AGENDA
City Council
Wednesday, August 3, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Council Member
Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Mayor Pro Tem
Ted Hoffman, Mayor Pro Tem
CLOSED SESSION
§54956.9 (d)(1) - Conference with Legal Counsel – Existing Litigation Public Employee Relations Board v. City of Norco, et al.
Case Number: LA-CE-1575-M
§54956.9 (d)(1) - Conference with Legal Counsel – Existing Litigation Barbara Wilson v. City of Norco, et al.
Case Number: 21-159077
§54956.8 - Conference with Legal Counsel - Real Property Negotiation American Tower Lease Agreement - Property: APN 129-020-041 City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God
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.
City Council Agenda - August 3, 2022
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 July 20, 2022.
Staff Report - Pdf
2.C. Acceptance of Bluff Street Booster Station - Pre Engineered Metal Building Project
RECOMMENDATION:
Accept the Bluff Street Booster Station - Pre Engineered Metal Building Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.D. Acceptance of the Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project as Complete.
RECOMMENDATION:
Accept the Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.E. Acceptance of the River Road Trail Improvement Project RECOMMENDATION:
Accept the River Road Trail Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
City Council Agenda - August 3, 2022
2.F. Rescinding Employer-Employee Relations Resolution No. 2022-20 RECOMMENDATION:
Adopt Resolution No. 2022-64 rescinding the Employer-Employee Relations Resolution No. 2022-20 adopted on April 6, 2022 Staff Report - Pdf
2.G. Cancel City Council Regular Meeting of September 7, 2022 and schedule City Council Special Meeting on September 6, 2022.
RECOMMENDATION:
Cancel City Council Regular Meeting of September 7, 2022 and schedule City Council Special Meeting on September 6, 2022.
Staff Report - Pdf
2.H. Execution of a Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-1C Extension 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-1C Extension Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors.
Staff Report - Pdf
2.I. Approval of a three-year Professional Services Agreement with RSG, Inc to provide the City of Norco with on-call Housing Consulting Services.
RECOMMENDATION:
Approve a three-year Professional Services Agreement with RSG, Inc. to provide the City of Norco with on-call Housing Consulting Services.
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.
City Council Agenda - August 3, 2022
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.
5.A. Ordinance No. 1084, Second Reading: An Ordinance of the City Council of the City of Norco, California, to add Chapter 8.08 "Dog Care and Housing Standards" to the Norco Municipal Code (NMC). Code Amendment 2022-
03. RECOMMENDATION:
Adopt Ordinance No. 1084 for second reading approving to add Chapter
8.08 "Dog Care and Housing Standards" to the Norco Municipal Code (NMC). Code Amendment 2022-03.
Staff Report - Pdf
6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
6.A. Street Name for the Main Entrance of the Palomino Business Park RECOMMENDATION:
Consider names recommended by the Streets, Trails, and Utilities Commission.
Staff Report - Pdf
6.B. Moratorium on the Construction of New Industrial Buildings.
RECOMMENDATION:
Determine if adoption of a moratorium on the construction of new industrial buildings is warranted.
Staff Report - Pdf
7. PUBLIC HEARING(S)
City Council Agenda - August 3, 2022
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
7.A. Confirming the Report of Costs for Spring and Fall Weed Abatement, Fiscal Year 2021-2022
RECOMMENDATION:
Adopt Resolution No. 2022-65, confirming the Report of Costs for abatement of weeds and hazardous vegetation as a public nuisance and imposing special assessment liens on vacant parcels within the City.
Staff Report - Pdf
7.B. First Reading, Ordinance 1085 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Chapter 18.30 "General Provision Miscellaneous", to add Section 18.30.48 "Residential Lighting Standards".
Zone Code Amendment 2022-04
RECOMMENDATION:
Adopt Ordinance 1085, First Reading, to amend Norco Municipal Code (NMC) Title 18 "Zoning", amending Chapter 18.30 "General Provision Miscellaneous" to add Section 18.30.48 "Residential Lighting Standards"; and schedule the Second Reading for August 17, 2022. Zone Code Amendment (ZCA) 2022-04.
Staff Report - Pdf
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: August 3, 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 July 20, 2022.
REVIEWED AND APPROVED BY:
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
DRAFT City Council - Jul 20 2022 - Minutes
DRAFT - MINUTES
City Council
Wednesday, July 20, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Present:
Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
Absent:
CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN 131-320-029
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Okoro
Unrepresented Employees: Norco Management, Mid-Management, and Confidential
§54956.9 (d)(2) and 54956.9 (e)(4)(5) – Conference with Legal Counsel – Anticipated Litigation
Frontier Homes, LLC – Specifically related to letter from Larson LLP. dated July 12, 2022
RECONVENE PUBLIC SESSION 7:16 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated that there were no reportable actions taken in Closed Sessions.
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Michelle Ehrenberg
City Council Minutes - July 20, 2022
The Redeemer's Community Church
PRESENTATIONS Community Spirit Award
NHA Trail Committee
Mayor Pro Tem Grundmeyer presented the
Community Spirit Award to Norco
Horseman Association Trail Committee for
their dedication to community service and
to the betterment of the City of Norco.
Proclamation
Parks Make Life Better Month
Mayor Newton presented the Parks Make
Life Better Month Proclamation to
Community Services Director Michelle
Anglin and staff.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approval of consent Calendar as presented.
Council Member Bash pulled Items 2E and 2F for discussion.
M/S HOFFMAN/NEWTON Approve Consent Calendar as presented with exception of Items 2.E. and 2.F. pulled for discussion. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
City Council Minutes - July 20, 2022
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions, which appear on the agenda, shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Regular and Personnel Committee Meeting Minutes Action: Approved the City Council Regular Meeting Minutes of July 6, 2022 and Personnel Committee Minutes of July 7, 2022.
2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on July 13, 2022
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on July 13, 2022.
2.D. Acceptance of the City Hall HVAC Installation and Riley Gym Swamp Cooler Replacement Project as Complete.
Action: Accepted the City Hall HVAC Installation and Riley Gym Swamp Cooler Replacement Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
2.G. Approval of Payment Schedule and Lien Agreement
Action: Approved payment schedule and lien agreement between the City of Norco and NSS Hotels, LLC.
2.H. Quarterly Investment Report for Quarter Ended June 30, 2022 Action: Received and filed the Quarterly Investment Report for the Quarter Ended June 30, 2022.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.E. New Observance Request: National Post-Traumatic Stress Disorder Awareness Month
Council Member Bash spoke in support of this item and stated this issue is timely. He stated that the City of Norco supports our Veteran Organizations in the community.
City Council Minutes - July 20, 2022
M/S BASH/HOFFMAN Approve the subcommittee's recommendation to recognize National Post-Traumatic Stress Disorder Awareness Month. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.F. Acceptance of the Riley Gymnasium Renovation Project as Complete.
Council Member Bash thanked Community Services Director Anglin and staff for all their hard work on the Riley Gymnasium Renovation.
M/S BASH/HOFFMAN Accept the Riley Gymnasium Renovation Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside. 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
Bob Fry spoke about unpermitted paver project he did at his home.
Bob Frosheiser spoke regarding water meter issues on his property.
Bonnie Slager thanked Council for recognizing the NHA Trail Committee and promoted the Norco Fair.
RJ Spiegel spoke regarding his Honor the Fallen Soldiers Event, provided flyers, and asked support from City Council for the event.
5. LEGISLATIVE MATTERS
5.A. Ordinance No. 1083, Second Reading: An Ordinance of the City Council of the City of Norco, California, amending Norco Municipal Code Title 18 “Zoning”, adding Chapter 18.70 "Inclusionary Housing Program". Zone Code Amendment 2022-03
City Council Minutes - July 20, 2022
M/S NEWTON/BASH Adopt Ordinance No. 1083, Second Reading, amending Norco Municipal Code Title 18 “Zoning”, adding Chapter 18.70 "Inclusionary Housing Program". Zone Code Amendment 2022-03. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. DISCUSSION / ACTION ITEM(S)
6.A. City Manager Employment Agreement between the City of Norco and Lori Sassoon and Amendment of FY 2022-2023 Management Salary Resolution
City Attorney Harper presented report on the City Manager Employment Agreement between the City of Norco and Lori Sassoon and the Resolution to amend the FY 2022-2023 Management Salary Resolution.
Mayor Newton opened Public Comment.
There was no Public Comment at this time.
Mayor Newton closed Public Comment.
Council Members Bash, Aleman and Hoffman spoke in support of the City Manager recruitment process and confidence in candidate chosen.
Following discussion motions were made.
Mayor Newton formally introduced Lori Sassoon as the new City Manager for the City of Norco.
Lori Sassoon spoke on her behalf.
M/S NEWTON/GRUNDMEYER Approve the City Manager Employment Agreement between the City of Norco and Lori Sassoon. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - July 20, 2022
M/S NEWTON/GRUNDMEYER Adopt Resolution No. 2022-56 to amend Fiscal Year 2022-2023 Management Salary Resolution Effective August 29, 2022 The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.B. Approval of Disbanding the Economic Development Advisory Council
City Manager Okoro presenting the report to approve the Resolution to disband the Economic Development Advisory Council and requested the Mayor nominate two Council Members to service on the City Managers Economic Development Working Group.
Mayor Newton opened Public Comment.
There was no Public Comment at this time.
Council Member Bash requested to serve City Managers Economic Development Working Group.
Mayor Newton spoke in support of group and extending to broader topics.
City Manager Okoro spoke regarding the expectations of the group.
Council Member Hoffman stated he would like to serve on this working group and discussed the opening of the Hamner Bridge and Silver Lakes hosting World Cup Games the City needs to ready for the future for that corridor.
City Manager Okoro asked that a requirement for being on this working group is commitment to a minimum of two years.
Council Member Aleman asked to serve on the committee stating that she served on the subcommittee and brings a fresh perspective.
Mayor Newton nominated Council Members Aleman and Hoffman to the City Manager's Economic Development Working Group.
M/S NEWTON/GRUNDMEYER Adopt Resolution No. 2022-57 to disband the Economic Development Advisory Council and nominate Council Members
City Council Minutes - July 20, 2022
Aleman and Hoffman to participate in the newly created City Manager's Economic Development Working Group. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.C. Historic Mitigation Measures for Palomino Business Park Project
Consultant Bill Wilkman presented report to Consider Historic Mitigation Measures recommended by the Historic Preservation Commission and determine how to proceed.
Council Members Aleman and Hoffman and Mayor Pro Tem Grundmeyer asked clarifying questions of the Consultant Wilkman.
Consultant Wilkman and City Manager Okoro answered questions and addressed concerns.
Council Member Bash discussed his conversations with EAT Program Director Patrick Mitchell, and discussed that some of the money would go to a plaque, street naming, and freedom fighters memorial. He stated the need to expand and for storage and gave examples of locations.
Mayor Newton asked for clarification on the budget numbers.
Council Member Aleman asked that the City Manager clarify the public benefit and money allocated.
City Manager Okoro addressed Mayor Newton’s questions and concerns and clarified what the public benefit means and where the money is allocated.
Mayor Newton opened Public Comment.
Theresa Edwards spoke regarding her experience with the heritage room and on the Historic Preservation Commission and stated she was disappointed in the process on this project.
Mayor Newton closed Public Comment.
Mayor Pro Tem Grundmeyer discussed the public benefit money and how it is designated specifically for special projects and public benefit. She stated that it
City Council Minutes - July 20, 2022
is not 2 million dollars for the Heritage Room. She stated that history is 100 percent valuable, but a museum would be more impactful than a monument and put it where people have a passion, they can go and get educated; tie it together in a synergistic way. She stated she would really like to see a cohesive museum and destination.
Council Member Hoffman agreed that a sign at that location is not acceptable and stated a central location like a museum would work best.
Council Member Aleman thanked the Historic Preservation Commission on their work and expressed support of the Eisens. She stated that the Council has been talking about the master plan at the community center and a vision of the community center, with demo farms and we need to go slow to make the best decisions..
Council Member Bash stated he is glad his colleagues are talking about this, he agreed with the need for a master plan.
Mayor Newton stated he met with HDL and discussed market study, how we are going to develop the community center and where we need to be when bridge is completed.
Following discussion motion was made.
M/S NEWTON/ALEMAN Receive and File and work toward a Master Plan. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. PUBLIC HEARING(S)
7.A. Entertainment Permit 2022-01 (Kaza Maza): A request for approval to allow live entertainment at Kaza Maza Mediterranean Grill located at 2395 Hamner Avenue, Unit J in the C-G (Commercial General) Zone.
Planning Director Robles presented report on the Entertainment Permit 2022-01 for Kaza Maza restaurant to allow live entertainment.
Mayor Newton and Council Members Hoffman and Aleman asked clarifying questions and discussed their concerns.
City Council Minutes - July 20, 2022
Planning Director Robles answered questions and discussed concerns.
Mayor Newton opened the Public Hearing.
Mike Swaid owner of Kaza Maza thanked the Mayor, City Council and staff for their consideration on this matter.
Mayor Newton closed the Public Hearing.
Council Member Bash spoke in support of the request.
Council Member Aleman spoke in support and questioned another business that had similar request on hours.
Planning Director Robles stated the hours followed the restaurant.
Mayor Newton reopened the Public Hearing.
Council Member Aleman asked the business owner if they would be changing the hours of operation.
Mayor Newton asked the Business Owner if he was accepting staff recommendations.
Business Owner stated he agreed with the staff recommendations.
Mayor Newton Closed the Public Hearing.
Mayor Newton clarified that there was an avenue that could be used for special hours for special occasions.
Following discussion motion was made.
M/S HOFFMAN/BASH Adopt Resolution No. 2022-58, to allow live entertainment at Kaza Maza Mediterranean Grill located at 2395 Hamner Avenue, Unit J, in the C-G (Commercial General) Zone.
The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - July 20, 2022
7.B. Ordinance No. 1084, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, to add Chapter 8.08 "Dog Care and Housing Standards" to the Norco Municipal Code (NMC). Code Amendment 2022-03.
Community Services Director Anglin discussed the report to be presented and introduced Animal Control Superintendent Sparks for the presentation.
Animal Control Superintendent Sparks presented powerpoint presentation discussing the Ordinance to add Chapter 8.08 "Dog Care and Housing Standards" to the Norco Municipal Code and clarified what the new Chapter would enforce.
Council Member Hoffman had questions and concerns for Animal Control Superintendent Sparks.
Animal Control Superintendent Sparks answered questions and discussed concerns.
Mayor Newton opened the Public Hearing.
Nellie Hatton spoke in support of the presentation but had a few concerns that she wanted clarified, regarding no tethering for a short period time, non-porous walls and floors, adequate space, and the California Penal Code.
Mayor Newton closed the Public Hearing.
Animal Control Superintendent Sparks, City Attorney Harper and Mayor Newton clarified the questions asked by Ms. Hatton.
Mayor Newton asked if there needs to be more references to where the information came from in the Ordinance.
City Attorney Harper stated that how the Ordinance was prepared is fine.
Council Member Bash stated that there is an anonymous business that will donate to those in need to help with getting compliant.
Following further discussion motion was made.
City Council Minutes - July 20, 2022
M/S NEWTON/ALEMAN Approve for First Reading, Ordinance No. 1084 approving Code Amendment 2022-03, and schedule the second reading for August 3, 2022.
The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7.C. Ordering the Continuation of the Landscape Maintenance Districts, Confirming a Diagram, Assessment, and Annual Assessment Levy for Districts No. 1 – Beazer, Tract 28765; No. 2 – Western Pacific, Tract 25779; No. 3 – Centex, Tract 28826; No. 4 – Norco Ridge Ranch, Tracts 29588 and 29589; and No. 5 – Hawk’s Crest, Tract 30230
Facilities and Maintenance Director Hamilton presented the report regarding Ordering the Continuation of the Landscape Maintenance Districts, Confirming a Diagram, Assessment, and Annual Assessment Levy for Districts No. 1 – Beazer, Tract 28765; No. 2 – Western Pacific, Tract 25779; No. 3 – Centex, Tract 28826; No. 4 – Norco Ridge Ranch, Tracts 29588 and 29589; and No. 5 – Hawk’s Crest, Tract 30230.
Council Member Hoffman and Mayor Newton had Clarifying questions and concerns.
Facilities and Maintenance Director Hamilton and Consultant answered questions and discussed concerns.
Mayor Newton opened the Public Hearing.
Matt Jefferson spoke regarding the LMD's.
Mayor Newton closed the Public Hearing.
Mayor Pro Tem Grundmeyer and Council Members Aleman, Bash and Hoffman had questions and concerns related to the LMD report.
Facilities and Maintenance Director Hamilton and Consultant answered questions and discussed concerns.
Council Member Hoffman asked if the portable Bathrooms at Hawks Crest be replaced.
City Council Minutes - July 20, 2022
Mayor Newton asked for a report back to Council to clarify the observation logic and help with the bathrooms.
Following further discussion motion was made.
M/S BASH/HOFFMAN That the City Council opens the Public Hearing and if no more than 50 percent of the property owners within the District protest, it would be appropriate to adopt Resolution No. 2022-59, LMD No.1 (Beazer); Resolution No. 2022-60, LMD No. 2 (Western Pacific); Resolution No. 2022-61, LMD No. 3 (Centex); Resolution 2022-62, LMD No. 4 (Norco Ridge Ranch); Resolution No. 2022-63, LMD No. 5 (Hawks Crest), providing for an Annual Assessment Levy necessary to maintain the Landscape Maintenance Districts. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
8. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa announced the opening of the November 8, 2022 Election Nomination Period for Candidates.
Public Works Director Blais discussed the Recycled Water Grant from the Federal Government.
Council Member Hoffman thanked RJ Spiegel for his presentation and discussed water issues.
Council Member Aleman asked about the class and comp study and asked staff look at management positions.
Council Member Bash asked about a speaker from earlier in the meeting and stated he would follow up with Public Works Director Blais. He asked staff to contact WMWD to come talk about water issues. He asked that the City Council discuss potential properties for demo farms and asked that a discussion be had to join the California Alliance for Local Electors in their lawsuit.
M/S BASH/GRUNDMEYER Discussion on properties for Demo Farms or other uses for possible purchase at the next City Council Meeting. The Motion was carried by the following roll call vote:
City Council Minutes - July 20, 2022
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
9. ADJOURNMENT
Mayor Newton Adjourned the meeting at 10:47 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: August 3, 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 Bluff Street Booster Station - Pre Engineered Metal Building Project RECOMMENDATION:
Accept the Bluff Street Booster Station - Pre Engineered Metal Building Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Bluff Street Booster Station - Pre Engineered Metal Building Project consisted of the installation of a 1,300 square foot pre-manufactured metal building for the water booster station on Bluff Street. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
BACKGROUND:
On April 21, 2021, City Council awarded a contract to Rasana Corporation. in the amount of $102,000 and authorized City Manager to approve contract change orders up to 10 percent of the total bid for the construction of the Bluff Street Booster Station - Pre Engineered Metal Building Project. The final contract amount paid to Rasana Corporation was $102,000.
Rasana Corporation 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 Rasana Corporation as complete and authorize the City Clerk to record the Notice of Completion with the County Recorders’ Office.
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:
Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Notice of Completion
/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS
BLUFF STREET BOOSTER STATION PRE-ENGINEERED METAL BUILDING PROJECT IN THE CITY OF
NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND RASANA CORPORATION WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 3 RD DAY OF AUGUST, 2022.
THE WORK DONE: CONSISTED OF THE INSTALLATION OF A 1,300 SQUARE FOOT PRE-MANUFACTURED METAL BUILDING FOR THE WATER BOOSTER STATION ON BLUFF STREET. LOCATED 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 APRIL 21, 2021, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY RASANA CORPORATION LOCATED IN RANCHO MISSION VIEJO, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED APRIL 21, 2021, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS AMERICAN CONTRACTORS INDEMNITY COMPANY. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
August 3, 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. 08/03/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance of the Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project as Complete.
RECOMMENDATION:
Accept the Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
SUMMARY:
The Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project consisted of removal and installation of playground equipment and installation of rubberized surface to the satisfaction and acceptance of the Facilities and Maintenance Director. A Notice of Completion has been prepared for recordation.
BACKGROUND:
On June 1, 2021, the City Council awarded a contract to Ortco, Inc. in the amount of $273,200 for the Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project with City Manager approval for change orders up to 10 percent of the original contract amount. Ortco, Inc. completed their scope of work for the project at a total cost of $274,568. The City Manager approved the contract change orders for the additional project costs.
The work has been inspected by the Facilities and Maintenance Superintendent and the Facilities and Maintenance Director and found to be in full conformance with the plans and specifications on the contract documents. Staff is recommending that the City Council accept the work performed by Ortco, Inc. as complete and authorize the City Clerk to record the Notice of Completion with the County Recorder’s Office.
FISCAL IMPACT:
Not applicable.
RELATIONSHIP TO STRATEGIC PLAN:
Removal and Installation of Playground Equipment at Sundance Park, Pacer Park, Parmenter Park and Kips Korner Park Project is consistent with Strategic Direction 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):
Notice of Completion
/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS
REMOVAL AND INSTALLATION OF PLAYGROUND EQUIPMENT PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ORTCO, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 3
RD DAY OF AUGUST, 2022.
THE WORK DONE: CONSISTED OF REMOVAL AND INSTALLATION OF PLAYGROUND EQIPMENT AND INSTALLATION OF RUBBERIZED
SURFACING AT FOUR PARKS, SUNDANCE PARK, PACER PARK, PARMENTER PARK, AND KIPS KORNER PARK LOCATED 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 JUNE 1, 2021, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ORTCO, INC. LOCATED IN ORANGE, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED JUNE 1, 2021, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS SURETEC INSURANCE CO. 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.
August 3, 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. 08/03/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the River Road Trail Improvement Project
RECOMMENDATION:
Accept the River Road Trail Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The River Road Trail Improvement Project consisted of the installation of trail, trail fencing, and landscaping improvements on River Road between Kips Korner Road and Corydon Avenue. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
BACKGROUND:
On November 17, 2021, City Council awarded a contract to Three Peaks Corp. in the amount of $275,435 and authorized City Manager to approve contract change orders up to 10 percent of the total bid for the construction of the River Road Trail Improvement Project. The final contract amount paid to Three Peaks Corp. was $263,900. The reduction in the amount paid was due to decreased quantities of concrete sidewalk removals/replacements, decomposed granite and trail fencing.
Three Peaks Corp. 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 Three Peaks Corp. as complete and authorize the City Clerk to record the Notice of Completion with the County Recorders’ Office.
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
/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
RIVER ROAD TRAIL IMPROVEMENT PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN
CONTRACT DATED BETWEEN THE CITY OF NORCO AND THREE PEAKS CORPORATION WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 3
RD DAY OF AUGUST, 2022.
THE WORK DONE: CONSISTED OF THE INSTALLATION OF TRAIL, TRAIL FENCING, AND LANDSCAPING IMPROVEMENTS ON RIVER ROAD BETWEEN KIPS KORNER ROAD AND CORYDON AVENUE, LOCATED 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 NOVEMBER 17, 2021, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY THREE PEAKS CORPORATION LOCATED IN CALIMESA, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED NOVEMBER 17, 2021, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS THE OHIO CASUALTY INSURANCE COMPANY. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
August 3, 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. 08/03/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:
Rescinding Employer-Employee Relations Resolution No. 2022-20 RECOMMENDATION:
Adopt Resolution No. 2022-64 rescinding the Employer-Employee Relations Resolution No. 2022-20 adopted on April 6, 2022
SUMMARY:
As part of a proposed settlement agreement for the Unfair Practice Charge before the Public Employee Relations Board filed against the City by Utility Workers Union of America, Local 606, staff recommends that the City Council rescind the City’s EmployerEmployee Relations (EER) Resolution No. 2022-20, adopted on April 6, 2022.
BACKGROUND:
The City’s EER Resolution was initially adopted by City Council in 1971 to promote smooth administration of employer-employee relations within the City. Since 1971, there has been one amendment to the resolution that was adopted in 1975. Since 1975, no modifications have been made despite various changes in law. Therefore, on April 6, 2022, the City Council adopted an updated EER, by Resolution No. 2022-20, to incorporate changes in State law affecting labor relations processes.
On April 13, 2022 an Unfair Practice Charge (Case No. LA-CE-1575-M) alleging that the City failed to "meet and consult" was filed with PERB by Local 606.
On July 21, 2022, in the interest of promoting harmonious labor relations between the parties and to avoid the uncertainty, inconvenience, and expense of a continued hearing, Local 606 and the City agreed through mediation, to a settlement of the unfair practice charge before the PERB. Settlement terms include:
• Rescinding Resolution No. 2022-20 adopted on April 6, 2022 implementing EER.
• Withdrawal of the PERB Unfair Practice Charge (No. LA-CE-1575-M) with prejudice within 5 calendar days of City Council's action to rescind EER Resolution No. 2022-20.
• City agrees to meet and consult and to meet and confer as necessary with regard to the rescinded EER, dated April 6, 2022.
• No later than 10 calendar days before the first scheduled meeting between the City and Local 606, Local 606 will provide written notice to the City identifying all the items over which they request to meet and confer.
FISCAL IMPACT:
There are no additional costs related to the proposed action.
RELATIONSHIP TO STRATEGIC PLAN:
Adopting the Resolution rescinding the Employer-Employee Relations Resolution adopted on April 6, 2022 is consistent with Strategic Plan Direction #2 - Human Capital:
Build a sustainable workforce to meet the needs of all stakeholders.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Resolution No. 2022-64
Resolution No. 2022-20, April 6, 2022
RESOLUTION NO. 2022-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, RESCINDING THE EMPLOYER-EMPLOYEE RELATIONS
RESOLUTION NO. 2022-20 ADOPTED ON APRIL 6, 2022
WHEREAS, on April 6, 2022 City Council adopted the Employer-Employee Relations Resolution No. 2022-20; and
WHEREAS, on April 13, 2022 an Unfair Practice Charge (Case No. LA-CE-1575- M) was filed with the Public Employment Relations Board (PERB) by the Utility Workers Union of America, Local 606 (Local 606); and
WHEREAS, in the interest of promoting harmonious labor relations between the parties and to avoid the uncertainty, inconvenience, and expense of litigation, Local 606 and the City, agreed to a settlement of the above-captioned unfair practice charge before the PERB; and
WHEREAS, the City agrees to rescind the adopted Employer-Employee Relations Resolution No. 2022-20 approved on April 6, 2022; and
WHEREAS, Local 606 agrees to withdraw the PERB Unfair Practice Charge (No.
LA-CE-1575-M) with prejudice within 5 calendar days of City Council’s action to rescind Resolution No. 2022-20 dated April 6, 2022; and
WHEREAS, the City agrees to meet and consult with Local 606 pursuant to Government Code section 3507(a) with regard to the rescinded EER Resolution No. 2022-20 dated April 6, 2022; and
WHEREAS, the City agrees to meet and confer over the items of the rescinded EER Resolution No. 2022-20 dated April 6, 2022 that are subject to meet and confer; and WHEREAS, no later than 10 calendar days before the first scheduled meeting between the City and Local 606, Local 606 will provide written notice to the City identifying all the items over which they request to meet and confer.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby as follows:
SECTION 1: The City Council does hereby rescind Resolution No. 2022-20, implementing the updated Employer-Employee Relations.
Resolution No. 2022-64 – Rescind Employer-Employee Relations Resolution No. 2022- 20
August 3, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 3, 2022.
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on August 3, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on August 3, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
RESOLUTION NO. 2022-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, IMPLEMENTING CHAPTER 10, DIVISION 2, TITLE 1 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA RELATIVE
TO EMPLOYER-EMPLOYEE RELATIONS, AND REPEALING
RESOLUTION NO. 71-8.
WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, the City of Norco desires to adopt such reasonable rules and regulations as authorized by law; and
WHEREAS, the City Manager is the designated Employee Relations Officer; NOW THEREFORE, BIT IT RESOLVED that the City Council of the City of Norco, California, does hereby resolve as follows:
ARTICLE I - GENERAL PROVISIONS
Section 1. Statement of Purpose.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.,) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employeremployee relations between the City of Norco (the "City") and such employee organizations as may represent various groups of employees at the facilities operated in the City. This resolution repeals and supersedes any resolution heretofore enacted pertaining to Employer-Employee Relations and any policies, rules or regulations pertaining thereto.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith, to the extent required by law, with Exclusively Recognized Employee Organizations, as that term is defined in Article I, Section 4 of this Resolution, regarding wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or the City Charter.
The City shall not be required to meet and confer over the merit, necessity or organization of any service or activity provided by law or executive order.
Section 2. City Rights.
Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; and Page 34 of 121 Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
maintain the efficiency of City operations. The City also has the sole and exclusive right to take any actions which is necessary to conduct its affairs, including, but not limited to, determining the procedures and standards of selection for employment, directing its work force (including scheduling and assigning work and overtime), hiring, firing, discharges, promotions, demotions, transfers, taking disciplinary action, determining the methods, means and personnel by which City operations are to be conducted, relieving employees from duty because of budgetary considerations, lack of work, or other lawful reasons, subcontracting, maintaining discipline and efficiency of employees, determining the content of job classifications, take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Nothing in this section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any applicable law regulating, authorizing or empowering the City to act or refrain from acting.
The forgoing is meant to be descriptive of the City rights, and not exhaustive.
Section 3. Employee Rights.
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. Pursuant to Government Code section 3502.5, employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. However, this right shall not be construed to require the City to meet and confer with any individual whose position is within a recognized bargaining unit. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights.
Section 4. Definitions.
As used in this Resolution, the following terms shall have the meanings indicated:
(A) "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Section 11 of Article 11.
(B) "City" means the City of Norco, California, and, where appropriate herein, refers to the City Council of the City or any duly authorized City representative as herein defined.
(C) "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations or to matters pertaining to the evaluations of employees.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
(D) "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not necessarily involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
(E) "Day" means calendar day unless expressly stated otherwise. (F) "Employee" means an employee of the City.
(G) "Employee Relations Officer" shall be the City Manager. The Employee Relations Officer may delegate his/her duties and responsibilities to a designee. (H) "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. (I) "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs and having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and may be subject to the approval of the Employee Relations Officer or Governing Body as appropriate.
(J) "Proof of Employee Support" means: (1) an authorization card recently signed and personally dated by an employee; or (2) a verified authorization petition or petitions recently signed and personally dated by an employee. The only authorization which may be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition.
(K) "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
(L) "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and may be subject to the approval of the Employee Relations Officer or Governing Body as appropriate.
(M) Terms not defined herein shall have the meaning as set forth in the MeyersMilias-Brown Act ("MMBA").
ARTICLE II - REPRESENTATION PROCEEDINGS
Section 5. Filing of Recognition Petition by Employee Organization.
An employee organization that seeks to be formally acknowledged as the exclusively recognized employee organization representing the employees in an appropriate unit within the City shall file a petition with the Employee Relations Officer containing the following information and documentation:
(A) Name and address of the employee organization.
(B) Names and titles of its officers .
. (C) Names of employee organization representatives who are authorized to speak on behalf of the organization.
(D) A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
(E) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and. if so, the name and address of each such other organization. (F) Certified copies of the employee organization's constitution and bylaws. (G) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
(H) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, disability or other protected category.
(I) The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
(J) A statement that the employee organization has met its possession proof of employee support, as herein defined, to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party at the direction of the Employee Relations Officer. (K) A request that the Employee Relations Officer formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
Section 6. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
(A) There has been compliance with the requirements of the Recognition Petition, and
(B) The proposed representation unit is an appropriate unit in accordance with this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter.
If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13, Article II of this Resolution.
Section 7. Open Period for Filing Challenging Petition.
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit ( one which corresponds with respect to some, but not all, of the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent (30%) and otherwise in the same form and manner as set forth in this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in this Article II. The petitioning employee organizations shall have fifteen (15) days from the date of when the notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to this Article II.
Section 8. Election Procedure.
Unless recognition is granted pursuant to Section 9 of this Article 11, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed within the designated appropriate unit during the pay period immediately prior to the date of the election, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed in the same unit on the date of the election. An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election, providing that at least sixty percent (60%) of the employees in the appropriate unit have voted. In the event that sixty percent (60%) of the employees in the appropriate unit have failed to vote, another election shall be scheduled within ninety (90) days. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.
There shall be no more than one valid election under this Resolution pursuant to any recognition or unit modification petition in a twelve-month period affecting the same or a substantially similar (as determined in the Employee Relations Officer's sole discretion) unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the Norco City Clerk's Office in accordance with that office's established election rules and procedures.
Section 9. Discretionary Recognition.
Notwithstanding Section 8, above, the Employee Relations Officer shall grant exclusive recognition to an employee organization based on Proof of Employee Support showing that a majority of the employees in an appropriate unit desire said representation, unless another labor organization has previously been lawfully recognized as the exclusive or majority representative of all or part of the same unit. Exclusive representation shall be determined by a neutral third party selected by the Employee
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
Relations Officer and the employee organization who shall review the Proof of Employee Support to verify the exclusive or majority status of the employee organization. In the event the Employee Relations Officer and the employee organization cannot agree on a neutral third party, the Division of Conciliation of the Department of Industrial Relations shall be the neutral third party and shall verify the majority status of the employee organization. In the event that the neutral third party determines, based on Proof of Employee Support, that a second labor organization has the support of at least thirty percent (30%) of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.
Section 10. Procedure for Decertification or Withdrawal of Recognition of Exclusively Recognized Employee Organization.
(A) Petition for Decertification.
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
(1) The names, addresses and telephone numbers of the petitioner and a designated representative authorized to receive notices or requests for further information.
(2) The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as the representative of that unit.
(3) An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. ( 4) Proof of employee support that at least thirty percent (30%) of the employees in the established appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within ten (10) days of filing the petition.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%) that includes the allegations and information required under paragraph (a), subparagraphs (2)-(4) inclusive of this Section, and otherwise conforms to the requirements of Section 5 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his or her determination is in the negative, he or she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his or her negative determination is reversed on appeal, he or she shall give written notice of such Decertification or Recognition Petition to the incumbent exclusively recognized employee organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation.
Such election shall be conducted in conformance with this Article II. (B) Employee Relations Officer Ordered Election.
The Employee Relations Officer may, on his or her own motion following the first full year of recognition, when he or she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he or she will arrange for an election to determine that issue. In such event, any other employee organization may, within fifteen (15) days of such notice, file a Recognition Petition in accordance with this Article 11, Section 10, which the Employee Relations Officer shall act on in accordance with this Section 10.
Section 11. Policy and Standards for Determination of Appropriate Units.
The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public; and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest.
In considering whether classifications share an identifiable community of interest, the following factors shall be considered:
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
(A) Similarity of the general kinds of work performed, types of qualifications required, levels of responsibility, and the general working conditions; (B) History of representation in the City, and similar employment, except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized; (C) Consistency with the organizational patterns of the City; (D) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units; and
(E) Effect on the classification structure and impact on the stability of the employeremployee relationship of dividing a single or related classification among two or more units.
Notwithstanding the foregoing provisions of this Article 11, Section 11, managerial, supervisory and confidential responsibilities, as defined in this Resolution, are determining factors in establishing appropriate units hereunder, and therefore, managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of Article II, Section 12.
Section 12. Procedure for Modification of Established Appropriate Units.
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only following the first full year of recognition. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth for a recognition petition, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth to determine appropriate units. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article ll.
The Employee Relations Officer may, on Employee Relations Officer's own motion, propose during the period specified in Section 10 of this Article that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of this Article 11, and shall give written notice of such determination to the affected employee
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
organizations. The Employee Relations Officer's determination may be appealed as provided in this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units, if any.
Section 13. Appeals.
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II may, within ten (10) days of notice thereof, request the intervention of the California State Mediation and Conciliation Service, pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings, pursuant to Government Code Sections 3507.1 and10 3507.3, whichever is later.
An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 5); Challenging Petition (Section 7) or Decertification Recognition Petition (Section 10) - or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) - has not been filed in compliance with the applicable provisions of this Article may, within ten (10) days of notice of such determination, appeal the determination to the City Council for final decision.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third-party hearing process or consider the matter itself pursuant to written briefs or an informal hearing process. Any decision of the City Council on the use of such procedure, and/ or any decision of the City Council determining the substance of the dispute shall be final and binding.
ARTICLE Ill -ADMINISTRATION
Section 14. Submission of Current Information by Recognized Employee Organizations.
All changes in the information filed with the City by an exclusively recognized employee organization under items (1) through (8) of its Recognition Petition shall be submitted in writing to the Employee Relations Officer within ten (10) days of such change.
Section 15. Employee Organization Activities - Use of City Resources.
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in the Memorandum of Understanding and/or administrative procedures, and shall be limited to lawful activities consistent with the
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.
Recognized employee organizations may use portions of City bulletin boards under the following conditions:
(A) All materials must receive the approval of the Employee Relations Officer. (B) All materials must be dated and must identify the organization that published them.
(C) The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the posting date. Materials which the Employee Relations Officer considers objectionable will not be posted. (D) The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials. (E) An employee organization that does not abide by these rules will forfeit its right to have materials posted on City bulletin boards.
Section 16. Administrative Rules and Procedures.
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.
ARTICLE IV- IMPASSE PROCEDURES
Section 17. Initiation of Impasse Procedures.
If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer.
The purpose of such meeting shall be:
(A) To identify and specify in writing the issue or issues that remain in dispute; (8) To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and
(C) If the impasse is not resolved , to discuss arrangements for the utilization of the impasse procedures provided herein.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
Section 18. Impasse Procedures.
Impasse procedures are as follows:
(A) If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private and nonbinding, unless otherwise specifically, mutually agreed to in writing. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
(B) If the parties fail to agree to mediation or to a mediator, or having so agreed, fail to resolve the dispute through mediation, an Exclusively Recognized Employee Organization may request fact-finding as described in Section 20 below.
(C) Consistent with the MMBA, after any applicable impasse procedures have been exhausted, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City's last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding.
Section 19. Costs of Mediation
The costs for the services of a mediator utilized by the parties, and any other mutually incurred costs of any impasse procedures, shall be borne equally by the City and the Exclusively Recognized Employee Organization. Separately incurred services or costs shall be borne by the party incurring the cost.
Section 20. Request for Fact-finding
An Exclusively Recognized Employee Organization may request that the parties' differences be submitted to a fact-finding panel consistent with the MMBA.
ARTICLE V - MISCELLANEOUS PROVISIONS
Section 21. Construction.
This Resolution shall be administered and construed as follows:
(A) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law. (B) This Resolution shall be interpreted so as to carry out its purposes as set forth in Section 2 of Article I.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
(C) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work which poses an imminent threat to public health and safety. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit any rights accorded them under law or contract. The rights, powers, and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution.
Section 22. Memorandum of Understanding.
When the meeting and conferring process is concluded between the City and a formally Exclusively Recognized Employee Organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives. As to those matters within the authority of the City Council, the memorandum of understanding shall be submitted to the City Council for determination.
To the extent of a conflict between this Resolution and a current Memorandum of Understanding adopted by the City Council, the Memorandum of Understanding shall prevail.
Section 23. Reasonable Time Off To Meet and Confer.
The City and the Exclusively Recognized Employee Organization shall agree on a reasonable number of employee members to attend scheduled meetings with the Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the Employee Relations Officer at least three (3) working days in advance of such meetings. Provided, further:
(A) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official; and
(8) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
Section 24. Availability of Data.
The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250-6260.
Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable.
Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source.
Nothing in this rule will be construed to require disclosure of records that are:
(A) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (B) Working papers, notes or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (C) Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled; and
(D) Nothing in this rule shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City.
Section 25. Severability.
If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
THEREFORE, BE IT FURTHER RESOLVED that Resolution No. 71-8 is hereby repealed.
Resolution 2022-20 - Employer-Employee Relations and Rules and Regulations
April 6, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on April 6, 2022.
oa, CMG, City Clerk
City of Norco, California
<~ G~on~yor
City of Norco, California
I, DANA ROA, CMG, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on April 6, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEWTON, GRUNDMEYER, ALEMAN, BASH, HOFFMAN
NONE
NONE
NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal ity of Norco, California, on April 6, 2022 .
...__,l't.Jc:w._,a Roa, CMG, 1 y Clerk
City of Norco, California
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Cancel City Council Regular Meeting of September 7, 2022 and schedule City Council Special Meeting on September 6, 2022.
RECOMMENDATION:
Cancel City Council Regular Meeting of September 7, 2022 and schedule City Council Special Meeting on September 6, 2022.
SUMMARY:
It is being proposed to the City Council that the September 7, 2022 Regular City Council Meeting be cancelled due to conflict with the League of California Cities 2022 Annual Conference and reschedule as a Special Meeting on Tuesday September 6, 2022.
FISCAL IMPACT:
Not applicable.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 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
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Execution of a Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N1C Extension 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-1C Extension Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors.
SUMMARY:
Staff is recommending approval of the Cooperative Funding Agreement with Riverside County Flood Control & Water Conservation District (RCFC&WCD) for the Norco MDP Line N-1C Extension Storm Drain Project and authorize the Mayor to execute the agreement.
BACKGROUND:
The City of Norco is currently preparing plans and specifications for the construction of the Norco MDP Line N-1C Storm Drain Project located on Pedley Avenue between Sixth Street and Seventh Street (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facility. 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 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 $725,151.
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-1C Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-2027. Funds in the amount of $485,000 ($450,000 for construction and $30,000 for design costs – project number 4214.37; 129.935.43180 & 129.935.43180.30) have been budgeted for the project. Due to unforeseen potential costs related to increased material and labor costs the not-to-exceed Cooperative Funding Agreement amount has been increased to $725,151 which exceeds the CIP budgeted amount. The 2023-2027 CIP budget was amended by resolution and approved by City Council at their July 6, 2022 meeting to adjust the budget to correspond with the Cooperative Funding Agreement not-to-exceed amount.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line N-1C Extension Storm Drain Project is consistent with Strategic Direction #5 – 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
Funding Agreement
(PROPOSED) LAT N-1C EXTENSION LAT N-1C (EXISTING)
244865
- 1 -
FUNDING AGREEMENT
Norco Lateral N-1C Extension
Project No. 2-0-10035
This 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 municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Lateral N-1C Extension (LATERAL N-1C); and
B. These IMPROVEMENT PLANS generally consist of the following:
1. LATERAL N1-C EXTENSION: A storm drain to provide flood protection to properties along Pedley Avenue which will consist of an underground storm drain approximately 1,166 lineal feet of 36- inch maximum diameter pipe that will convey flows within Pedley Avenue north to the existing LATERAL N-1C and
2. Certain inlets, catch basin, connector pipes associated with LATERAL N-1C which will be constructed to adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, LATERAL N-1C and APPURTENANCES are hereinafter called "PROJECT"; and
D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2022/2023; and
244865
- 2 -
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of the DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (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. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and F. Certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding towards the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITALS K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with 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; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN
CONTRIBUTION"). However, DESIGN CONTRIBUTION shall
244865
- 3 -
not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare the IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative cost associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION
CHANGE ORDERS CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION, and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
244865
- 4 -
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151); and
L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL 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 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. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) for PROJECT.
3. Prepare or cause to be prepared improvement plans, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of improvement plans to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and
244865
- 5 -
(ii) DESIGN ADMIN, and DISTRICT CONTRIBUTION shall not exceed a total sum of Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) for PROJECT.
5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Contract Services 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 lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY rights of way which may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if
244865
- 6 -
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.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
13. 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.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with CITY's CONTRACT ADMINISTRATION CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may
244865
- 7 -
be necessary, to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.
17. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CITY's CONTRACT ADMINISTRATION CONTRIBUTION and, if applicable, CITY's CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) for DISTRICT review.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY's invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed, Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.
3. Not be responsible to pay any amounts that exceed the TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
244865
- 8 -
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Seven Hundred Twenty-Five Thousand One Hundred and Fifty-One Dollars ($725,151) and shall be used by CITY solely for the purpose of constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
244865
- 9 -
5. 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.
6. This Agreement is to be construed in accordance with the laws of the State of California. 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 this Agreement shall be tried in 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.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other party.
7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. 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:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division
9. 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 importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other
244865
- 10 -
breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards PROJECT as set forth herein. In the event such funds are not forth coming 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.
12. 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 or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. 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.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same 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
244865
- 11 -
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.
//
//
244865
- 12 -
IN WITNESS WHEREOF, the Parties hereto have executed this Funding 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 HARPER
Clerk of the Board
By
SYNTHIA M. GUNZEL
Chief Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement w/City of Norco
Norco Lateral N-1C Extension
Project No. 2-0-10035
07/19/2022
LHM:rlp
244865
- 13 -
RECOMMENDED FOR APPROVAL: CITY OF NORCO
By
GREG NEWTON
Mayor
APPROVED AS TO FORM: ATTEST:
By
JOHN HARPER
City Attorney
By
DANA ROA
City Clerk
(SEAL)
Funding Agreement w/City of Norco
Norco Lateral N-1C Extension
Project No. 2-0-10035
07/19/2022
LHM:rlp
RECOMMENDED FOR APPROVAL on August 3, 2022:
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: City Council
SUBJECT:
Approval of a three-year Professional Services Agreement with RSG, Inc to provide the City of Norco with on-call Housing Consulting Services.
RECOMMENDATION:
Approve a three-year Professional Services Agreement with RSG, Inc. to provide the City of Norco with on-call Housing Consulting Services.
SUMMARY:
For the FY 2022-2023 Budget, the City Council approved $100,000 for consulting services related to the administration and implementation of housing related programs and projects. Staff is requesting approval of a Professional Services Agreement with RSG, Inc. (RSG) to provide the City with on-call, as needed, housing consulting services for the administration and implementation of housing related programs and projects.
BACKGROUND:
RSG recently evaluated the City’s options for spending available housing funds and disposing of Housing Successor properties within related legal restrictions based on the City’s housing needs and priorities, available assets, the estimated revenue stream from loans receivable, review of existing housing programs, and available housing properties.
With over 40 years of experience in the areas of affordable housing finance and development, fiscal health, and community engagement, RSG has assisted with, or undertaken on behalf of former cities, counties, redevelopment agencies, and housing authorities, every aspect of the development and administration of affordable housing programs and projects. RSG has substantial experience in formulating viable affordable housing implementation strategies, including technical reviews, financial deal structuring, developer negotiations, and implementation programs and projects using multiple local, state, and federal funding sources.
The dissolution of Redevelopment in 2012 depleted a major funding source for affordable housing throughout the State. Public agencies and non-profit service providers have to be creative and determined in finding new ways to fund affordable housing and meet the Regional Housing Needs Allocation (RHNA) requirements. RSG possesses the broad knowledge and experience necessary to assist the City of Norco with navigating the complexities of creating and preserving affordable housing in today’s climate.
Staff is recommending that the City Council approve a three-year professional services agreement with RSG. The following is a brief summary of potential services that RSG can assist the City with:
• Review And Preparation of Annual Compliance Monitoring Reports for existing affordable projects in the City or Norco.
• Redevelopment Agency Housing Successor Annual Report. Pursuant to redevelopment agency dissolution, HSC Section 34176.1 created a new requirement that successor housing entities provide an annual report beginning in 2014 that details compliance with the expenditure limitations specified in HSC Section 34176.1 during each five-year compliance period. • Asset Disposition and Development Efforts. RSG will be available to assist staff with evaluating disposition and development options consistent with Council direction and the City’s affordable housing objectives. • Negotiation/Review of Affordable Housing Agreements and compliance. • State Housing Grants Program Applications. RSG will help the City identify and apply for available grants applicable to the City’s efforts to further the advancement of affordable housing within the community.
• Project Development Assistance. RSG will provide staff with project development assistance for potential affordable housing projects funded by local housing resources (e.g. HOME, Housing Authority, Housing Successor). • General As-Needed Services. The City has multiple responsibilities related to asset management and property disposition and development, and many needs may arise that are impossible to predict in advance. RSG will assist with general as-needed services for miscellaneous items and studies as requested by staff.
This may include items related to the implementation of programs, policies, and priorities identified in the City’s Housing Element.
Based on the the list of potential services listed above, RSG should be instrumental in assisting the City with the following housing related priorities:
• The veterans housing project to include items such as project management, finding funding sources etc.;
• Follow up items on the Inclusionary Housing Ordinance such as the In-Lieu Fee Study;
• Administering a proposed affordable housing component on any new project (i.e.
Norco Valley Square, potential project at Second Street and River Road, and any other housing in the HDO zone); and
• Implementation of the Housing Plan Programs in the 2021-2029 Housing Element such as:
o Creating a program to incentivize the creation of deed restricted ADUs for low and extremely low income households;
o Creating a program to identify unpermitted ADUs to bring them into compliance and to investigate available incentives such as fee waivers and permit expediting;
o Seeking and applying for funding for home rehabilitation; etc.
FISCAL IMPACT:
The cost for housing related contractual services was funded in the FY 2022-2023 Operating Budget. The cost for the services with RSG will be on-call/hourly, and cannot exceed the budget approval unless approved by the City Council.
RELATIONSHIP TO STRATEGIC PLAN:
The administration and implementation of housing related programs and projects is consistent with State law and consistent with Strategic Direction #3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
RSG Inc Proposal
Agreement
June 27, 2022 Via Electronic Mail
Alma Robles, Planning Director
City of Norco
2870 Clark Ave.
Norco, CA 92860
PROPOSAL FOR ON-CALL HOUSING CONSULTING SERVICES
Dear Ms. Robles:
In response to your direct request, RSG, Inc (“RSG”) is pleased to present the City of Norco (“City”) with our proposal for assisting the City with on-call, as needed housing consulting services.
RSG recently evaluated the City’s options for spending available housing funds and disposing of Housing Successor properties within related legal restrictions based on the City’s housing needs and priorities, available assets, the estimated revenue stream from loans receivable, review of existing housing programs, and available housing properties.
With over 40 years of experience in the areas of affordable housing finance and development, fiscal health, and community engagement, RSG has assisted with, or undertaken on behalf of former cities, counties, redevelopment agencies, and housing authorities, every aspect of the development and administration of affordable housing programs and projects. We have substantial experience in formulating viable affordable housing implementation strategies, including technical reviews, financial deal structuring, developer negotiations, and implementation programs and projects using multiple local, state, and federal funding sources. We work closely with City staff to formulate precise, accurate, and project-specific solutions and analyses.
The principal in charge and point of contact for this engagement is Tara E. Matthews. Should you wish to discuss any of the information presented or have questions, please feel free to contact me at (714) 316-2111 or [email protected].
Sincerely,
RSG, Inc.
Tara E. Matthews, Principal
Alma Robles, Planning Director
City of Norco
June 27, 2022
COMPANY BACKGROUND
RSG is a creatively charged counterpart to public agencies. We work with the people responsible for creating vibrant places to accomplish their goals. The inspired leaders at RSG create stronger communities capable of achieving bolder futures by bringing four decades of native knowledge to each engagement. As diverse as the agencies we work with, our services span real estate, economic development, fiscal health, and housing initiatives.
RSG is a California-based, Subchapter “S” corporation. Founded in 1979, the firm provides a wide array of community development consulting services to local government organizations and private entities. The firm is managed by principals Jim Simon and Tara Matthews. We have over 20 total employees and maintain three offices in California, including our main office in Irvine and two satellite offices in Berkeley and Vista. Our website is www.webrsg.com.
RSG’s federal taxpayer identification number is 95-343-5849 and State taxpayer identification number is 27600915. RSG is also a State certified Small Business Enterprise (SBE - 2006876 DGS).
Mission Statement:
RSG creates solutions to enhance communities' physical, economic, and social future.
Core Values:
Our core values define who we are as people and the standards by which we provide services to our clients.
Alma Robles, Planning Director
City of Norco
June 27, 2022
RSG QUALIFICATIONS
At RSG, we believe housing is a basic human right and the foundation of a stable and successful community. We are passionate about creating opportunities for residents to live in housing they can afford, helping to provide the necessary platform to nurture and protect quality of life for all residents. RSG understands the critical role that housing and in particular, affordable housing, for all income levels plays. Affordable housing is the key to providing residents with the income to support other needs and stimulate economic development in their communities, allowing children a safe place to return to after school and a greater chance of attaining educational success, and allowing individuals a place to call home and recharge after work. Without an adequate supply of affordable housing, communities are deprived of the opportunity to thrive and issues like homelessness, overcrowding, and economic decline can take hold.
We see our role as technicians, advisors, and extensions of staff to local governments and developers, sharing a common vision of producing and maintaining healthy and affordable housing in communities. As practitioners, we know firsthand that there is no one-size-fits-all solution to the State’s housing crisis and are ready to dig in and help our clients find solutions that work best for them. RSG’s housing clients have included cities, counties, housing successor agencies, housing authorities, and developers. We have experience working in coastal communities, major cities, urban areas, Central Valley agricultural communities, islands, and rural areas from Southern to Northern California. We are adept at brainstorming and developing strategies and programs, implementing and overseeing affordable housing programs and developments, performing complex affordable housing underwriting, identifying gap financing resources, and ensuring compliance with State and Federal guidelines.
We are not only consultants in the field, but leaders in the industry as well. As active policy committee members of the San Diego Housing Federation and the Non-Profit Housing Association of Northern California, we give a voice to the challenges our clients and communities face in the State by influencing legislative initiatives. We collaborate with industry leaders, other consulting firms, and community stakeholders throughout the State to share local success stories, build capacity and broader successes in the State, and remove impediments to communities’ ability to reach housing goals. Like you, we hope to solve the housing crisis in the State and live in communities where all populations are adequately served and housed. We know there is a ton of work to do and here at RSG we are ready to roll-up our sleeves up and get to it!
Creating and Achieving Strategic Planning Goals
Affordable housing can uplift and transform a community not only through elevating residents’ quality of life, but also, increasing diversity, improving neighboring property values, and attracting more businesses and jobs. Understanding community needs and the role strategic planning plays is a key step in advancing the development of affordable housing. RSG evaluates community needs by understanding State and Federal housing goals and requirements, evaluating local housing element goals and RHNA requirements, evaluating
Alma Robles, Planning Director
City of Norco
June 27, 2022
local market opportunities and constraints, assessing local community demand and demographics, and understanding local politics and staffing resources.
RSG fully understands the nuances involved in developing both short- and long-term affordable housing strategies and market studies. We help our clients identify appropriate development programming alternatives, explore policy implementation, and identify available financial and real property resources to help reach goals. We work closely with our clients to formulate precise, accurate, and project-specific solutions and analyses.
Affordable Housing Underwriting and Gap Financing Resources Developing affordable housing is more of an art than a science and each project comes with its own unique issues to ensure that gap financing is secured. We work behind the scenes to help our clients navigate through the complex task of developing affordable housing. RSG advises on crafting appropriate development programs, including funding assistance strategies that balance the developer and community’s interests. Development programming evaluations are performed to identify financially feasible opportunities and examine alternatives that will result in projects having long-term economic viability while fulfilling the community’s development goals and objectives. Based on our long-standing relationships with the State’s community development field, we can identify and facilitate meetings with the affordable housing community to assist in project financing.
RSG has experience with single-family ownership, multifamily rental apartments, and mixeduse development projects that leverage multiple funding sources, including housing asset funds (LMIHAF), State and federal low-income housing tax credits (LIHTC), and other local funding sources, such as HOME, CDBG, PHC, NSP, HOPE VI, MHP, AHP, and inclusionary housing in-lieu fees, as well as other resources. We guide our clients through the financing process to best leverage local public financial assistance.
Real Estate Development Programming and Transaction Structuring Nothing substitutes for knowledge, creativity, and experience when negotiating agreements for affordable housing transactions. In-depth knowledge of applicable laws and regulations, including requirements under the Government Code and other State and federal real estate regulations, coupled with broad experience in preparing development agreements are essential to bringing a project to life. RSG has assisted clients in programming analyses, assembling sites, relocating residents, soliciting developer proposals, and negotiating and drafting disposition agreements. Our staff is well versed in navigating the landscape of real estate in the sphere of affordable housing and we possess the insight and expertise required to help our clients make informed decisions and execute transactions with certainty.
Program Administration
Affordable housing helps to support the physical, mental, and social well-being of residents and therefore, residents often look to their communities for local support to secure, maintain, and provide affordable housing. RSG is well versed in developing and facilitating affordable housing programs, having assisted many communities with establishing rehabilitation loan programs and first-time homebuyer programs. We work with our clients to tailor programs to the specific needs of the community and identify financial resources to fund such programs.
Alma Robles, Planning Director
City of Norco
June 27, 2022
We monitor and track available funding sources that could be resources to local communities to ensure that we always keep a pulse on the industry. Our team is proficient in working with lenders to ensure homebuyer eligibility and working collaboratively to execute loan documents. Our services span from program design to program implementation. We work closely with our clients to help formulate programs and processes that best fit the overall housing needs of their communities.
State and Federal Regulatory Compliance
We understand that regulatory compliance and reporting is a critical aspect of a local government’s housing responsibilities. Our redevelopment agency roots have positioned our team well to address regulatory compliance and reporting needs. Understanding this work can be burdensome, time-consuming, and complex for some communities, RSG works closely with our clients to ensure that all annual reporting for Housing Successor Agencies, Housing Authorities, and Cities is completed each year. As the State legislature continues to tighten up on local government housing production and compliance with annual reporting and regulatory compliance, it is imperative that reports accurately reflect community progress towards meeting housing goals.
We have hands-on experience in the administration of public agencies’ affordable housing activities for multi-family rental projects and homebuyer assistance programs. RSG ensures that program and project operations are consistent with an applicable bond or other applicable financing provisions, including oversight of a project’s financial status, tenant income recertifications, and affordability requirements, together with annual compliance monitoring and regulatory reporting. We understand the importance of these reporting tools and assist our clients with getting into and maintaining compliance. We strive to have all of our clients audit-ready and off any State “naughty list”! Additional Housing Consulting Services
RSG is highly experienced in providing additional direct and indirect staffing and housing consulting services for the following:
• Down Payment Assistance Programs
• Relocation Assistance and Monitoring
• Major and Minor Housing Rehabilitation Programs
• Preparing Local, County, State, and Federal Reports
• Rental Calculations, Income Limit Verification
RSG has been in the affordable housing arena for over 40 years and intimately understands what it takes to see a project come to fruition and maintain affordability. Aside from our indepth experience in multiple facets of affordable housing, we see providing housing services as an opportunity to embrace, inspire, and create the changes so desperately needed and deserved in communities all across the State. To put it simply, we are passionate about affordable housing!
Alma Robles, Planning Director
City of Norco
June 27, 2022
RSG TEAM
RSG dedicates a Principal to each project assignment and creates a core group of project managers and staff who work on the individual assignments on a consistent basis throughout all stages of the contract engagement. Our staff is focused, committed, and passionate about the work we do. We conduct our engagements around our Core Values and are proud of it.
We pride ourselves on our ability to appropriately allocate our time and resources to ensure that a project is completed on time and within budget.
This engagement will be led by Tara Matthews, Principal-in-Charge. Ms. Matthews would be assisted by RSG staff member Brandon Fender, Associate, and additional RSG staff may be assigned as needed. Resumes of key staff are included on the pages that follow.
TARA MATTHEWS
Principal & Vice President
714.316.2111
[email protected]
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
“I enjoy problem solving and
working with people who
make things happen to
improve their community.
Seeing a project that I worked
on come to fruition is very
exciting. I can say, “I helped
make that happen!”
OUT & ABOUT
San Diego Housing
Federation/Policy Committee
and Conference Speaker
The Kennedy Commission
California Association for
Local Economic Development
California Property Tax
Managers Association, Annual
Conference Speaker
California State Municipal
Finance Officers, Speaker
Non-Profit Housing
Association of Northern
California
SCANPH
Housing California
ABOUT TARA
Driven by the passion to improve the lives of all sectors of a community, Tara expertly navigates projects with a comprehensive knowledge of community development, affordable housing, and economic development. The complexity of her projects includes property acquisition and relocation services, development impact fee analyses, and the creation and monitoring of affordable housing projects. Tara is skilled at client collaboration, strategic planning, research and analysis, financial projections, report writing, and outreach.
EDUCATION
Tara joined RSG in 2004. She received a BS in Earth Sciences at the University of California, Santa Cruz, and a Certificate in Urban Planning and Development from the University of California, San Diego. Tara is an active member of the San Diego Housing Federation and serves on its Policy Committee. She shares her knowledge and proficiency in municipal finance, economic development policy analysis, and real estate to advance client and community objectives.
RECENT ENGAGEMENTS
Completed a comprehensive review of the City of Norco’s housing priorities, financial resources, and existing affordable housing programs compliance.
Provided multiple affordable housing services to the County of Orange, including underwriting and subsidy layering analyses, annual reporting and compliance, and updates to policies and procedures for the HOME, ESG, CoC and CDBG programs.
Provided interim staffing services for the City of Carson, acting as the Interim Housing Program Manager for the City’s mobilehome rent control program.
Negotiate development, affordable housing, and loan agreements between public agencies and housing developers, most recently in Orange County, Pinole, Merced and Murrieta.
Evaluated affordable housing refinance and resyndication requests for Avalon, El Cajon, Inglewood, La Palma, Merced and Murrieta.
Assisted the Palmdale Housing Authority with the purchase of a property proposed to be developed with affordable housing.
BRANDON FENDER
Associate
714.316.2106
[email protected]
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
“I enjoy creating equitable
and sustainable urban spaces
for communities. I thrive in a
challenging environment and
seek to provide innovative
solutions.”
OUT & ABOUT
Advisory Board member for
the CALAFCO Legislative
Committee
International Council of
Shopping Centers
San Diego Housing Federation
Non-Profit Housing
Association of Northern
California
Housing California
ABOUT BRANDON
Brandon specializes in providing support in real estate feasibility, economic and fiscal impact analyses, and housing administration. He is most engaged when his research translates to solutions for local governments and access to healthy and safe environments for their citizens.
In 2014, Brandon became an entrepreneur, starting the Good Beer Company, the first brewery and tasting room in Santa Ana. After five years of success from concept, to business plan and fundraising, to opening a warehouse location, Brandon sold the brewery and returned to RSG, with a direct appreciation for the life of the small business owner which he applies to his work at the firm.
EDUCATION
Mr. Fender initially joined RSG in 2009 while attending the University of California, Irvine where he earned a BA in Social Ecology. As a member of numerous project teams, Mr. Fender gained experience in housing administration, economic and market analyses, housing construction and development, municipal finance, and development feasibility.
RECENT ENGAGEMENTS
Analyzed and made recommendations for affordable housing programs and resources of the City of Norco’s Housing Successor Agency based on recent legislative changes, local demographics, supportable monthly housing costs, future RHNA allocation, existing housing assets, and excess surplus projections.
Conducted HOME subsidy layering analyses in conjunction with neighborhood standards reviews for the County of Orange Department of Housing and Community Development that demonstrated the necessity of the subsidy for the rehabilitation and development of affordable housing.
Prepared underwriting analyses for County of San Diego Health and Human Services Agency’s Innovative Housing Trust Fund resulting in rehabilitation of existing units and development of new affordable housing units.
Reviewed and analyzed a housing developer’s pro forma and financing proposal to extend existing affordable housing covenants and fund the rehabilitation and future operation of a non-contiguous multi-family housing project for the City of Avalon.
Alma Robles, Planning Director
City of Norco
June 27, 2022
SCOPE OF SERVICES
The need for affordable housing is greater than ever. It is a topic that is repeatedly discussed in news articles and talk shows. In addition to assisting residents, affordable housing is essential to the growth of the local economy as employers need to attract and retain employees who can afford to live nearby. And yet, the ability to fund and create affordable housing is harder than ever. The dissolution of redevelopment in 2012 depleted a major funding source for affordable housing throughout the State. Public agencies and non-profit service providers have to be creative and determined in finding new ways to fund affordable housing and meet RHNA requirements. RSG possesses the broad knowledge and experience necessary to assist the City of Norco with navigating the complexities of creating and preserving affordable housing in today’s climate.
The following details several potential services that RSG can assist the City with.
Review And Preparation of Annual Compliance Monitoring Reports RSG understands the annual compliance reporting requirements. Monitoring services will include:
1. Conduct an audit of each affordable housing project including tenant file review
2. Conduct property inspections as needed to identify violations pertaining to health and safety, building code, and unit habitability standards as identified in the Housing Quality Standards.
3. Review and ensure the annual compliance report is accurately demonstrating the alignment of the tenant file data/contents.
4. Analyze tenant’s income eligibility and gross rents are complying with the State or Federal published income and rent limits, along with the requirements of the corresponding project agreement.
5. Review for accuracy and completeness corresponding forms as required by the controlling agreement such as:
• Tenant application, recertifications, lease, addendums, rent documentation and certificate of program compliance.
6. Prepare a report to the City and property management/owners on the status of each project monitored. The report identifies all key areas monitored such as:
• Project overview, unit set-aside designation by area median income, program compliance, tenant documentation, income and rent analysis • Follow-up with any corrections and recommendations noted in the report findings, by working with the property managers/owners to bring project into full compliance with the City’s project agreement
Redevelopment Agency Housing Successor Annual Report
Pursuant to redevelopment agency dissolution, HSC Section 34176.1 created a new requirement that successor housing entities provide an annual report beginning in 2014 that
Alma Robles, Planning Director
City of Norco
June 27, 2022
details compliance with the expenditure limitations specified in HSC Section 34176.1 during each five-year compliance period. The Housing Authority’s Housing Successor Compliance Report will include information regarding the following real property, Housing Fund encumbrances, loans, and deferrals reported on the City’s Housing Assets Transfer (“HAT”) form:
• Land held for development of low/moderate income housing; • Housing Fund encumbrances;
• Loans/Grants Receivables; and
• Deferrals.
As required by HSC Section 34176.1, the Housing Successor Compliance Report will provide the following information:
• The amount deposited into the Housing Fund;
• A statement of the balance of the Housing Fund;
• A description of expenditures by category;
• The statutory value of real property;
• A description of transfers;
• A description of projects that receive funding through the Recognized Obligation Payment Schedule (ROPS)
• The status of properties pursuant to the five-year disposition period; • An update on the inclusionary and replacement housing obligation; • Compliance with expenditures in the five-year period; • The percentage of senior deed-restricted units; and
• The amount of excess surplus.
Upon completion, the Housing Successor Compliance Report will be submitted to HCD by the December 31deadline.
Disposition and Development Efforts
RSG will assist staff with evaluating disposition and development options consistent with Council direction and the City’s affordable housing objectives. RSG is familiar with the City’s various housing assets and the legal restrictions associated with the expenditure of Low and Moderate Income Housing Asset Funds (“LMIHAF”).
RSG is also familiar with Surplus Land Act requirements and can assist the City with nonhousing successor property disposition activities. As needed, we will assist the City with strategizing how to meet its affordable housing goals while ensuring compliance with any legal restrictions.
Negotiation/Review of Affordable Housing Agreements
Alma Robles, Planning Director
City of Norco
June 27, 2022
RSG will conduct negotiations directly with the property owner(s), business owner(s), and tenants/lessees, or their appointed representatives, for the purchase of the property interests and rights to be acquired. Negotiations will be conducted in a professional manner, while sensitive to the needs of the affected parties. RSG will coordinate with the City’s legal counsel for the preparation, review and approval of all acquisition agreements and other required documents (such as agreements, grant deeds, quitclaim deeds, assignment of leases, estoppel certificates, etc.) for the purchase of the property interests and rights in accordance with federal, state, and county regulations.
RSG will review affordable housing agreements as needed to analyze conditions, terms, covenants, and affordable housing restrictions. If needed, RSG will negotiate financial deal points to be included in any agreement between a developer and the City/Housing Authority. To ensure consistency between agreed upon deal points and documents, RSG will review and provide comments on any agreements.
RSG will advise and support staff as needed on affordable housing-related questions or issues as they arise. Affordable housing efforts are intricately linked to other fields such as real estate, finance, and economic development. We pride ourselves on being a trusted adviser to clients and are available to answer questions on a wide range of topics based on our broad experience.
Agreement Compliance
Project Agreement Summaries: RSG can develop project agreement forms to help identify key components in a summary style document of the required monitoring. The summary forms are ideal to quickly access the information of the upcoming schedule of monitoring and easily prepare the necessary documents. Information in the summary forms would be:
• Agreement milestone dates
• Financial reporting requirements
• Annual reporting information
• Required owner obligations
Residual Receipts Review and Reconciliation: RSG can provide financial audit services to ensure compliance pursuant to affordable housing agreements and loan documents. This ensures the City is receiving the correct amount of residual receipts payments owed to them under loan documents. RSG would undertake the following tasks to review payments owed from each applicable property:
• Review Affordable Housing Agreements and Loan Documents to confirm which properties owe loan payments from residual receipts. Each loan agreement will have individual terms for making residual receipt loan repayments from what is typically referred to as “net cash flow”, or revenues less operating expenses and qualified debt.
RSG will prepare a brief loan term summary sheet for each property that has an outstanding residual receipts loan that outlines how net cash flow is defined and annual loan repayments are calculated.
Alma Robles, Planning Director
City of Norco
June 27, 2022
• Perform audits of project financial statements covering the past 1-2 years for each property with outstanding residual receipt loans. Additional years may be examined if it appears that there are significant variances on what was paid versus what should have been paid to the City. The review audits would focus primarily on the Financial Statements’ “Statements of Operations” and related information in attached schedules.
• Prepare a cash flow analysis to determine residual receipt revenue for each project. The cash flow analysis would itemize rent revenues and other income for the project’s operations, and the annual operating expenses paid from the total income received, as well as any other costs including deposits to operating and replacement reserve accounts.
• Calculate periodic payments of principal and interest including deferred interest, and participation payments including residual receipts payments in accordance with the applicable terms and conditions of the agreements.
• Provide a historic summary of operating cash flows to identify all amounts to be paid to the City pursuant to each property’s repayment obligation, while also tracking the project’s continuing operating feasibility.
• Prepare a memo summarizing audit findings and any issues to discuss with Property Owners.
• If requested, RSG could meet with the City and Property Owners to discuss any variances in the methodology for calculating residual receipt revenue and any other concerns that may arise from review of the Financial Statements. Our role would be to foster communication that allows both parties to come to resolution on how the calculation should be performed. The fee for this optional service would be charged on a time and materials basis with staff’s authorization as budget permits.
State Housing Grants Program Applications
RSG will help the City identify and apply for available grants applicable to the City’s efforts to further the advancement of affordable housing within the community. RSG has successfully assisted a number of cities with applying for and obtaining SB2 Year 1 Planning Grant funding.
RSG has assisted a number of cities applying for Local Early Action Planning grant program funding and Permanent Local Housing Allocation grant program funding. RSG’s grant program application services will begin with notifying the City of grant programs that may be of assistance in providing funding to accelerate affordable housing. Upon identifying an applicable grant, we will work closely with City staff to identify eligible projects and potential uses for grant funding.
RSG can review the grant program and application guidelines in combination with the City’s affordable housing needs and provide the City with an assessment of activities eligible for grant funding. Based on our suggestions and any additional activities the City is pursuing, RSG will draft the scope of work for the chosen activities. Additionally, with input from the City, we will draft the remainder of the grant application. The City will be responsible for obtaining a
Alma Robles, Planning Director
City of Norco
June 27, 2022
signed resolution and coordinating public meetings and notices related to the grant funding should those be required. Once all application requirements have been met, RSG will submit the application on behalf of the City. Upon the award of funding, RSG will be available to provide assistance to the City in implementing and facilitating the activities identified in the application scope.
Project Development Assistance
RSG will provide staff with project development assistance for potential affordable housing projects funded by local housing resources (e.g. HOME, Housing Authority, Housing Successor). RSG can assist the City with planning, analysis, and implementation tasks associated with the utilization of housing funding. Services include:
1. Project Planning: RSG will assist staff with evaluating expenditure and property disposition options consistent with Council direction and the City’s affordable housing objectives. RSG is familiar with the legal restrictions associated with the expenditure of various affordable housing funding sources and property disposition processes, including the Surplus Land Act. We will assist the City with planning and strategy activities that will assist the City in meeting its affordable housing goals while ensuring compliance with any legal restrictions. RSG would assist staff as needed with identifying projects eligible and appropriate for funding use.
2. NOFA/RFP Preparation: RSG will then draft and issue a NOFA/RFP that will help the City assess developer qualifications and detail selection criteria. Selection criteria may include, but is not limited to:
o Expertise and experience of the development entity and team in designing and constructing high quality affordable housing projects.
o Vision and design for a market-feasible affordable housing project that implements the City’s vision for the community and promotes the community character of Norco.
o Economic viability and financial strength of the proposed project, including marketability and feasibility.
o Experience and ability to creatively negotiate an affordable housing agreement, or other appropriate development agreement, that provides the greatest return on investment to the City.
o Financial and organizational capacity of the team to successfully complete the project, including the ability to secure financing and leverage other funding sources to build the highest quality housing project.
RSG will work with staff and legal counsel to further define selection criteria that meets the community’s goals. Once the NOFA/RFP is finalized, RSG will also assist the City with conducting an informational conference call wherein interested developers can get an overview of the topic and ask questions prior to submitting a response.
Alma Robles, Planning Director
City of Norco
June 27, 2022
3. Developer Selection: RSG can also assist the City in evaluating NOFA/RFP responses. RSG will prepare for the City’s approval a preliminary Checklist, which will guide the review process and ensure that “like comparisons” are made in terms of each proposal’s completeness and compliance with the submission requirements. RSG will review submittals and analyze pertinent data and materials provided in each developer submittal to evaluate the completeness of the proposal in accordance with the criteria and requirements identified in the NOFA/RFP. The proposal screening will be undertaken using the Checklist approved by the City to ensure consistency in the review process.
RSG’s detailed evaluations will emphasize the analysis of the development costs for the improvements based on current third-party cost data obtained from Marshall & Swift Valuation Services, our recent comparable project experience, as well as the related “indirect” construction costs identified by each developer proposal. RSG would also expect to scrutinize the developer’s assumptions to ensure that the anticipated costs, revenues, and operating and replacement reserves are realistic and not over/understated. This would include a detailed look at developer fees and deferred fees. RSG will also prepare a long-term cash flow to ensure that the prospective developer can remain solvent as an operator throughout the duration of the affordability period. Based on RSG’s detailed evaluation of the proposals, we will recommend finalists to the City and prepare interview questions to be used for the selected developers. RSG will participate in interviews along with Staff to select a developer that best meets the needs of the community.
General As-Needed Services
The City has multiple responsibilities related to asset management and property disposition and development, and many needs may arise that are impossible to predict in advance. RSG will assist with general as-needed services for miscellaneous items and studies as requested by staff. This may include items related to the implementation of programs, policies, and priorities identified in the City’s Housing Element.
Alma Robles, Planning Director
City of Norco
June 27, 2022
BUDGET
Our services for this engagement would be charged on a time-and-materials basis, with a budget to be set by the City. RSG proposes the below rate schedule for these services.
Hourly Billing Rates
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies.
However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended and the hourly rate.
Alma Robles, Planning Director
City of Norco
June 27, 2022
REFERENCES
The projects below demonstrate RSG’s experience providing services of a similar nature as those requested, including names and telephone numbers of contact persons. We encourage you to contact our references or follow up with additional questions.
Affordable Housing Services – San Diego County
RSG serves as the primary consultant for the County of San Diego Health & Human Services Agency, Housing and Community Development Services. Since 2016, RSG has provided the County with the following services:
● Underwriting – RSG has conducted the underwriting and complete technical evaluations of multiple development proposals for affordable housing projects located throughout San Diego County. In this capacity, RSG has provided services including:
○ Developer Reviews – San Diego County retained RSG to review and evaluate responses to multiple NOFAs that the County issued regarding funding available for eligible affordable housing projects. This engagement capitalizes on our experience with the HOME Investment Partnerships Program, Section 8 Rental Assistance Project-Based Vouchers (PBVs), and Project-Based Veterans Affairs Supportive Housing (VASH) Vouchers. For each project, RSG thoroughly reviews the developer’s pro forma, including construction cost estimates, proposed sources and uses of funding, income and expense assumptions, and cash flow projections.
○ Subsidy Layering Analyses – For each application, RSG performs a subsidy layering analysis to determine the project’s compliance with the strictest requirements of the various proposed funding sources. For projects proposed to be funded with TCAC funding, RSG estimates the project’s competitiveness for tax credit funding.
○ Memorandums – For each development proposal we review, RSG provides the County a memo providing our recommendation regarding the amount of County funding warranted for the project and a summary of the strengths and weakness of the project. Our memo also details the developer’s major pro forma assumptions and whether each assumption complies with County requirements and TCAC Guidelines (if applicable).
● Accessory Dwelling Unit (ADU) Subsidy Program – RSG researched existing ADU programs to identify requirements, determine outcomes and overall success of the program, identify how the program is funded, and develop best practices. Based on the information gathered, RSG determined if there was demand for the Program and then researched and analyzed ADU construction trends to assist the County in determining the financial feasibility of ADU product types. RSG prepared a detailed comprehensive report based on the collective research completed. The report provided RSG’s recommendations on the parameters, guidelines, and supporting analysis for the design of the Program.
Alma Robles, Planning Director
City of Norco
June 27, 2022
● Ramona Market Study – RSG evaluated a site located in the Ramona community plan area to determine whether it was suitable for the development of an affordable senior group home. RSG conducted a site assessment to identify the parameters by which an affordable senior group home could be developed on the site, as well as a market assessment to determine the level of local demand for this type of development. Based on our site assessment and market assessment, RSG found the property suitable for an affordable senior group housing development. RSG estimated that the property could be developed with up to 245 living units, a 60,000-square foot senior center, and a parking lot of about 245 spaces. Based on RSG’s assessment, the County moved forward with issuing an RFP to select a developer for the project. ● Homekey Review – RSG assisted the County with review of a developer’s proposal to acquire a hotel for conversion into housing. The developer proposed to partially fund the Project with HCD Homekey Program funding, as well as County funding. RSG reviewed the developer’s pro forma and provided the County a memo detailing our recommendation regarding the County funding request. The memo also summarized strengths and weaknesses of the project and our review of the pro forma assumptions.
RSG highlighted potential changes to the pro forma that could increase the project’s financial feasibility and result in less County funding needed. ● Developer Capacity Evaluation – RSG performed analyses indicating the feasibility of potential projects, highlighting whether any gap financing is needed. RSG also scrutinized the developer’s assumptions to ensure that the anticipated costs, revenues, and operating and replacement reserves were realistic and not over/understated. This included a detailed look at developer fees and deferred fees. Additionally, RSG prepared a long-term cash flow to ensure that prospective developers could remain solvent as an operator throughout the duration of the affordability period. RSG delivered a peer review pro forma analysis, consisting of detailed construction and project phasing assessment, a phasing and post-stabilization 55-year operating forecast, and various measures of return on investment based on the proposed developer’s preferred disposition of the project once developed.
Contact: Felipe Murillo, Housing Analyst / (858) 694-4807 Housing Consulting Services – City of Westminster
RSG has been providing services to the City since 2014. • Small Business Emergency Relief Grant Program – The City engaged RSG in the creation and program administration of a Small Business Recovery Grant program funded by federal CARES Act stimulus funds. The RSG team assisted with program design, marketing materials, application, and revenue certification forms. RSG also conducted the lottery to determine grant recipients, and then reviewed applications and supporting documentation to verify compliance with eligibility requirements. • Compliance Monitoring – RSG currently provides compliance monitoring services for both rental and home ownership units. For rental units, we certify that the income eligibility and rent verification comply with funding source legal requirements. For
Alma Robles, Planning Director
City of Norco
June 27, 2022
home ownership units, we verify occupancy and primary residency. We also assist with any property resale eligibility restrictions and title clearance issues. • LEAP & PLHA Grant Assistance – The City obtained RSG’s services to assist in the application process for the LEAP and PLHA Grants, both aimed at providing funding to cities to assist with promoting the development of affordable housing. RSG reviewed various funding activities and assisted the City in selecting those which would make best use of the funding while fitting the City’s affordable housing needs. Additionally, RSG assisted the City with filling out the application, coordinating the receipt of required support documentation and submitting the application.
Additionally, RSG provides on call real estate and economic development consulting services for the City.
Contact: Alexa Smittle, Community Development Director / (714) 548-3674 Housing, Real Estate, and Economic Development Consulting Services – City of South Gate Housing Authority
RSG has worked with the City of South Gate Housing Authority since 2014. Since this time, we have assisted the City on a number of engagements including:
● 9001-15 Long Beach Boulevard – RSG provided project feasibility and financial advisory services to the Housing Authority for the redevelopment of this property with Habitat for Humanity. Because of the unique nature of the ownership, RSG facilitated the creation of an ENA with Habitat that provides a framework for a combination of a mixed ownership and rental project to be operated by Habitat that fulfills a wide range of affordability, including the typically difficult to produce extremely low rental market. ● 9019 Long Beach Boulevard – RSG provided site acquisition and relocation services to the Housing Authority who is currently in the process of assembling this property for a potential second phase for the project at 9001-15 Long Beach Boulevard. As part of this, RSG evaluated marked conditions, available financing, and corresponding restrictions for the larger project. RSG’s role includes coordinating due diligence, including solicitation of environmental consultants, review of Phase II inspection reports, and advisory services to the client regarding their findings. Negotiations are ongoing with the seller due to elevated lead contamination discovered on the site. ● Inclusionary Housing – As part of the City Council’s desire to address the threat of gentrification with redevelopment in the community, RSG was asked to evaluate and present options for an inclusionary housing policy for consideration by the City. RSG conducted a review of fee levels in surrounding LA County communities, provided a policy framework to guide the rationale for an ordinance in the City, and provided informational briefings to the City Councilmembers. In June 2019, the City Council directed staff and RSG to prepare an ordinance and fee for consideration. ● Grant Application Assistance – RSG prepared the SB 2 Planning Grant for the City of South Gate, which sought to fund and/or reimburse various programmatic and procedural changes at the City to help expedite the production of all types of housing.
Alma Robles, Planning Director
City of Norco
June 27, 2022
Working closely with staff, RSG identified eligible projects and potential uses that required a nexus finding that RSG documented. The City was awarded funding for the grant earlier this year and has requested RSG’s services to assist with applying for the program’s year 2 funding, the Permanent Local Housing Allocation Grant. RSG continues to work with City staff on completing the grant application for submission in late July.
● Annual Reporting – RSG prepares the annual Housing Successor Agency expenditure report and the Housing Authority Annual Report for South Gate (as well as several other RSG clients). As part of this work, RSG is proactive to engage our clients in the identification of issues and opportunities for investment to maximize the use of these resources.
● Lease Negotiations – The City, as housing successor, owns a commercial building on Tweedy Boulevard as an interim use following the dissolution of redevelopment. After the City recognized that a long-term plan for disposition or redevelopment is needed for the site, RSG assisted the City extend the timeframe to dispose the property and negotiated a new lease agreement with the current market tenant with a final termination and exit to allow time for disposition of the site.
Contact: Meredith Elguira, Community Development Director / (323) 563-9566 Affordable Housing Technical Review Services – City of El Cajon (Housing Successor Agency)
RSG has had an on-call affordable housing consulting contract with the City of El Cajon since 2018. Under this contract we have assisted with the following:
● First-Time Homebuyer Program Administration – RSG is involved with the administration of the City of El Cajon’s First-Time Homebuyer Program. In this role, RSG pre-underwrites loans based on the borrower’s income and asset eligibility for the approval of maximum purchase price, including the ratio determination of housing and income. The program guidelines are carefully reviewed based on funding sources for State or federal requirements. The FTHB utilizes a combination of funding with HOME, CALHOME, and LMIHAF for the borrower’s eligibility review. Once the applicant locates a property RSG coordinates with the City to issue tentative loan commitment approval to ensure the borrower can gather the City required documents. RSG also assisted the City with the preparation of loan documents and coordinated the closing of escrow (or transaction) with the mortgage lenders, escrow office and title company. ● Lexington Avenue Resyndication – RSG evaluated a proposal from a developer to acquire the leasehold interest in the Lexington Avenue Senior Apartments to identify potential fiscal and regulatory impacts. As part of the process, RSG examined the project underwriting and proposed purchase price to ensure that it was economically feasible and met legal requirements. As part of this process, RSG evaluated cost estimate reasonableness, determined the financial feasibility and if gap financing was warranted, prepared a modeling pro forma, reviewed tax credit and other funding source market conditions, and prepared a 55-year cash flow projection. We then
Alma Robles, Planning Director
City of Norco
June 27, 2022
summarized our findings to note key proposal terms, strengths and weaknesses, and need for gap financing.
● Annual Reporting Compliance – As City Staff prepares these reports, RSG provides advisory services to ensure that Housing Successor funds are spent in compliance with legal requirements. We advise the City on the accurate reporting of financial data provided by staff, including data about the balance, deposits, and expenditures pertaining to the Low- and Moderate-Income Housing Asset Fund, along with information about assets reported on the Housing Assets Transfer form. ● Compliance Monitoring – RSG assisted staff with conducting remote desk monitoring for the City of El Cajon’s affordable housing projects. The services consist of initiating the monitoring with the developer/property manager by making contact and drafting notification. Gathering documents to analyze occupancy status report, rent rolls, and reviewing tenant files. Coordinating with property managers on clarifying data and issuing a summarized final report of the monitoring for each affordable project, including findings and recommendations. RSG also assisted with creating income and rent limit charts according to the funding source of each project.
Contact: Jamie van Ravesteyn, Housing Manager / (619) 441-1786 Housing Annual Reports, Expenditure Plan, Developer Solicitation, and Monitoring – City of Pinole
RSG has been providing housing consulting services to the City of Pinole since 2015. Services performed during this time include:
● Housing Fund Expenditure Strategy – In 2017, RSG evaluated the City’s housing needs to recommend a Low- and Moderate-Income Housing Asset Fund expenditure plan to the City Council. RSG analyzed available assets and historic activity to recommend expenditure options that aligned with Council direction and the City’s affordable housing objectives, while also meeting legal requirements on how Housing Asset Funds may be spent. RSG advised the City to extend its deadline to develop or dispose of former redevelopment agency properties from five to ten years and provided guidelines on spending funds by income level and age to ensure legal compliance. ● Property Disposition & Development – RSG issued a Notice of Funding Availability / Request for Proposals to solicit proposals to develop affordable housing using available Low- and Moderate-Income Housing Asset Funds and a vacant Housing Successor property. RSG reviewed development proposals to ensure the proposed developers had the capacity, experience, and required underwriting to complete the project.
Additionally, RSG reviewed and managed necessary agreements and negotiations pertaining to the disposition and development of property. ● Surplus Lands – In 2020, RSG drafted and issued a Notice of Availability of Surplus Land for four former redevelopment agency properties. RSG responded to inquiries to ensure the City complies with recent amendments to the Surplus Lands Act.
Alma Robles, Planning Director
City of Norco
June 27, 2022
● Offering Memorandum – RSG is assisting Pinole dispose of four former redevelopment agency properties. An Offering Memorandum marketing the properties has been posted on CoStar and LoopNet, the nation’s premier commercial real estate listing services, and forwarded to developers that are active in the region. RSG hosts weekly property viewings, responds to buyer inquiries, and will help the City review offers and negotiate disposition agreements. RSG is driven by prioritizing City goals and community needs rather than simply making a broker commission. ● Annual Reporting – RSG prepares Pinole’s Housing Successor Agency (SB 341) Annual Reports and conducts multifamily rental compliance monitoring.
Contact: Hector De La Rosa, Assistant City Manager / (510) 724-9000
CITY OF NORCO
AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL HOUSING CONSULTING SERVICES
THIS AGREEMENT is entered into this day of August 3, 2022, by and between the City of Norco (hereinafter referred to as "CLIENT") and RSG, Inc. (hereinafter referred to as "CONSULTANT").
The parties hereto do agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts:
(a) The CLIENT desires a highly qualified CONSULTANT to provide on-call housing consulting services; and
(b) The CONSULTANT represents that it is qualified to perform such services and has agreed to do so pursuant to this Agreement; and (c) The CLIENT desires to contract with the CONSULTANT on the basis of the following terms and conditions.
SECTION 2. EMPLOYMENT. The CLIENT hereby employs the CONSULTANT and the CONSULTANT hereby accepts such employment, as CONSULTANT to the CLIENT, for purposes of providing on-call Housing Consulting Services.
SECTION 3. SCOPE OF SERVICES. The CONSULTANT will diligently perform the tasks and prepare the documents necessary for on-call housing consulting. The Services offered are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 4. TERM. The term of this Agreement shall be the period from the date of this Agreement as first shown above until June 30, 2025 or until its abandonment by the CLIENT, whichever occurs first.
SECTION 5. CONSULTANT PROJECT TEAM. Tara Matthews, will be designated as the responsible party for the CONSULTANT. Other CONSULTANT staff may be assigned as needed.
SECTION 6. COMPENSATION. The CONSULTANT will perform the tasks requested by the CLIENT and deliver the products pursuant to Section 3 of this AGREEMENT. The total compensation would be charged on a time-and-materials basis, with a budget set by the CLIENT.
Reimbursable expenses shall mean necessary out-of-pocket expenses incurred by the CONSULTANT in the performance of this Agreement for postage, printing and duplication costs, and messenger costs. Reimbursable expenses shall be billable at the actual costs reasonably incurred therefor plus a 10% surcharge.
Professional Services Agreement – RSG, Inc.
August 3, 2022
Within ten (10) days after the last day of any month, the CONSULTANT shall submit an invoice to the CLIENT itemizing tasks performed and related reimbursable expenses. The hourly rates for professional services rendered pursuant to this Agreement shall be those presented below:
Principal/Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
Reimbursable Cost plus
Expenses 10%
SECTION 7. PAYMENT PERIOD. The CLIENT shall review the invoices submitted by CONSULTANT to determine whether the nature and extent of the services performed are consistent with this Agreement. Payment shall be made within thirty-five (35) days following receipt of the invoice by the CLIENT or CLIENT shall give to CONSULTANT a written notice objecting to charges, including a statement of reasons for such objections.
SECTION 8. RIGHT OF TERMINATION. This Agreement may be terminated by the CLIENT, with or without cause, in its sole discretion, on ten (10) days written notice to the CONSULTANT.
In such event, the CONSULTANT shall, on the CLIENT's request, promptly surrender to the CLIENT all completed work and work in progress, and all materials, records, and notes procured or produced pursuant to this Agreement. The CONSULTANT may retain copies of such work products as a part of its record of professional activity. The CONSULTANT is cognizant of the fact that all information and material obtained by the CONSULTANT from the CLIENT during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the CONSULTANT for any purpose other than the performance of this Agreement. The CONSULTANT shall be reimbursed for all expenses incurred to the date of termination.
SECTION 9. REPORTS AND DOCUMENTS. All reports, agreements and other documents prepared by the CONSULTANT pursuant to this Agreement are the property of the CLIENT and shall be turned over to the CLIENT upon expiration or termination of this Agreement.
The CLIENT may use, duplicate, disclose, and/or disseminate, in whole or in part, in any manner it deems appropriate, all papers, writings, documents, reports and other materials of whatever kind prepared, produced or procured in the performance of this Agreement, which are delivered to or acquired by CLIENT.
Professional Services Agreement – RSG, Inc.
August 3, 2022
SECTION 10. INDEPENDENT CONTRACTOR. The parties hereby
acknowledge that the CONSULTANT is an independent contractor and shall not be considered to be an employee of the CLIENT.
SECTION 11. INDEMNITY. CONSULTANT shall defend, hold harmless and indemnify the CLIENT and its officers, officials, employees and agents against any tort professional liability claims or demand or any other legal action to the extent caused by any alleged negligent act, error or omission of the CONSULTANT occurring in the course and scope of performance or functions and duties undertaken pursuant to the Agreement with the CLIENT.
SECTION 12. NOTICES. Notices pursuant to this Agreement shall be given by personal service or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed as follows:
TO CLIENT: City of Norco
Attn: Office of the City Manager
2870 Clark Avenue
Norco, CA 92860
TO CONSULTANT: RSG, Inc.
Attn: Tara Matthews, Principal
17872 Gillette Ave, Suite 350
Irvine, CA 92614
Notices shall be deemed to be given as of the date of personal service, or two (2) days following the deposit of the same in the course of transmission of the United States Postal Service.
SECTION 13. BINDING EFFECT. This Agreement shall be binding upon the parties hereto and their successors in interest.
SECTION 14. ASSIGNMENT. CONSULTANT shall not be permitted to assign any of its rights or obligations hereunder, except to subconsultants as approved by the CLIENT and except for the payment of funds due from the CLIENT, without prior written consent of the CLIENT. The consent of the CLIENT to an assignment shall not be unreasonably withheld, but prior to approving any assignment involving the performance of any obligations pursuant to this Agreement, the CLIENT shall be satisfied by competent evidence that the assignee is financially able and technically qualified to perform those services proposed to be assigned. In the event of such assignment, the CLIENT may condition the same so as to ensure compliance with the provisions of this Agreement.
SECTION 15. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable laws in performing its obligations under this Agreement.
Professional Services Agreement – RSG, Inc.
August 3, 2022
SECTION 16. CONFIDENTIALITY. Information and materials obtained by the CONSULTANT from the CLIENT during the performances of this Agreement shall be treated as strictly confidential, and shall not be used by the CONSULTANT for any purpose other than the performance of this Agreement.
SECTION 17. CONSULTANT'S LIABILITY AND INSURANCE, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. It is agreed upon and understood that the CONSULTANT will maintain a policy of professional liability insurance in the minimum amount of one million dollars ($1,000,000) per claim, to cover any liability imposed or alleged, including coverage for attorney’s fees and any legal expenses, to the extent caused by the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S employees in the performance of professional services pursuant to this Agreement. CONSULTANT shall also maintain policies of insurance for commercial general liability and automobile liability with limits of one million dollars ($1,000,000) per occurrence, naming the CLIENT, its officers, officials and employees as additional insured, and shall carry workers compensation insurance as required by California law in the amount of one million dollars ($1,000,000) per occurrence. A certificate of insurance providing evidence of the insurance required herein shall be provided to the CLIENT.
SECTION 18. WORKERS' COMPENSATION INSURANCE. CONSULTANT agrees that the CLIENT will not provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless and indemnify the CLIENT for any and all claims arising out of any injury, disability, or death of any of CONSULTANT’S employees or agents.
SECTION 19. DISCRIMINATION. The CONSULTANT agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the CONSULTANT agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
SECTION 20. WAIVER. The failure of either party to enforce any term or provision of this agreement shall not constitute a waiver of the right to enforce the same term or provision or any other term or provision thereafter.
SECTION 21. SEVERABILITY. In the event any clause, sentence term, condition, or provision of this agreement shall be held by any court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, the remaining portions of this agreement shall nonetheless remain in full force and effect.
SECTION 22. CONSUMMATION. The parties agree to execute all instruments and documents and to take all actions require to facilitate and effectuate this agreement.
SECTION 23. JURISDICTION AND VENUE. This agreement and its terms and conditions shall be considered, review and decided in accordance with the law of the State of California. The negotiations, terms and final agreement were made and entered into in the County of Orange. Performance of this agreement is deemed to have happened in the County of Orange. If a legal dispute occurs over the terms and Page 93 of 121 Professional Services Agreement – RSG, Inc.
August 3, 2022
conditions of this agreement, including its enforcement, the venue for redress of such claims will be in the County of Orange, State of California.
SECTION 24. AMENDMENT. No amendment or modification of this agreement shall be valid or binding upon the parties unless made in writing and duly signed on behalf of each of the parties by their respective authorized representatives.
SECTION 25. RECOVERY OF LITIGATION COSTS. If any legal or equitable action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in such action or proceeding in addition to any other relief to which such party may be entitled.
SECTION 26. ENTIRE AGREEMENT. This document constitutes the sole and entire agreement between the parties with respect to the rendering of Professional Services and/or an amendment to a professional services agreement. Any and all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, with respect to the subject matter hereof, are hereby superseded.
IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the parties hereto on the day and year first herein above written.
SIGNATURES NEXT PAGE
Professional Services Agreement – RSG, Inc.
August 3, 2022
CONSULTANT: RSG, Inc.
By: ____________________________
Tara Matthews, Principal
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgment
CLIENT: City of Norco, a Municipal Corporation
By: ____________________________
Greg Newton, Mayor
ATTEST:
_____________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
______________________________
John R. Harper, City Attorney
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance No. 1084, Second Reading: An Ordinance of the City Council of the City of Norco, California, to add Chapter 8.08 "Dog Care and Housing Standards" to the Norco Municipal Code (NMC). Code Amendment 2022-03.
RECOMMENDATION:
Adopt Ordinance No. 1084 for second reading approving to add Chapter 8.08 "Dog Care and Housing Standards" to the Norco Municipal Code (NMC). Code Amendment 2022-
03. SUMMARY:
The First Reading of Ordinance No. 1084 was held on July 6, 2022, and was adopted by the City Council.
BACKGROUND:
FISCAL IMPACT:
No fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
The adoption of Dog Housing Standards is consistent with Strategic Plan No. 1 Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Ordinance No. 1084
ORDINANCE 1084
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 8 “ANIMALS”, TO ADD CHAPTER 8.08 “DOG CARE AND HOUSING STANDARDS”. CODE AMENDMENT 2022-03
WHEREAS, the CITY OF NORCO initiated Code Amendment 2022-03 to add Chapter
8.08 “Dog Care and Housing Standards” relating to kennels, cages, and crates for dogs in order to set standards; and
WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on July 20, 2022, on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ORDAIN as follows:
1. That Chapter 8.08 “Dog Care and Housing Standards” as is hereby added as follows:
SECTION 1:
“CHAPTER 8.08 DOG CARE AND HOUSING STANDARDS
8.08.010 Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the Norco City Council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof, that some other meaning is intended.
A. “Dog run/kennel” means any enclosure or structure of any kind, designed or used for the harboring or containment of a dog for long periods of time.
B. “Dog cage/crate” means a safe and secure area that a dog can stand, sit, lie down and turn at will for short periods of time.
8.08.020 General Requirements.
Animal owner(s)/caretaker(s) shall comply with all Federal, State, and Municipal Codes related to the care, handling, keeping, and management of animals.
Ordinance 1084 – Chapter 8.08 “Dog Care and Housing Standards”
August 3, 2022
8.08.030 Structure Requirements.
A. Dog run/kennel:
1. Must be designed to be structurally sound, stable and constructed in a way the animal cannot escape. Combustible material is not allowed.
2. Must be kept clean and in good repair to protect the dog/s from injury, promote health, and control rodent and pest populations.
3. Must be constructed and maintained so that it:
a. Securely confines the dog/s and prevents contact with other roaming or stray animals or wildlife.
b. Have no exposed sharp points, protrusions or edges, and free of rust. c. Allow the dog/s to remain clean, dry, and kept clear of standing water.
4. No animal may be tethered as a means of kenneling unless for a short period of time for cleaning and/or temporary purposes to correct fencing, housing and/or living arrangements.
5. Floors and walls must be constructed of non-porous materials which may be easily cleaned and sanitized.
a. Wire flooring of any kind, coated or otherwise, is not permitted.
6. Indoor housing areas must:
a. Be sufficiently ventilated to provide for the health and well-being of the dog/s, minimize odors and prevent the spread of airborne viruses.
b. Be adequately lighted to permit routine inspection and cleaning of dog run/kennel or cage/crate and for observation of the dog/s.
c. Meet the minimum safety requirements pertaining to fire extinguishers and fire suppression equipment.
7. Outdoor housing areas must:
a. Provide sufficient shelter to protect dog/s from extreme temperatures and weather conditions.
b. Have at least one smaller shelter or doghouse available inside the run/kennel for each adult dog, which must have clean/dry bedding material.
c. Provide areas of shade large enough to shield animals from direct sunlight. i. Outdoor housing areas containing puppies under four (4) months of age must have the top completely covered, in addition, side covers as needed to provide shelter from the sun, rain, and strong wind at all times of day.
B. Dog cage/crate:
1. Dog cage/crate must be designed to be structurally sound, stable and constructed in a way the animal cannot escape.
Ordinance 1084 – Chapter 8.08 “Dog Care and Housing Standards”
August 3, 2022
2. Dog cage/crate must be kept clean and in good repair to protect the dog/s from injury, promote health, and control rodent and pest populations.
3. Dog cage/crate must be constructed and maintained so they:
a. Securely confines the dog/s and prevents contact with other roaming or stray animals or wildlife.
b. Have no exposed sharp points, protrusions or edges, and free of rust. c. Allow the dog/s to remain clean, dry, and kept clear of standing water.
4. No animal may be tethered as a means of caging/crating unless for a short period of time for cleaning and/or temporary purposes to correct fencing, housing and/or living arrangements.
5. Floors and walls must be constructed of non-porous materials which may be easily cleaned and sanitized.
a. Wire flooring of any kind, coated or otherwise, is not permitted
6. Indoor housing areas must:
a. Be sufficiently ventilated to provide for the health and well-being of the dog/s, minimize odors and prevent the spread of airborne viruses.
b. Be adequately lighted to permit routine inspection and cleaning of dog cage/crate and for observation of the dog/s.
c. Meet the minimum safety requirements pertaining to fire extinguishers and fire suppression equipment.
7. Outdoor housing areas must:
a. Provide sufficient shelter to protect dog/s from extreme temperatures and weather conditions.
b. Must have clean/dry bedding material.
c. Provide areas of shade large enough to shield animal/s from direct sunlight. i. Outdoor housing areas containing puppies under four (4) months of age must have the top completely covered, in addition, side covers as needed to provide shelter from the sun, rain, and strong wind at all times of day.
8. Caged/crated animal/s must have enough room to stand, sit, lie down and turn at will.
8.08.040 Space.
A. Each dog run/kennel shall have a minimum square footage of floor space as follows:
1. Small dogs up to 20 lbs.: minimum of 25 square feet
2. Medium dogs up to 50 lbs.: minimum of 50 square feet
3. Large dogs, 51 lbs. or more: minimum of 100 square feet
4. Females with nursing puppies should be provided with additional floor space:
a. Small nursing dogs up to 20 lbs.: additional 5 square feet. b. Medium nursing dogs up to 50 lbs.: additional 10 square feet. c. Large nursing dogs, 51 lbs. or more: additional 20 square feet.
Ordinance 1084 – Chapter 8.08 “Dog Care and Housing Standards”
August 3, 2022
B. Dog run/kennel enclosures shall be a maximum of six (6) feet in height.
1. Each dog shall have the above square footage even when housed with other dogs in the same dog run/kennel.
8.08.050 Sanitation.
A. Housing areas must be cleaned daily with additional spot cleaning performed as needed. Dog/s should be removed from enclosure before cleaning.
B. Adequate running potable water must be available for cleaning, washing, drinking, etc.
C. Food and bedding must be kept in a manner which prevents spoilage, contamination, and pest infestation.
D. Animal and food wastes, fluid wastes, soiled bedding, debris, garbage, and other waste must be collected daily, removed, and disposed of in a manner which minimizes contamination and disease risks.
E. Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property uses.
8.08.060 General Care.
A. Dog/s must be examined daily with a level of attention sufficient to evaluate their general condition, demeanor and activity.
B. Dog/s must be kept appropriately groomed and in good hygiene.
C. Dog/s in need of medical attention must be afforded timely veterinary care.
D. A record must be kept of any dog with special needs requirements, receiving medications and the administration of those medications.
E. Dog/s must be fed at least once daily, except as otherwise directed in writing by a California licensed veterinarian.
F. Must be vaccinated against rabies as stated in NMC 6.12.050 and licensed as stated in NMC 6.12.020.
G. Food must be uncontaminated, wholesome, palatable and of sufficient quantity and nutritive value to maintain the healthy condition and weight of the animal. The diet must be appropriate to the dog’s species, age and condition.
H. Feeding and water dishes must be made of durable material that can be easily cleaned and sanitized.
I. Feeding and water dishes must be unable to be knocked over.
8.08.070 Exclusions.
A. Requests for exemptions to any of the provisions of these requirements shall be submitted to Animal Control Services Superintendent in writing. Written exemption requests must include an explanation and justification of the reason for the request.
B. No exemption to any of the provisions of these requirements shall be assumed to have been granted unless indicated in writing by Animal Control Services Superintendent.
C. Issuance of a waiver or exemption does not guarantee or indicate approval of future waivers for the same condition.
D. Violation of any provision of these requirements will result in penalties as set forth in NMC 1.04.010.”
Ordinance 1084 – Chapter 8.08 “Dog Care and Housing Standards”
August 3, 2022
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4: POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same to be posted or published within 15 days at no less than five public places within the City of Norco, and it shall be effective 30 days thereafter.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 3, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 20, 2022 and thereafter at a regular meeting of said City Council duly held on August 3, 2022, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 3, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California Page 102 of 121
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Street Name for the Main Entrance of the Palomino Business Park RECOMMENDATION:
Consider names recommended by the Streets, Trails, and Utilities Commission.
SUMMARY:
CapRock Partners has requested direction from the City of Norco on its desire to provide a street name for the main entrance on Mountain Avenue to the Palomino Business Park.
BACKGROUND:
The Palomino Business Park is currently in construction of Phase I improvements which includes reconstruction of the streets directly adjacent to the project (Mountain Avenue, Second Street, Pacific Avenue and First Street). As part of those street improvements, CapRock Partners is planning to have the main entrance into the industrial park located mid-block on Mountain Ave. between First St. and Second St. CapRock Partners is requesting direction regarding the City's desire to provide a street name for the entrance on Mountain Avenue into the Palomino Business Park.
At the April 20, 2022 City Council meeting, staff presented this item to Council with a recommendation of naming the main entrance as Eisen Way in honor of the Harry and Hilda Eisen family that owned the property. Staff had spoken with the Eisen family about the recommendation and they were very much in support of naming the main entrance into the Palomino Business Park as Eisen Way. However, City Council was not prepared to make a recommendation and requested staff review this item with the Streets, Trails, and Utilities Commission (STUC) and return to Council with a recommendation from STUC.
On July 5, 2022, STUC was asked to consider staff's recommendation of naming the main entrance as Eisen Way. STUC discussed the item, including a naming recommendation from the Historic Preservation Commission (HPC), and fully supported honoring the Eisen
family by incorporating the Eisen name. HPC's recommendation was to name the main entrance after Harry Eisen and to name the internal road in the development as Hilda Eisen. Staff explained to STUC that the developer is not planning on having an internal street name within the development and there is only one request from the developer for the City to provide the desired street name for the main entrance. Therefore, STUC elected to provide the following three entryway names for City Council to consider: Eisen Way - Eisen Gateway - Eisen Ranch Way.
Staff is seeking City Council direction regarding the selection of a street name for the main entrance to the Palomino Business Park.
FISCAL IMPACT:
Not applicable.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 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
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Moratorium on the Construction of New Industrial Buildings.
RECOMMENDATION:
Determine if adoption of a moratorium on the construction of new industrial buildings is warranted.
SUMMARY:
The City Council directed staff to present a discussion on enacting a moratorium or an interim ordinance prohibiting new industrial buildings in the City. Government Code Section 65858, et. seq. provides for the enactment of a moratorium to protect the public safety, health, and welfare, prohibiting any use that could be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable amount of time.
BACKGROUND:
Government Code Section 65858, et. seq. provides for the enactment of a moratorium to protect the public safety, health, and welfare, prohibiting any use that could be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable amount of time. For a moratorium to pass it must be adopted with findings as an urgency measure by not less than four-fifths of the City Council.
The moratorium is only in effect for 45 days after which it automatically expires unless extended by the City Council. The City Council can extend the moratorium for a period of 10 months and 15 days and then again for one year. Alternately, the City Council can do one extension of 22 months and 15 days. All extensions must be approved by a fourfifths vote. Prior to any extension, the Government Code requires that the legislative body issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance.
The City Council can adopt a moratorium and any subsequent extensions only after making specific legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in threat to public health, safety, or welfare.
In summary, the City has the ability to stop a proposed use pending further study through the adoption of a temporary moratorium. A moratorium would allow the City time to adequately analyze and examine the potential impacts and legal issues surrounding a use for the purpose of developing proper zoning, regulations and standards relating to it.
Part of the City Council's discussion is to determine if a moratorium on the construction of new industrial buildings is warranted. The discussion should also include development standards that should be addressed to minimize the impact of new Industrial buildings in the City and/or within their respective zone.
FISCAL IMPACT:
No Impact, being presented for information and discussion.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
7.A.
To: Honorable Mayor and City Council Members
Prepared By: William Otterman, Fire Chief
Department: City Council
SUBJECT:
Confirming the Report of Costs for Spring and Fall Weed Abatement, Fiscal Year 2021- 2022
RECOMMENDATION:
Adopt Resolution No. 2022-65, confirming the Report of Costs for abatement of weeds and hazardous vegetation as a public nuisance and imposing special assessment liens on vacant parcels within the City.
SUMMARY:
The Fiscal Year (FY) 2021-2022 Weed Abatement Report of Costs lists property owners whose vacant parcels were abated by the Fire Department's weed abatement contractor for the Weed Abatement Program. Once the Resolution is adopted, the Fire Department can impose special assessment liens on vacant parcels.
BACKGROUND:
The Norco Fire department conducts field inspections twice a year on vacant lots within the city for weeds/tumbleweeds. Abatement for tumbleweeds is conducted every fall and abatement for weeds is conducted in the spring. Notices to abate fall tumbleweeds on vacant parcels were mailed to property owners on August 2, 2021, with a September 13, 2021 deadline to comply. Notices to abate spring weeds on vacant parcels were mailed to property owners on March 7, 2022, with an April 17, 2022 deadline to comply.
Inspections for compliance for the Fall Abatement began on September 14, 2021, while Spring Abatement inspections began on April 18, 2022. A total of three lots failed inspection in the Fall of 2021 and six failed in the Spring of 2022, all lots that failed inspection received a $250.00 administrative non-compliance fine issued by Code Enforcement. The Norco Fire Chief authorized the Fire Department's weed abatement contractor, Warren Brothers Tractor Work, to remove weeds and hazardous vegetation from the vacant parcels, whom have not come into compliance.
The FY 2021-22 Weed Abatement Report of Costs lists the nine property owners whose parcels were abated by Warren Brothers following the Fire Chief's authorization ordering the abatement. The Report of Costs includes the contractor's charge, plus 100% of that fee for the Fire Department's Administration cost, as set by the City's Fee Schedule.
Property owners have been invoiced for these costs; and if not paid, property liens will be placed against the parcel through the Riverside County Auditor-Controller's Office.
FISCAL IMPACT:
Costs to abate weeds on vacant property are paid either by the property owner or through property tax liens.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 1 - Public Health, Safety and Wellness:
Enhance quality of life by promoting public health, safety and wellness initiatives for all community members
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Resolution No. 2022-65
Exhibit A
RESOLUTION NO. 2022-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, CONFIRMING THE REPORT OF COSTS FOR
ABATEMENT OF WEEDS AND HAZARDOUS VEGETATION AS A
PUBLIC NUISANCE AND IMPOSING SPECIAL ASSESSMENT LIENS
ON VACANT PARCELS WITHIN THE CITY
WHEREAS, the City Council declared that seasonal and recurring weeds and hazardous vegetation, growing upon and in front of vacant property in the City of Norco, constitute a public nuisance and also declared its intent to provide for abatement in accordance with Ordinance 1042 adopted on June 20, 2018; and WHEREAS, the Notice to Destroy Weeds and Hazardous Vegetation was given to property owners of vacant property in accordance with Chapter 13, Article 2, Section 39567.1 of the State of California Government Code and Norco Municipal Code Chapter 9, Article 40, Section 030; and
WHEREAS, an itemized report showing the cost to abate the nuisances that were on or in front of vacant parcels has been prepared and submitted to the City Council for confirmation; and
WHEREAS, a copy of the report of costs was posted near the door of the Council Chamber at least three days prior to the Public Hearing; and WHEREAS, the Public Hearing being held by City Council is for the purpose of receiving and considering the report of costs showing abatement costs and hearing objections from property owners liable to be assessed for such costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby find and declare that the FY 21-22 Weed Abatement Report of Costs, Exhibit “A” on nuisance abatement for vacant parcels is confirmed, and that the costs are also confirmed as special assessment property liens against the vacant parcels whose property owners do not pay the invoiced amount.
#
Resolution No. 2022-65 – Confirming Costs and Imposing Assessments for Weed Abatement
August 3, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 3, 2022.
____________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on August 3, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 3, 2022.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit A – FY 21-22 Weed Abatement Report of Costs
NORCO FIRE DEPARTMENT
FY 2021-2022 WEED ABATEMENT REPORT OF COSTS
PARCEL NO. OWNER OF RECORD PARCEL
ACREAGE
CONTRACTOR'S
FEE
ADMIN
FEE
TOTAL
CHARGE
127331012-0
PAT & EMMA ALVARADO
C/O ROLLIE ALVARADO
6072 CANDLE LIGHT LN
YORBA LINDA CA 92886
0.20 $ 70.00 $ 70.00 $ 140.00
130250004-7
NORCO EQUESTRIAN
17510 PIONEER BLVD #224
ARTESIA CA 90701
1.40 $ 300.00 $ 300.00 $ 600.00
168021003-3
ROGER FRIZZEL
11290 ARLINGTON AV
RIVERSIDE CA 92505
0.45 $ 100.00 $ 100.00 $ 200.00
122050049-1
FRANK & JEANETTE VILLALOBOS
1882 PARK SKYLINE
SANTA ANA CA 92705
1.44 $ 1,214.00 $ 1,214.00 $ 2,428.00
126120038-0
NORCO HAMNER HOLDING
PO BOX 878
SANTA ROSA, CA, 95402
1.63 $ 251.00 $ 251.00 $ 502.00
127331012-0
PAT & EMMA ALVARADO
C/O ROLLIE ALVARADO
6072 CANDLE LIGHT LN
YORBA LINDA CA 92886
0.20 $ 150.00 $ 150.00 $ 300.00
130240031-0
L U S A SWAMINARAYAN GURUK
3984 HOLLOW RIDGE CT
YORBA LINDA CA 92887
4.10 $ 400.85 $ 400.85 $ 801.70
153222009-2
AURIC
8484 WILSHIRE RD
BEVERLY HILLS, CA, 90211
2.19 $ 240.00 $ 240.00 $ 480.00
168021003-3
ROGER FRIZZEL
11290 ARLINGTON AV
RIVERSIDE CA 92505
0.45 $ 200.00 $ 200.00 $ 400.00
Total $ 2,925.85 $2,925.85 $5,851.70
REV 7/11/2022 Page 111 of 121 Page 1 EXHIBIT A
City Council
STAFF REPORT
Date: August 3, 2022 Agenda Item:
7.B.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
First Reading, Ordinance 1085 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Chapter 18.30 "General Provision Miscellaneous", to add Section
18.30.48 "Residential Lighting Standards". Zone Code Amendment 2022-04 RECOMMENDATION:
Adopt Ordinance 1085, First Reading, to amend Norco Municipal Code (NMC) Title 18 "Zoning", amending Chapter 18.30 "General Provision Miscellaneous" to add Section
18.30.48 "Residential Lighting Standards"; and schedule the Second Reading for August 17, 2022. Zone Code Amendment (ZCA) 2022-04.
SUMMARY:
The proposed Zone Code Amendment would provide development standards and requirements for residential lighting to limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. These standards will also provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources.
BACKGROUND:
The proposed standards are intended to be the most effective in providing a means of illumination control on private residential properties for the purposes of reducing impacts onto adjacent and surrounding residential properties. The proposed residential lighting standards are proposed to consist of the following sections; Purpose and Intent, Applicability, Definitions, Permits Required and Planning Department Review (exemptions), Shielding, Height, Setback, Nuisance and Violations.
With these standards in place, the majority of current demands, public comments, neighborly concerns and potential and future code violations will be addressed. Once adopted the standards will apply to all residentially zoned properties within the City.
Lighting for commercial zoning is and will continue to be addressed separately.
An amendment to Chapter 18.30 is proposed to add Section 18.30.48 "Residential Lighting Standards" to read as follows:
18.30.48 Residential Lighting Standards
(1) Purpose and Intent. To limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. To provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources. (2) Applicability. This ordinance applies to:
(a) New private (property) residential outdoor lighting mounted on freestanding poles; other than street lights. This ordinance does not apply to commercial and industrial facilities, as more restrictive lighting regulations for those uses already exists, on a case- by-case basis via a project resolution, the California Energy Code etc.;
(b) Line voltage high output (greater than 2000 Lumens) lighting replacements, upgrades/modifications or additions to outdoor lighting. Exception: This ordinance does not apply to low voltage landscape lighting or solar powered stand-alone devices;
(c) Building mounted lighting.
(3) Definitions.
(a) Decorative Lighting: Lighting meant to provide accent decoration and not installed for the purpose of viewing or utility. Decorative lighting is generally low voltage and exempt from requiring a permit.
(b) Fully Shielded Lighting: A lighting fixture constructed with a shield or shields that do not allow lighting to project above a horizontal plane below the lowest point of the fixture from which light is emitted.
(c) Landscape Lighting: Low lumen output (less than 100 lumens) accent lighting meant to enhance or highlight landscaping features for the purpose of decoration.
(d) Light Emitting Diode: (LED), a type of lighting which uses no filament bulb or gas for illumination.
(e) Low Voltage Lighting: Lighting operated by a transformer whose wiring and power supply conducts 36V (volts) or less of electrical supply. (f) Lumens: A measure of light output from the International System of Units that is equal to the amount of light emitted per second from a uniform source of one candle in a solid angle.
(g) Luminaire: A complete lighting unit consisting of a lamp, housing and ballast.
A complete lighting unit.
(h) Lighting Shield: A fully opaque surface obstruction meant to shield, limit or direct light.
(i) Lighting Trespass: Lighting lumens that project or flood over property lines or are visible from a great distance beyond the property from which they are emitting.
(j). Pole (freestanding) Height Measurement: The dimension in feet from the natural grade to the extreme top of the light fixture.
(4) Permits Required and Planning Division Review. Building permits are required for line voltage lighting per the California Building Code for the structures (i.e. freestanding pole) if applicable and the lighting. In addition to a building permit being required for electrical installation, structural calculations are also required for poles and stand-alone light supporting structures greater than 12 feet in height (the structures themselves and the lighting). Planning Division approval will be required for outdoor lighting through the building permit process for compliance of this Chapter. Along with the application for a building permit, a photometric plan/analysis of the proposed lighting on the property shall be provided to show exact amount of light in outdoor areas of the property. Lighting trespass over property lines will not be permitted in any instance and must be measurable at 0 (zero) candle feet on the neighboring side of all property lines. Submittal of photometric plan can be waived at the discretion of the Planning Director or designee, should it be demonstrated (though the use of appropriate light shielding) that there is no light spill onto adjacent properties.
Exemptions:
• Temporary lighting installed for the purposes of construction or emergency repair of a facility. Lighting temporarily installed for a specific event or purpose that has been approved under another use or authorization. (5) Shielding. All lighting units shall require light shielding to prevent it from being seen at a distance and to keep the light from bleeding onto adjacent properties.
Lighting installed on free-standing poles shall be fully shielded lighting so that it cannot be observed at a distance. Such shielding will be designed to limit the angle of the light projection to direct light only onto approved areas. (6) Height. Outdoor lighting installed on a building or on a freestanding pole shall be limited to a total height of 18 feet above finish grade (pole and base) and any lighting proposed to be mounted higher than 18 feet above grade will require a variance from the City Planning Commission prior to installation.
(7) Setbacks. Lighting greater than 12 feet in height shall not be installed within 5 feet of a property line. Lighting over 12 feet shall be setback from property lines a minimum distance of 1/2 of its height above grade.
(8) Nuisance. Any modification or addition to exterior lighting on a building or property which creates a distinguishable nuisance for adjoining properties or public ways can be considered to be in violation of this ordinance. Any festoon lighting hung on common property like property line fences or walls can be considered to be a public nuisance under this ordinance or if this lighting visibly bleeds over property lines. (9) Violation.
Any property owner who constructs, alters or adds on to lighting in violation of the requirements of this section and allowing light pollution to leave their property will be subject to penalties as described in the Norco Municipal Code including administrative citation and legal action. Any property owner who constructs or installs pole lighting without a building permit will also be considered in violation of the California Building Code section (CBC) 114.1 and will be subject to the penalties as described in the CBC and under State and municipal law. Notices of violation shall be delivered by hand or regular mail.
Planning Commission: The Planning Commission at its meeting held on July 13, 2022 recommended approval of the ZCA 2022-04 to the City Council. In their review, the Planning Commission considered timers for sports courts and animal arena lighting with automatic shut off after an interval not greater than one hour; however, it was eliminated in their recommendation to the City Council. The Planning Commission determined that as as long as this lighting does not impact neighbors and follows the requirements of the proposed ordinance, timing for lighting should be up to the property owner, especially if its for safety of animals. Furthermore, the Planning Commission recommended that height be defined (on how the height will be measured) for freestanding poles in the definitions of the ordinance. The ordinance presented to the City Council reflects the Planning Commission recommendations.
CEQA: The adoption of the proposed ordinance adding a new Chapter 18.30.48, Residential Lighting Standards to Title 18 of the Norco Municipal Code, is exempt from review under the California Environmental Quality Act as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because this Ordinance will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
Not applicable to this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director
Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Ordinance 1085
ORDINANCE 1085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE CHAPTER 18.30 “GENERAL PROVISIONS MISCELLANEOUS”, TO ADD SECTION 18.30.48 “RESIDENTIAL LIGHTING STANDARDS”, ESTABLISHING RESIDENTIAL LIGHTING STANDARDS FOR ALL RESIDENTIAL ZONES. ZONE CODE AMENDMENT 2022-04
WHEREAS, the City of Norco, California, initiated Zone Code Amendment 2022-04, a proposal to add Section18.30.48 to Norco Municipal Code Title 18 (Zoning Code), Chapter
18.30 relating to residential lighting standards; and
WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on June 8, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said public hearing for Zone Code Amendment 2022-04 was not opened and the item was not discussed, but continued to the meeting of July 13, 2022; and WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-15 recommending that the City Council adopt the Zone Code Amendment; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on August 3, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines Section 3.13 that project is exempt from the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, does hereby determine, order and approve as follows:
Ordinance 1085 - Zone Code Amendment 2022-04
August 17, 2022
A. The proposed Zone Code Amendment would provide development standards and requirements for residential lighting to limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. These standards will also provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources; and
B. The adoption of the proposed ordinance adding a new Section 18.30.48, “Residential Lighting Standards”, to Norco Municipal Code Title 18, is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because this Ordinance will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 1: FINDINGS.
18.30.48 Residential Lighting Standards
(1) Purpose and Intent. To limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. To provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources.
(2) Applicability. This ordinance applies to:
(a) New private (property) residential outdoor lighting mounted on freestanding poles; other than street lights. This ordinance does not apply to commercial and industrial facilities, as more restrictive lighting regulations for those uses already exists, on a case- by-case basis via a project resolution, the California Energy Code etc.; (b) Line voltage high output (greater than 2000 Lumens) lighting replacements, upgrades/modifications or additions to outdoor lighting. Exception: This ordinance does not apply to low voltage landscape lighting or solar powered stand-alone devices;
(c) Building mounted lighting.
(3) Definitions.
(a) Decorative Lighting: Lighting meant to provide accent decoration and not installed for the purpose of viewing or utility. Decorative lighting is generally low voltage and exempt from requiring a permit.
(b) Fully Shielded Lighting: A lighting fixture constructed with a shield or shields that do not allow lighting to project above a horizontal plane below the lowest point of the fixture from which light is emitted.
(c) Landscape Lighting: Low lumen output (less than 100 lumens) accent lighting meant to enhance or highlight landscaping features for the purpose of decoration.
Ordinance 1085 - Zone Code Amendment 2022-04
August 17, 2022
(d) Light Emitting Diode: (LED), a type of lighting which uses no filament bulb or gas for illumination.
(e) Low Voltage Lighting: Lighting operated by a transformer whose wiring and power supply conducts 36V (volts) or less of electrical supply. (f) Lumens: A measure of light output from the International System of Units that is equal to the amount of light emitted per second from a uniform source of one candle in a solid angle.
(g) Luminaire: A complete lighting unit consisting of a lamp, housing and ballast. A complete lighting unit.
(h) Lighting Shield: A fully opaque surface obstruction meant to shield, limit or direct light.
(i) Lighting Trespass: Lighting lumens that project or flood over property lines or are visible from a great distance beyond the property from which they are emitting. (j) Pole (freestanding) Height Measurement: The dimension in feet from the natural grade to the extreme top of the light fixture.
(4) Permits Required and Planning Division Review. Building permits are required for line voltage lighting per the California Building Code for the structures (i.e. freestanding pole) if applicable and the lighting. In addition to a building permit being required for electrical installation, structural calculations are also required for poles and stand-alone light supporting structures greater than 12 feet in height (the structures themselves and the lighting). Planning Division approval will be required for outdoor lighting through the building permit process for compliance of this Chapter. Along with the application for a building permit, a photometric plan/analysis of the proposed lighting on the property shall be provided to show exact amount of light in outdoor areas of the property. Lighting trespass over property lines will not be permitted in any instance and must be measurable at 0 (zero) candle feet on the neighboring side of all property lines. Submittal of photometric plan can be waived at the discretion of the Planning Director or designee, should it be demonstrated (though the use of appropriate light shielding) that there is no light spill onto adjacent properties.
Exemptions: Temporary lighting installed for the purposes of construction or emergency repair of a facility. Lighting temporarily installed for a specific event or purpose that has been approved under another use or authorization.
(5) Shielding. All lighting units shall require light shielding to prevent it from being seen at a distance and to keep the light from bleeding onto adjacent properties. Lighting installed on free-standing poles shall be fully shielded lighting so that it cannot be observed at a distance.
Such shielding will be designed to limit the angle of the light projection to direct light only onto approved areas.
(6) Height. Outdoor lighting installed on a building or on a freestanding pole shall be limited to a total height of 18 feet above finish grade (pole and base) and any lighting proposed to be mounted higher than 18 feet above grade will require a variance from the City Planning Commission prior to installation.
Ordinance 1085 - Zone Code Amendment 2022-04
August 17, 2022
(7) Setbacks. Lighting greater than 12 feet in height shall not be installed within 5 feet of a property line. Lighting over 12 feet shall be setback from property lines a minimum distance of 1/2 of its height above grade.
(8) Nuisance. Any modification or addition to exterior lighting on a building or property which creates a distinguishable nuisance for adjoining properties or public ways can be considered to be in violation of this ordinance. Any festoon lighting hung on common property like property line fences or walls can be considered to be a public nuisance under this ordinance or if this lighting visibly bleeds over property lines. (9) Violation. Any property owner who constructs, alters or adds on to lighting in violation of the requirements of this section and allowing light pollution to leave their property will be subject to penalties as described in the Norco Municipal Code including administrative citation and legal action. Any property owner who constructs or installs pole lighting without a building permit will also be considered in violation of the California Building Code section (CBC) 114.1 and will be subject to the penalties as described in the CBC and under State and municipal law. Notices of violation shall be delivered by hand or regular mail.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held August 17, 2022.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance 1085 - Zone Code Amendment 2022-04
August 17, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 3, 2022, and thereafter at a regular meeting of said City Council duly held on August 17, 2022, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 17, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California