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Agenda

Norco City Council
May 3, 2023

Document
Agenda
Meeting
May 3, 2023
Body
Norco City Council
Pages
343
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38.1 MB
Text extracted from the city's file for reading and search. Open the original on norco.civicweb.net. That file is the official record.

AGENDA
City Council
Wednesday, May 3, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member

BUDGET WORKSHOP
Presentation of Preliminary Fiscal Year 2023-2024 Operating Budget.

CLOSED SESSION - 6:00 PM
§54954.5 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9
1 Potential Case
§54954.5 Conference with Labor Negotiator
Agency designated representatives: City Manager Sassoon Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO
Local 606,
Unrepresented Employees: Mid-Management, Confidential, and Management Employees
§54954.5 Public Employee Performance Evaluation
Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Pro Tem Kevin Bash
INVOCATION Pastor Rene Parrish
Beacon Hill Assembly of God
PROCLAMATION Building and Safety Month

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
City Council Agenda - May 3, 2023

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 April 19, 2023.

Staff Report - Pdf

2.C. 2023 Sanitary Sewer System Management Audit
RECOMMENDATION:

Receive and file the City of Norco's 2023 Sewer System Management Plan Audit as required by State Order 2006-0003.

Staff Report - Pdf

2.D. Procurement of Dell Datacenter Server Hardware Refresh RECOMMENDATION:

Approve the purchase of Dell server and networking hardware from [RE]Design Group in the amount of $115,400.

Staff Report - Pdf

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City Council Agenda - May 3, 2023

2.E. Riverside County Sheriff’s Contract Amendment
RECOMMENDATION:

Approve the Riverside County Sheriff’s Contract Amendment to include the conversion of one existing traffic enforcement deputy to a motorcycle enforcement deputy.

Staff Report - Pdf

2.F. Amendment of FY 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Norco Elementary School Storm Drain Project, acceptance of bids and award of Contract for the Norco Elementary Storm Drain Project
RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2023-2027 CIP storm drain budget in the amount of $1,410,245 for the Norco Elementary School Storm Drain Project; accept bids, award a contract to Kirtley Construction, Inc. dba as TK Construction for the Norco Elementary School Storm Drain Project in the amount of $1,212,313; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

2.G. 2023 City Council Review on Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
RECOMMENDATION:

The the City Council concur with the Planning Commission recommendations in response to the annual review of Chapter 18.68 relating to detached accessory buildings.

Staff Report - Pdf

2.H. Acceptance of the Citywide ADA Project as Complete (Project No. 54300.2) RECOMMENDATION:

Accept the Citywide ADA Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS

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City Council Agenda - May 3, 2023
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

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

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

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

5.A. Discussion and possible action regarding AB 1000 (Reyes) concerning qualifying logistics use projects, also referred to as the Good Neighbor Policy RECOMMENDATION:

Discuss, provide direction to staff regarding future actions, and consider taking action by approving a letter of support or opposition to AB 1000, or other actions regarding this matter as determined by the City Council.

Staff Report - Pdf

5.B. Ordinance1095, First reading: Adding Norco Municipal Code Section 2.27 Establishing a Veterans Commission
RECOMMENDATION:

Adopt Ordinance No. 1095, First Reading: An Ordinance of the City Council of the City of Norco, California, amending the Norco Municipal Code to add Section 2.27 to establish the Veterans Commission.

Staff Report - Pdf

5.C. Proposal from R3 Consulting Group, Inc. to provide solid waste franchise agreement procurement services.

RECOMMENDATION:

City Council accept the proposal from R3 Consulting Group, Inc. to provide solid waste franchise procurement services for the City of Norco's next waste hauler franchise agreement.

Staff Report - Pdf

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City Council Agenda - May 3, 2023

5.D. Disposition of City Council Regular Meeting of May 17, 2023.

RECOMMENDATION:

Cancel May 17, 2023 Meeting and schedule a Special Meeting for Tuesday May 23, 2023.

Staff Report - Pdf

6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

6.A. Public Hearing: Amendments to City’s General Fee Schedule for Fiscal Year 2023-24
RECOMMENDATION:

Adopt Resolution No. 2023-16, updating and adjusting the City’s General Fee Schedule for Fiscal Year 2023-24.

Staff Report - Pdf

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City Council Agenda - May 3, 2023

6.B. Public Hearing: Zone Code Amendment 2023-01, -02 and Gateway Specific Plan 99-01, Amendment No.10 (City of Norco): City-Initiated proposals to amend Norco Municipal Code Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing), and Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan, amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses; and a proposal to amend Section 18.43.06 (3) of Title 18 of the Norco Municipal Code adding a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 50,000 in the subject zones.

RECOMMENDATION:

Adopt Ordinance No.1096, approving Zone Code Amendment 2023-01, to amend Norco Municipal Code Title 18 “Zoning”, Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing), amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses.

Adopt Ordinance No.1097, approving Gateway Specific Plan 99-01, Amendment No. 10, to amend Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan, amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses.

Adopt Ordinance No.1098, approving Zone Code Amendment 2023-02, to amend Section 18.43.06 (3) of the Norco Municipal Code adding a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 50,000 in the M-1 Zone and within the Industrial District of the Gateway Specific Plan.

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.

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.A.

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

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

RECOMMENDATION:

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

REVIEWED AND APPROVED BY:

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City Council

STAFF REPORT
Date: May 3, 2023 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 April 19, 2023.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Draft - City Council - Apr 19 2023 - Minutes

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DRAFT - MINUTES
City Council
Wednesday, April 19, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member

CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 131-112-002, 131-112-003, 131-112-004, 131-112-005, 131-112-006, 131-112-013, and 131-112-014
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms

§54954.5 - Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 - 1 Potential Case

§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
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns reported that Item One - Real Property Negotiation, was not heard, Item Two - Anticipated Litigation, settlement authority was given and Item Three - Conference with Labor Negotiator, there was no reportable action taken.

PLEDGE OF ALLEGIANCE Mayor Robin Grundmeyer
INVOCATION Pastor Fred Griffin
Corona Church of the Open Door

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City Council Minutes - April 19, 2023

PROCLAMATION
National Volunteer Month
Mayor Grundmeyer presented a Proclamation recognizing the month of April as National Volunteer Month to community members who have contributed to the economic cultural, spiritual, and/or political development of Norco.

PRESENTATION
Homeless Solutions Dashboard
Karen Roper, Homeless Solutions Manager for Corona-Norco Region, presented update on the Collaborative Homeless Programs and Services and the Homeless Solutions Dashboard.

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

2. CONSENT CALENDAR
a) Approval of Consent Calendar as Presented,

Geoff Kahan, Community Member, requested Item 2H be pulled for discussion.

M/S NEWTON/BASH Pull Item 2H for discussion and approve remainder of Consent Calendar as presented. The Motion was carried by the following roll call vote:

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

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

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

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

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City Council Minutes - April 19, 2023
Action: Approved the City Council Regular Meeting Minutes of March 15, 2023.

2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on April 12, 2023
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on April 12, 2023

2.D. Approve the Procurement of KACE Systems Management Appliance (SMA) and Systems Deployment Appliance (SDA) Software Licenses
Action: Approved the purchase of KACE SMA and SDA licenses in an amount not to exceed $53,560 over a five (5) year term and authorized the City Manager to approve contract change orders up to $5,000 per each fiscal year to accommodate for additional licenses for potential growth in equipment, for a total of $58,560.

2.E. Quarterly Investment Report for Quarter Ended March 31, 2023 Action: Received and filed the Quarterly Investment Report for the Quarter Ended March 31, 2023.

2.F. Consulting Contract with PlaceWorks for California Environmental Quality Act (CEQA) Compliance Services
Action: Authorized staff to process a Project Management Consultant Contract with PlaceWorks for CEQA compliance services.

2.G. Execution of a Cooperative Agreement between the City of Norco, the Riverside County Flood Control & Water Conservation District, and CRP LDF Palomino, LLC for the South Norco Channel (Stage 2)
Action: Approved the Cooperative Agreement between the City of Norco, the Riverside County Flood Control & Water Conservation District, and CRP LDF Palomino, LLC for the South Norco Channel (Stage 2).

2.I. Professional Legal Services Contract with Downey Brand, regarding Riverside Transmission Reliability Project (RTRP)
Action: Approved a Professional Legal Services Contract, as recommended by RTRP Subcommittee, with Downey Brand to advocate for undergrounding of RTRP Powerlines; and authorized the Finance Director to move $175,000 from undesignated

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City Council Minutes - April 19, 2023
reserves into the General Fund, and appropriate the $175,000 to the Downey Brand contract.

3. ITEM(S) PULLED FROM CONSENT CALENDAR

2.H. Suspension of Special Event Business License requirement for Citywide Sponsored/Hosted Special Events by the Community Services Department

Community Member Geoff Kahan stated he was appreciative seeing this on the agenda for approval and thanked the City Council for their work to support the community.

M/S HANNA/NEWTON Adopt Resolution 2023-14, suspending Special Event Business License Fees for Citywide Sponsored/Hosted Special Events. The Motion was carried by the following roll call vote:

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

4. PUBLIC COMMENTS
Bonnie Slager spoke about television channel being in town and asked that the additional bleachers request for Ingalls Event Center be brought back to City Council for further discussion.

Geoff Kahan spoke about the 3 Mules visit and thanked the Norco Sheriff Department for all of their support to keep them safe. He thanked the City Council for coming out to support the 3 Mules also.

5. LEGISLATIVE MATTERS

5.A. Ordinance No. 1096, Second Reading: Amend Specific Text in Chapter 6.12 "Dogs, Licensing, Control, Rabies"
M/S NEWTON/ALEMAN Adopt Ordinance No. 1096, Second Reading, to amend specific text in Norco Municipal Code Sections 6.12.130 and 6.12.150 to make corrections and ensure consistency pertaining to Vicious Dogs. Code Amendment 2023-02. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON

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City Council Minutes - April 19, 2023
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. PUBLIC HEARING(S)

6.A. Public Hearing: Adopt an in-lieu fee schedule for Ownership Housing and Apartment Development Projects subject to the Norco Municipal Code Chapter

18.70 “Inclusionary Housing Program”.

Community Development Director Robles briefed Council on the Ordinance to be adopted regarding the In-lieu Fee Schedule for Ownership Housing and Apartment Development Projects and introduced Consultant Kathe Head from Keyser Marston and Associates, Inc. to give the presentation.

Consultant Head presented the Inclusionary Housing: In-lieu Fee Analysis that was prepared for City of Norco.

Council Members Newton and Aleman had questions and concerns that were addressed by Consultant Head and City Manager Sassoon.

Mayor Grundmeyer opened the Public Hearing

There were no Public Comments at this time.

Mayor Grundmeyer closed the Public Hearing.

Following Mayor and Council discussion with Consultant, Council Member Aleman made a motion to approve this item with the addition of Escalators recommended by the Real Estate Research Council.

M/S ALEMAN/GRUNDMEYER Adopt Resolution No. 2023-15, to establish an InLieu Fee Schedule related to the “Inclusionary Housing Program”, with the addition of Escalators recommended by the Real Estate Research Council. The Motion was carried by the following roll call vote:

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

7. CITY COUNCIL / STAFF COMMUNICATIONS

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City Council Minutes - April 19, 2023
Council Member Hanna spoke regarding Pedley Avenue concerns with drainage.

Public Works Director Blais explained the future plan for Pedley Avenue to address the issues.

Council Member Newton complimented staff and Community Services Director Michelle Anglin for all of the hard work and dedication to the Community. He recognized Facilities and Maintenance Director Hamilton for hitting a milestone for the Barn, the pouring of the slab. He stated that Council really appreciates the work everyone is doing.

Council Member Aleman also thanked staff for all of their hard work.

8. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 8:30 p.m. in honor of the passing of City of Hemet Council Member Karlee Meyer who proudly and tirelessly served her Community for over 7 years and asked for a moment of silence.

_________________________________
Dana Roa, CMC
City Clerk

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
2023 Sanitary Sewer System Management Audit
RECOMMENDATION:

Receive and file the City of Norco's 2023 Sewer System Management Plan Audit as required by State Order 2006-0003.

SUMMARY:

On May 2, 2006, the California State Water Resources Control Board (“SWRCB”) adopted Order No. 2006-0003-DWQ implementing statewide regulations related to the operation and maintenance of sanitary sewer collection systems. The Order requires the Sanitary Sewer Management Plan (“SSMP”) to be recertified every five (5) years and an audit performed every two (2) years, both must contain any significant program or operational changes, and be recertified after review and approval by the Norco City Council. To complete the recertification process, Norco staff members must enter the information into the online SSO database and mail a copy to the State Water Resources Control Board. Staff has found the 2023 SSMP audit to be in compliance with all eleven elements of the State Order.

BACKGROUND:

In April 2004, the State Water Resources Control Board began to investigate potential solutions to reduce both the number and volume of Sanitary Sewer Overflows (“SSOs”) that occur throughout the state, often impacting health, safety and the environment. The most noticeable impact of SSO’s is the closure of public beaches due to sewage spills.

With the aging of the sanitary sewer systems within the state, and varying levels of effort and funding to manage those sanitary systems, the State Board believed the frequency of SSOs would continue to increase unless the State Board initiated a formal action plan to implement regulations to manage and enforce SSOs statewide.

The regulations adopted by SWRCB apply to all federal and state agencies, municipalities, counties, special districts, and other public entities that own or operate

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sanitary sewer collection systems greater than one mile in length and that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California.

The State Board determined that to properly facilitate funding and management of sanitary sewer systems, each system operator must develop and implement a systemspecific SSMP. To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance, while taking into consideration risk management and cost to benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate emergency response to an SSO in a manner designed to minimize water quality impacts and potential health conditions.

The City of Norco owns, operates, and manages approximately 110 miles of clay, gravity flow, 6” to 27” diameter sanitary sewer collection pipelines, approximately 2,000 pre-cast concrete manholes and cleanouts, two siphons and 12 sewer lift stations, including force main piping. The City discharges its waste stream to the Western Riverside County Regional Wastewater Authority (WRCRWA), a joint power authority formed to plan, construct, and operate a cost-effective regional wastewater system for the conveyance, tertiary treatment, and disposal of sewage from the participating agencies. Member agencies include the City of Norco, City of Corona, Jurupa Community Services District, Western Municipal Water District, and Home Gardens Sanitary District.

The last audit was completed in 2021 and staff has prepared the City of Norco 2023 audit report as required by the State Board, consistent with Order No. 2006-003 and the most recent amendment September 9, 2013, with the issuance of State Order WQ-2013-0058- EXEC. Therefore, staff recommends that the City Council receive and file the 2023 City of Norco Sanitary Sewer Management Plan Audit per State Water Resources Control Board Order No. 2006-003-DWQ.

A full copy of the audit will be available for review on the City of Norco website.

FISCAL IMPACT:

On-going operation and maintenance costs, currently within the Sewer Operations Fund (Fund 126-809).

RELATIONSHIP TO STRATEGIC PLAN:

The acceptance of the SMMP Audit is consistent with Strategic Direction #5 - “Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets” REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney

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ATTACHMENT(S):
2023 SSMP Audit

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1 EXECUTIVE SUMMARY
2023 City of Norco
Sanitary Sewer Management Plan Audit (SSMP)
On May 2, 2006, the California State Water Resources Control Board adopted Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Wastewater Collection Agencies. The order applies to all federal and state agencies, municipalities, counties and other public agencies that own or operate sanitary sewer collection systems greater than one mile in length that collect or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California.

The City of Norco City Council adopted its original Sewer System Management Plan (SSMP) in 2009. The SSMP was prepared in compliance with State Order 2006-0003-WDR issued May 2, 2006, to all publicly owned wastewater collection agencies owning more than one mile of pipeline.

Included in the State Order is a requirement that all agencies audit their SSMPs every two years to evaluate the effectiveness of the plan and staff member’s compliance with the State Order. The City of Norco has complied with that requirement by having its SSMP audited in 2011, 2014, 2017, 2019, 2021, and in the spring of 2021. The next audit will be required in 2025 and recertification of the SSMP will be due in 2024.

The 2023 audit had only minor findings mainly in regards to updating contact information.

This report represents an audit of the recertified 2019 City of Norco SSMP.

The SWRCB requires the electronic reporting of all sanitary sewer overflows as well as the development of a SSMP that specifies guidelines for monitoring, reporting and implementation of SSMP scheduling requirements. The City of Norco began electronic reporting in May 2007.
2023 Auditor Findings:

The City of Norco is in compliance with the State Order. Operations staff has complied with all aspects of the State Order, and the plan has been effective.

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2 STATE ORDER
The California State Water Resources Control Board adopted Order No. 2006-0003 DWQ, May 2, 2006 (State Order) to create an equitable statewide mechanism to manage all publicly owned wastewater collection agencies with more than a mile of pipeline, to reduce the number and severity of Sanitary Sewer Overflows (SSOs), and to set up a central depository for online reporting of SSOs when they do occur.

The Order is consistent with State Water Resources Control Board (SWRCB) Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than prescribed in SWRCB or Regional Water Board plans and policies.

A principal element of the State Order is the requirement the City of Norco adopt and maintain a management plan for its sanitary sewer collection and conveyance system, referred to as a Sewer System Management Plan or SSMP.

The State Order was amended September 9, 2013 with the issuance of State Order WQ 2013-0058- EXEC. Therefore, all SSMPs across the state were to be updated to include the contents of the amended order.

The 2023 Audit is required by the 2013 Amended State Order WQ 2013-0058-EXEC.

The State Order establishes the following goal:

Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.

The State Order requires City of Norco staff members perform periodic internal audits of the SSMP with focus on evaluating the effectiveness of the SSMP and staff member’s compliance with its requirements, as shown in Section D-13 of the State Order. The internal audits must be performed at least every two (2) years with the audit report kept on file at the City of Norco. Norco's audits were completed in 2011, 2014, 2015, 2017, 2019, and 2021 as required, and therefore this audit is due in 2023.

The SSMP must be updated/recertified every five (5) years, must contain any significant program changes, and be recertified in 2024 after review and approval by the Norco City Council. To complete the recertification process, Norco staff members must enter the information into the Online SSO Database and mail a hard copy to the State Water Resources Control Board.

This is the City of Norco’s seventh audit of their SSMP. City Council approval is not required, staff recommends the City Council receive and file the report. Staff did not find any deficiencies, but will address recommendations.

As specified in the State Order, the SSMP is comprised of eleven (11) sections. A summary of the 2023 audit, which is an evaluation of each individual category, has been completed by City of Norco staff. All recommendations from previous audits have been addressed.

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3 2023 AUDIT EXECUTIVE SUMMARY
Audit Executive Summary
Recommendations: None
Response: Completed
Audit Section 1
Recommendations: None
Response: Completed
Audit Section 2
Recommendations: Revise and Update Management and Operations Staff Contact Information. Update the Public Works Organizational Chart and key staff positions.

Response: Completed
Audit Section 3
Recommendations: None
Response: Completed
Audit Section 4
Recommendations: Completed
Response: Completed
Audit Section 5
Recommendations: None
Audit Section 6
Recommendations: Update personnel in Table 6.1 Spill Response Team. Update “Outside Vendor Resources” contact information.

Response: Completed
Audit Section 7
Recommendations: Completed
Response: Completed
Audit Section 8
Recommendations: None
Response: Completed

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4 Audit Section 9
Recommendations: None
Response: Completed
Audit Section 10
Recommendations: None
Response: Completed
Audit Section 11
Recommendations: None
Response: Completed
Section 1
Goals
Requirement: Reduce, prevent and mitigate SSOs:

The City of Norco is in compliance, the SSMP has helped prevent and mitigate SSO’s within the sanitary sewer collection system.

Section 2
Organization
Requirement: Names and phone numbers for key management personnel:

The City of Norco is current and has implemented. Names and phone numbers are updated as necessary.

Requirement: Names and phone numbers for key administrative personnel:

The City of Norco is current and has implemented. All information has been updated.

Requirement: Names and phone numbers for key maintenance personnel:

The City of Norco is current and has implemented.

Requirement: Chain of communications for reporting SSOs:

The City of Norco is current and has implemented.

Requirement: Prevent illicit discharges to sanitary sewer.

The City of Norco is current and has implemented
Requirement: Ensure access for inspection, maintenance, and repairs.

The City of Norco is current and has implemented
Requirement: Limit discharge of FOG and debris that may cause blockages.

The City of Norco is current and has implemented.

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5 Section 3
Legal Authority
Requirement: Require the installation of grease removal devices.

The City of Norco requires the installation of grease interceptors through the Building Department permit process.

Requirement: Ability to inspect FOG producing facilities.

The City of Norco has the ability to inspect all facilities within their sanitary sewer collection system.

Requirement: Enforce violations of the City’s sewer ordinances.

The City of Norco has approved a sewer Ordinance to effectively enforce all violations within their sanitary sewer collection system.

Section 4
Operations and Maintenance
Requirement: Maintain up-to-date maps of the sanitary sewer system.

The City of Norco is current and has implemented. New technologies are reviewed as they become available.

Requirement: Describe routine preventive maintenance program.

The City of Norco contracts for annual collections system cleaning of lift (pump) stations, flumes, manholes, and pipelines. The contract includes video. The City has an adopted Fiscal Year Operations and Maintenance Budget and a five-year Capital Improvement Program (CIP) Fund Budget.

Requirement: Document completed preventive maintenance using work orders.

The City of Norco utilizes an electronic work order system to track all maintenance activities.

Requirement: Rehabilitation plan identifying and prioritizing system inadequacies.

The 5-year CIP identifies and prioritizes system replacement activities.

Requirement: Provide regular training for staff.

Operations Staff conducts at a minimum bi-weekly safety meetings and monthly operations meetings.

Requirement: Require contractors to provide training.

Contractors are required to provide training to employees working within the City of Norco sanitary sewer collection system.

Requirement: Maintain equipment inventory
Required inventory is maintained.

Requirement: Maintain critical spare part inventory.

The City maintains critical inventory.

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6 Section 5
Operations and Maintenance
Requirement: Design and construction standards for repair and rehabilitation of existing system.

The City of Norco has approved Sanitary Sewer Collection System Standards and Specifications.

Requirement: Procedures for inspection and acceptance of repairs to sewer system facilities.

The City of Norco has trained inspectors conducting all collection system inspections.

Section 6
OERP Sanitary Sewer Overflow Response Plan (SSORP)
Requirement: Procedures for the notification of primary responders.

The City utilizes normal operations and after hour emergency response (cell phones).

Requirement: Procedures for the notification of regulatory agencies.

Operations employees use the SOP for reporting direction.

Requirement: Ensure Norco Staff are familiar with and follow the SSORP.

Management provides guidance for reporting and training activities.

Requirement: Proper reporting of all SSOs.

Monthly reporting and SSO reporting is in compliance.

Requirement: Ensure proper response procedures to all SSOs.

Current and training implemented.

Requirement: Ensure staff is trained in SSORP procedures.

Bi-weekly and monthly training programs.

Requirement: Ensure contractor personnel are aware of and follow SSORP.

Contractors are required to train sanitary sewer collection personnel.

Requirement: Ensure contractor personnel are SSORP trained.

Contract specifications require training.

Requirement: Address emergency operations such as traffic and crowd control.

Staff is in compliance.

Requirement: Program to determine impacts of any SSOs that occur.

Ongoing, the existing program is constantly under review.

Page 23 of 343 ends

7 Section 7
FOG Control Program
Requirement: Public outreach program that promotes the proper disposal of FOG.

All commercial and industrial users are surveyed and complete a questionnaire annually during the Business License permit process.

Requirement: Plan for disposal of FOG generated within sewer system.

The City of Norco contracts for collection system FOG removal.

Requirement: Identify City resources for FOG control.

Local and regional program.

Requirement: Identify facilities that have FOG related problems.

City continues to inspect facilities.

Requirement: Preventive maintenance for facilities that have FOG related problems.

Commercial and Industrial properties are required by ordinance to install preventive measures.

Section 8

EVALUATION AND CAPACITY ASSURANCE PLAN
Requirement: Identify Facilities that experience or contribute to SSOs caused by hydraulic deficiencies.

None Known.

Requirement: Short-term CIP to address Hydraulic deficiencies.

Approved 5-year CIP.

Requirement: Long-term CIP to address Hydraulic deficiencies.

Approved 5-year CIP.

Requirement: Procedures that provide for the analysis, evaluation, and prioritization of hydraulic deficiencies.

Daily, weekly and monthly inspections of each facility.

Requirement: The short and long term CIPs include schedules for the correction of hydraulic deficiency.

City is in compliance.

Section 9
Monitoring, Measurement and Program Modifications
Requirement: Maintain relevant information to establish, evaluate and prioritize SSMP activities.

Records are maintained and evaluated.

Page 24 of 343 ends

8 Requirement: Monitor implementation of the SSMP.

Completed.

Requirement: Measure where appropriate, performance elements of the SSMP.

The program is in compliance.

Requirement: Assess success of the preventive maintenance program.

Program is current.

Requirement: Update SSMP program elements based on monitoring or performance.

Updated.

Requirement: Identify and illustrate SSO trends.

Completed.

Section 10
SSMP Program Audits
Requirement: Conduct periodic audits.

Audits are completed whenever modifications or changes occur.

Requirement: Record the results of the audit report.

Results are updated.

Requirement: Record the changes made and/or corrective actions taken.

Ongoing.

Section 11
Communication Program
Requirement: Have outreach efforts been developed and documented.

Staff informs and inspects through the Business License process. Staff has updated social media and Nixle communication platforms.

Completed by the City of Norco, Department of Public Works _______________________________________________

Page 25 of 343 ends

City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Matt Boudreaux, IT Manager
Department: IT
SUBJECT:

Procurement of Dell Datacenter Server Hardware Refresh
RECOMMENDATION:

Approve the purchase of Dell server and networking hardware from [RE]Design Group in the amount of $115,400.

SUMMARY:

The City's primary datacenter server hardware is due for replacement. According to best practices outlined in the IT Master Plan, server hardware should be refreshed every five years. Approval of this purchase will provide long term redundancy, enhance user experience, and improve our disaster recovery posture.

BACKGROUND:

The City utilizes Dell server hardware throughout its two datacenters. The primary datacenter server was installed in 2017 with the purchase of ESRI GIS and CentralSquare EAM (Lucity) Asset Management software.

The City's primary datacenter server does not offer the feature set of newer technologies and is no longer upgradable. City Staff recommends upgrading to a converged infrastructure datacenter solution as outlined in the IT Master Plan (Initiative #53 - Server and Disk Storage Upgrade). This solution provides high availability, redundancy, and reduced maintenance while using less energy and resources. This will also add additional computing power to the City's datacenter, making it more responsive, as well as fault tolerant.

To provide the City with the best service at the lowest price, staff through cooperative purchasing worked with Dell and [RE]Design Group utilizing pricing from The National Association of State Procurement Officials (NASPO) contract #C000000878001, fulfilling the competitive bidding requirement (NMC 3.24.130). A quote has been provided for Council's review (Attachment A).

Page 26 of 343 ends

FISCAL IMPACT:

Funding for the one-time hardware and installation service cost of $115,400 is included in the Fiscal Year 2023-24 American Rescue Plan Act (ARPA) Grant Budget.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets, and Action Plan 3 - Implement the actions identified in the IT Assessment and Strategic Plan.

IT Master Plan Initiative #53 - Server and Disk Storage Upgrade IT Master Plan Initiative #65 - Disaster Recovery Planning IT Master Plan Initiative #69 - Windows Active Directory REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Attachment A - Datacenter Hardware Refresh Quote
Attachment B - NASPO State of California Participating Addendum

Page 27 of 343 ends

Thursday, April 13, 2023
Prepared by Prepared for
Kasey Hunt
Account Manager
The [RE]DESIGN Group
[email protected]
Matt Boudreaux
IT Manager
City of Norco
[email protected]
Project
City of Norco - Data Center Modernization
Quote # 2877, Version 1
Proposal

Page 28 of 343 ends

City of Norco | City of Norco - Data Center Modernization Delivered: April 13, 2023 Quote # 2877, Version 1 Valid through: April 28, 2023
Prepared by Prepared for
Kasey Hunt
The [RE]DESIGN Group
2629 Manhattan Ave, Suite 307
Hermosa Beach, CA 90254
[email protected]
Matt Boudreaux
IT Manager
City of Norco
[email protected]
Data Center Modernization
Description Price Qty Ext. Price
NASPO NASPO Contract - C000000878001 $0.00 1 $0.00
210-AYJZ PowerEdge R650 Server $949.37 3 $2,848.11
379-BEIC 8x2.5 Front Storage $0.00 3 $0.00
379-BDSS SAS/SATA Backplane $0.00 3 $0.00
379-BDTE No Rear Storage $0.00 3 $0.00
461-AAIG Trusted Platform Module 2.0 V3 $28.47 3 $85.41 321-BGHM 2.5" Chassis with up to 8 Hard Drives (SAS/SATA), 1 PCIe Slot, 1 CPU $48.90 3 $146.70 338-CBWN Intel Xeon Gold 5317 3G, 12C/24T, 11.2GT/s, 18M Cache, Turbo, HT (150W) DDR4-2933
$618.26 3 $1,854.78
374-BBBX No Additional Processor $0.00 3 $0.00
412-AAVO Heatsink for 1 CPU configuration (CPU less than or equal to 165W) $0.00 3 $0.00 370-AAIP Performance Optimized $0.00 3 $0.00
370-AEVR 3200MT/s RDIMMs $0.00 3 $0.00
780-BCDN RAID 1 $0.00 3 $0.00
Quote #002877 v1 www.redesign-group.com Page 29 of 343
Data Center Modernization
Description Price Qty Ext. Price
405-AAZB PERC H755 SAS Front $575.10 3 $1,725.30
750-ACFR Front PERC Mechanical Parts, front load $0.00 3 $0.00 384-BBBL Performance BIOS Settings $0.00 3 $0.00
800-BBDM UEFI BIOS Boot Mode with GPT Partition $0.00 3 $0.00 750-ADIG 3 Standard Fans for 1 CPU $28.47 3 $85.41
450-AKLF Dual, Fully Redundant(1+1), Hot-Plug Power Supply,1100W MM HLAC (ONLY FOR 200-240Vac) Titanium
$411.11 3 $1,233.33
330-BBRQ Riser Config 0, 1CPU, Half Length, Low Profile, 1 x16 Slot $63.29 3 $189.87 329-BFGW PowerEdge R650 Motherboard with Broadcom 5720 Dual Port 1Gb OnBoard LOM$0.00 3 $0.00 528-CRVW iDRAC9 Datacenter 15G $198.22 3 $594.66
528-CTZH OpenManage Enterprise Advanced Plus $143.56 3 $430.68 540-BCOF Mellanox ConnectX-5 Dual Port 10/25GbE SFP28, OCP NIC 3.0 $234.46 3 $703.38 325-BECJ LCD Bezel $48.62 3 $145.86
350-BCEI Luggage Tray x8 and x10 Chassis, R650 $0.00 3 $0.00 403-BCID BOSS Blank $0.00 3 $0.00
350-BBXN Quick Sync 2 (At-the-box mgmt) $25.60 3 $76.80 379-BCSF iDRAC,Factory Generated Password $0.00 3 $0.00 379-BCQY iDRAC Group Manager, Disabled $0.00 3 $0.00
611-BBBF No Operating System $0.00 3 $0.00
605-BBFN No Media Required $0.00 3 $0.00
770-BDMT Cable Management Arm $19.84 3 $59.52
Quote #002877 v1 www.redesign-group.com Page 30 of 343
Data Center Modernization
Description Price Qty Ext. Price
770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar
$42.87 3 $128.61
631-AACK No Systems Documentation, No OpenManage DVD Kit $0.00 3 $0.00 340-CUQR PowerEdge R650 Shipping $0.00 3 $0.00
340-CUQO R650 Ship 8x2.5 $14.10 3 $42.30
343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis $0.00 3 $0.00 389-DYHX PowerEdge R650 CCC Marking, No CE Marking $0.00 3 $0.00 817-BBBB Custom Configuration $0.00 3 $0.00
366-0192 Std Bios Setting A/C Power Recovery On $5.61 3 $16.83 366-0193 Std Bios Setting Power Management* - Maximum Performance $8.63 3 $25.89 853-2137 Dell Hardware Limited Warranty Plus Onsite Service $57.54 3 $172.62 853-2140 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years
$343.79 3 $1,031.37
853-2155 ProSupport Mission Critical 7x24 Technical Support and Assistance 3 Years
$663.42 3 $1,990.26
989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
$0.00 3 $0.00
825-8623 Certified Deployment Partner T1 or Distributors $0.00 3 $0.00 366-8125 Configuration Services, Standard ISG Asset Service Report $16.40 3 $49.20 370-AGDS 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 $432.70 24 $10,384.80 400-AZUT 480GB SSD SATA Mix Use 6Gbps 512 2.5in Hot-plug AG Drive, 3 DWPD $312.68 6 $1,876.08 450-AALV Power Cord - C13, 3M, 125V, 15A (North America, Guam, North Marianas, Philippines, Samoa, Vietnam)
$0.00 6 $0.00
Quote #002877 v1 www.redesign-group.com Page 31 of 343
Data Center Modernization
Description Price Qty Ext. Price
492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America
$6.33 6 $37.98
540-BDIN Mellanox ConnectX-5 Dual Port 10/25GbE SFP28 Adapter, PCIe Low Profile, V2
$203.98 3 $611.94
210-AXLU Cables & Others Virtual Base $0.00 1 $0.00
407-BCZR Dell Networking, Transceiver, SFP+, 10GbE, SR, 850nm Wavelength, 300m Reach
$317.965 4 $1,271.86
470-AAGN Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper Twinax Direct Attach Cable, 1 Meter
$33.91 2 $67.82
470-BBCX Dell Networking, Cable, SFP28 to SFP28, 25GbE,Passive Copper Twinax Direct Attach Cable,3 Meter
$48.17 24 $1,156.08
470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive Copper Direct Attach Cable, 0.5 Meter
$119.49 2 $238.98
470-ACMF Dell Networking Cable, OM4 LC/LC Fiber Cable, (Optics required), 3 Meter
$98.29 4 $393.16
929-3709 Thank you for Your Order $0.00 1 $0.00
935-6720 Thank you for Your Order $0.00 1 $0.00
210-AXXJ PowerStore 500T Customer Rack $4,134.39 1 $4,134.39 370-AFXQ 192GB Appliance DIMM 96GB Per Node $2,222.92 1 $2,222.92 379-BEIQ Thank you for choosing Dell $0.00 1 $0.00
528-BTZK PowerStore Base SW $0.00 1 $0.00
406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR $744.34 1 $744.34 450-AKHN LOW LINE POWER SUPPLY RT PAIR $684.84 1 $684.84 343-BBMR BASE UNIT CONFIG KIT $0.00 1 $0.00
142-BBPN Datadobi DobiMigrate PowerStore File Migration License $0.00 1 $0.00 Quote #002877 v1 www.redesign-group.com Page 32 of 343
Data Center Modernization
Description Price Qty Ext. Price
379-BDPD ISG Product (info) $0.00 1 $0.00
876-3336 Dell Hardware Limited Warranty $324.65 1 $324.65 876-3470 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years
$747.29 1 $747.29
876-3530 ProSupport Mission Critical 7x24 Technical Support and Assistance 3 Years
$871.59 1 $871.59
989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
$0.00 1 $0.00
800-BBQV Informational Purposes Only $0.00 1 $0.00
825-8623 Certified Deployment Partner T1 or Distributors $0.00 1 $0.00 400-BGGI P1 25X2.5 NVME SED SSD 1.92TB $2,983.53 10 $29,835.30 565-BBJR 25GBE TWINAX 4 PORT IO MODULE PAIR $744.34 1 $744.34 450-AIOH C19 PWRCORD PAIR NEMA5-15 125V 10A 2Metr $0.00 1 $0.00 828-4819 ProSupport: Mission Critical 4-Hour 7x24 On-Site Low Capacity SSD Add -On, 3 Years
$1,034.66 10 $10,346.60
210-ATXO AppSync for PowerStore $0.01 1 $0.01
900-9997 On-Site Installation Declined $0.00 1 $0.00
828-5766 ProSupport Mission Critical for AppSync Starter Pack Software Support Contract 3 Years
$0.00 1 $0.00
528-BYHF AppSync Str Pk for PowerStore=CB $0.00 1 $0.00 828-5722 ProSupport Mission Critical for AppSync Starter Pack Software Support Maintenance 3 Years
$0.00 1 $0.00
210-APHT Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE QSFP28 ports, PSU to IO air, 2x PSU
$6,663.23 2 $13,326.46
343-BBLP Dell EMC S52XX-ON Series User Guide $1.26 2 $2.52 Quote #002877 v1 www.redesign-group.com Page 33 of 343
Data Center Modernization
Description Price Qty Ext. Price
634-BRWJ OS10 Enterprise, S5224F-ON $1,102.97 2 $2,205.94 634-BYIJ OS10 SmartFabric Services $0.00 2 $0.00
818-4983 Dell Hardware Limited Warranty 1 Year $157.30 2 $314.60 818-4992 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 1 Year
$161.38 2 $322.76
818-4993 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Extended to 2 Years
$400.64 2 $801.28
818-5003 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance, 3 Years
$1,688.75 2 $3,377.50
975-3461 Dell Limited Hardware Warranty Extended Year(s) $0.00 2 $0.00 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
$0.00 2 $0.00
997-6306 Info 3rd Party Software Warranty provided by Vendor $0.00 2 $0.00 825-8623 Certified Deployment Partner T1 or Distributors $0.00 2 $0.00 848-8538 3 Years ProSupport OS10 Enterprise Software Support-Maintenance $231.63 2 $463.26 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $6.30 2 $12.60 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $6.30 2 $12.60 210-AEDQ S3048-ON, 48x 1GbE, 4x SFP+ 10GbE ports, Stacking, PSU to IO air, 1x AC

PSU, NO OS
$2,892.18 1 $2,892.18
634-BIXD OS10 Enterprise, S3048-ON $712.06 1 $712.06
450-AEOQ Power Supply, 200w, PSU to IO airflow, S3048-ON $106.85 1 $106.85 634-BCXR Dell Networking S3048-ON User Guide $2.85 1 $2.85 802-7389 Dell Hardware Limited Warranty Initial Year $76.65 1 $76.65 Quote #002877 v1 www.redesign-group.com Page 34 of 343
Data Center Modernization
Description Price Qty Ext. Price
802-7396 Mission Critical Package: 4-Hour 7X24 On-Site Service with Emergency Dispatch, Initial Year
$72.48 1 $72.48
802-7400 Dell Hardware Limited Warranty Extended Year(s) $0.00 1 $0.00 802-7405 Mission Critical Package: 4-Hour 7X24 On-Site Service with Emergency Dispatch, 2 Year Extended
$202.37 1 $202.37
802-7406 ProSupport: 7x24 HW / SW Tech Support and Assistance, 3 Year $853.25 1 $853.25 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
$0.00 1 $0.00
997-6306 Info 3rd Party Software Warranty provided by Vendor $0.00 1 $0.00 825-8623 Certified Deployment Partner T1 or Distributors $0.00 1 $0.00 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $5.69 2 $11.38 Subtotal: $106,101.45
Implementation
Description Price Qty Ext. Price
[RE]DESIGN White Glove Fixed Scope Implementation - Included [RE]DESIGN White Glove Fixed Scope Implementation - included $0.00 1 $0.00
Subtotal: $0.00
Quote #002877 v1 www.redesign-group.com Page 35 of 343
City of Norco | City of Norco - Data Center Modernization Delivered: April 13, 2023 Quote # 2877, Version 1 Valid through: April 28, 2023
Quote Summary
Description Amount
Data Center Modernization $106,101.45
Implementation $0.00
Subtotal: $106,101.45
Estimated Tax: $6,979.62
Total: $113,081.07
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group.

The [RE]DESIGN Group City of Norco
Signature:

Name: Phil Sanginario
Title:

Date:

Signature:

Name:

Date:

Quote #002877 v1 www.redesign-group.com Page 36 of 343

PARTICIPATING ADDENDUM
NASPO ValuePoint Cooperative Purchasing Program

COMPUTER EQUIPMENT MASTER AGREEMENT
Minnesota Master Agreement No.: MNWNC-108
California Participating Addendum No. 7-15-70-34-003
' DELL MARKETING, L.P. (Contractor)
This Participating Addendum Number 7-15-70-34-003 is entered into between the State of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Dell Marketing, L.P. (hereafter referred to as “Contractor”) under the NASPO ValuePoint Cooperative Purchasing Program Master Agreement Number MNWNC-108 (“Master Agreement”) executed by the State of Minnesota. »

1. Scope
A. This Participating Addendum covers the purchase of Computer Equipment under the Master Agreement for the following product bands:

Band 1 — Desktop
Band 2 — Laptop
Band 3 — Tablet
Band 4 — Server
Band 5 — Storage
B. This Participating Addendum is available for use by California political subdivisions/local governments (hereafter referred to as “Purchasing Entities”). A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities(CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds.

C. Political subdivision/local government use of this Participating Addendum is optional. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Minnesota Master Agreement are consistent with its procurement policies and regulations.

D. Participating Entities may enter into lease agreements for the products covered in the Master Agreement, ifthey have the legal authority to enter into these types of agreements.

2. Term
A. The term of this Participating Addendum shall begin upon signature approval by the State and willend March 31, 2017, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the Master Agreement term date are automatically incorporated into this Participating Addendum unless terminated early in accordance with the terms and conditions of the Master Agreement or this Participating Addendum.

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Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
. Order of Precedence
In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:

A. California Participating Addendum 7-15-70-34-O03
B. Minnesota WSCA-NASPO Master Agreement MNWNC-108
. Terms and Conditions
The California General Provisions — Information Technology (GSPD401lT), revised and effective 09/5/14, is hereby incorporated by reference and made a part of this Participating Addendum. The 12 page document is available at:
http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401|T14_0905.pdf. . Price List
Contractor shall maintain a website dedicated to this Participating Addendum which contains the Product and Service Schedule (PSS) and designated base line price listfor participating entities to verify product/service pricing and applicable discounts offered under the Master Agreement.

Partner Utilization
A. Contractormay use Partners under this Participating Addendum for sales and service functions as defined herein. Each Purchasing Entity willdetermine whether use of Partners is consistent with its procurement policies and regulations.

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even ifwork is performed by Partners.
'
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Partners are classifiedas follows:
1) “Authorized Reseller”
a. Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum.
b. Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
c. Allpurchase documents to Authorized Resellers shall reference the Participating Addendum Number.
d. If applicable, Authorized Rese||er(s) under this Participating Addendum willbe listed on the Contractor’s dedicated website.

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7. Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
2) “Agent”
a. Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum.
‘b. Agents are not authorized to accept orders or payments. c. Ifapplicable, Agent(s) under this Participating Addendum willbe listed on the Contractor's dedicated website.

Invoicing
The Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum. -
Usage Reporting
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the WSCA—NASPODetailed Sales report template.

B. The report is due even when there is no activity.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at [email protected].

D. Any report that does not follow the required format or that excludes information willbe deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State. ,
E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
JUL 1 to SEP 30 OCT 31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR 31 APR 30
APR 1 to JUN 30 JUL 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

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Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

9. Administrative Fee
A.

H.

Contractor shall submit a check, payable to the State of California, remitted to the Department of General Services, Procurement Division for the calculated amount equal to one percent (0.01) of the sales for the quarterly period.

Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Multiple Awards Program
707 3'“Street, 2"“Floor, MS 2-202
West Sacramento, CA 95605
The administrative fee shall not be included as an adjustment to Contractor’s Master Agreement pricing.

The administrative fee shall not be invoiced or charged to the ordering agency.

Payment of the administrative fee isdueirrespective of payment status on orders or service contracts from a Purchasing Entity.
. Administrative fee checks are due for each quarter as follows:

Reporting Period Due Date
JUL 1 ‘[0 SEP 30 OCT 31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR31 APR 30
LAPR1to JUN 30 JUL 31
Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

10. Contract Management
‘A.The primary contact individuals this Participating Addendum shall be as follows:

Contractor
Name: Amanda Hudson
Phone: (512) 723-6806
Fax: (512) 283-2691
E-Mail: Amanda [email protected]
Address: One Dell Way, Mailstop RR1-33 Legal
Round Rock, Texas 78682

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4» Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Fax: (916) 375-4663
E-Mail: [email protected]
Address: Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
B. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

11. Termination of Agreement
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party willassist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

12. Agreement
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. -
B. By signing below Contractor agrees to offer the same products/and or services as on the Master Agreement, at prices equal to or lower than the prices on that contract.

C. INWITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

Page 5 of 6 ends
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Participating State:

STATE OF CALIFORNIA
By:

A C51(X7 By:

Name: Jim Butler Name:

Title: Deputy Director Title:

Date: \O/M1 Date:

Page 6 of 6 ends

Participating AddendumNo. 7-15-70-34-003
Dell Marketing, L.P.

Contractor:

DELLMARKETING, L.P.

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Nicole Huetinck, Admin
Department: Sheriff
SUBJECT:

Riverside County Sheriff’s Contract Amendment
RECOMMENDATION:

Approve the Riverside County Sheriff’s Contract Amendment to include the conversion of one existing traffic enforcement deputy to a motorcycle enforcement deputy.

SUMMARY:

Implementing this amendment to the Law Enforcement Agreement will convert an existing traffic enforcement deputy position to a motorcycle enforcement deputy position.

BACKGROUND:

Recently, the Norco Sheriff’s Office evaluated cost-effective ways to address local traffic concerns and improve the safety of motorists traveling on the roadways within the City of Norco. It was ultimately determined that the best, most cost-effective solution was converting an existing traffic enforcement deputy position to a motorcycle enforcement deputy position. The initial upfront cost of the motorcycle and equipment was approximately $46,802. Based on the Sheriff’s current fiscal year savings, the total upfront costs were paid in full without negatively impacting the FY 2022-23 budget.

This change must now be amended to incorporate this change into the existing Agreement for law enforcement services. After delivery of the motorcycle and selection and training of the Deputy who will take this assignment, it is anticipated that the Motor Officer will assume his or her duties in Summer 2023.

FISCAL IMPACT:

The estimated reoccurring cost increase is $1,154 annually for the motor officer.

RELATIONSHIP TO STRATEGIC PLAN:

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Strategic Plan #1 Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members, and Sub-Action 4: Strengthen traffic safety.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Contract

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1 FOURTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT

SERVICES BETWEEN THE CITY OF NORCO

AND THE COUNTY OF RIVERSIDE
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Department, and the City of Norco, a Charter City, approved by the Board of Supervisors on May 21, 2019 in Minute Order 3.26 for services effective July 1, 2019 through June 30, 2024, as amended in that certain First Amendment on April 7, 2020 (Minute Order 3.46) and as amended in that certain Second Amendment on August 25, 2020 (Minute Order 3.45) and as amended in that certain Third Amendment on May 17, 2022 (Minute Order 3.23) (collectively, the “Agreement”) is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect:

1. The Agreement is amended to add the following provision:

17. ELECTRONIC SIGNATURES
Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

2. Attachment A-3 of the Agreement is hereby deleted in its entirety and replaced with Attachment A-4, attached hereto to this Fourth Amendment and incorporated herein by this reference.

IN WITNESS WHEREOF, the City of Norco, by minute order or resolution duly adopted by its City Council, has caused this Fourth Amendment to the Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Fourth Amendment to be signed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF NORCO
Dated:________________ By:___________________________
Robin Grundmeyer, Mayor
Original 1 of 3

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2 ATTEST:

Name
Title
By:_____________________

COUNTY OF RIVERSIDE
Dated:__________________ By:___________________________ Kevin Jefferies
Chair of the Board of Supervisors
Riverside County Board of Supervisors
ATTEST: APPROVED AS TO FORM:

Kimberly A. Rector Minh C. Tran
Clerk of the Board County Counsel
By:____________________ By:_________________
Deputy Katherine Wilkins
Deputy County Counsel

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3 ATTACHMENT A-4

CITY OF NORCO

LEVEL OF SERVICE
Average Patrol Services
48 fully supported hours per day (Equivalent of 9.3 Deputy Sheriff positions @ 1,884 annual productive hours per position).

Dedicated Positions
One (1) Sheriff’s Lieutenant
Three (3) Deputy Sheriff (fully supported) positions – Community Oriented Policing Two (2) Deputy Sheriff (fully supported) positions – Traffic One (1) Deputy Sheriff (fully supported) position – Motor Four (4) Community Service Officer positions

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.F.

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

Amendment of FY 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Norco Elementary School Storm Drain Project, acceptance of bids and award of Contract for the Norco Elementary Storm Drain Project RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2023-2027 CIP storm drain budget in the amount of $1,410,245 for the Norco Elementary School Storm Drain Project; accept bids, award a contract to Kirtley Construction, Inc. dba as TK Construction for the Norco Elementary School Storm Drain Project in the amount of $1,212,313; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Norco Elementary School Storm Drain Project were opened on March 30, 2023, with Kirtley Construction, Inc. dba as TK Construction, Inc. of San Bernardino, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Kirtley Construction, Inc. dba as TK Construction in the amount of $1,212,313 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the Norco Elementary School Storm Drain Project were advertised on March 13, 2023, with a bid opening date of March 30, 2023. A total of six (6) bids were received with proposals ranging in value from $1,212,313 to $1,888,219.

The bid summary analysis has been attached for Council’s review (See Bid Summary).

The Norco Elementary School Storm Drain Project includes the installation of 1,570 linear feet of various size RCP storm drain and catch basins. The project also includes minor street improvements necessary to direct runoff into the proposed storm drain system (See Project Exhibit).

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Staff has reviewed all the bids submitted and determined that Kirtley Construction, Inc. dba as TK Construction of San Bernardino, California, as being the lowest responsible bidder in the amount of $1,212,313 (see Bid Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the Norco Elementary School Storm Drain Project.

The Norco Elementary School Storm Drain Project has an approved budget of $545,000 (Fund 129 - Project No. 4214.38; Account No. 129.935.43180 & 129.935.43180.30). The budget is insufficient to fund the low bid amount. The original cost estimate for this project was created in 2020 and was not amended in the FY 2023-2023 CIP Budget to reflect current construction costs, however, RCFC&WCD has indicated they would provide the additional funding for the project. Therefore, staff is recommending approval to amend the FY 2023-2027 CIP Budget to increase the project budget in the amount of $1,410,245 to ensure sufficient funding for the project ($1,212,313, the full bid amount, $51,700 for design), $25,000 for inspection services and a 10% contingency.

Funds for the project will be secured through a Funding Agreement with the Riverside County Flood Control & Water Conservation District (RCFC&WCD). Funding for the storm drain portion of the project includes 100% of the contract award amount, 100% of the design costs, 10% for design administration, 15% for construction contract administration and 10% for construction change orders.

FISCAL IMPACT:

The Norco Elementary School Storm Drain Project was approved as a Capital Improvement Program (CIP) project in the Storm Drain Fund in Fiscal Year 2021-2025.

Funds in the amount of $545,000 ($40,000 for design, $505,000 for construction) are not sufficient to fund the lowest bidder bid amount including the 10% contingency. Staff is requesting the appropriation of additional funding for construction costs in the amount of $865,245 for the project (Project Number 4214.38; Account Number 129.935.43180 & 129.935.43180.30).

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Norco Elementary School Storm Drain Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Bid Summary
Project Exhibit

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Bid Proposal
Contract -TK Construction

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City of Norco
Bid Results for Project Norco Elementary Storm Drain Project (4214.38)Issued on 03/07/2023Bid Due on March 30, 2023 12:00 PM (PDT)Exported on 04/03/2023Line Totals (Unit Price * Quantity) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) LS 1 $30,000.00 $30,000.00 $42,500.00 $42,500.00 $42,000.00 $42,000.00 2 Traffic Control Plans & Construction Devices LS 1 $12,200.00 $12,200.00 $30,000.00 $30,000.00 $28,000.00 $28,000.003 Furnish and Install 30” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 1,495 $300.00 $448,500.00 $379.00 $566,605.00 $392.00 $586,040.00 4 Furnish and Install 24” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 79 $350.00 $27,650.00 $530.00 $41,870.00 $598.00 $47,242.00 5 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251 EA 5 $7,500.00 $37,500.00 $11,500.00 $57,500.00 $12,500.00 $62,500.00 6 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case C EA 3 $13,300.00 $39,900.00 $15,800.00 $47,400.00 $22,400.00 $67,200.00 7 Furnish and Construct 36”x36” Drainage Inlet per Jensen Brooks Precast catalog “Brooks 3636 CB” or approved equal EA 1 $6,700.00 $6,700.00 $6,000.00 $6,000.00 $6,300.00 $6,300.00 8 Furnish and Install Manhole No. 4 per RCFC & WCD STD. DWG. MH254 EA 1 $11,500.00 $11,500.00 $15,000.00 $15,000.00 $12,900.00 $12,900.00 9 Furnish and Install Junction Structure No. 6 EA $10,600.00 $21,200.00 $16,900.00 $33,800.00 $16,500.00 $33,000.00 2 10 Furnish and Install Junction Structure No. 2 per RCFC & WCD STD. DWG. JS227 EA 1 $6,500.00 $6,500.00 $6,000.00 $6,000.00 $5,200.00 $5,200.00 11 Furnish and Install 18” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 67 $250.00 $16,750.00 $534.00 $35,778.00 $352.00 $23,584.00 12 Furnish and Install Concrete Collar per RCFC STD. M803 EA $800.00 $800.00 $3,600.00 $3,600.00 $2,800.00 $2,800.00 113 Remove and Replace Existing Concrete Panels from Joint to Joint SF 372 $55.00 $20,460.00 $20.00 $7,440.00 $31.00 $11,532.00 14 Remove Existing 24” R.C.P. Storm Drain LF 28 $346.00 $9,688.00 $28.00 $784.00 $217.00 $6,076.00 15 Remove Existing 24” C.M.P. Storm Drain LF 31 $150.00 $4,650.00 $26.00 $806.00 $197.00 $6,107.0016 Remove and Replace Existing AC/AB, includes trench backfill SF 5,900 $8.00 $47,200.00 $16.63 $98,117.00 $18.00 $106,200.00 Kirtley Construction, Inc.
dba TK Construction
Ferreira Construction Co., Inc.

Dba Ferreira Coastal Construction Kana Pipeline, Inc.

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City of Norco
Bid Results for Project Norco Elementary Storm Drain Project (4214.38)Issued on 03/07/2023Bid Due on March 30, 2023 12:00 PM (PDT)Exported on 04/03/2023Line Totals (Unit Price * Quantity) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Kirtley Construction, Inc.
dba TK Construction
Ferreira Construction Co., Inc.

Dba Ferreira Coastal Construction Kana Pipeline, Inc.
17 Remove Existing AC/AB pavement SF 5,632 $10.00 $56,320.00 $7.00 $39,424.00 $12.00 $67,584.00 18 Re-Striping Center Lane after pavement repair per Caltrans STD. A20B, Detail 31 LF 195 $2.00 $390.00 $2.00 $390.00 $7.00 $1,365.00 19 Construct 6” Curb and Gutter type “C” per City of Norco STD. DWG. 200 LF 456 $104.00 $47,424.00 $68.00 $31,008.00 $91.00 $41,496.00 20 Reconstruct Cross Gutter to grade per City of Norco STD. DWG. 225 SF 442 $27.00 $11,934.00 $47.00 $20,774.00 $29.00 $12,818.00 21 Remove and Replace Ex. Concrete with 7 concrete paving with #4 bars 18” O.C. each way, over 4” class 2 aggregate base. Dowel in with Ex. Rebar. Match Ex. Concrete SF 5,640 $26.00 $146,640.00 $31.00 $174,840.00 $28.00 $157,920.00 22 Remove and Replace Existing field surface. Turf type per specifications SF 9,944 $7.00 $69,608.00 $4.50 $44,748.00 $5.00 $49,720.00 23 Sawcut and Join LF 88 $59.00 $5,192.00 $13.00 $1,144.00 $167.00 $14,696.0024 Add School Crossing striping per Caltrans STD. A24D EA $980.00 $1,960.00 $1,050.00 $2,100.00 $760.00 $1,520.00 2 25 Construct 0.33’ A.C. pavement over 0.50’ Class-2 A.B. SF 8,218 $12.00 $98,616.00 $9.50 $78,071.00 $6.00 $49,308.0026 Remove and Replace existing trail fence per City of Norco Std. No. 706 LF 40 $97.00 $3,880.00 $178.00 $7,120.00 $213.00 $8,520.00 27 Remove Existing Curb LF 140 $85.00 $11,900.00 $22.00 $3,080.00 $22.00 $3,080.00 28 Transition from 6” curb to 0” curb LF 35 $71.00 $2,485.00 $68.00 $2,380.00 $140.00 $4,900.00 29 Re-Striping Edgeline after pavement repair per Caltrans STD.

A20B, Detail 27B LF 331 $1.00 $331.00 $2.00 $662.00 $3.00 $993.00 30 Replace disturbed striping with 4” thermoplastic white stripes LS 1 $1,040.00 $1,040.00 $1,100.00 $1,100.00 $6,700.00 $6,700.00 31 Remove and replace fence and gate LS 1 $8,500.00 $8,500.00 $15,000.00 $15,000.00 $54,000.00 $54,000.00 32 Remove existing Cross Gutter SF 445 $11.00 $4,895.00 $6.00 $2,670.00 $14.00 $6,230.00 Subtotal $1,212,313.00 $1,417,711.00 $1,527,531.00Total $1,212,313.00 $1,417,711.00 $1,527,531.00

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City of Norco
Bid Results for Project Norco Elementary Storm Drain Project (4214.38)Issued on 03/07/2023Bid Due on March 30, 2023 12:00 PM (PDT)Exported on 04/03/2023Line Totals (Unit Price * Quantity) Item Description Unit Qty
1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) LS 1 2 Traffic Control Plans & Construction Devices LS 13
Furnish and Install 30” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 1,495 4 Furnish and Install 24” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 79 5 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251 EA 5 6 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case C EA 3 7 Furnish and Construct 36”x36” Drainage Inlet per Jensen Brooks Precast catalog “Brooks 3636 CB” or approved equal EA 1 8 Furnish and Install Manhole No. 4 per RCFC & WCD STD. DWG. MH254 EA 1 9 Furnish and Install Junction Structure No. 6 EA 2
10 Furnish and Install Junction Structure No. 2 per RCFC & WCD STD. DWG. JS227 EA 1 11 Furnish and Install 18” R.C.P., Bedding and Backfill per City of Norco STD. 155 LF 67 12 Furnish and Install Concrete Collar per RCFC STD. M803 EA 113 Remove and Replace Existing Concrete Panels from Joint to Joint SF 372 14 Remove Existing 24” R.C.P. Storm Drain LF 28
15 Remove Existing 24” C.M.P. Storm Drain LF 3116 Remove and Replace Existing AC/AB, includes trench backfill SF 5,900 Unit Price Line Total Unit Price Line Total Unit Price Line Total $55,000.00 $55,000.00 $50,000.00 $50,000.00 $55,488.92 $55,488.92$30,000.00 $30,000.00 $65,000.00 $65,000.00 $16,240.00 $16,240.00 $435.00 $650,325.00 $325.00 $485,875.00 $348.00 $520,260.00$370.00 $29,230.00 $295.00 $23,305.00 $218.08 $17,228.32 $7,000.00 $35,000.00 $18,500.00 $92,500.00 $9,073.52 $45,367.60 $15,000.00 $45,000.00 $22,500.00 $67,500.00 $16,025.40 $48,076.20 $2,000.00 $2,000.00 $13,500.00 $13,500.00 $8,120.00 $8,120.00$8,000.00 $8,000.00 $23,000.00 $23,000.00 $9,048.00 $9,048.00$8,000.00 $16,000.00 $18,000.00 $36,000.00 $17,400.00 $34,800.00$4,000.00 $4,000.00 $13,500.00 $13,500.00 $6,380.00 $6,380.00 $300.00 $20,100.00 $250.00 $16,750.00 $324.80 $21,761.60 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $1,624.00 $1,624.00 $105.00 $39,060.00 $90.00 $33,480.00 $39.44 $14,671.68$270.00 $7,560.00 $275.00 $7,700.00 $290.00 $8,120.00$270.00 $8,370.00 $275.00 $8,525.00 $290.00 $8,990.00 $18.00 $106,200.00 $28.50 $168,150.00 $23.20 $136,880.00 Vasilj, Inc. ARB, Inc. Scorpion Backhoe, Inc.

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City of Norco
Bid Results for Project Norco Elementary Storm Drain Project (4214.38)Issued on 03/07/2023Bid Due on March 30, 2023 12:00 PM (PDT)Exported on 04/03/2023Line Totals (Unit Price * Quantity) Item Description Unit Qty
17 Remove Existing AC/AB pavement SF 5,632
18 Re-Striping Center Lane after pavement repair per Caltrans STD. A20B, Detail 31 LF 195 19 Construct 6” Curb and Gutter type “C” per City of Norco STD. DWG. 200 LF 456 20 Reconstruct Cross Gutter to grade per City of Norco STD. DWG. 225 SF 442 21 Remove and Replace Ex. Concrete with 7 concrete paving with #4 bars 18” O.C. each way, over 4” class 2 aggregate base. Dowel in with Ex. Rebar. Match Ex. Concrete SF 5,640 22 Remove and Replace Existing field surface. Turf type per specifications SF 9,944 23 Sawcut and Join LF 8824 Add School Crossing striping per Caltrans STD. A24D EA 2 25 Construct 0.33’ A.C. pavement over 0.50’ Class-2 A.B. SF 8,21826 Remove and Replace existing trail fence per City of Norco Std. No. 706 LF 40 27 Remove Existing Curb LF 140
28 Transition from 6” curb to 0” curb LF 35
29 Re-Striping Edgeline after pavement repair per Caltrans STD.

A20B, Detail 27B LF 331
30 Replace disturbed striping with 4” thermoplastic white stripes LS 1 31 Remove and replace fence and gate LS 1
32 Remove existing Cross Gutter SF 445
Unit Price Line Total Unit Price Line Total Unit Price Line Total Vasilj, Inc. ARB, Inc. Scorpion Backhoe, Inc.
$9.00 $50,688.00 $28.50 $160,512.00 $34.80 $195,993.60$4.00 $780.00 $10.00 $1,950.00 $38.28 $7,464.60 $60.00 $27,360.00 $82.00 $37,392.00 $162.40 $74,054.40$44.00 $19,448.00 $49.50 $21,879.00 $44.08 $19,483.36$30.00 $169,200.00 $28.00 $157,920.00 $34.80 $196,272.00$25.00 $248,600.00 $3.00 $29,832.00 $23.20 $230,700.80$14.00 $1,232.00 $13.50 $1,188.00 $18.56 $1,633.28 $2,000.00 $4,000.00 $750.00 $1,500.00 $1,276.00 $2,552.00 $10.00 $82,180.00 $14.50 $119,161.00 $19.72 $162,058.96 $100.00 $4,000.00 $200.00 $8,000.00 $40.60 $1,624.00
$22.00 $3,080.00 $32.50 $4,550.00 $52.20 $7,308.00$60.00 $2,100.00 $32.50 $1,137.50 $92.80 $3,248.00 $3.00 $993.00 $3.50 $1,158.50 $46.40 $15,358.40
$1,200.00 $1,200.00 $3,500.00 $3,500.00 $5,220.00 $5,220.00$3,000.00 $3,000.00 $15,000.00 $15,000.00 $2,900.00 $2,900.00 $9.00 $4,005.00 $17.25 $7,676.25 $20.88 $9,291.60
$1,681,711.00 $1,682,141.25 $1,888,219.32$1,681,711.00 $1,682,141.25 $1,888,219.32

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'
,
,I"“" ... .

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BIDDERS NAME; KirtleyConstructionInc.dba, TKConstruction

CITY OF NORCO

PROPOSAL
FOR

NORCO ELEMENTARYSCHOOL STORM DRAIN PROJECT
TO CITY OF NORCO, as AGENCY:

In accordance with AGENCY’S“Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDERdeclares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDERagrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that ?nal compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self—insurance in accordance with the provisions of that code, and that the BIDDERwillcomply with such provisions of that code before commencing the performance of this Contract ifawarded to it.

BIDDERcertifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily ?led, and that no such reports are currently outstanding.

P-1

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BIDDERdeclares in the attached Non-CollusionAffidavitthat the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certi?es that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.

DATED; March 30th , 2023 B|DDER; KirtleyConstruction Inc. dba, TK Construction TITLE: President
BlDDER'S ADDRESS: P.O. Box 9608, San Bernardin
PHONE: 909-473-8739

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B|DDER'S INFORMATION
BIDDERcertifies that the followinginformationis true and correct:

Bidder's Name:

KirtleyConstruction Inc. dba, TK Construction
Business Address:

P.O. Box 9608, San Bernardino, CA 92427
Telephone:
909-473-8739
State Contractor's License No. and Class: 811801 - Class A, C34 Original Date Issued: 08/23/2002 Expiration Date: 09/30/2024 DIR Registration No.: 1000002924
The following are the names, titles, addresses, and phone numbers of all individuals, ?rm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:

I H. I
_ E
. I
1661 Martin Ranch Rd San Bernardino, CA 92407
E .H;. _,,.E .II
26686 BlackfootTrail E Rimforest CA 92378
Patricia Kirtle - Secreta /Treasurer
1661 Martin Ranch Rd, San Bernardino, CA 92407
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

N/A
Allcurrent and prior DBA's, alias, and/or ?ctitious business names for any principal having an interest in this proposal are as follows:

KirtleyConstruction Inc. dba, TK Construction
P-3

Page 58 of 343 ends

CONTRACTOR'SLICENSINGSTATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number: 811801
Name of Individual Contractor (Print or Type):

N/A
Signature of Owner: N[A
Business: N/A
Address or Name of Firm: N/A
Business Address: N/A
Name: Troy Kirtley Title: President
Address: 1661 MartinRanch Rd, San Bernardino, CA 92407
Name: Patricia Kirtley Title: SGCTGTETY/Treasurer
Address or Name of Corporation: KirtleyConstruction Inc. dba, TK Construction Business Address: P.O. Box 9608, San Bernardino,CA 92427 Corporation organized under the laws of the State of California Patricia Kirtley

Page 59 of 343 ends

SUBCONTRACTORLIST
in compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.

Name Under Speci?c Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
234 N. Arrowhead Joseph E. Bonadiman - 0 And Associates |nc_ 909172 1000007202 an Bemardmo'CA Survey Staking 1 /0
P.O. Box 2229 a AllAmerican Asphalt 257073 1000001051 C°f0na- CA 92873 Paving_ 30 /0 3387 Chicago Ave,
Riverside, CA Manh0|eS/ Structures Unlimited 550710 10000010800 92_5o7 Catch Basins 100/0 Ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

KirtleyConstruction Inc. dba, TK Construction
Bidder
March 30 2023
ry/ Treasurer
P—5

Page 60 of 343 ends

REFERENCES
The followingare the names, addresses, and phone numbers for three public agencies for which BIDDERhas performed similar work within the past two years:
_ 2870 Clark Ave. Chad Blais City of Norco Norco CA 92860 951-270-5678 City of San Bernardino 399 Chandler PI. Richard Hyle MunicipalWater Department San Bernardi? CA 92408 909-453-6270 San Bernardino County 222 W. HospitalityLn., 2nd Floor, Nelson Sarti Special Districts San Bernardino,CA 92415 909-386-8801

DESIGNATION OF SURETIES
The followingare the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Markel Insurance Company
4521 Highwoods Pkwy, Glen Allen,VA 23060
800-431-1270
AlliantInsurance Services, Inc.
685 Carnegie Dr., Suite 256, San Bernardingz CA 92408
909-886-9861
P—6

Page 61 of 343 ends

CITY OF NORCO

BIDBOND
FOR

NORCO ELEMENTARYSCHOOL STORM DRAINPROJECT
KNOWALLMEN BYTHESE PRESENT that KirtleyConstruction, Inc. dba TK Construction , as BIDDER,and _ MarkelInsurance Company
as
SURETY, are held and ?rmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of Ten percent of amount bid dollars
($ may ), which is 10 percent of the total amount bid by BIDDERto AGENCY for the above stated project, for the payment of which sum, BIDDERand SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONSOF THIS OBLIGATIONARE SUCH that, whereas BIDDERis about to submit a bid to AGENCY for the above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDERin the manner and time speci?ed, then this obligation shall be null and void, othen/vise it shall remain in full force and effect in favor of AGENCY. “ WITNESS our hands this 27th day of March , 2023. (seal)
KirtleyConstruction, Inc. dba TK Construction

CONTRACTOR
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.

I A notary public or other of?cer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.

Subscribed and sworn to before me this day of ,
Seal of Notary:

Notary Public

Page 62 of 343 ends

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENTCODE § 8202 1 :‘:'
See Attached Document (Notary to cross out lines 1-6 below) I] See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1 I _. "’3§$f§.§€§."_~i§>*‘$i$>‘?§>i3ti‘3I§*1'
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Anotarypublicorotherofficercompletingthiscertificateverifiesonlythe identityofthe individualwhosignedthe document to whichthis certificateis attached, and not the truthfulness,accuracy,or validityofthat document.

State of California Subscribed and sworn to (or affirmed) before me County of San Bernardino on this 30th day of March , 2o 23 , by Date Month Year (1) Troy Kirtley
‘
KAYCERAEHATTER I (and (2) Patricia Kirtley ),
»_ _, . Notary Public- California , SanBernardinoCounty i Name(s) of Signer(s) A V’
» CommissionIi 2397514 ‘ _ _ _ I
‘ MyComm.ExpiresMar 20, 2026I
proved to me on the basis of satisfactory evidence to
be the person(s) hoa/[me ed e?tore me.

Signature of Notary Public
Signature
P/ace Notary Seal and/or Stamp Above

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Page 63 of 343 ends

CERTIFIED OR CASHIERS CHECK, OR BIDDERSBOND MUST BE SCANNED OR UPLOADEDTO THEPLANETBIDS PORTAL WHENSUBMITTINGTHE BIDIPROPOSAL. THE SUCCESSFUL BIDDER SHALLPROVIDETHEORIGINALBIDDERSBONDDOCUMNETATIONTIMEOF AWARD.

BIDBOND (PAGE 2)
(seal)
sURETY’3 NAME_TYPE; Markel Insurance Company
MailingAddress: 4521 Highwood Pkwy
Glen Allen,VA 23060
By: Cynthia J. Young
Signature: /N7ne I. Title_ Att'rney—in-FactI
NOTE: SIGNATURE OF SURETY MUST BE NOTARIZED:

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

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
Subscribed and sworn to (or affirmed) before me this day of , 20_, by , proved to
me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal Signature:

P—8

Page 64 of 343 ends

CALIFORNIAALL-PURPOSEACKNOWLEDGEMENT
A notary publicorotherofficer completing this certificateveri?es only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California >ss a County of San Bernardino
On MAR2 7 2023 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Of?cer (e.g., “Jane Doe, Notary Public") personally appeared Cynthia J. Young
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
'7 Rebecca Elizabeth Adcock
__ N‘§,9,3,‘,“¢,,’f,,,,c_2j;f,:§§§,,§ l certify under PENALTYor PERJURY under the laws of " hi‘2/MsA:BER:AR_D'~°o:</Egg: ~ the State of California that the foregoing paragraph is »$'_AiTtni__:’ y orrrn. xpires. true and correct.

WTN Smyh
l ’\ and officialseal
8 nature of Notary u ic

OPTIONAL
Though the informationbelow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: RT THUMBPRINT

OF SIGNER
3 Individual Topoftnumbhere
II Corporate Officer
Title
Cl Partner -- Cl Limited C1 General
Il Attorney—in-Fact
II Trustee
II Guardian or Conservator
Other:

Signer is Representing:

Page 65 of 343 ends

STATEOF CALIFORNIA
DEPARTNIENT OF INSURANCE N9 (375U0

SAN FRANCISCO
Amended
Certificateof A‘u1;h01'ity A
THISISTO CERTIFYTHAT,‘Pursuantto the Insurance Code ofthe State ofCalifornia, Markel Insurance Company
of Deerfie ld , I 1 1iI’10iS , orggmizgd u?dgr the
laws of I 1 1 inois , subject to its Articles ofIncorporation or other?tndamental organizational clocuments,is hereby authorizedto transactwithinthe State, subject to all provisions ofthis Certt?cate,thefollowing classes ofir1su.7_'arzce.' Fire ,>Marine , Surety, Disability, Plate Glass’, Liability, Workers‘- Compensation, CommonCarrier Liability, Boi1er'a1t1d Machi_n_e_1c§%, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile,‘ and lliecellaneous g as such classes are now or may herea?et be ‘de?nedtnthe InsuranceLawsofthe State ofCalifornia.

THISCERTIFICATEis expressly conditionedupon theholderhereofnow andhereafter being in fullcompliancewithall, and not in violationofany,ofthe applicablelaws and lawful reqttirenzentsmade -underauthority ofthe lawsoftheStateofC_a_lIf0mz'a as longas such laws or Ieauiremetzts are in e?ect and applicable,and as such laws and ‘requirements now are, or may he$~eafter’be changedor amended.

IN WITNESSWHEREOF, e?ecaveas of__th,e__i£=L__
sayof January ' , 2 0 0 2 , I have hereunto
set my hand.andcaused myoj?cial seal to be a?ixetlthis
16th dayof» .Januat:‘-V « 2002 J
NOTICE: C . Qualificationwith"theSecretary of Statemust be accomplished as require - - -. 2 ‘ orpo ~ ‘ns Codepr ptly
afterissuance of this Certi?cate of Aumolity. Failureto do so will be a violatlonofInsuranceCode Sectio 01 a A will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the applicationtherefor an the conditions contained herein. »
FORM (:34 as? no 39391

Page 66 of 343 ends

PQA# 510028

JOINTLIMITEDPOWEROF ATTORNEY
KNOWALLMENBYTHESEPRESENTS: That SureTeclnsurance Company, a Corporation duly organized and existing under the laws of the State ofTexas and having its principal office inthe County of Harris,Texas and Maritalinsurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative of?ce in Glen Allen,Virginia, does by these presents make, constitute and appoint:

Jay P. Freeman, Cynthia J. Young, ChristinaMountz,AdrianaValenzuela Their true and lawful agentls) and attorney(s)—in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrumentexecuted hereunder shall not exceed the sum of:

Fifty Millionand 00/100 Dollars($50,000,000.00)
This Power of Attorney is granted and issigned and sealed under and by the authority of the following Resolutionsadopted by the Board of Directors of SureTec insurance Company and Markel insurance Company:
“RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attomey. and such authority can be executed by use of facsimilesignature, which may be attested or acknowledged-by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to af?x the corporate seal thereto." IN WlTNESSWHEREOF, Markel insurance Company and SureTec insurance Company have caused their officialseal to be hereunto affixed and these presents to be signed by their duly authorized officers on the min day of August - 2022 .

Markellnsurace Company /i
.1;
SureTec Insurance Company
?é. "I. "Wu0
.' \
BY: 33-}; ffh‘ if _;;___V
Michael C. Keimig, President RéhinRusso, Senior Vice President ...-"’ Commonwealth of Virginia
County of Henrico SS:
on this 10th day of AU9"5*-3°72 A. D., before me, a Notary Publicof the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THEABOVEOFFICERSOF THECOMPAl\llES,to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Boardof Directors of said Companies referred to in the preceding instrument is now in force. ‘uh! ll ' "in, ‘n‘.‘ixD “"4, {N TESTWIGNYWHEREOF,I have hereunto set my hand, and affixed VJ ‘ Seal-atthe tyfnf Henrico, the day and year first above written. "3" «Pay pow /L 2.

E
Q e_.'O’\ <9(/'._' 2‘ '2: /~ : : 3 MY 0 '. : .. i E
,_ 5 O 5 COl\/ll\/ilSSlON 3
<
: By; E‘ _.Ji.\_\,_~,,.../_,;z_ ‘T’ 7;O "_ NUMBER _-Z3.1‘ Donna Donavant, Notary Public ‘L 7083968 ." ('3 ;‘ My commission expires 131/2023 41,’O ._ ._-‘Q\?~,:~ /1 0 We, the undersigned Officersof SureTec insurance Company and Marktei?nslli’ fige?o?i?hy dgiierby certifythat the original POWER OF ATTORNEYof which the foregoing is a full, true and correct copy is stillin fullforce and effect and ha'§-rqt?gegla [eyoR'e‘d. lN WlTNE5SWHEREOF,we have hereunto set our hands, and affixedthe Seals of said Companies, ?n the 27th day of MarCh , 2023 Markel Insurance Company
RichardR. Grinnan, Vice President aridxsecretary
Any instrument issued in excess ofthe penalty stated above istotallyvoidand withoutany vaiidity. 5‘i?l)28_’_ For veri?cation of the authority of this Power you may call(713)812‘—08DDon any business day betw_‘ee_?n 8:30 AMand 5:00 PM CST. /’"“\
‘I 1' 2""; . "*2. _,..3=’~"‘x
By:{/E"A3"~::-.r’i"' \~’I/‘T3 \/\ -—~.,=,g.e<.«-vs‘

Page 67 of 343 ends

CITYOF NORCO

PROPOSAL BIDSHEET
FOR

NORCO ELEMENTARYSCHOOL STORM DRAINPROJECT

ITEM QUANTITY UNIT

DESCRIPTIONOF ITEMS

WITHUNITPRICE WRITTEN

INWORDS
—I 7
LS
LS
Clearing and Grubbing,
Mobilization,NPDES/SWPPP
requirements, (Max 3% of total
base bid) at
Thirty Thousand Dollars
Traffic Control Plans &
Construction Devices, at
Twelve Thousand Two Hundred
Dollars
Per LS
S1:

UNIT

PRICE IN

FIGURES
TOTAL
$12,200.00
$ 30,000.00 $ 30,000.00
Per LS |
$ 12,200.00
1495 LF
Furnish and Install 30” R.C.P.,
Bedding and Backfill per City of
Norco STD. 155, at
Three Hundred Dollars
Linear Foot
Per
$ 300.00 $ 448,500.00
79 LF
Furnish and Install 24” R.C.P.,
Bedding and Backfill per City of
Norco STD. 155, at
Three HundredFi
Linear Foot
Dollars
Per
$ 350.00
T
$ 27,650.00
EA
Furnish and Install Manhole No.
1 per RCFC & WCD STD.

DWG. MH251, at
Seven Thousand Five
Hundred Dollars
Per Each
.'_
$ 7,500.00 $ 37,500.00
P-10
_l

Page 68 of 343 ends

ITEM QUANTITY
:L__
UNIT
EA
L.

DESCRIPTIONOF ITEMS

WITHUNITPRICE WRITTEN

INWORDS
Construct Catch Basin per
RCFC STD. CB100 & Local
Depressions per LD201 Case C,
at
Thirteen Thousand Three Hundred
Dollars
:_?I_
Per Each
UNIT

PRICE IN

FIGURES
$13,300.00
TOTAL
$ 39,900.00
EA
EA
Furnish and Construct 36”x36”
Drainage Inlet per Jensen
Brooks Precast catalog “Brooks
3636 CB” or approved equal, at
Dollars
Per Each
Furnish and Install Manhole No.
4 per RCFC &WCD STD.

DWG. MH254, at
Eleven Thousand Five Hundred
Dollars
Per Each
$ 6,700.00
$ 11,500.00
$ 6,700.00
$ 11,500.00
EA
Furnish and InstallJunction
Structure No. 6, at
Ten Thousand Six Hundred Dollars
Per Each

10. EA
Furnish and InstallJunction
Structure No. 2 per RCFC &
WCD STD. DWG. JS227, at
Six Thousand Five Hundred
Dollars
Per Each
$10,600.00
T
$ 21,200.00
$ 6,500.00
7 $ 6,500.00

11. 67 LF
*4
Furnish and Install 18" R.C.P.,
Bedding and Backfill per City of
Norco STD. 155, at
Two Hundred FiftyDollars
Per
Linear Foot
$ 250.00 $16,750.00
P-11

Page 69 of 343 ends

ITEM

12. QUANTITY
._?__1
UNIT
EA

DESCRIPTIONOF ITEMS

WITHUNITPRICE WRITTEN

INWORDS
Furnish and Install Concrete
Collar per RCFC STD. M803, at
EightHundred Dollars
Per Each
L.

UNIT

PRICE IN

FIGURES
TOTAL
$ 300.00 $ 800.00

13. 14.

15. 372
28 SF
LF
LF
Remove and Replace Existing
Concrete Panels from Joint to
Joint, at FiftyFive Dollars
Per Square Foot
Remove Existing 24” R.C.P.

Storm Drain, at
Three Hundred FortySix Dollars
Per
Linear Foot
Remove Existing 24” C.M.P.

Storm Drain, at
One Hundred Fifty Dollars
Per
Linear Foot
$ 55.00 $ 20.460.00
,_ L
$ 346.00 $ 9,688.00
l
$15o_oo $ 4,650.00

16. 17.
5900
5632
SF
Remove and Replace Existing
AC/AB, includes trench backfill
at
Eight Dollars
Per
Square Foot
$ 3_oo $ 47,200.00
SF
Remove Existing AC/AB
pavement, at
Ten Dollars
Per
Square Foot
$1o_oo $ 56,320.00
P-12

Page 70 of 343 ends

ITEM

18. 19.

QUANTITY
195
UNIT
LF

TEE DESCRIPTIONOF ITEMS

WITHUNITPRICE WRITTEN

IN WORDS
Re-Striping Center Lane after
pavement repair per Caltrans
STD. A20B, Detail 31, at
Two Dollars
Per
Linear Foot
UNIT

PRICE IN

LI-TIGURES
1 *1
$ 2.00
]_____ .

TOTAL
$ 390.00
456 LF
Construct 6” Curb and Gutter
type “C”per City of Norco STD.

DWG. 200, at
One Hundred Four Dollars
Per
Linear Foot
$104.00 $ 47,424.00

20. 442 SF
Reconstruct Cross Gutter to
grade per City of Norco STD.

DWG. 225, at
Twenty Seven Dollars
Per
Square Foot
$ 27.00 $11,934.00

21. 5640 SF
Remove and Replace Ex.

Concrete with 7” concrete
paving with #4 bars 18" O.C.
each way, over 4” class 2
aggregate base. Dowel in with
Ex. Rebar. Match Ex. Concrete
at Twenty Six Dollars
Per Square Foot
$ 26.00 $146,640.00

22. 9944 SF
Remove and Replace Existing
?eld surface. Turf type per
specifications, at
Seven Dollars
Per
Square Foot
P-13
$ 7.00
T
$ 69,608.00

Page 71 of 343 ends

l':—j'|' 1

DESCRIPTIONOF ITEMS UNIT T

ITEM QUANTITY UNIT WITHUNITPRICE WRITTEN PRICE IN TOTAL

IN WORDS FIGURES
Sawcut and Join, at
I I
FiftyNine Dollars

23. 88 LF $ 59.00 $ 5,192.00
Per
Linear Foot
Add School Crossing striping F
per Caltrans STD. A24D, at

24. 2 EA Nine Hundred EightyDollars $ 930.00 $1960.00
Per Each
Square Foot | Remove and Replace existing
—1 —l—
Construct 0.33’ A.C. pavement
over 0.50’ Class-2 A.B., at

25. 8218 SF Twelve D°"arS $12.00 $ 98,616.00
Per
trail fence per City of Norco Std.

No. 706, at 26' 40 LF Ninety Seven Dollars $ 97.00 $ 3,880.00 Per Each
Remove Existing Curb, at
Eighty Five Dollars

27. 140 LF $ 85.00 $1 11900-00
Per
Linear Foot
Transition from 6” curb to 0” |
curb, at
28- 35 LF Seventy One Dollars $ 71.00 $ 2,485.00
Per
Linear Foot _l
P-14

Page 72 of 343 ends

ITEM

29. QUANTITY
t___t______ 4.
331
UNIT
LF

DESCRIPTIONOF ITEMS

WITHUNITPRICE WRITTEN

INWORDS
Re-Striping Edgeline after
pavement repair per Caltrans
STD. A20B, Detail 27B, at
One Dollar
Per
Linear Foot
J.

UNIT

PRICE IN

FIGURES
$1.00
TOTAL
$331.00
i_

30. LS
Replace disturbed striping with
4” thermoplastic white stripes, at
One Thousand Forty Dollars
Per Each
$1,040.00
J.
$ 1,040.00
LS Eight Thousand Five Hundred Dollars
Remove and replace fence and
gate, at
Per Each
$ 8,500.00 $ 3,500.00

32. __L
445 SF

BASE BID TOTAL AMOUNT
§ 1,212,313.00

BASE BID TOTAL AMOUNT IN WORDS
Remove existing Cross Gutter,
at Eleven Dollars
Per
Square Foot
$11.00 $ 4,895.00
One MillionTwo Hundred Twelve Thousand Three HundredThirteen Dollars and Zero Cents March 30th, 2023
Dated 36-
KirtleyConstruction Inc. dba, TK Construction
9

Page 73 of 343 ends

NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.

INWITNESSWHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 30th day of March ,2Q23.

BIDDER
A notary public or other of?cer completing this certificate veri?es only the identity of the individualwho signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.

E OF CALIFORNIA )
) ss. *See Attached Jurat*

COUNTY OF )
Subscribed and sworn to (or affirmed) before
by
me on the basis of satisfactory evidence to be the person(s) who app day of ______, 20_,
, proved to
efore me.

Seal Signature:

AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.

By
Title
P-16

Page 74 of 343 ends

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENTCODE § 8202 ‘T ‘ ~:‘i‘-.‘-«« "1.-32-r‘-t-¢.' -
'
' ‘ ‘
‘
' “ ' '
’ ’ '
‘ L. LIL:
' ,1": §£§a§*€§i§‘r§§§»§.15J'§fv’f‘¢
8 See Attached Document (Notary to cross out lines 1-6 below) El See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Anotarypublic or other officercompletingthis certificateverifiesonlythe identityofthe individualwho signed the document to whichthis certificateis attached, and not the truthfulness,accuracy, or validityof that document.

State of California Subscribed and sworn to (or af?rmed) before me County of San Bernardino on this 30th day of March , 2o 23 , by Date Month Year (1) Trgy Kirtley
we: RAEHATTER (and (2) Patricia Kir”eY ). Notary Public- California ' 2 N f S‘
‘ SanBernardinoCounty g
ame(s) O lgneds)
"
' Commission8 2397814 - - -
- - MycommExpiresM 20'2026 proved to me on the basis of satisfactory evidence to be the person( lwh d efore me.
//
Signature of Notary Public
Signature
Place Notary Seal and/or Stamp Above

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:
©2017 National Notary Association

Page 75 of 343 ends

CA-1

CITY OF NORCO
MDP LINE S-2 STORM DRAIN PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 3rd day of May, 2023 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Kirtley Construction, Inc., dba TK Construction a corporation with its principal place of business at P.O. Box 9608, San Bernardino, CA 92427 (hereinafter referred to as “Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Norco Elementary School Storm Drain Project on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in constructing storm drain and street improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Norco Elementary School Storm Drain Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

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3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Troy Kirtley– President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall

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perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury

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$10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.

(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.

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(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and

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procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City.

If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and

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Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Kirtley Construction, Inc., dba TK Construction
P.O. Box 9608
San Bernardino, CA 92427
Attention: Troy Kirtley – President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply

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regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,

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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written

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approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Name of Contractor: Kirtley Construction, Inc. dba TK
Construction
*By:
________________________________________________
Signature
________________________________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST
BE NOTARIZED.

OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Robin Grundmeyer, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Colin Burns, City Attorney

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EXHIBIT A
Scope of Norco Elementary School Storm Drain Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of approximately 1641 linear feet of varying size RCP storm drain pipe along with lateral pipes, manholes, and catch basins. The storm drain will be located within Temescal Avenue, Norco Elementary School, and will be connected to the MDP Line SA storm drain. The project also includes street improvements on Temescal Avenue including curb and gutter, street striping, asphalt work, and related work to the satisfaction and acceptance of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

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EXHIBIT B
Proposal Document

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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

NORCO ELEMENTARY SCHOOL STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of approximately 1641 linear feet of varying size RCP storm drain pipe along with lateral pipes, manholes, and catch basins.

The storm drain will be located within Temescal Avenue, Norco Elementary School, and will be connected to the MDP Line SA storm drain. The project also includes street improvements on Temescal Avenue including curb and gutter, street striping, asphalt work, and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on

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his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2023.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

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The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me,

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______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-19

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

NORCO ELEMENTARY SCHOOL STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of approximately 1641 linear feet of varying size RCP storm drain pipe along with lateral pipes, manholes, and catch basins.

The storm drain will be located within Temescal Avenue, Norco Elementary School, and will be connected to the MDP Line SA storm drain. The project also includes street improvements on Temescal Avenue including curb and gutter, street striping, asphalt work, and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to

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pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2023.

PRINCIPAL/CONTRACTOR:

_____________________________________

By: __________________________________
SURETY:

_____________________________________
By: __________________________________
Attorney-in-Fact

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The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________

_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________

_______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.

_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-23

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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CA-24

9. Description of Project:

NORCO ELEMENTARY SCHOOL STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of approximately 1641 linear feet of varying size RCP storm drain pipe along with lateral pipes, manholes, and catch basins.

The storm drain will be located within Temescal Avenue, Norco Elementary School, and will be connected to the MDP Line SA storm drain. The project also includes street improvements on Temescal Avenue including curb and gutter, street striping, asphalt work, and related work to the satisfaction and acceptance of the City Engineer.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or

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(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

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CA-27

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this

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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________

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CA-30
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

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CA-32

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CA-33

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CA-34

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CA-35

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.G.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
2023 City Council Review on Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
RECOMMENDATION:

The the City Council concur with the Planning Commission recommendations in response to the annual review of Chapter 18.68 relating to detached accessory buildings.

SUMMARY:

In 2017, Chapter 18.68 – “Accessory Building Use Permits” was adopted into the Norco Municipal Code (NMC), establishing an application and review process (Planning Commission approval is required), and establishing regulations for accessory buildings on properties zoned for residential uses. Review of the adopted regulations is required to update the regulations as needed based on implementation issues.

BACKGROUND:

Review of the Accessory Building Ordinance (Chapter 18.68) has been occurring every year since its adoption in 2017, and revisions have occurred in response to any matters/challenges that have surfaced along the way.

Attached for the City Council's review is Exhibit "A" - Chapter 18.6, which has been updated/amended following its adoption in 2017. The first revision in 2018 changed the mailing radius boundary to be 300 feet or to the distance needed to reach at least 25 property owners, the maximum size of a restroom was set at 50 square feet, and buildings 240 square feet or smaller and not higher than 14 feet were made exempt from having to go to the Planning Commission for review (but still require a building permit if over 120 square feet). In 2019, a revision established the maximum allowed height of an RV garage at 18 feet regardless of the height of the associated residential structure. In addition, the definition for the building height was revised to read, “Building height is the vertical distance measured from finished floor to the highest point of the roof measured from the

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front (primary entry whether for vehicle or person) of the building.” There were no changes in 2020, 2021 or 2022.

Review of the ordinance on a yearly basis typically consists of: a list of accessory buildings approved in a prior year, and a discussion on any issues resulting from the ordinance that may warrant amendments.

Approved Accessory Buildings in 2022:

The following accessory buildings were approved in 2022:

CASE NO.

TYPE:

Large Vehicle; Large Animal;
Other

OUTCOME
Site Plan 2022-02 Large Vehicle Approved (8/10/22)
Site Plan 2022-03 Large Vehicle Approved (5/11/22)
Site Plan 2022-04 Large Animal Approved (5/11/22)
Site Plan 2022-05 Large Vehicle Approved (5/11/22)
Site Plan 2022-07 Large Vehicle Approved (9/14/22)
Site Plan 2022-08 Large Animal Approved (7/13/22)
Site Plan 2022-10 Large Vehicle
Approved (9/14/22)
Site Plan 2022-11 Large Vehicle Approved (8/10/22)
Site Plan 2022-14 Large Vehicle Approved (10/12/22)
The last review on the subject ordinance was in April 2022, where there was discussion on concerns brought on by property owners relating to size restrictions, graduated setback restrictions, the cost to process an application, etc, however, both Planning Commission and the City Council agreed that no changes to the ordinance were warranted at that time.

For 2023, the following issues were discussed with the Planning Commission on March 8, 2023 as a part of the annual review of the Accessory Building Ordinance:
• Large Vehicle Buildings: The Planning Commission requested clarification on the intended design behind allowing a Large Vehicle Parking Building (Recreational and Agricultural Vehicles - Section 18.68.20) with a:
• maximum wall height of 16 feet, maximum overall height of 18 feet to the peak, and a maximum allowed size of 1,000 square feet, AND
• allowing an additional 400 square feet (for other uses) with a maximum wall height of 8 feet maximum overall building height of 14 feet (total combined square feet of 1,400 square feet).

The design that was envisioned with this provision was a large 1,000 square-foot building with an attached 400 square foot "lean to" building on one side. However this specific design was not codified. Creative designs have been presented and approved in the past where the allowed 1,000 square-foot building is not entirely at 18 feet tall, but that varies in height all the way down to 10-14 feet. The Lower height sometimes gives the appearance that the additional 400 square feet provision is exceeded, however, the total allowed square footage of 1,400 is not (Attached Exhibit "B" provided examples of creative designs that were presented at the Planning

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Commission on March 8, 2023). One of the primary reasons for adopting the subject ordinance was to limit the size of large obtrusive buildings. Staff recommended that creative designs that actually lower the height of the building below 18 feet be encouraged, provided the overall allowed square footage is not exceeded. The Planning Commission agreed that creative building designs are fine as long as they meet the established criteria. To clarify this allowance, they agreed that a code amendment was necessary to Section 18.68.20 so that the additional 400 square foot allowance is not interpreted to only allow an attached "lean to" building. • Storage containers. There is provision in Chapter 15.02 -"Building Code" of the NMC for use of metal storage/cargo containers for accessory buildings with the approval of a Conditional use permit (CUP), and are subject to the zoning criteria as they pertain to accessory buildings. By default, the criteria that would be applied is the criteria found in Chapter 18.68. In this chapter buildings 240 square feet or smaller and not higher than 14 feet are exempt from having to go to the Planning Commission for review, but still require a building permit if over 120 square feet.

However, this does not currently apply to cargo containers since the more restrictive requirement of a CUP applies. Realizing the convenience of these air tight containers for items such as tack and feed storage, staff recommended that the code be amended to also exempt residential cargo containers from the requirement of a CUP and planning Commission review, but still require a building permit, provided they are 240 square feet or smaller, no taller then 10 feet, include architectural articulation, and that only one cargo container be allowed for every half acre (or as determined necessary), with a maximum of 4 on any given property. Larger containers would still require the discretionary approval of a CUP.

The Planning Commission agreed with staff's recommendation that the code be amended to exempt residential cargo containers from the requirement of a CUP and planning Commission review, but still require a building permit. Further discussion on the design criteria and how many, would be when a formal code amendment is brought forward.

The recommendations provided above are part of the required annual review of the Accessory Building Ordinance/Chapter 18.68. Formal amendments to the NMC will follow based on recommendations noted above per the required annual review.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney

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ATTACHMENT(S):

Exhibit A
Exhibit B - PowerPoint Accessory Use Regulation Review

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

Page 1 ends

The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021.

Chapter 18.68

ACCESSORY BUILDING USE PERMITS
Sections:

18.68.02 Intent and Purpose.

18.68.04 Initiation.

18.68.06 Application.

18.68.08 Investigation of Application for an Accessory Building Use Permit.

18.68.10 Concurrent Procedures.

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

18.68.16 Conditions of Approval.

18.68.18 Force of Conditions of Approval.

18.68.20 Size, Layout, and Design of Accessory Buildings.

18.68.22 Variance from Allowed Sizes.

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

18.68.26 Administration of Accessory Building Use Permits.

18.68.28 Reapplication for Accessory Building Use Permit.

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

18.68.32 Biannual Review of Accessory Building Regulations.

18.68.34 Training for Implementation of Accessory Building Regulations.

18.68.02 Intent and Purpose.

It is hereby found and declared that the City of Norco lies in a natural setting of rural, scenic and historical beauty; that this rural environment generates a strong characteristic for development of Norco as a new equestrian focal point in Southern California; that this unique rural environment and historically significant location contribute a material economic advantage to the citizens, business, and industry within the City and particularly to the property owners who reside therein; and that development in an orderly manner with compatible uses and appearances of structures within and between zones and with the natural rural environment is necessary to maintain such historic and economic advantage, to stabilize, protect, and maintain property values, and to encourage permanence of desirable residential areas.

The purpose of the accessory building use permit is to review the location, architectural design, and/or conduct of certain land uses associated with accessory buildings in residential and agricultural zones. Accessory buildings and their associated uses can have a unique and distinct impact on the area and surrounding properties in which they are located, and thus require special review and conditions as needed. An accessory building use permit may be granted at the discretion of the Planning Commission, or City Council on appeal, whichever is the approving body, and is not the automatic right of any applicant.

Accessory buildings that are 240 square feet or smaller and not higher than 14 feet are exempt from having to be reviewed by the Planning Commission prior to the issuance of a building permit. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.04 Initiation.

An accessory building use permit may be initiated by the owner or owners (or their authorized agents) of property in the City, only where the proposed use is specifically authorized by the zoning that applies to the subject property. (Ord. 1019 Sec. 1, 2017)

18.68.06 Application.

Application for an accessory building use permit shall be made on a form provided by the Planning Department, and shall be accompanied by the following:

EXHIBIT "A"

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (1) The name and address of the applicant; evidence that the applicant is the owner of the parcel or premises involved, or that there is permission from the owner to make such application, including a legal description of the subject parcel or premises.
(2) An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be nonrefundable. (3) Nine copies of a site plan, containing all the information required by Section 18.40.08 (Content of a Site Plan) using the terms and criteria of said chapter as modified in the accessory building use permit review application.
(4) Such other information as the Planning Commission or City Council may require, that could include, but not limited to, engineering studies for grading and drainage, architectural plans for consistency with the primary dwelling, etc.
(5) Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of their application. Submission of inaccurate plans, legal descriptions, application requirements, and other information may be cause for invalidation of all actions regarding this petition. (6) Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto. (Ord. 1019 Sec. 1, 2017)

18.68.08 Investigation of Application for an Accessory Building Use Permit.

The Commission shall cause to be made such investigation of facts bearing on the application for an accessory building use permit as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.10 Concurrent Procedures.

In considering the accessory building use permit application, the Commission, and Council on appeal, shall review the proposed plans pursuant to Chapter 18.40 (Site Plan Review), using the terms and criteria of said chapter as modified in the accessory building use permit review application. (Ord. 1019 Sec. 1, 2017)

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

Not less than 10 days prior to the decision date by the Planning Commission (or the City Council on appeal), the City shall mail notices of the proposed accessory building use to all property owners as shown on the last equalized assessment rolls within a 300-foot radius, or to the radius needed to reach 25 properties, of the property boundaries of the proposed accessory building site. Appeals on the accessory building use permit application shall be noticed similarly. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

Before an accessory building use permit may be granted the approving body shall make a finding from the evidence as submitted, that the following conditions exist in reference to the property being considered:
(1) The requested accessory building use permit is consistent with the General Plan and zoning requirements of the zone in which the property in question is located including the protection of adequate open animal areas on lots where the keeping of large animals is permitted.
(2) The requested accessory building use permit will not have an adverse effect on the public convenience or general welfare of persons residing or working in the neighborhood thereof and will not adversely affect adjoining land uses including runoff and drainage impacts and architectural compatibility. (Ord. 1019 Sec. 1, 2017)

18.68.16 Conditions of Approval.

In the granting of an accessory building use permit conditions may be included to which the building or the lot or parcel where it is approved may be used, or the building constructed or altered, with requirements that can include but not be limited to use, architecture, height of building, open spaces, on-site parking and access areas, and

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. conditions of operation that the approving body may consider necessary to prevent damage or prejudice to adjacent properties, and/or detriment to the welfare of the community. (Ord. 1019 Sec. 1, 2017)

18.68.18 Force of Conditions of Approval.

Any restrictions or conditions required by the approving body or other approving body on appeal in the granting of an accessory building use permit under the provisions of this chapter must be complied with. If such conditions or requirements are not met, the Planning Commission shall hold a hearing in the manner as set forth in Chapter 18.46 (Revocation and Expiration of Permits and Variances).
(1) Upon revocation, further use or maintenance of the building authorized by the accessory building use permit shall constitute a violation of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.20 Size, Layout, and Design of Accessory Buildings. (1) Large Vehicle Parking Building (Recreational and Agricultural Vehicles). (a) Maximum height: 16 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.
(b) Maximum allowed size: 1,000 square feet.

Additional allowed square footage for other accessory building use:

Size: 400 square feet at the following maximum allowed heights.

Height: Maximum height at eave: eight feet; maximum building height: 14 feet. (c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review. (i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any RV dump, interior floor drainage, and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include an RV dump, interior floor drainage, or restroom without prior connection (including fees) to the City sewer system. (2) Animal-Keeping Shelters for Large Animals (Animals Counted as an “Animal Unit”).

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (a) Maximum height: 10 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.
(b) Maximum allowed size: equal to the allowed number of animal units (AUs) on the subject property multiplied by 225 square feet, plus an additional 225 square feet for every five AUs allowed for tack and feed storage.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for function.
(g) The only allowed interior wall separations are for stall enclosures, the separate tack and feed rooms, and for the washroom/restroom.
(h) No roll-up garage doors are allowed.
(i) Buildings shall include open ventilation areas and any windows that are below eight feet measured from the floor to the bottom of the window frame shall not include glass, acrylic, or other type of window pane/cover that can shatter.
(j) There shall be no electrical outlets within wall enclosures to keep animals. Any outlets shall only be located in a breezeway, tack or feed room, or in the washroom/restroom. Interior lights shall only be located on the ceiling or hanging not lower than 10 feet measured from the floor. (k) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.
(3) All Other Accessory Buildings (Includes Animal-Keeping Shelters for Small Animals). (a) Maximum height: eight feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the building peak is 14 feet. (b) Maximum allowed size: the lesser of 864 square feet or one-third the square footage of the primary dwelling footprint.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review. (i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.

Exhibit 18.68.20-1, Graduated Setback Requirement
(Ord. 1052 Sec. 1, 2019; Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.22 Variance from Allowed Sizes.

Notwithstanding whether the proposed structure is equal to or less than the maximum square footage, all findings contained in Section 18.68.14 must be made. Any proposed structure larger than the maximum allowed may only be requested as a variance pursuant to Chapter 18.44 and the findings required by Section 18.44.16 must be made; that is, because of special circumstances, applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of Section 18.68.20 deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1019 Sec. 1, 2017)

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

Any appeals on the actions taken regarding an accessory building use permit application shall be held and governed by the provisions of Chapter 18.43 (Hearings and Appeals Therefrom). (Ord. 1019 Sec. 1, 2017)

18.68.26 Administration of Accessory Building Use Permits. (1) All acts under this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this chapter or map.

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (2) The site plan submitted with an application, together with the conditions, if any required by the approving body, shall be kept on file in the office of the Planning Director and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original site plan, said plan shall be referred to the approving body for action under the procedures of this chapter. No modifications to the conditions of the original approval granting the accessory building use permit shall be permitted without approval of the original approving body. In case of such a review, a new application, filing fee and procedure may be required. (3) A copy of the approved site plan, together with the conditions, if any required by the approving body, shall be recorded with the Riverside County Recorder’s Office prior to the issuance of a building permit. (4) All accessory buildings approved with an accessory building use permit shall be subject to immediate inspection by City officials upon a 24-hour notice to the resident to ensure that no unauthorized use or code violation is occurring pursuant to the approved permit. The request by City officials for immediate inspection shall only be instigated from valid complaints where evidence suggests that a violation may be occurring. (5) The storage of equipment and/or chemicals shall not be more than what is determined to be a safe level for legal residential use pursuant to applicable State and County regulations. (Ord. 1019 Sec. 1, 2017)

18.68.28 Reapplication for Accessory Building Use Permit.

The City shall not accept for filing nor consider any application for an accessory building use permit on premises for which a similar accessory building use permit application was denied by the City, irrespective of who the applicants are on either application, until 12 consecutive calendar months have expired from the date of the final decision of the City denying the earlier application, unless such final decision was a denial with the grant of the privilege that a similar application may be filed sooner than 12 consecutive months from the date of said decision. (Ord. 1019 Sec. 1, 2017)

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 1019 Sec. 1, 2017)

18.68.32 Biannual Review of Accessory Building Regulations.

A biannual review of the adopted regulations shall be scheduled, including the number of accessory building use permits issued during that time period, to update the regulations as needed based on implementation issues. (Ord. 1019 Sec. 1, 2017)

18.68.34 Training for Implementation of Accessory Building Regulations.

Training of staff and decision-makers involved in the review of accessory building regulations shall occur once the adopted regulations become effective, and shall occur thereafter as revisions to the code may occur from the biannual reviews. (Ord. 1019 Sec. 1, 2017)

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AGENDA ITEM 4.B.

Accessory Building
Regulations Review
PLANNING COMMISSION Exhibit B

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

2.H.

To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Acceptance of the Citywide ADA Project as Complete (Project No. 54300.2) RECOMMENDATION:

Accept the Citywide ADA Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.

SUMMARY:

The scope of work for the Citywide ADA Improvement Project consisted of the removal and replacement of broken and off-grade concrete walkways at both the Wayne Makin Shearer Sports Complex and the Rose M. Eldridge Senior Center. As recommended in the 2021 CASp report, truncated domes were placed at the walkways to the Wayne Makin fields. The ADA snack bar located near Field 4 was constructed to current ADA standards.

The Rose M. Eldridge Senior Center received new ADA ramps, repairs to walkways, and new benches in front of the Senior Garden as seen in Attachment A.

BACKGROUND:

On February 1, 2023, the City Council awarded a contract to CT&T Concrete Paving, Inc. for the Citywide ADA Improvement Project in the amount of $205,000 with City Manager approval for change orders up to 10 percent of the original contract amount. CT&T Concrete Paving, Inc. completed their scope of work for the project at a total cost of $197,200.

The work has been inspected by the Parks Superintendent along with the Facilities and Maintenance Director and found to be in full conformance with the plans and specifications on the contract documents. Staff is recommending that the City Council accept the work performed by CT&T Concrete Paving, Inc. as complete and authorize the City Clerk to record the Notice of Completion with the County Recorder’s Office.

FISCAL IMPACT:

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Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Directive No. 5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Attachment A - Pictures
Notice of Completion_ ADA Project

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Citywide ADA Improvement Project Completed Pictures
May 3, 2023
Wayne Makin Shearer Sports Complex

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Rose M. Eldridge Senior Center

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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

CITYWIDE ADA PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND CT&T CONCRETE PAVING, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 3RD DAY OF MAY, 2023.

THE WORK DONE: CONSISTED OF THE REMOVAL AND REPLACEMENT OF BROKEN AND OFF-GRADE CONCRETE WALKWAYS AT BOTH THE WAYNE MAKIN SHEARER SPORTS COMPLEX AND THE ROSE M. ELDRIDGE SENIOR CENTER, CITY OF NORCO, CALIFORNIA.

THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING FEBRUARY 1, 2023, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY CT&T CONCRETE PAVING, INC, LOCATED IN CORONA, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED FEBRUARY 1, 2023, 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 CONTRACTORS BONDING AND 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.

May 3, 2023
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.

MAY 3, 2023 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:

Discussion and possible action regarding AB 1000 (Reyes) concerning qualifying logistics use projects, also referred to as the Good Neighbor Policy RECOMMENDATION:

Discuss, provide direction to staff regarding future actions, and consider taking action by approving a letter of support or opposition to AB 1000, or other actions regarding this matter as determined by the City Council.

SUMMARY:

At the City Council meeting of April 5, the Council unanimously approved a motion by Councilmember Aleman to agendize AB 1000 for discussion.

This bill by Assembly Member Eloise Gomez-Reyes would prohibit local agencies from approving certain warehouse projects of 100,000 or more square feet within 1,000 feet of a "sensitive receptor", with an exception for these uses within 750 feet if certain air pollution analysis is completed and measures are implemented to reduce air pollution.

BACKGROUND:

AB 1000 (attached) is the latest in a series of legislative proposals introduced by Assembly Member Reyes over the last two years proposing limits on the development of warehouse/logistics buildings adjacent to or in proximity to certain uses. The bill was passed out of the Assembly Committee on Natural Resources on April 17, and is now moving to the Committee on Local Government.

AB 1000 is supported by a variety of public health, environmental preservation, labor, and other community organizations; it is opposed by the building industry associations, chambers of commerce. The bill analysis presented to the Natural Resources Committee, including the list of supporters and opponents, is also attached. CalCities has not taken a position on AB 1000 as of this writing.

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The City of Norco has been considering the potential adverse impacts of large-scale industrial development over the last year. Key concerns from the community have included the size and scale of development relative to Norco's traditional low density, largely single-story development patterns, and the impacts of truck traffic on traffic flows and road infrastructure conditions. In Summer 2022, the City Council approved a moratorium on new industrial projects, and since that time new industrial development standards have been under development with the goal of mitigating the impact of these developments through limitations on building size, building height, and other measures.

The Planning Commission recommended approval of the new standards on April 12, 2023, and these standards are agendized for the City Council's consideration on this same May 3, 2023 agenda.

As the City Council discusses AB 1000, it is helpful to reference the City's 2023 Legislative Platform which was adopted on February 15 (attached). The Platform has Local Control as its "overarching priority". Under this priority, the platform states "retain local control over all land use decision-making", "oppose any actions that seek to reduce city authority and/or increase state authority over operations of our cities", and "support the home rule authority of charter cities".

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This 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: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Legislative Platform 2023
Bill Text - AB-1000
AB 1000 Bill Analysis - Assembly Natural Resources Committee

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Exhibit A
City of Norco 2023 Legislative Platform

1. Overarching Priority: Local Control
a. Retain local control over all land use decision-making. b. Retain control of local revenues and how revenues are obtained and expended at the local level.
c. Advocate for equitable distribution of online sales taxes. d. Oppose any actions that seek to reduce city authority and/or increase state authority over operations of our cities.
e. Support the home rule authority of charter cities.

2. Public Health, Safety, and Wellness
a. Advocate for funds to support full undergrounding of the Riverside Transmission Reliability Project (RTRP), and oppose all efforts for RTRP construction of above ground high-voltage power lines.
b. Support collaborative efforts to provide services, shelter, and housing for homeless neighbors; advocate for federal and state funding for these programs.
c. Support public safety programs and funding for police, fire, and animal control services.
d. Advocate for the closure of the California Rehabilitation Center Norco (CRC) and adaptive reuse of the Norconian Hotel and Resort property. e. Support legislation that protects working animals, and promotes the use of working animals.
f. Strengthen traffic safety laws; promote driver education and traffic calming measures.

3. Human Capital
a. Oppose state measures and mandates that increase personnel salary, benefits, and other related costs to cities.

4. Economic Development and Financial Stability.
a. Support the development and operation of the Navy’s Technology Bridge in Norco.
b. Advocate for funding for adaptive reuse and/or historic preservation; seek the expansion of the Norconian’s designation on the National Register of Historic Places to include the entire Norconian District.
c. Support measures that promote local economic development and give cities flexible economic development tools.
d. Oppose unfunded mandates.
e. Advocate for state funds to help meet the state’s affordable and workforce housing mandates.

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City of Norco 2023 Legislative Platform

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5. Communication and Stakeholder Experience
a. Support measures that encourage small farms and agricultural activities. b. Advocate for the equestrian and animal-keeping lifestyles; oppose any measures that would adversely impact these lifestyles.

6. Infrastructure and Asset Management
a. Support measures to secure water resources and enhance water supply b. Advocate for funds to support recycled water infrastructure. c. Oppose any diversion of existing funding sources for street and other infrastructure maintenance.
d. Advocate for funding towards demolition and remediation for the former State sewer plant that was used by CRC, and transfer of the site (once clean) to the City for open space

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SHARE THIS: Date Published: 03/30/2023 09:00 PM
ASSEMBLY BILL NO. 1000
AB-1000 Qualifying logistics use projects. (2023-2024)
AMENDED IN ASSEMBLY MARCH 30, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Reyes
February 15, 2023
An act to amend Section 65580 of add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
AB 1000, as amended, Reyes. Land use: housing. Qualifying logistics use projects. (1) Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.

This bill would prohibit a local agency from approving the development or expansion of any qualifying logistics use, as defined, within 1,000 feet of sensitive receptors, as defined, except as provided. The bill would authorize a local agency to approve the development or expansion of a qualifying logistics use greater than 750 feet from a sensitive receptor and within 1,000 feet of a sensitive receptor only if the local agency takes certain actions, including, among other things, conducting a cumulative analysis of the air quality impacts of the warehouse development project, as specified. The bill would require a local agency, upon receipt of an application for a warehouse development project, to take certain actions, including posting information on its internet website that is easily accessible and easily understandable by the public, as specified.

The bill would require the lead agency to conduct at least one scoping meeting at a location within one mile of the project site, except as provided. At the scoping meeting, the bill would require the lead agency to provide a description of the project and any information known about the project’s potential environmental impacts and take public comments regarding potential environmental impacts of the project, as specified. In a meeting in which a warehouse development project is being considered, the bill would require the lead agency, upon request, to provide translation services in a requested threshold language.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

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By modifying and increasing the duties of local agencies with regard to qualifying logistics use projects, the bill would impose a state-mandated local program.

The bill would authorize an individual affected by a violation of these provisions or the Attorney General to bring an action to enjoin a violation of the provisions of this bill. (2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law declares the importance of, and general responsibility for, making housing available and affordable for all Californians.

This bill would make nonsubstantive changes to those provisions.

Vote: majority Appropriation: no Fiscal Committee: noyes Local Program: noyes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 2.8 (commencing with Section 65098) is added to Division 1 of Title 7 of the Government Code, to read:

CHAPTER 2.8. The Good Neighbor Policy
65098. This chapter shall be known, and may be cited, as “The Good Neighbor Policy.” 65098.1. For purposes of this chapter:
(a) “Development or expansion of any qualifying logistics use” means any of the following:
(1) The development of any qualifying logistics use.
(2) The expansion of any existing qualifying logistics use. (3) The expansion of any existing logistics use, where the logistics use after the expansion would be a qualifying logistics use.
(b) “Local agency” means a city, including a charter city, county, or a city and county. (c) “Qualifying logistics use” means any logistics use with 100,000 or more square feet of building space, including, but not limited to, warehouses.
(d) “Sensitive receptors” means one or more of the following:
(1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, retirement home, or shelter.
(2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3) A daycare facility, including, but not limited to, in-home daycare. (4) A health care facility, including, but not limited to, any hospital, medical clinic, community clinic, medical center, nursing home, long-term care facility, hospice, convalescent facility, or similar live-in housing. (5) A community center.
(6) An established community place of worship.
(7) An incarceration facility, including, but not limited to, a prison or jail. (8) A public playground, public recreation fielPage 138 of 343 d, or public recreation center. 65098.3. (a) A local agency shall not approve the development or expansion of any qualifying logistics use that is within 1,000 feet of a sensitive receptor except as provided in subdivision (b). (b) A local agency may approve the development or expansion of a qualifying logistics use that is greater than 750 feet from and within 1,000 feet of a sensitive receptor only if the local agency does all of the following:
(1) Conducts a cumulative analysis of the air quality impacts of the warehouse development project, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds. When developing the analysis, the local agency shall identify actions to address cumulative warehouse impacts, including emissions and health risk analyses, as well as develop mitigation plans that include quantifiable reductions in pollution and incorporate cumulative impacts. (2) Requires all heavy-duty vehicles domiciled onsite to be model year 2014 or later from the start of operations and shall expedite a transition to zero emission vehicles, with the fleet fully zero emission by December 31, 2025, or when commercially available for the intended application, whichever date is later. (A) For the purposes of this subdivision, a zero-emission vehicle shall ordinarily be considered commercially available if the vehicle is capable of serving the intended purpose and is included in the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP). (B) The local agency shall be responsible for the final determination of commercial availability based on all the facts and circumstances at the time the determination is made. A local agency shall not determine that those vehicles are commercially unavailable unless the operator submits documentation from a minimum of three electric vehicle dealers identified on HVIP’s internet website demonstrating the inability to obtain the required electric vehicles or equipment needed within six months. (3) Requires owners, operators, or tenants of the qualifying facilities to utilize a clean fleet of light- and medium-duty vehicles as part of business operations. For any light- or medium-duty vehicle domiciled onsite, all of the following “clean fleet” requirements apply:
(A) Thirty-three percent of the fleet shall be zero-emission vehicles at start of operations. (B) Sixty-five percent of the fleet shall be zero-emission vehicles by December 31, 2024. (C) Eighty percent of the fleet will be zero-emission vehicles by December 31, 2026. (D) One hundred percent of the fleet will be zero-emission vehicles by December 31, 2028. (4) Requires all onsite equipment used at the warehouse to be zero emission with the necessary charging or fueling stations provided.
(5) Requires all off-road construction equipment used for the warehouse development project to be zero emission, where available, or hybrid electric-diesel and all diesel-fueled off-road construction equipment to be equipped with State Air Resources Board Tier 4 engines compliant with the standards set forth in Article 4 (commencing with Section 2420) of Chapter 9 of Division 3 of Title 13 of the California Code of Regulations as written on January 1, 2023.
(6) Requires zero-emission truck charging or fueling stations proportional to the number of dock doors at the project, running conduit to designated locations for future zero-emission truck charging stations. (7) Requires constructing electric plugs for electric transport refrigeration units at every dock door and requires truck operators with transport refrigeration units to use the electric plugs when at loading docks. An owner of a facility is exempt from the requirements of this subdivision if the owner records a covenant on the title of the underlying property that ensures the property shall not be used to provide refrigerated warehouse space. (8) Requires installation of solar photovoltaic systems and companion battery storage on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers and designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible. (9) Prohibits trucks onsite from idling for more than three minutes and requires operators to turn off an engine when not in use.

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(10) Prohibits the idling of heavy construction equipment for more than five minutes. 65098.5. Upon receipt of an application for a warehouse development project, a local agency shall do all of the following:
(a) Post information on its internet website that is easily accessible and easily understandable by the public regarding both of the following:
(1) The project, including a complete and accurate project description, maps, and drawings of the project design.
(2) The process by which interested members of the public can provide comments and input regarding the project.
(b) Mail or cause to be delivered a notice with a brief description of the warehouse development project and instructions to obtain information posted pursuant to subdivision (a) to both of the following:
(1) All owners and occupants of properties located within 1,000 feet of the project site. (2) All schools located within two miles of the project site. (c) Provide the information and notices required pursuant to this section in English and all threshold languages. 65098.7. (a) The lead agency shall conduct at least one scoping meeting at a location within one mile of the project site except as provided in subdivision (b).
(b) If the lead agency makes a good faith effort and is unable to secure a location for the scoping meeting within one mile of the project site, the lead agency may hold the meeting at another location that meets both of the following requirements:
(1) The meeting location is readily accessible to residents of disadvantaged communities located within onehalf of one mile of the project site. (2) If feasible, the meeting location is located within one-half of one mile of a transit stop. (c) If the scoping meeting is held on a weekday, the scoping meeting shall be held between the hours of 5 p.m. and 8 p.m.
(d) At the scoping meeting, the lead agency shall do both of the following:
(1) Provide a description of the project and any information known about the project’s potential environmental impacts.
(2) Take public comments regarding potential environmental impacts of the project, including any social and economic impacts related to a direct or indirect physical change caused by the project, project alternatives, and mitigation measures that would avoid or reduce any potentially significant environmental impacts. (e) In a meeting in which a warehouse development project is being considered, the public agency, upon request, shall provide translation services in a requested threshold language. 65098.9. An individual affected by a violation of this chapter or the Attorney General may bring an action to enjoin a violation of this chapter.

SEC. 2. The Legislature finds and declares that Section 1 of this act adding Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 65580 of the Government Code is amended to read:

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65580.The Legislature finds and declares as follows:
(a)The availability of housing is of vital statewide importance and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. (b)The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.
(c)Providing housing that is affordable to low- and moderate-income households requires the cooperation of all levels of government.
(d)Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.
(e)The Legislature recognizes that, in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. (f)Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality’s housing need for all income levels is essential to achieving the state’s housing goals and the purposes of this article.

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AB 1000

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Date of Hearing: April 17, 2023

ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Luz Rivas, Chair
AB 1000 (Reyes) – As Amended March 30, 2023
SUBJECT: Qualifying logistics use projects
SUMMARY: Prohibits local agency approval of a “qualifying logistics use” (e.g., a warehouse of 100,000 or more square feet) within 1,000 feet of a sensitive receptor, as defined, except that a local agency may approve a qualifying logistics use between 750 and 1,000 feet from a sensitive receptor if the local agency conducts specified air pollution analysis and imposes specified measures to reduce air pollution.

EXISTING LAW:
1) Allows a city or a county to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws” (Article XI, Section 7, of the California Constitution). It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public, including land use authority. 2) The California Environmental Quality Act (CEQA) requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA. (Public Resources Code 21000, et seq.) THIS BILL:
1) Prohibits a local agency from approving the development or expansion of any qualifying logistics use that is within 1,000 feet of a sensitive receptor except that local agency may approve such development or expansion that is greater than 750 feet from and within 1,000 feet of a sensitive receptor only if the local agency does all of the following:
a) Conducts a cumulative analysis of the air quality impacts of the warehouse development project, as specified, and identifies actions and develops mitigation plans to address cumulative warehouse impacts.
b) Requires all heavy-duty vehicles domiciled onsite to be model year 2014 or later from the start of operations and shall expedite a transition to zero emission vehicles (ZEV), with the fleet fully ZEV by December 31, 2025, or when commercially available, as specified, for the intended application, whichever date is later.
c) Requires owners, operators, or tenants of the qualifying facilities to utilize a clean fleet of light- and medium-duty vehicles as part of business operations. Requires, for any light- or medium-duty vehicle domiciled onsite, 33% of the fleet to be ZEVs at the start of operations, 65% by 2024, 80% by 2026, and 100% by 2028.

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d) Requires all onsite equipment used at the warehouse to be zero emission with the necessary charging or fueling stations provided.
e) Requires all off-road construction equipment used for the warehouse development project to be zero emission, where available, or hybrid electric-diesel and all diesel-fueled offroad construction equipment to be equipped with Air Resources Board (ARB) Tier 4 engines.
f) Requires zero-emission truck charging or fueling stations proportional to the number of dock doors at the project, running conduit to designated locations for future zeroemission truck charging stations. g) Requires constructing electric plugs for electric transport refrigeration units at every dock door and requires truck operators with transport refrigeration units to use the electric plugs when at loading docks. An owner of a facility is exempt from the requirements of this subdivision if the owner records a covenant on the title of the underlying property that ensures the property shall not be used to provide refrigerated warehouse space. h) Requires installation of solar photovoltaic systems and companion battery storage on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers and designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible. i) Prohibits trucks onsite from idling for more than three minutes and requires operators to turn off an engine when not in use.
j) Prohibits the idling of heavy construction equipment for more than five minutes. 2) For a project subject to the bill, requires a local agency to:
a) Post specified project details and provide specified notices in English and all “threshold” languages.
b) Conduct at least one scoping meeting, as specified, to describe the project and its potential environmental impacts, take public comments, and provide translation services upon request.
3) Authorizes an affected individual or the Attorney General to bring an action to enjoin a violation of the bill.
4) Defines terms for purposes of the bill, including:
a) “Qualifying logistics use” as any logistics use with 100,000 or more square feet of building space, including, but not limited to, warehouses. b) “Sensitive receptors” as one or more of the following:
i) A residence.
ii) A school.

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iii) A daycare.
iv) A health care facility.
v) A community center.
vi) An established community place of worship.
vii)An incarceration facility.
viii) A public playground, public recreation field, or public recreation center.

FISCAL EFFECT: Unknown
COMMENTS:
1) According to the author:

Local governments throughout the Inland Empire have been approving large industrial warehouse projects at a rapid rate over the past twenty years. This has been contributing to declining air quality as there are now 4,000 individual warehouses occupying about 1 billion square feet in the region that generate approximately 600,000 truck trips a day which is equivalent to 50 million pounds of carbon dioxide. While CEQA exists to ensure environmental issues are addressed through the planning process, we are seeing projects be approved that still cause environmental and public health issues to our community. In the community of Bloomington, 6 out of the 8 schools are located within 1,000 feet of a warehouse. This is not sustainable land use for the community.

The Attorney General has sued local governments for failing to meet CEQA and not incorporating mitigation issues when approving warehouse projects. Most recently the City of Fontana in 2021 and the City of Stockton in 2022. The Attorney General has also put out a guidance memo for warehouse development that lists out mitigation measures for developers to consider adopting to align their projects with CEQA. That same memo cites that e-commerce has led to growth in the logistics sector over the past few years and that the Central Valley will likely see a growth in warehouse development over the next few years because of the available land in that area. This is clearly an issue that will continue and requiring additional mitigation measures when these projects are approved is the best way to frontload benefits for communities. A setback is necessary as proximity to pollution is the biggest factor for communities who live near warehouses, mitigation measures ensures that they will be clean if they get sited closer than 1,000 feet.

AB 1000 establishes the Good Neighbor Policy by requiring local governments to have a 1,000 foot buffer zone when siting warehouses over 100,000 square feet next to schools, homes, healthcare facilities, and other sensitive receptors. It would allow warehouses to be sited 750 feet away from sensitive receptors if the project adopts zero-emission vehicles for all classes of vehicles, zero-emission energy to power the facility, zeroemission equipment, and restricts idling and queuing for vehicles & equipment.

We are seeing that warehouses are often sited next to vulnerable communities over the objection of local residents. We have had residents who have had warehouses sited as close as 60 feet away from their homes. There are quality of life issues with having a massive industrial facility that close to homes and schools. It contributes to asthma, heart disease, cancer and other public health issues. ARB and the California Attorney General have recommend 1,000 feet as a buffer zone because it reduces exposure to diesel

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particulate matter by 80%. Warehouses & logistics are a pivotal part of the Inland Empire economy however industry needs to be good neighbors to the community that has to live next to these massive industrial facilities.
2) South Coast Indirect Source Rule (ISR). In 2021, the South Coast Air Quality Management (SCAQMD) adopted the Warehouse ISR, which requires warehouses greater than 100,000 square feet to directly reduce nitrogen oxide (NOx) and diesel particulate matter (PM) emissions, or to otherwise reduce emissions and exposure of these pollutants in nearby communities.

According to SCAQMD, warehouses are a key destination for heavy-duty trucks and have other sources of emissions like cargo handling equipment, all of which contribute to local pollution, including toxic emissions, to the communities that live near them. Emissions from sources associated with warehouses account for almost as much NOx emissions as all the refineries, power plants, and other stationary sources in the South Coast Air Basin combined.

Those living within a half mile of warehouses are more likely to include communities of color, have higher rates of asthma and heart attacks, and a greater environmental burden.

As part of the rule, warehouse operators will need to earn a specified number of points annually. These points can be earned by completing actions from a menu that includes acquiring and using natural gas near-zero and/or zero-emission on-road trucks, zero-emission cargo handling equipment, solar panels, or zero-emission charging and fueling infrastructure and more. As alternatives to the points system, warehouse operators can prepare and implement a custom plan specific to their site or choose to pay a mitigation fee. Funds from mitigation fees will be used to incentivize the purchase of cleaner trucks and charging/fueling infrastructure in communities near the warehouse that paid the mitigation fee. 3) ARB clean truck rules. In 2020, ARB adopted the Advanced Clean Truck (ACT) regulation to accelerate a large-scale transition to zero-emission medium-and heavy-duty vehicles from Class 2b to Class 8. One component of the regulation is a manufacturer sales requirement.

Manufacturers who certify Class 2b-8 chassis or complete vehicles with combustion engines would be required to sell zero-emission trucks as an increasing percentage of their annual California sales from 2024 to 2035. By 2035, zero-emission truck/chassis sales would need to be 55% of Class 2b – 3 truck sales, 75% of Class 4 – 8 straight truck sales, and 40% of truck tractor sales.

To further the transition to a zero-emission fleet, at the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20, which requires 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. EO N-79-20 charges ARB with developing and proposing medium- and heavy-duty vehicle regulations requiring increasing volumes of new zero-emission trucks and buses sold and operated in the state towards that goal. ARB is currently in the process of finalizing the Advanced Clean Fleet (ACF) regulation. ACF, as proposed, requires all Class 2b-8 vehicles sold into California must be ZEVs starting in 2036. 4) Attorney General warehouse guidance, litigation, and settlements. The Office of the Attorney General has adopted a guidance memo titled Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act, last updated September 2022. The memo identifies best practices for avoiding and mitigating

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impacts associated with warehouse development. According to the memo, examples of best practices when siting and designing warehouse facilities include “(p)er (ARB) guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors.” The underlying data the memo cites in support of this recommendation found an 80% drop off in the concentration of diesel particulate matter emissions from distribution centers at approximately 1,000 feet. ARB and SCAQMD analyses indicate that providing a separation of 1,000 feet would substantially reduce diesel PM concentrations and public exposure downwind of a distribution center.

The requirements this bill applies to warehouses sited from 750-1,000 feet of any sensitive receptor appear to be drawn largely from a pre-litigation settlement the Attorney General entered with the City of Stockton in December 2022. While the conditions themselves are similar, implementation differs. For example, the conditions in the Stockton settlement are not direct requirements on either the City or a developer for any particular project. Instead, the Stockton settlement requires City staff to “propose a warehouse ordinance to identify and apply all feasible mitigation measures to qualifying warehouse and distribution facility projects to minimize their potentially significant environmental impacts…In preparing and proposing the warehouse ordinance, City staff shall consider including at minimum the conditions included in Exhibit A.” (i.e., conditions similar to those included in this bill).

Regarding a minimum setback, the Stockton settlement says “(q)ualifying facilities and their associated loading docks must be located no closer than 300 feet from sensitive receptors, and the City staff should consider the public health and safety benefits of requiring a larger buffer, up to 1,000 feet.”
5) How does the bill relate to CEQA? This bill requires processes, analyses, and measures that use CEQA-like terms and appear similar to CEQA. For example, the bill requires an analysis of air quality impacts and a scoping meeting that may otherwise be part of the lead agency’s CEQA process. In addition, some of the measures required by the bill may overlap with measures that could be required to mitigate significant air pollution impacts via the project’s CEQA review. It’s not clear how implementation of these requirements will relate to the lead agency’s CEQA process. Will they be implemented within CEQA, separate from CEQA, or instead of CEQA? If the bill’s requirements are intended to apply separately, and not duplicate or supersede CEQA, the intent should be clarified. 6) ZEV requirements seem aggressive, but may be ineffective at capturing warehouserelated diesel emissions. While the bill proposes ZEV requirements for warehouse vehicles that are far more aggressive than existing and proposed ARB rules, these requirements apply only to vehicles “domiciled onsite.” At the time the project is approved by the lead agency, prior to construction for a new warehouse, there may be no vehicles domiciled onsite. And regardless if the local agency is willing and able to enforce this requirement going forward, many of the trucks coming and going from the warehouse are likely to be domiciled elsewhere, either due to normal commercial practice in the freight industry or the warehouse operator’s intent to evade the ZEV requirements by registering its fleet elsewhere. 7) Why only warehouses? While the growth in new warehouse development, and these projects’ impacts on traffic and air quality, pose unique impacts on surrounding communities, it seems somewhat arbitrary to apply unique procedures and requirements only to warehouses, without regard to the actual impacts of a particular project. Warehouses are by no means the only land use that produces concentrations of vehicle emissions near residential

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areas and other sensitive receptors. There are also many other land uses, such as industry with stationary sources, that may produce even higher intensity air pollution emissions and exposure.
8) Related legislation:

AB 1748 (Ramos), pending in the Assembly Local Government Committee, prohibits local agency approval of a warehouse of 400,000 or more square feet that is adjacent to a sensitive receptor, unless the local agency does either of the following:
a) Imposes a minimum setback of 300 feet from the building’s loading docks measured from the property line of any sensitive receptor.
b) Follows an industrial guideline framework, good neighbor policy, or sustainability ordinance adopted by the local agency, which, in its discretion, adequately balances siting qualifying logistics uses next to sensitive receptors.

AB 2840 (Reyes, 2022) required cities and counties within the Counties of Riverside and San Bernardino to impose setbacks on warehouses of 1,000 feet from sensitive receptors or equivalently protective alternative measures, as specified. AB 2840 was held in the Senate Governance and Finance Committee without a vote.

AB 1547 (Reyes, 2021) prohibited public agencies from siting warehouse developments within 3,000 yards of a sensitive land use. AB 1547 was held in this committee without a hearing.
9) Double referral. This bill has been double-referred to the Assembly Local Government Committee.

REGISTERED SUPPORT / OPPOSITION:

Support
350 Humboldt: Grass Roots Climate Action
American Academy of Pediatrics, California, Chapter 2
American Lung Association in California
Asian Pacific Environmental Network (APEN)
California Climate Action
California Environmental Justice Alliance (CEJA) Action California Environmental Voters
California Nurses Association
California Nurses for Environmental Health and Justice
CalSTART
Center for Community Action & Environmental Justice
Center on Race, Poverty & the Environment
Central California Asthma Collaborative
Cleanearth4kids.org
Climate Action California
Climate Center

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Coalition for Clean Air
Coalition for Humane Immigrant Rights (CHIRLA)
Democratic Club of Claremont
Earthjustice
Flo Services USA
Friends Committee on Legislation of California
Greenlining Institute
Grow Fontana
Inland Congregations United for Change
Just San Bernardino
League of United Latin American Citizens (LULAC) of Riverside Council 3190 Let's Green CA!
Loma Linda University for a Sustainable Future
Natural Resources Defense Council
Physicians for Social Responsibility - San Francisco Bay Area Chapter Pink Panthers
R-now
Redford Conservancy for Southern California Sustainability at Pitzer College Safe Routes Partnership
San Bernardino County Medical Society
Santa Cruz Climate Action Network
Sierra Club California
SistersWe Community Gardening Projects
Union of Concerned Scientists
United Food and Commercial Workers Local 1167
United Food and Commercial Workers, Western States Council Voices for Progress
Western Center on Law & Poverty
Opposition
Anaheim Chamber of Commerce
Antelope Valley Chambers of Commerce
Associated General Contractors
Association of Western Employers
Bay Area Council
BNSF Railway
Brea Chamber of Commerce
Building Industry Association of Southern California
Building Owners and Managers Association of California
California Association for Local Economic Development
California Building Industry Association
California Business Properties Association
California Business Roundtable
California Chamber of Commerce
California Hotel & Lodging Association
California League of Food Producers
California Manufacturers & Technology Association
California Restaurant Association

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California Retailers Association
California Short Line Railroad Association
California State Council of Laborers
California Taxpayers Association
California Trucking Association
Can Manufacturers Institute
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Coalition of California Chambers – Orange County
Corona Chamber of Commerce
District Council of Iron Workers of the State of California and Vicinity Fontana Chamber of Commerce
Fremont Chamber of Commerce
Garden Grove Chamber of Commerce
Greater Coachella Valley Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Riverside Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Industrial Environmental Association
Inland Empire Chamber Alliance
Inland Empire Economic Partnership
Institute of Real Estate Management
La Canada Flintridge Chamber of Commerce
La Verne Chamber of Commerce
Lake Elsinore Valley Chamber of Commerce
Livermore Valley Chamber of Commerce
Los Angeles Area Chamber of Commerce
Los Angeles County Business Federation
Maersk
Murrieta Wildomar Chamber of Commerce
NAIOP of California
Oceanside Chamber of Commerce
Orange County Business Council
Otay Mesa Property Owners Association
Palm Desert Area Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Redondo Beach Chamber of Commerce
Rural County Representatives of California
Sacramento Metropolitan Chamber of Commerce
San Bernardino County
San Juan Capistrano Chamber of Commerce
San Manuel Band of Mission Indians
San Pedro Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Santa Clarita Valley Chamber of Commerce
Santa Maria Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Southern California Leadership Council
Southwest California Legislative Council

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State Building and Construction Trades Council of California The Chamber Newport Beach
Tri County Chamber Alliance
Union Pacific Railroad
United Contractors
Vacaville Chamber of Commerce
Valley Industry and Commerce Association
West Ventura County Business Alliance
Western Growers Association
Western States Petroleum Association
Wine Institute
Yorba Linda Chamber of Commerce
Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

5.B.

To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:

Ordinance1095, First reading: Adding Norco Municipal Code Section 2.27 Establishing a Veterans Commission
RECOMMENDATION:

Adopt Ordinance No. 1095, First Reading: An Ordinance of the City Council of the City of Norco, California, amending the Norco Municipal Code to add Section 2.27 to establish the Veterans Commission.

SUMMARY:

The City Council has previously discussed the history of the George A Ingalls Veterans Memorial Executive Committee, and directed staff to bring back an Ordinance to elevate the status of the Committee to an official City Commission. The proposed Ordinance would create that Commission by adding Section 2.27 to the Norco Municipal Code.

BACKGROUND:

The George A. Ingalls Veterans Memorial Executive Committee (GIVMEC) was originally formed to support the establishment and operations of the George Ingalls Veterans Memorial Plaza. Since the Memorial was authorized by the City Council in December 2013, the Committee has continue to work in support of the George Ingalls Veterans Memorial Subcommittee of the City Council, in furtherance of the mission and to provide programming and education at various events at the Memorial throughout each year.

Mayor Pro Tem Ted Hoffman served as the Chair of the Committee.

At the March 1 City Council meeting, Councilmember Bash asked that a discussion be agendized concerning elevating the GIVMEC to the status of an official City Commission.

At the March 15 City Council meeting, staff presented information and a general outline of how the new Commission might be formed. Following discussion, staff was asked to bring back an Ordinance creating the Commission.

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In accordance with the March 15 discussion, the proposed Ordinance provides for the following:
- Establishes the Commission with the current community members as the initial Commission members, with those members serving staggered terms. In the future, members will be appointed by the City Council.
- Future members must be residents of Norco, or be stakeholders in the veterans' community as determined by the City Council.
- The Commission will review and make recommendations to the City Council and the professional staff concerning the protection and promotion the George A. Ingalls Veterans Memorial Plaza and the interests of the Norco veteran community. The Commission shall provide the City Council with proposals on new concepts, improvements, maintenance, priorities, and events. The Commission shall undertake any other action or activity directed by the City Council.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The establishment of the Veterans Memorial Executive Commission supports Strategic Direction # 4 by further engaging the community in the development and maintenance of the City's Veterans Memorial.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Ordinance No 1095 - Veterans Commission First Reading

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ORDINANCE NO. 1095

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, ADDING CHAPTER 2.27 (VETERANS COMMISSION) TO

THE NORCO MUNICIPAL CODE
WHEREAS, on March 1, 2023, the City Council requested a discussion about establishing a formal City-sponsored Veterans Commission; and WHEREAS, on March 15, 2023, the City Council directed the City Manager to return to a future City Council meeting with a draft Ordinance transitioning the George A.

Ingalls Veterans Memorial Executive Committee (GIVMEC) to a newly-established Veterans Commission.

NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:

SECTION 1: Norco Municipal Code Section 2.27 (Veterans Commission) is hereby added to read as follows:

Chapter 2.27

VETERANS COMMISSION
Sections:

2.27.001 Purpose

2.27.010 Established—Number of Members

2.27.020 Terms of Office

2.27.040 Requirements for Membership

2.27.050 Vacancies

2.27.060 Removal from Office

2.27.070 Organization

2.27.080 Conduct of Meetings

2.27.090 Duties—Limitations on Authority

2.27.100 Records
Section 2.27.001 Purpose.

The purpose of this title is to protect, maintain, and promote the George A. Ingalls Veterans Memorial Plaza and the interests of the Norco veterans’ community.

Section 2.27.010 Established—Number of Members.

There is established for the City a Veterans Commission of two members of the City Council, and at least five members appointed from the community.

Section 2.27.020 Appointment of Members.

The City Council shall appoint Commission members, including the two representatives of the City Council. Following the effective date of this ordinance, all the members of the

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existing George A. Ingalls Veterans Executive Committee as of the effective date of the ordinance shall automatically be appointed to serve on the Commission.

After this initial formation of the Commission, and as the original members’ terms expire or original members otherwise leave the Commission, the Council shall appoint individuals to the Commission using the procedures determined by the City Council. The Commission shall consist of not fewer than five (5) members.

Section 2.27.030 Terms of Office.

The initial members from the Community shall serve either two or four year staggered terms, as determined by random drawing. Thereafter, appointments will be made for 4- year terms. Terms will end on July 1 or until a qualified successor is appointed and seated.

The City Clerk shall keep a record of dates of appointments and the terms of office of the members. Terms will be staggered every two years to provide continuity on the Commission.

Members from the City Council shall be appointed by the City Council upon the recommendation of the Mayor.

Section 2.27.040 Requirements for Membership.

All community members of the Veterans Commission shall be committed to representing Norco’s veterans community and shall meet the following requirements:

A. Be at least eighteen years of age.

B. Be a citizen of the United States.

C. Be a legal resident of Norco, or be a stakeholder of the Veterans’ Memorial or the veterans’ community as determined by the City Council.

D. Have taken and filed with the City Clerk the oath required by Section 36507 of the Government Code.

Section 2.27.050 Vacancies.

Persons appointed to fill a vacancy shall serve only for the unexpired term of the member whose vacancy they fill. No vacancies may be filled until or unless the Commission will be left with fewer than five members.

Section 2.27.060 Removal from Office.

Members of the Commission shall be removed from office or have their office declared vacant in the following manner and for any one of the following reasons:

A. Failure to meet any one of the requirements for membership in Section 2.27.040, at which time the removal shall be automatic and no action by the City Council shall be necessary.

B. By a majority vote of the entire City Council.

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C. Absence at three successive regular meetings without cause, or five meetings total in a 12-month period regardless of cause, at which time the secretary of the Commission shall immediately inform the City Council of such vacancy. A written notice to the secretary of the Commission on or before the day of the meeting stating there was an unavoidable absence or an absence due to illness shall be deemed an absence for cause.

D. At the end of the member’s term of office, in which case the removal shall be automatic and no action of the City Council is necessary, although the Commission Member shall continue to serve until the successor’s appointment.

Section 2.27.070 Organization.

The Commission shall elect a Chair and Vice Chair at its first meeting in July of each year.

Section 2.27.080 Conduct of Meetings.

The Commission shall hold not less than one regular meeting each quarter, such meetings schedules and times to be established by the Commission. Adjourned and special meetings may be called, noticed, and held in the manner established by Section 54956 of the California Government Code.

All meetings of the Commission shall be open and public, and a majority of the membership shall constitute a quorum for the transaction of business. A public record (minutes) shall be prepared, indicating all actions, findings, and determinations of the Commission. A written agenda shall be prepared and distributed to Commission Members in advance of all regular meetings. Rules of conduct of the meetings shall be determined by the Commission but shall be in accordance with those rules adopted for the conduct of City Council meetings. The Commission constitutes a “legislative body” as described in the California Government Code.

Section 2.27.090 Duties—Limitations on Authority.

The duties of the Commission shall be to review and make recommendations to the City Council and the professional staff concerning the protection and promotion the George Alan Ingalls Veterans Memorial Plaza and the interests of the Norco veteran community.

The Commission shall provide the City Council with proposals on new concepts, improvements, maintenance, priorities, and events. The Commission shall undertake any other action or activity directed by the City Council.

Section 2.27.110 Records.

The Veterans Commission shall keep complete minutes, books, and accounts of its meetings on file in the City Clerk’s Office.

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

SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the

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

SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.

PASSED and ADOPTED by the City Council of the City of Norco at a regular meeting on the 3rd day of May, 2023.
________________________________
Mayor
City of Norco, California
ATTEST:
___________________________
Dana Roa, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: May 3, 2023 Agenda Item:

5.C.

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

Proposal from R3 Consulting Group, Inc. to provide solid waste franchise agreement procurement services.

RECOMMENDATION:

City Council accept the proposal from R3 Consulting Group, Inc. to provide solid waste franchise procurement services for the City of Norco's next waste hauler franchise agreement.

SUMMARY:

The City of Norco's waste hauler franchise agreement will expire June 30, 2024 and the City Council is interested in beginning a waste services procurement process to determine the next hauler contract. Staff has obtained proposals from multiple consultants to provide professional services that can assist the City with a formal request for proposal and section process. Staff is recommending City Council accept the proposal from R3 Consulting Group, Inc. to provide solid waste procurement services for the City of Norco's next waste hauler franchise agreement.

BACKGROUND:

The City's existing franchise waste hauler agreement will expire June 30, 2024. There has previously been some discussion and desire expressed to conduct a formal request for proposal (RFP) process to determine the next waste hauler(s) to provide comprehensive and cost effective disposal and recycling services to meet Norco's residential and commercial needs. Staff has determined the prudent course of action is to hire a professional consultant with experience with procurement of solid waste services for municipalities by conducting and successfully completing a thorough and comprehensive RFP and selection process. However, the consultant must be able to develop a scope of work and timeline that will enable the City to complete the RFP and selection process in a timely manner to allow a successful transition of waste service haulers, if needed.

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Staff was able to obtain two qualified proposals from R3 Consulting Group, Inc. ($121,000) and MSW Consultants ($110,000). Staff evaluated the proposals and determined both proposals provided clear delineation of the scope of work expected by the City and that each consultant has extensive experience in providing waste hauling consulting services exclusively to municipalities (no haulers to avoid conflicts. MSW Consultants is currently working with the City of Corona on its waste hauler franchise agreement and R3 Consulting Group, Inc. previously completed the waster hauler franchise agreement for the City of Eastvale. However, staff is recommending the City Council accept the proposal from R3 Consulting Group, Inc., as it is the consultant with experience with municipalities that require manure services, which is an important factor impacting the community.

Please note both consultants have indicated they could also provide an alternate scope of services to negotiate a new contract with the City's existing hauler, if that was a desire of the Council. While many of the components of the provided scope of work would still be required, the anticipated costs for such a process is anticipated to be about half for each consultant.

Staff is recommending the City Council accept the proposal from R3 Consulting Group, Inc. and award a contract in the amount not-to-exceed $121,000.

FISCAL IMPACT:

The funding for the contract services will be allocated from the Solid Waste Fund contractual services (158.810.34100). However, please note as part of the final franchise waste hauler agreement, staff anticipates that the selected hauler will be required to pay the cost for the selection process.

RELATIONSHIP TO STRATEGIC PLAN:

Approval of the consultant agreement is consistent with Strategic Plan Goal No. 3 - Economic Development & Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Norco - Competitive Procurement Assistance - R3 Proposal_042523[21] Contract - R3 Consulting Group

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1512 Eureka Road, Suite 220, Roseville CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com April 25, 2023
Mr. Chad Blais, Director of Public Works
City of Norco
2870 Clark Avenue, Norco, CA 92860
submitted via: [email protected]
SUBJECT: Competitive Procurement Assistance - R3 Proposal Dear Mr. Blais,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached proposal to express our interest in the Solid Waste Consultant Services project for the City of Norco (City).

Introduction
Our team is uniquely qualified to provide the requested services to the City, in that we have the ability to leverage our current work efforts with neighboring jurisdictions. Most recently, for the City of Rosemead, R3 led the team in procuring new solid waste collection services through a competitive process - yielding unanimous City Council approval to transition from two franchised haulers (one for residential and one for commercial services) to a singular hauler and a focus on compliant organic collection programs.

R3 is at the forefront of SB 1383 compliance planning and implementation - we have been actively tracking the development of the regulations and have participated in the SB 1383 rule-making process through their finalization on November 3, 2020. SB 1383 has complex requirements which affect many aspects of solid waste collection and post-collection systems. While haulers can assist in implementation of many aspects of the law, agencies ultimately bear responsibility for its implementation. Our team is currently assisting clients throughout the state in implementing SB 1383 compliant programs.

Project Team
Carrie Baxter, Sr. Managing Consultant, will serve as Project Lead and primary point of contact. Scott Hanin, Ryan Calkins, and Angela Micheletti will provide direct support to Carrie. Our team also has the ability to draw upon additional staff members on an as-needed basis. Throughout this engagement, we will work with the City to establish a coordinated approach, thus facilitating a cost-effective and smooth transition into implementation for the City, the selected hauler, and, of course, for your solid waste customers. * * * * *
We are excited about this opportunity to work with the City’s team. Should you have any questions regarding our proposal or need any additional information, please don’t hesitate to reach out directly.

Sincerely,
Carrie Baxter | Sr. Managing Consultant
R3 Consulting Group, Inc.
916.878.7413 | [email protected]
Scott Hanin | Sr. Director
R3 Consulting Group, Inc.
916.782.7821 | [email protected]

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City of Norco | Competitive Procurement Assistance TOC

1. Scope of Work page 1

2. Project Team
page 8

3. R3 Qualifications
page 13

4. Project Budget
page 18

TABLE OF CONTENTS TABLE OF CONTENTS

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City of Norco | Competitive Procurement Assistance 1

1. SCOPE OF WORK
Project Understanding
The City of Norco currently holds one franchise agreement with Waste Management to provide solid waste collection services to residential and commercial customers which is set to expire on June 30, 2024.

The City is seeking a consultant to manage and facilitate a competitive procurement process for collection, processing and disposal of municipal solid waste, recyclables, organics, - including manure, and other materials from all sectors in the City, encompassing residential, multi-family, and commercial sectors.

Our proposed scope of work on the following pages demonstrates our ability to conduct a comprehensive analysis of the City’s solid waste collection system, provide recommendations for continued, expanded and new services as part of a new franchise agreement, and conduct a competitive procurement that provides the City with the best possible services at competitive and sustainable customer service rates.

We are prepared to work closely with City staff to ensure a fair and reasonably scheduled competitive procurement process.

R3 will focus on providing the City and the City’s rate payers with the following:
› Modern franchised services that incorporate all legislative compliance requirements. › Consistency in services provided throughout the City to all rate payers. › Economies of scale that result in best value to the City’s rate payers. › Streamlined franchise system that is more efficient and less costly for the City to manage and oversee. › High accountability standards for the franchised hauler. › Competitively procured market-based customer rates that reflect current costs.

Project Approach
We understand that undertaking a competitive procurement process is a complex and time-consuming effort and recognize that the City has limited staff to take on a project of this importance to the community.

R3 has assisted numerous cities and counties, with staffing levels like the City’s, on comparable projects and we are prepared to work closely with the City’s Project Team to complete all required tasks. Members of our team are currently or have recently assisted other jurisdictions including Eastvale, Santa Clarita, Pomona, Rosemead, Santa Clara County, Ventura County and Rancho Cordova making R3 uniquely qualified in our understanding of market conditions and proposer expectations.

Accordingly, R3 proposes to provide “full service” procurement and solid waste consulting assistance to complete this project. We are available to handle every detail of the competitive procurement process, at the City’s preference.

Our proposed scope of work is designed to allow R3 to act as an extension of City staff and assist in the following aspects of this procurement project:
› Conducting a comprehensive analysis of the existing solid waste collection program. › Providing recommendations for innovative and modern industry standard services to include in the franchise agreement.
› Preparing and issuing the RFP Package, including drafting:
– Program requirements
– Qualifications
– Evaluation criteria and methodology
– Draft franchise agreement
– Customer rate worksheets
› Providing recommended eligible service providers.
› Conducting a mandatory pre-proposers meeting with potential proposers.

1. SCOPE OF WORK

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City of Norco | Competitive Procurement Assistance 2
› Preparing written responses to questions submitted regarding the RFP and preparing addenda as necessary. › Evaluating proposals.
› Coordinating site visits of facilities if necessary.
› Managing and facilitating interviews with proposers.
› Conducting negotiation sessions.
› Preparing staff reports and presentations.
› Finalizing the Agreement.
› Presenting recommendations to City Council.

Disclosure
Because R3 only provides services to public agencies, our clients receive unbiased opinions and recommendations throughout the negotiation and/or procurement process. We maintain excellent professional working relationships and have no conflicts of interest with landfill and facility operators or haulers.

More specifically, we understand what information these solid waste, recycling and organics collection companies will need to provide, how they can best provide that information, and can further anticipate and address business interest concerns that may arise during the procurement process. Our approach to working with solid waste, recycling and organics collection companies is to be direct, respectful of their time and effort, and help them prepare the best possible proposal for the City.

This approach helps remove barriers to hauler cooperation with negotiating final terms of a new agreement, minimizes the number of information requests to haulers, and provide for cost-effective completion of the project without the need for intensive City staff involvement. Our focus on providing services exclusively to public agencies helps ensure that the City’s best interests are represented.

Solid waste consulting firms who provide services to haulers/solid waste operators cannot provide this same level of protection. This vulnerability can result in an apparent – if not actual – conflict of interest, and in turn, limits the success of the project. Unlike our competitors, R3 has the staffing backgrounds from public agencies, solid waste firms, policy and financial companies, all of whom can aid the engagement as needed.

Scope of Work
Task 1 Kick-Off Meeting
Upon City authorization to proceed, R3 will facilitate a virtual project kick-off meeting with City staff. The meeting will provide an opportunity to review the project objectives, R3’s project approach, schedule, and data availability. The kick-off meeting will serve to set the expectations, project responsibilities, milestones and timeline for the Scope of Work and establish the best means for ongoing communication and collaboration between R3 and the City for the duration of this engagement.

One item of importance for discussion during the kick-off meeting will be how R3 and the City staff will work collaboratively to ensure that this project provides the best possible outcomes for customers and ratepayers, while still achieving meaningful compliance with the law. Also, at this meeting or sooner, R3 will develop an information request from the City or its current hauler to ensure as much accurate and current information is shared with prospective proposers.

After the Project Kick-off Meeting, R3 will provide meeting minutes including notes, schedule, and milestones.

Ongoing coordination will continue throughout the project through virtual meetings, schedule updates and/or status reports.

Please note: To provide the most cost-effective services, we have budgeted for some meetings to be virtual, including regular check-in meetings with the City staff. This approach has proven to be very successful in other similar engagements. In person meetings are still beneficial for completing major milestones of the project. As such, our proposal includes up to 4 in person meetings, which may include interviews with the proposers, final negotiations, sub-committee meetings and City Council presentations. Additional costs will be incurred for required attendance at in-person meetings; in excess of 4 meetings R3 will seek City approval of additional costs before they are incurred.

1. SCOPE OF WORK

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City of Norco | Competitive Procurement Assistance 3
Task 2 Conduct a Comprehensive Solid Waste Analysis of the Current Programs Task 2.1 Compliance Analysis
As mentioned in Task 1, upon authorization to proceed, R3 will provide the City with a preliminary list of documents to review in support of this scope of work. R3 will provide an overview of current services and analyze those services as compared to the latest solid waste and recycling/organics trends, best management practices related to both franchise agreement services and terms and conditions, and updates of recent legislation (AB 341, AB 1826, SB 1383), all of which should be addressed in the City’s new franchise agreement.

Requested documents may include, but will not necessarily be limited to, the following:
› Current City-approved rate tables.
› Any available waste characterization studies.
› Prior rate and/or cost of service studies.
› Hauler account data (including number of accounts, service levels, tonnage and diversion reports, processing facilities, employee data, and vehicle inventory).
› Account information by sector.
› Prior engagement or direction from City Council related to the competitive procurement process.

The requested items, along with documents already in R3’s files, will assist with our analysis of the City’s current agreement and solid waste program. R3 will provide a matrix of potential current and recommended new services.

Task 2.2 Market Rate Analysis
R3 will build from prior work for neighboring jurisdictions and provide an analysis of solid waste rates and fees in Norco compared to other relevant local jurisdictions such as Colton, Eastvale, Fontana, Rialto, San Bernardino, and Upland. Based on current rates and available cost information, R3 will estimate the likely rate changes necessary to ensure compliance and cover program needs. It is important to note that while rates are the most common metric for comparison purposes and no two jurisdictions are identical with many factors go impacting rates making “apples to apples” comparisons difficult.

As part of this Task, we will provide the City in an electronic report format, an update of recent legislation, including AB 341, AB 1826, and SB 1383, all of which should be addressed in the City’s new Agreement. Information will include suggestions and/or recommendations for solid waste programs that the City may wish to consider.

R3 will include draft points for inclusion on the New Agreement for City that includes the following key elements:
› Summary update of recent legislation, including AB 341, AB 1826, and SB 1383. › Results of our analysis of the current franchise agreement and services, including recommendations for the new franchise agreement.
› Cost effective updates to the current Agreement that align with industry best practices, to be discussed with the City.
› Modifications to collection services and programs to incorporate recent legislative regulations and remain flexible enough to adapt to significant changes in the future. › Cost effective, efficient, and environmentally friendly designed program requirements, including zero emission vehicles.
› Industry best practices that focus on compliant collection programs, high-levels of customer service, and ensure transparency in rate setting and contractor performance.

This information will be combined into a final Solid Waste Analysis Report (administrative draft and final).

Task 3 Technical Document Development and Presentations Task 3.1 Develop a New Solid Waste Franchise Agreement
Using our experience bringing California municipalities into compliance with CalRecycle requirements, and with our understanding of recent state legislation, we will advise the City on the latest solid waste trends as it pertains to both franchised services and the Agreement development. This information will be discussed during our kick-off meeting, as well as in follow-up correspondence with the City. R3 will draft the new Agreement incorporating the information gathered in prior tasks. Because we are currently developing similar agreements for several clients, we can include the current industry standards and best practices for items such as performance bonds, indemnification, insurance, liquidated damages and reporting and record keeping requirements.

1. SCOPE OF WORK

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