AGENDA
City Council
Wednesday, November 15, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:30 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
WORKSHOP
A. Consideration of Options and Recommendation for the Moreno Arena Bleacher Replacement Project
RECOMMENDATION:
Consider Options and Recommendation for the Replacement of the 25 Row Bleacher System at Moreno Arena.
Staff Report - Pdf
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Existing litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
Eller v. City of Norco, et al.
Case No.: 22-164552
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 130-240-008
Agency negotiator: City Manager
Negotiating parties: City of Norco and Newmark
Under negotiation: Price and terms of payment
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
City Council Agenda - November 15, 2023
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
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 November 1, 2023.
Staff Report - Pdf
2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on November 8, 2023
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on November 8, 2023.
Staff Report - Pdf
City Council Agenda - November 15, 2023
2.D. Establishing U.N.L.O.A.D. Committee by Resolution
RECOMMENDATION:
Adopt Resolution No. 2023-67, to transfer the U.N.L.O.A.D. Administrative Policy to a Resolution.
Staff Report UNLOAD Resolution - Pdf
2.E. Projects for Consideration for Use of Community Development Block Grant (CDBG) Funds, Program Year 2024-25, through the U.S. Department of Housing and Urban Development and the County of Riverside Department of Housing, Homelessness Prevention and Workforce Solutions (HHPWS) RECOMMENDATION:
Consider and submit the following projects for funding through the Community Development Block Grant FY 2024-25 Program Year:
1. Senior Citizens Recreation and Community Service Leader
2. Corydon Staging Area ADA Restroom Replacement Project Staff Report - Pdf
2.F. Acceptance of the Pole Barn Project as Complete (Project No. 54410.1) RECOMMENDATION:
Accept The Pole Barn Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.G. Acceptance of the Third Street Pavement Project (Hillside to Temescal Avenue) as Complete
RECOMMENDATION:
Accept the Third Street Pavement Project (Hillside to Temescal Avenue) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
City Council Agenda - November 15, 2023
2.H. Acceptance of the Norco MDP Lateral N-1G Storm Drain Project as Complete
RECOMMENDATION:
Accept the Norco MDP Lateral N-1G Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.I. Adoption of a Resolution to modify the fee waiver incentives in the approved Accessory Dwelling Unit (ADU) Legalization Pilot Program.
RECOMMENDATION:
Adopt Resolution 2023-68, to modify the fee waiver incentives in the Accessory Dwelling Unit (ADU) Legalization Pilot Program.
Staff Report - Pdf
2.J. Acceptance of the FY 2022-23 Residential Street Overlay Project as Complete
RECOMMENDATION:
Accept the FY 2022-23 Residential Street Overlay Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.K. City Council Holiday Meeting Schedule
RECOMMENDATION:
Cancel City Council meeting scheduled for Wednesday January 3, 2024.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. 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)
City Council Agenda - November 15, 2023
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. Ordinance No. 1107, First Reading: Amending Norco Municipal Code Title 9 “Peace, Safety and Morals”, to add Chapter 9.53 “Catalytic Converter Theft”.
RECOMMENDATION:
Adopt Ordinance No. 1107, First Reading: Amending Norco Municipal Code Title 9 “Peace, Safety and Morals”, to add Chapter 9.53 “Catalytic Converter Theft”.
Staff Report Catalytic Converter Ordinance - Pdf
5.B. Discussion of a Sixth Street Overpass Patriotic Mural - Oral Report RECOMMENDATION:
Discuss and provide feedback for staff on a Sixth Street Overpass Patriotic Mural
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
City Council Agenda - November 15, 2023
6.A. Conduit financing for the Clark Terrace Apartments Affordable Housing Project
RECOMMENDATION:
1) Conduct the public hearing under the requirements of Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt Resolution No. 2023-69, (A) approving the issuance of the Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Clark Terrace LLC, a California limited liability company (the “General Partner”), an affiliate of HumanGood Affordable Housing, a nonprofit public benefit corporation (the “Sponsor”), on behalf of Clark Terrace LP, a California limited partnership, or another ownership entity to be formed by the General Partner or another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 and following; and (B) authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
Staff Report - Pdf
City Council Agenda - November 15, 2023
6.B. Consideration of Alternate Forms of Resolutions to Declare the Results of the Assessment Ballot Tabulation for Landscape Maintenance District No. 2 - Western Pacific, Tract 25779
RECOMMENDATION:
If there is not a majority protest to the levy of assessment, adopt the form of Resolution No. 2023-70 Declaring the Results of the Assessment Ballot Tabulation, Approving the Engineer's Report, Increasing the Assessment, Ordering Maintenance Work Therein, Confirming the Diagram and Assessment, and Providing for the Levy of Annual Assessment Therein for Landscape Maintenance District 2.
If there is a majority protest, adopt the form of Resolution No. 2023-70 Declaring the Results of the Assessment Ballot Tabulation, Determining the Existence of a Majority Protest and Abandoning the Proceedings to Increase Such Assessment Therein for Landscape Maintenance District 2.
RECOMMENDATION:
If there is not a majority protest to the levy of assessment, adopt the form of Resolution No. 2023-71 Declaring the Results of the Assessment Ballot Tabulation, Approving the Engineer's Report, Increasing the Assessment, Ordering Maintenance Work Therein, Confirming the Diagram and Assessment, and Providing for the Levy of Annual Assessment Therein for Landscape Maintenance District 3.
If there is a majority protest, adopt the form of Resolution No. 2023-71 Declaring the Results of the Assessment Ballot Tabulation, Determining the Existence of a Majority Protest and Abandoning the Proceedings to Increase Such Assessment Therein for Landscape Maintenance District 3.
Staff Report - Pdf
6.C. Consideration of Alternate Forms of Resolutions to Declare the Results of the Assessment Ballot Tabulation for Landscape Maintenance District No. 3 - Centex, Tract 28626
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
City Council Agenda - November 15, 2023
item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
A.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Consideration of Options and Recommendation for the Moreno Arena Bleacher Replacement Project
RECOMMENDATION:
Consider Options and Recommendation for the Replacement of the 25 Row Bleacher System at Moreno Arena.
SUMMARY:
Moreno Arena is the main arena used during large spectator events at the Ingalls Event Center. The existing Sturdisteel bleachers have been in operation for over 20 years but water and debris from the arena footing has degraded the structural supports of the bleacher system. This workshop will provide options for Council consideration along with staff's recommendation on moving forward with a full bleacher replacement.
BACKGROUND:
In 2021, staff noticed severe corrosion on the structural supports for the Moreno Arena bleachers. Staff contracted with Herk Edwards, Inc. who is an exclusive dealer in Southern California for Sturdisteel Products to made the temporary repairs to the structural sections of the bleacher system. Every year since, we have contracted with Herk Edwards, Inc. to complete the required California Building Code (CBC) bleacher inspections to ensure that the bleachers meet standards for public use.
While temporary repairs have been made to the current bleacher system, the existing structural sections of the bleachers continue to be subject to moisture and continued corrosion due to the lack of drainage and a barrier to keep the moist arena footing out from under the bleachers.
The current bleacher system is used year-round to accommodate various spectator events. During rodeo season where upwards of 4,800 tickets are sold, temporary bleachers are brought in to serve as additional seating since our current bleacher system can only accommodate 1,917 seats. This year the rodeo committees have spent an estimated $90,000 for temporary bleacher seating. Those costs are offset by event revenues and borne by the user groups.
Some community members have expressed a need for additional bleacher seating at Ingalls Event Center. This would reduce the need for temporary bleachers and allow the rodeo committees to utilize the additional funds to give back to the community or use as seed money for the upcoming rodeo season. While it is understandable that this request has been made, it is important to note that the City currently subsidizes all three rodeo events in partnership with the event organizers. With contracts that were just approved in 2023, all three rodeo events were negotiated to include discounted rates, excluded rates, and priority access. While additional seating would desirable, it would be costly relative to its days of utilization per year.
Staff has worked with Steve Saunders from Herk Edwards Inc. to obtain estimates and options for the Council to consider. This cost estimate will include the installation of a pony wall to keep water and debris out of the undercarriage of the bleacher system; inspection and maintenance costs; and the installation of a drainage system to reduce flooding. In addition, staff has provided a brief overview of each option with Option 2 being the recommended action.
Option 1 ($803,000 - Minimal Repair Standard) - This option would be to replace the front 15 structural section and seats for the bleacher system. This option would allow for a new front section of the bleacher system but does not take into consideration the amount of wear and damage to the 10 remaining structural sections that have been exposed to routine moisture. In addition, the 10 remaining rows would be 20 years older than the new bleacher section and could cause issues with realignment and consistency. In addition, the life expectancy the 10 remaining rows is undetermined due to the moisture exposure. This option would accommodate for 1,917 seats with a 18" width.
Option 2 ($1,320,000 - Recommended) - This option is the recommended action in moving forward with the bleacher system and would replace the existing 25 row bleacher system. This option would allow for a consistent seating experience, updated standards, and a new structural section that would be free from previous damage. With the addition of the pony wall and drainage system, this option would allow for a fresh start to the new bleacher system that would have an estimated useful life of 40 years.
This option would accommodate for 1,917 seats with a 18" width per seat.
Option 2 is recommended as the most cost effective option. In addition, the vendors have provided the following pricing for other options that would provide for bleacher expansion.
Other Options:
Option 3 ($2,700,000) - This option would allow for 1,083 additional seats in Moreno Arena. This would include the replacement of the existing 25 row bleacher system and would accommodate 3,000 seats with a 24" width per seat. This option would also
include the wall and drainage improvements but this is option is more than double the amount of the cost for the replacement of the current bleacher set. This option would have an estimated useful life of 40 years but would increase inspection and maintenance costs for future years, as is larger than the replacement project.
Option 4 ($3,650,000) - This option would allow for roughly 2,083 additional seats in Moreno Arena. This would include the replacement of the existing 25 row bleacher system that would accommodate for 4,000 seats with a 24" width per seat. This option would also include the wall and drainage improvements but this is option has a significant price difference due to the amount of seating that would be gained. This option would have an estimated useful life of 40 years but would increase inspection and maintenance costs for future years, again because it is a larger set of bleachers.
Based on current market pricing, the following table is provided to show the estimated costs for each option.
Option Description
Cost for
Repair/
Installation
Cost for Pony
Wall/Drainage/Slab
Annual
Inspection
Costs and
Maintenance
Total Cost
for 1st Year
1 Remove &
Replace
Structural
Post and
Seats – Front
15 Rows
$603,000 $200,000 $10,000 $813,000
2 Remove &
Replace
Entire
Bleacher Set
$1,120,000 $200,000 $10,000 $1,330,000
3 Remove &
Replace
Entire
Bleacher Set
and Expand
to 3,000
Seats
$2,400,000 $300,000 $15,000 $2,715,000
4 Remove &
Replace
Entire
Bleacher Set
and Expand
to 4,000
Seats
$3,250,000 $400,000 $20,000 $3,670,000
Below is an analysis of 3 bleacher replacement options. Each of these options includes a new bleacher system that has an expected 40-year life cycle. The new bleacher system would require annual maintenance and inspection to ensure user safety. The 40-year maintenance costs include a conservative yearly 3% increase.
Bleacher Costs for a 40-Year Life Cycle
Bleacher
Purchase and
Improvement
Estimated
Maintenance
Costs
Total 40-
Year Cost
Option 2 - 1,917 Seats (Recommended) $ 1,320,000 $ 754,013 $ 2,074,013 Option 3 - 3,000 Seats $ 2,700,000 $ 1,131,019 $ 3,831,019
Option 4 - 4,000 Seats $ 3,650,000 $ 1,508,025 $ 5,158,025 When discussing additional seating and the desire for possible expansion, we must also consider parking restraints at the Ingalls Event Center. We cannot expand the bleachers if we cannot accommodate for additional parking. The current parking capacity at the Ingalls Event Center is roughly 1,600 parking spaces. This includes the parking at The Turf and the overflow lot at California Avenue and Sixth Street. Using a method of 3 people per vehicle, the current parking at Ingalls Event Center only allows for 4,800 people per event. Exceeding these limits will increase the burden on the surrounding homes and businesses and would increase Sheriff costs along with Cal Fire cost to ensure public safety.
Community members have also inquired about the existing bleacher system at The Hall to be used in Moreno Arena. This bleacher system is similar in age to the Moreno Arena bleachers but has mitered angles that fit to surround the amphitheater. The amphitheater is configured differently than Moreno Arena and the use of this existing bleacher system would require additional material, repairs, and upgrades to bring the system to current standards. There is also the concern for their current condition, expected useful life, and the cost to disassemble and reassemble the system.
If Option 2 is approved, City staff will work with Herk Edwards, Inc. on a sole source contract for the procurement and installation of the Sturdisteel bleacher system. An additional appropriation of funds for this project will be needed from both the Measure R Committee and the City Council for Fiscal Year 2023-24. The material is estimated to be available in Fall 2024 and staff would coordinate installation of the block wall, drainage system, and bleacher installation for completion by February 2025. Staff will also continue to contract with Herk Edwards, Inc. for annual inspections and any repairs needed to ensure user safety for this upcoming rodeo season.
FISCAL IMPACT:
The Moreno Arena Bleacher Repairs has been approved as a Capital Improvement Project (CIP) in Fiscal Year 2023-24 in the amount of $600,000. Based on Option 3 for the bleacher replacement, an additional appropriation of $852,000 in Measure R funds is needed to fund the full project amount including the 10% contingency for an estimated project cost of $1,452,000.
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):
Option 1&2 _ Bleacher Config
Option 3 _Bleacher Config.
Option 4_ Bleacher Config
OPTION 1 & 2 - 1,917 SEATS
132'-0"
EXISTING BLEACHER SEATING
55'-5" 60'-6"
44'-113
16"
44'-113
16"
NEW AISLE ADDED TO MEET CODE
RAMP
RAMP
25'-11"
30'-8" 132'-0" 35'-9"
25'-11"
SEATING PLAN
JOB NUMBER:
SHEET NUMBER:
REVISIONS
CHECKER DRAFTER Rev. Date Date Description
THIS DRAWING AND ALL INFORMATION THEREIN
IS THE PROPERTY OF STURDISTEEL, INC., A
DIVISION OF SCHULTZ INDUSTRIES. IT MAY NOTBE REPRODUCED OR COPIED WITHOUT PRIOR WRITTEN CONSENT OF STURDISTEEL, INC. THE
DRAWING IS LOANED AND SUBJECT TO RETURNUPON DEMAND. DRAWING IS PROTECTED UNDERU.S. AND INTERNATIONAL COPYRIGHT LAW.
A Division of Schultz Industries, Inc.
P.O. Box 2655 ● Waco, Texas 76702
800.433.3116 Tel ● 254.666.4472 Fax
NORCO, CA
ADDITIONS TO EXISTING BLEACHERS
-
SALES
A1
A FD 6/13/23 - - SALES DRAWINGS
G1340
G1340
G1066 G1067
PB114 (PIPE BRACKET)
(8) REQ'D
FOOTBOARD ROW 3
5'-8" (DOUBLE WC AREA)
3'-0" (SINGLE WC AREA)
#62-114 (PLUG)
(8) REQ'D
G1066
G1067
RISER, 1X6 (RS625A)ROW 2
(1) RS625A-5-9 RISER
(W/C FILLER)
G1001 G1340 G1340 G1001
WALKWAY
FOOTBDS
(4) AP114R-5-8 (DBL WC AREA)(4) AP114R-3 (SINGLE WC AREA)
(1) MBG5/16X1(1) HN-5/16-G(1) LW-5/16-G
(8) REQ'D PB114
ATTACH WITH CBG3/8X1 1/2
(1) HN-3/8-G
G1066 (LT. END)
G1067 (RT. END)
(1) MBG5/16X1
(1) HN-5/16-G
(1) LW-5/16-G
W/C FILLER BDS.
(2) FB10-5-10
(2) FB4-5-10
SEE DETAIL "D"
WALKWAY FOOT BOARDS
G1340
FB4A
ECL-2
ECL-0-8
POST
AFL7-2 DR316
(DRIVE RIVET)
FIELD NOTE:
1. INSTALL AFL7 CLOSURE PLATE BEHIND POST.
2. INSTALL ECL-0-8 VERTICAL END CAP AND
ATTACH WITH DR316 RIVETS.
3. INSTALL ECL-2 HORZ. END CAP AND ATTACH
DR316 RIVETS.
====
SEATING CAPACITY
STANDARD 24" SEATSW/C SPACES
18" COMPANION SEATSTOTAL SEATING
23 3002
23 2956
UNLESS SPECIFIED OTHERWISE ECONOMICAL MILL FINISHFOOTBOARDS WILL BE USED FOR ALL ALUMINUM WALKING SURFACES IN THIS CONTRACT. THESE MILL FINISH FOOTBOARDS
WILL LIKELY HAVE WATER STAINS PRESENT RESULTING FROM
UNAVOIDABLE CONDENSATION THAT OCCURS DURING PACKAGING,
TRANSPORTING AND STORAGE PRECEDING INSTALLATION.
REMOVAL OF THESE STAINS OR BOARD REPLACEMENT UPON
COMPLETION OF INSTALLATION IS NOT PART OF THIS CONTRACT
BECAUSE STAINED MILL FINISH BOARDS MEET ALL SPECIFIED
REQUIREMENTS. CLEAR ANODIZED ALUMINUM MAY BE
PURCHASED TO AVOID ANY WATER STAINS IF SELECTED AS ANUPGRADE FINISH AT ADDITIONAL COST BY SIGNED CONTRACT CHANGE ORDER PRIOR TO THE START OF FABRICATION.
OPTION 3 - BLEACHER EXPANSION
3,000 SEATS
OPTION 4 - 4,000 SEATS
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
From:
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
From:
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 November 1, 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 - Nov 01 2023 - Minutes
DRAFT - MINUTES
City Council
Wednesday, November 1, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:30 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
WORKSHOP
Department of Toxic Substances Control (DTSC) update on Wyle Lab clean up.
Senior Planner Acuna introduced the item and introduced the staff from the DTSC.
Staff from the DTSC presented an update on the Wyle Lab cleanup.
Mayor Grundmeyer and City Council Members had questions and concerns for the staff from the DTSC.
DTSC staff answered questions and addressed concerns.
There was no public comment.
Following further discussion, the workshop was adjourned at 5:38 p.m.
SPECIAL MEETING
Mayor Grundmeyer opened the Special meeting at 5:39 p.m.
PUBLIC COMMENTS
There were no public comments at this time.
Mayor Grundmeyer adjourned to the Special Closed Session item at 5:40 p.m.
City Attorney Burns read the Special Closed Session item to be discussed.
City Council Minutes - November 1, 2023
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park Agency negotiator: City Manager; Finance Director; Community Development Director
Negotiating parties: City of Norco and Balboa Management Group LLC.
Under negotiation: Price and Terms
REPORT OF ACTION TAKEN IN SPECIAL CLOSED SESSION
City Attorney Burns stated there was no reportable action taken in Special Closed Session.
Mayor Grundmeyer adjourned the Special Meeting at 6:08 p.m.
CLOSED SESSIONS
Mayor Grundmeyer adjourned to Regular Closed Sessions at 6:09 p.m.
City Attorney Burns read Closed Sessions to be discussed.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (3 potential cases)
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1004 Parkridge (APN 119-070-021)
Agency negotiator: City Manager
Negotiating parties: City of Norco and NewCastle Partners, INC Under negotiation: Price and terms of payment
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions on the Closed Session items discussed and the remainder of the items would be discussed at the end of the meeting.
City Council Minutes - November 1, 2023
PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church
Joan Jacobs
Congregation Beth Shalom
PRESENTATIONS
Proclamations:
Veterans and Military Families Month
Mayor Grundmeyer presented a Proclamation recognizing the month of November as Veterans and Military Families Month to Community Members Joe and Deborah Carmona, David and Pat Overstreet, and Norvah Williams on behalf of the community.
National Native American Heritage Month
Mayor Grundmeyer presented a Proclamation recognizing the month of November as National Native American Heritage Month to Community Members Sean Gill and David Bell on behalf of the community.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
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.
a) Approval of Consent Calendar
Council Member Aleman pulled Item 2.H. for discussion.
M/S HANNA/BASH 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
City Council Minutes - November 1, 2023
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of October 18, 2023.
2.C. Agreement with the County of Riverside for the Community Development Block Grant (CDBG) Program for Fiscal Year 2023-24
Action: Approved Agreement with the County of Riverside for the Community Development Block Grant (CDBG) funds in the amount of $73,282 for Fiscal Year 2023- 24 and authorized the Mayor to sign and execute supplemental agreement for CDBG funds.
2.D. Acceptance of Bids and Award of Contract for the Sundance Park Boundary Wall Restoration Project, and appropriation of Measure R Funds for the Proposed Project
Action: Accepted bids and awarded the contract to Act 1 Construction, Inc. for the Sundance Park Boundary Wall Restoration Project in the amount of $92,502 and authorized the City Manager to approve contract change orders up to 10% of the original contract; Appropriated Measure R Funds in the amount of $120,000 to fund the cost of the project that includes a 10% contingency, design and incidental costs.
2.E. Approval of an additional appropriation to fund the Professional Legal Services Contract with Downey Brand, regarding the Riverside Transmission Reliability Project (RTRP)
Action: Authorized the Finance Director to move $80,000 from undesignated reserves into the General Fund and appropriate an additional $80,000 for the Downey Brand contract.
2.F. Acceptance of the Barn IT Infrastructure Project as Complete (Project No. 54111.6)
City Council Minutes - November 1, 2023
Action: Accepted The Barn IT Infrastructure Project as complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.
2.G. Approval of a Resolution Ending the Proclamation of Local Emergency Due to Tropical Cyclone Hilary
Action: Approved Resolution No. 2023-66 Ending the Proclamation of Local Emergency Due to Tropical Cyclone Hilary.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.H. Fiscal Year 2022-23 Year-End Budget to Actual Report
Finance Director Free presented Fiscal Year 2022-2023 Year-End Budget to Actual Report.
Council Member Aleman had questions related to the report, which were addressed by Finance Director Free.
Following discussion, motion was made.
M/S ALEMAN/GRUNDMEYER Receive and file Fiscal Year 2022-23 Year-End Budget to Actual Report. 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
Joy Olea spoke regarding the Sixth Street overpass, possibly painting a patriotic mural on it.
Terri McCluskey discussed that stop lights on Sixth Street are not in sync after parades and concerns with fire hydrants on Hillside Avenue that need moved.
McCluskey stated the fire hydrants are new and blocking horse trailer parking.
Sgt. Larry Eckhoff thanked the City Staff and City Council for supporting our Veterans.
City Council Minutes - November 1, 2023
5. LEGISLATIVE MATTERS
5.A. Ordinance No. 1106: Second Reading, Zone Code Amendment 2023-03 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 18 – “Zoning”, amending Chapter 18.65 – “Residential Density Bonus Provisions” for compliance with State law.
M/S BASH/HANNA Adopt Ordinance No. 1106, Second Reading, approving Zone Code Amendment 2023-03. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. CITY COUNCIL / STAFF COMMUNICATIONS
Community Development Director Robles reminded the community of the November 16 General Plan open house.
Council Member Hanna had a question regarding the street sweeper schedule on Sixth Street.
Public Works Director Blais answered the question.
Council Member Hanna discussed a call that NART responded to, horse had fallen down a septic tank hole. He stated it was a great collaboration response by Norco and the County.
Council Member Newton thanked those that responded.
Council Member Aleman thanked staff for the Trunk or Treat event. She stated it was awesome and reminded the community of the Dia De Los Muertos event. a) Council Member Bash requested a discussion be placed on a future agenda regarding painting the Sixth Street overpass.
M/S BASH/GRUNDMEYER to Discuss the possibilities of painting a patriotic mural on the Sixth Street overpass. The Motion was carried by the following roll call vote:
City Council Minutes - November 1, 2023
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. ADJOURNMENT
Mayor Grundmeyer adjourned to closed session 7:55 p.m.
City Attorney Burns read the Closed Session items to be discussed.
Mayor Grundmeyer reconvened the City Council meeting at 8:37 p.m.
City Attorney Burns stated there were no reportable actions held in the Closed Sessions.
Mayor Grundmeyer adjourned the meeting at 8:38 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
From:
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
Recap of Actions Taken by the Planning Commission at its Meeting Held on November 8, 2023
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on November 8, 2023.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
PLANNING RECAP
The Planning Recap for meeting to be held November 8 2023, Will be distributed Electronically Monday November 13, 2023.
The Posted Agenda will be updated at that time.
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
From:
Prepared By: Connor Pemberton, Admin Intern
Department: Administration
SUBJECT:
Establishing U.N.L.O.A.D. Committee by Resolution
RECOMMENDATION:
Adopt Resolution No. 2023-67, to transfer the U.N.L.O.A.D. Administrative Policy to a Resolution.
SUMMARY:
The City of Norco has been providing leadership in combating alcohol and drug abuse in the community through U.N.L.O.A.D. The proposed Resolution would transfer the U.N.L.O.A.D. Committee Rules and Regulations from the Admin Policy to a Resolution to be consistent with the currently established Committees/Commissions.
BACKGROUND:
The City of Norco is committed to providing leadership in combating the problems of alcohol and drug abuse within the Norco community. The purpose of the administrative policy was to form a community-based committee under the umbrella of the City of Norco to combat the influence and effects of alcohol and drugs, including tobacco, in the Norco community. Establishing the U.N.L.O.A.D. Committee by Resolution would grant the Committee the staff support, consistent with the currently establish Committees/Commissions, needed to increase the public’s awareness of the adverse effects of alcohol and drugs and related deviant behaviors on our community’s quality of life.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
Consistent with Strategic Direction #1, Public Safety: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members, Action Plan No. 2 – Engage the community in public safety programs.
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):
Resolution 2023-67_UNLOAD
RESOLUTION NO. 2023-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, CREATING THE UNITED
NORCONIANS FOR LIFE OVER ALCOHOL & DRUGS
(U.N.L.O.A.D.) COMMITTEE
WHEREAS, the City of Norco is committed to providing leadership in combating the problems of alcohol and drug abuse in the Norco community through the efforts of United Norconians for Life Over Alcohol & Drugs (U.N.L.O.A.D.); and WHEREAS, in September of 2005, the U.N.L.O.A.D. administrative policy was enacted by the City Manager to establish the Committee, with the goal to combat the influence and effects of alcohol and drugs (including tobacco) in the Norco community; and WHEREAS, to ensure the committee is provided with the resources needed to fulfill its mission, the U.N.L.O.A.D. administrative policy is to be transferred from an Administrative Policy to a Resolution adopted by the City Council.
NOW, THEREFORE, the City Council of the City of Norco does hereby resolve as follows:
SECTION 1: The United Norconians for Life Over Alcohol & Drugs (U.N.L.O.A.D.) Committee is hereby established.
PURPOSE: The purpose of the Committee is to combat the influence and effects of alcohol and drugs (including tobacco) in the Norco community.
1. OBJECTIVE
A. MISSION
The mission is to educate young people about the harmful effects of alcohol and drugs, as well as related behaviors that can impact their safety, quality of life, and future opportunities. U.N.L.O.A.D. also aims to increase awareness among parents, grandparents, and caregivers about their important role in helping young individuals avoid the negative consequences associated with substance use. In addition, it serves as a community resource for generating ideas and providing information to address the challenges of alcohol and drug abuse, working closely with UNITY, an organization dedicated to similar efforts in the Corona-Norco area.
Resolution No. 2023-67, Adopting the United Norconians for Life Over Alcohol & Drugs (U.N.L.O.A.D.)
2. PROVISIONS
B. MEMBERSHIPS
U.N.L.O.A.D. welcomes participation from all individuals and organizations who are interested. This may include community-based organizations, staff members, and City Commissioners.
C. STAFF SUPPORT
The City Manager, or designee, shall have primary and lead responsibility for coordinating and administering the operations of U.N.L.O.A.D. for the Committee Chair. In addition, staff support may also be provided by the Sheriff’s Department and Parks, Recreation & Community Services Department as designated by the City Manager.
D. CHAIR
A member of the City Council will serve as Chair of U.N.L.O.A.D. The term of the Chair shall be a period of one year by action of the City Council. The Chair’s primary responsibility is to provide leadership to the Committee and to chair Committee meetings. The Chair may prepare an annual report of the Committee’s activities for presentation to the City Council.
E. COMMITTEE MEETINGS
U.N.L.O.A.D. Committee may meet on a regularly scheduled basis.
F. ACTIVITIES OF THE COMMITTEE
The Committee will coordinate and hold events, educational activities, or other gatherings. These gatherings will be held to further the mission of the committee.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on November 15, 2023
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
Dana Roa, CMC, City Clerk
City of Norco, California Page 31 of 105
Resolution No. 2023-67, Adopting the United Norconians for Life Over Alcohol & Drugs (U.N.L.O.A.D.)
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California at a regular meeting hereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 15, 2023.
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
From:
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: City Council
SUBJECT:
Projects for Consideration for Use of Community Development Block Grant (CDBG) Funds, Program Year 2024-25, through the U.S. Department of Housing and Urban Development and the County of Riverside Department of Housing, Homelessness Prevention and Workforce Solutions (HHPWS)
RECOMMENDATION:
Consider and submit the following projects for funding through the Community Development Block Grant FY 2024-25 Program Year:
1. Senior Citizens Recreation and Community Service Leader
2. Corydon Staging Area ADA Restroom Replacement Project SUMMARY:
Applications for 2024-25 Community Development Block Grant (CDBG) funds are due to the County of Riverside Department of Housing, Homelessness Prevention and Workforce Solutions (HHPWS). The City has been asked to estimate funding needs and is presenting funding applications for Council consideration based on the estimates and CDBG guidelines. Final adjustments will be made to selected programs and projects once the actual allocation amount is known.
BACKGROUND:
The City of Norco participates in the CDBG funding program and receives grant funding as a “cooperating city” through the County of Riverside. Recipients of CDBG funds may only use 15 percent of their annual allocation for Public Service programs. Public Service programs are social service programs and activities that improve the community’s social services network such as crime prevention, child care, health care, education, recreational needs, and others.
Staff has received an estimate of available funding for CDBG Program Year 2024-25; the City expects to receive $73,282. This allocation is based upon updated information from the Federal Department of Housing and Urban Development (HUD) and is subject to change.
To be eligible for consideration for Public Service or Capital, the projects, programs and activities must meet one of the following national objectives:
1. The project or activity will benefit low/moderate income persons (i.e. seniors, disabled); or
2. The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate income; or
3. Activities undertaken to create or retain permanent jobs, at least 51% of which will be made available to or held by low/moderate income persons; or
4. Activities that provide assistance to micro-enterprise owners/developers who are low/moderate-income.
Projects recommended for funding are:
Public Service Program:
Senior Citizens Recreation and Community Service Leader Funding Request: $13,050
This program provides part-time staff personnel at the Rose M. Eldridge Senior Center to coordinate senior activities and special events. Other program funding comes from the City’s General Fund.
Public Facilities Project:
Corydon Staging Area ADA Restroom Replacement
Funding Request: $60,232
Construction of a Santa Ana River Trail (SART) connects the mountainous Santa Ana River watershed areas in San Bernardino County, and downstream toward, and terminating at, the Pacific Ocean. Several staging areas have been identified along the trail. These staging areas provide a location where trail users can access the trail and they provide, at convenient intervals, the basic facilities needed to ensure a safe experience and minimize impacts to the trail and surrounding area.
The Corydon Staging Area has been identified as a staging area along the SART.
Restrooms were added to the Corydon Staging Area in 2013. These restrooms have heavy use and need to be updated and be ADA compliant. The Corydon Staging Area is directly across the street from the Wayne Makin/Shearer Sports Complex which is heavily visited by families using the staging area for parking and for use of the restroom facilities.
FISCAL IMPACT:
The projects are funded by the Community Development Block Grant (CDBG) from the County of Riverside Department of Housing, Homelessness Prevention and Workforce Solutions (HHPWS) on a cost-reimbursement basis. Any expenses over the approved
CDBG amount will be charged to the Citywide ADA Improvement Project approved in the Measure R Budget. A Resolution to appropriate the projects funds will be presented to City Council for approval at a future date upon final approved allocation by the County of Riverside HHPWS.
RELATIONSHIP TO STRATEGIC PLAN:
Corydon Staging Area ADA Restroom Replacement Project is consistent with Strategic Directive No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
Senior Citizens Recreation and Community Service Leader is consistent with Strategic Directive No. 4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
From:
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance of the Pole Barn Project as Complete (Project No. 54410.1) RECOMMENDATION:
Accept The Pole Barn Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
SUMMARY:
The Pole Barn Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2021-22. Over the course of the project and with an extensive marketing plan for the Ingalls Event Center, the facility's name has officially become "The Barn." The Barn was completed in August 2023 and has already hosted two major City events, the Norco Fair Livestock Show and the Norco State of the City.
BACKGROUND:
The Barn is a 21,000 SF steel monitor barn that is designed for livestock shows and a wide variety of events including trade shows, corporate outings, and banquets. The Barn's address is 96 Sixth Street and is located within the Ingalls Event Center. The Barn was built to accommodate large gatherings with an occupant load of 1,890 during livestock events and 1,942 during gatherings and banquets.
On March 16, 2022, the City Council approved a design build services contract with Act 1 Construction Inc. (Act 1) in the amount of $3,098,059, with contract change orders up to 10%. Shortly after the Award of Contract, Act 1 began the design process. The design process was lengthy due to California Building Code changes, The Barn's occupancy classification changing from a Miscellaneous Group U to a Group A-3, and additional fire code requirements.
A project subcommittee for The Barn was created to oversee the design, construction, and overall operations of the new facility. The subcommittee included Councilmembers Grundmeyer and Newton along with City staff that was integral to the completion of the project.
Construction Timeline
On November 2, 2022, the grading permit was approved and Act 1 Construction started to mobilize. On December 12, 2022, Act 1 began the over excavating process for the pad of the building. Despite record amounts of rain, Act 1 continued to work through delays and reached 98% Compaction on the pad certification in early January 2023.
In January and February of 2023, Act 1 began the installation of utility lines for the facility along with the foundation of the structure. During this time, staff was also working with the architects and building officials on plan submittals and ensuring that the new facility meet all building and fire code requirements. Rain once again delayed Act 1 in their process but they stuck to a completion date of August 11, 2023.
In March and April of 2023, Act 1 finalized the rebar installation for the footings and slab. On March 23rd, the Building Permit was issued and Act 1 poured the concrete slab. With drier weather, Act 1 found their momentum and started the installation of the CMU block walls for the storage, restroom, office, snack bar, and trash enclosure. On April 24th, Ausmus Inc. began to erect the columns and purlins for The Barn.
In May and June of 2023, Ausmus continued with the erection of the building. The roof panels were installed along with the insulation, louvered vents, man doors, exterior panels, and electrical conduit. Act 1 also began framing and pluming the interior areas while continuing with the utility installation of water, sewer, and storm drain lines.
In July and August of 2023, all construction activities for the project were wrapped up.
This work included finalizing the fire sprinkler installation, fire alarm panel, barn doors, electrical, plumbing, and utility lines. Staff worked to ensure that all inspections were final and received the Certificate of Occupancy for the facility on August 24, 2023. This was just in time for the Grand Opening held during the Norco Fair's Livestock Show and Auction.
Change Orders
Change orders for The Barn were primarily based on the need for additional architectural services to finalize the plans for the project based on an Assembly
Occupancy Group A-3. ADA compliance standards, minor upgrades, and the need for an interior liner panel were necessary for a quality product.
On June 7, 2023, the City Council approved Change Order #7 in the amount of $472,000 based on California Building Code requirements, Fire Department requirements, and Department of Industrial Relations requirements for the project completion of The Barn. This appropriation of funds was also approved by the Measure R Committee on May 24, 2023 after staff negotiated the change order amount with Act
1. The following list of change orders were reviewed and approved for the completion of the project:
Change Orders - The Barn Amount
CO #1 Landscape Plans $ 7,256.16
CO #2 Architectural Plan Costs $ 5,638.50
CO #3 Architectural Plan Costs $ 36,877.05
CO #4 Architectural Plan Costs $ 11,308.50
CO #5 Larger Fan Upgrade $ 3,226.31
CO #7 Occupancy Change Requirements $ 471,594.64
CO #8 Drinking Fountain Upgrades $ 2,015.21
CO #9 Upper Liner Panel $ 16,980.00
CO #10 Bottom Liner Panel $ 40,892.35
CO #11 Switchback Ramp (ADA
Compliance)
$ 69,000.00
CO #12 Architectural Plan Costs $ 13,719.79
CO #13 Additional Electrical Outlets for
Sound/Wi-Fi System
$ 3,888.50
Total $ 682,397.01
Act 1 Construction, Inc. has completed the scope of work for The Barn in the total amount of $3,780,456. The work has been inspected by the Building Inspector, Building Official, Fire Department, and the Facilities and Maintenance Director and is found to be in full conformance with the approved plans and specifications for the project.
FISCAL IMPACT:
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
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
From:
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Third Street Pavement Project (Hillside to Temescal Avenue) as Complete
RECOMMENDATION:
Accept the Third Street Pavement Project (Hillside to Temescal Avenue) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Third Street Pavement Project (Hillside to Temescal Avenue) consisted of new curb & gutter and asphalt improvements on Third Street between Temescal Avenue and Hillside Avenue.
BACKGROUND:
On March 15, 2023, the City Council awarded a contract to IE General Engineering, Inc. in the amount of $863,685 and authorized the City Manager to approve contract change orders up to 10% for the Third Street Pavement Project (Hillside to Temescal Avenue).
The final contract amount paid to IE General Engineering, Inc. was $874,753. The increase in the amount paid was due to increased asphalt and concrete quantities.
IE General Engineering, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
From:
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Norco MDP Lateral N-1G Storm Drain Project as Complete RECOMMENDATION:
Accept the Norco MDP Lateral N-1G Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Norco MDP Lateral N-1G Storm Drain Project consisted of storm drain and street improvements on California Avenue between Seventh Street and Eighth Street.
BACKGROUND:
On August 17, 2022 the City Council awarded a contract to GCI Construction, Inc. in the amount of $826,685 and authorized the City Manager to approve contract change orders up to 10% for the Norco MDP Lateral N-1G Storm Drain Project. The final contract amount paid to GCI Construction, Inc. was $922,898 which exceeded the 10% contingency. On September 6, 2023, City Council approved an increase to the contract in the amount of $49,000 for the additional costs beyond the contingency amount. The increase in the amount paid was primarily due to additional driveway improvements necessary to provided adequate access onto two residential properties.
GCI Construction, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
From:
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
Adoption of a Resolution to modify the fee waiver incentives in the approved Accessory Dwelling Unit (ADU) Legalization Pilot Program.
RECOMMENDATION:
Adopt Resolution 2023-68, to modify the fee waiver incentives in the Accessory Dwelling Unit (ADU) Legalization Pilot Program.
SUMMARY:
On October 18, 2023, the City Council approved the ADU Legalization Pilot Program to encourage the legalization of second units constructed without permits. The purpose of this resolution is to allow the waiver of all building permit fees and development impact fees (DIFs) when a legally-existing building has been converted to a second living unit.
BACKGROUND:
On October 18, 2023, the City Council approved the ADU Legalization Pilot Program to encourage the legalization of second units constructed without permits. The program was approved with the following fee waivers as incentives:
Fee Waivers - Over time, the value of fee waivers will be tracked in order to document the $250,000 in ADU incentives that the City committed to provide as part of the City's Housing Element. The fee incentive program included the following:
Should a homeowner agree to an on-site inspection for the ADU, the special inspection cost would be waived.
For ADUs under 750 square feet - City building permit fees would be waived with the exception of required State and pass-through fees (i.e. school and MSHCP fees).
For ADUs 750 square feet and over - 50% of Development Impact Fees (DIF) would be waived.
Staff is recommending that the following incentive be added in the list of fee waivers:
o For Accessory Dwelling Units (ADUs) converted from an existing, legallyconstructed structure with a valid building permit, City building permit fees, excluding plan check fees, will be waived. However, required State and pass-through fees (e.g., School and MSHCP fees) will still apply.
Additionally, all City Development Impact Fees (DIF) will be waived in their entirety.
The proposed incentive deals with a legally existing building that has been converted to a living unit, so there have been only interior modifications. Staff is recommending approval of the proposed modification.
FISCAL IMPACT:
Once established, the level of permit waivers or other incentives is estimated not to exceed $250,000 for the duration of the program. Additional funding could be sought should State and or County grant programs become available.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety & Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members; Action Plan No. 5 - Implement the actions identified in the General Plan 2021-2029 Housing Element: Sub-action 5.3: Develop financial assistance programs to bring unpermitted second units into compliance.
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):
Reso No. 2023-68 Modification to the ADU Legalization Pilot Program, Fee Waivers
RESOLUTION 2023-68
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, MODIFYING THE APPROVED FEE WAIVER INCENTIVES
FOR THE APPROVED ACCESSORY DWELLING UNIT (ADU)
LEGALIZATION PILOT PROGRAM.
WHEREAS, the CITY OF NORCO initiated a proposal to develop an ADU Legalization Pilot Program, in accordance with the 2021-2029 Housing Element, to establish a process and a pathway for the legalization of non-permitted secondary living units in the City of Norco; and WHEREAS, the ADU Legalization Pilot Program was necessary to facilitate the legalization of existing second units that were constructed without permits, to protect the health, welfare and safety of the community; and
WHEREAS, on October 18, 2023, the City Council adopted Resolution 2023-64, approving the ADU Legalization Pilot Program; and
WHEREAS, the City Council determined that building permit fee waivers were necessary as part of the program to incentivize residents to come forward to legalize a non-permitted second unit as an ADU; and
WHEREAS, the City Council finds that the fee waiver incentives in the ADU Legalization Pilot Program must be modified to further incentivize residents/property owners to come forward to legalize a non-permitted second unit as an ADU.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California approves the following incentive as part of the ADU Legalization Pilot Program:
• For Accessory Dwelling Units (ADUs) converted from an existing structure with a valid building permit (legally constructed), City building permit fees, excluding plan check fees, will be waived. However, required State and pass-through fees (e.g., School and MSHCP fees) will still apply. Additionally, all City Development Impact Fees (DIF) will be waived in their entirety.
Resolution No. 2023-68, Modification to the ADU Legalization Pilot Program November 15, 2023
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a meeting held on November 15, 2023.
_______________________
Robin Grundmeyer, Mayor
Norco, California
ATTEST:
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2023-68, Modification to the ADU Legalization Pilot Program November 15, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on November 15, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 15, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.J.
To: Honorable Mayor and City Council Members
From:
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the FY 2022-23 Residential Street Overlay Project as Complete RECOMMENDATION:
Accept the FY 2022-23 Residential Street Overlay Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The FY 2022-23 Residential Street Overlay Project consisted of the grinding & overlaying of ten (10) residential streets throughout the City of Norco.
BACKGROUND:
On December 7, 2022, the City Council awarded a contract to Eagle Paving Company, Inc. in the amount of $1,263,000 and authorized the City Manager to approve contract change orders up to 10% for the FY 2022-2023 Residential Street Overlay Project. The final contract amount paid to Eagle Paving Company, Inc. was $1,395,170.41 which exceeded the 10% contingency. On August 2, 2023, City Council approved an increase to the contract in the amount of $6,000 for the additional costs beyond the contingency amount. The increase in the amount paid was due to unforeseen soil conditions on several streets.
Eagle Paving Company, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
2.K.
To: Honorable Mayor and City Council Members
From:
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
City Council Holiday Meeting Schedule
RECOMMENDATION:
Cancel City Council meeting scheduled for Wednesday January 3, 2024.
SUMMARY:
Due to City Hall Holiday closures, vacations and commitments, it is being proposed that the City Council cancel the regular meeting of Wednesday, January 3, 2024.
If there are any time-sensitive items that necessitate City Council action, a Special City Council meeting will be called and noticed.
BACKGROUND:
Set by Resolution, the City Council meets the first and third Wednesday of every month.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This 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
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Connor Pemberton, Admin Intern
Department: Administration
SUBJECT:
Ordinance No. 1107, First Reading: Amending Norco Municipal Code Title 9 “Peace, Safety and Morals”, to add Chapter 9.53 “Catalytic Converter Theft”.
RECOMMENDATION:
Adopt Ordinance No. 1107, First Reading: Amending Norco Municipal Code Title 9 “Peace, Safety and Morals”, to add Chapter 9.53 “Catalytic Converter Theft”.
SUMMARY:
The City of Norco is committed to providing a safe community to its residents which includes enacting legislation that protects the vehicle property of citizens. In order to address the issue of increased catalytic converter theft throughout the county, the proposed amendment of the Norco Municipal Code adds a chapter to Title 9 “Peace, Safety and Morals” allowing officers to ask individuals in possession of a catalytic converter for proof of ownership by providing pictures, receipts, and/or other verifiable documentation. A violation of this ordinance can lead to criminal and/or civil penalties.
BACKGROUND:
In the County of Riverside, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and a lack of identifying markers on catalytic converters that link a stolen catalytic converter to the victim.
On September 12, 2023, the Riverside County Board of Supervisors adopted a County Ordinance regarding catalytic converter theft. However, that ordinance applies only in unincorporated areas of the County. The proposed ordinance replicates the language of the County's ordinance and incorporates it into our Municipal Code. By approving this Ordinance for the city of Norco, individuals in Norco identified in possession of catalytic converters without proper documentation may receive criminal and/or civil penalties, regardless of whether the lawful owner is identified.
Our Sheriff’s team recommends adoption of this ordinance. While this ordinance alone is unlikely to solve the problem, this provides them with an additional tool to help combat catalytic converter theft.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
Consistent with Strategic Direction #1, 1. Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Ordinance No. 1107 Catalytic Converter Theft
Ordinance No. 1107, add Chapter 9.53 Catalytic Converter Theft
ORDINANCE NO. 1107
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, AMENDING NORCO MUNICIPAL
CODE TITLE 9 “PEACE, SAFETY AND MORALS”, TO
ADD CHAPTER 9.53 “CATALYTIC CONVERTER THEFT”.
WHEREAS, the City of Norco is amending Title 9 “Peace, Safety and Morals”, to add Chapter 9.53 “Catalytic Converter Theft” to increase the safety of citizens from the theft of catalytic converters; and
WHEREAS, this Code Amendment was duly submitted to the Norco City Council on November 15, 2023, for introduction and first reading at a public hearing for which proper notice was given; and
WHEREAS, this Code Amendment was submitted to the Norco City Council on December 6, 2023 for second reading and adoption; and
NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:
SECTION 1:
Chapter 9.53
Catalytic Converter Theft
Sections:
9.53.010 Purpose
9.53.020 Definitions
9.53.030 Unlawful Possession of a Catalytic Converter
9.53.040 Violations
Ordinance No. 1107, add Chapter 9.53 Catalytic Converter Theft
Section 9.53.010 Purpose
This Catalytic Converter Theft Ordinance is intended to prevent and discourage the theft and unlawful possession of catalytic converters, and provide tools for detection of theft and unlawful possession of catalytic converters, by mandating persons provide verifiable valid proof of ownership of a catalytic converter in their possession.
Section 9.53.020 Definitions
For the purpose of this chapter, the following definitions apply:
A. Catalytic converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
B. Verifiable valid proof of ownership. Written document(s) clearly identifying the vehicle from which the catalytic converter originated including, but not limited to, the following:
1. Bill of sale from the original owner with photographs.
2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated.
5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.
Section 9.53.040 Unlawful Possession of a Catalytic Converter A. It is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has verifiable valid proof of ownership of the catalytic converter.
B. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
C. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show verifiable valid proof of ownership.
Section 9.53.040 Violations
It is unlawful and a public nuisance for any person to violate any provision of this chapter.
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 decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
Ordinance No. 1107, add Chapter 9.53 Catalytic Converter Theft
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 held on December 6, 2023.
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Norco, California at a regular meeting hereof held on November 1, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 1, 2023.
Dana Roa, CMC,
City Clerk City of Norco, California
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From:
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Conduit financing for the Clark Terrace Apartments Affordable Housing Project RECOMMENDATION:
1) Conduct the public hearing under the requirements of Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt Resolution No. 2023-69, (A) approving the issuance of the Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Clark Terrace LLC, a California limited liability company (the “General Partner”), an affiliate of HumanGood Affordable Housing, a nonprofit public benefit corporation (the “Sponsor”), on behalf of Clark Terrace LP, a California limited partnership, or another ownership entity to be formed by the General Partner or another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 and following; and (B) authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
SUMMARY:
Conduct a public hearing pursuant to the federal Tax Equity and Fiscal Responsibility Act (TEFRA). TEFRA requires that a public hearing be held by the governing body of the jurisdiction in which a project to be financed with tax-exempt financing is located, and that the governing body approve the proposed financing. Approval of this action does not in any way obligate the City with regard to the proposed bond issue.
BACKGROUND:
The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $30,000,000 of tax-exempt revenue
bonds. The proceeds of the Bonds will be used to finance and refinance (1) the costs of the acquisition and rehabilitation of an 80-unit qualified residential rental project located at 2660 and 2680 Clark Avenue, within the City, and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds.
For all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Norco must conduct a public hearing providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project.
CALIFORNIA MUNICIPAL FINANCE AUTHORITY:
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.
EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT:
In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Norco to become a member of the CMFA.
Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City.
The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not the obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required Resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.
The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.
FISCAL IMPACT:
There is no fiscal impact to the City of Norco for the issuance of the bonds.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
CMFA JPA Agreement- Norco
Resolution No. 2023-69 TEFRA and Joining - Clark Terrace
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.
The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.
Section 3. Authority.
A. CREATION AND POWERS OF AUTHORITY.
Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its
debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.
B. BOARD.
The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.
All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.
Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.
The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.
Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be
specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.
The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.
The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.
D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.
All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.
The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.
Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(4) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.
A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.
Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in
connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.
The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.
Section 5. Fiscal Year.
For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.
Section 7. Bonds.
From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.
The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.
Section 8. Bonds Only Limited and Special Obligations of Authority.
The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the
principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.
Section 9. Accounts and Reports.
All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).
The books and records of the Authority shall be open to inspection at all reasonable times by each Member.
The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.
The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.
Section 10. Funds.
Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.
Section 11. Notices.
Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).
Section 12. Additional Members/Withdrawal of Members.
Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.
Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.
A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.
Section 13. Indemnification.
To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Section 14. Contributions and Advances.
Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.
Section 15. Immunities.
All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.
Section 16. Amendments.
Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.
Section 17. Effectiveness.
This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.
Section 18. Partial Invalidity.
If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
Section 19. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.
Section 20. Miscellaneous.
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.
This Agreement shall be governed under the laws of the State of California.
This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the City of Norco has caused this Agreement to be executed and attested by its duly authorized representatives as of the15th day of November, 2023.
Member:
CITY OF NORCO
By
Robin Grundmeyer
Mayor
ATTEST:
By
Dana Roa
City Clerk
RESOLUTION NO. 2023-69
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING A PLAN
OF FINANCE INCLUDING THE ISSUANCE OF REVENUE BONDS BY THE
AUTHORITY TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL
RENTAL PROJECT FOR THE BENEFIT OF CLARK TERRACE LP, A
CALIFORNIA LIMITED PARTNERSHIP, AND CERTAIN OTHER MATTERS
RELATING THERETO
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, City of Norco, California (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council of the City (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing the construction or rehabilitation of capital projects; and WHEREAS, Clark Terrace LLC, a California limited liability company (the “General Partner”), an affiliate of HumanGood Affordable Housing, a nonprofit public benefit corporation (the “Sponsor”), on behalf of Clark Terrace LP, a California limited partnership, or another ownership entity to be formed by the General Partner or another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), has requested that the Authority undertake a plan of finance, including the issuance of revenue bonds in the maximum principal amount of $30,000,000 (together with a like amount of refunding obligations) (the “Bonds”), to finance and refinance (1) the costs of the acquisition and rehabilitation of an 80-unit qualified residential rental project (the “Project”) located at 2660 and 2680 Clark Avenue, within the City, and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of a governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the plan of finance for the Project, including the issuance of the Bonds, and approve such plan of finance following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and
WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the plan of finance for the Project and the Authority’s issuance of the Bonds; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, for the aforesaid purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The Agreement is hereby approved and the Mayor, City Manager or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
Section 3. The City Council hereby approves the plan of finance for the Project, including the issuance of the Bonds by the Authority, to finance and refinance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the plan of finance for the Project, including the issuance of the Bonds, (a) by the “applicable elected representative” of a governmental unit having jurisdiction over the area in which the Project is to be located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement.
Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 6. The Mayor, the City Manager, the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 7. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 8. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on November 15, 2023.
_______________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 15, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
From:
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Consideration of Alternate Forms of Resolutions to Declare the Results of the Assessment Ballot Tabulation for Landscape Maintenance District No. 2 - Western Pacific, Tract 25779
RECOMMENDATION:
If there is not a majority protest to the levy of assessment, adopt the form of Resolution No. 2023-70 Declaring the Results of the Assessment Ballot Tabulation, Approving the Engineer's Report, Increasing the Assessment, Ordering Maintenance Work Therein, Confirming the Diagram and Assessment, and Providing for the Levy of Annual Assessment Therein for Landscape Maintenance District 2.
If there is a majority protest, adopt the form of Resolution No. 2023-70 Declaring the Results of the Assessment Ballot Tabulation, Determining the Existence of a Majority Protest and Abandoning the Proceedings to Increase Such Assessment Therein for Landscape Maintenance District 2.
SUMMARY:
As stipulated in the Landscaping and Lighting Act of 1972, the continuation of an existing Landscape Maintenance District (LMD) assessment shall be reviewed and approved each fiscal year. Over the last several years, the Council has reviewed the district's annual assessment revenues and discussed the continued deficits found in LMD 2. Since the rates in this LMD have been outpaced by costs, even with annual escalations based on CPI, a ballot measure for this district has been set for a vote on November 15, 2023, in order to allow property owners an opportunity to consider adjusting assessment rates.
BACKGROUND:
On September 18, 2023, the City Council set the Public Hearing for the LMD 2 Assessment Ballot Measure on November 15, 2023. Notices of the hearing, accompanied by the assessment ballot materials, were mailed to the district's registered property owners 45 days prior to this Public Hearing. To be voted, ballots must be returned to the City Clerk prior to the conclusion of the public hearing which will be held at 7:00 p.m. or as soon thereafter as the matter may be heard. After holding the Public Hearing to receive public testimony, assessment ballots submitted and not withdrawn will be tabulated.
Once the Public Hearing is closed, the ballots will be opened and tabulated, the results will be made public, and the City Council will adopt the appropriate resolution. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted.
LMD No. 2 is comprised of 219 parcels and has a service level deficit, meaning that the level of service is not adequate or up to the City's typical standards for neighborhood upkeep. In addition, the original trail fencing is deteriorating and in need of replacement.
However, the district lacks the funding to complete the fencing capital project. The district also lacks a capital reserve to maintain and replace the amenities in the future.
The proposed ballot measure incorporates a 16% increase for the property owner approval. This provides a fix to the service level deficit now and in the future and allows for property owners to see new assessment revenues invested in capital improvements in their neighborhood. The 16% increase also provides fence replacement on a 20-year cycle and funding of capital reserves to maintain improvements with the assessment per home of $969. This is an increase of $134 from the current year.
The proposed increase shown as follows:
LMD FY 23-24 Annual
Assessment
Proposed 16%
Increase
Proposed FY 24-
25 Assessment
2 $836 $134 $969
After holding the Public Hearing to receive public testimony, it is recommended that the Public Hearing be closed, the ballots opened and tabulated, the results be made public, and the City Council adopt the appropriate Resolution.
FISCAL IMPACT:
If passed, the annual assessment revenues in LMD 2 would increase from $181,340 to $212,211 resulting in revenues that cover the operating budget for the district and allowing for a growth of reserves to allocate towards CIP projects within the district. If the ballot measure is not passed, the assessment will continue to be increased by CPI and the City will need to adjust services to match the revenues provided by the existing district assessment.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic 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 ATTACHMENT(S):
Resolution 23-70 11.15.23 LMD 2 Approved Assessment
Resolution 23-70 11.15.23 LMD 2 Abandoned Assessment
RESOLUTION NO. 2023-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION, APPROVING THE ENGINEER’S REPORT,
INCREASING THE ASSESSMENTS FOR LANDSCAPE MAINTENANCE
DISTRICT 2 (WESTERN PACIFIC, TRACT NO. 25779), ORDERING
MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAM AND
ASSESSMENTS, AND PROVIDING FOR THE LEVY OF AN ANNUAL
ASSESSMENT THEREIN
WHEREAS, On October 20, 1999, by Resolution No 99-76, the City Council of the City of Norco (“City”), State of California, under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code section 22500 et seq.) established the Landscape Maintenance District known as and designated as Landscape Maintenance District No. 2 (Western Pacific, Tract No. 25779); and WHEREAS, Landscape Maintenance District No. 2 funds landscaping services in Landscape Maintenance District No. 2 to maintain the character of the neighborhood (hereafter, referred to as the “District”); and
WHEREAS, on July 19, 2023, the City Council initiated proceedings to increase the assessments and to levy assessments within the District to pay for the increased costs of maintenance and servicing of certain improvements pursuant to the terms and provisions of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.)(the “Omnibus Act” and, together with he 1972 Act and Article XIIID, the “Assessment Law”); and,
WHEREAS, the City Council did order and subsequently receive an Assessment Engineer’s Report (hereafter referred to as the “Engineer’s Report”) prepared by RKA Consultants in accordance with the Assessment Law; and
WHEREAS, the Engineer’s Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk of the City (the “City Clerk”); and WHEREAS, on September 18, 2023, by Resolution No. 2023-59, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land withing the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor or in opposition to the assessment proposed to be levied on such parcel; and
Resolution No. 2023-70, Western Pacific
November 15, 2023
WHEREAS, notices of such hearing, accompanied by assessment ballot materials, were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted and not withdrawn pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), all in the manner proved by the Assessment Law; and WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots submitted and not withdrawn; and WHEREAS, this City Council is now satisfied with the assessments and all matters contained in the Engineer’s Report as submitted.
NOW, THEREFORE, the City Council of the City of Norco, DOES HEREBY RESOLVE as follows:
1. The above recitals are all true and correct and by this reference made an operative part hereof.
2. The City Council hereby finds and determines that the procedures for the levy of annual assessment within the District have been undertaken in accordance with the Assessment Law.
3. The Engineer’s Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District.
4. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk, prior to the close of the Public Hearing, have been tabulated in accordance with the procedures established under the Assessment Law and the results of such tabulation have been submitted to this City Council.
5. This City Council hereby finds that the assessment ballots submitted, and not withdrawn, in favor of the levy of assessments exceed the assessment ballots submitted, and not withdrawn, in opposition to such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, no majority protest to the levy of the proposed assessments within the District has been found to exist.
Resolution No. 2023-70, Western Pacific
November 15, 2023
6. The City Council hereby orders the increase in the assessments as set forth in the Engineer’s Report.
7. Based upon the Engineer’s Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments to be levied for Fiscal Year 2024/25. a. The proportionate special benefit derived by each assessable parcel for the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel.
c. Only special benefits have been assessed, and the general benefits have been separated from the special benefits.
d. All publicly owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits.
8. The assessments for the District contained in the Engineer’s Report for Fiscal Year 2024/25 are hereby confirmed and levied upon the respective lots or parcels within the District as set forth in said Engineer’s Report. Subsequent annual assessments will be subject to an increase for cost of living according to the change in Consumer Price Index (CPI) Riverside-San Bernardino-Ontario for March of each fiscal year.
9. The public interest and convenience require that this City Council does hereby order the maintenance work to be done and performed as set forth in the Engineer’s Report.
10.The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and certified copy thereof, shall be open for public inspection.
11.The City Clerk is hereby ordered and directed to immediately file, by not later than the third Monday in August 2024, a certified copy of the diagram and assessment with the County Auditor.
12. After the filing of the diagram and assessment, the County Auditor shall enter onto the County assessment roll opposite each lot or parcel of land, the amount assessed thereon as shown in the assessment.
Resolution No. 2023-70, Western Pacific
November 15, 2023
13.The assessments shall be collected at the same time and in the same manner as County secured taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection of the assessments.
14.The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2024, and ending June 30, 2025.
15.This resolution shall take effect immediately upon its adoption.
Resolution No. 2023-70, Western Pacific
November 15, 2023
PASSED AND ADOPTED by the City Council of the City of Norco at an adjourned regular meeting held on November 15, 2023.
_____________________________
Mayor of the City of Norco, California
ATTEST:
________________________________
Dana Roa, City Clerk
City of Norco, California
I, DANA ROA, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at an adjourned regular meeting thereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on November 15, 2023. ________________________________
Dana Roa, City Clerk
City of Norco, California
Resolution No. 2023-70, Western Pacific
November 15, 2023
Exhibit A
Certification of Tabulation Official and
Statement of Assessment Ballots Submitted – LMD 2 (Western Pacific)
STATE OF CALIFORNIA )
COUTNY OF RIVERSIDE ) ss.
CITY OF NORCO )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Norco, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted and not withdrawn in the assessment ballot proceedings pertaining to Landscape Maintenance District 2 (Western Pacific, Tract No. 25779)
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
Total assessment ballots submitted and not
withdrawn
Assessment ballots submitted, and not
withdrawn, in favor of the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in favor of the
proposed assessment
Assessment ballots submitted, and not
withdrawn, in opposition to the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in opposition
to the proposed assessment
This certification is executed this 15th day of November 2023 in Norco, California.
By:__________________________
Title:_________________________
RESOLUTION NO. 2023-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION FOR LANDSCAPE MAINTENANCE DISTRICT
2 (WESTERN PACIFIC, TRACT NO. 25779), DETERMINING THE
EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE
PROCEEDINGS TO INCREASE SUCH ASSESSMENTS THEREIN
WHEREAS, On October 20, 1999, by Resolution No 99-76, the City Council of the City of Norco (“City”), State of California, under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code section 22500 et seq.) established the Landscape Maintenance District known as and designated as Landscape Maintenance District No. 2 (Western Pacific, Tract No. 25779); and WHEREAS, Landscape Maintenance District No. 2 funds landscaping services in Landscape Maintenance District No. 2 to maintain the character of the neighborhood (hereafter, referred to as the “District”); and
WHEREAS, on July 19, 2023, the City Council initiated proceedings to increase the assessments and to levy assessments within the District to pay for the increased costs of maintenance and servicing of certain improvements pursuant to the terms and provisions of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.)(the “Omnibus Act” and, together with he 1972 Act and Article XIIID, the “Assessment Law”); and,
WHEREAS, on September 18, 2023, by Resolution No. 2023-59, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land withing the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor or in opposition to the assessment proposed to be levied on such parcel; and
WHEREAS, notices of such hearing, accompanied by assessment ballot materials, were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted and not withdrawn pursuant to the Assessment Lawhave been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), all in the manner provided by the Assessment Law; and WHEREAS, the Tabulation Official has prepared and submitted to this City Council a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as
Resolution No. 2023-70, Western Pacific
November 15, 2023
Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots submitted and not withdrawn; and WHEREAS, at this time, based upon the Certificate of Tabulation Official, the City Council hereby determines that the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments and similarly weighted and, therefore, a majority protest exists; and
WHEREAS, as a result of the existence of such majority protest, the Assessment Law prohibits the City Council from increasing the assessments within the District and levying the proposed assessments therein; and
WHEREAS, as the further result of the existence of such majority protest, this City Council desires to abandon the proceedings to increase the proposed assessments within the District.
NOW, THEREFORE, the City Council of the City of Norco, DOES HEREBY RESOLVE as follows:
SECTION 1. Recitals. The above recitals are all true and correct and made an operative part of this Resolution.
SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted, and not withdrawn, pursuant to the Assessment Law in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments and similarly weighted and its is therefore determined pursuant to Assessment Law that a majority protest does exist.
SECTION 3. Abandonment of Proceedings. As a result of the existence of a majority protest to the levy of increased assessments within the District that prohibits this City Council from levying assessments at an increased rate therein as proposed, this City Council hereby orders that all proceedings to increase the assessments as proposed be abandoned.
SECTION 4. Landscape Maintenance District 2 (LMD 2). As a result of the existence of the majority protest and the abandonment of the proceedings to increase assessments, the LMD 2 existing assessments shall remain in full force and effect and the City may continue to levy assessments within the LMD 2 as authorized pursuant to the Assessment Law.
Resolution No. 2023-70, Western Pacific
November 15, 2023
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Norco at an adjourned regular meeting held on November 15, 2023.
_____________________________
Mayor of the City of Norco, California
ATTEST:
________________________________
Dana Roa, City Clerk
City of Norco, California
I, DANA ROA, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at an adjourned regular meeting thereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on November 15, 2023. ________________________________
Dana Roa, City Clerk
City of Norco, California
Resolution No. 2023-70, Western Pacific
November 15, 2023
Exhibit A
Certification of Tabulation Official and
Statement of Assessment Ballots Submitted – LMD 2 (Western Pacific)
STATE OF CALIFORNIA )
COUTNY OF RIVERSIDE ) ss.
CITY OF NORCO )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Norco, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted and not withdrawn in the assessment ballot proceedings pertaining to Landscape Maintenance District 2 (Western Pacific, Tract No. 25779)
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
Total assessment ballots submitted and not
withdrawn
Assessment ballots submitted, and not
withdrawn, in favor of the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in favor of the
proposed assessment
Assessment ballots submitted, and not
withdrawn, in opposition to the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in opposition
to the proposed assessment
This certification is executed this 15th day of November 2023 in Norco, California.
By:__________________________
Title:_________________________
City Council
STAFF REPORT
Date: November 15, 2023 Agenda Item:
6.C.
To: Honorable Mayor and City Council Members
From:
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Consideration of Alternate Forms of Resolutions to Declare the Results of the Assessment Ballot Tabulation for Landscape Maintenance District No. 3 - Centex, Tract 28626
RECOMMENDATION:
If there is not a majority protest to the levy of assessment, adopt the form of Resolution No. 2023-71 Declaring the Results of the Assessment Ballot Tabulation, Approving the Engineer's Report, Increasing the Assessment, Ordering Maintenance Work Therein, Confirming the Diagram and Assessment, and Providing for the Levy of Annual Assessment Therein for Landscape Maintenance District 3.
If there is a majority protest, adopt the form of Resolution No. 2023-71 Declaring the Results of the Assessment Ballot Tabulation, Determining the Existence of a Majority Protest and Abandoning the Proceedings to Increase Such Assessment Therein for Landscape Maintenance District 3.
SUMMARY:
As stipulated in the Landscaping and Lighting Act of 1972, the continuation of an existing Landscape Maintenance District (LMD) assessment shall be reviewed and approved each fiscal year. Over the last several years, the Council has reviewed the annual assessment and discussed the continued deficits found in LMD 3. Since the rates in this LMD have been outpaced by costs, even with annual escalations based on CPI, a ballot measure for this district was set for a vote on November 15, 2023, in order to allow property owners an opportunity to consider adjusting the assessment rate.
BACKGROUND:
On September 18, 2023, the City Council set the Public Hearing for the LMD 3 Assessment Ballot Measure for November 15, 2023. Notices of the hearing,
accompanied by the assessment ballot materials were mailed to the district's registered property owners 45 days prior to this Public Hearing. To be voted, ballots must be returned to the City Clerk prior to the conclusion of the public hearing which will be held at 7:00 p.m. or as soon thereafter as the matter may be heard. After holding the Public Hearing to receive public testimony, assessment ballots submitted and not withdrawn will be tabulated.
Once the Public Hearing is closed, the ballots opened and tabulated, the results will be made public, and the City Council will adopt the appropriate resolution. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted.
LMD No. 3 is comprised of 82 parcels and has a service level deficit. The current annual assessment does not cover current operations and maintenance along with the need to replace the original trail fencing. The fund balance is declining, and the district lacks any capital reserves.
The ballot measure proposes a 19% increase for property owner approval. This provides a fix to the service level deficit now and in the future. It also allows property owners to see a near-term improvement with new fencing. This recommendation will create a balanced O&M budget. In addition, it would provide for fence repairs on a 20- year replacement cycle with an assessment per home at $1,489. This is an increase of $238 from the current year.
The proposed increase shown as follows:
LMD FY 23-24
Assessment
Proposed 19%
Increase
Proposed FY 24-
25 Assessment
3 $1,252 $238 $1,489
After holding the Public Hearing to receive public testimony, it is recommended that the Public Hearing be closed, the ballots opened and tabulated, the results be made public, and the City Council adopt the appropriate Resolution.
FISCAL IMPACT:
If passed, the annual assessment revenues in LMD 3 would increase annually from $102,630 to $122,098, resulting in revenues that cover the general operating budget in the district and allow for a growth of reserves to allocate towards CIP projects. If the ballot measure is not passed, the assessment will continue to be increased by CPI and the City will need to adjust services to match the revenues provided by the existing district assessments.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic 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 ATTACHMENT(S):
Resolution 23-71 11.15.23 LMD 3 Approved Assessment
Resolution 23-71 11.15.23 LMD 3 Abandoned Assessment
RESOLUTION NO. 2023-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION, APPROVING THE ENGINEER’S REPORT,
INCREASING THE ASSESSMENTS FOR LANDSCAPE MAINTENANCE
DISTRICT 3 (CENTEX, TRACT NO. 28626), ORDERING
MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAM AND
ASSESSMENTS, AND PROVIDING FOR THE LEVY OF AN ANNUAL
ASSESSMENT THEREIN
WHEREAS, On April 18, 2001, by Resolution No 2001-31, the City Council of the City of Norco (“City”), State of California, under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code section 22500 et seq.) established the Landscape Maintenance District known as and designated as Landscape Maintenance District No. 3 (Centex, Tract No. Tract 28626); and WHEREAS, Landscape Maintenance District No. 3 funds landscaping services in Landscape Maintenance District No. 3 to maintain the character of the neighborhood (hereafter, referred to as the “District”); and
WHEREAS, on July 19, 2023, the City Council initiated proceedings to increase the assessments and to levy assessments within the District to pay for the increased costs of maintenance and servicing of certain improvements pursuant to the terms and provisions of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.)(the “Omnibus Act” and, together with he 1972 Act and Article XIIID, the “Assessment Law”); and,
WHEREAS, the City Council did order and subsequently receive an Assessment Engineer’s Report (hereafter referred to as the “Engineer’s Report”) prepared by RKA Consultants in accordance with the Assessment Law; and
WHEREAS, the Engineer’s Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk of the City (the “City Clerk”); and WHEREAS, on September 18, 2023, by Resolution No. 2023-60, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land withing the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor or in opposition to the assessment proposed to be levied on such parcel; and
Resolution No. 2023-71, Centex
November 15, 2023
WHEREAS, notices of such hearing, accompanied by assessment ballot materials, were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted and not withdrawn pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), all in the manner proved by the Assessment Law; and WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots submitted and not withdrawn; and WHEREAS, this City Council is now satisfied with the assessments and all matters contained in the Engineer’s Report as submitted.
NOW, THEREFORE, the City Council of the City of Norco, DOES HEREBY RESOLVE as follows:
1. The above recitals are all true and correct and by this reference made an operative part hereof.
2. The City Council hereby finds and determines that the procedures for the levy of annual assessment within the District have been undertaken in accordance with the Assessment Law.
3. The Engineer’s Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District.
4. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk, prior to the close of the Public Hearing, have been tabulated in accordance with the procedures established under the Assessment Law and the results of such tabulation have been submitted to this City Council.
5. This City Council hereby finds that the assessment ballots submitted, and not withdrawn, in favor of the levy of assessments exceed the assessment ballots submitted, and not withdrawn, in opposition to such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, no majority protest to the levy of the proposed assessments within the District has been found to exist.
Resolution No. 2023-71, Centex
November 15, 2023
6. The City Council hereby orders the increase in the assessments as set forth in the Engineer’s Report.
7. Based upon the Engineer’s Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments to be levied for Fiscal Year 2024/25. a. The proportionate special benefit derived by each assessable parcel for the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel.
c. Only special benefits have been assessed, and the general benefits have been separated from the special benefits.
d. All publicly owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits.
8. The assessments for the District contained in the Engineer’s Report for Fiscal Year 2024/25 are hereby confirmed and levied upon the respective lots or parcels within the District as set forth in said Engineer’s Report. Subsequent annual assessments will be subject to an increase for cost of living according to the change in Consumer Price Index (CPI) Riverside-San Bernardino-Ontario for March of each fiscal year.
9. The public interest and convenience require that this City Council does hereby order the maintenance work to be done and performed as set forth in the Engineer’s Report.
10.The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and certified copy thereof, shall be open for public inspection.
11.The City Clerk is hereby ordered and directed to immediately file, by not later than the third Monday in August 2024, a certified copy of the diagram and assessment with the County Auditor.
12. After the filing of the diagram and assessment, the County Auditor shall enter onto the County assessment roll opposite each lot or parcel of land, the amount assessed thereon as shown in the assessment.
Resolution No. 2023-71, Centex
November 15, 2023
13.The assessments shall be collected at the same time and in the same manner as County secured taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection of the assessments.
14.The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2024, and ending June 30, 2025.
15.This resolution shall take effect immediately upon its adoption.
Resolution No. 2023-71, Centex
November 15, 2023
PASSED AND ADOPTED by the City Council of the City of Norco at an adjourned regular meeting held on November 15, 2023.
_____________________________
Mayor of the City of Norco, California
ATTEST:
________________________________
Dana Roa, City Clerk
City of Norco, California
I, DANA ROA, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at an adjourned regular meeting thereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on November 15, 2023. ________________________________
Dana Roa, City Clerk
City of Norco, California
Resolution No. 2023-71, Centex
November 15, 2023
Exhibit A
Certification of Tabulation Official and
Statement of Assessment Ballots Submitted – LMD 3 (Centex)
STATE OF CALIFORNIA )
COUTNY OF RIVERSIDE ) ss.
CITY OF NORCO )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Norco, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted and not withdrawn in the assessment ballot proceedings pertaining to Landscape Maintenance District 3 (Centex, Tract No. 28626) I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
Total assessment ballots submitted and not
withdrawn
Assessment ballots submitted, and not
withdrawn, in favor of the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in favor of the
proposed assessment
Assessment ballots submitted, and not
withdrawn, in opposition to the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in opposition
to the proposed assessment
This certification is executed this 15th day of November 2023 in Norco, California.
By:__________________________
Title:_________________________
RESOLUTION NO. 2023-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION FOR LANDSCAPE MAINTENANCE DISTRICT
3 (CENTEX, TRACT NO. 28626), DETERMINING THE EXISTENCE OF
A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO
INCREASE SUCH ASSESSMENTS THEREIN
WHEREAS, On April 18, 2001, by Resolution No 2001-31, the City Council of the City of Norco (“City”), State of California, under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code section 22500 et seq.) established the Landscape Maintenance District known as and designated as Landscape Maintenance District No. 3 (Centex, Tract No. Tract 28626); and WHEREAS, Landscape Maintenance District No. 3 funds landscaping services in Landscape Maintenance District No. 3 to maintain the character of the neighborhood (hereafter, referred to as the “District”); and
WHEREAS, on July 19, 2023, the City Council initiated proceedings to increase the assessments and to levy assessments within the District to pay for the increased costs of maintenance and servicing of certain improvements pursuant to the terms and provisions of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.)(the “Omnibus Act” and, together with he 1972 Act and Article XIIID, the “Assessment Law”); and,
WHEREAS, on September 18, 2023, by Resolution No. 2023-60, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land withing the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor or in opposition to the assessment proposed to be levied on such parcel; and
WHEREAS, notices of such hearing, accompanied by assessment ballot materials, were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted and not withdrawn pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), all in the manner proved by the Assessment Law; and WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit A
Resolution No. 2023-71, Centex
November 15, 2023
hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots submitted and not withdrawn; and WHEREAS, at this time, based upon the Certificate of Tabulation Official, this City Council hereby determines that the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does exist; and
WHEREAS, as a result of the existence of such majority protest, the Assessment Law prohibits this City Council from increasing the assessments within the District and levying the proposed assessments therein; and
WHEREAS, as the further result of the existence of such majority protest, this City Council desires to abandon the proceedings to increase the proposed assessments within the District.
NOW, THEREFORE, the City Council of the City of Norco, DOES HEREBY RESOLVE as follows:
SECTION 1. Recitals. The above recitals are all true and correct and made an operative part of this Resolution.
SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted, and not withdrawn, pursuant to the Assessment Law in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments and similarly weighted and its is therefore determined pursuant to Assessment Law that a majority protest does exist.
SECTION 3. Abandonment of Proceedings. As a result of the existence of a majority protest to the levy of increased assessments within the District that prohibits this City Council from levying assessments at an increased rate therein as proposed, this City Council hereby orders that all proceedings to increase the assessments as proposed be abandoned.
SECTION 4. Landscape Maintenance District 3 (LMD 3). As a result of the existence of the majority protest and the abandonment of the proceedings to increase assessments, the LMD 3 existing assessments shall remain in full force and effect and the City may continue to levy assessments within the LMD 3 as authorized pursuant to the Assessment Law.
Resolution No. 2023-71, Centex
November 15, 2023
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Norco at an adjourned regular meeting held on November 15, 2023.
_____________________________
Mayor of the City of Norco, California
ATTEST:
________________________________
Dana Roa, City Clerk
City of Norco, California
I, DANA ROA, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at an adjourned regular meeting thereof held on November 15, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on November 15, 2023. ________________________________
Dana Roa, City Clerk
City of Norco, California
Resolution No. 2023-71, Centex
November 15, 2023
Exhibit A
Certification of Tabulation Official and
Statement of Assessment Ballots Submitted – LMD 3 (Centex)
STATE OF CALIFORNIA )
COUTNY OF RIVERSIDE ) ss.
CITY OF NORCO )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Norco, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted and not withdrawn in the assessment ballot proceedings pertaining to Landscape Maintenance District 3 (Centex, Tract No. 28626) I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
Total assessment ballots submitted and not
withdrawn
Assessment ballots submitted, and not
withdrawn, in favor of the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in favor of the
proposed assessment
Assessment ballots submitted, and not
withdrawn, in opposition to the proposed
assessment
Weighted value of assessment ballots
submitted, and not withdrawn, in opposition
to the proposed assessment
This certification is executed this 15th day of November 2023 in Norco, California.
By:__________________________
Title:_________________________