021
Police Chief Lt. Rowan Presented the 2021 Sheriffs Office annual Report.
Mayor and City Council had questions and concerns that were addressed by Lt.
Rowan.
There were no public comments at this time.
Following discussion motion was made.
M/S ALEMAN/HOFFMAN Receive and File The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. Award of a Design Build Services Contract to ACT 1 Construction, Inc. for a New 21,000 Square Foot Enclosed “Barn” at the George Ingalls Equestrian Event Center
City Council Minutes - March 16, 2022
Community Development Director Anglin presented report on the 21,000 Square Foot Enclosed “Barn” at the George Ingalls Equestrian Event Center.
Council Members Hoffman and Aleman had questions and concerns and were addressed by staff.
Mayor Newton opened Public Comments.
Annie Peak 4H, spoke in support of the Barn event center.
Teagan Jefferson 4H, spoke in support of the Barn event center.
Isaiah Brauner 4H, spoke in support of the Barn event center
Pat Overstreet spoke in support of the Barn event center and support Act 1 construction.
Isabelle Henrichsen former President FFA , spoke in support of the Barn event center.
Amanda McCauley FFormer FFA Student, spoke in support of the Barn event center.
Mike Williams spoke in support of the Barn event center, had questions on the price going from 1 million to almost 4 million, and please put same effort in law enforcement and streets as you will on this Barn.
Geoff Kahan spoke in support of the Barn event center and support ACT 1 construction.
Norvah Williams spoke in support of the Barn event center and naming after Kathy Azevedo,
Patrick Mitchell spoke in support of the Barn event center and did have concerns on the cost.
Gina Boster spoke in support of the Barn event center.
Haleigh Mendoza spoke in support of the Barn event center.
Noemi Gonzalez spoke in support of the Barn event center.
Saydee Baker spoke in support of the Barn event center.
City Council Minutes - March 16, 2022
Heather Mendoza, spoke in support of the Barn event center.
Braylee Steele Alvord Aggies 4H, spoke in support of the Barn event center.
Caylee McNaul Alvord Aggies 4H, spoke in support of the Barn event center.
Hannah Hanks Alvord Aggies 4H, spoke in support of the Barn event center.
Madasyn Butler spoke in support of the Barn event center.
Carol Lindsey Ag teacher spoke in support of the Barn event center.
Nine email public comments were received and posted online for public review.
Mayor Newton closed Public Comments.
Mayor Newton, Mayor Pro Tem Grundmeyer and Council Members Aleman, Bash and Hoffman discussed item, asked questions of staff and provided concerns.
Staff answered questions of Council and addressed concerns.
Following further discussion motion was made to approve project with removing the $400,000 for furniture and equipment and bring that amount back during Fiscal Year Budget review.
M/S NEWTON/BASH Approve Contract between the City of Norco and Act 1 Construction, Inc. for a Design Build Project to construct a Steel Frame Monitor Barn in the amount of $3,098,059, and authorize the City Manager to approve contract change orders up to 10 percent of the original contract amount.
Adopt Resolution No. 2022-19 to appropriate funds in the amount of $2,471,440 to fully fund the Steel Frame Monitor Barn Project. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
City Council Minutes - March 16, 2022
6.A. Continued Public Hearing: Zone Code Amendment 2021-04 (City of Norco): An amendment to Title 18 (Zoning) of the Norco Municipal Code to establish Objective Development Standards (ODS) that will apply to any housing development project or mixed use housing project that, pursuant to State law, requires ministerial approval, or may be subject to discretionary review.
Planning Director Robles continued the presentation and powerpoint for the public hearing regarding Objective Development Standards for the City of Norco.
She reviewed the changes that were requested by the City Council at the meeting of March 16, 2022.
Council Members Bash, Aleman and Hoffman had questions and concerns.
City staff answered questions and addressed concerns.
Mayor Newton opened the Public Hearing.
There were no public comments for this item.
Mayor Newton closed the Public Hearing.
Following further discussion motions were made.
M/S ALEMAN/NEWTON Adopt Resolution No. 2022-18, to approve Objective Development Standards to be compliant with State Law for projects that require ministerial approval and to establish Development Guidelines/Standards for projects in the Housing Development Overlay Zone (HDO) with changes as recommended by City Council.
The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M/S ALEMAN/GRUNDMEYER Adopt Ordinance 1080, at its First Reading, recommending approval of Zone Code Amendment 2021-04; and schedule the Second Reading on April 6, 2022. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
City Council Minutes - March 16, 2022
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.B. Ordinance No. 1081, First Reading: Amending Norco Municipal Code Section
6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02
Public Works Director Blais presented report amending the Norco Municipal Code to include Composting to be allowed in the City.
Council Members Hoffman and Aleman had questions and discussed concerns regarding composting set backs and hazards.
City Staff and Fire Chief Veik answered questions and addressed concerns.
Mayor Newton opened Public Hearing.
Patrick Mitchell discussed composting and his support of the Ordinance
Mayor Newton closed the Public Hearing.
Mayor Pro Tem Grundmeyer and Council Member Hoffman discussed composting further, asked questions and provided concerns.
City Staff answered questions and addressed concerns.
Following discussion motion was made.
M/S HOFFMAN/NEWTON Adopt Ordinance No. 1081, First Reading: to amend Norco Municipal Code Section 6.42.300 “Composting” to allow composting on residential properties. Code Amendment 2022-02; and schedule Second Reading on April 6, 2022. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
Clerk Roa spoke regarding the Community Clean Up Event.
City Council Minutes - March 16, 2022
Public Works Director Blais spoke regarding traffic Issues due to bridge project, tree planting and irrigation and the Measure R Committee.
Council Member Hoffman spoke regarding monument, Corona Chamber Breakfast and State of the County.
Council Member Aleman spoke regarding Norconian Drive.
Council Member Bash spoke regarding loophole to adding RV parking attached to the home, he asked to send to Planning Commission to look a rules.
8. ADJOURNMENT
Mayor Newton adjourned the meeting at 10:41 p.m.
_________________________________
Dana Roa, CMC
City Clerk
MINUTES
City Council
Thursday, March 24, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 4:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
1. PUBLIC COMMENTS
There were no public comments at this time.
2. CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's 125-100-046,119-020-015, and 119-020-022 City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
3. REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated that there were no reportable actions taken during Closed Session.
4. ADJOURNMENT
Mayor Newton adjourned the meeting at 4:39 pm.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Parks, Recreation and Community Services
SUBJECT:
Addendum No. 1 to Lease Agreement with the Norco Fair Committee for a Community Fair at the George Ingalls Equestrian Event Center
RECOMMENDATION:
Approve Addendum No. 1 for a Lease Agreement Extension with the Norco Fair Committee for a community fair at the George Ingalls Equestrian Event Center.
SUMMARY:
The most recent Norco Fair Lease Agreement was for the period of July 20, 2016 through December 20, 2021 (Exhibit “A”). With this agreement being expired, the Norco Fair Committee has requested an extension of this lease agreement for one year for use of the George Ingalls Equestrian Event Center for the annual Labor Day Norco Fair.
BACKGROUND:
The Norco Fair Committee (NFC) describes itself as a grass roots group of volunteers, service group and non-profit who host the Norco Fair at the George Ingalls Equestrian Event Center. The NFC is comprised of local dedicated volunteers who have demonstrated a successful model that promotes the City’s image and sense of place through a longstanding historical community event.
During the term of the recent agreement, the Norco Fair was only able to be held three of the five years due to the COVID-19 Pandemic. The fair is returning for Labor Day 2022 and the President of the NFC, Gonzo Morales, has requested a one-year extension of the recent agreement with the understanding that a new agreement will be negotiated for 2023 and beyond (Exhibit “B”). The committee has expressed concerns with low seed funds, the cause and effect of COVID-19, the uncertainty of sponsorships, etc., not to mention an increase in costs of a new agreement.
Should City Council approve Addendum No. 1 to the current agreement, compensation to the City would be as follows as identified in the original agreement: the City would
receive 2.5% of gross revenues from the Norco Fair event for the rental of facilities not to exceed $10,000 annually; direct City costs will be paid at fully burdened rate by NFC; any third party costs, such as electricity, shall be paid by Lessee at the burden rate without any City markup; and there will be no charge for use of bleachers. If damage or other City costs exceed that of the deposit bond, the Norco Fair Committee will be billed for the difference of all costs. Additionally, NFC will pay Riverside County Sheriff costs according to updated Green Sheet (Appendix B of original contract) that will be provided to the event leaseholder during the annual security planning meeting.
FISCAL IMPACT:
The City anticipates receiving 2.5% of gross revenue generated from the Fair, not to exceed $10,000 annually as rental for the use of various facilities. Rental revenue received by the City will be deposited into the City’s General Fund. Additionally, the City will be reimbursed for all of its direct and third party costs as outlined in Appendix A and B of the original agreement. Receipt for reimbursement of costs will be deposited into the Funds that paid for the costs.
RELATIONSHIP TO STRATEGIC PLAN:
Extension of the Norco Fair Committee Lease Agreement is consistent with Strategic Plan #4 Communication and Stakeholder Experience - Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
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
Exhibit B
Addendum No 1
CITY OF NORCO
PARKS, RECREATION AND COMMUNITYSERVICES
LEASE AGREEMENT
THIS LEASE AGREEMENT, hereinafter referred to as “LEASE" made and entered intoon the day and year as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter referred to as “LESSOR," and the NORCO FAIR COMMITTEE, a community-based organization located in Norco, California, hereinafter referred to as “LESSEE.”
W I T N E S S E T H:
Lessor, subject to the covenants and agreement hereinafter contained by the Lessee to be kept and performed, demises, leases and lets unto said Lessee and Lessee does lease from Lessor those certain premises in the City of Norco, County of Riverside, State of California, described as follows:
The real property, George lngalls Equestrian Event Center, (hereinafter referred to as “Event Center"), including all areas, permanent restrooms and parking lots, on and off site, to have and to hold unto said Lessee on the following terms and conditions:
1. PURPOSE
Lessee shall have sole control of the aforementioned premises forthe term of this Lease and may use said premises solely for the purpose of conducting the NORCO FAIR, said Fairto include amusements for people of all ages, eating and drinking concessions, retail vendors, entertainers, pageant, concerts, horse shows, bullriding,lawn mower races, rodeos style events, exhibits and entertainment.Lessee shall be able to sell alcoholic beverages and allowed to be consumed on said premises during the term of this Lease.
2. TERM
This Lease covers a five — year period from July 20, 2016 through December 20, 2021. Terms and conditions and use of the lease will be reviewed by Lessor and Lessee at a minimum 180 days prior to each annual event use.
The Labor Day event shall be for a period of five (5) days, with setup preparation commencing four (4) days priorto the event date providing the NorcoMounted Posse and the Norco Fair Committee reach an agreement to release areas within the Event Centerfor pre setup by Norco Fair Committee and by noon (4) days of post cleanup.
In those cases where the calendar provides a week between the two events, the Lessee may retain use after the Norco Mounted Posse vacates the Event Center at no cost for pre set-up ifthe Event Center has no reservations priorto 30 days of the event pre setup start date. In the event the Lessor has a reservation during this time the Lessor shall accommodate the Lessee’s carnival during set-up and transition of events. The Lessor will be responsible for delineating the areas forthe carnival and those assigned parking areas for Moreno or Clark Arena for specific use by the Lessor, all other areas willbe released to the Lessee during transition phase of Norco Mounted Posse Event and Norco Fair all released areas willbe done through the use of a written transition agreement between all parties. In the event of a dispute of agreement oftransition for use, the Leasor willmake a final decision regarding acceptability for the release of all areas for use within the Event
Center. Post clean up to include removal of all equipment, trash and debris by noon ofthe fourth day following the closure ofthe event or the Lessor willremove all equipment at the sole expense of the Lessee.
The two Edison electrical meters will be read prior to the start of the fair and immediately after the fair with representatives from the Lessee and Lessor. The full Edison rate willbe charged for all electrical usage at the Event Center. Any exception must be approved by the City of Norco.
The arenas and grounds at the Event Center will be watered and prepared by the Lessor prior to the commencement of the annual term of the Lease.
Lessee will have full control of areas of the Event Center as defined herein including any and all activities of the Event Center to include Pikes Peak Park during the Norco Fair.
Lessee willdirect the parking of vehicles during the Fair. Lessee recognizes that the Event Center is a publicly owned facility and, subject to Lessee’s admission charges and reasonable rules governing conduct upon admission, may not refuse admission to any member of the public at large.
3. LESSEE’S CONSIDERATION
Lessee covenants and agrees that it will pay a refundable security deposit bond of $5,000 for damage and cleaning. The security deposit willbe refunded ifall terms and condition of this Lease are met. Said fees shall be paid no later than July 15‘of each year.
Lessee agrees to provide at the request of the City all journals and other accounting records itemizing all gross revenues received for the event. Allrevenues received may be in the form of cash, check, online or credit card payments and must be submitted 45 days after end of event.
4. CONDITIONSOF LEASE
In lieu of a facility use rental fees, Lessee agrees to pay to the Citya 2.5% of gross revenues from the Norco Fair event for the rental of the facilities not to exceed $10,000 for each annual event. Direct city costs will be paid at fully burdened rate by Lessee. Examples of direct costs are referenced in (Appendix “A”).Third party costs such as electricity shall be paid by Lessee at cost without any City markup. Lessee shall review with Lessor annually 180 days prior to event use. The City willwaive the flat rate bleacher seat fee during the event. Ifdamage or other city costs exceed that of the deposit bond, the Norco Fair Committee will be billed for the difference of all costs.
5. INDEMNIFICATIONAND INSURANCEFOR LIABILITY
Lessee agrees and covenants that as part of its consideration to Lessor for leasing said premises, it shall hold and save Lessor and Lessor‘s officers, agents, City Council Members, City employees and Riverside County Sheriff Department Employees and Citizens on Patrol free, clear and harmless from any and all demands, claims, actions, causes of action by any person or persons whosoever, loss, cost or damage that may arise out of or in connection with Lessee’s sponsorship of said Norco Fair and/or use of the aforementioned premises by Lessee, its officers, agent and employees or any other person during the term of this Lease.
Lessee further agrees to deliver on or before August 15‘of each year, to Lessor two executed copies of a continuing Public Liability and Property Damage Insurance Policy and all endorsements naming the City of Norco and its employees and agents as additional insureds in a form that is satisfaotoryto Lessorto effectually indemnify
and hold Lessor, its officers, agents, City Council Members, City employees and Riverside County Sheriff Department Employees harmless against any and all claims related to all activities associated at the Norco Fair (including the parade and animal-related events) in the amount of $1 ,O00,000 for injury to any one person in any one incident, $2,000,000 for injuries sustained by more than one person in a single incident, $100,000 for property damage sustained by any one person in a single incident, $1 ,0O0,000 for liquor liabilityand $1,000,000 for product liability and shall keep the same in fulleffect and force during the term of this Lease. Insurance will need to be submitted by August 15‘of each year. The insurance policy must be approved by the City’sinsurer PERMA and list the City of Norco as additional insured on the insurance policy and all endorsements required for individual activities to secure all liability risks included in the event. The carnival concessionaire obtained by the Lessee forthe Norco Fair must provide to the Lessora liabilityinsurance policy that names not only the Lessee as additionally insured, but must name the City of Norco as an additionally insured endorsement and must satisfy the City of Norco and PERMA requirements for general liability and not less than $4 million dollars per occurrence.
6. REPAIRS AND MAINTENANCE
Lessee represents that it has inspected and examined the demised premises and accepts them in their present conditions as of the effective date ofthe term of this Lease contingent upon a re-inspection and acceptance to be conducted priorto the annual term ofthe Lease. Lessor agrees that all electrical, plumbing and drainage facilities will be in complete operating condition to allow full utilization of said premises. Lessee agrees that Lessor shall not be required to make any improvements whatsoever in or upon the premises hereby demised or any part thereof. Lessor agrees to make any repairs deemed necessary to place the facility in a safe operating condition priorto the start ofthe Lease period. Lessee agrees to make all reasonable repairs to said premises during the term ofthe Lease, at Lessee’s sole cost and expense. Lessee further agrees to keep said premises safe and in good condition and order at all times during the Lease period and upon expiration ofthis Lease or at any soonertermination thereof, the Lessee willquit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted; Lessee further agrees to keep and lease said premises free from all nuisance and dangerous and defective conditions.
Lessee further covenants and agrees to keep at its own expense any and all building and structures clean and free of garbage, refuse and debris. Said cleaning operations shall be properly supervised and subject to the continuing approval of Lessor.
Lessee willfurnish on an on-call basis, during the term ofthe Lease, a licensed electrician and plumber to handle any electrical or plumbing problems that may arise during the event period. At no time willany major changes be made with regard to electrical or plumbing implementation without the City's approval. Any and all call-outs by the Lessee or services rendered for the Lessor during the term willbe reimbursed back to the City at the Lessee’s sole cost and expense.
Lessee will be responsible for the supervision of all cleaning of the facilities which includes all permanent restrooms, parking lots and lands surrounding grounds and streets. Upon failure to return facilities within Event Center and surrounding grounds and streets back to an acceptable standard by the Lessee, the Lessor shall correct all areas at the sole cost and expense of the Lessee.
Itis the responsibility ofthe Lessee to provide adequate lighting in the parking area and all areas deemed necessary by the Lessor or its agent and to provide for operation and maintenance.
7. SANITATION FACILITIES
Lessee agrees to provide no less than Riverside County Health Department Standards and Uniform Building Codes (UBC) requirement for sanitation facilities on said premises, during the term of this Lease. A service schedule for the portable and permanent restrooms shall be required, and locations of the portable restrooms shall be provided with a site plan that designates the location of the restrooms, and is due to the City by August 15‘of each year. City staff shall have the discretion to require additional toilets if needed for the health, safety and welfare of the public. The particular location of each toilet shall be determined by Lessee. Lessee further agrees to keep at its’ owns expense, said toilets and those sanitation facilities provided by the Lessee clean and continually operational and properly maintained as to necessary supplies. Failure to return facilities back to an acceptable standard by Lessee, the Lessor shall correct all areas at the sole cost and expense of the Lessee.
8. IMPROVEMENTS
Lessee may, subject to prior written approval of Lessor’s Agent, at Lessee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to fitsaid premises for the purpose stated herein and improvements of every kind and nature, wherever installed by Lessee, shall remain the property of Lessee, who shall remove the same upon the termination of this Lease, provided that such removal shall be done in such a manner as not to injure or damage the demised premises and provided further, that should Lessee fail to remove said improvements as above provided, Lessor, at its option, shall require Lessee to remove the same. In the event that said Lessee shall failto remove said improvements after receipt of notice from Lessor, Lessor may remove the same and dispose of the same as itsees fit.
Lessee further agrees that should Lessor remove said improvements as above provided, that Lessee will pay Lessor upon demand the cost of such removal, plus the cost of transportation and disposition thereof.
9. ALCOHOLICBEVERAGE CONCESSION
All alcoholic beverage concessions must be operated following the ABC Guidelines and the guidelines and restrictions specified by the Lessor and the Riverside County Sheriff's Department. The following conditions must be met:
A. Alcohol possession and consumption will be restricted to Beverage “Alcohol”Zones as identified in the annual site plan provided by the Lessee to the Lessor and to ABC.
B. Beverage “Alcohol”Zones area map shall be provided.
C. Conditions for Beverage “Alcohol”Zones:
The Lessee will provide the security staff. All security staff must sign in and out at the beginning and end of each shift at the Sheriff’s Command Post at the Fair.
i. The Lessee will provide one security guard to monitor the 4-H area on the Sunday of each year when alcohol
is permitted to be consumed in this area.
ii. The Lessee must obtain a temporary ABC permit from
the City of Norco and Riverside County Sherriff’s
Department to request a license from the California
Department of Alcoholic Beverage Control to sell
alcoholic beverages and willabide by the conditions.
iii. The Lessee will use tamper-resistant wrist bands to identify those who are 21 years or older and who
purchase or consume alcoholic beverages. A different
color wrist band willbe used each day.
iv. At least one representative from the Lessee will be available to check identification cards from those
attempting to purchase or in possession of alcoholic
beverages. An additional Sheriff willbe made available
for this purpose ifdemand exists.
v. An Alcohol Sales Tax shall be paid by Lessee and proof of payment shall be provided to Lessor. if sales tax is not paid, a ten percent Alcohol concession fee will be
charged and applied.
10. FOOD AND RETAILCONCESSlONOR (VENDOR)
All food and retail concessions must be operated following the Riverside County Environmental Health Guidelines, California State Board of Equalization, Fire Department guidelines and city of Norco business license permits. All food, retail exhibitors and entertainers are required to provide all necessary permits, licenses, vendor site map and insurance and submit to the city no less than (30) days priorto event. Lessee further agrees to deliver on or before August 15'of each year, to Lessor two executed copies of a continuing Public Liability and Property Damage Insurance Policy and all endorsements naming the City of Norco and its employees and agents as additional insured’s in a form that is satisfactory to Lessorto effectually indemnify and hold Lessor, its officers, agents, City Council Members, City employees and Riverside County Sheriff Department Employees harmless against any and all claims related to all activities related to food and retail concessions in the amount of $1 ,000,000 for injuryto anyone person in any one incident, $2,000,000 for injuries sustained by more than one person in a single incident and $1,000,000 product liability.
11. USE OF THE NORCO HORSETOWN USA NAMEAND LOGO
Lessee agrees to use the Norco Horsetown USA name and/or logo separately by itself, without any prefix, suffix or modifying words, terms, designs or symbols and agree not to alter the Norco Horsetown USA name and/or logo in any manner.
Lessee agrees that the Norco Horsetown USA name and/or logo shall not be used for political or commercial purposes.
Lessee further agrees not to use any other trademark, any trade name, product name or any othenmeans of designation, commercial or business identification in association with the Norco Horsetown USA name and/or logo so as to create a trademark merged with the Norco Horsetown USA name and/or logo.
Lessee shall not use the Norco Horsetown USA name and/or logo in any mannerthat may disparage the City of Norco, its Mayor, Council Members, employees, agents and others acting on its behalf (collectively, the “related parties”), that may be in violationofany ofthe proprietary rights of the City of Norco orthe related parties, orthat violates any applicable law, ordinance, or regulation.
Lessee willnot use the Norco Horsetown USA name and/or logo in any mannerthat might imply sponsorship, endorsement or any association between you and the City of Norco or the related parties. This includes campaign materials.
The Lessee will not assist or allow any other person or legal entity to copy the Norco Horsetown USA name and/or logo licensed to you, or to use the Norco Horsetown USA name and/or logo for any purpose whatsoever.
Lessee agrees at all times to defend, indemnify and hold harmless the City of Norco, the related parties, and the successors and assigns of each of the foregoing (collectively, the “indemnifiedparties”) from and against, and pay and reimburse the indemnified parties for any liabilities, obligations, losses, damages, costs or expenses (including, but not limited to, interest penalties and reasonable legal fees) incurred in connection with anythird party claims, arising out of, resulting from or relating to your use of the Norco Horsetown USA name and/or logo, or any representation by you contained herein being untrue or any alleged act of omission by you, others who obtain the Norco Horsetown USA name and/or logo licensed to you or copied from that Norco Horsetown USA name and/or logo, or your agents in the performance of, or failure to perform, your obligations set forth inthe terms of this Agreement.
Lessee willensure that the Norco Fair use ofthe Norco Horsetown USA name and/or logo willnot be in association with any libelous, defamatory, obscene or unlawful material, any material that might in any manner embarrass the City of Norco of the related parties, or othenrvise violate or infringe any right of any third party.
The City of Norco shall have the right to terminate this Agreement at any time on ten (10) days’ notice to you whereupon you willimmediately cease all use ofthe Norco Horsetown USA name and/or logo and destroy all your copies of the Norco Horsetown USA name and/or logo.
Lessee agrees that the Norco Horsetown USA name and/or logo is provided to you on an “as is” basis without representation or warranty whatsoever whether expressed, implied or by operation of law. You agree to assume all of the risks associated with the Norco Horsetown USA name and/or logo and your use thereof, and you further agree that neither the City of Norco nor the related parties will be liable for any direct, indirect, incidental, consequential or special loss or damage suffered or incurred by you, even ifthe City of Norco or any of the related parties has been apprised of the likelihood of such loss or damage occurring.
This agreement to use the Horsetown USA name and/or logo is only forthe terms of this contract and shall be governed by and construed according to the laws of the State of California and the United States of America.
12. PROHIBITION AS TO ASSIGNMENT AND SUB LEASING
Neither the demised premises nor any portion thereof shall be sublet, nor shall this Lease, or any interest therein, be assigned, hypothecated or mortgaged by Lessee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-Lessee, mortgagee or pledge, provided, however, Lessee may provide a portion of the demised premises for 3"’party vendors providing the 3”’party vendor has an existing City business license or obtains a special event license and from the City for the length of time of the scheduled event. Proof of license is the responsibility of the Lessee and license information can be obtained from the City Business License Clerk.
The special event license has a per—daycharge with a one-time five dollar processing fee.
13. COMPLIANCE WITH THE LAW
Lessee shall comply with all federal, state and local laws and ordinances pertaining to the operations and activity to be conducted upon said described premises by Lessee and shall not commit or allow violation of any law or ordinance on said premises.
14. LIABILITYFOR INJURIES TO PERSONAL PROPERTY
Lessor shall not be liable to Lessee or Lessee’s officers, agents, employees, members, guests, vendors or concessionaires for any damage caused to his or their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating and sewer pipes or plumbing upon, about or adjacent to said premises.
15. LIABILITYFOR PROPERTY DAMAGE TO LESSOR’S FACILITIES Lessee agrees to pay for any and alldamages caused to any facilities, buildings, structures and improvements of Lessor on said described property, if said damages are a direct result of Lessee’s use of the described premises during the term of this Lease. Said payment shall be made within 30 days after receipt from Lessor of an itemized invoice delineating damage and cost to repair such.
16. INSPECTION BY LESSOR
Lessor and its duly authorized representatives shall have the right at all times to inspect said demised premises to determine whether or not the provisions of the Lease are being complied with by Lessee.
17. PARKS AND RECREATION
Lessee willpay all overtime and extra staffing required outside of lease rate associated to the operation, maintenance and facilitation at the Event Center and Pikes Peak Park this to include pre and post use by the Lessee. The Lessor shall provide two (2) City shuttles to include one driver for each shuttle provided by the Lessor with one volunteerfrom the Lessee for each shuttle. Should the Lessee not provide a volunteerthe Lessor has the right to provide another staff person to accommodate the shuttle service at the cost of the Lessee. This is to include pre, post and event usage. By August 15‘of each year, Lessee will provide a site plan for each usage of the Event Center willLessee agrees to pay the City of Norco for said services within 14 days of receiving the invoice.
18. POLICE PROTECTION AND SECURITY
Lessee shall provide at its own expense that law enforcement and police protection which Lessor deems necessary to protect persons using the demised premises for the purpose of which said property is leased and the structures and improvements on said premises. By July 315'of each year, the Lessee is required to provide the Lessor’s designated representative a security plan, which the RiversideCounty Sheriffs Department (Norco Office) willreview and approve priorto use. The approval will include Riverside County Sheriffs Departments estimated unit cost (Appendix “B”)based on approved security plan for law enforcement protection required herein under. Lessee agrees to pay the Riverside County Sheriffs Department for said services based on Green Sheet estimates for Sheriff Stafftime by July 315‘.Any costs above deposit willbe billed to Lessee within 30 days of close of event. Any unused portion willbe reimbursed back to the Lessee upon verification by Sheriffs accounting and financing standards.
The Lessee will provide to the Sheriff Department its security company documentation showing employees who are working the event and have a current state Security Guard card. Ifthe designated security positions are not filled the Lessee will pay the Riverside County Sheriff's Department at current green sheet rate for deputies to staff the unfilled positions. Allsecurity staff must be employed by a security company, licensed in the State of California; or they must possess a valid current guard card issued by the State of California; or they must be off-duty peace officers. Security staff willwear a distinctive uniform so that they are easily identifiable by the public and security willnot be armed.
The Lessee will not be charged the Jail Access Fee for persons who arrive at the fair intoxicated and who are detained by the security guard at one of the entry gates. However, the Lessee will pay full cost to the City of Norco for each person who is arrested at the Fairgrounds and booked for a misdemeanor crime.
This staffing plan does not include “Battle of the Bands”. Should this event be an addition to the Norco Fair, Sheriff staffing and security will be required. Any program that would include a Battle of the Bands must be submitted to the City and Sheriff Department six months in advance of event dates.
The Sheriff’s Department force will be increased at the discretion of the Sheriffs Department upon consultation with the Executive Board Members of the Lessee in nonemergency situations.
19. FIRE PROTECTION & EMERGENCY MEDICAL SERVICES
Lessee shall provide fire protection and emergency medical services which Lessor deems necessary to protect the improvements, structures and occupants of the event center during the term of this Lease. The City of Norco CALFIRE Riverside County Fire Department or other designated representative shall advise Lessee no later than July 31 S’.of each year as to the fire protection emergency medical services that must be provided by Lessee. Lessor may at anytime during the term ofthis Lease notifyLessee that itmust provide at its own expense additional fire protection services. Lessee agrees to pay the City of Norco for said services within 14 days of receiving the invoice
20. PUBLIC WORKS/ ENGINEERING
By July 315‘.of each year, the Lessee is required to provide the Lessor’s designated representative a traffic handling plan to include the annual Labor Day Parade which the Public Works Department willreview and approve priorto activity. The approval willinclude the Public Works Department requirements for a plan to move vehicle
traffic in and out of the event center safely, as well as addressing event parking and the Labor Day Parade route. Any cost for the Public Works Departments assistance, is. traffic control, Parade route assistance, equipment rental, Department of Transportation (DOT) reimbursement for City owned equipment willnot be charged. Staffthat is provided to the Lessee’s willbe billed at fully burdened rate to the Lessee. Lessee agrees to pay the City of Norco for services within 14 days of receiving the invoice.
21. ANIMALCONTROL SERVICES
Lessee shall provide to Lessors designated representative a proposed schedule of all livestock or animal related events by July 315‘.of each year. Alllivestock or animal related events are subject to conditions and or imposed restrictions by the Animal Control. Lessee willpay for any expense related to Animal Control Services for oversight of all rough stock and rodeo events. Lessee agrees to paythe City of Norco at fullyburdened rate for said services within 14 days of receiving the invoice. Livestock contractor and stand-by vet information is due by July 315‘of each year, to the City.
22. RETURN OF PREMISES
Lessee shall return to City the said described premises and all structures and improvements thereon in the same condition as they were at the time of receipt of premises, normal wear and tear excepted. A mandatory pre walk-thru must take place before Lessee takes possession of the facilityalong with a mandatory post walk-thru taking place prior to the Lessee returning the facility to the Lessor.
23. TERMINATION BY LESSOR
Lessor may terminate this Lease at any time should the Lessee fail to timely comply with the provisions of Section 2 or 4, or it be determined by the CityCouncil that the public peace, health, safety and welfare of the City of Norco requires itto do so by serving upon Lessee in the manner hereinafter provided a written notice of its election to so terminate, which said notice shall be served at least 24 hours prior to the date in said notice named for such termination.
24. DEFAULT
In the event that Lessee shall be in default or failto perform any of the terms or conditions herein agreed to be kept and performed by the Lessee, Lessor may terminate and end this Lease forthwith and Lessor may enter upon said premises and remove all persons and property there from and Lessee shall not be entitled to any money paid hereunder or any part thereof.
25. WAIVER
Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants or conditions contained herein, shall not be deemed a continuing waiver of the same or any subsequent default herein.
26. ATTORNEY’S FEES
Should Lessor bring any legal action for the purposes of protecting or enforcing its rights underthis Lease, the prevailing party is entitled to reasonable attorneys‘ fees and costs.
27. TIME OF PERFORMANCE
TIME IS OF THE ESSENCE INTHIS LEASE. All covenants must be performed promptly and payment made on the date herein provided. lfany default shall be made in any of the covenants on the part ofthe Lessee, Lessor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Lessee is hereby expressly given.
28. NOTICES
Any notices which are required hereunder or which either Lessor or Lessee may desire to service upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed to the Lessor as follows to City of Norco, 2870 Clark Avenue, Norco, California, 92860 and addressed to Lessee at P.O. Box 803, Norco, California, 92860.
A. Either Party has the right to terminate this Lease by written Notice 120 days priorto the event. Written notice must be sent by Certified Mail.
29. SUCCESSORS OF THE PARTIES
This Lease shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on July 20, 2016.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
Cheryl L.Iilnk, CMC, City Cierk
NORCO FAIR COMMITTEE
A,., /
NorgairCommittee ai
2 ted
IV.
VI.
VII.
VIII.
IX.
(APPENDIX “A”)
Direct Cost Examples
Cost associated to utility use.
Cost associated to rental of equipment by the City for use during lease event; i.e., traffic delineators, cones, A—Frames,
Cost associated to unforeseen conditions for repairs or vandalism that exceed that of the security/damage deposit.
Cost associated to event for added Public Safety and Emergency Response or services.
Cost associated to overtime for City Staff.
Cost associated to fully burden rate for staff assigned to event.
Cost associated to permits required.
Use of water for rides and activities specific to the apparatus needs.
Third party cost incurred by the City on behalf of the event lease holder.
(APPENDIX “B”)
Riverside County Sheriff “Green Sheet” Sample Cost
Cost associated with Riverside Sheriff Office (RSO) for Special Events “Green Sheet”.
Please note the burden cost is adjustable by the Sheriff Department ?scally. This Appendix will be evaluated annually and updates will be provided to the event lease holder during the annual security planning meeting.
GREEN SHEET:
- RSO Sargent $110.13
- RSO Deputy $ 80.57
- CSO ll $ 61.56
c ExploreslRSO $ 0.00
2016 RSO Event Security Estimated Hours = 118
2016 R80 Event Security Estimated cost = $9,136.15
- Overture or additional RSO staffing will be billed at the burden rate as established by the Sheriff Department Green Sheet.
- Note the above is only an estimate base on the preliminary approved security plan for 2016 and does not identified the private security required by the City and RS0 for this annual event.
Date: 2/8/2022
To: Cily of Norco
Affn: Michelle Anglin / Pally Ireland
Reference: Norco Fair Conlracl Exlension
Michelle / Pally,
Due To recenl evenls and poslponing of Norco Fair these past 2 years, we would like to ask for an exlension To our Norco Fair conlracl inlo end of this year 2022.
Thiswill be for Thisyear only bul would like lo have meeling To discuss mulli-year contract for nexl year and beyond. We look forward lo, a successful Norco Fair Thisyear wilh many more To come. Please lel me know ifThere are any queslion and or concerns.
Norco Fair Comrr’ji’r’
Norco FolirCommillee Choirmon
Gonzolo “Gonzo” Murillo
EXHIBIT "B"
Addendum No. 1 to
Lease Agreement by and between
the City of Norco and Norco Fair Committee
This Addendum to the Lease Agreement by and between the City of Norco and the Norco Fair Committee approving a one-year lease extension of the agreement dated July 20, 2016, is made and entered into as of this 6
th day of April, 2022.
Section 2 TERM
This Lease covers a six-year period from May 19, 2016 through December 20, 2022. Terms and conditions and use of the lease will be reviewed by Lessor and Lessee at a minimum of 180 days prior to each annual event use.
Addendum No. 1 only refers to this portion (one-year extension) of the Lease Agreement by and between the City of Norco and Norco Fair Committee. All other conditions and/or sections of the original Lease Agreement remain as originally noted.
Norco Fair Committee Lease Agreement
Addendum No. 1
IN WITNESS WHEREOF, the parties hereto have caused this Addendum No. 1 to the Lease Agreement to be duly executed this day and year first written above.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By: __________________________
Greg Newton, Mayor
ATTEST:
____________________________
Dana Roa, CMC, City Clerk
NORCO FAIR COMMITTEE
By: _________________________
Norco Fair Committee Chair
By: _________________________
Norco Fair Committee Secretary
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Andy Okoro, City Manager
Department: Administration
SUBJECT:
Confirmation of Kosmont Realty Corporation as Broker to Sell Successor Agency Property in Compliance with Applicable Legal Requirements RECOMMENDATION:
Staff recommends that the Successor Agency Board to the former Norco Community Redevelop Agency (RDA) confirm Kosmont Realty Corporation (KRC) as its broker to market and sell the remaining Long-Range Property Management Plan vacant parcel located at 1695 Hidden Valley in the City of Norco, in compliance with applicable legal requirements related to the dissolution of the former RDA.
SUMMARY:
This is a housekeeping item for the Successor Agency (SA) Board to confirm KRC as its broker to market and sell the remaining property subject to the Long-Range Property Management Plan developed as part of the dissolution of the former Norco RDA.
Specifically, with this action KRC will undertake all processes in compliance of applicable legal requirements to sell Successor Agency's 0.4 acre vacant parcel located at 1695 Hidden Valley Parkway in the City of Norco.
A Purchase and Sale Agreement between the SA and Ashraf Rajpoot was previously approved by the SA in 2017 and amended in 2020 for the sale of this parcel in the amount of $110,000. The escrow failed to close due to the buyer's inability to perform and has now been cancelled. It is now necessary for the SA to undertake steps under current State laws to sell this vacant parcel in order to comply with the requirements of the LongRange Property Management Plan. Net proceeds, after deduction of commission and other selling expenses from the gross proceeds will be sent to the County AuditorController for distribution to affected taxing agencies.
BACKGROUND:
All Redevelopment Agencies in the State were dissolved by Governor Jerry Brown effective February 1, 2012. With the dissolution of RDAs, Successor Agencies were
created for each RDA to oversee the orderly wind-down of the activities of the dissolved agencies. Part of the wind down process included development of a Long-Range Property Management Plan (LRPMP) that identified properties owned by the dissolved RDA and how those properties will be managed and/or disposed. The SA's LRPMP which included
0.4 acres of vacant land parcel located at 1695 Hidden Valley Parkway in the City of Norco. The SA's LRPMP was approved by the State on February 6, 2015. The SA retained KRC as its broker to market and sell the LRPMP properties in compliance with applicable legal requirements.
In 2017, the SA approved a Purchase and Sale Agreement (PSA) between the SA and Ashraf Rajpoot for the sale of the Hidden Valley property in the amount of $110,000. The PSA was amended to extend escrow due to difficulties with the buyer completing due diligence. Unfortunately, the buyer made no progress to close escrow for the sale transaction. At the request of Escrow Agent - North American Title Company, Inc., escrow for the PSA has now been cancelled.
The SA is required to begin a new process to sell this property. Due to the implementation of the Surplus Land Act (SLA) - AB 1486 as amended in 2020, the SA must follow and comply with certain required legal steps before the property can be offered for sale to private third parties. One of the requirements of the SLA is that the SA must go through a 60-day noticing period to first offer the property to affordable housing developers and other public entities noted in the statute prior to selling the property to any private thirdparty buyers. If the SA does not receive any letters of interest during the 60-day notice period, then it is free to proceed with sale of the property to any third-party private buyer.
However, if the SA receives responses to the 60-day notice, then it must negotiate in good faith with those interested parties for a period of 90 days, before it proceeds with any other buyer that wishes to purchase the property.
KRC has extensive experience working on the sale of City and SA real property assets:
securing necessary approval, interfacing with County Oversight Boards and State Department of Finance. KRC worked with the Norco SA to sell the SA property on Four Wheel Drive and was representing the SA for the sale of this property prior to escrow cancellation. Due to passage of time, staff is recommending that the SA confirm retaining KRC as its broker for the sale of 1695 Hidden Valley parcel in accordance with applicable legal requirements. Ultimately, the sale of this property will require approval by the SA and the Countywide Oversight Board.
To conduct the required SLA process, KRC will receive $5,000 from the proceeds of the sale. Additionally, KRC will receive 5% of gross sales as commission. The net proceeds, after payment to KRC, escrow agent and other related costs, will be sent to the County Auditor-Controller for distribution to affected taxing entities. It is estimated that the City of Norco will receive about 14% of the net proceeds.
FISCAL IMPACT:
There is no fiscal impact as a result of this action on the Adopted FY 2021-2022 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
This recommended action is consistent with the City's Economic Development and Financial Stability Strategic Plan Priority.
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
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Change Order for Additional Work needed at Nellie Weaver Hall for the Exterior Painting Project.
RECOMMENDATION:
Approve the change order in the amount of $2,110 for Astro Painting Company, Inc. to complete additional exterior painting at Nellie Weaver Hall for a total project cost of $85,600, as part of the Norco City Hall, Nellie Weaver Hall, Riley Gym, and Fire Station 57 Exterior Painting Project.
SUMMARY:
Staff is requesting that City Council approve a change order in the amount of $2,110 to include additional facility areas not included in the original scope of work for Nellie Weaver Hall.
During the Nellie Weaver Hall portion of the project, staff determined that areas of the facility were not included in the scope of work. The stage in the amphitheater, sound booth, and stairs are in need of exterior paint. Since the exterior paint colors have also been changed, it is necessary to include the additional facility locations in the scope of work for the overall consistency.
The additional work will include the areas to be power washed, prepped, primed, and painted with two coats of finish to match the new finish of the main building.
BACKGROUND:
On December 15, 2021, the City Council awarded the building exterior painting contract to Astro Painting Company, Inc. in the amount of $75,900. The City Council also approved a 10% contingency for the project in the amount of $83,490 for unforeseen conditions that require additional work to complete the project.
To date, both the Riley Gym and Fire Station 57 have been completed as part of this project. Change orders that were covered by the 10% contingency were issued for additional repairs at Riley Gym and Fire Station 57. In addition, the contingency also covered additional window repairs at Nellie Weaver Hall where the trim, molding, and shutters were removed and replaced.
Staff has reviewed the change order and has determined the proposed cost to be reasonable. Therefore, staff is requesting that City Council approve the change order in the amount of $2,110 for Astro Painting Company, Inc. to complete the Nellie Weaver Hall Exterior Painting Project with a total project cost of $85,600.
FISCAL IMPACT:
The Norco City Hall, Nellie Weaver Hall, Riley Gym, and Fire Station 57 Exterior Painting Project was approved as a Capital Improvement Program (CIP) project for Fiscal Year 2021-2022 utilizing Measure R funds in the amount of $150,000.
Funds are available in Fiscal Year 2021-2022 to fund the project and added change order amount of $2,110 with a total project cost of $85,600.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of the change order consistent with Strategic Direction #5 - Infrastructure and Asset Management, "Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets."
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
Nellie Weaver Hall - Additional Work
The additional work will include the areas to be power washed, prepped, primed, and painted with two coats of finish to match the new finish of the main building.
STAGE SOUND BOOTH
STAIRS
EXHIBIT "A"
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Kelli Newton, Communications Manager
Department: Administration
SUBJECT:
New Observance Request: Day of the Child
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Day of the Child.
SUMMARY:
The Corona-Norco Day of the Child Committee has requested that the City of Norco recognize Day of the Child (date varies). This observance is not on the approved lists of observances, therefore it requires subcommittee review and City Council consideration.
BACKGROUND:
In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
• Step 1: Subcommittee reviews request and makes recommendation to staff • Step 2: City Council determines if the request and recommendation should be approved, denied or amended
While the City Council instructed staff to present new observance requests for consideration at the second meeting of the month, this request is time sensitive so that the observance can be recognized by the City Council prior to the event date (April 23, 2022).
New Observance Request
The Corona-Norco Day of the Child Committee has requested that the City of Norco recognize Day of the Child (date varies). This observance is not on the approved lists of observances, therefore it requires subcommittee review and City Council consideration.
Subcommittee Recommendation
The City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, recommends that Day of the Child be added to the Pre-Approved Observance List (Exhibit B) and be recognized by proclamation. All observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".
Observance Options
Category
Annual Observance (Exhibit A)
Observances that are automatically recognized in the
approved manner(s) on the appropriate date(s) or
date ranges.
X
Pre-Approved Observance (Exhibit B)
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.)
Manner of Recognition
Closure
Event/Program
Gateway Sign
Newsletter
Parade
X Proclamation
Social Media
City Council Consideration
The City Council may approve, deny or amend the recommendation. If approved, Exhibit A or B will be updated to include the new observance and appropriate action will be taken to recognize the observance in the selected manner(s).
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item is consistent with Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
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
Exhibit B
Observance Background
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 01-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 01-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
Creation of the Norco Township 13-May
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 04-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 EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
May
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
National Voter Registration Day Fourth Tuesday in September X 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 02-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 02-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
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 04-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
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 01-Feb X
Korean New Year 01-Feb X
National Girls and Women in Sports Day 02-Feb X
National Boy Scouts Day 08-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 01-Mar X
National Read Across America Day 02-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
Red Cross Month Month 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
Donate Life Month Month X X
National Star Wars Day 04-May X
Cinco de Mayo 05-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
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Pet Month Month X X
National Drive-In Movie Day 06-Jun X X X X
D-Day 06-Jun X
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 06-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday 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 07-Dec X
National App Day 11-Dec X
July
October
November
December
May
June
Corona-Norco Day of the Child
• Home:
• About Us:
• Volunteer:
• Donate:
• Photos:
• Hosting A Booth:
• Prince & Princess:
• Sponsors:
About Us:
The first Day of the Young Child event was hosted in 1992 by a small group of people from Riverside Community College - Norco campus and the local Kiwanis Clubs of Corona and Norco. This event was held in conjunction with the National Association for the Education of Young Children (NAEYC) which focuses public attention on the needs of young children and their families.
The Corona-Norco Day of the Child officially became a 501(c)(3) non-profit organization in the early 1990’s.
The celebration is comprised of local service organizations, schools, businesses, and non-profits coming together to provide a FREE day of resources, fun activities, and entertainment for children and their families. The annual event is held in April each year at City Park on Sixth Street in Corona.
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Administration
SUBJECT:
Approval of Employee-Employer Relations Resolution
RECOMMENDATION:
Adopt Resolution No. 2022-20, to implement Chapter 10, Division 2, Title 1 of The Government Code of the State of California Relative To Employee-Employer Relations, and repeal Resolution No. 71-8.
SUMMARY:
The City’s Employer-Employee Relations Resolution was initially adopted by City Council in 1971, it was adopted in order to promote an improved administration of employer-employee relations within the City. Since 1971, there has been one amendment to the resolution that was adopted in 1975. Since 1975, no modifications have been made despite various changes in law.
BACKGROUND:
On February 1, 1971, the City Council adopted Resolution No. 71-8, known as the EmployerEmployee Relations Resolution of the City of Norco. The resolution provides for the administration of employer-employee relations between the City and its recognized employee organizations.
While multiple Memoranda of Understanding (MOU) have been approved by City Council since 1971, the implemented resolution has not been updated to incorporate periodic changes in State law affecting labor relations processes. The resolution outlines the basic rights of the City, employees, and recognized employee organizations in regard to the "Meet and Confer in Good Faith" process, the requirements for recognition of employee organizations, filing grievances, and adoption of MOU's.
The most notable State law update was to the Meyers-Milias-Brown-Act in 2011 outlining impasse procedures regarding local public employee organizations - AB 646. AB 646 was signed into place to authorize employee organizations to request a "fact-finding panel" if a disputed matter is not resolved by a mediator within 30 days of the appointment. This update is reflected in Article IV, Section 20.
Most of the articles in the new Resolution have been updated to reflect current procedures or were absent from Resolution 71-8. For example, a new section was added under Article I under
Section 3 entitled Employee Rights. This section states that per Government Code section 3502.5, employees have a right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. The majority of Article II has been updated to add language that was nonexistent in the prior resolution regarding representation proceedings and the process employee organizations to file a petition. Article III - Administration, is all new language addressing the use of City resources and submission changes regarding information of recognized employee organizations.
The City has fulfilled its obligation to provide the employee labor associations an opportunity to review and comment on the proposed modifications. On March 10, 2022, staff provided a copy of the updated Employer-Employee Relations Resolution (Attachment A) to representatives of the City's two employee labor associations for review and comment. Human Resources requested all units contact Human Resources by the end of the business day of Monday March 21, 2022 with any concerns about the updated resolution. Additionally, an outside Attorney specializing in labor and employment law, has reviewed the document and provided input and suggested language.
FISCAL IMPACT:
None
RELATIONSHIP TO STRATEGIC PLAN:
Adopting Resolution No. 2022-20, implementing an updated Employer-Employee Relations Resolution is consistent with Strategic Plan Direction #2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Resolution No. 71-8
Resolution No. 75-124
Resolution No. 2022-20
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RESOLUT ION NO. 71.-8
A RESOLUT ION OF THE CITY COUNC i L OF THE CITY
OF NORCO, CALIFORNIA, PROVIDING FOR THE ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS BETi'IEEN C lTV AND ITS EMPLOYEES UNDER CHAPTER
10, DIVISION 4, TITLE I OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA, AND RELATING
TO THE PROMOT ION OF IMPROVED EMPLOYER- Et-'IPLOYEE
RELATIONS BETWEEN SAID CITY AND ITS EMPLOYEES
BY ESTABLISHING UNIFORM AND ORDERLY METHODS OF
COMMUNICATION BETWEEN SAID EMPLOYEES AND CITY
AND REASONABLE RULES AND REGULATIONS TO
ACHIEVE THIS OBJECTIVE
WHEREAS, Chapter 10, Division 4, Title 1 of the Govern- ~ent Cede of the State of Cal ifernia was amended effective January 1, 1969, for the purpose of promoting improved employer-employee relations between publ ie employer and their employees by establ ishing uniform and orderly methods of communication between employees and the pub! ic agencies by which they are employed; and WHEREAS, Govei-nment Code Sect ion 3507 empowers a City to ,',dopt reasonable rules and regulations after consultation in good '3ith with representatives of its employee organizations for the :')dministration of employer-employee relations; and
viHEREAS, the City of Norco des i res to adopt such reasona- ~le rules and regulations as authorized by law;
NOW, THEREFORE, the City Council of the City of Norco,
in regular session assembled this 1st day of February, 1971, does reby resolve as follows:
SECTION 1. TITLE OF RESOLUTION
This resolution shall be known as the 'Employer-Employee Relations Resolution" of the City of Norco.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this resolution is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Pub! Ic Employee Organizations," by providing orderly procedures for the administration of employeramployee relations between the City and its employee organizations 3nd for resolving disputes regarding wages, hours, and other terms :;nd cond i t i on 5 of emp 1 oyment .
SECTION 3. DEFINITIONS
As used in this Resolution, the following terms shall h2'i,~ dle meaning Indicated::
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A. APPROPRIATE UNIT -- means a unit established pursuant to Section 10 of this Resolution.
B. CITY -- means the City of Norco, a municipal corporation and where appropriate herein, "CIty" refers to the City Council, the governing body of said City, or any duly authorized management employee as herein defined.
C. CONSULT OR CONSULTATION IN GOOD FAiTH -- means to
communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
D. EMPLOYEE -- means any person regularly employed by the ::::ity except those persons dected by popu}ar vote.
E. EMPLOYEE, CONFIDENTIAL -- means an employee who is ~rivy to decisions of City management affecting employer-employee '."e 1 at ions.
F. EMPLOYEE, MANAGEMENT -- means:
1. Any employee having significant responsibil ities
for formulating and administering City policies and programs, including but not limited to the Chief executive officer and department heads; and
2. Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibil ity to direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgement.
G. EMPLOYEE, PROFESSIONAL -- means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, p sicians, registered nurses, ineers, aritects, teachers, and various types physical, ical, and biological scientists.
H. EMPLOYEE ORGANIZATION -- means any organization which includes employee of the City and which has as one of its primary purposes represent i ng such emp 1 oyees in the i r emp 1 oyment re I at ions "Iith the City.
I. EMPLOYER-EMPLOYEE RELATIONS -- means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City ~-ianagement and emp 1 oyees or emp 10yee organ i zat ions. - 2 -
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J. GRIEVANCE -- as this term is defined in Secti<llln 14 A.
K. {MPASSE -- means (1) a deadlock in the annual (or
periodic) discussions between a majority representative and the City over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to Sections 9, 10, or II of this Resolution.
L. MAJORITY REPRESENTATIVE -- means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit.
M. MEDIATiON OR CONCILIATION -- means the efforts of an impartial third person, or persons, functioning as intermediaries, :0 assist the parties in reaching a voluntary resolution to an iwpas, ~hrough Interpretation, suggestion and advice. Mediation and concil lation are interchangeable terms.
N. MEET AND CONFER IN GOOD FAITH (sometimes referred to '-,arein as "meet and confer" or 'meeting and conferring ,) -- means )erformance by duly authorized City representatives and duly authori= ;:=d rep resentat i ves of an emp I oyee organ i zat i on recogn i zed as the 'najority representative of their mutual ob1 igation to meet at reason- ",ble times and to confer in good faith regarding matters ;-:ithin the scope of representation, including wages, hours, and other terms and ;:;onditions of employment, in an effort to: (1) reach agreement on :hose matters within the authority of such representatives and (2) reach agreement on what will be recommended to the City Council on those~matters within the decision making authority of the City Ccunei This does not require either party to agree to a proposal or to make a concession.
O. MUNICIPAL EMPLOYEE IONS OFFICER -- means the City',
principal representative in all matters of employer-employee r~lation~ designated pursuant to Section 12, or his duly authorized representative# P. PEACE OFFICER -- .s~thls term is defined In Section
830, California Penal Code.
Q. RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee organization which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City. The rights accompanying recognition are either:
1. Formal Recognition -- which is the right to meet
and confer in good faith as the majority representative in an appropriate unit; or - 3 - Page 55 of 128
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2. informal R,ecogll.Ltion u which is the right to
consultation in good faith by all recognized employee
organizations.
R. RESOLUT ION - - means, un I ess the conte~{t ind i cates otherwise, the Employer-Employee Relations Resolution of the City of Norco.
S. SCOPE OF REPRESENTATION -- means all matters relating to ewployment conditions and employer-employee relations, including, but not 1 imited to, wages, hours, and other terms and conditions of employment. City Rights (Section 5) are excluded from the scope of '"ep resentat ion.
2~CTION 4. EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join ,:md participate in the activities of employee organizations of their (jlJn choos I ng for the purpose of rep resentat i on on all matters of '2mployer-employee relations including but not j imited to wages, hour::' end other terms and conditions of employment. Employees of the City ~Iso shall have the right to refuse to join or participate in the ~ctivities of employee organizations and shall have the right to ;'3present themselves indjl/idually in their employment relations with ~he City. No employee shall be interferred with, intimidated, restrained, coerced or discriminated against by the City or by any "'.mployee organization because of his exercise of these rights.
SECTiON 5. CITY RIGHTS
The rights of the City Include, but are not limited to, thl exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from d because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; all neces ions to car out its mission in erne ies;
and exercise complete control and discretion over its organization and the technology of performing its work.
SECTION 6. MEET AND CONFER IN GOOD FAITH-SCOPE
A. The City, through its rep resentat ives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation right regarding natters within the scope of representation including wages, hours "no other terms and conditions of employment \~ithin the appropriate unit.
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B. The City shall not be required to meet and confer in good faith on any subject preempted by Federal or State Law or by the General Law Legislation, nor shall It be required to meet and confer in good faith on Employee or City Rights as defined in Sections 4 and :L Proposed amendments to this Resolution are excluded from the scope of meetiny and conferring.
SECTiON Z. CONSULTATION IN GOOD FAITH-SCOPE
All matters affecting employer-employee relations, includIng those that are not subject to meeting and conferring, are subject of consultation. The City, through its representatives, shall consul in good faith with ropreser:t:Jtives of all recognized employee organiza' tions on employer-ewployee relations matters which affect them. Advance notice on matters subject to consultation, but outside the ;cope of representation, is desirable but not mandatory.
SECTION 8. ~DVANCE NOTICE
Reasonable written notice shall be given to each recognizee employee organization affected of any ordinance, rule, resolution or regulation directly relating to matters within the scope of repre- ~entation proposed to be adopted by the City Councilor by any board .w comB iss i on of the City, and each sha 11 be given the opportun i ty :0 meet with such body prior to adoption. • In cases of emergency when the City or any board or commis" •
sion of the City determines that an ordinance, rules, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City or the board :Jr comm i 5S i on of the City sha 11 p rov i de such not ice and opportun i ty to meet at the ear! lest practicable time following the adoption of ~uch ordinance, rule, resolution or regulation.
SECTION 9. PETITiON FOR RECOGNITION
There are two levels of employee organization recognition - forma] and informal. The recognition requirements of each are set forth below.
A. FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee
organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of .c;mployees in an appropriate unit shall fj Ie a petition with the Muni- :::ipal Employee Relations Officer containing the folloltJing informatior- 'cnd documentation:
1. Name and address of the employee organization.
2. Names and titles of its officers.
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3. Names of employee organization representatives W;lO
are authorized to speak on behalf of its members .
4. A statement that the employee organization has, as
one of its primary purposes, representing employees in their employment relations with the City.
5. A statement whether the employee organization is a
chapter or local of, or affiliated directly or indirectly in any manner with, a county, regional or state, or national or international organization, and, if so, the fiume and address of each such county, regional, state or international organization.
6. Certified copies of the employee organization's co;, stitution and by-laws.
7. A designation of those persons, not exeeding two iI
number, and their addresses, to whom notice sent by registered or certified United States mall will be deemed sufficient notice on the amp 1 oyee organ i zat i on for any purpose.
8. A statement that the errp 1 oyee organ i zat ion recog- :1izes that the provisions of Section 923 of the Labor Code of the State of California are not applicable to City employees.
9. A statement that the employee organization has no
restriction on membership based on race, color, creed, sex, or national origin.
10. The job classifications or titles of employees in
the unit claimed to be approprfate and the approximate number of mem ber employees therein.
11. A statement that the employee organization has in its possession written proof, dated within six months of the date upon whi the petition is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be 5 itted for Irmation to the Municipal Employee Relations leer or to a mutually upon disinterestec' th i rd party.
12. A request that the Municipal Employee Relations Officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
• B. INFORMAL RECOGNITiON -- THE RIGHT TO CONSULT IN GOOD FAITH: An employee organization that seeks recognitL
for purposes of consultation in good faith shall file a petition wi~ the Municipal Employee Relations Officer containing the following; formation and documentation:
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I. All of the information enumerated in A. 1 through
9 of this Section, inclusive.
2. A statement that the employee organization has in
its possession written proof, dated within six months of the date 'Jpon which the petition is fi led, to establ ish that employees have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party.
3. A request that the Municipal Employee Relations
Officer recognize the employee organization for the purpose of consultation in good faith.
4. The petition, including all accompanying documents,
shall be verified, under oath, by the Executive Officer and Secretary ':Jf the organ i zat ion that the statements are true. A 11 changes in "uch information, as submitted, shall be filed with the Municipal c:n;ployee Relations Officer forthwith in 1 ike manner.
5. The Municipal Employee Reiations Officer shall
grant recognition, in writing, to all employee organizations who have comp1 led with either Section 9. A or B and, in addition, Section 9.
C for purposes of consultation in good faith for its members. Emplolee organ i zat ions seek i ng forma 1 recogn i t i on as maj or i ty rep resentative must, in addition, establish to the satisfaction of the Municipa employee Relations Officer that it represents a majority of the empJe yees in the manner prescr i bed inSect i on II A below. No emp 1 oyee mal' represented by more than one recognized employee organization for the purposes of this Resolution.
SECTION 10. APPROPRIATE UNIT
A. The Municipal Employee Relations Officer, after reviewing the petition fiied by an employee organization seek! formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest siT lowl s, others, are to
be considered in making such determination:
1. The reasonableness of the relationship between the
employees composing the proposed unit and the City's organizational structure.
2. Do the employees of a proposed unit, which include:
only employees of one City department, constitute less in number thD all the employees of such City department.
3. Which unit will assure employees the fullest freedom in the exercise of rights set forth under this Resolution.
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4. The history of elT'ployee relations: (i) in the unit; (i i) among other employees of the City; and (i i i) in similar publ Ie emp 1 oyment.
5. The effect of the unit on the efficient operation
of the City and sound employer-employee relations.
6. The extent to which employees have common skills,
working conditions, job duties or similar educational requirements.
7. The effect on the City's existing organizational
structure of dividing a single department among t'I\lO or more units.
Provided, however, no unit shall ::,e establ ished solely on the basis of the extent to which employees in the proposed unit have organized.
B. In the establ ishment of appropriate units, (l) professional employees shall not be denied the right to be represented se- ?arately from non-professional employees; and (2) management and con" "i'idential employees who are included in the same unit with non-manage ment or non-confidential employees may not represent such employees ':n matters within the scope of representat ion.
SECTION II. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS
i'iAJORITY REPRESENTATIVE -- FORMAL RECOGNITION
A. The Municipal Employee Relations Officer shall:
1. Determine the majority representative of City emJloyees in an appropriate unit by arranging for a secret ballot eleccion or by any other reasonab 1 e method wh i ch is based upon \'Ir i tten ~roof, and is designed to ascertain the free choice of a majority such employees. The employee organization found to represent a ority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from consulting with management representative on employer-employee relations matters of concern to them.
2. Revoke the recognition rights of a majority representative, which has been found by secret ballot election no longer to be the majority representative.
B. The recognition rights of the majority representative designated in accordance with this Section shall not be subject to :::hallenge for a period of not Jess than twelve months following the ';dte of such recognition, and thereafter shall be subject to challen_ • -)!11y during the month of October of any calendar year. - 8 -
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SECTION 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFF!CER
The City Council shall designate, by Resolution, a Municipal Employee Relations Officer who shall be the City's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment.
The Municipal Employee Relations Officer so designated is authorized to delegate these duties and responsibilities.
SECTION 13. RESOLUT ION 0::: IMPASSES
Impasse procedures may be invoked only after the possibil 1- ty of settlement by direct discussion has been exhausted.
Any or all of the following procedures may be invoked:
A. MEDIATION (OR CONCILIAT!ON): All Mediation proceedings shall be private. The Mediator shall make no pub1 Ic recommendations nor take any pub! Ic position concerning the Issues; or B. A DETERMINATiON BY THE CITY COUNCIL -- after a
hearing on the merits of the dispute.
C. Any other dispute resolving procedures to which
the parties mutually agree or which the City Council may orde~ Any party may initiate the impasse procedure by filing
with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all dis' ~uted issues. An impasse meeting may then be scheduled by the Muni- .:ipal Employee Relations Officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold:
(l) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and (2) if agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement parties on this Int, the matter r to the City Council.
The fees and expenses, if any, of mediators or of any
other impasse procedure, shall be payabJe one-half by the City and ~ne-half by the employee organization or employee organizations.
SECTION 14. GRIEVANCES
A. A grievance is any dispute concerning the Interprc
tation or applications of this Resolution, or of rules or regulatiO', governing personnel practices or working conditions, or of the prac"' tical consequences of a City rights' decision on wages, hours and other terms and conditions of employment.
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B. Glevances shall be processed in accordance with proce- • dures established by the City.
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SECTION 15. MEMOBANDUI~ OF UNDERSTANDING
I'lhen the meet:ng and conferring process is concluded between the City and a formally recogn i zed emp 1 oyee organ i zat i on represent i ng a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understand:ng signed by the duly authorized City and majority representatives.
As to those matters within the authority of the City Council them"morandumof understanding shall be submitted to the City Council ~or determination.
jECT10N 16. RULES AND REGULATIONS
The City Council may adopt such Rules and Regulations
!'ecessary or convenient to implement the provisions of this Resoludon and Chapter 10, Division 4, Title i of the Government Code of the State of California (Sections 3500, et seq.).
SECTION 17. CONSTRUCTION
A. Nothing in this Resolution shall be construed to deny ~ny person or employee the rights granted by Federal and State Law.
B. The rights, powers and authority of the City Council in all matters, incl uding the right to maintain any legal action, shall not be modified or restricted by this Resolution.
C. The provisions of this Resolution are not intended to Gonfl let with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of Cal ifornia (Sections 3500, et seq as amended in 1968.
SECTION 18. SEPARABILITY
If any provision of this Resolution, or the application of such provision to person or circumstance, 11 ld lnval id, the remainder of this Resolution, or the appl ication of such provision to persons or circumstances other than those as to which it is he 1 d i nva 1 i d, sha 11 not be affected thereby.
APPROVED AND ADOPTED this l~t day of February, 1971.
Mayor of the City of Norco
~lty Clerk of the City of~Norco
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I, SIMON W. MELENDEZ, City Clerk of the City of Norco,
Cal ifornia, do hereby certify that the foregoing resolution was regu~ larly introduced and adopted by the City Council of the City of Norco, CaJ ifornia, at a regular meeting thereof held on the 1st day of February, by the following vote of the Council:
AYES:
NOES:
Councilmen Herron, Jarrett, Taylor, Weaver and
Mayor Warrick
None
AS SENT: None
IN W lTNESS ItIHEREOF, I have hereunto set my hand and aff ixed ~he official seal of the City of Norco, California this 1st day of '-ebruary, 1971.
~ity Clerk of Norco
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RESOLUTION NO. 75-124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, AMENDING SECTION 11 OF SAID
COUNCIL'S RESOLUTION NO. 71-8 BY AMENDING SUBSECTION B THEREOF AND RELATING TO DATE ON WHICH
RECOGNITION RIGHTS OF A FORMALLY RECOGNIZED
EMPLOYEE ORGANIZATION MAY BE CHALLENGED.
WHEREAS, the City Council has determined that to
assure certain stability and uniformity as to employer-employee relations within the City so as to avoid turmoil and upset which naturally results within the City organization from attempts to modify or decertify a formally recognized employee organization of City employees, it is necessary to extend the period of time within which no challenge to the recognition rights of a formally recognized employee organization may be made by the filing of a petition for modification or decertification thereof; and, WHEREAS, the extension of such a period of time will
be beneficial to the employees and city management and in the interests of good local government;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Norco in adjourned regular session this 22nd day of September, 1975, that it hereby amends Subsection B of Section 11 of its Resolution No. 71-8 to read as follows:
"B. Notwithstanding anything to the contrary
stated in this Resolution No. 71-8, the recognition
rights of any existing formally recognized employee
organization, as determined in accordance with
this section, shall not be subject to challenge
by any petition for Modification or Decertification
or otherwise for a period commencing on September 15,
1975, and terminating on October 1, 1977. After
October 1, 1977, an existing formally recognized
employee orgarization shall be subject to challenge,
as stated hereinabove, during the month of October
of any calendar year."
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APPROVED AND ADOPTED this 22nd day of September , 1975.
ATTEST:
city
L~ Clerk of
California
I, SIMON W. MELENDEZ, City Clerk of the City of Norco,
California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular session thereof, held on the 22nd day of September, 1975, by the following vote of the Council, to wit:
AYES: Councilmen Brinton, McCollum, Weaver & Mayor Brown NOES: None
ABSENT: Councilman Taylor
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Norco, California, this 22nd day of September, 1975.
Clerk of the City of 0, CalJ.fornJ.a
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RESOLUTION NO. 2022-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, IMPLEMENTING CHAPTER 10, DIVISION 2, TITLE 1 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA RELATIVE
TO EMPLOYER-EMPLOYEE RELATIONS, AND REPEALING
RESOLUTIONS NO. 71-8.
WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, the City of Norco desires to adopt such reasonable rules and regulations as authorized by law; and
WHEREAS, the City Manager is the designated Employee Relations Officer; NOW THEREFORE, BIT IT RESOLVED that the City Council of the City of Norco, California, does hereby resolve as follows:
ARTICLE I - GENERAL PROVISIONS
Section 1. Statement of Purpose.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.,) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employeremployee relations between the City of Norco (the "City") and such employee organizations as may represent various groups of employees at the facilities operated in the City. This resolution repeals and supersedes any resolution heretofore enacted pertaining to Employer-Employee Relations and any policies, rules or regulations pertaining thereto.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith, to the extent required by law, with Exclusively Recognized Employee Organizations, as that term is defined in Article I, Section 4 of this Resolution, regarding wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or the City Charter.
The City shall not be required to meet and confer over the merit, necessity or organization of any service or activity provided by law or executive order.
Section 2. City Rights.
Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and
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standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; and maintain the efficiency of City operations. The City also has the sole and exclusive right to take any actions which is necessary to conduct its affairs, including, but not limited to, determining the procedures and standards of selection for employment, directing its work force (including scheduling and assigning work and overtime), hiring, firing, discharges, promotions, demotions, transfers, taking disciplinary action, determining the methods, means and personnel by which City operations are to be conducted, relieving employees from duty because of budgetary considerations, lack of work, or other lawful reasons, subcontracting, maintaining discipline and efficiency of employees, determining the content of job classifications, take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Nothing in this section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any applicable law regulating, authorizing or empowering the City to act or refrain from acting.
The forgoing is meant to be descriptive of the City rights, and not exhaustive.
Section 3. Employee Rights.
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. Pursuant to Government Code section 3502.5, employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. However, this right shall not be construed to require the City to meet and confer with any individual whose position is within a recognized bargaining unit. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights.
Section 4. Definitions.
As used in this Resolution, the following terms shall have the meanings indicated:
(A) "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Section 11 of Article II.
(B) "City" means the City of Norco, California, and, where appropriate herein, refers to the City Council of the City or any duly authorized City representative as herein defined.
(C) "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations or to matters pertaining to the evaluations of employees.
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(D) "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not necessarily involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
(E) "Day" means calendar day unless expressly stated otherwise. (F) "Employee" means an employee of the City.
(G) "Employee Relations Officer" shall be the City Manager. The Employee Relations Officer may delegate his/her duties and responsibilities to a designee. (H) "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. (I) "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs and having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and may be subject to the approval of the Employee Relations Officer or Governing Body as appropriate.
(J) "Proof of Employee Support" means: (1) an authorization card recently signed and personally dated by an employee; or (2) a verified authorization petition or petitions recently signed and personally dated by an employee. The only authorization which may be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition.
(K) "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
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(L) "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and may be subject to the approval of the Employee Relations Officer or Governing Body as appropriate.
(M) Terms not defined herein shall have the meaning as set forth in the MeyersMilias-Brown Act (“MMBA”).
ARTICLE II - REPRESENTATION PROCEEDINGS
Section 5. Filing of Recognition Petition by Employee Organization.
An employee organization that seeks to be formally acknowledged as the exclusively recognized employee organization representing the employees in an appropriate unit within the City shall file a petition with the Employee Relations Officer containing the following information and documentation:
(A) Name and address of the employee organization.
(B) Names and titles of its officers.
(C) Names of employee organization representatives who are authorized to speak on behalf of the organization.
(D) A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
(E) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. (F) Certified copies of the employee organization's constitution and bylaws. (G) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
(H) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, disability or other protected category.
(I) The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
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(J) A statement that the employee organization has met its possession proof of employee support, as herein defined, to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party at the direction of the Employee Relations Officer. (K) A request that the Employee Relations Officer formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
Section 6. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
(A) There has been compliance with the requirements of the Recognition Petition, and
(B) The proposed representation unit is an appropriate unit in accordance with this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter.
If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13, Article II of this Resolution.
Section 7. Open Period for Filing Challenging Petition.
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all, of the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent (30%) and otherwise in the same form and manner as set forth in this Article II. If such
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challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in this Article II. The petitioning employee organizations shall have fifteen (15) days from the date of when the notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to this Article II.
Section 8. Election Procedure.
Unless recognition is granted pursuant to Section 9 of this Article II, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed within the designated appropriate unit during the pay period immediately prior to the date of the election, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed in the same unit on the date of the election. An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election, providing that at least sixty percent (60%) of the employees in the appropriate unit have voted. In the event that sixty percent (60%) of the employees in the appropriate unit have failed to vote, another election shall be scheduled within ninety (90) days. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.
There shall be no more than one valid election under this Resolution pursuant to any recognition or unit modification petition in a twelve-month period affecting the same or a substantially similar (as determined in the Employee Relations Officer's sole discretion) unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the Norco City Clerk’s Office in accordance with that office’s established election rules and procedures.
Section 9. Discretionary Recognition.
Notwithstanding Section 8, above, the Employee Relations Officer shall grant exclusive recognition to an employee organization based on Proof of Employee Support
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showing that a majority of the employees in an appropriate unit desire said representation, unless another labor organization has previously been lawfully recognized as the exclusive or majority representative of all or part of the same unit. Exclusive representation shall be determined by a neutral third party selected by the Employee Relations Officer and the employee organization who shall review the Proof of Employee Support to verify the exclusive or majority status of the employee organization. In the event the Employee Relations Officer and the employee organization cannot agree on a neutral third party, the Division of Conciliation of the Department of Industrial Relations shall be the neutral third party and shall verify the majority status of the employee organization. In the event that the neutral third party determines, based on Proof of Employee Support, that a second labor organization has the support of at least thirty percent (30%) of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.
Section 10. Procedure for Decertification or Withdrawal of Recognition of Exclusively Recognized Employee Organization.
(A) Petition for Decertification.
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
(1) The names, addresses and telephone numbers of the petitioner and a designated representative authorized to receive notices or requests for further information.
(2) The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as the representative of that unit.
(3) An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. (4) Proof of employee support that at least thirty percent (30%) of the employees in the established appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Such proof shall
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be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within ten (10) days of filing the petition.
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%) that includes the allegations and information required under paragraph (a), subparagraphs (2)-(4) inclusive of this Section, and otherwise conforms to the requirements of Section 5 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his or her determination is in the negative, he or she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his or her negative determination is reversed on appeal, he or she shall give written notice of such Decertification or Recognition Petition to the incumbent exclusively recognized employee organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation.
Such election shall be conducted in conformance with this Article II. (B) Employee Relations Officer Ordered Election.
The Employee Relations Officer may, on his or her own motion following the first full year of recognition, when he or she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he or she will arrange for an election to determine that issue. In such event, any other employee organization may, within fifteen (15) days of such notice, file a Recognition Petition in accordance with this Article II, Section 10, which the Employee Relations Officer shall act on in accordance with this Section 10.
Section 11. Policy and Standards for Determination of Appropriate Units.
The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public; and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest.
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In considering whether classifications share an identifiable community of interest, the following factors shall be considered:
(A) Similarity of the general kinds of work performed, types of qualifications required, levels of responsibility, and the general working conditions; (B) History of representation in the City, and similar employment, except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized; (C) Consistency with the organizational patterns of the City; (D) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units; and
(E) Effect on the classification structure and impact on the stability of the employeremployee relationship of dividing a single or related classification among two or more units.
Notwithstanding the foregoing provisions of this Article II, Section 11, managerial, supervisory and confidential responsibilities, as defined in this Resolution, are determining factors in establishing appropriate units hereunder, and therefore, managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of Article II, Section 12.
Section 12. Procedure for Modification of Established Appropriate Units.
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only following the first full year of recognition. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth for a recognition petition, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth to determine appropriate units. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.
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The Employee Relations Officer may, on Employee Relations Officer's own motion, propose during the period specified in Section 10 of this Article that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units, if any.
Section 13. Appeals.
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II may, within ten (10) days of notice thereof, request the intervention of the California State Mediation and Conciliation Service, pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings, pursuant to Government Code Sections 3507.1 and10 3507.3, whichever is later.
An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 5); Challenging Petition (Section 7) or Decertification Recognition Petition (Section 10) - or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) - has not been filed in compliance with the applicable provisions of this Article may, within ten (10) days of notice of such determination, appeal the determination to the City Council for final decision.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third-party hearing process or consider the matter itself pursuant to written briefs or an informal hearing process. Any decision of the City Council on the use of such procedure, and/ or any decision of the City Council determining the substance of the dispute shall be final and binding.
ARTICLE III -ADMINISTRATION
Section 14. Submission of Current Information by Recognized Employee Organizations.
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All changes in the information filed with the City by an exclusively recognized employee organization under items (1) through (8) of its Recognition Petition shall be submitted in writing to the Employee Relations Officer within ten (10) days of such change.
Section 15. Employee Organization Activities - Use of City Resources.
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in the Memorandum of Understanding and/or administrative procedures, and shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.
Recognized employee organizations may use portions of City bulletin boards under the following conditions:
(A) All materials must receive the approval of the Employee Relations Officer. (B) All materials must be dated and must identify the organization that published them.
(C) The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the posting date. Materials which the Employee Relations Officer considers objectionable will not be posted. (D) The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials. (E) An employee organization that does not abide by these rules will forfeit its right to have materials posted on City bulletin boards.
Section 16. Administrative Rules and Procedures.
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.
ARTICLE IV - IMPASSE PROCEDURES
Section 17. Initiation of Impasse Procedures.
If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer.
The purpose of such meeting shall be:
(A) To identify and specify in writing the issue or issues that remain in dispute; (B) To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and
(C) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
Section 18. Impasse Procedures.
Impasse procedures are as follows:
(A) If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private and nonbinding, unless otherwise specifically, mutually agreed to in writing. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
(B) If the parties fail to agree to mediation or to a mediator, or having so agreed, fail to resolve the dispute through mediation, an Exclusively Recognized Employee Organization may request fact-finding as described in Section 20 below.
(C)Consistent with the MMBA, after any applicable impasse procedures have been exhausted, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City’s last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding.
Section 19. Costs of Mediation
The costs for the services of a mediator utilized by the parties, and any other mutually incurred costs of any impasse procedures, shall be borne equally by the City and the Exclusively Recognized Employee Organization. Separately incurred services or costs shall be borne by the party incurring the cost.
Section 20. Request for Fact-finding
An Exclusively Recognized Employee Organization may request that the parties' differences be submitted to a fact-finding panel consistent with the MMBA.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
ARTICLE V - MISCELLANEOUS PROVISIONS
Section 21. Construction.
This Resolution shall be administered and construed as follows:
(A) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law. (B) This Resolution shall be interpreted so as to carry out its purposes as set forth in Section 2 of Article I.
(C) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work which poses an imminent threat to public health and safety. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit any rights accorded them under law or contract. The rights, powers, and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution.
Section 22. Memorandum of Understanding.
When the meeting and conferring process is concluded between the City and a formally Exclusively Recognized Employee Organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives. As to those matters within the authority of the City Council, the memorandum of understanding shall be submitted to the City Council for determination.
To the extent of a conflict between this Resolution and a current Memorandum of Understanding adopted by the City Council, the Memorandum of Understanding shall prevail.
Section 23. Reasonable Time Off To Meet and Confer.
The City and the Exclusively Recognized Employee Organization shall agree on a reasonable number of employee members to attend scheduled meetings with the Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. The employee
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
organization shall, whenever practicable, submit the names of all such employee representatives to the Employee Relations Officer at least three (3) working days in advance of such meetings. Provided, further:
(A) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official; and
(B) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.
Section 24. Availability of Data.
The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250-6260.
Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable.
Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source.
Nothing in this rule will be construed to require disclosure of records that are:
(A) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (B) Working papers, notes or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (C) Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled; and
(D) Nothing in this rule shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
Section 25. Severability.
If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
THEREFORE, BE IT FURTHER RESOLVED that Resolution No. 71-8 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on April 6, 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 introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on April 6, 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 April 6, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance of the Wayne Makin Slurry Seal Project as Complete.
RECOMMENDATION:
Accept Wayne Makin Slurry Seal Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
SUMMARY:
The Wayne Makin Slurry Seal Project consisted of the application of slurry seal, including crack seal, installation of striping, bumper stops and pavement markings, and asphalt grind and overlay to construct ADA compliant parking stalls to the satisfaction and acceptance of the City Engineer. A Notice of Completion has been prepared for recordation.
BACKGROUND:
On November 3, 2021, the City Council awarded a contract to All American Asphalt in the amount of $52,726 for the Wayne Makin Slurry Seal Project. All American Asphalt completed their scope of work for the project at a total cost of $50,977.
The work has been inspected by the Parks and Public Facilities Superintendent and the City Engineer and found to be in full conformance with the plans and specifications on the contract document. Staff is recommending that the City Council accept the work as complete and authorize the City Clerk to record the Notice of Completion with the County Recorder’s Office.
FISCAL IMPACT:
Not applicable.
RELATIONSHIP TO STRATEGIC PLAN:
Wayne Makin Slurry Seal Project is consistent with Strategic Directive #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
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
/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
WAYNE MAKIN SLURRY SEAL PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ALL AMERICAN ASPHALT. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 6
TH DAY OF APRIL, 2022.
THE WORK DONE: CONSISTED OF THE APPLICATION OF SLURRY SEAL, INCLUDING CRACK SEAL, INSTALLATION OF STRIPING, BUMPER
STOPS AND PAVEMENT MARKINGS, AND ASPHALT GRIND AND OVERLAY TO CONSTRUCT ADA COMPLIANT PARKING STALLS, LOCATED AT 2264 WESTERN AVENUE, CITY OF NORCO, CALIFORNIA.
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 NOVEMBER 3, 2021, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ALL AMERICAN ASPHALT. LOCATED IN CORONA, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED NOVEMBER 3, 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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.
April 6, 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. 04/06/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance No. 1080, Second Reading: An Ordinance of the City Council of the City of Norco, California approving Zone Code Amendment 2021-04.
RECOMMENDATION:
Adopt Ordinance No. 1080, Second Reading, approving Zone Amendment 2021-04, amending Chapters 18.02 "Definitions", 18.17 "R-3 Low-Density Multi-Family Residential"' and 18.64 "Housing Development Overlay Zone", to be compliant with state law for projects that require ministerial approval, and to codify development guidelines/standards for projects in the Housing Development Overlay Zone (HDO).
SUMMARY:
The First Reading of Ordinance No. 1080 was held on March 16, 2022, and was adopted by the City Council. Ordinance No. 1080 approving Zone Amendment 2021-04, amending Chapters 18.02 "Definitions", 18.17 "R-3 Low-Density Multi-Family Residential"' and
18.64 "Housing Development Overlay Zone", to be compliant with state law for projects that require ministerial approval, and to codify development guidelines/standards for projects in the Housing Development Overlay Zone (HDO).
FISCAL IMPACT:
There is no financial impact.
RELATIONSHIP TO STRATEGIC PLAN:
Adopting the Ordinance to protect the health, welfare and safety of the Community is consistent with Strategic Directive #1.
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):
Ordinance 1080
ORDINANCE 1080
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA APPROVING ZONE CODE AMENDMENT 2021-04,
AMENDING CHAPTERS 18.02 “DEFINITIONS”, 18.17 “R-3 LOWDENSITY MULTI-FAMILY RESIDENTIAL”, AND 18.64 “HOUSING DEVELOPMENT OVERLAY ZONE”, TO BE COMPLIANT WITH STATE
LAW FOR PROJECTS THAT REQUIRE MINISTERIAL APPROVAL,
AND TO CODIFY DEVELOPMENT GUIDELINES/STANDARDS FOR
PROJECTS IN THE HOUSING DEVELOPMENT OVERLAY ZONE
(HDO)
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2021-04, a proposal to amend Chapter 18.02, 18.17, and 18.64 of the Norco Municipal Code Title 18 (Zoning Code), for compliance with State Law (SB 35 and the 2021-2029 Housing Element) for those projects that require ministerial approval and to establish development guidelines/standards for the HDO Zone; and
WHEREAS, the Zone Code 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 Zone Code Amendment was scheduled for public hearing on February 9, 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 Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-03 recommending that the City Council adopt the Zone Code Amendment; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on March 2, 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 the Zone Code Amendment; and WHEREAS, said public hearing was continued to the City Council meeting of March 16, 2022; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Objective Development Standards; and
Ordinance 1080
April 6, 2022
WHEREAS, the City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines that the proposed Objective Development Standards could not have a significant effect on the environment, and an exemption was prepared for adoption.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby approve the following FINDINGS AND DETERMINATIONS:
I. FINDINGS:
A. The proposed Zone Code Amendment will not be inconsistent with, or contrary to, the General Plan or the Zoning Code since the Objective Development Standards clarifies requirements legislation required by the State and as part of the City of Norco 2021-2029 Housing Element update.
B. The proposed Zone Code Amendment will not create conditions materially detrimental to the public health, safety and general welfare.
C. The City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines that the proposed Objective Development Standards could not have a significant effect on the environment, and an exemption was prepared for adoption.
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 March 16, 2022 does hereby adopt Zone Code Amendment 2021-04 in its First Reading, and April 6, 2022 for a Second Reading, thereby amending the Norco Municipal Code Chapters 18.02, 18.17, and 18.64 as follows:
• Section 18.02 “Definitions” is proposed to be amended by adding a new definition for ODS. The definition is proposed to read: "Objective Development Standards: Those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.”; and
• Chapter 18.17 “R-3 Low Density Multiple-Family Residential” is proposed to be amended by adding a new section, Section 18.17.44, to read as follows: "Any project within the R-3 zone that qualifies for ministerial approval in compliance with State law shall follow the Objective Development Standards adopted by the City"; and • Chapter 18.64 “Housing Development Overlay (HDO) Zone” is proposed to be amended by adding the following new sections:
- Zone Code Amendment 2021-04
Ordinance 1080
April 6, 2022
o Section 18.64.14 R. Any project within the HDO zone that qualifies for ministerial approval in compliance with State law shall follow the Objective Development Standards adopted by the City".
o Section 18.64.14 S. The Objective Development Standards adopted by the City of Norco shall serve as the design and developments standards/guidelines for all projects that are not subject to ministerial approval. When not subject to ministerial approval, these standards can be modified at the discretion of the Planning Commission and/or the City Council.
- Zone Code Amendment 2021-04
Ordinance 1080 - Zone Code Amendment 2021-04
April 6, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held April 6, 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 Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on March 2, 2022, it was continued for further discussion to a regular meeting of the City Council held on March 16, 2022 and thereafter at a regular meeting of said City Council held on April 6, 2022, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on April 6, 2022.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
5.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance No. 1081, Second Reading: An Ordinance of the City Council of the City of Norco, California, Amending Norco Municipal Code Section 6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02.
RECOMMENDATION:
Adopt Ordinance No. 1081, Second Reading, Amending Norco Municipal Code Section
6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02.
SUMMARY:
The First Reading of Ordinance No. 1081 was held on March 16, 2022, and was adopted by the City Council. Ordinance No. 1081 Amending Norco Municipal Code Section
6.42.300 “Composting” to allow composting on Residential Properties. Code Amendment 2022-02.
FISCAL IMPACT:
There is no financial impact.
RELATIONSHIP TO STRATEGIC PLAN:
Adopting the Ordinance to protect the health, welfare and safety of the Community is consistent with Strategic Directive #1.
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):
Ordinance 1081
ORDINANCE NO. 1081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE SECTION 6.42.300 “COMPOSTING” TO ALLOW COMPOSTING ON RESIDENTIAL
PROPERTIES. CODE AMENDMENT 2022-02
WHEREAS, State Senate Bill 1383 was adopted in 2016 and intended to focus on residential and commercial organic waste reduction targets effective January 1, 2022; and WHEREAS, one of the elements of SB 1383 is the promotion or enabling of composting on residential properties; and
WHEREAS, jurisdictions can implement regulations or restrictions related to residential composting but a jurisdiction may not ban composting; and WHEREAS, Norco Municipal Code Section 6.42.300 “Composting” does not allow composting of any kind in the City of Norco which is in violation of SB 1383 requirements; and
WHEREAS, staff is recommending amending Norco Municipal Code Section
6.42.300 “Composting” to allow composting on residential properties.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby approve amending the Norco Municipal Code as follows:
6.42.300 Composting
Composting of organic materials on residential properties is allowed in the City based on the guidelines outlined herein. The City reserves the right to inspect and cite any residential property conducting composting to ensure proper methods are being utilized to prevent nuisance odors or potential infestation of bugs or rodents from impacting neighboring properties.
(a) Defined. For the purposes of this section, composting is a microbial process that converts plant materials to a usable organic soil amendment or mulch. Compost is the product resulting from the biological decomposition of organic wastes and are intended to be reused as potting soil or soil building amendment on the property where the compost was generated. Compost may not be sold but can be donated to other properties. (b) Compost Location. Composting shall be conducted in a designated location within a covered or uncovered container, enclosed on all vertical sides or in a wind row with adequate protections at ground level to prevent run off. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container must be sound and free of rot. Run off protection should be at least 6 (six) inches high and made of durable material such as sandbags, wattles or 2”X6” lumber planks.
Ordinance No. 1081, Residential Composting
April 6, 2022
(c) Size. The maximum size for a compost area on lots less than one (1) acre with a residential structure shall be twenty (20) cubic yards. The maximum size for a compost area on lots greater than one (1) acre with a residential structure shall be forty (40) cubic yards. Composting may not be conducted on undeveloped residential lot. (d) Location on property. The compost container(s) shall not be located closer than one (5) feet from the rear property line and shall not be located in any required front or side yard as defined in the zoning code, nor closer than twenty (20) feet to any habitable building off of the subject property.
(e) Acceptable materials for backyard composting. Composting materials include: food scraps, garden wastes, weeds, lawn cuttings, leaves, pruning, and certain animal waste.
Compost piles shall include an appropriate mix of nitrogen-rich materials (or "greens") and carbon-rich materials (or "browns") to reduce odor and ensure adequate composting. (f) Prohibited compost materials. The following compostable materials shall not be placed in a backyard composting container: meat, fats, oils, grease, bones, whole eggs, milk or other dairy products, human waste, dog or cat waste, pesticides, herbicides, noxious weeds, diseased plant material in which the disease vector cannot be rendered harmless through the composting process, and any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions. (g) Maintenance. Compost materials shall be layered, aerated, moistened, turned, and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost materials shall be covered with a layer of material such as leaves, straw, wood chips, or finished compost to reduce odor. (h) Educational materials. The city shall prepare and distribute informational materials to assist persons wishing to conduct source-separated organic composting in an efficient manner that minimizes public nuisance conditions.
(i) Abatement. All compost containers and/or compost materials not in compliance with this section shall be declared a public nuisance and are subject to abatement as provided in Chapter 6.22. In addition, the City may require individuals whose compost containers and/or materials are not in compliance with this section to attend a master composter or similar educational program as a condition of continuing to compost on a subject property.
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.
Ordinance No. 1081, Residential Composting
April 6, 2022
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 on April 6, 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 Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on March 16, 2022 and thereafter at a regular meeting of said City Council duly held on April 6, 2022, it was duly passed and adopted 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 April 6, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Andy Okoro, City Manager
Department: Administration
SUBJECT:
Creation of City Council Subcommittee to Review and Recommend the Structure, Composition and Role and Responsibilities for the Economic Development Advisory Council
RECOMMENDATION:
Appoint two Council Members to serve on a City Council Subcommittee that will work with staff to review, and recommend the structure, composition and the role and responsibilities for the Economic Development Advisory Council.
SUMMARY:
Staff believes that the current structure and composition of the Economic Development Advisory Council (EDAC) is not adequately aligned with its roles and responsibilities. This has lead to numerous changes to EDAC's membership composition and eligibility criteria since it was created in 1990. This situation has also lead to inconsistent focus on the achievement of EDAC's purpose. In February 2022, the Norco City Council adopted the 2022 Strategic Plan which includes Economic Development and Financial Stability as a Strategic Direction. Staff is requesting City Council input and participation to initiate Strategic Direction #3, Action Plan #1.4 (Exhibit A).
BACKGROUND:
The Norco Economic Development Advisory Council(EDAC) was created by the City Council in 1990. The central purpose of EDAC as advisory council is to propose, prepare, and adopt recommendations to the City Council for the improvement of the economy within the City of Norco which will result in the creation of new jobs and other benefits to all the residents of the City so as to make the City of Norco a better place to live and work.
Since the creation of EDAC, numerous changes have been made to EDAC's membership composition. Over time, this has resulted in misalignment between membership composition and achievement of the central purpose. It is therefore, necessary to review the current structure, membership composition and role and responsibilities of EDAC to ensure proper alignment in the achievement of the desired objectives.
On February 16, 2022, the Norco City Council adopted the 2022 Strategic Plan, which is a document that guides City decisions and actions over a multi-year period. The 2022 Strategic Plan consists of five strategic directions that are dedicated to fulfilling the organization's mission statement and preserving Norco's rural lifestyle. Strategic Direction #3, Economic Development and Financial Stability, includes action plans that will assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management. This strategic direction includes a corresponding action plan to expand economic development efforts (Action Plan #1) and a sub-action plan to determine the role and responsibilities for the Economic Development Advisory Council (Sub-Action Plan #1.4).
In order to accomplish the economic development goals of the Strategic Plan, it is critical to have a well structured and high performing EDAC. Therefore, staff is requesting that the City Council appoint two Council Members to serve on a City Council Subcommittee that will work with staff to review the structure, composition and the role and responsibilities for the Economic Development Advisory Council.
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item is related to Strategic Direction #3 - Economic Development and Financial Stability, Action Plan #1.4.
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
Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management
ECONOMIC DEVELOPMENT & FINANCIAL STABILITY
20222023202420252026
ACTION PLANS COMPLETION
1 Expand economic development efforts
Lead: City Manager Support: All Departments Completion: December 31, 2023 Sub-Actions
1.1 Quantify the current breakdown of business categories and evaluate opportunities to improve or strengthen existing categories December 31, 2022
1.2 Develop a database of available developable parcels December 31, 2022
1.3 Strengthen relationship with Norco Area Chamber of Commerce December 31, 2022
1.4 Determine role and responsibilities for Economic Development Advisory Council December 31, 2022
1.5 Determine appropriate staffing structure for administering economic development functions June 30, 2023
1.6 Explore opportunities to host a Norco Business Expo June 30, 2023 13
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
Prepared By: Andy Okoro, City Manager
Department: Administration
SUBJECT:
Authorizing Appropriation as determined by City Council from American Rescue Plan Act (ARPA) Fund Allocation to provide Financial Assistance in Support of City Co-Sponsored Community Events
RECOMMENDATION:
City Council to determine the amount of financial assistance to be provided by the City of Norco to Norco Horseweek, Norco Mounted Posse Rodeo and Norco Fair Committees to support their 2022 annual events at Ingalls Event Center; adopt as appropriate Resolution No. 2022-21 to provide financial assistance from ARPA funds.
SUMMARY:
On March 2, 2022, the City Council voted to agendize discussion regarding providing potential financial assistance to Norco Horseweek, Norco Mounted Posse Rodeo and the Norco Fair Committees to assist these organizations to defray unanticipated cost increases associated with bleacher rentals for their 2022 annual events at George Ingalls Equestrian Event Center. If the City Council decides to provide financial assistance to support these events, appropriation can be made from the City's unallocated balance of American Rescue Plan Act (ARPA) funds.
BACKGROUND:
During the Fiscal Year 2021-2022 Mid-year Budget amendments discussions, on March 2, 2022, Councilmember Ted Hoffman requested that the City Council consider appropriating ARPA funds to support Norco Horseweek, Norco Mounted Posse Rodeo and the Norco Fair Committees to mitigate the negative financial impact of COVID-19 on their City co-sponsored annual events at George Ingalls Equestrian Event Center. In order to put on these events, these organizations rent additional bleachers to supplement the bleachers that currently exist at the Event Center. The cost to rent the additional bleachers in 2022 is estimated to have jumped by an average of 43% from where they were pre COVID-19 in 2019, the last time these organizations rented bleachers. This percentage increase translates to about $10,000 increase for each organization to rent bleachers.
In addition to the extraordinary unanticipated increase for bleacher rentals, the Norco Horseweek Committee has indicated that they sustained a loss of $23,269.19 in 2020 due to the cancellation of their event because of COVID-19, after non-refundable expenses related to the event were paid. These include costs for T-shirts, printing of program, pre-event activities, permits, licenses, postage, etc.. Staff recommends that the City Council determine how much financial assistance the City should provide to the Norco Horseweek to help defray any loss they may have incurred due to the cancellation of the 2020 City co-sponsored community event because of COVID-19.
FISCAL IMPACT:
The amount of financial assistance approved by the City Council to be provided to these organizations will reduce the unallocated balance of ARPA funds. The current unallocated balance of ARPA funds is $3,190,683. Pursuant to Federal Treasury regulations regarding the use of ARPA funds, the City of Norco is a Non-Entitled Unit (NEU) with total allocation of less than $10 million. NEUs with less than $10 million in allocation can treat their total allocation as "lost revenue" and use the allocation to fund "government services." The City has elected to treat it's total allocation as lost revenue; and providing funding in support of City co-sponsored community events would qualify as providing government services.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of financial assistance to support City co-sponsored community events is consistent with Communication and Stakeholder Experience Strategic Direction of the City's Strategic Plan.
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 No. 2022-21
RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING APPROPRIATION IN THE AMOUNT OF
$___________ FROM AMERICAN RESCUE PLAN ACT FUNDS TO
SUPPORT COMMUNITY SPECIAL EVENTS.
WHEREAS, on March 2, 2022, the City Council voted to agendize discussion regarding providing potential financial assistance to the Norco Horseweek, Norco Mounted Posse Rodeo and Norco Fair Committees to assist these organizations to defray unanticipated cost increases associated with bleacher rentals for their 2022 City cosponsored annual special community events at George Ingalls Equestrian Event Center; and
WHEREAS, the cost to rent additional bleachers in 2022 is estimated to have jumped by an average of 43% from where they were pre COVID-19 in 2019, the last time these organizations rented bleachers; and
WHEREAS, this increase in the cost of bleacher rental is estimated to cost each organization additional $10,000 in 2022; and
WHEREAS, due to COVID-19, Norco Horseweek, Norco Fair and Norco Mounted Posse Rodeo City co-sponsored community events didn’t take place in 2020 and 2021 resulting in financial hardship to these organizations; and WHEREAS, Norco Horseweek estimates that it incurred financial losses in 2020 in the amount of $23,269.19 due to the cancellation of their City co-sponsored community event after non-refundable expenses related to the event were paid; and WHEREAS, the City can provide financial assistance from its allocation of American Rescue Plan Act (ARPA) funds to support City co-sponsored community special events;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, at a regular meeting held on April 6, 2022, approved $________ for Norco Horseweek; $________ for Norco Fair Committee; and $________ for Norco Mounted Posse Rodeo to support their individual City co-sponsored 2022 annual events to be held at George Ingalls Equestrian Event Center in 2022.
Resolution No. 2022-21 – Appropriating ARPA Funds for Community Events
April 6, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on April 6, 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 introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on April 6, 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 April 6, 2022. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
6.C.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
City Hall Exterior Signage
RECOMMENDATION:
Approve the recommended City Hall Signage Plan; approve Option A or B for the City Hall Logos
SUMMARY:
Staff will be replacing all exterior signs on the City Hall building once the painting project is complete. After reviewing the existing signage plan for the building, staff became aware of changes needed to accommodate for recent modifications to operations at the facility.
Since the signs have not been manufactured, this is the time to address any potential changes that the City Council may have along with staff’s recommendations for sign replacement.
Staff has utilized the City's Style Guide as a basis for the sign designs using Libre Franklin Bold font type and colors suggested. Staff is recommending a bronze color lettering on all new mounted signs, this would best match the existing sign and contrast against the building color. The City logo will be full color and will utilize a plastic material for the signs that is UV resistant. The signs will be installed using threaded studs and the contractor will attach the signs directly to the building.
BACKGROUND:
Location 1: Staff is recommending the replacement of "Norco City Hall" lettering in 24" non-illuminated formed plastic.
While reviewing the signage plan, it was relayed to staff that there were requests to have a larger Norco logo on the City Hall Building. To accommodate this request, staff has provided two options for the City Council to consider.
Option A includes the replacement of the two 24" logos. The amount for both signs and installation is $8,000.
Option B includes the replacement of the existing logos into one large 84" diameter nonilluminated sign. The amount for the sign and installation is $14,000.
Location 2: Staff is recommending the replacement of "2870" in 12" non-illuminated formed plastic letters. "Entrance" will also be added to the front of City Hall to clearly delineate where guests should enter. This entrance point is crucial to operations and front lobby changes that will take place next fiscal year as part of the City Hall Improvement Project.
Location 3: The "Parks & Recreation" signage will be changed to "Community Services / Facilities." This change is to reflect recent department changes. The signs will be 8" using the same font and color.
Location 4: The City of Norco Sheriff's Office will remain "City of Norco Sheriff's Office." The signs will be 10" using the same font and color.
The cost for the sign project is dependent on the Option that the City Council approves.
There is a $6,000 cost difference between the two options. The estimated cost of the overall project with Option A is $26,000. The cost for the overall project with Option B is $32,000.
Staff recommends that the City Council approve the signage changes needed to reflect current City Hall operations at Locations 2, 3, and 4; provide approval for either Option A or Option B for Location 1.
FISCAL IMPACT:
The Norco City Hall, Nellie Weaver Hall, Riley Gym, and Fire Station 57 Exterior Painting Project was approved as a Capital Improvement Program (CIP) project for the Fiscal Year 2021-2022 utilizing Measure R funds in the amount of $150,000. One contract has been awarded for the exterior painting project in the amount of $75,900. The remaining balance of the budgeted project will fund the signage project with either Option A or B for the City Hall Signs. Funding for this project is approved from Measure R, Account No. 132.910.43115.
RELATIONSHIP TO STRATEGIC PLAN:
Consistent with Strategic Direction #5 - Infrastructure and Asset Management, "Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets."
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
V '3 N”oR6o’ ilfv’H?.L’ o
NORCO cjlrtv HALL
NORCO ‘cjlrrv HALL
UNITY SERVICES
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
7.A.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Consideration of the addition of a Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.) to approved Measure R funded projects for Fiscal Year 2021-2022.
RECOMMENDATION:
Adopt Resolution No. 2022-22, to add a Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.) to the Measure R Capital Improvement Budget for FY 2021-2022; approve a purchase order amount of $65,544 to Nova Landscape Group and authorize the City Manager to issue change orders up to 10 percent of the purchase order amount.
SUMMARY:
Staff is seeking approval from City Council to add a new Measure R project and funding to install a dedicated irrigation system on Hillside Avenue from Fifth St. to Sixth St. to support watering of new trees to be planted under the Cal Fire Tree Grant Program.
BACKGROUND:
Over the past five years the City has seen a significant number of public trees removed due to age or disease. In some cases, entire blocks of roadway have no trees remaining in the public right-of-way. While the Measure R Citizens Oversight Committee and City Council previously approved funding for a 1,200 tree planting project, the number of trees requested by the public has been minimal. This has not gone unnoticed by Council and as a result Council has directed staff to develop a pilot project where trees would be planted in the public right-of-way and watered by the City.
The Public Works Department recently completed a roadway widening and pavement project on Hillside Avenue between Fifth St. and Sixth St. As part of this project, the existing parkway and trail on the west side of Hillside Ave. was adjusted and widened resulting in no trees remaining on the west side of Hillside Ave. Therefore, this block of roadway provides a great opportunity to develop a project to plant trees in the newly established parkway and improve the overall aesthetics for those residents. Staff is proposing to have West Coast Arborist plant approximately 65 trees as part of the
available trees grant project (no additional funding needed) and then have Nova Landscaping Group (City's trail maintenance contractor) install a dedicated irrigation system to support the trees. Staff has obtained a cost estimate from Nova in the amount of $65,544 to supply and install the irrigation controller, PVC piping, conductor wire, bubblers, backflow device, valve, and other misc. components and fittings (Attachment "A").
Staff presented this item to the Measure R Citizens Oversight Committee on March 23, 2022; the Committee voted unanimously to approve the allocation of $80,000 for the new irrigation to support the Tree Irrigation Project on Hillside Ave. (Fifth St. to Sixth St.). Due to the daily increases in various supplies staff is recommended a budget allocation of $80,000 to cover any potential cost increases that might occur by the time the project is officially approved by the City Council.
FISCAL IMPACT:
Based on the FY 2021-2022 Measure R approved amended budget, the estimated available fund balance is $3,053,945. Therefore, Measure R funds are available to support staff's request for the new project and appropriate $80,000 to fund the Tree Irrigation Project on Hillside Ave. (Fifth St. to Sixth St.).
RELATIONSHIP TO STRATEGIC PLAN:
The requested funding for the Tree Irrigation Project on Hillside Ave. (Fifth St. to Sixth St.) is consistent with Strategic Plan Goal No. 5 - Infrastructure & Asset Management:
Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
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):
Attachment "A"
Resolution No. 2022-22
AEW NO.: 030122-1010
Date:
Job Name: Client No:
Job Address: Branch /Job No:
Sales Order No:
Bill To: Clients P.O. No.:
Attention: Tax Code:
Bill To Address:
Account Code:
Client Phone # :
Project Name:
OTHER NOTES:
QTY. SIZE MATERIAL
Provide labor material and equipment to perform irrigation install in parkway. 1400 L.F. PVC Pipe 1-1/2" in. Schedule 40
1600 L.F. PVC Pipe 1" in. Schedule 40
1 each Irrigation Misc. fittings
1 each Galvanized pipe/post to hold irrigation timer
1 each Concrete base for irrigation timer
1 each Dig LEIT 4000 Controller 8 station solar controller 8 each Dig Lema 1600 HE DC selenoid actuator and adapter 7 each UF Wire Black/White 14 gauge 1 conductor 2500' ft per roll 70 each RainBird Pressure compensating bubbler 2.0 GPM full circle umbrella bubbler 8 each NDS standard rectangular valve box 14" in. x 19' in. x 12' in. green 8 each RainBird PEB industrial valve plastic 1-1/2" in. 1 each FEBCO LF825Y Backflow assembly 1-1/2" in. lead Free Ball Valves 1 each All Spec Backflow enclosure single swing expanded metal, green 18" W x 48" L x 30" H 1 each Misc. 1-1/2" Brass fittings for backflow installation Total Labor & Materials, including Sales Tax $65,543.48 This proposal is valid for 60 calendar days unless otherwise approved by Nova Landscape Group Inc.
DO NOT MAIL; SEND INVOICE BACK TO BRANCH
rev. 03/12/19 THIS IS NOT AN INVOICE
Norco CA. 92860
15218 Summit Ave #300-734 Fontana CA 92336
Phone: (909) 681-6949 / Email: [email protected]
10:10 AM INTERNAL USE ONLY
Hillside Ave. Irrigation Installation
Contract & Authorization For Extra Work
City of Norco 2870 Clark Ave.
March 1, 2022
112200
Chad Blais -City of Noco
Scope of Work / Labor & Materials
Install new Irrigation for trees to be installed in
parkway.
Chad Blais
130
Hillside Ave. Irrigation Install
ATTACH COPY OF APPROVAL WITH INVOICE
ATTACHMENT "A"
No. 030122-1010 Total: $65,543.48
Client / Owner Nova Landsape Group Inc.
Email:
By: By: 3/1/22
Account Manager
12. Assignment: The Client/Owner and the Contractor, respectively, bind themselves, their partners, successors, assignees and legal representatives to the other party with respect to all covenants of this Contract. In the event of sale or transfer of Client/Owner's interest in its business and/or the property which is the subject of this agreement, Client/Owner must first obtain the written consent of Contractor for the assignment of any interest in this agreement to be effective.
13. Disclaimer: This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. We cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services (“Design Services”) are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the Client/Owner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved.
Acceptance of this Contract
Printed Name / Date
Signature / Date
Printed Name / Title
NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC’S LIEN ON THE TITLE TO YOUR PROPERTY.
1. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications.
2. Work Force: Contractor shall designate a qualified representative with experience in landscape maintenance/construction upgrades. The workforce shall be competent and qualified, and shall be legally authorized to work in the U.S.
3. License and Permits: Contractor shall maintain a Landscape Contractor’s license, if required by State or local law, and will comply with all other license and permit requirements of the City, State and Federal Governments, as well as all other requirements of law.
8. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate.
11. Termination: This Work Order may be terminated by the Client/Owner with or without cause, upon seven (7) work days advance written notice. Client/Owner will be required to pay for all materials purchased and work completed to the date of termination and reasonable charges incurred in demobilizing.
9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work.
10. Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty (30) days, a progress bill will be presented by month end and shall be paid within fifteen (15) days upon receipt of invoice.
6. Liability: Contractor shall indemnify the Client/Owner and its agents and employees from and against any liabilities that arise out of Contractor’s work to the extent such liabilities are adjudicated to have been caused by Contractor’s negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from drought restrictions, or Acts of God which are defined as those caused by windstorm, hail, fire, flood, earthquake, and freezing, etc. Under these circumstances, Contractor shall have the right to renegotiate the terms and prices of this agreement within sixty (60) days. Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Client/Owner or not under Client/Owner management and control shall be the sole responsibility of the Client/Owner.
Rafael Munoz
Signature / Title
Email: [email protected]
Contractor is authorized to perform the work stated on the face of this Contract. Payment will be 100% due at time of billing. If payment has not been received by Nova Landscape Group inc. within fifteen (30) days after billing, Nova Landscape Landscape Group shall be entitled to all costs of collection, including reasonable attorneys’ fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Client/Owner. Interest at a per annum rate of 1% per month, or the highest rate permitted by law, will be charged on unpaid balance 45 days after billing.
7. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.
4. Taxes: Contractor agrees to pay all applicable taxes, including sales tax where applicable on material supplied.
Terms and Conditions
5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law or Client/Owner, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurance with $1,000,000 limit of liability. [email protected]
Mayor
Greg Newton April 6, 2022
ATTEST:
____________________________________
Dana Roa, CMC, City Clerk
City of Norco
Personnel/ Working hours
Utilities, traffic, and permitting
Scope of Work/ Project Specs
Irrigation
Warranty
• Power (110v) P.O.C. for irrigation controller will be provided by the Owner • Nova Landscape Group Inc. will warranty the irrigation system, with regards to material quality and workmanship for (90) days from the date of installation. • Nova landscape Group Inc. shall guarantee all shrubs and ground covers for a period of (90) days and all specimen trees for a period of one (1) year, or for as long as Nova Landscape Group Inc. is retained as the maintenance provider.
• Specified plant material is subject to availability at the time of construction. • Nova landscape Group Inc. shall be given sufficient notice to place irrigation sleeving prior to paving and/or curbing or wall footings being poured. • No hardscape (asphalt, concrete, etc.) cutting for purposes of installing irrigation piping, wires, etc. is provided for in this proposal. • Irrigation to be taken from provided point of connection no meter installation included. • Irrigation to be installed per plan no deviation from plan has been included. Any necessary irrigation modifications to be billed at time and materials. • Nova Landscape Group Inc. will receive the site clean and free of weeds and construction debris and in finish graded condition (plus or minus 1/10th foot) • Site is to be readily accessible to smooth bucket skip loader, forklift, and workmen with hand tools, semi truck and trailer. • Cutting, patching or penetration of planter walls is not included. Coring of structures has not been included. Others will provide all necessary penetrations into existing planters, etc. Sealing of these penetrations to be by others also.
• Waterproofing, protection boards, and topping slabs shall be completed, in place and tested by others. • No import or export soils are provided for in this proposal except as noted in the materials list. All planting spoils to be used on site. • Equipment access roads and level crane pads are to be provided as the time of installation and approved by Nova Landscape Group Inc. • Any and all concrete or asphalt cutting, demolition and removal, to be performed by others. • Hardscape, electrical, demolition, surveying, metal work or waterproofing, not included. • No demolition work is provided for in this proposal.
• Nova Landscape Group Inc. is not responsible for underground or overhead utilities or their re-routing. • Nova Landscape Group Inc. is not responsible for unmarked private utilities. • A minimum of (48) hour notice prior to mobilization must be provided for proper underground utility marking, etc. in public areas. • The owner shall be responsible for identifying and marking all underground utilities within in the work site. Nova Landscape Group Inc. shall accept no responsibility for damage to any unmarked underground utilities.
• This work is based on non-union labor.
• This proposal is based on performing the work in one continuous operation and includes one mobilization of equipment to and from site. • Nova Landscape Group Inc. has not included any permits or fees for this work in this proposal. Permits and fees if required are to be supplied and paid for by others including street closure and traffic control plans. • Water meters, fees, permits and cost for water not included in proposal.
EXCLUSIONS & QUALIFICATIONS NOTES
• Our bid is based upon personnel working normal daytime hours 8 hour work day and 40 hour work week and does not include working in an ineffective manner i.e. working in the rain or unsafe working conditions. • Nova Landscape Group Inc. is an open shop contractor, non-signatory to any labor agreements. This proposal is based on non-prevailing wage rates.
RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING THE FISCAL YEARS 2022-2026 MEASURE
R CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO ADD A
TREE IRRIGATION PROJECT ON HILLSIDE AVENUE - FIFTH STREET TO SIXTH STREET.
WHEREAS, the Fiscal Years (FY) 2022-2026 Capital Improvement Program (CIP) Budget for the City of Norco, California, was adopted by the City Council on June 16, 2021; and
WHEREAS, there is a need to amend the Measure R CIP Budget for FY 2021- 2022 to add the Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.); and WHEREAS, the requested amendment includes the funding allocation of $80,000 for the Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, at a regular meeting held on April 6, 2022 approved an amendment to the Measure R Capital Improvement Program for FY 2021-2022 to add a Tree Irrigation Project on Hillside Avenue (Fifth St. to Sixth St.) and add funding in the amount of $80,000.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on April 6, 2022
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2022-22 – Adding Tree Irrigation Project on Hillside Ave.
April 6, 2022
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 April 6, 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 April 6, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 6, 2022 Agenda Item:
7.B.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
First Reading, Ordinance 1082 (City of Norco): A City initiated proposal to amend Norco Municipal Code (NMC) Section 18.30.35 “Mobile Home, Temporary Use for the Elderly”, to eliminate temporary housing; superseded by NMC Section 18.30.46 “Accessory Dwelling Units”. Zone Code Amendment 2022-01
RECOMMENDATION:
Adopt Ordinance 1082, for First Reading, amending Norco Municipal Code (NMC) Section 18.30.35 “Mobile Home, Temporary Use for the Elderly”, to eliminate temporary second units; and schedule the Second Reading on April 20, 2022. Zone Code Amendment 2022-01.
SUMMARY:
Upon approval of Ordinance 1082, the Zone Code Amendment will remove the provision for temporary second unit for the elderly with the approval of a Conditional Use Permit (CUP). Second units (which can also be provided for the elderly) will continue to be allowed on a permanent basis under the provision of Accessory Dwelling Units (ADUs) in Norco Municipal Code Section 18.30.46. This action is also a follow-up item identified in 2021-2029 Housing Element, in an effort to reduce the constraints on the development of housing by eliminating the requirements of a CUP.
BACKGROUND:
The Planning Commission recommended approval of the Zone Code Amendment 2022- 01 to the City Council at its meeting held on March 9, 2022. The Planning Commission considered the information below in their determination to recommend approval.
Below is a summary of the background on the subject matter:
• Accessory Dwelling Units (ADUs) are now allowed in any zone that allows residential uses. In addition to that, the Norco Municipal Code still makes provision
for Caretaker Dwellings and Temporary Mobile Homes for the Elderly with the approval of a Conditional Use Permit (CUP).
• A discussion item was presented to the Planning Commission on July 14, 2021 to determine if a Code Amendment was warranted to modify the provisions for Caretaker Dwellings and Temporary Mobile Homes for the elderly, given that ADU's are now allowed in any zone that allows residential uses. • The Planning Commission at its meeting on July 14, 2021, discussed this item and determined that temporary mobile homes for the elderly and caretakers are no longer needed since ADUs serve the same purpose.
• This same discussion was presented to the City Council on August 4, 2021, along with the recommendation by the Planning Commission.
• The City Council was also informed that the requirement for a CUP was seen as a constraint on the provision of housing in the City.
• The Council agreed that Caretaker Dwellings and Temporary Mobile Homes for the elderly should be dealt with separately; that Caretaker Dwellings should continue to be allowed with a CUP (in addition to an ADU); and that they were in favor of eliminating the Temporary Mobile Homes for the Elderly, but first wanted to know how many the City currently has.
• In the interim, the review of the 2021-2029 Housing Element continued, where it was confirmed that the requirement for a CUP was seen as a constraint on the development of housing.
• As a result, the 2021-2029 Housing Element was adopted with the commitment to remove Section 18.30.35 from the Zoning Code and encourage use of the simplified regulations for ADUs.
• The Housing Plan Section of the recently adopted Housing Element, Goal 2:
Remove or Reduce Constraints on the Development of Housing, states the following action:
Action 2.7. Mobile Homes, Temporary Use. The adoption of Zone Code Amendment 2020-05, amending Section 18.30.46 of the Zoning Code to streamline the process for construction of accessory dwelling units, supersedes the provisions of Section 18.30.35 related to temporary mobile homes. To avoid internal inconsistencies within the Municipal Code, the City will remove Section
18.30.35 from the Zoning Code and encourage use of the simplified regulations for ADUs.
Attached for the Council's review is the list of existing Temporary Mobile Homes for the Elderly (Exhibit "A"). This list was also reviewed by the Planning Commission. For the purpose of protecting those in existence and so that they don't become non-conforming uses that cannot be moved, altered or changed, and to comply with Action 2.7 noted above, the recommendation is that Section 18.30.35 remain, but be amended to apply only to temporary mobile homes existing prior to the effective date of the Zone Code Amendment 2022-01. New temporary mobile homes would be prohibited. The entire section is listed below, with the proposed amendment in bold, underlined anditalicized and deleted verbiage is crossed out:
18.30.35 Mobile Home, Temporary Use for the Elderly.
This section applies only to temporary mobile homes for the elderly approved under the provision of this section and in existence prior to the effective date of Ordinance ____, approving Zone Code Amendment 2022-01. New temporary mobile homes for the elderly after the effective date of Ordinance ___ are prohibited. An existing temporary mobile home for the elderly is not in addition to the provisions of the Accessory Dwelling Unit Ordinance, in Norco Municipal Code Section 18.30.46. A temporary mobile home must comply with Section 18.30.45 for conversion to an ADU or be removed if a separate ADU is installed/constructed.
Notwithstanding the restrictions contained in Section 18.30.34, Any existing the temporary use of a mobile home for the elderly as defined in Section 18.02.040 (51) approved under a Conditional Use permit is allowed to continue and modifications are permitted, provided is permitted in any zone provided the following is met:
(1) A Conditional Use Permit is granted pursuant to all requirements contained in Chapter 18.45 Conditional Use Permits.
(2) (1). The mobile home is for the exclusive use of a maximum of two aged family members of the owner occupant of a main use dwelling on the same property. (3) (2) At least one of two occupants allowed in the mobile home shall be 62 years of age and the applicant shall continue to demonstrate the need for the family members care. (4) (3) The existing conditional use permit shall be was granted for a maximum one year period and may be extended on a year to year basis. The Planning Commission may, if deemed necessary, call for a public hearing prior to approving any extension. (5) In addition to the fee to process the conditional use permit, an annual fee as established by City Council Resolution shall be assessed the property owner. (6) (4) The minimum lot size for lots eligible for temporary mobile homes is shall continue to be 20,000 square feet.
(7) (5) The mobile home shall shall continue to be placed to the rear of the main dwelling. Modifying the location of a temporary mobile home on a property, requires a modification to the approved Conditional Use Permit.
(8) (6) The mobile home shall be constructed either after September 15, 1971, and be issued an insignia of approval by the California Department of Housing and Community Development or be constructed after July 1, 1976, and be issued an insignia of approval by the U. S. Department of Housing and Urban Development. In addition the applicant shall provide a State inspection certificate that the mobile home meets all code requirements at the time the conditional use permit is granted.
Mobile units constructed prior to these dates may be permitted provided that the unit is certified by the State inspector that it meets all current code.
(9) (7)The floor area of the mobile home shall not be less than 350 square feet nor larger than 900 square feet. (Ord. 707, 1996).Modifying the size of an approved temporary mobile home requires a modification to the approved Conditional Use Permit.
(10) (8) The temporary mobile home shall be connected to the City sewer system. If sewer service does not exist, the mobile home shall be connected to the existing septic system or a separate septic system if it is not practical to hookup to the existing system. A cash bond shall be deposited for the removal of any required new septic system for the mobile home. (11) (9) Home occupation shall not be permitted from the mobile home. (12) (10) The mobile home, although temporary, shall be secured to withstand wind loads in accordance with the Uniform Building Code calculations but not be placed on a permanent foundation.
In addition, all utility connections serving the unit shall meet applicable building codes. (13) (11) Notwithstanding Chapter 18.44 there shall be no Zone Code Variance granted to the regulations contained herein. (Added by Ord. 544 Sec. 2, 1985) It should be noted that Caretaker Dwellings in agricultural zones will still be allowed with a CUP, and that an ADU can still be added in addition to the CUP. Furthermore, existing temporary mobile homes for the elderly can be converted to a permanent ADU at the property owners' discretion, however, a temporary mobile home for the elderly cannot remain in addition to an ADU.
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
Adopting the Zone Code Amendment pertinent to the the City's Housing Element to comply with State requirements is consistent with Strategic Direction #3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
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
Ordinance 1082
Conditional Use
Permit Applicant Address/Comments Permit Number Notes
2019-06 (Elderly) Sam and Mitzi Tresler 2590 Lasso Lane Not installed 2019-09 (Elderly) James Rice 3551 Broken Twig Drive 2020BD0262 2019-08 (Caretaker) Tim Shamber 379 North Drive 2021-00000224 2019-04 (Elderly) Glenn and Linda Walsh 1230 Dodge City Place 2019BD0732 2017-02 (Elderly) Bernal, John & Lisa 1195 Willow Dr Not installed 2016-26 (Elderly) Bowen 2484 Pinto Lane Not installed
2015-38 (Elderly) Josephine Preciado (occupant) 3180 Cutting Horse Road 2016BD0138 2015-22 (Elderly) Howard and Hollis Parmely 1372 Third Street 2015BD0818 2014-25 (Elderly) Robert and Alyson Brown 3760 Alhambra Street Not installed 2009-07 (Caretaker) Ronald and Linda Lowe 1620 Corona Avenue 2009BD0600 2009-03 (Elderly) Ernest Armstrong 2445 Kips Korner 2009BD0376 2007-12 (Caretaker) Donna Smith
Tonalli Capayo Ranch 2425 Valley View 96BD0524
2006-11 (Caretaker) Brent and Sharon Smith 2790 Valley View 2006BD1052 2005-05 (Elderly) Robert and Karen Leonard 4475 Hillside Ave 2008BD0542 Approval to permanent Caretaker 4-21-2020 per Steve King letter
2003-05 (Elderly) Richard Cheathum 4759 Pedley Ave 2004BD2642 2003-02 (Elderly) Tim Stitch 2271 Stallion Dr. 2003BD0354 2003-01 (Caretaker) Jane Barnes 3746 California Ave 2007BD1032 2002-19 (Elderly) Bob and Linda Coryell 3597 Hillside Ave 2003BD0318 2002-09 (Caretaker) Dr. Cassndra Sanders-Holly 4211 Valley View 2002BD0806 sewer2002BD1195 WM 2001-13 (Caretaker) Jon Lee 4005 Pedley 2002BD0331
2001-11 (Elderly) New Owner: Eulalia Llamas 1141 First St 2001BD1676, NO
FINAL/HAS
2000-02 (Elderly) Cheryl Chavez 3800 Pedley Ave 2000BD0158 99-17 (Care Taker) Judy Bonham 4663 Hillside FILM
99-15 (Care Taker) Neil Hanson (Landry) 379 North Drive 96BD0147 Remodel permit
99-05, old CUP 98-
17 (Elderly) William Risse 2347 Reservoir Dr 99BD0876/
99BD1002 for patio
96-13 (Care Taker) Allen/Betty Bash, Kevin Bash 3678 Pedley Avenue 450 SF 96-02, Mod. #1
(Elderly)
Gabriela Vega/Juan
new owner in 2006 2010 Parkridge Ave 96BD0344
93-06 (Elderly) Bruce Williamson/Susan 3585 Chestnut 93BD0548 93-04 (Care Taker) Carlos Ramirez/Guadalupe 1590 Hillside 93BD0645 92-01 (Elderly) Laura River is new owner 4181 Temescal Avenue 94BD0728 90-13 (Elderly) Marcella Craig 4959 Roundup FILM
90-10 (Elderly) Martin Nichols 4840 Roundup FILM
88-8 (Elderly) Ibarra Cardova 2040 Parkridge FILM
TEMPORARY MOBILE HOMES
MASTER LIST
CURRENT / ACTIVE
ORDINANCE 1082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING SECTION 18.30.35 “MOBILE HOME,
TEMPORARY USE FOR THE ELDERLY” OF THE NORCO MUNICIPAL
CODE, TO ELIMINATE THE PROVISION FOR TEMPORARY HOUSING, WHICH IS SUPERSEDED BY SECTION 18.30.46 “ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS”.
ZONE CODE AMENDMENT 2022-01
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2022-01, a proposal to amend Title 18 “Zoning” of the Norco Municipal Code, to eliminate new temporary housing under Section 18.30.35, which is superseded by permanent housing under the Norco Municipal Code Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units”; and WHEREAS, the Zone Code 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 Zone Code Amendment was scheduled for public hearing on March 9, 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 Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-07 recommending that the City Council adopt the Zone Code Amendment; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on April 6, 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 the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that the project is exempt from the California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines pursuant to Section 3.13.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS:
Ordinance No. 1082 – Amending NMC Section 18-30-35
April 20, 2022
I. FINDINGS:
A. The proposed Zone Code Amendment will not be inconsistent with, or contrary to, the General Plan or the Zoning Code since the amendment is consistent with the 2021- 2029 Housing Element update.
B. The proposed Zone Code Amendment will not create conditions materially detrimental to the public health, safety and general welfare.
C. City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines, that project is exempt from the California Environmental Quality Act and the City of Norco Environmental Guidelines pursuant to Section 3.13. Class 5.
NOW, THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:
SECTION 1.
Norco Municipal Code Section is listed below, with the proposed amendment in bold, underlined and italicized, and deleted verbiage is crossed out:
18.30.35 Mobile Home, Temporary Use for the Elderly.
This section applies only to temporary mobile homes for the elderly approved under the provision of this section and in existence prior to the effective date of Ordinance ____, approving Zone Code Amendment 2022-01. New temporary mobile homes for the elderly after the effective date of Ordinance ___ are prohibited. An existing temporary mobile home for the elderly is not in addition to the provisions of the Accessory Dwelling Unit Ordinance, in Norco Municipal Code Section 18.30.46. A temporary mobile home must comply with Section 18.30.45 for conversion to an ADU or be removed if a separate ADU is installed/constructed.
Notwithstanding the restrictions contained in Section 18.30.34, Any existing the temporary use of a mobile home for the elderly as defined in Section 18.02.040 (51) approved under a Conditional Use permit is allowed to continue and modifications are permitted, provided is permitted in any zone provided the following is met:
(1) A Conditional Use Permit is granted pursuant to all requirements contained in Chapter 18.45 Conditional Use Permits.
(2) (1). The mobile home is for the exclusive use of a maximum of two aged family members of the owner occupant of a main use dwelling on the same property.
(3) (2) At least one of two occupants allowed in the mobile home shall be 62 years of age and the applicant shall continue to demonstrate the need for the family members care.
Ordinance No. 1082 – Amending NMC Section 18-30-35
April 20, 2022
(4) (3) The existing conditional use permit shall be was granted for a maximum one year period and may be extended on a year to year basis. The Planning Commission may, if deemed necessary, call for a public hearing prior to approving any extension.(5) In addition to the fee to process the conditional use permit, an annual fee as established by City Council Resolution shall be assessed the property ow (6) (4) The minimum lot size for lots eligible for temporary mobile homes is shall continue to be 20,000 square feet.
(7) (5) The mobile home shall shall continue to be placed to the rear of the main dwelling. Modifying the location of a temporary mobile home on a property requires a modification to the approved Conditional Use Permit.
(8) (6) The mobile home shall be constructed either after September 15, 1971, and be issued an insignia of approval by the California Department of Housing and Community Development or be constructed after July 1, 1976, and be issued an insignia of approval by the U. S. Department of Housing and Urban Development. In addition the applicant shall provide a State inspection certificate that the mobile home meets all code requirements at the time the conditional use permit is granted. Mobile units constructed prior to these dates may be permitted provided that the unit is certified by the State inspector that it meets all current code. (9) (7) The floor area of the mobile home shall not be less than 350 square feet nor larger than 900 square feet. (Ord. 707, 1996). Modifying the size of an approved temporary mobile home requires a modification to the approved Conditional Use Permit.
(10) (8) The temporary mobile home shall be connected to the City sewer system. If sewer service does not exist, the mobile home shall be connected to the existing septic system or a separate septic system if it is not practical to hookup to the existing system. A cash bond shall be deposited for the removal of any required new septic system for the mobile home.
(11) (9) Home occupation shall not be permitted from the mobile home. (12) (10) The mobile home, although temporary, shall be secured to withstand wind loads in accordance with the Uniform Building Code calculations but not be placed on a permanent foundation. In addition, all utility connections serving the unit shall meet applicable building codes.
(13) (11) Notwithstanding Chapter 18.44 there shall be no Zone Code Variance granted to the regulations contained herein. (Added by Ord. 544 Sec. 2, 1985)
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
Ordinance No. 1082 – Amending NMC Section 18-30-35
April 20, 2022
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, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of 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 hereto and shall cause the same within 15 days of its passage to be posted at no less that 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 April 20, 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 Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on April 6, 2022, and thereafter at a regular meeting of said City Council duly held on April 20, 2022, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on April 20, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California