Agenda — Norco City Council, May 31, 2022

AGENDA
City Council
Special Meeting
Tuesday, May 31, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL 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
BUDGET WORKSHOP 4:00 PM
A. Continued presentation of Preliminary Fiscal Year 2022-2023 Operating Budget.

RECOMMENDATION:

Provide feedback.

B. Presentation of the Draft Capital Improvement Program Budget for Fiscal Years 2022-2023.

RECOMMENDATION:

Provide feedback.

CLOSED SESSIONS 5:30 PM
§54956.9 (d)(1) - Conference with Legal Counsel - Anticipated Litigation One Case - PERB LA - CE - 1575-M
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Okoro
Employee Organization: Norco General Employees Association §54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Okoro
Unrepresented Employees: Norco Mid-Management, Confidential, and Management Employees
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Okoro
Public Works Association Local 606
§54957(b) – Public Employee Recruitment
Title: City Manager
City Council Agenda - May 31, 2022
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

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

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

RECOMMENDATION:

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

Staff Report - Pdf

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

Approve the City Council Regular Meeting Minutes of May 18, 2022.

Staff Report - Pdf

2.C. Acceptance of Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) as Complete.

RECOMMENDATION:

Accept the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

Page 2 of 86 ends

City Council Agenda - May 31, 2022

2.D. Facility Use Policy
RECOMMENDATION:

Approve the Revised Facility Use Policy
Staff Report - Pdf

2.E. New Observance Request: National Therapy Animal Day RECOMMENDATION:

Approve the subcommittee's recommendation to recognize National Therapy Animal Day.

Staff Report - Pdf

2.F. Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-3 (Stage 1) Storm Drain Project
RECOMMENDATION:

Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District to design and construct the Norco MDP Line N-3 (Stage 1) Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

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

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

5. WORKSHOP CONTINUED

5.A. Continuation of the Preliminary Fiscal Year 2021-2022 Operating Budget and Draft Capital Improvement Program Budget for Fiscal Years 2021-2022.

RECOMMENDATION:

Provide feedback.

6. CITY COUNCIL / STAFF COMMUNICATIONS

Page 3 of 86 ends

City Council Agenda - May 31, 2022

7. 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.

Page 4 of 86 ends

City Council

STAFF REPORT
Date: May 31, 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:

Page 5 of 86 ends

City Council

STAFF REPORT
Date: May 31, 2022 Agenda Item:

2.B.

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

Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of May 18, 2022.

REVIEWED AND APPROVED BY:

Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Draft City Council - May 18 2022 - Minutes (1)

Page 6 of 86 ends

DRAFT MINUTES
City Council
Wednesday, May 18, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 3:30 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
BUDGET WORKSHOP 3:30 PM
Presentation of Preliminary Fiscal Year 2022-2023 Operating Budget.

City Manager Okoro and Finance Director Free presented the Fiscal Year 2022- 2023 Operating Budget, including the status of Fiscal Year 2021-2022 Operating Budget. They reviewed the key factors affecting Fiscal Year 2022-2023, the General Fund, the Water Fund, the Sewer Fund, the Gas Tax Fund, the NPDES Fund, and Miscellaneous Grants. City Manager Okoro and City Staff answered questions from the Mayor and City Council related to the presentation.

Mayor Newton called for public comments.

There were no public comments at this time.

Mayor Newton adjourned the Workshop at 4:51 p.m.

CLOSED SESSIONS

Mayor Newton adjourned to Closed Sessions at 5:00 p.m.
§54957(b) – Public Employee Recruitment
Title: City Manager
§54956.9 (d)(2) and 54956.9 (e)(4)(5) – Conference with Legal Counsel – Anticipated Litigation
Relating to Frontier Homes, LLC
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's 131-130-025 and 131-040-006

Page 7 of 86 ends

City Council Minutes - May 18, 2022
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
BUDGET WORKSHOP CONTINUED 6:00 PM
Continuance of Presentation of Preliminary Fiscal Year 2022-2023 Operating Budget.

Mayor Newton called the continued Budget Workshop back to order at 6:21 p.m.

City Manager Okoro and Finance Director Free answered questions from the Mayor and City Council related to the first session of the Workshop.

City Manager Okoro continued with Preliminary Fiscal Year 2022-2022 Operating Budget presentation by starting the Department Overviews. City Manager Okoro presented the Sheriffs Department Overview and answered Council Member Hoffman's questions. He then introduced Chief Veik to present the Fire Department Overview.

Fire Chief Veik presented the Fire Department Overview and answered questions from the Mayor and City Council.

City Manager Okoro presented the City Manager Department Overview and there were no questions.

City Clerk Roa presented the City Clerk Department Overview and there were no questions.

Communications Manager Newton presented the new Communications Department Overview and there were no questions.

City Manager Okoro presented the Economic Development and Human Resources Department Overview and also the Non-Departmental Budget. He answered questions from City Council.

Finance Director Free presented Fiscal and Support Services Department overview and there were no questions.

Planning Director Robles presented the Community Development Department Overview and there were no questions.

Mayor Newton closed the Budget Workshop at this time and continued it to Tuesday May 31, 2022.

Page 8 of 86 ends

City Council Minutes - May 18, 2022

PUBLIC SESSION
Mayor Newton called the Public Session to order at 7:08 p.m.

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper announced that Council Member Aleman recused herself as she had a conflict with one item. He also stated there were no reportable actions taken in Closed Sessions.

PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Pastor Samuela Tuihalamaka
Beacon Hill Assembly of God

PRESENTATIONS
Community Spirit Award:

The Community Spirit Award was postponed to a future date.

Proclamations:

Asian American and Pacific Islander Heritage Month
Council Member Aleman and the City Council presented the Asian American and Pacific Islander Heritage Month Proclamation to Jeff Shyu, BavornnanPortio and Cerin Takeuchi, community members who have contributed to the economic, cultural, spiritual, and/or political development of our City.

National Preservation Month
Mayor Newton presented the National Preservation Month Proclamation to Gary Evans, Carolyn Morse, and the Lake Narconian Club Members for their contributions to the preservation of Norco History.

Donation Presentation by Horseweek Committee
Tony Barreto from the Norco Horseweek Committee presented checks in the amounts of $8050 to City of Norco Animal Control , $2000 to the Norco Senior Center and $2000 for the Non-Profit Seniors and Pets.

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.

Page 9 of 86 ends

City Council Minutes - May 18, 2022

2. CONSENT CALENDAR
a) Approval of Consent Calendar.

Council Member Hoffman pulled Item H for Discussion.

M/S BASH/ALEMAN Approve the remainder of the Consent Calendar as presented. 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 Special and Regular Meeting Minutes Action: Approved the City Council Special Meeting Minutes of April 28, 2022 and Regular Meeting Minutes of May 4, 2022.

2.C. Approval and Adoption of the Annual Appropriations Limit for the Fiscal Year 2022-2023
Action: Adopted Resolution No. 2022-26, approving the annual appropriations limit for Fiscal Year 2022-2023.

2.D. Recap of Actions Taken by the Planning Commission at its Meeting Held on May 11, 2022
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on May 18, 2022.

2.E. Approval of Fiscal Year 2022-2023 Senate Bill 1 Project List

Page 10 of 86 ends

City Council Minutes - May 18, 2022
Action: Adopted Resolution No. 2022-27, approving the FY 2022-2023 list of potential projects to be funded by Road Maintenance and Rehabilitation Account revenues created by Senate Bill 1.

2.F. Cancel City Council Regular Meeting of June 1, 2022 and schedule City Council Special Meeting on May 31, 2022.

Action: Canceled City Council Regular Meeting of June 1, 2022 and schedule City Council Special Meeting on May 31, 2022.

2.G. Declaration of Assorted Obsolete City Assets as Surplus Property; and Approval to Dispose through Auction, Donation and Scrap
Action: Approved Resolution No. 2022-28, declaring assorted obsolete City assets as surplus property and authorized the City Manager to dispose them through auction, donation and scrap.

2.I. Fiscal Year 2021-2022 Third Quarter Budget-to-Actual Report Action: Received and Filed Fiscal Year 2021-2022 Third Quarter Budget-to-Actual Report.

3. ITEM(S) PULLED FROM CONSENT CALENDAR

2.H. Facility Use Policy

Mayor Newton continued this item per staff request.

M/S HOFFMAN/BASH continue item to future City Council Agenda. 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
Jim Pollard spoke regarding trails.

Page 11 of 86 ends

City Council Minutes - May 18, 2022
Robert Roth Pastor from Norco Seventh Day Adventist Church spoke regarding a water bill issue at the church.

5. DISCUSSION / ACTION ITEM(S)

5.A. Purchase of Real Property Located at 4095 and 4061 Sierra Avenue, Assessors Parcel Numbers (APNs) 131-130-025 and 131-040-006 and Appropriating $2.5 Million from the City's Affordable Housing Fund

City Manager Okoro presented report on the purchase of Real Property located at 4095 and 4061 Sierra Avenue. He also discussed legislation, housing options, 6 cycle housing element, and the conditions in the staff report.

Mayor Newton and Council Members Aleman and Bash had questions for staff.

City Manager Okoro and staff answered questions and discussed concerns.

Mayor Newton opened public comments.

Geoff Kahan spoke in support of this item and discussed that it was a great project to support Veterans.

Bonnie Slager asked questions regarding the number of homes, how they will be purchased or rented and discussed concerns with high density and maintaining animal keeping.

City Manager Okoro answered questions.

Carmen Acosta asked for Council to consider this property for more senior housing.

Mayor Newton closed public comments.

Council Member Hoffman discussed Homes For Families and recommended the community review their website for details.

Council Member Bash discussed the project, stated this will be a good project for the community and recommended to the community look at this developers previous projects.

Council Member Aleman discussed that the money used on this project cannot be spent any other way and this is a good first step to a great partnership.

Page 12 of 86 ends

City Council Minutes - May 18, 2022
Following discussion Mayor Newton made a motion.

M/S NEWTON/BASH to authorize the purchase of approximately five (5) acres of real property located at 4095 and 4061 Sierra Avenue in the City of Norco - APNs 131-130-025 and 131-140-006 for Veterans Affordable Housing Project.

Adopt Successor Agency Resolution No. 2022-02, to appropriate $2.5 million from the Successor Housing Entity's Affordable Housing Asset Fund to pay for the $2.45 million purchase price and other incidental expenses related to the transaction. Any monies not needed will remain in the Affordable Housing Asset Fund.

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. Amendments to City’s General Fee Schedule for Fiscal Year 2022-2023

Finance Director Free presented the General Fee Schedule for Fiscal Year 2022-2023.

Council Member Bash was concerned with fees for George Ingalls Satellite Parking for Silver Lakes.

Council Member Aleman discussed the use and fees for rental of park shelters and open space reservations at Pikes Peak and Neal Snipes.

Council Member Hoffman discussed his concerns of the 10 percent CPI increase on fees to the Community and its impact. He discussed that this item should have went to the Parks and Rec Commission and EDAC. He asked as to what the current fees are at surrounding cities and how Norco compares. He asked if we had reached out to the users of the facilities.

Mayor Newton discussed development fees and planning fees and how we compare historically to other cities. He asked what has changed to justify the 10 percent increase.

City Manager Okoro and Facilities Manager Hamilton answered questions and discussed concerns.

Mayor Newton opened public comment.

Page 13 of 86 ends

City Council Minutes - May 18, 2022

Bonnie Slager discussed the fees at Corydon staging going up to 89$ but only get to use half due to construction, feels the fees are not fair for what they are getting to use.

Mayor Newton closed public comment.

Council Member Hoffman discussed that this is not the right time for these increases and possibly using the American Rescue Plan to offset these fees.

Council Member Aleman discussed not increasing the fees on open spaces, park fees, and youth sports at this time.

Council Member Bash discussed that these fees should be discussed by the Park and Rec commission and EDAC. He discussed he is not in favor of the fees for Satellite Parking for Silverlakes and Gym cost increases.

Mayor Newton discussed he is not in support of the 10 percent increase in fees across the board.

City Manager Okoro addressed concerns and clarified the fees and impacts.

Council Member Hoffman made a motion to make no increases or nor more than 3 percent across the board.

Following discussion Council Member Hoffman rescinded his motion.

Following further discussion motion was made.

M/S HOFFMAN/NEWTON to make no increases at this time and return to Council at mid-year for further discussion. The Motion was carried by the following roll call vote:

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

5.C. Proclamation Presentations for National Holidays, Observances and Commemorative Days

Page 14 of 86 ends

City Council Minutes - May 18, 2022
Communications Manager Newton presented the report on the National Holidays, Observances and Commemorative Days for feedback from the City Council.

Mayor Newton stated that he has reviewed the process previously approved by Council and feels this should be left as is.

Motion was made.

M/S NEWTON/BASH to leave the process for presentations for National Holidays, Observances and Commemorative Days as is, no changes. The Motion was carried by the following roll call vote:

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

6. CITY COUNCIL / STAFF COMMUNICATIONS

City Clerk Roa reminded staff and the community of the
Committee/Commission/Advisory Council annual recruitment.

Council Member Hoffman discussed the Fire in Laguna, the close proximity of the homes, and high fire danger and asked staff to look at zoning and approval of housing in the future.

Council Member Bash discussed the End of Watch Memorial and asked the Mayor how the City should approach the next steps in oppositions to High Power Transmission Lines.

Mayor Newton thanked the Sherriff Sargent and Set Deputy for their work on the burglary issues on Norco Businesses. He asked Public Works Director Blais where are we at the north signalization.

Public Works Director Blais stated there has been no discussion since last meeting.

7. ADJOURNMENT
Mayor Newton adjourned the meeting at 9:08 p.m.

Page 15 of 86 ends

City Council Minutes - May 18, 2022

_________________________________
Dana Roa, CMC
City Clerk

Page 16 of 86 ends

City Council

STAFF REPORT
Date: May 31, 2022 Agenda Item:

2.C.

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

Acceptance of Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) as Complete.

RECOMMENDATION:

Accept the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) consisted of the installation of street improvements on Norconian Drive. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

BACKGROUND:

On January 19, 2022, City Council awarded a contract to Hardy & Harper, Inc. in the amount of $264,000 and authorized City Manager to approve contract change orders up to 10 percent of the total bid for the construction of the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive). The final contract amount paid to Hardy & Harper, Inc. was $290,399.99. The additional project costs were due to additional grading and asphalt berm quantities used to redirect runoff from private property onto Norco Drive. The City Manager approved the contract change order for the additional project costs.

Hardy & Harper, Inc. completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared. Staff is recommending that the City Council accept the work performed by Hardy & Harper, Inc. as complete and authorize the City Clerk to record the Notice of Completion with the County Recorder's Office.

Page 17 of 86 ends

FISCAL IMPACT:

There is no fiscal impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of Notice of Completion is 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):

Notice of Completion

Page 18 of 86 ends

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

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

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

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

NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND HARDY & HARPER, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 31ST DAY OF MAY, 2022.

THE WORK DONE: CONSISTED OF THE INSTALLATION OF STREET IMPROVEMENTS ON NORCONIAN DRIVE. (FIFTH STREET TO NORCO DRIVE), IN THE 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 JANUARY 19, 2022, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY HARDY & HARPER, INC. LOCATED IN LAKE FOREST, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED JANUARY 19, 2022, 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.

May 31, 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. 05/31/2022 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

Page 19 of 86 ends

City Council

STAFF REPORT
Date: May 31, 2022 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: City Council
SUBJECT:

Facility Use Policy
RECOMMENDATION:

Approve the Revised Facility Use Policy
SUMMARY:

The City of Norco Facility Use Policy serves to establish terms and guidelines and is intended to promote high quality experiences for all public use of City facilities, parks, athletic fields and event centers. The Facility Use Policy was last revised in 2010, therefore, Community Services and Facilities and Maintenance staff met to review, edit and revise the policy to reflect the current allowable use specific to each facility and align with the current needs of the community. Review and feedback was also received from the Parks and Recreation Commission. The Facility Use Policy was reviewed and approved by the City Attorney and Public Employer Risk Management Association, Inc. (PERMA).

BACKGROUND:

The City of Norco’s facilities, parks, athletic fields and event centers are available for use by organizations and the general public for cultural, social and recreational activities and programs. Facility usage for these purposes is coordinated by the Community Services and Facilities and Maintenance Departments. The Director of Community Services and the Director of Facilities and Maintenance or their designated representatives have the authority to grant use of City of Norco facilities to individuals or organizations according to the terms and conditions set forth in the Facility Use Policy.

The Facility Use Policy was designed to provide for the safe, efficient and equitable use of the facilities and outlines the regulations and procedures for their use. This policy also serves as a tool for the City to use in case of any challenges or issues and allows for permitted users to know exactly what is expected of them and their guests while on city property.

Page 20 of 86 ends

Staff periodically reviews the Facility Use Policy and provides input for revision or updating to ensure that the policy meets the changing needs of the community. On Wednesday, April 27, 2022 staff met to review the current Facility Use Policy. Staff read through the policy and agreed that the policy needed to be revised and organized in a format that makes it easier for members of the public to read and understand. Staff added a dress code portion to the policy, placed like items under the proper headings, deleted duplicate statements, divided specific rental regulations and provisions per facility, added facilities to the policy and changed items that can be applied to rentals beyond the general rental regulations and provisions.

The Parks and Recreation Commission was provided with a copy of the Facility Use Policy for review. No changes were recommended. The Facility Use Policy has been reviewed and approved by legal and PERMA. A copy of the proposed Facility Use Policy is attached for reference.

FISCAL IMPACT:

There is no financial impact to the General Fund.

RELATIONSHIP TO STRATEGIC PLAN:

The Facility Use Policy is consistent with Strategic Plan No. 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):

Proposed Policy

Page 21 of 86 ends

FACILITY USE POLICY

APPLICATION PROCEDURES
Priority for use of all City facilities shall be based upon the following guidelines, on a first come, first-served basis. All fees are subject to change and review as required.

Applicants must be 18 years of age or older, 21 or older if permit includes alcohol.

Norco City/Department sponsored activities and uses supersede all other group facility users.

The City anticipates that it may enter into an operation agreement with a private entity for the operation of any City facility or event center. While this rental agreement shall be binding on any private entity with regard to time of use, conditions related to the use, specifically as to fees related thereto may be modified.

A facility request is approved only when a permit has been issued and signed by the Department Director or designee. The City reserves the right to refuse facility use and/or equipment rental if the City does not consider the planned event appropriate.

All requests must be submitted at least 30 days prior to the event date. Requests for facilities are accepted in the following timeline:
a. Special Consideration Groups and those organizations/events as identified in Resolution No. 2010-59, for following or subsequent year b. All others: Within 12 months
Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

Any cancellation of a scheduled use date for all facilities must be submitted in writing 90 days prior to the rental date with the exception of the George Ingalls Equestrian Event Center which has a 6-month cancellation policy as noted on the specific George Ingalls Equestrian Event Center Arena Provisions and Regulations.

Requests shall not be approved for more occupancy than a facility can reasonably accommodate or as regulated by the City Fire Marshall.

Any request requiring specific permits outside of the Community Services Department (i.e. street closures – Public Works, Business License, Planning, Fire Permit – Fire Department, Tent and Bleachers) will have their request referred to the authorization department no later than 30 days prior to event with plans to complete an application.

All fees associated are the responsibility of the applicant.

Page 22 of 86 ends

General - Page 2 Permit Holder Initials______

INSURANCE REQUIREMENTS
The permit holder shall procure and maintain for the duration of the rental period insurance against claims for injuries to persons or damages to property which may arise from or in connection with the rental of the facilities and the activities of the permit holder, his guests, agents, representatives, employees, or subcontractors.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Certain permits will require limit adjustments as recommended by PERMA with added endorsements of primary and noncontributory with waiver of subrogation.

If the permit holder maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the permit holder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with verified endorsements on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the permit holder including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the permit holder’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Blanket policies may apply and be accepted. Certain permits may require limit adjustments as recommended by PERMA with added endorsements of primary and noncontributory.

Primary Coverage
For any claims related to this contract, the permit holder’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the permit holder’s insurance and shall not contribute with it.

Page 23 of 86 ends

General - Page 3 Permit Holder Initials______
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Permit holder hereby grants to City a waiver of any right to subrogation, which any insurer of said permit holder may acquire against the City by virtue of the payment of any loss under such insurance. Permit holder agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the entity has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Permit holder shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and/or a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City. All certificates and endorsements are to be received and approved by the City at least five days before permit holder commences activities.

Special Events Coverage
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Permit holder can obtain additional information and cost from City.

Special Risks or Circumstances
City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Liquor Liability
If permit holder will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage with required endorsements. If permit holder is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage and required endorsements. If permit holder intends to sell alcohol either the permit holder or vendor providing the alcohol for sale must have received permission from the Director with all required documentation to receive a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

Homeowners Insurance
In some cases, the permit holder’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Permit holder should provide these requirements to his or her agent to confirm and provide verification to the City.

Page 24 of 86 ends

General - Page 4 Permit Holder Initials______

COMPLIANCE WITH ALL APPLICABLE LAW, RULES, & REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. The City reserves the right to immediately revoke the permit holders right to use of the facility should the permit holder fail to comply with any provision of this section.

FACILITY USE FEES
All rental fees are determined and set forth by Norco City Council resolution. All rental fees are due and payable no later than 60 days prior to the scheduled event unless approved by the Director. A service charge as stated in the Fee Schedule will be assessed on all returned checks. No fees are pro-rated. All fees are subject to change. Long-term recurring rentals must pay 2 months in advance followed by monthly payments as identified in executed permit.

Deposits and insurance are due at time of application approval, unless approved by the Director. All deposits are refundable if the facility is returned in like condition as originally leased. Monies may be deducted from deposits if the facility is damaged or requires cleaning over and above the normal use patterns. If the user fails to vacate the premises within the rental contract timeline, additional deposit fees may be retained.

Deposits will be returned within 30 days following the rental date.

A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per application, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees.

Cancellations for any City facility after the cancellation date will result in the forfeiture of all deposits, application fees, infrastructure fees and booking fees.

All facilities deposits and fees shall be forfeited if cancellation is not made at least six months prior to the reserved date. Deposits will be refunded if City is able to rebook facility.

A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

Page 25 of 86 ends

General - Page 5 Permit Holder Initials______
Escalation of Fees: Annually, by public hearing subject to City Council action, all fees charged for facilities and services will be adjusted based on an annual public hearing by the Norco City Council approved rate or by a rate which directly corresponds with the Consumer Price Index All Urban Consumers Los Angeles, Riverside, Orange County.

Rentals made prior to July 1 for dates after July 1 will be charged at the current rate plus the CPI increase unless the contract is already paid in full.

Definition of Fully Burdened: The “fully burdened” hourly rate applicable to each staff person is derived from computing the hourly work rate (annual salary/available work hours), fringe benefit percentage, overhead rates for the department, and percentage of operating expenses, building occupancy charges and fixed assets applicable.

DISCLAIMER
Reduced/Waived Fees: Community events and organizations with long histories and substantial widespread Community involvement which have been noted as Special Consideration Groups by Resolution of the Norco City Council, will continue to be subsidized with reduced or waived fees as outlined in their individual lease agreements or permits. Should the original organization relinquish the event to another community organization, the event fees will be at full rental costs. Residents and local businesses will be entitled to a discount on Nellie Weaver Hall facility rental fees only (not including application, security, equipment rental, contractor fees, cleaning and booking fees) at 25% off for residents and 10% off for businesses with valid picture I.D. which provides a current Norco address and/or business license. This discount is for residents and local businesses only and specifically prohibits any subletting or facility shared use.

All other organizations and events will be charged full fees based on the fee policy and fee schedule.

Multi use Days: At the George Ingalls Equestrian Event Center all Rates are based on a one-day use but multiple consecutive day rates are available. A package can be customized based on the current facility use policy and fee schedule. Please call for multiple day use information.

Page 26 of 86 ends

General - Page 6 Permit Holder Initials______

GENERAL RENTAL REGULATIONS/PROVISIONS
The following General Provisions apply to any rental of a city facility and event center and are intended to be adhered to in addition to the specific rental area.

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. No smoke or fog machines allowed, nor entertainment involving fire or flame.

5. No Jumpers, pony rides, contractors, vendors, rental equipment or entertainment allowed without city permission and required insurance with required endorsements.

6. Applicant is responsible for keeping all guests/participants in the rented area only. Guests/participants are not allowed in non-rented areas.

7. No weapons or illegal activities, use of profane language or improper conduct is not permitted.

8. Applicant is responsible for the actions of all individuals present at events.

9. Security service as approved by the City will be required for those activities having music and/or alcoholic beverages unless waived by the Director. Staff will determine time and numbers of security per event. No music or alcohol may be served without the presence of security guards for the duration of the event.

10.Applicant must use the City assigned security where applicable. Additional charges for the security will be added to the rental fee.

11.Alcoholic beverages, if allowed, must remain inside the building or designated area as approved by the Alcoholic Beverage Control Board (ABC). The sale of alcohol must be approved by the City of Norco. The required forms must be submitted within 30 days prior to the event for approval by the Director, Riverside County Sheriff and the California Department of Alcohol Beverage Control.

12.The City is not responsible for lost, stolen, or damaged articles.

Page 27 of 86 ends

General - Page 7 Permit Holder Initials______

13.Should the fire alarm be set off, ALL attendees must vacate the premises immediately for safety precaution, allowing staff to determine the nature of the alarm.

14.The City of Norco reserves the right of full access to all activities at any time in order to ensure that all rules and regulations, City ordinances, and state laws are being observed.

15.All facility users and guest must obey instructions of the City employee(s) and or security on duty.

16.Applicant assumes all liability for damages and destruction to, or theft of City property, including but not limited to graffiti, plumbing damage or services, broken windows, etc. related to the event.

17.Any and all accidents occurring in the City facility that cause injury to any individual must be reported immediately to the City staff member on duty.

18.The facility will not be opened or available prior to the time on the rental agreement. If additional time is needed, arrangements and additional fees must be paid through the Community Services Department.

19.If patrons are unable or do not comply with “end” time on permit, additional applicable fees will be charged.

20.Rental contract may not be transferred, assigned or sublet. Any violation to this term will result in a forfeit of all fees.

21.Permit holder will remove all equipment, supplies and decorations brought in by the group immediately following the activity, or as arranged and approved by the Director. Any equipment remaining will become the property of the City of Norco.

The City reserves the right to dispose of any items at the expense of the permit holder/owner. If supplies and decorations remain after the conclusion of the rental the permit holder will incur additional cleaning fees to dispose or remove items.

22.All trash and debris to be picked up and disposed of properly. All trash, paper, sanitary products, etc. in restrooms must be placed in trash receptacles.

Chewing gum must be removed from all surfaces.

23.Smoking/vaping is prohibited in all areas of all public parks. In the case of the George Ingalls Equestrian Event Center, smoking is prohibited in the bleachers, and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

Page 28 of 86 ends

General - Page 8 Permit Holder Initials______

24.No person shall occupy and/or install and maintain a structure of any type or for any purpose in any park, public facility or right-of-way without first having obtained a permit pursuant to Norco Municipal Code Chapter 5.16 (solicitor, sidewalk and roadside vending), Chapter 9.28.020.030 (meetings and assemblages), or 12.08.021 (sidewalks/right of way encroachment), as applicable.

DRESS CODE
The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:

The [RENTER] reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other gang/crew apparel.

ACTIVITY RESTRICTIONS/ALCOHOL
Serving of alcoholic beverages is permitted only in Nellie Weaver Hall or other City facilities with the approval of the Director or his Designee.

Sale of alcoholic beverages must have Department approval as well as a current Alcoholic Beverage Control Board License (ABC). Groups wishing to sell alcoholic beverages as part of their activity will be required to do the following:

1. Obtain approval from the Director through a letter verifying the date, place, and intended activity. It is the responsibility of the permit holder to obtain the appropriate license and insurance. No alcoholic beverages will be allowed to be brought in by individual guests/patrons. Alcoholic beverages must remain in the permitted area. The required forms must be submitted within 30 days prior to the event for approval by the Director, Riverside County Sheriff and the California Department of Alcohol Beverage Control.

Note: Alcohol availability not authorized through the rental agreement will result in termination of the event. Any costs associated with the termination of the event will be charged to the permit holder. If necessary, all fees and deposits will be forfeited.

2. Underage drinking violates California law and will result in the immediate termination of the rental.

3. ABC permits must be posted during the event in the area where the alcohol is being sold.

4. Alcoholic beverages may not be taken from the building or designated area.

5. Non-compliance with the rules, regulations or provisions noted in the City of Norco Facility Use Policy will result in cancellation of said activity/activities and forfeiture of all fees.

Page 29 of 86 ends

General - Page 9 Permit Holder Initials______

FACILITY HOURS OF OPERATION
Gymnasium 7 a.m. – 11 p.m. Daily
Ballfields 7 a.m. – 11 p.m. Daily
Meeting Rooms 7 a.m. – 10 p.m. Sunday -Thursday
7 a.m. - 12 a.m. Friday - Saturday
Senior Center 3 p.m. – 10 p.m. Monday, Wednesday
and Thursday
4 p.m. – 10 p.m. Tuesday
1 p.m. – 10 p.m. Friday *
7 a.m. – 10 p.m. Saturday
* (Second and fourth Friday of each
month not available)
Weaver Hall (2-hour minimum) 7 a.m. – 11 p.m. Sunday – Thursday (4-hour minimum) 7 a.m. – 12 a.m. Friday
(6-hour minimum) 7 a.m. – 12 a.m. Saturday
Sports Fields 7 a.m. – 11 p.m. Daily
Picnic Shelters 7 a.m. – Dusk
(Must be occupied no later than 10 a.m. Facilities are rented “as is”.) The curfew conditions are subject to adjustment for contractual agreements made between the City of Norco and contracted users or as the Director sees appropriate.

Requested application time includes set up and removal of equipment. Note: Hours of use may be extended with approval of the Director.

LIABILITY OF APPLICANT AND RESTRICTIONS
Individuals submitting a rental request and signing the rental agreement must be present at all times during the rental event unless the Director or his Designee determines otherwise. The applicant assumes all responsibility for the conduct of all participants at the scheduled rental. Individuals renting a facility may not transfer the rental date/facility to another person or organization.

A permit holder may not contract or sublet any portion of the rented facility for services not directly related to the objective of the rental, without written permission from the Director. Applicants must provide one form of ID (picture) at time of rental and upon entering the rented facility. Norco residents and local businesses applying for facility use must provide a valid picture I.D. as proof of Norco residency and/or business license.

Page 30 of 86 ends

General - Page 10 Permit Holder Initials______

DISCLAIMER
Questions or modifications concerning policy and fees must be addressed in writing to the Director of Community Services. The City Manager and the Community Services Director and Facilities and Maintenance Director reserve the right to adjust fees or policy based on the event or activity for the good of the community and to the best interest of the City.

Page 31 of 86 ends

GIEEC - Page 1 Permit Holder Initials______

GEORGE INGALLS EQUESTRIAN EVENT CENTER

ARENA PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. No overnight parking is allowed without permission and a fee may apply.

6. No overnight camping is allowed without permission and a charge will apply.

Overnight security is required when vendors or campers are on the grounds and an additional fee may apply.

7. All food and beverage sales must be approved by the Director or their designee.

Alcohol must be approved by Director. No food will be served out of any entry/sound booth.

8. All vendors must have current City business license, County of Riverside Health Department Permit (food vendors) and resale or sellers permit or exempt status filing from the California Department of Tax and Fee Administration. A vendor fee will be charged for three or more vendors. All Vendors must meet current insurance requirements and list the City of Norco as additional insured with required endorsements.

9. Alcohol consumption is not permitted at any arena or grounds unless authorized.

If alcohol is being served/sold, it must remain on the covered arena level in areas designated by the City or ABC.

10.All horses that stay overnight must be put in a stall or as approved by the City of Norco. City must receive stall request no later than 3 weeks prior to event.

11.City will make arrangements for stall rentals at an additional fee.

12.All stalls are to be cleaned and manure disposed of properly or cleaning fee will be charged.

Page 32 of 86 ends

GIEEC - Page 2 Permit Holder Initials______

13.A barn/stall attendant must be present at all times of stall usage, including overnight use. No overnight tie-ups to trailers or personal portable stalls are allowed.

14.Restroom/showers are available for an additional fee.

15.All manure must be picked up at arena grounds and trailer parking and disposed of properly.

16.All equine events must follow City bio security policy.

17.A light charge will apply if arena lights are requested and or deemed necessary by staff for the safety of patron or to recover cost associated for use.

18.Applicant is responsible for keeping all guests/participants in rented areas only.

Guests/participants, horses, horse trailers, dogs, etc., are not allowed in nonrented areas.

19.Animals to be secured in marked designated areas. All dogs must be on a leash according to City Municipal Code 6.12.130

20.An overtime hourly fee (time and a half or double time) for staff shall be charged if the activity continues beyond, or exceeds, the nine-hour rental.

21.The City of Norco will not allow the use of any type of electrical device on any animal at any time. Exception: or as approved and monitored by Animal Control at cost of user.

Hours of Operation:

Arenas 7 a.m. – 10 p.m. Monday –Thursday
6 a.m. – 12 a.m. Friday – Saturday
6 a.m. – 10 p.m. Sunday
Rental of any arena begins at the time of the arena gate opening for the event.

The curfew conditions are subject to adjustment for the contractual agreements as the Director sees appropriate.

Failure to comply with any and all of the aforementioned items or misuse of any facilities, equipment, supplies or disorderliness may result in the user:
a. Being required to vacate the premises immediately
b. Being prohibited from using the building or facility in the future c. Being billed for any or all direct charges resulting from failure to comply The permit holder, at their own expense, must provide additional restroom facilities for large activities.

Page 33 of 86 ends

GIEEC - Page 3 Permit Holder Initials______

BLEACHER FEES
Bleachers will be made available to all users of George Ingalls Equestrian Event Center.

Users will only be charged for the seats reserved. If more seats are needed than were requested, the Department will bill the responsible party for the difference.

For partial use of the bleacher structure, staff will determine the number of bleachers used and the group will be charged appropriately.

Bleacher fees will apply if admission is charged for event including pre-sale tickets.

Arena bleachers must be rented before any other bleachers are allowed on the facility.

Page 34 of 86 ends

Public Buildings - Page 1 Permit Holder Initials______

PUBLIC BUILDINGS PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. No decorations may be affixed to light fixtures. Decorations may be attached to the tables and walls by painters’ tape or command strips only. No staples, nails or tacks may be used. Weighted helium balloons are also allowed. Decorations must be removed prior to vacating the premises. No table candles allowed inside public buildings, unless they are flameless.

6. Groups must appear no later than 30 minutes after the specified time on the permit or use of the facility will be cancelled and all fees forfeited.

7. Failure to vacate rented City facilities when scheduled or failure to remove equipment within the permitted time may result in loss of future usage, privileges and accrual of charges.

8. Staff will determine if the noise level from patrons, public address systems, band/DJ or other is excessive. If an order to reduce the noise level is not obeyed, the rental event will be terminated, law enforcement summoned to secure the facility and all fees and deposits forfeited.

9. The Department provides a staff member that will be on site for the duration of the rental. Staff will assist the permit holder with all items associated with the building: lighting, supplies, temperature control, removing tables and chairs from storage, emptying the trash and restrooms, etc. The staff member is empowered to terminate the rental and/or contact the authorities if any misuses of facilities, violation of the terms of the rental agreement or other infractions occur.

10.The on-site staff member will conduct a pre-event walk through (facility inspection) to show the permit holder the facility amenities and to discuss any issues. Any existing property damage will be noted at that time. There will be a post-event walk through at the conclusion of the event. Any additional cleaning or new damage will be noted at this time. A checklist will be provided for the inspection. Note: This is the right of the facility permit holder. If the walk through

Page 35 of 86 ends

Public Buildings - Page 2 Permit Holder Initials______
does not occur, the permit holder waives the right to dispute any decision made by the Director.

11.Each facility comes with a predetermined number of tables and chairs. If additional equipment is desired, it can be brought in at the permit holder’s expense, and all additional equipment must be removed from the premises directly after the event within an agreed reasonable time.

12.The kitchen portion of the facility, if so equipped, shall not be opened for any group unless the Director or designee grants permission, and the appropriate fees are paid. All groups receiving permission and using kitchen facilities must leave the kitchen in a clean and orderly manner. Groups shall provide their own dishes, place settings, cooking utensils, towels, soap, etc.

Page 36 of 86 ends

Parks - Page 3 Permit Holder Initials______
Parks Provisions/Regulations

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. No stakes are to be driven into turf areas unless authorized.

6. Vehicles are not permitted on turf areas of parks unless authorized by a special permit.

7. Alcohol consumption is not permitted in public parks unless authorized.

9. No fire pits are allowed. BBQs are available in designated areas and are “as is”.

Propane BBQ grills are permitted.

10.Smoking is prohibited in all areas of all public parks and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

11.A light charge will apply if ballfield lights are requested and or deemed necessary by staff for the safety of patrons.

12.Staples are not approved for hanging of decorations in picnic shelters. All remnants of decorations must be taken down and removed from premises or properly disposed of in waste receptacles.

Page 37 of 86 ends

Wayne Makin/Shearer - Page 1 Permit Holder Initials______

WAYNE MAKIN/SHEARER SPORTS COMPLEX POLICY

PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. Use is by permit only. No third-party rentals will be allowed.

6. No stakes are to be driven into turf areas.

7. Vehicles are not permitted on turf areas of parks unless authorized by a special permit.

8. No vendors are permitted in park without prior authorization.

9. No open flames permitted.

10.All damages to facility will be the responsibility of the permit holder.

11.All special events must be pre-approved.

12.A light charge will apply if ballfield lights are requested and or deemed necessary by staff for the safety of patrons.

13.Smoking is prohibited in all areas of all public parks and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

Page 38 of 86 ends

Sr Center - Page 1 Permit Holder Initials______
ROSE M. ELDRIDGE SENIOR CENTER POLICY PROVISIONS/REGULATIONS Facility Rental Hours of Operation:

Monday, Wednesday and Thursday 3pm to 10pm
Tuesday 4pm to 10pm
Friday* 1pm to 10pm
Saturday and Sunday 7am to 10pm
* (Second and fourth Friday of each month not available)

RESERVATION GUIDELINES

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. The permit holder of 18 years of age or older, is responsible for reservation(s) listed on this application and for the conduct of all attendees. No third-party rentals will be allowed.

6. The permit holder designee of 18 years of age or older is to be present during the time of reservation(s)

7. All outside equipment must be approved by the Director prior to the reservation date. Equipment includes but is not limited to: fog machines, dance floors, lights, etc.

8. Overnight storage is not allowed at the Rose M. Eldridge Senior Center.

9. Reservations are NOT confirmed until applicant has received an official Facility Permit and applicant shall not advertise use of the facility until authorization is received.

10.The City has priority on the facility and approval of reservation is subject to cancellation. The City of Norco reserves the right to cancel any reservation.

Page 39 of 86 ends

Sr Center - Page 2 Permit Holder Initials______

11.Hours requested should include all time needed for set-up, including the delivery of supplies, caterers, band. etc. Closing time must include all necessary time to clean up and remove all supplies and equipment.

12.Read and initial the City of Norco/Department rules and policies.

REQUIREMENTS AND PAYMENT INFORMATION

1. Security during the event may be required as deemed necessary by the City, at the full expense of the applicant.

2. A Damage Deposit is required and is refundable if there is no damage to the facility or equipment. If additional staff or service costs are incurred, these costs will be deducted from the Damage Deposit. If the costs exceed the amount of the deposit, then applicant will be billed accordingly. The Damage Deposit refund will be issued to the name and address listed on the original application.

Please allow 4 - 6 weeks for the refund to be received in the mail.

3. A Damage Deposit will be required to hold all reservations. The Damage Deposit shall be due with the Facility Reservation Application at the time of booking.

4. Any time changes to the reservation must be made (1) month prior to the reservation date. All required fees must be paid in full at least one (1) month prior to the reservation date. If reservations are booked less than one (1) month in advance, all required fees are due in full at the time of booking. Reservations will be forfeited if all fees are not received by the given deadline.

5. A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per permit, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees

6. Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

7. Cancellations for any City facility after the cancellation date will result in the forfeiture of all deposits, application fees, infrastructure fees and booking fees.

8. All facilities deposits and fees shall be forfeited if cancellation is not made at least 15 day prior to the reserved date.

9. A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

10.No entertainment involving fire or flames

Page 40 of 86 ends

Sr Center - Page 3 Permit Holder Initials______

11.Alcohol consumption is not permitted at the senior center, unless approved by the Director.

12. Kitchen area may be rented for additional fee(s).

SET UP PRIOR TO THE EVENT

1. Staff will open the site at the pre-approved time indicated on the Facility Permit.

Applicant or guests will not be allowed onto the sight prior to that time.

2. The applicant is responsible for a "pre-walk through" of the facility with the staff person on duty, upon arrival at the site. The same individual is responsible for a "post-walk through" of the facility with staff prior to departure.

3. Tables and chairs are included in the rental fee and subject to availability. If additional tables and chairs are needed, the cost associated will be the responsibility of the applicant. Total capacity may not exceed the maximum capacity as determined by the Fire Marshall.

4. All decorations and/or visual aids must be free-standing and may not be nailed, stapled, taped, tacked or in any way adhered to the walls, ceilings or fixtures unless command strips or painters’ tape is utilized.

RESPONSIBILITIES DURING THE EVENT

1. Applicant is required to be present the entire rented time stated on the City of Norco Facility Permit.

2. Youth groups will only be allowed to use the facilities with adequate adult supervision. Reservations will be terminated if supervision is deemed by staff to be inadequate.

3. Alcoholic beverages are not permitted on Senior Center grounds, including buildings, garden and parking lots, unless approved by the Director. Additional conditions and fees will apply.

4. Security service as approved by the City will be required for those activities having music and/or alcoholic beverages unless waived by the Director. Staff will determine time and numbers of security per event. No music or alcohol may be served without the presence of security guards for the duration of the event.

5. Smoking is prohibited in all buildings, senior garden and enclosed areas. State law also prohibits smoking within 20 feet of any door, window, or air intake of any public building.

Page 41 of 86 ends

Sr Center - Page 4 Permit Holder Initials______

6. The maximum number of participants allowed in the facility must be strictly adhered to. The staff on duty will limit additional attendance into the event once that maximum number is reached.

7. The City reserves the right to cancel a function at any time if the participants involved in the function are not conducting themselves in an appropriate and lawful manner and/or damaging any City equipment or property. The applicant is responsible for assisting with supervision and for the actions of those in attendance.

8. Kitchen is designated for food warming only (food warmers) and serving.

9. If applicant is using the kitchen in any manner, they must provide their own supplies.

10.Open flames are not permitted with the exception of approved warming devices.

11. All trash generated in the garden rental must be removed from the garden area.

12. Vehicles are not allowed in the garden area.

CLEAN UP AFTER THE EVENT

1. Facility must be left in the same condition that is presented to the applicant prior to the event.

2. Storage of personal property will not be allowed at the Senior Center.

3. Applicant is responsible to remove all decorations and personal property at the end of the event.

4. All items brought into the facility by the rental applicant and their guests must completely vacate the premises by the pre-approved closing time (not to exceed 10:00 pm) as stated on the Facility Permit.

5. Applicants not vacated by their approved closing time will be charged additional fees.

Page 42 of 86 ends

NWH - Page 1 Permit Holder Initials______

GEORGE INGALLS EQUESTRIAN EVENT CENTER NELLIE WEAVER HALL

PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. Use is by permit only.

5. No entertainment involving fire or flames.

6. Sterno (canned heat) is allowed during banquet serving.

7. No decorations may be affixed to light fixtures. Decorations may be attached to the tables and walls by painters’ tape or command strips only. No staples, nails or tacks may be used. Weighted helium balloons are also allowed. Decorations must be removed prior to vacating the premises. No table candles allowed inside public buildings, unless they are flameless.

8. All vendors must have current City business license and County of Riverside Health Department Permit (food vendors).

9. Alcohol consumption is not permitted at Nellie Weaver Hall unless authorized. If alcohol is being served/sold, it must remain inside the building or designated area as approved by the Alcoholic Beverage Control Board and the Director.

10.All groups will use the City assigned contracted security unless otherwise approved by the Director.

11.An overtime hourly fee (time and a half or double time) for staff and security shall be charged where applicable if permitted by Director.

12.No cooking appliances with the exception of beverage units. No hot food or food preparation will be allowed at the Bar Area.

13.It is the responsibility of the applicant to setup tables and chairs for their event.

Setup of tables and chairs by Staff may be requested for an additional fee. It is not required for applicants who pay a cleaning fee to put tables and chairs away.

Page 43 of 86 ends

NWH - Page 2 Permit Holder Initials______

14.Kitchen area may be rented for additional fee(s).

Cleaning fees will be charged for all groups who rent Nellie Weaver Hall, Kitchen area and Exterior Rest Rooms. Self-cleaning of the facility must be approved by the Director or designee. Additional fees will apply if over the normal cleaning is required.

Page 44 of 86 ends

Riley Gym – Page 1
Riley Gymnasium Provisions/Regulations
Facility Rental Hours of Operation: 7 a.m. – 11 p.m. Daily

RESERVATION GUIDELINES

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

4. No food or drinks are permitted. Water only.

5. Code of Conduct will be adhered to by all attendees.

6. The permit holder of 18 years of age or older, is responsible for reservation(s) listed on this application and for the conduct of all attendees. No third-party rentals will be allowed.

7. The permit holder designee of 18 years of age or older is to be present during the time of reservation(s)

8. Permanent score clocks/tables will be operated by City Staff at the cost to the permit holder, unless authorized. Permit holder is not allowed to pay staff directly for this service.

9. Portable score clocks to be ran by permitee are available for an additional fee.

10.All outside equipment must be approved by the Community Services Department prior to the reservation date. Equipment includes but is not limited to: fog machines, dance floors, lights, etc.

11.Overnight storage is not allowed at Riley Gymnasium.

12.Reservations are NOT confirmed until applicant has received an official executed Facility Permit and applicant shall not advertise use of the facility until authorization is received.

13.The City has priority on the facility and approval of reservation is subject to cancellation. The City of Norco reserves the right to cancel any reservation.

Page 45 of 86 ends

Permit Holder Initials______
Riley Gym – Page 2

14.Hours requested on permit shall include all time needed for set-up and clean up.

15.A Damage Deposit will be required to hold all reservations. The Damage Deposit shall be due at the time of booking.

16.A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per permit, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees

17.Reservations will be forfeited if all fees are not received by the given deadline

18.Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

19.All facilities deposits and fees shall be forfeited if cancellation is not made at least 15 day prior to the reserved date.

20.A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

21.No entertainment involving fire or flames.

22.Alcohol consumption is not permitted at Riley Gymnasium, unless approved by Director.

SET UP PRIOR TO THE RENTAL

1. Staff will open the site at the pre-approved time indicated on the Facility Permit.

Applicant or guests will not be allowed onto the sight prior to that time.

3. Total capacity may not exceed the maximum capacity as determined by the Fire Marshall.

4. Where applicable, all decorations and/or visual aids must be free-standing and may not be nailed, stapled, taped, tacked or in any way adhered to the walls, ceilings or fixtures unless command strips or painters’ tape is utilized.

Page 46 of 86 ends

Permit Holder Initials______
Riley Gym – Page 2

RESPONSIBILITIES DURING THE RENTAL

1. Applicant is required to be present the entire rented time stated on the City of Norco Facility Permit.

2. Youth groups will only be allowed to use the facilities with adequate adult supervision. Reservations will be terminated if supervision is deemed by staff to be inadequate.

3. Alcoholic beverages are not permitted, unless approved by Director.

4. Smoking is prohibited in all buildings. State law also prohibits smoking within 20 feet of any door, window, or air intake of any public building.

5. The maximum number of participants allowed in the facility must be strictly adhered to. The staff on duty will limit additional attendance into the event once that maximum number is reached.

6. The City reserves the right to cancel a function at any time if the participants involved in the function are not conducting themselves in an appropriate and lawful manner and/or damaging any City equipment or property. The applicant is responsible for assisting with supervision and for the actions of those in attendance.

7. Open flames are not permitted.

CLEAN UP AFTER THE EVENT

1. Facility must be left in the same condition that is presented to the applicant prior to the event.

2. Storage of personal property will not be allowed at Riley Gymnasium.

3. Applicant is responsible to remove all decorations and personal property at the end of the rental.

4. All items brought into the facility by the rental applicant and their guests must completely vacate the premises by the pre-approved closing time (not to exceed 11:00 pm) as stated on the Facility Permit.

5. Applicants not vacated by their approved closing time will be charged additional fees.

Page 47 of 86 ends

Permit Holder Initials______
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in City of Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS (insert name of sports organization) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,

FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP

SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: __________________________________________________ Emergency Contact Information:

Name: ______________________________ ___________________________________ First Last
Address: _______________________ _______________________ ______________ Street City Zip Code

Home Number: (______) _____________ Cell Number: (______) ____________________ Relationship: ___________________________________

Page 48 of 86 ends

City Council

STAFF REPORT
Date: May 31, 2022 Agenda Item:

2.E.

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

New Observance Request: National Therapy Animal Day
RECOMMENDATION:

Approve the subcommittee's recommendation to recognize National Therapy Animal Day.

SUMMARY:

A resident has requested that the City of Norco proclaim April 30 as National Therapy Animal Day. 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 and instructed staff to present new observance requests for consideration at the second meeting of the month.
• 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
New Observance Request
A resident has requested that the City of Norco proclaim April 30 as National Therapy Animal Day (Exhibit C). This observance is not on the approved lists of observances, therefore, it requires subcommittee review and City Council consideration.

Subcommittee Recommendation

Page 49 of 86 ends

The City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, recommends that National Therapy Animal Day 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

Page 50 of 86 ends

ATTACHMENT(S):

Exhibit A
Exhibit B
Exhibit C

Page 51 of 86 ends

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

Page 52 of 86 ends

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

Page 53 of 86 ends

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
Day of the Child Varies 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
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March

Page 54 of 86 ends

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Wild Fire Awareness Month Month X X X
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

Page 55 of 86 ends

From: Cynthia Vazquez <[email protected]>
Date: April 27, 2022 at 11:26:08 AM PDT
To: Greg Newton <[email protected]>
Subject: [EXT] Proclamation Request - National Therapy Animal Day Mayor Greg Newton,
I’m writing today to introduce myself as one of your constituents and ask that you support a proclamation deeming April 30 "National Therapy Animal Day." There is a growing body of research that demonstrates the wide variety of ways in which therapy animals can make a difference in our lives. They improve mental wellness by decreasing fear, anxiety, loneliness, and isolation. They also influence our physical health, lowering perceived levels of pain, shortening recovery times, and even influencing those who are ill to have a more positive outlook about their future.

I know therapy animals have positively impacted our community. For me, 1.

It would be wonderful if you could honor these therapy animals by supporting a proclamation celebrating April 30 as "National Therapy Animal Day" in our community. I have provided some model language below. Please do not hesitate to contact me with any questions.

Thank you,
Cynthia Vazquez
Norco, CA
Email Address: [email protected]
Phone Number: 909-215-5388

MODEL PROCLAMATION
There are thousands of Pet Partners therapy animal teams serving in communities across the United States; and
WHEREAS, Pet Partners has designated April 30 as National Therapy Animal Day; and
WHEREAS, Pet Partners therapy animal teams in the Town of Norco play an essential role in improving human health and well-being through the human animal bond; and
WHEREAS, Pet Partners therapy animal teams make millions of visits per year in settings such as hospitals, nursing homes, schools and hospice; and WHEREAS, Pet Partners therapy animal teams interact with a variety of people in our community including veterans, seniors, patients, students facing literacy challenges, and those approaching end of life; and
WHEREAS, these exceptional therapy animals who partner with their human EXHIBIT "C"

Page 56 of 86 ends

companions bring comfort and healing to those in need.

NOW, THEREFORE, I, ____________, Mayor of the Town of Norco, do hereby proclaim April 30, 2022, as:
“National Therapy Animal Day”
in the Town of Norco, and encourage our citizens to celebrate our therapy animals and their human handlers. Further, I publicly salute the service of therapy animal teams in our community and in communities across the nation.

PROCLAIMED AND APPROVED this 30th day of April, 2022.

Page 57 of 86 ends

City Council

STAFF REPORT
Date: May 31, 2022 Agenda Item:

2.F.

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

Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-3 (Stage 1) Storm Drain Project
RECOMMENDATION:

SUMMARY:

BACKGROUND:

The City of Norco is currently preparing plans and specifications for the construction of the Norco MDP Line N-3 (Stage 1) Storm Drain Project located on Fifth Street between Sierra Avenue and Valley View Avenue (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facility (See Cooperative Funding Agreement). The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.

RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design and contract bid price, ten percent (10%) for administration of the design, one hundred

Page 58 of 86 ends

percent (100%) of costs associated with property acquisition, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not to exceed contribution amount of $1,842,040.

Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management.

FISCAL IMPACT:

The Norco MDP Line N-3 Project was approved as a Capital Improvement Project (CIP) for FY 2020-2021. Funds in the amount of $1,450,000 ($1,400,000 for construction and $50,000 for design costs – project number 4214.25; 129.935.43180 & 129.935.43180.30) have been budgeted for the project. Due to unforeseen potential costs related to utility relocations the not-to-exceed Cooperative Funding Agreement amount has been increased to $1,842,040 which exceeds the CIP budgeted amount. The project budget will be amended as part of the FY 2022-2023 budget process to correspond with the Cooperative Funding Agreement not-to-exceed amount. Please note that no additional funds beyond design expenditures will be expended in this fiscal year as construction will not begin until FY 2022-2023.

RELATIONSHIP TO STRATEGIC PLAN:

Execution of the Cooperative Funding Agreement for the Norco MDP Line N-3 (Stage 1) Project is 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):

Project Exhibit
Cooperative Funding Agreement

Page 59 of 86 ends

Page 60 of 86 ends

243406
- 1 -

COOPERATIVE FUNDING AGREEMENT
Norco MDP Line N-3, Stage 1
Project No. 2-0-00086
MS 200
This Cooperative Funding Agreement ("Agreement"), dated as of ___________________, 2022, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City of Norco, a California municipal corporation, ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereto agree as follows:

RECITALS
A. DISTRICT and CITY wish to work collaboratively to expedite the construction of Norco MDP Line N-3, Stage 1 ("STAGE 1"), as identified in DISTRICT's Norco Master Drainage Plan ("MDP"), to provide the necessary flood control and drainage improvements for the immediate adjacent areas within the city of Norco; and B. STAGE 1, as shown on District Drawing No. 2-0491 and as shown in concept in magenta on Exhibit "A", attached hereto and made a part hereof, includes the construction of approximately 2,100 lineal feet of underground storm drain system.

STAGE 1 is to be constructed within 5th Street. At its downstream terminus, STAGE 1 will connect to DISTRICT's existing North Norco Channel, Stage 9; and C. The portions of STAGE 1 that are greater than 36" in diameter are hereinafter called "DISTRICT FACILITIES"; and
D. In addition to the construction of DISTRICT FACILITIES, certain catch basins, inlets, connector pipes and storm drains that are thirty-six inches (36") or less in diameter will need to be constructed within CITY rights of way ("APPURTENANCES"); and
E. DISTRICT FACILITIES and APPURTENANCES are hereinafter

Page 61 of 86 ends

243406
- 2 -
together called "PROJECT"; and
F. CITY desires DISTRICT to contribute funding for the design and construction of PROJECT; and
G. Due to mutual interests in this PROJECT, DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's design and construction costs as set forth herein; and H. "IMPROVEMENT PLANS" is defined as the necessary plans and specifications for PROJECT; and
I. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT or (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT and (b) cannot be relocated by others under CITY's franchise authority; and J. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT. DISTRICT's contribution toward CITY's portion of the costs for bid items associated with UTILITY RELOCATIONS shall be included as a part of "CONSTRUCTION CONTRIBUTION", as defined below. DISTRICT's contribution toward CITY's portion of the costs for construction contract change orders associated with UTILITY RELOCATIONS shall be included as a part of "CHANGE ORDERS CONTRIBUTION", as defined below; and
K. "ORIGINAL BID" is defined as the lowest responsible bid contract price for PROJECT construction; and
L. DISTRICT's financial contribution to CITY for PROJECT shall be as follows, subject to the not to exceed amount provided in Recital M below:
i. "DESIGN CONTRIBUTION", defined as one hundred percent (100%) of CITY's costs associated with mapping; surveying;

Page 62 of 86 ends

243406
- 3 -
engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application and acquisition of the environmental clearance and permits, if required for PROJECT; incidental costs of acquiring the necessary rights of way, rights of entry and temporary construction easements to construct, operate and maintain PROJECT (e.g., appraisal reports, preparing plat maps and legal descriptions); and other typical ancillary costs related to the preparation of IMPROVEMENT PLANS. However,
DESIGN CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). DISTRICT will contribute to MSHCP costs separately, in accordance with Sections I.9 and II.11 below; and
ii. "DESIGN ADMIN", defined as an additional ten percent (10%) of DESIGN CONTRIBUTION to offset CITY's administrative
costs associated with design contract administration, in the event that CITY chooses to hire an engineering consulting firm to prepare the necessary plans and specifications to construct PROJECT; and
iii. "ACQUISITION COST", defined as one hundred percent (100%) of the actual costs (not to exceed appraised value and escrow and closing costs) of acquiring the necessary rights of way, rights of entry and temporary construction easements to construct, operate

Page 63 of 86 ends

243406
- 4 -
and maintain PROJECT; and
iv. "CONSTRUCTION CONTRIBUTION", defined as one hundred percent (100%) of ORIGINAL BID, which includes bid items associated with UTILITY RELOCATIONS; and
v. "CHANGE ORDERS CONTRIBUTION", defined as up to an
additional ten percent (10%) of ORIGINAL BID to offset any construction contract change orders for PROJECT, which may include, but is not limited to, construction contract change orders associated with UTILITY RELOCATIONS. Together,
CONSTRUCTION CONTRIBUTION and CHANGE ORDERS
CONTRIBUTION are hereinafter called "TOTAL
CONSTRUCTION COST"; and
vi. "CONSTRUCTION ADMIN", defined as an additional fifteen percent (15%) of TOTAL CONSTRUCTION COST to offset
CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of a flood control facility; and
M. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN,

ACQUISITION COST, CONSTRUCTION CONTRIBUTION, CONSTRUCTION ADMIN and CHANGE ORDERS CONTRIBUTION are hereinafter called "DISTRICT CONTRIBUTION". DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00); and
N. Should PROJECT require additional funding, CITY will have option to seek additional funding from DISTRICT for the construction of PROJECT. DISTRICT

Page 64 of 86 ends

243406
- 5 -
contribution of such additional funding is contingent upon the availability of DISTRICT funds and budgetary approval; and
O. CITY desires DISTRICT to ultimately accept ownership and responsibility for operation and maintenance of DISTRICT FACILITIES. Therefore, DISTRICT must review and approve IMPROVEMENT PLANS and subsequently periodically inspect the construction of DISTRICT FACILITIES; and P. DISTRICT desires CITY accept ownership and responsibility for the operation and maintenance of APPURTENANCES; and
Q. It is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and
R. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT and CITY with respect to funding, design, construction, inspection, ownership, operation and maintenance of PROJECT and the payment of DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. [INTENTIONALLY DELETED]

Page 65 of 86 ends

243406
- 6 -

3. Keep an accurate accounting of the following costs for PROJECT:

A. All design costs associated with the preparation of plans and specifications for PROJECT. The accounting of design costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, invoices, change orders and other such documents as may be necessary, to establish the actual cost of design and, if applicable, the associated design contract administration cost for PROJECT. This includes all costs invoiced as a part of DESIGN CONTRIBUTION and, if applicable, DESIGN ADMIN.

B. All costs associated with acquiring the necessary rights of way, rights of entry and temporary construction easements to construct, operate and maintain PROJECT. The accounting of these costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, appraisal reports, purchase and sale agreements, and other such
documents as may be necessary to establish the actual cost of acquiring all necessary rights of way, rights of entry and temporary construction easements to construct, operate and maintain PROJECT. This includes all costs invoiced as a part of ACQUISTION COST.

C. All PROJECT construction costs, including the costs associated with UTILITY RELOCATIONS. This final accounting of
construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, change

Page 66 of 86 ends

243406
- 7 -
orders and other such documents as may be necessary, to establish the actual cost of construction and the associated contract administration cost for DISTRICT-approved and
CITY-approved IMPROVEMENT PLANS. This includes all
costs invoiced as a part of CONSTRUCTION
CONTRIBUTION, CONSTRUCTION ADMIN and, if
applicable, CHANGE ORDERS CONTRIBUTION.

4. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement.

DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

5. [INTENTIONALLY DELETED].

6. Prepare or cause to be prepared IMPROVEMENT PLANS, in accordance with the applicable DISTRICT and CITY standards, and submit to DISTRICT (Attention: Special Projects Section) for its review and approval prior to advertising PROJECT for construction bids. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.

7. Obtain all necessary permits, approvals or agreements as may be required by any federal, state and local resource or regulatory agencies pertaining to the construction, operation and maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", may include, but are not limited to, those issued by the following regulatory agencies: U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation

Page 67 of 86 ends

243406
- 8 -
Authority. All applications for REGULATORY PERMITS ("APPLICATIONS") and all REGULATORY PERMITS must be provided to DISTRICT for approval in accordance with Sections I.8 and I.12.

8. Provide DISTRICT with an opportunity to review, comment on and approve, as appropriate, all APPLICATIONS prior to submitting APPLICATIONS to the applicable regulatory agencies.

9. Implement or cause to be implemented all environmental mitigation required in association with the construction, operation and maintenance of PROJECT, except for the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), which will be paid by DISTRICT as set forth in Section II.11.

10. Obtain all necessary permits, licenses, agreements, approvals, lands, rights of way, rights of entry, encroachment permits, and easements, including temporary construction easements, as may be needed to construct, operate and maintain PROJECT ("ROW DOCUMENTS") and consult with DISTRICT regarding existing dedications, proposed legal descriptions and plat maps, basemaps and survey controls. All ROW DOCUMENTS and appraisal reports must be provided to DISTRICT for approval in accordance with Sections I.11 and I.12.

11. Provide DISTRICT with an opportunity to review, comment on and approve, as appropriate, each appraisal report for PROJECT prior to an offer being made to the landowner(s).

12. Prior to advertising PROJECT for public works construction contract, provide DISTRICT an opportunity to review, comment on and approve, as appropriate, all (i) REGULATORY PERMITS and (ii) ROW DOCUMENTS, including any existing dedications, proposed legal descriptions and plat maps, basemaps and survey controls.

Page 68 of 86 ends

243406
- 9 -
DISTRICT approval of any such document(s) or IMPROVEMENT PLANS may be withheld when, in the sole judgment of DISTRICT's General Manager-Chief Engineer, the said document(s) unreasonably constrains, inhibits or impairs DISTRICT's ability to operate and maintain DISTRICT FACILITIES.

13. Ensure that REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary operation and maintenance activities for DISTRICT FACILITIES, as determined by DISTRICT or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within PROJECT's right of way.

14. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.

15. Following the signing of IMPROVEMENT PLANS by all Parties, invoice DISTRICT (Attention: Special Projects Section) for (i) the remainder of DESIGN CONTRIBUTION and, if applicable, (ii) DESIGN ADMIN. DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

16. After complying with Sections I.1 through I.15, advertise a public works construction contract for PROJECT pursuant to the applicable provisions of the California Public Contract Code.

17. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high.

Page 69 of 86 ends

243406
- 10 -

18. After the end of DISTRICT's review period set forth in Section I.17, award and administer a public works construction contract for PROJECT pursuant to the applicable provisions of the California Public Contract Code. CITY shall endeavor to award a public works construction contract for PROJECT and begin construction within twenty-four (24) months of execution of this Agreement.

19. Provide DISTRICT with written notice (Attention: Special Projects Section and Construction Management Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the ORIGINAL BID.

20. At the time of providing written notice of the award of a construction contract for PROJECT as set forth in Section I.19, invoice DISTRICT (Attention: Special Projects Section) for (i) CONSTRUCTION CONTRIBUTION and (ii) ACQUISTION COST, subject to and provided that DISTRICT CONTRIBUTION does not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT. CONSTRUCTION CONTRIBUTION shall be supported by a copy of CITY's bid abstracts for PROJECT.

21. Prior to commencing PROJECT construction, furnish DISTRICT with final mylar PROJECT plans and assign ownership of PROJECT plans to DISTRICT.

22. Not permit any change to or modification of DISTRICT-approved IMPROVEMENT PLANS that would result in a change of functionality or maintainability of PROJECT without DISTRICT's prior written permission and consent. Failure to do so shall immediately be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to CITY that DISTRICT is unable to: a) perform its obligations under the Agreement and b) to accept responsibility for ownership, operation and maintenance of DISTRICT

Page 70 of 86 ends

243406
- 11 -
FACILITIES due, either in whole or in part, to said breach of this Agreement.

23. Prior to commencing PROJECT construction, schedule and conduct a mandatory pre-construction meeting between CITY, CITY's construction manager, CITY's construction contractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attention: Special Projects Section and Construction Management Section) in writing at least twenty (20) days prior to conducting the pre-construction meeting.

24. Furnish DISTRICT (Attention: Special Projects Section and Construction Management Section), at the time of providing written notice of the preconstruction meeting as set forth in Section I.23, with:

A. A construction schedule which shall show the order and dates on which CITY or CITY's contractor proposes to carry on the various parts of work, including estimated start and completion dates, and
B. A confined space procedure, prepared by CITY's construction contractor(s), specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5156 et seq. and DISTRICT's Confined Space Procedures, Chapter 18 of the Safety and Operations Manual (SOM-18). The confined space procedure shall be reviewed and approved by DISTRICT prior to the start of PROJECT construction.

25. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

Page 71 of 86 ends

243406
- 12 -

26. Relocate or cause to be relocated all conflicting CITY owned utilities.

CITY shall also order the relocation of all other non-CITY owned utilities within CITY rights of way which conflict with the construction of PROJECT.

27. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to procure and maintain or cause to be maintained insurance coverages during the term of this Agreement. CITY shall also require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

28. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works construction contract, in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY, and pay all costs associated therewith.

29. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager and pay all costs associated therewith.

30. Furnish or cause its construction manager to furnish all construction survey and materials testing services necessary to ensure construction of PROJECT is

Page 72 of 86 ends

243406
- 13 -
accomplished in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.

31. Grant DISTRICT, by execution of this Agreement, the right to inspect PROJECT and subsequently operate and maintain DISTRICT FACILITIES within CITY rights of way.

32. Within two (2) weeks of completing PROJECT construction, provide DISTRICT with written notice (Attention: Special Projects Section and Construction Management Section) that PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of DISTRICT FACILITIES.

33. Assume ownership and sole responsibility for the operation and maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES and CITY continues to accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES as set forth herein.

34. Continue to own, operate and maintain APPURTENANCES.

35. Upon completion of PROJECT construction, provide DISTRICT (Attention: Special Projects Section and Construction Management Section) with a copy of CITY's recorded Notice of Completion.

36. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) – stamped and wet signed by the civil engineer of record and (iii) a redlined "Record Drawings" copy of PROJECT plans. After DISTRICT

Page 73 of 86 ends

243406
- 14 -
approval of the redlined "Record Drawings", CITY's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original mylars at DISTRICT's office, after which the engineer shall review, stamp and sign the original DISTRICT FACILITIES plans "Record Drawings.".

37. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, CITY shall convey or cause to be conveyed to DISTRICT the flood control easement(s), or grant deed(s) of fee title where appropriate, as deemed necessary by DISTRICT for the operation and maintenance of DISTRICT FACILITIES. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s). DISTRICT's interest in said property shall be free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except those which, in the sole discretion of DISTRICT, are acceptable.

38. [INTENTIONALLY DELETED]

39. At the time of providing a Notice of Completion as set forth in Section I.35, invoice DISTRICT (Attention: Special Projects Section) for CONSTRUCTION ADMIN and, if applicable, CHANGE ORDERS CONTRIBUTION, subject to and provided that DISTRICT CONTRIBUTION does not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

40. Upon DISTRICT acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of PROJECT are improved, repaired, replaced or changed. It being further understood and agreed that any such

Page 74 of 86 ends

243406
- 15 -
adjustments shall be performed at no cost to DISTRICT.

41. Refund to DISTRICT, at the time of providing a Notice of Completion as set forth in Section I.35, any unexpended portions of DISTRICT CONTRIBUTION.

SECTION II
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA.

2. [INTENTIONALLY DELETED]

3. [INTENTIONALLY DELETED]

4. Pay CITY, within forty-five (45) days after receipt of CITY's appropriate invoice for fifty percent (50%) of DESIGN CONTRIBUTION as set forth in Section I.4. DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

5. Review, comment on and make a determination on, as appropriate, all applications for REGULATORY PERMITS prior to CITY submitting the applications to the applicable regulatory agencies.

6. Review, comment on and make a determination on, as appropriate, each appraisal report prior to an offer being made to the landowner(s).

7. Prior to CITY advertising PROJECT for bids, review and make a determination on, as appropriate, all (i) REGULATORY PERMITS and (ii) ROW DOCUMENTS, including any existing dedications, proposed legal descriptions and plat maps, basemaps and survey controls. Said REGULATORY PERMITS and ROW DOCUMENTS shall not unreasonably constrain, inhibit or impair DISTRICT's ability to operate and maintain DISTRICT FACILITIES. DISTRICT may withhold approval of any

Page 75 of 86 ends

243406
- 16 -
such document(s) or IMPROVEMENT PLANS when, in the sole judgment of DISTRICT's General Manager-Chief Engineer, the said document(s) unreasonably constrains, inhibits or impairs DISTRICT's ability to operate and maintain DISTRICT FACILITIES.

8. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT, prior to CITY's advertising PROJECT for construction bids.

9. Pay CITY, within forty-five (45) days after receipt of CITY's appropriate invoice, for: (i) remainder of DESIGN CONTRIBUTION and, if applicable, (ii) DESIGN ADMIN, as set forth in Section I.15. DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

10. Within seven (7) calendar days following CITY's public works construction bid opening, review and approve or reject bids for construction of PROJECT.

DISTRICT may only reject bids found by DISTRICT to be unreasonably high. DISTRICT shall not unreasonably withhold approval of contract.

11. Within thirty (30) days of CITY awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), which is either the lesser of (i) three percent (3%) of the lowest responsible bid price or (ii) three percent (3%) of the lowest responsible bid price, less the value of any applicable project-specific mitigation.

12. Pay CITY, within forty-five (45) days after receipt of CITY's appropriate invoice for (i) CONSTRUCTION CONTRIBUTION and (ii) ACQUISTION COST as set forth in Section I.20, subject to and provided that DISTRICT

Page 76 of 86 ends

243406
- 17 -
CONTRIBUTION does not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

13. Conduct periodic inspections of DISTRICT FACILITIES construction for quality control purposes at its sole cost and provide any comments to CITY's designated PROJECT construction inspector.

14. [INTENTIONALLY DELETED]

15. Upon receipt of CITY's written notice that PROJECT construction is substantially complete as set forth in Section I.32, conduct a final inspection of DISTRICT FACILITIES.

16. Accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES once all of the following takes place: (i) DISTRICT's inspection of DISTRICT FACILITIES in accordance with Sections I.32. and II.15, (ii) DISTRICT's acceptance of DISTRICT FACILITIES construction as being complete, (iii) DISTRICT's receipt of CITY's recorded Notice of Completion as set forth in Section I.35, (iv) DISTRICT's receipt of (a) signed and stamped soil compaction report(s), (b) signed and stamped concrete testing report(s), and (c) stamped and signed "record drawings" of PROJECT plans as set forth in Section I.36, (vi) DISTRICT's acceptance of all necessary rights of way, easements or grant deeds as set forth in Section I.37 and (vii) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.

17. Pay CITY, within forty-five (45) days after receipt of CITY's appropriate invoice, for CONSTRUCTION ADMIN and, if applicable, CHANGE ORDERS CONTRIBUTION, as set forth in Section I.39, subject to and provided that DISTRICT CONTRIBUTION does not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT.

Page 77 of 86 ends

243406
- 18 -

SECTION III
Indemnification:

1. CITY shall indemnify, defend and hold harmless and require CITY's construction contractor(s) to indemnify, defend and hold harmless DISTRICT and County of Riverside [including, their Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as "Indemnitees")] from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY and CITY's construction contractor(s) (including, their officers, employees, subcontractors, agents or representatives ("Indemnitors") arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY's construction contractor(s) (including their officers, employees, subcontractors, agents or representatives) from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited, to attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

2. With respect to any action or claim subject to indemnification herein by CITY or CITY's construction contractor(s), CITY or CITY's construction contractor(s) shall, at their sole cost, have the right to use counsel of their own choice and may adjust, settle or compromise any such action or claim only with prior consent of DISTRICT and the County of Riverside. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe CITY's or CITY's construction contractor(s) indemnification to Indemnitees as set forth herein.

Page 78 of 86 ends

243406
- 19 -

3. CITY's and CITY's construction contractor(s) obligation hereunder shall be satisfied when CITY or CITY's construction contractor(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

4. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's or CITY's construction contractor(s) obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

5. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY or CITY's construction contractor(s) from indemnifying the Indemnitees to the fullest extent allowed by law.

SECTION IV
It is further mutually agreed:

1. DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Eight Hundred Forty-Two Thousand Forty Dollars ($1,842,040.00) for PROJECT and shall be used by CITY solely for the purpose of designing and constructing PROJECT and acquiring the necessary rights of way, rights of entry and temporary construction easements to construct, operate and maintain PROJECT as set forth in this Agreement.

2. In the event CITY's construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete PROJECT utilizing the bonds and insurances secured for PROJECT, as described by this Agreement.

3. Except as otherwise provided herein, all construction work involved with PROJECT shall be inspected by DISTRICT and CITY, or its construction manager, but shall not be deemed complete until DISTRICT and CITY mutually agree that

Page 79 of 86 ends

243406
- 20 -
construction is completed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS. CITY shall not request DISTRICT to accept any portion of PROJECT for ownership, operation or maintenance until PROJECT construction is deemed fully complete.

4. DISTRICT personnel may observe and inspect all work being done on PROJECT but shall provide any comments to CITY personnel, or its construction manager, who shall be solely responsible for all communications with CITY's construction contractor(s).

5. [INTENTIONALLY DELETED]

6. [INTENTIONALLY DELETED]

7. DISTRICT, the County of Riverside, the State of California, or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

8. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement hereof.

9. This Agreement is to be construed in accordance with the laws of the State of California.

Page 80 of 86 ends

243406
- 21 -

10. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Special Projects Section
To CITY: CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
Attn: Public Works Director

11. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

12. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

13. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other third person or entity shall have any right or action based upon the provisions of this Agreement.

14. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

15. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.

16. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in

Page 81 of 86 ends

243406
- 22 -
a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

17. DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facility as set forth herein and to discharge their respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance condition or undue maintenance impact upon the other Party's facility.

18. Time is of the essence in prosecuting the work contemplated under this Agreement. At any time during the term of this Agreement, DISTRICT may terminate this Agreement for cause, including, but not limited to, CITY's failure to prosecute the work in a timely manner, upon providing CITY thirty (30) days written notice stating the extent and effective date of termination.

19. The obligation(s) of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event that such funds are not forthcoming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

20. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be amended, changed or modified only upon the written consent of the Parties hereto.

Page 82 of 86 ends

243406
- 23 -

21. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time.

CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//

Page 83 of 86 ends

DRAFT
- 24 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager - Chief Engineer
By
KAREN SPIEGEL, Chair
Board of Supervisors, Riverside County Flood
Control and Water Conservation District
APPROVED AS TO FORM: ATTEST:

COUNTY COUNSEL KECIA R. HARPER
Clerk of the Board
By
SARAH K. MOORE
Deputy County Counsel
By
Deputy
Cooperative Funding Agreement with the City of Norco
Norco MDP Line N-3, Stage 1
Project No. 2-0-00086
MS 200
04/21/22
RKM:blm

Page 84 of 86 ends

DRAFT
- 25 -

CITY OF NORCO
By

GREG NEWTON
Mayor
APPROVED AS TO FORM: ATTEST:

JOHN HARPER
City Attorney
By

DANA ROA, CMC
City Clerk
(SEAL)
Cooperative Funding Agreement with the City of Norco
Norco MDP Line N-3, Stage 1
Project No. 2-0-00086
MS 200
04/21/22
RKM:blm

Page 85 of 86 ends

EXHIBIT A

COOPERATIVE FUNDING AGREEMENT
Norco MDP Line N-3, Stage 1
Project No. 2-0-00086
MS 200

Page 1 of 1 ends

STAGE 1
(Magenta)
1515 --II

Page 86 of 86 ends

Norco City CouncilMay 31, 2022

Norco City Council
May 31, 2022