AGENDA
City Council
Successor Agency to the Norco
Community Redevelopment
Agency
Wednesday, October 5, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 121-110-001 and 121-110-003
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 133-200-022
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation American Tower Lease Agreement - Property: APN 129-020-041 City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Fred Griffin
Corona Church of the Open Door
City Council Agenda - October 5, 2022
PRESENTATIONS Hispanic Heritage Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of September 21, 2022.
Staff Report - Pdf
2.C. Acceptance of the Shadow Canyon Circle Sanitary Sewer Replacement Project as Complete
RECOMMENDATION:
Accept the Shadow Canyon Circle Sanitary Sewer Replacement 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 - October 5, 2022
2.D. Memorandum of Understanding for Utility Workers Union of America, Local 606
RECOMMENDATION:
Adopt Resolution No. 2022-73 to approve the Memorandum of Understanding between the City of Norco and Utility Workers Union of America, Local 606 for FY 2022-2023
Staff Report - Pdf
2.E. Consideration of a Resolution Amending the Employees' Contribution Under the Public Employees' Medical and Hospital Act for Medical Insurance Premiums for Utility Workers Union of America, Local 606 RECOMMENDATION:
Adopt Resolution No. 2022-74 to implement changes in the amount of the health insurance subsidy to be paid by the City for members of the Utility Workers Union of America, Local 606 effective December 1, 2022.
Staff Report - Pdf
2.F. New Observance Request: Red Ribbon Week
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Red Ribbon Week.
Staff Report - Pdf
2.G. Appropriate $2,050,000 from the City's Special Asset Fund for the Purchase of Real Property Located at 338 Sixth Street, Assessor Parcel Number 133- 200-022
RECOMMENDATION:
Appropriate $2,050,000 for the purchase of the property at 338 Sixth Street, all associated transaction costs and fencing and authorize the City Manager to complete the property purchase on behalf of the City.
Staff Report - Pdf
City Council Agenda - October 5, 2022
2.H. Approval of Sale of Successor Agency Owned Surplus Property of .4 Acres Located adjacent to 1695 Hidden Valley Parkway (APNs 122-070-023 and 122-070-026)
RECOMMENDATION:
Authorize the sale of these parcels, and direct the City Manager to execute the sale on behalf of the City of Norco/Successor Agency Board.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.
The governmental body shall not discuss or act relative to any general public comment.
5. 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. 1088, Second Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2022-05
RECOMMENDATION:
Adopt Ordinance No. 1088, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties. Code Amendment 2022-05.
Staff Report - Pdf
6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
City Council Agenda - October 5, 2022
6.A. Acceptance of the Hillside Avenue Pavement Project (Fifth Street to Sixth Street) as Complete
RECOMMENDATION:
Accept the Hillside Avenue Pavement Project (Fifth Street to Sixth Street) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of September 21, 2022.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Draft 9-21-2022 Minutes
DRAFT - MINUTES
City Council
Wednesday, September 21, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
ADJOURNED TO CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN's:122-070-023 and 122-070-026 (Hamner Ave/Hidden Valley Parkway) City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 133-200-022 (Sixth Street/California Avenue) City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Unrepresented Employees: Mid-Management, Confidential, and Management Employees, and Utility Workers Union of America, AFLCIO Local 606 RECONVENED PUBLIC SESSION 7:10 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 Mayor Pro Tem
Robin Grundmeyer
INVOCATION Heather Snow, Member
Church of Jesus Christ of Latter-Day Saints
City Council Minutes - September 21, 2022
PRESENTATIONS
Mayor Newton introduced Lori Sassoon the new City Manager.
Community Spirit Award
Council Member Aleman presented Andrea Gladson the Community Spirit Award for her outstanding commitment and service to the City of Norco.
Proclamations:
Mayor Newton presented the National Preparedness Month Proclamation to Matt Jones and Eric Calder from the Riverside County Emergency Management Department.
Community Services Superintendent Gonzalez presented an update on the Norco Senior Center for National Senior Center Month.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approve Consent Calendar as presented
M/S HOFFMAN/BASH Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Special Meeting Minutes
City Council Minutes - September 21, 2022
Action: Approved the City Council Special Meeting Minutes of September 6, 2022.
2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on September 14, 2022
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on September 14, 2022.
2.D. Projects for Consideration for Use of Community Development Block Grant (CDBG) Funds, Program Year 2023-2024, through the U.S. Department of Housing and Urban Development and the County of Riverside Department of Housing, Homelessness Prevention and Workforce Solutions (HHPWS) Action: Submitted the following projects for funding through the Community Development Block Grant FY 2023-2024 Program Year:
1. Senior Citizens Recreation and Community Service Leader
2. Community Center Park ADA Synthetic Poured-In-Place Surface Project
2.E. Acceptance of the Fire Station 47 Flooring Project as Complete Action: Accepted the Fire Station 47 Flooring Project as complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.
2.F. Acceptance of the Norco Hills Road Improvements Project as Complete Action: Accepted the Norco Hills Road Improvements Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
2.G. Award of Professional Design Services Contract for the Water Mainline Replacement Projects.
Action: Awarded contract to Armstrong & Brooks Consulting Engineers for professional design services for Water Mainline Replacement Projects on Corydon Avenue, Sixth Street, Temescal Avenue and Western Avenue in the amount of $354,490 and authorized the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
2.H. New Observance Request: Childhood Cancer Awareness Week.
City Council Minutes - September 21, 2022
Action: Approved the subcommittee's recommendation to recognize Childhood Cancer Awareness Week.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the Consent Calendar.
4. PUBLIC COMMENTS
Mike Thompson spoke regarding the Community Spirit Award.
Sigrid Williams presented an update on Norco College CERT Program.
5. DISCUSSION / ACTION ITEM(S)
6. PUBLIC HEARING(S)
5.A. Appointments to Parks and Recreation Commission and Historic Preservation Commission.
City Clerk Roa presented the report on the Parks and Recreation Commission and Historic Commission unscheduled vacancies recruitment.
Mayor Newton opened public comment.
Mike Thompson, Bonnie Slager, Kathy and Don Kramer, Danny Azevedo, Jim Pollard, Bill Naylor, Larry Echkhoff, Larry Cusimano, Mark Moore, Mike Williams, Michael Niezgodzki, Norvah Williams, Steven Nikoui, and Gary Evans, spoke regarding their support of Geoff Kahan for appointment to the Parks and Recreation Commission.
Geoff Kahan, applicant, spoke on his behalf for the appointment to the Parks and Recreation Commission and thanked the community who spoke on his behalf.
Mayor Newton asked the applicant Geoff Kahan how he would describe the role of the Parks and Recreation Commissioner and why he would be a good candidate.
Geoff Kahan described his understanding of the role of the Parks and Recreation Commissioner and what his abilities are to fulfill the position.
City Council Minutes - September 21, 2022
Council Member Aleman asked a question to applicant Geoff Kahan regarding his role in the protest in 2020 at City Hall.
Geoff Kahan addressed Council Member Aleman and the City Council regarding his role in the protest in 2020 at City Hall.
Council Member Aleman stated she was at the protest, participated and was injured. She discussed what the role of a City Commissioner is and should be for the City as a whole.
Mayor Newton addressed his issues with the protest in Norco and stated the City needs to move forward.
Council Member Bash recounted his recollection of the protest. He discussed that the City of Norco is moving forward. He stated that Geoff Kahan has been an good commissioner in the past and has continued to volunteer regularly in the City.
Curt Knox spoke about what a leader should be and recounted his recollection of the protest.
Mayor Newton closed public comment.
Mayor Newton addressed his perspective on applicants and attending the City Council meeting to speak on their behalf.
Council Member Bash spoke regarding the protest in front of City Hall and stated many must answer to their responsibility for the event. He spoke about the Historic Preservation Commission and the credentials required. He pointed out that applicant Dean Chase was the only applicant that provided experience related to historic preservation.
Council Member Hoffman spoke about the Historic Preservation Commission.
He stated that it was a good idea to look at the Commission make up, their meeting times and rethink the Commission.
City Clerk Roa proceeded to distribute appointment ballots to the Mayor and City Council for their selections.
The following were the votes as received:
Mayor Newton:
Parks and Recreation Commission - Geoff Kahan
Historic Preservation Commission - Abstained
City Council Minutes - September 21, 2022
Mayor Pro Tem Grundmeyer:
Parks and Recreation Commission - Aimee Muro
Historic Preservation Commission - Dean Chase
Council Member Aleman:
Parks and Recreation Commission - Aimee Muro
Historic Preservation Commission - Diane Collins
Council Member Bash:
Parks and Recreation Commission - Geoff Kahan
Historic Preservation Commission - Abstained
Council Member Hoffman:
Parks and Recreation Commission - Geoff Kahan
Historic Preservation Commission - Dean Chase
Following a ballot vote the Mayor and City Council made the following appointments:
Parks and Recreation Commission - Geoff Kahan
Historic Preservation Commission - Dean Chase
6.A. Appeal Hearing: An appeal of the Planning Commission denial of Conditional Use Permit 2022-04 (Norco Old Town Market): A request for approval to allow the sale of a full-line of alcohol beverages (distilled spirits) for off-site consumption in conjunction with a 2,558 square-foot convenience store located in the C-G (Commercial General) Zone, at 4410 California Avenue (APN 153- 200-020).
Assistant Planner Diaz presented the appeal of the Planning Commission denial of Conditional Use Permit 2022-04 for Norco Old Town Market. She noted that the appellant was present.
Council Member Aleman discussed the ABC license and what is permitted in the City.
Council Member Bash asked why did the ABC allow this business to apply? He asked about the licensing process and lottery process.
Assistant Planner Diaz explained the permit process and the lottery process from ABC.
City Council Minutes - September 21, 2022
Council Member Hoffman asked questions about the petition submitted by the applicant. He asked questions about the Planning Commission meeting and if applicant was present.
Assistant Planner Diaz answered questions and addressed concerns of the Council.
Mayor Newton asked about the current progress of the project.
Assistant Planner Diaz stated she has not seen any progress on the project in the past few months.
Mayor Newton opened the Public Hearing.
Danithea Santamaria, family member of applicant, spoke in support of the project.
Mohammad Jarrar clarified that the store is a market not just a liquor store and only 5% is alcohol. He stated that there are other liquor stores in the area close to schools.
Adriana Santamaria, applicant, stated that the project is 98% ready to go and that neighbors are supporting her. She stated that her family and children are helping her and this project will serve the City well. She stated her family is hard working and building their American dream.
William Henning spoke in support of the project.
Angel Sanchez, family member of applicant, spoke in support of the project.
Monica Magana spoke in support of the project and the family who is building the project is good and hardworking.
Eddie Casarez spoke in support of the project and stated the family is very hard working.
Richard Dobbs spoke in support of the project and stated the family is very hard working.
Bill Naylor applauded the family for building a business and stated he supports the project.
Mike Thompson had a question about Circle K and distilled spirits on this site.
City Council Minutes - September 21, 2022
City Manager Sassoon discussed that the denial was only for the distilled spirits.
Mayor Newton closed the Public Hearing.
Mayor Newton asked about the properties behind the project and the zoning.
Assistant Planner Diaz stated that it is all A1 Zoning.
Council Member Aleman asked questions related to how ABC determines the amount of licenses of various types are allowed in a census tract.
Assistant Planner Diaz stated ABC separates areas by census tract; currently the City has 2 onsite and 2 offsite permits in this census tract. She stated it is up to the City to review and approve Conditional Use Permits.
Council Member Aleman asked if restaurants are included in the number of permits listed and discussed that a line has to be drawn somewhere. She reminded staff that the CUP will stay with the property.
Mayor Newton stated the City has always been out of compliance and the City has always exceeded the ABC amount.
Assistant Planner Diaz answered questions and clarified issues.
City Attorney Harper answered questions.
Council Member Hoffman spoke about the need for better policing on this type of permit and his past experience as a law enforcement officer with this issue.
Council Member Bash had a question about other properties that the family own.
He stated he appreciated how the Planning Commission and staff looked at this issue and vetted it. He stated that no findings were found to overturn denial.
Following discussion motion was made.
M/S HOFFMAN/BASH Uphold the determination of the Planning Commission to deny Conditional Use Permit (CUP) 2022-04. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
City Council Minutes - September 21, 2022
ABSTAIN: NONE
6.B. Ordinance No. 1087 (City of Norco): A City initiated proposal to Extend the existing Moratorium for 10 months, 15 days on the Submittal and/or Approval of New Entitlement Applications for the Construction of Industrial and Warehouse Buildings.
Planning Director Robles presented the report on Ordinance No. 1087 regarding the proposal to extend the existing Moratorium for 10 months, 15 days on the submittal and/or approval of new Entitlement Applications for the construction of industrial and warehouse buildings.
Council Member Hoffman had questions as to the length of the extension and what has been done so far.
Planning Director Robles addressed Council Member Hoffman's concerns.
City Manager Sassoon discussed that the statutes lay out the dates and length for the time lines on these types of Moratoriums.
City Attorney Harper clarified the timelines allowed.
Mayor Newton opened the Public Hearing.
There were no public comments.
Mayor Newton closed the Public Hearing.
Following discussion motion was made.
M/S ALEMAN/BASH Adopt Ordinance No. 1087 (City of Norco): Extending the existing moratorium for 10 months, 15 days on the submittal and/or approval of new entitlement applications for construction of Industrial and warehouse buildings. The Motion was carried by the following roll call vote:
AYES: ALEMAN, BASH, NEWTON, GRUNDMEYER, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.C. Ordinance No. 1088, First Reading: Amending Norco Municipal Code Section
5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties.
Code Amendment 2022-05.
City Council Minutes - September 21, 2022
Community Services Director Anglin introduced Ordinance 1088 related to bee keeping and apiaries and turned presentation over to Animal Control Superintendent Sparks.
Animal Control Superintendent Sparks presented a report regarding the amendment of Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties.
Council Member Bash had questions related to the EAT Program being involved and can community members raise bees on properties they do not own.
Council Member Aleman asked if she could allow someone to keep bees on her property.
Animal Control Superintendent Sparks stated that in order to have bees you must be the owner and occupant of the property. He stated this is the best way to hold bee keepers accountable.
Council Member Hoffman asked to have more clarification as to what "tenant" means in the Ordinance. He stated he does not see it listed as owner/occupant of property in order to have bees.
City Attorney Harper stated that the Ordinance should state "Owner Occupied" not "tenant" in order to be clearer to residents.
Council Member Hoffman had questions and concerns related to the permit process, fees, inspections and if there will be hearings for the neighborhood.
Community Services Director Anglin stated there is no hearing process, but Animal Control is prepared to take care of complaints quickly as they arise.
Animal Control Superintendent Sparks stated fees are part of the fee schedule currently in place and it will be reviewed for increases every year.
Council Member Hoffman had questions related to the flight pattern of the bees, how they are controlled and who is tracking how many properties are keeping bees.
Animal Control Superintendent Sparks addressed the questions on the flight pattern and stated that Animal Control will be tracking the bee permits.
City Attorney Harper stated that Section H on Page 5 of the Ordinance will need to read "Owner/Occupant".
City Council Minutes - September 21, 2022
Mayor Newton opened the Public Hearing.
Mike Williams spoke against bee keeping and gave an example of a negative experience he encountered with bees and his horses.
Sigrid Williams spoke against the amendment to the Ordinance and gave an example of a negative experience she encountered with bees and her horses.
She provided pictures to the City Council for the record.
Mayor Newton closed the Public Hearing.
Mayor Pro Tem Grundmeyer asked Animal Control Superintendent Sparks to explain the information that was provided by the experts from the University of California Riverside Entomology Department.
Council Member Hoffman reiterated his concerns for bees and the young riders in Norco.
Mayor Pro Tem Grundmeyer discussed that Norco has had a push to increase agriculture, and horses and agriculture has existed together for centuries. She stated that Norco must accept all parts of the eco-system. She stated there is danger in production agriculture and the current bee keeping Ordinance we have is restrictive, and needs change. She stated that Norco does work with the County of Riverside as well for reporting of apiaries in Norco.
Council Member Aleman asked if there are any people keeping bees without the bee permits.
Animal Control Superintendent Sparks stated at that he is unaware of any at this time.
Council Member Aleman discussed bees and why they are important. She stated our identity in Norco is agriculture. She stated she supported this item and thanked staff for their hard work and working with experts in the field.
Mayor Newton stated that issues in the hills with horses and bees is different than controlled keeping in the City. He stated that the magnitude of this would be small and controllable. He stated that this aligns with Horsetown USA and Norco's Mission.
Community Services Director Anglin stated that the professionals from UC Riverside and EAT have all offered trainings to help those who want to have bees in the City.
City Council Minutes - September 21, 2022
Following discussion the motion was made.
M/S GRUNDMEYER/ALEMAN Adopt Ordinance No. 1088, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2022-05 with amendment to Section 5.36.060 (H) to state "Owner/Occupied", and schedule Second Reading on October 5, 2022. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, AND BASH
NOES: HOFFMAN
ABSENT: NONE
ABSTAIN: NONE
6.D. Hearing Continued to October 5, 2022 - An Ordinance of the City Council of the City of Norco, California, amending Norco Municipal Code Title 8 "Animals", to add Chapter 8.09 "Working Animal Protection Act." Code Amendment 2022-04.
M/S ALEMAN/BASH To continue hearing regarding An Ordinance of the City Council of the City of Norco, California, amending Norco Municipal Code Title 8 "Animals", to add Chapter 8.09 "Working Animal Protection Act" to October 19, 2022. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
City Manager Sassoon congratulated the Norco Fair Committee and the many City staff members that did a great job on the fair. She addressed why she made the decision to not have the City outreach booth at the fair.
Public Works Director Blais reminded staff and the community of the Community Clean Up Event scheduled for October 1st at the George Ingalls Event Center.
Council Member Hoffman thanked the City Manager and Animal Control staff for meeting to discuss emergency measures in the City.
City Council Minutes - September 21, 2022
8. ADJOURNMENT
Mayor Newton Adjourned the meeting at 10:05 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: October 5, 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 the Shadow Canyon Circle Sanitary Sewer Replacement Project as Complete
RECOMMENDATION:
Accept the Shadow Canyon Circle Sanitary Sewer Replacement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Shadow Canyon Circle Sanitary Sewer Replacement Project consisted of the replacement of the existing 8" sewer main on Shadow Canyon Circle.
BACKGROUND:
On May 5, 2021, City Council awarded a contract to Lake Arrowhead Construction Inc. (dba Trinity Construction, Inc.) in the amount of $895,656 and authorized the City Manager to approve contract change orders up to 10% for the Shadow Canyon Circle Sanitary Sewer Replacement Project. The final contract amount paid to Trinity Construction, Inc. was $869,397. The reduction in the amount paid was primarily due to the removal of two new manholes.
Trinity Construction, Inc. has completed all the work required to the satisfaction of the City Engineer, and a Notice of Completion has been prepared for recordation.
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: Lori Sassoon, 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
SHADOW CANYON CIRCLE SANITARY SEWER REPLACEMENT PROJECT IN THE CITY OF NORCO IN
ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND TRINITY CONSTRUCTION, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 5 TH DAY OF OCTOBER, 2022.
THE WORK DONE: CONSISTED OF THE REPLACEMENT OF THE EXISTING 8" SEWER MAIN ON SHADOW CANYON CIRCLE, IN 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 MAY 5, 2021, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY TRINITY CONSTRUCTION, INC. LOCATED IN CEDAR GLEN, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED MAY 5, 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 SURE TEC 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.
October 5, 2022
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DANA ROA, CMC
CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 10/05/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK, CITY OF NORCO
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:
Memorandum of Understanding for Utility Workers Union of America, Local 606 RECOMMENDATION:
Adopt Resolution No. 2022-73 to approve the Memorandum of Understanding between the City of Norco and Utility Workers Union of America, Local 606 for FY 2022-2023 SUMMARY:
The current Memorandum of Understanding (MOU) between the City and the Utility Workers Union of America, Local 606 (Local 606) expired June 30, 2022. Changes to the existing MOU include an 8% salary adjustment, increase of $250 per month in employer contribution towards CalPERS Health insurance premium (Exhibit A), updated job classification list, addition of language regarding safety boot allowance and increase in Standby incentives.
BACKGROUND:
Representatives from the Local 606 have met with the City’s management representative and Labor Attorney to negotiate salaries and benefits. They have conferred in good faith and agreed on the terms of the new MOU for a one-year contract through June 30, 2023.
The recommended MOU provides for an 8% salary adjustment effective the first full pay period following approval of the MOU, an increase of $250 per month in employer contribution towards health insurance premiums effective December 1, 2022 and some changes to standby incentives. A non-financial change to the MOU consists of updating the list of represented classifications to include the Facilities Maintenance Worker I/II which was approved by City Council on October 6, 2021 (Resolution No. 2021-71).
FISCAL IMPACT:
The estimated total cost for implementation of this MOU is $178,000.
RELATIONSHIP TO STRATEGIC PLAN:
The recommended MOU is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Exhibit A - Tentative Agreement
Exhibit B - Salary Schedule
Resolution No. 2022-73
MOU - Local 606
TENTATIVE AGREEMENT
CITY OF NORCO PROPOSAL
September 21, 2022
Local606
Some portions of this proposal are in concept format; final language will be drafted as appropriate. This proposal is a comprehensive package/proposal. The provisions contained herein are not separate proposals, but are part of a package, which ultimately for final approval by the City Council, must be accepted in its entirety or it shall be deemed rejected. MOU language not changed in this comprehensive proposal shall remain unchanged; however, language that has sunset will be deleted.
This proposal is not retroactive and is effective on a go forward basis.
Article 3 - Salaries
• 8% base wage increase effective the first full pay period following City Council approval of new MOU.
Article 6 -Health Insurance. Monthly City contribution $1,500 (increase of $250 per month) effective the first of the month 30 days after City Council approves the health resolution.
Article 21-Standby-
• Increase Standby pay- First person on standby- 2 hours/day in pay; second person -1 hour/day in pay
• SCADA stipend $70 (increase of $20)
Article 28 -Uniforms - insert specific language not to exceed $225; Union agrees to withdraw grievance.
Article Term - Revise to reflect term through June 30, 2023.
Dated: Septembei2.2, 2022
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10114060.1 NO0J0-014
Dated: t mber� 2022
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EXHIBIT "A"
Classification/Position Title
Salary
Range
No.
Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly PW Lead Worker 46 67,759$ $ 5,647 36.1961$ 69,792$ $ 5,816 37.2820$ 71,886$ $ 5,990 38.4004$ 74,042$ $ 6,170 39.5524$ 76,263$ $ 6,355 40.7390$ PW Inspector II 46 67,759$ $ 5,647 36.1961$ 69,792$ $ 5,816 37.2820$ 71,886$ $ 5,990 38.4004$ 74,042$ $ 6,170 39.5524$ 76,263$ $ 6,355 40.7390$ Water Quality Control Technician II 40 58,450$ $ 4,871 31.2231$ 60,203$ $ 5,017 32.1598$ 62,009$ $ 5,167 33.1246$ 63,870$ $ 5,322 34.1184$ 65,786$ $ 5,482 35.1419$ Sewer Collections Control Technician II 40 58,450$ $ 4,871 31.2231$ 60,203$ $ 5,017 32.1598$ 62,009$ $ 5,167 33.1246$ 63,870$ $ 5,322 34.1184$ 65,786$ $ 5,482 35.1419$ PW Maintenance Worker III 40 58,450$ $ 4,871 31.2231$ 60,203$ $ 5,017 32.1598$ 62,009$ $ 5,167 33.1246$ 63,870$ $ 5,322 34.1184$ 65,786$ $ 5,482 35.1419$ PW Inspector I 40 58,450$ $ 4,871 31.2231$ 60,203$ $ 5,017 32.1598$ 62,009$ $ 5,167 33.1246$ 63,870$ $ 5,322 34.1184$ 65,786$ $ 5,482 35.1419$ PW Maintenance Worker II 32 50,419$ $ 4,202 26.9334$ 51,932$ $ 4,328 27.7414$ 53,490$ $ 4,457 28.5736$ 55,094$ $ 4,591 29.4308$ 56,747$ $ 4,729 30.3137$ Water Quality Control Technician I 32 50,419$ $ 4,202 26.9334$ 51,932$ $ 4,328 27.7414$ 53,490$ $ 4,457 28.5736$ 55,094$ $ 4,591 29.4308$ 56,747$ $ 4,729 30.3137$ Sewer Collections Control Technician I 32 50,419$ $ 4,202 26.9334$ 51,932$ $ 4,328 27.7414$ 53,490$ $ 4,457 28.5736$ 55,094$ $ 4,591 29.4308$ 56,747$ $ 4,729 30.3137$ PW Maintenance Worker I 26
43,492$ $ 3,624 23.2330$ 44,797$ $ 3,733 23.9299$ 46,141$ $ 3,845 24.6478$ 47,525$ $ 3,960 25.3873$ 48,951$ $ 4,079 26.1489$ Facilities Maintenance Worker II 13
44,763$ $ 3,730 23.9116$ 46,105$ $ 3,842 24.6290$ 47,489$ $ 3,957 25.3679$ 48,913$ $ 4,076 26.1289$ 50,381$ $ 4,198 26.9128$ Parks Maintenance Worker II 13
44,763$ $ 3,730 23.9116$ 46,105$ $ 3,842 24.6290$ 47,489$ $ 3,957 25.3679$ 48,913$ $ 4,076 26.1289$ 50,381$ $ 4,198 26.9128$ Facilities Maintenance Worker I 11
38,613$ $ 3,218 20.6264$ 39,771$ $ 3,314 21.2452$ 40,964$ $ 3,414 21.8825$ 42,193$ $ 3,516 22.5390$ 43,459$ $ 3,622 23.2152$ Parks Maintenance Worker I 11 38,613$ $ 3,218 20.6264$ 39,771$ $ 3,314 21.2452$ 40,964$ $ 3,414 21.8825$ 42,193$ $ 3,516 22.5390$ 43,459$ $ 3,622 23.2152$
CITY OF NORCO
UTILITY WORKERS UNION OF AMERICA, LOCAL 606
CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 10/15/2022
Step A Step B Step C Step D Step E
EXHIBIT "B"
RESOLUTION NO. 2022-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NORCO AND UTILITY
WORKERS UNION OF AMERICA, LOCAL 606.
WHEREAS, a Memorandum of Understanding (“MOU”) between the City of Norco (“City”) and the Utility Workers Union of America, Local 606. (“Local 606”) covering the period of July 1, 2021 through June 30, 2022 will expire; and WHEREAS, the City and Local 606 have met and conferred in good faith and have agreed on the terms and conditions set form in a MOU covering the period of July 1, 2022 through June 30, 2023; and
WHEREAS, the City and Local 606 have tentatively agreed to an 8% base salary adjustment to the positions covered under the MOU between the City of Norco and Local 606 effective the first full pay period after City Council approves the FY 2022/2023 MOU between the City of Norco and Local 606; and
WHEREAS, the City and Local 606 have tentative agreed to a monthly increase of $250 in city-contributions for health insurance (total of $1,500/month) effective the first of the month after 30 days of the City Council approval of the health resolution.
NOW THEREFORE, BE IT RESOLVED: The City Council does hereby approve the terms and conditions set form in the attached Memorandum of Understanding (MOU) between the City of Norco and the Utility Workers Union of America, Local 606 (Local 606) for the period covering July 2, 2022 through June 30, 2023 PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 5, 2022.
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2022-73– Approving MOU for UWUA Local 606
October 5, 2022
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 October 5, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on October 5, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
July 1, 2022-June 30, 2023
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF NORCO
AND
UTILITY WORKERS UNION OF AMERICA,
LOCAL 606
UWUA-Local 606 - 2
City __________ UWUA-Local 606 __________
UTILITY WORKERS UNION OF AMERICA – LOCAL 606
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PAGE
ARTICLE 1 Preamble 4
ARTICLE 2 Recognition 4
ARTICLE 3 Salaries 4
Certification Pay 4
ARTICLE 4 PERS Benefits
Employees Hired on/prior to December 31, 2012
6 ARTICLE 5 PERS Benefits
Employees Hired on/after January 1, 2013
6 ARTICLE 6 Health Insurance 6
ARTICLE 7 Dental Insurance 6
ARTICLE 8 Vision Insurance 7
ARTICLE 9 Life Insurance 7
ARTICLE 10 Long Term Disability Insurance 7
ARTICLE 11 Continuous Service Bonus 7
ARTICLE 12 Sick Leave 7
ARTICLE 13 Employee on Leave Compensation 7
ARTICLE 14 Sick Leave Buy Back 8
ARTICLE 15 Sick Leave Buy Back on Separation 8
ARTICLE 16 Bereavement 8
ARTICLE 17 Jury Duty 8
ARTICLE 18 Holidays 9
ARTICLE 19 Vacation 9
ARTICLE 20 Compensatory Time 10
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ARTICLE 21 Standby 10
ARTICLE 22 Overtime 11
ARTICLE 23 Emergency Call Out 11
ARTICLE 24 Court Time Compensation 11
ARTICLE 25 Tuition Reimbursement 11-12
ARTICLE 26 Motor Vehicle Reports – DMV Pull Notice 12
ARTICLE 27 Acting Pay 12
ARTICLE 28 Uniforms 12
ARTICLE 29 Deferred Compensation 13
ARTICLE 30 State Disability Insurance 13
ARTICLE 31 Injury on Duty - Worker’s Compensation 13
ARTICLE 32 Fatigue Time Off 13-14
ARTICLE 33 Layoff Procedure 14
ARTICLE 34 Severance Pay - Layoff 14
ARTICLE 35 Management Rights 14-15
ARTICLE 36 Union Information/Dues 15-16
ARTICLE 37 Provisions of Law 16
ARTICLE 38 General Provisions 16
SIGNATURE PAGE 17
UWUA-Local 606 - 4
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MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NORCO AND
UTILITY WORKERS UNION OF AMERICA, LOCAL 606
ARTICLE 1 PREAMBLE
Representatives of the City of Norco and the Utility Workers Union of America, Local 606 have met and conferred on salaries and benefits for the Fiscal Year beginning July 1, 2022. The following items have been agreed upon. The term of this Agreement shall be for one (1) year for the period beginning July 1, 2022 and ending June 30, 2023.
ARTICLE 2 RECOGNITION
The City recognizes the Utility Workers Union of America, Local 606 as the exclusive representative of the following classifications:
Public Works Maintenance Lead Worker
Water Quality Control Technician
Sewer Collections Technician I/II
Public Works Inspector I/II
Public Works Maintenance Worker I/II/III
Park Maintenance Worker I/II
Facilities Maintenance Technician I/II
Employees hired into the above classifications have a one year probationary period.
ARTICLE 3 SALARIES
1. Effective the first full pay period after Council approval of this MOU, salary adjustment of 8% for all classifications represented by the Union. Employees are not eligible for any certification pay that is required for his/her position.
2. Certification Pay: Employees who successfully complete a certificate program for job related certifications in water distribution, treatment, collections or park operations, which are not a requirement of initial employment or current position, shall receive a special pay differential of two and one-half percent (2½ %) above base salary. Multiple certifications achieved above the minimum job specifications will not qualify for additional certification pay.
Employees must maintain a valid certificate to be eligible for the special pay differential. Employees who have lapsed/expired certificates will not be eligible for special pay and pay will not be paid retroactively.
UWUA-Local 606 - 5
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Classification Required Certifications
PW Maintenance Lead Worker State of California Grade III Water Distribution State of California Grade I Water Treatment
State of California Grade I Sewer Collections
Public Works Inspector II State of California Grade II Water Distribution State of California Grade II Sewer Collections
Public Works Inspector I State of California Grade I Water Distribution State of California Grade I Sewer Collections
Water Quality Control Technician II State of California Grade II Water Distribution State of California Grade II Water Treatment
Water Quality Control Technician I State of California Grade I Water Distribution State of California Grade I Water Treatment
Sewer Collections Technician II State of California Grade II Water Distribution State of California Grade II Sewer Collections
Sewer Collections Technician State of California Grade I Water Distribution State of California Grade I Sewer Collections
PW Maintenance Worker III State of California Grade III Water Distribution State of California Grade I Water Treatment
Or
State of California Grade II Water Distribution
State of California Grade II Water Treatment
PW Maintenance Worker II State of California Grade II Water Distribution State of California Grade I Water Treatment
PW Maintenance Worker I State of California Grade I Water Distribution Parks Maintenance Worker II California Department of Pesticide Regulation Qualified Application License (QAL)
Parks Maintenance Worker I California Department of Pesticide Regulation Qualified Application Certificate (QAC)
The City will reimburse for the State of California Grade 1 Water Distribution Operators Certification and Class A License for new hires upon completion of probation.
The City will reimburse all employees for maintenance of required certifications for their current positions.
Obtaining required certifications will be reimbursed pursuant to the provisions of Article 25 Tuition Reimbursement.
Employees will be eligible for promotion upon verification of position required certifications.
UWUA-Local 606 - 6
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ARTICLE 4 PERS BENEFITS / EMPLOYEES HIRED ON/PRIOR TO DECEMBER 31, 2012
1. For employees hired on or prior to December 31, 2012 and new hires who are “Classic” Members, the City has a contract with CalPERS to provide employees with the 2.7% at 55 Full Formula (Section 21354.5). The City has agreed to pay 100% of the employer contribution rates toward retirement and the employee will pay 8% of the employee contribution rates toward retirement through the CalPERS Retirement System.
Other benefits in the CalPERS agreement include:
a. Section 20965: Credit for Unused Sick Leave. Unused accumulated sick leave at time of retirement may be converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave.
b. Section 21574: Fourth Level 1959 Survivors Benefits. This benefit provides a higher level of 1959 Survivor Benefits to survivors of a member who dies prior to retirement. c. Three-year final compensation (36 highest paid consecutive months).
2. City shall implement all other requirements mandated by the Public Employees’ Pension Reform Act of 2013.
ARTICLE 5 PERS BENEFITS / EMPLOYEES HIRED ON/AFTER JANUARY 1, 2013
1. The retirement formula for miscellaneous employees hired on/after January 1, 2013 is 2% at 62, with a maximum benefit of 2.5% at 67.
2. Employees must contribute at least 50% of the normal cost rate for the defined benefit plan, rounded to the nearest quarter percent, currently 6.25%.
3. Employer may not pay any of the employee share of pension cost.
4. City shall implement all requirements mandated by the Public Employees’ Pension Reform Act of 2013.
ARTICLE 6 HEALTH INSURANCE
1. The City will participate with the State of California for health benefit programs available through CalPERS.
2. The City agrees to pay up to $1,500 a month for those employees and their dependents enrolled in any of the available CalPERS health plans effective the first of the month 30 days after City Council approves the CalPERS health resolution.
3. Any eligible employee who elects to opt-out of health benefits will be paid a monthly cash amount equal to the lowest basic single rate premium in the CalPERS Other Southern California Region in lieu of health benefits, providing the following requirements are met:
a) An election form to opt-out of health benefits is completed. b) Satisfactory proof of other coverage is provided.
ARTICLE 7 DENTAL INSURANCE
The City will provide a choice between a HMO dental insurance plan, fully paid by the City for both the employee and dependent coverage, and a PPO dental insurance plan with the City’s contribution limited to the cost of the HMO dental insurance premium.
UWUA-Local 606 - 7
City __________ UWUA-Local 606 __________
ARTICLE 8 VISION INSURANCE
The City will provide a vision care plan that is fully paid by the City for both employee and dependent coverage.
ARTICLE 9 LIFE INSURANCE
The City will provide term life insurance benefit equal to the employee’s annual salary (rounded to the nearest thousand) and $5,000 dependent life benefit, fully paid by the City for both employee and dependent coverage. The annual salary will be the monthly base salary times twelve.
ARTICLE 10 LONG TERM DISABILITY INSURANCE
The City of Norco will offer an optional Long-Term Disability plan at the employee’s expense.
ARTICLE 11 CONTINUOUS SERVICE BONUS
In recognition of years of service to the City, a Continuous Service Bonus shall be given on the anniversary date of the employee as follows:
• Five-year anniversary $100
• Ten-year anniversary $300
• Fifteen year anniversary $500
• Twenty-year anniversary $700
• Twenty-five year anniversary $1,000
• Thirty-year anniversary $1,250
ARTICLE 12 SICK LEAVE
1. Full-time employees assigned to the 36-hour workweek shall accrue 8.1 hours of sick leave per month.
2. Employees may use accrued paid sick leave beginning on the 90th day of employment. Sick leave may be used for employee or a family member for diagnosis, care or treatment of an existing health condition or preventive care, or specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.
3. Employees may use up to half of their accumulated sick leave for immediate family or domestic partner illness or medical emergency and up to three days of accumulated sick leave in addition to the three days of bereavement leave for the death of an immediate family member or domestic partner.
4. If an employee uses sick leave prior to or after a City paid holiday, employee must provide a doctor’s notice.
5. Sick leave of three or more days is recognized as FMLA and requires a doctor’s notice.
ARTICLE 13 EMPLOYEE ON LEAVE COMPENSATION
An employee on leave without pay, excluding FMLA, CFRA, Military and Disability, shall receive no compensation, including pay for holidays, and shall accumulate no vacation or sick leave while on such leave but shall continue to receive the benefits of continuous service and insurance coverage.
The employee’s department head shall approve all leaves without pay. The City shall use any accrued sick or vacation accrual for payment of any elected benefit premiums.
UWUA-Local 606 - 8
City __________ UWUA-Local 606 __________
ARTICLE 14 SICK LEAVE BUY-BACK
1. At the option of the employee, the City shall pay to each employee on the payroll immediately following December 1 of year, 40% of the employee’s unused sick leave for the previous 12 months with the time paid to be deducted from the employee’s total sick leave accumulation.
2. If the employee is enrolled in any City of Norco deferred compensation program, the employee will have the option of contributing the money in their deferred compensation account. Employee must submit a deferral change form to payroll for processing.
3. In order to be eligible for a sick leave buy back, the employee must have been employed with the City for six months and have successfully completed his/her probationary period as of December 1 of each year.
4. Individuals on probation due to promotions will be eligible for the buy back.
ARTICLE 15 SICK LEAVE BUY BACK ON SEPARATION
After ten years of service, the City shall pay 50 percent of any sick leave accumulation to the employee at the time of death, retirement or separation from the City up to a maximum of ninety days.
ARTICLE 16 BEREAVEMENT
1. Bereavement leave shall be provided in the amount of three days in the event of the death of a member of the employee’s immediate family. Such bereavement leave shall not be deducted from an employee’s accumulated sick leave.
2. Employees may use up to three (3) days of accumulated sick leave in addition to the three (3) days bereavement for the death of an immediate family member.
3. Immediate family shall be defined as any relative who is a member of the employee’s household, and any parent, grandparent, spouse, domestic partner, child, brother or sister of the employee. The parent, brother or sister of the employee’s spouse, domestic partner, ex-spouse, or deceased spouse, regardless of residence or employee’s current marital status, is also eligible.
ARTICLE 17 JURY DUTY
1. An employee of the City who is requested to serve on jury duty shall notify his/her supervisor who shall in turn notify his/her department head.
2. While serving on jury duty, an employee shall receive his/her regular salary from the City. The employee shall remit to the City all compensation received as a result of serving on jury duty, except mileage reimbursement.
3. Jury duty limit will be 72 paid hours per fiscal year. An employee must submit documentation of court attendance. Jury duty will be paid for regularly scheduled work days up to the maximum of 72 paid hours per year. Documentation must be attached to corresponding time sheet for payment.
UWUA-Local 606 - 9
City __________ UWUA-Local 606 __________
ARTICLE 18 HOLIDAYS
1. Employees shall receive the following paid days off for holidays each year:
1. New Year’s Day
2. Martin Luther King’s Birthday
3. President’s Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Christmas Eve Day
10. Christmas Day
11. Birthday
The birthday holiday must be taken within the pay period of the employee’s birthday.
12. 3 Floating Holidays
New hires’ floating holidays will be pro-rated. If hired between July 1 – October 31 new hires will accrue three (3) floating holidays, if hired between November 1 – February 28 new hires will accrue two (2) floating holidays, if hired between March 1 – June 30 new hires will accrue one (1) floating holiday. New hires are not required to complete probation to use accrued floating holiday(s). Days off must have prior approval by immediate supervisor. All floating holidays must be used or will be lost by June 30 each year.
2. In the event when any holiday falls on a Friday or Saturday the Thursday preceding shall be observed as the holiday, or if the holiday falls on a Sunday, the Monday following shall be observed as the holiday.
3. The City shall pay nine (9) hours for each holiday.
ARTICLE 19 VACATION
1. Full-time employees shall receive vacation accruals as follows:
Vacation Accumulation Hours of Service Maximum
Accrual
86.4 hours per year / 3.32 hours per pay period Up to 7,488 (4 yrs) 192 hours 129.6 hours per year / 4.98 hours per pay period 7,489 – 16,847 (9 yrs) 288 hours 151.2 hours per year / 5.82 hours per pay period 16,848 - 26,207 (14 yrs) 336 hours 172.8 hours per year / 6.65 hours per pay period 26,208 – 99,999 384 hours
2. Employees will cease to accrue vacation hours when in any pay period they exceed their annual accrual as determined by their anniversary date.
UWUA-Local 606 - 10
City __________ UWUA-Local 606 __________
ARTICLE 20 COMPENSATORY TIME
1. In lieu of overtime pay, employees may be granted compensatory time, if requested by the employee and approved in advance by the City Manager or designee. However, it is the City’s intent to minimize compensatory time authorization. Therefore, employees should not expect to have compensatory time authorized.
2. Compensatory time granted will accrue at a rate of one and one half hours per overtime hour worked, except for overtime worked on holidays and weekend emergency call outs.
4. Compensatory time granted will accrue at a rate of two hours per overtime hour worked on holidays and weekend emergency call outs.
5. Employees may accumulate 72 hours of compensatory time used at the employee’s discretion with the approval of the immediate supervisor.
6. The decision to allow compensatory time in lieu of overtime is solely a management decision.
7. Subject to the 72-hour limit above, management can be expected to approve an employee request for compensatory time in lieu of paid overtime if hours to be accumulated as compensatory time are not reasonably expected to result in the need to backfill resultant lost productivity when the hours are taken off work, by necessitating a management decision to pay regular pay, overtime pay, or grant additional compensatory time to the requestor or another employee or require hiring temporary or consulting personnel.
ARTICLE 21 STANDBY
1. Assignment of personnel to standby shall be the prerogative of management and employees shall be subject to standby or call-out as deemed necessary.
2. First standby personnel must be able to respond within thirty minutes of being called. Second standby must report within one hour.
3. First Standby shall be paid the equivalent of fourteen (14) hours per one week (7 consecutive days Thursday, 6:30 a.m. thru Thursday, 6:30 a.m. of the following week) standby assignment. Should an employee not complete a full week of first standby, employee shall be eligible for only two (2) hours of pay per day.
4. Second Standby shall be paid the equivalent of seven (7 hours per one week (7 consecutive days Thursday, 6:30 a.m. thru Thursday, 6:30 a.m. of the following week) standby assignment. Should an employee not complete a full week of second standby, employee shall be eligible for one (1) hour of pay per day.
5. All Water Quality Control and Sewer Collection Technician positions are required to provide SCADA standby on a continuous basis. SCADA standby shall be defined as responding or acknowledging any after-hours alarm sent by SCADA and/or any computer changes made to SCADA via phone or laptop. Each employee under this classification shall be provided a monthly stipend of $70 per week.
Should an employee not be available for a full week, amount will be pro-rated.
6. Any response to a SCADA alarm that requires an employee to conduct a physical after-hours callout into the field to resolve an issue shall be paid pursuant to the provisions of Article 22 Overtime.
7. Employees who are not on assigned standby but are “called out” are required to respond if contacted and instructed to report to work.
UWUA-Local 606 - 11
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ARTICLE 22 OVERTIME
1. For employees assigned to the 36-hour workweek, the City will compensate employees for overtime in excess of 36 hours per week paid at a rate of time and one-half, except for holidays and emergency call outs on Saturday and Sunday.
2. Scheduled overtime work on weekends, Saturday 12:01a.m. thru Sunday 12:00p.m., will be compensated at a rate of time and one –half.
3. The City will compensate employees for overtime on holidays and weekend emergency call outs at a rate of double time. If the emergency call out extends into Monday morning, the entire call out period will be paid at double time until the call out ends or thru 6:00a.m. Monday morning, whichever is first.
4. An employee’s scheduled workweek may or may not be a traditional Monday through Friday workweek. The City will not arbitrarily change an employee’s work schedule to make Sunday a regular work day and thus, avoid paying overtime to the employee. Not withstanding the preceding sentence, the Association understands that the City has management rights to set the work schedule of any new hires from the date of amendment dated May 24, 2007 and that such schedule may include Sunday as a regularly scheduled workday and thus will not be subject to overtime compensation under the Federal Labor Standards Act (FLSA).
5. The regular 36-hour workweek is considered to be 36 hours of paid time, which will include holidays, sick leave, vacation and compensated time off.
ARTICLE 23 EMERGENCY CALL OUT
1. Employees will be compensated for a minimum of two hours when performing emergency call out work.
2. Employee compensation rate is addressed in Article 21.
ARTICLE 24 COURT TIME COMPENSATION
City employees will be compensated for City of Norco duty-related and required court appearances in those cases where the employee is required to report to the court when he/she is not scheduled to work.
ARTICLE 25 TUITION REIMBURSEMENT
1. The City will provide tuition reimbursement in an amount not to exceed $400.00 per semester or quarter, not to exceed $800.00 per year, for the purpose of offsetting the costs of actual tuition, course cost and/or book expense incurred by such employee.
2. The benefit is intended only for courses related to the furtherance of employees' careers in the water and sewer industry.
3. To be eligible for reimbursement the course must be on a pre-approved list and must be preapproved by the Department Head and City Manager prior to enrollment.
Pre-Approved List
(1) Any Water or Sewer Industry course offered by an accredited college. (2) Any Park Operations course offered by an accredited college. (3) Any course offered by an accredited college that would apply and be necessary toward an Associate of Science, Associate of Arts, Bachelor of Science or Bachelor of Arts degree.
(4) Any California Division of Drinking Water (DDW) recommended courses which may be used towards a Water Distribution and/or Water Treatment Certification.
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(5) Any California Water Environment Association (CWEA) recommended courses which may be used towards a Wastewater Collections Certification.
4. Receipts and a passing score for courses and certification tests are required prior to reimbursement.
5. Courses are to be completed on the employee’s own time.
6. Mileage incurred for education or testing are not reimbursable.
7. All persons participating in the tuition reimbursement program must maintain a passing grade of “C” and submit satisfactory proof with the reimbursement request. A grade of “B” is required for master’s level class reimbursement.
8. There will be no reimbursement if employee fails to obtain a passing grade or complete a course.
9. Should an employee fail to obtain a passing grade or fail to complete the course, he/she shall be obligated to reimburse the City for his/her reimbursement if prepayment had been made.
ARTICLE 26 MOTOR VEHICLE REPORTS - DMV PULL NOTICE
Public Works and Parks Maintenance represented employees are included in the Department of Motor Vehicles (DMV) Pull Notice program. Class A drivers are enrolled in the Department of Transportation (DOT) random drug testing program.
Driver license reports are released to the City from the DMV annually and upon a vehicle violation. Employees in the Pull Notice Program are responsible for maintaining and keeping in good standing their driver license and any driver certificate requirement.
Employees are responsible to immediately notify their supervisor whenever there is a motor vehicle violation which would have a negative impact on the required driver license.
ARTICLE 27 ACTING PAY
1. Employees shall be eligible for acting pay for temporarily filling a position of a higher classification beyond a period of ten consecutive workdays or for filling a position of a higher classification for an interim period during a vacancy.
2. Employees shall be compensated one step or at a rate of five percent higher than his/her current salary if his/her current position is in a range that overlaps the range of the higher classification being filled, or be compensated two steps or at a rate of ten percent higher than his/her current salary, if the position being temporarily filled is beyond subject employee’s pay range.
3. Eligibility for acting pay shall be determined by employee’s Department Head with the approval of the City Manager.
ARTICLE 28 UNIFORMS
1. The City shall purchase all special equipment and uniforms required of an employee in relation to the employee’s job duties.
2. All uniforms purchased by the City, and all identifying patches, badges, etc., must be returned to the City when an employee terminates his/her employment.
3. The City shall approve the store to be used for purchase of uniforms and boots (boot purchase not to exceed $225).
UWUA-Local 606 - 13
City __________ UWUA-Local 606 __________
ARTICLE 29 DEFERRED COMPENSATION
1. The City of Norco offers several deferred compensation plans.
2. Any City employee may elect to participate. The plans provide employees the ability to defer current income from state and federal taxes to provide future payments upon death, disability retirement or separation from the City.
3. Employees may defer a minimum of $10 per payroll period up to a maximum that is determined by Internal Revenue Service Code 457k.
4. The provisions of deferred compensation are subject to change in accordance with Internal Revenue Code Section 457k.
ARTICLE 30 STATE DISABILITY INSURANCE
1. Employees of the City are covered under State Disability Insurance.
2. The State Disability Insurance (SDI) shall provide benefits to employees consistent with state laws, and shall be paid per state law.
3. An employee may request to supplement his/her State Disability Insurance with his/her available sick leave or vacation time to maintain a regular salary while receiving disability benefits.
ARTICLE 31 INJURY ON DUTY – WORKERS COMPENSATION
1. An employee injured on the job must notify their supervisor and Human Resources immediately and submit claim form within one business day of injury and/or illness.
2. Unless an employee has completed a “Designation of Personal Physician” form prior to an injury and/or illness, an employee needing medical treatment should be referred to the City’s authorized clinic to be provided with medical care.
3. The City Worker’s Compensation Insurance Program shall provide compensation to employees injured on duty consistent with state laws and other worker’s compensation laws. An injury must meet the test of both arising out of employment and occurring during the course of employment to be compensable under worker’s compensation.
4. An injured employee under Worker’s Compensation may request to supplement his/her Worker’s Compensation payments with his/her available sick leave or vacation time to maintain a regular salary while on Worker’s Compensation.
5. Time for workers compensation doctor appointments and physical therapy will not be deducted from employees’ sick leave accrual. Employees are encouraged to schedule follow up visits outside of work hours to minimally disrupt the work day.
6. In order to qualify for temporary disability benefits there must be a loss of earnings. There is a three (3) day waiting period before qualifying for wage loss benefits. Temporary disability pays 2/3 or .6667% of wages.
7. Temporary disability is paid through the City’s workers compensation administrator.
ARTICLE 32 FATIGUE TIME OFF
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and Healthful workplace. The City takes into consideration that long or unusual shifts are often required during response to an emergency or other special circumstance which may require an employee to work during the hours between 10:00 p.m. and 6:00 a.m. Long work hours can lead to tragic mistakes endangering workers
UWUA-Local 606 - 14
City __________ UWUA-Local 606 __________
and the public. Due to the safety sensitive nature of public works, driving and working after extended wakefulness may contribute to fatigue. Fatigue adversely affects performance. Effects of fatigue may lead to an increased risk of operator error, injuries and/or accidents. The symptoms of fatigue are both mental and physical, such as weariness, sleepiness, irritability, reduced alertness, lack of concentration and memory. If any of the above symptoms are apparent in an employee who has worked at least three consecutive hours between 10:00 p.m. and 6:00 a.m. and has a regularly scheduled shift later that same day, the City will require employee to delay reporting for his/her shift by the equivalent amount of hours employee worked between 10:00 p.m. and 6:00 a.m. Delayed report time will allow affected employees time for adequate rest and recovery. Employee may use sick or vacation accrued leave for hours not worked.
Employee may not extend the reporting time more than the equivalent amount of hours worked between 10:00 p.m. and 6:00 a.m.
ARTICLE 33 LAYOFF AND RE-EMPLOYMENT PROCEDURE
1. Individual layoffs within individual classifications shall be based on the affected job class.
2. In determining the order of layoff, the City shall take into account job performance, seniority, specialized skills, and the City’s need to operate.
3. Employees subject to layoff for economic or budgetary reasons shall not have the right of appeal.
4. For the purpose of providing reemployment opportunities for individuals who may be laid off from their employment with the City of Norco, the City shall establish a “reemployment list.”
5. General Employees shall remain on the reemployment list for a period of one year from the date of the receipt of notice of layoff.
6. The reemployment list shall be used for individuals who will be eligible for appointment to a position that he/she held at the time of layoff from the City, or to a specific classification previously held with the City should such a position become vacant.
7. The reemployment list shall have priority over open competitive examination employment lists established by the City for a position affected by the reemployment list.
ARTICLE 34 SEVERANCE PAY – LAYOFF
Severance pay will be provided upon layoff from the City. The severance pay shall be one week of compensation at six months employment, two weeks compensation at eighteen months, three weeks compensation at thirty months employment, and four weeks compensation at forty-two months or more of employment.
ARTICLE 35 MANAGEMENT RIGHTS
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services.
It is agreed that during the term hereof, the City shall not be required to meet and confer on matters which are solely a function of management, including the right to:
1. Determine and modify the organization of City government and its constituent work units.
2. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
3. Determine the methods, means and the number and kinds of personnel by which services are to be provided.
UWUA-Local 606 - 15
City __________ UWUA-Local 606 __________
4. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
5. Direct employees, including scheduling and assigning work, work hours, and overtime.
6. Establish employee performance standards and to require compliance therewith.
7. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law.
8. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
9. Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
10. Take all necessary actions to protect and public and carry out its mission in emergencies.
11. Determine the content of job classifications.
12. Contract out and transfer work out of the bargaining unit.
Decisions under this Article shall not be subject to the grievance procedure herein.
Failure by the City to exercise and/or implement any rights expressly provided for in this Agreement shall in no way extinguish and/or diminish the City’s right to do so in the future.
ARTICLE 36 UNION INFORMATION/DUES
1. Information to Union
If in the City’s payroll system and if an employee has not opted out of disclosure of the following information (pursuant to the California Government Code), the City will supply the Union with the names, job titles, departments, work locations, work, home, and personal cellular telephone numbers, personal email addresses, and home address of new employees in the bargaining unit in electronic format within 30 days of hiring the employee, and once every 120 days for all employees in the bargaining unit.
2. Union Dues
The Union shall have the regular dues of its bargaining unit members deducted from their paychecks under procedures as follows:
The City shall deduct and remit to the Union payroll deductions every pay period, or bi-weekly.
The Union is solely responsible for distributing to, and collecting from, employees the dues and voluntary deduction authorization forms. It is the employees’ responsibility to submit requests to start or stop deductions directly to the Union and not to the City. The Union is responsible for maintaining the deduction forms from individual employees. Copies of an individual employee’s deduction authorization need not be provided to the City unless a dispute arises about the existence or terms of the authorization. Questions regarding Union membership, dues amounts, and payroll deductions must be directed to the Union and not the City.
The Union will provide to the City an updated, certified deduction list of bargaining unit members who have provided written authorization for deductions. The City will make deductions for only those employees who are in the bargaining unit in accordance with such certified list. The Union will notify the City of any change to an employee’s deductions, including starting and stopping deductions, or validly cancelling or revoking a
UWUA-Local 606 - 16
City __________ UWUA-Local 606 __________
deduction authorization, and in addition, the Union will provide the City on a quarterly basis, an updated, certified deduction list noting any specific changes from the last list provided to the City. The City will implement the change(s) in the pay period following the City’s receipt of such notification. The City will transmit the funds to the Union no later than 30 days after the deductions occur.
In cases where an employee is not paid for a portion of the pay period and the employee’s pay is insufficient to cover part or all of the withholding of the Union dues, or the statutory withholding obligations exceed the withholding of Union dues, there shall be no withholding. All legally mandated and statutory tax and required payroll/benefit deductions shall have priority over Union dues.
The Union shall indemnify, defend, and hold the City, its officers, agents, and employees harmless from and against any and all claims, demands, losses, defense costs, suits, or other action or liability of any kind or nature caused by compliance with this Article, including, claims for or related to employee authorizations, revocations, deductions made, cancelled, or changed in reliance on the Union’s representations and certifications regarding employee dues deduction authorizations.
This section of the MOU is not grievable.
ARTICLE 37 PROVISIONS OF LAW
If any article or section of this agreement, or any addition thereto, should be held invalid by operation of law, or by a tribunal or office of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal or office, the remainder of this agreement shall not be affected thereby and all parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section.
ARTICLE 38 GENERAL PROVISIONS
1. The parties acknowledge that during the negotiations which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. The understandings arrived at after the exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and the UWUA, Local 606 with respect to wages, hours, and other terms and conditions of employment.
2. Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety.
UWUA-Local 606 - 17
City __________ UWUA-Local 606 __________
CITY OF NORCO UTILITY WORKERS UNION OF AMERICA, LOCAL 606 ____________________________________ ___________________________________ Cindy Balderas, Human Resources Manager Luke Matson, President ___________________________________
____________________________________ Daimeon Montoya, Treasurer/Secretary Shelline Bennett, Labor Attorney
___________________________________
Jami Simon,
UWUA National Representative
Date: ______________________________ Date: ______________________________
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:
Consideration of a Resolution Amending the Employees' Contribution Under the Public Employees' Medical and Hospital Act for Medical Insurance Premiums for Utility Workers Union of America, Local 606
RECOMMENDATION:
Adopt Resolution No. 2022-74 to implement changes in the amount of the health insurance subsidy to be paid by the City for members of the Utility Workers Union of America, Local 606 effective December 1, 2022.
SUMMARY:
The attached Resolution is required by CalPERS in order to increase the amount of health insurance subsidy to be paid by the City for members of the Utility Workers Union of America, Local 606 in accordance with the recently-negotiated MOU. These changes would become effective December 1, 2022.
BACKGROUND:
In 2010 the City approved a set health contribution under the Public Employees Medical and Hospital Care Act for all City employees in an amount not to exceed a total of $1,250 per month. On October 5, 2022 the City Council is scheduled to approve a one-year Memorandum of Understanding with the Utility Workers Union of America, Local 606 employees as follows:
• Effective December 1, 2022, the City agrees to pay up to a maximum of $1,500 a month for those employees and their dependents enrolled in any of the available health plans.
An approved City Council Resolution is required by California Public Employees Retirement System (CalPERS) in order to implement the change effective December 1, 2022.
FISCAL IMPACT:
The total estimated cost of this benefit adjustment to the remaining FY 2022-2023 Operating Budget is $30,000.
RELATIONSHIP TO STRATEGIC PLAN:
The recommended MOU is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Resolution No. 2022-74
RESOLUTION NO. 2022-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, APPROVING THE EMPLOYER
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES’ MEDICAL
AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR
EMPLOYEES AND ANNUITANTS
WHEREAS, City of Norco is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act.
NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of California, at a regular meeting held on October 5, 2022, approved as follows:
SECTION 1:
(a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:
plus, administrative fees and Contingency Reserve Fund assessments. (b) City of Norco has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above.
Medical Group Monthly Employer Health Contribution
Self Self+1 Self+ Family
001 Miscellaneous No Change
002 Safety No Change
003 Management No Change
004 MidManagementNo Change
005 General
Employees
No Change
006 Public
Works/Parks
$1,500.00
008 City Council No Change
Resolution No. 2022-74 – Pubic Employees’ Medical and Hospital Care Act (Local 606)
October 5, 2022
(c) That the participation of the employees and annuitants of the City of Norco shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Norco would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. (d) That the executive body appoint and direct, and it does hereby appoint and direct, City Manager to file with the Board a verified copy of this resolution, and to perform on behalf of City of Norco all functions required of it under the Act.
SECTION 2: The City Council does here by approve that the coverage under the Act be effective on December 1, 2022.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 5, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on October 5, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on October 5, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Kelli Newton, Communications Manager
Department: Communications
SUBJECT:
New Observance Request: Red Ribbon Week
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Red Ribbon Week.
SUMMARY:
The Corona-Norco Unified School District has requested that the City of Norco proclaim October 23-31 as Red Ribbon Week. This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.
BACKGROUND:
In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
• Step 1: Subcommittee reviews request and makes recommendation to staff • Step 2: City Council determines if the request and recommendation should be approved, denied or amended
While the City Council instructed staff to present new observance requests for consideration at the second meeting of the month, this request is time sensitive so that the observance can be recognized by the City Council at its meeting of October 19, 2022.
New Observance Request
The Corona-Norco Unified School District has requested that the City of Norco proclaim October 23-31 as Red Ribbon Week. This observance is not on the approved lists of observances, therefore it requires subcommittee review and City Council consideration.
Subcommittee Recommendation
The City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, recommends that Red Ribbon Week be added to the Pre-Approved Observance List (Exhibit B) and be recognized by proclamation. All observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".
Observance Options
Category
Annual Observance (Exhibit A)
Observances that are automatically recognized in
the approved manner(s) on the appropriate date(s)
or date ranges.
X
Pre-Approved Observance (Exhibit B)
Observances that are pre-approved for recognition
and will be recognized at staff's discretion (i.e., by
request, in conjunction with current events, etc.)
Manner of Recognition
Closure
Event/Program
Gateway Sign
Newsletter
Parade
X Proclamation
Social Media
City Council Consideration
The City Council may approve, deny or amend the recommendation. If approved, Exhibit A or B will be updated to include the new observance and appropriate action will be taken to recognize the observance in the selected manner(s).
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item is consistent with Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Exhibit A
Exhibit B
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 01-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 01-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Creation of the Norco Township 13-May
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 04-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
May
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
National Voter Registration Day Fourth Tuesday in September X Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 02-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 02-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
September
October
November
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 4-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 1-Feb X
Korean New Year 1-Feb X
National Girls and Women in Sports Day 2-Feb X
National Boy Scouts Day 8-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 1-Mar X
National Read Across America Day 2-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
Red Cross Month Month X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
National Therapy Animal Day 30-Apr X
Day of the Child Varies X
Donate Life Month Month X X
National Star Wars Day 4-May X
Cinco de Mayo 5-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
Small Business Week First Week in May X
National Police Week Week of May 15th X
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
National Pet Month Month X X
National Drive-In Movie Day 6-Jun X X X X
D-Day 6-Jun X
Social Media Day 30-Jun X
National Safety Month Month X X X
National Post-Traumatic Stress Disorder Awareness Month Month X Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September N/A
National Coffee with a Cop Day 6-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday in October X
National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
Childhood Cancer Awareness Week Week of October 9-15 X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 7-Dec X
National App Day 11-Dec X
July
October
November
December
May
June
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Appropriate $2,050,000 from the City's Special Asset Fund for the Purchase of Real Property Located at 338 Sixth Street, Assessor Parcel Number 133-200-022 RECOMMENDATION:
Appropriate $2,050,000 for the purchase of the property at 338 Sixth Street, all associated transaction costs and fencing and authorize the City Manager to complete the property purchase on behalf of the City.
SUMMARY:
The City has been considering the purchase of 2.41 acres of vacant property located at 338 Sixth Street for the purposes of additional parking in support of events at the George A. Ingalls Equestrian Center and Pike's Peak Park. This action will appropriate funds for the purchase and authorize the City Manager to complete the purchase.
BACKGROUND:
The City has considered the purchase of 2.41 acres of vacant property located at 338 Sixth Street for the purposes of additional parking in support of events at the George A.
Ingalls Equestrian Center and Pike's Peak Park. This parcel consists of 2.41 acres of vacant land on the south side of Sixth Street, west of California Avenue.
Recently, the sellers of the property and the City's representatives reached an agreement on a selling price of $2 million for this parcel. This price is reasonable given the analysis of similarly-situated comparable sales in the area.
Acquisition of this parcel will provide the City with additional parking options in this area, which are often needed during times of special events at the nearby park and equestrian facilities. It also provides a possible location for other public improvements that might be needed by the community in the future.
Execution of the transaction is contingent on completion of a Phase 1 Environmental Assessment of the site to the satisfaction of the City. Should that report confirm a "clean" site, it is expected that the purchase will be completed within the next 30-45 days.
FISCAL IMPACT:
The costs for acquisition, environment assessment, buyer's transaction costs, and associated clean up and fencing of the site are estimated to total $2,050,000. Funds for this purchase would be appropriated from the City's Special Asset Fund. There will be some relatively modest annual cost for ongoing clean-up and maintenance of the site, in an amount to be determined and included in the FY 2023-2024 budget. Additional improvements to the site to facilitate parking uses can also be considered at time.
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Direction #5 - Infrastructure & Asset Management - Ensure the 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: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Approval of Sale of Successor Agency Owned Surplus Property of .4 Acres Located adjacent to 1695 Hidden Valley Parkway (APNs 122-070-023 and 122-070-026) RECOMMENDATION:
Authorize the sale of these parcels, and direct the City Manager to execute the sale on behalf of the City of Norco/Successor Agency Board.
SUMMARY:
This action will authorize the sale of certain surplus property currently owned by the City of Norco/Successor Agency Board for the amount of $150,000.
BACKGROUND:
The City of Norco/Successor Agency Board has held title to two parcels of real property located adjacent to 1695 Hidden Valley Parkway near the intersection of Hamner Avenue and Hidden Valley Parkway. These two parcels together total .4 acres of land.
In May of 2022, the City/Successor Agency declared the Property surplus by adopting Resolution No. 2022-01 (copy attached). Following that action, Kosmont Real Estate Services, acting on behalf of the City, completed various actions in accordance with California Government Code Section 54220 to complete the surplus process. With that process complete, Kosmont began marketing the property to interested buyers.
The City has received an offer of $150,000 for the parcel, which is a reasonable offer given the property's location and situation; it is recommended that the offer be accepted.
As this parcel is owned by the Successor Agency, proceeds from the sale will be remitted to the County of Riverside for distribution to the taxing entities in the County in proportion to their pro-rata shares of property tax; the City of Norco will receive a portion of that at a later date.
FISCAL IMPACT:
There is no cost to the City for this action; the City will eventually receive a share of the proceeds when they are distributed to the taxing entities, which is likely to be less than $15,000 in revenue.
RELATIONSHIP TO STRATEGIC PLAN:
This action supports 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: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
SA Resolution 2022-01
Map
SA RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL/SUCCESSOR AGENCY
BOARD OF THE CITY OF NORCO DECLARING ASSESSOR'S PARCEL
NUMBERS 122-070-023 AND 122-070-026 IN THE CITY OF NORCO (HAMNER AVENUE/HIDDEN VALLEY PARKWAY) SURPLUS LAND
PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE
SECTIONS 54220 ET SEQ.)
WHEREAS, the Successor Agency to the former Norco Community Redevelopment Agency of the City of Norco ("Successor Agency") is the owner in fee simple of that certain real property consisting of approximately.40 acres and located close to the intersection of Hamner Avenue and Hidden Valley Parkway, City of Norco, CA, 92860 (APNs: 122-070~023 and 122-070-026) ("Property"); and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill ("AB") 1486. AB 1486 significantly amended the Surplus Land Act effective January 1, 2020.
These amendments included, among others, changing the previous, long-standing definitions of "surplus land" and "exempt surplus land"; providing that property shall be declared either "surplus land" or "exempt surplus land" before a local agency may take any action to dispose of it; and adding a new limitation providing that an "agency's use" "shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development" or "property disposed of for the sole purpose of investment or generation or revenue"; and
WHEREAS, under the Surplus Land Act, Government Code section 54220 et seq., surplus land is land owned in fee simple by the Successor Agency for which the Successor Agency takes formal action in a regular public meeting declaring the land is surplus and not necessary for the Successor Agency's use; and WHEREAS, in order to pursue the possible sale and disposition of the Property through a sale, the Successor Agency/City must now comply with the Surplus Land Act as amended by AB 1486; and
WHEREAS, pursuant to the amended Surplus Land Act, Successor Agency/City staff will send a written notice of availability for the Property by electronic mail or by certified mail to the all of the entities identified in Government Code section 54222; and WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the property after having received notice, it must indicate its interest to do so in writing within 60 days of receiving the Successor Agency/City's notice; and
WHEREAS, pursuant to Government Code section 54223, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the property may be disposed of without further regard to the Surplus Land Act.
Successor Agency Resolution No. 2022-01 - Surplus property
May 4, 2022
NOW THEREFORE, BE lT RESOLVED by the Successor Agency and the City Council of the City of Norco, California, as follows:
1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council/Successor Agency Board; and
2. For purposes of compliance with the amended Surplus Land Act, parcel numbers 122-070-023 and 122-070-026 in the City of Norco, is hereby declared surplus land.
The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements of the amended Surplus Land Act, to facilitate the possible disposition of the Property.
PASSED AND ADOPTED by the Successor Agency and the City Council of the City of Norco, California, at a regular meeting held on May 4, 2022 ATTEST:
retary
cy
orco, California
GregNewton,Chairperson
Successor Agency
City of Norco, California
I, Dana Roa, CMC, Secretary of the Successor Agency of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the Board of Directors at a regular meeting thereof held on May 4, 2022 by the following vote:
ES:
S:
ENT:
TAJN:
or gency
NEWTON, BRUNDMEYER, ALEMAN, BASH, HOFFMAN
NONE
NONE
NONE
ecretary
City of Norco, California
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance No. 1088, Second Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2022-05
RECOMMENDATION:
Adopt Ordinance No. 1088, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties. Code Amendment 2022-05.
SUMMARY:
The first reading of Ordinance No. 1088 was held on September 21, 2022 and was adopted by the City Council.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The adoption of the amendment to the NMC Chapter 5.36 "Apiaries" is consistent with Strategic Direction #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: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Ordinance 1088
ORDINANCE NO. 1088
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 5
“BUSINESS LICENSES AND REGULATIONS” TO AMEND CHAPTER
5.36 “APIARIES”. CODE AMENDMENT 2022-05
WHEREAS, the CITY OF NORCO, initiated Code Amendment 2022-05, to amend Norco Municipal Code (NMC) Chapter 5.36 “Apiaries” to address the definitions and rules related to, in part, safely promote beekeeping in the community on residential properties; 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 September 21, 2022, on or about 7:00 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, determine, and order the NMC Chapter 5.36 “Apiaries” amended as follows:
SECTION 1:
Chapter 5.36 APIARIES
5.36.010 Purpose
5.36.020 Definitions.
5.36.030 Permit--Required.
5.36.040 Permit--Application--Issuance.
5.36.050 Permit—Application/Inspection fee.
5.36.060 Conditions and requirements for operating an apiary in city.
5.36.070 Permit--Revocation or suspension.
5.36.080 Violation--Penalties.
5.36.010 Purpose
This Chapter shall be known as the City of Norco Beekeeping and Apiaries Ordinance.
The State Legislature found in Food and Agricultural Code section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State. Food and Agricultural Code sections 29000 et seq., as well as California Code of Regulations Title 3 Food and Agriculture, Article 3, establish regulations for apiaries that are enforced by the Director of the State Department of Agriculture, California Department of Pesticide Regulation and county agricultural commissioners. This chapter
Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”
October 5, 2022
establishes regulations intended to implement and supplement State regulations and ensure that beekeepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of Norco.
5.36.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
A. “Apiary” means a place where bees are kept especially a collection of hives or colonies of bees kept for their honey;
B. “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or combs, or any other equipment which is used in the practice of apiculture;
C. “Bees” means honey producing insects of the genus Apies. It includes all life stages of such insects;
D. “City” means the city of Norco, California;
E. “Colony” means one hive and its contents, including bees, comb and appliances; F. “Comb” includes in its meaning all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax;
G. “Commissioner” means the Agricultural Commissioner of Riverside County; H. “Hive” means any receptacle, container, or part of any receptacle which is made or prepared for the use of bees, or which is inhabited by bees; I. “Honey” means the nectar of floral exudations of plants gathered and stored in the comb by honeybees. It is a levorotatory, contains not more than twenty percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is not less than one and four hundred twelve one-thousandths, its weight not less than eleven pounds, twelve ounces per standard gallon of two hundred thirty-one cubic inches at sixty-eight degrees Fahrenheit;
J. “Location” means any premises upon which an apiary is located or proposed to be located or found;
K. “Person” means an individual, or firm, or a partnership, or a joint venture, association or corporation.
5.36.030 Permit--Required.
It is unlawful for any person to locate, keep, maintain or operate, hereinafter referred to as “operate” an apiary in the City, without first obtaining a permit from the Department of Community Services to do so.
5.36.040 Permit--Application--Issuance.
Any person who proposes to operate an apiary within the City may make written application to the Community Services Department for a permit to do so by filing such with the Director of Community Services, or designated representative. The application shall be in such form and contain such information as the Director of Community Services, or designated representative, may require but shall include the following information:
Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”
October 5, 2022
A. Name and address of applicant;
B. Location and dimensions of premises on which applicant desires to operate an apiary; C. Statement whether the proposed operation of the apiary by the applicant is for the production of honey or other bee products only for the use of the applicant and applicant’s family or for commercial purposes, including sale to members of the public, in which the applicant must possess a current business license per NMC 5.04.060; D. The location of the water supply to service the proposed apiary; E. A certified copy of a current valid certificate from the Riverside County Agricultural Commissioner for the proposed apiary and the identification number thereof. The serial number brand for any appliances issued to applicant by the County Agricultural Commissioner;
F. Tenants may not operate an apiary under any circumstance.
G. Any other information as deemed necessary by the Community Services Director or its Designee for issuance of permit.
After a properly completed application has been filed, the Director of Community Services, or designated representative, shall cause a prompt inspection to be made by Norco Animal Control Services of the proposed location of the apiary as stated in the permit application in order to verify the operation of the apiary can be conducted within the guidelines of the Municipal Code.
The Director of Community Services, or designated representative, shall issue a permit to the applicant to operate an apiary within the City of Norco, California, if it finds the proposed operation of the apiary will not be contrary to the public peace, health, safety and welfare of the City.
5.36.050 Permit--Application/Inspection fee.
The Community Services Department shall not accept an application for a permit to operate an apiary in the City until an application and inspection has been paid to the Norco Animal Control Services for the purpose of defraying the expenses and costs of the City in processing the application and inspection of apiary. The application and inspection fee for an apiary shall be identified in the City’s Fee Schedule by Council Resolution.
5.36.060 Conditions and requirements for operating an apiary in city.
Any person who operates an apiary in the City pursuant to a valid permit issued therefore shall comply with the following conditions and requirements:
A. No colony or portion thereof shall be located less than fifty feet from an adjacent residence, apartment house, rooming house or any other type of residence property line, provided, however, that this requirement shall not apply to the operation of an
Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”
October 5, 2022
apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than one hundred feet from a public right-of-way.
B. No colony or portion thereof shall be located less than 100 feet from a hospital, sanatorium, public eating place, school, church, office building, store, hotel, public building, public picnic area, park, playground, public horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than one hundred feet from a public right-of-way.
C. The number of colonies or portions thereof including hives shall be operated in the City in numbers which do not create a risk to public health.
D. Every permit issued hereunder shall expire at the end of twelve consecutive months from the date of its issuance, at which time the permittee thereunder may apply for a renewal in accordance with all the procedures provided herein for application for a permit.
E. Every person maintaining an apiary on premises, shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, the address and telephone number, or a statement that the owner has no phone. The sign shall be permanently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.
F. A person, having a valid permit from the City as issued hereunder, shall during the term of the permit transport hives of bees confined by screens in good repair or other equally effective means of confinement. Transportation of bee hives should always be done responsibly so that it does not pose any public nuisance.
G A permittee shall at all times during the term of the permit keep and maintain a plentiful supply of fresh water available at all times adjacent to the apiary or hives, which water supply shall not be further than 300 feet from any such apiary or hive to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. A beekeeper may not allow a water source to become stagnant or a mosquito breeding site.
H. Any persons operating an apiary shall be the owner and occupant of the property upon which the apiary is located.
Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”
October 5, 2022
I. The property that will contain the apiary must be over 21,780 square feet. Only within an agricultural zoning is permitted: A-1-10, A-1-20, A-1-40 and A-E (Agricultural, Agricultural Low Density, or Agricultural Estate Zones).
J. A City of Norco Business License and County approval/clearance shall be maintained at all times for production of honey or other bee products for commercial purposes, including sale to members of the public.
K. No person shall willingly and knowingly keep aggressive and/or defensive bees.
Beekeepers should follow established protocols for responsible beekeeping and minimize swarming events of their hives as well as re-queen colonies that show elevated levels of aggression using managed gentle queens.
L. Beekeepers should monitor the health of their beehives and take adequate management actin, for example in case of disease and parasite outbreaks or when colonies starve.
5.36.070 Permit--Revocation or suspension.
Any apiary permit granted hereunder may be revoked or suspended for any period of time by the Director of Community Services for any of the following reasons:
A. Permittee’s violation of this chapter or the conditions imposed on the permit; or B. Permittee’s violation of any federal, state or city law or ordinance.
The Community Services Department shall give permittee seventy-two (72) hours written notice of the City’s intent to revoke or suspend. Said notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to permittee at the address stated on the application for the permit. Said notice shall state the grounds for the proposed revocation or suspension.
If the permittee wishes to appeal the revocation, the permittee must submit a request in writing to the City Clerk for a hearing for reconsideration by the City Manager. At the hearing the permittee shall have the opportunity to present to the City Manager any relevant evidence on the question of suspension or revocation prior to the City Manager’s decision thereon. The City Manager’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subdivisions A and B do exist.
5.36.080 Violation--Penalties.
Any person operating an apiary without a permit or permittee in non-compliance with the requirements listing within Chapter 5.36, may be issued penalties or fines as outlined in Chapter 1.04 – General Provisions.
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”
October 5, 2022
SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City 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: 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.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 5, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on September 21, 2022, and thereafter at a regular meeting of said City Council duly held on October 5, 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 October 5, 2022.
__________________________
Dana Roa, CMC, City Clerk City
of Norco, California
City Council
STAFF REPORT
Date: October 5, 2022 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Hillside Avenue Pavement Project (Fifth Street to Sixth Street) as Complete
RECOMMENDATION:
Accept the Hillside Avenue Pavement Project (Fifth Street to Sixth Street) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Hillside Avenue Pavement Project consisted of road widening and storm drain improvements on Hillside Avenue between Fifth Street and Sixth Street.
BACKGROUND:
On December 1, 2021 the City Council awarded a contract to Onyx Paving Company, Inc. in the amount of $1,027,000 and authorized the City Manager to approve contract change orders up to 10% for the Hillside Avenue Pavement Project (Fifth Street to Sixth Street). The final contract amount paid to Onyx Paving Company, Inc. was $1,049,885.
The additional $22,885 amount paid was primarily due to additional removal/replacements of private concrete and fencing improvements to accommodate the new street design.
Onyx Paving Company, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
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: Lori Sassoon, 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 HILLSIDE AVENUE PAVEMENT (FIFTH ST. TO SIXTH ST.) PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ONYX PAVING COMPANY, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 5
TH DAY OF OCTOBER, 2022.
THE WORK DONE: CONSISTED OF ROAD WIDENING AND STORM DRAIN IMPROVEMENTS ON HILLSIDE AVENUE BETWEEN FIFTH STREET AND SIXTH STREET, IN 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 DECEMBER 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 ONYX PAVING COMPANY, INC. LOCATED IN LAGUNA HILLS, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED DECEMBER 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 HARCO NATIONAL 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.
October 5, 2022
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DANA ROA, CMC
CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 10/05/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK, CITY OF NORCO