AGENDA
City Council
Wednesday, February 7, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Norco, Administrative Civil Liability Complaint R8-2023- 0056
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiators: City Manager, Finance Director, Planning Director Negotiating parties: City of Norco and Balboa Management Group LLC.
Under negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN: 125-180-012
Agency negotiator: City Manager
Under negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606 RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Chaplain Anderson
Riverside County Sheriffs Department
PRESENTATION Riverside County Sheriffs Department
Recruitment - Lieutenant Jessica Hall
City Council Agenda - February 7, 2024
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. 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.
3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda.
3.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
3.B. Approval of City Council Regular Meeting Minutes.
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of January 17, 2024.
Staff Report - Pdf
3.C. Consideration of the City's Legislative Platform for 2024 RECOMMENDATION:
Adopt Resolution No 2024-04, to approve the Legislative Platform 2024 for the City of Norco, and authorize actions in support of the platform.
Staff Report - Pdf
City Council Agenda - February 7, 2024
3.D. Acceptance of Bids and Award Contract for the Citywide Flooring Project RECOMMENDATION:
Accept bids and award the contract to Lawrence W. Rosine Co. for the Citywide Flooring Project in the amount of $133,866; authorize the City Manager to approve contract change orders up to 10% of the original contract.
Staff Report - Pdf
3.E. New Observance Request: Leaps Day
RECOMMENDATION:
Approve the subcommittee's recommendation regarding Leaps Day.
Staff Report - Pdf
3.F. Acceptance of Bids and Award Contract for the Citywide Facility Painting Project
RECOMMENDATION:
Accept bids and award the contract to Jimenez Painting Company for the Citywide Facility Painting Project in the amount of $127,733; authorize the City Manager to approve contract change orders up to 10% of the original contract.
Staff Report - Pdf
3.G. Donation of $62,000 to the Norco Animal Shelter from the Family Trust of Roberta Ann Hamersma
RECOMMENDATION:
Accept donation of $62,000 to the Norco Animal Shelter by the Family Trust of Roberta Ann Hamersma.
Staff Report - Pdf
4. ITEM(S) PULLED FROM CONSENT CALENDAR
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.
City Council Agenda - February 7, 2024
5.A. Zone Code Amendment 2023-06 (City of Norco): Second reading and approval of Ordinance 1108 approving City initiated amendment to Title 18, Chapter 18.02 - "Definitions", to clarify the definitions of Hotels and Motels to include the maximum stay of 30 consecutive days.
RECOMMENDATION:
Adopt Ordinance No. 1108, approving Zone Code Amendment 2023-06.
Staff Report - Pdf
5.B. Zone Code Amendment 2023-07 (City of Norco): Second reading and approval of Ordinance 1109 approving City initiated amendment to Title 18, Chapter 18.13 – Agricultural Low Density (A-1 Zone) to update to the provisions for large animal-keeping and roosters, clarify the public nuisance and violations for excessive roosters and excessive animal units, and clarify general provisions/development standards including the amendment of the Ostrich Offspring animal units
RECOMMENDATION:
Adopt Ordinance No. 1109, approving Zone Code Amendment 2023-07.
Staff Report - Pdf
5.C. Newcastle Skye Parkridge, LLC Industrial Project Development Agreement/Site Plan 2020-11, Modification No.1 (Newcastle Skye Parkridge, LLC): Second reading and approval of Ordinance No. 1110 approving a development agreement for the industrial project approved under Site Plan 2020-11, consisting of six buildings that total 80,066 square feet at 1004 Parkridge Ave located within the Industrial District of the Gateway Specific Plan with the amendment of the Project Benefit fees to be paid in full prior to the issuance of any permits.
RECOMMENDATION:
Approve Ordinance No.1110 approving the Newcastle Skye Parkridge, LLC Industrial Project Development Agreement with the amendment of the Project Benefit fees to be paid in full prior to the issuance of any permits.
Staff Report - Pdf
6. CITY COUNCIL / STAFF COMMUNICATIONS
7. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
City Council Agenda - February 7, 2024
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.A.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy 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: February 7, 2024 Agenda Item:
3.B.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes.
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of January 17, 2024.
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):
City Council - Jan 17 2024 - DRAFT Minutes
DRAFT - MINUTES
City Council
Wednesday, January 17, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER
CITY HALL - CONF. A AND B
4:00 PM
CITY COUNCIL - PRESENT Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
MEASURE R CITIZENS' OVERSIGHT
COMMITTEE - PRESENT
Richard Beesmer, Member
Sean Gill, Member
John Glaccum, Member
Victoria Leonard, Member
Omar Sanchez, Youth Commissioner
ABSENT Yvonne Shull, Chair
Susan Olmstead-Bowen, Vice Chair
Jerry Burke, Member
JOINT WORKSHOP
CITY HALL - CONF. A AND B
Joint Workshop with Measure R Citizens'
Oversight Committee
City Manager Sassoon made the introduction of the second out of three workshops.
Communications Manager Newton facilitated the Workshop.
City Council and Committee Members discussed the intended purpose and use of Measure R and Measure R funds.
Measure R Citizens' Oversight Committee Member, Sean Gill dismissed himself at 5:37 PM.
Public comments were opened.
City Council Minutes - January 17, 2024
Mike Thompson spoke regarding the Measure R Citizens' Oversight Committee and the use of funds. He addressed Staff on the possibility of providing a list of all project accomplishments that used Measure R funds to assist with understanding what the Measure R funds are used for.
Jim Pollard spoke about his time living here in Norco and discussed the use of Measure R funds for repairs and maintenance. He stated that backyard trails need a maintenance program.
Bill Naylor complimented the City Council and Measure R Citizens' Oversight Committee on their accomplishments to date. He asked that they be cognizant on the use of the Measure R funds and that long term maintenance costs should be included.
He agreed that backyard trails need to be addressed.
Public Comments were closed.
Communications Manager Newton gave a brief overview of the third workshop and concluded the discussion.
City Manager Sassoon thanked the City Council and Committee Members for their participation and thanked Staff for their efforts.
Mayor Bash adjourned the Joint Workshop at 5:55 PM.
CLOSED SESSION
CITY COUNCIL CHAMBER
Mayor Bash Adjourned to Closed Session at 6:08 p.m.
City Attorney Burns read the Closed Session Items into the record.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiators: City Manager, Finance Director, Planning Director Negotiating parties: City of Norco and Balboa Management Group LLC.
Under negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606 RECONVENE PUBLIC SESSION 7:06 PM
City Council Minutes - January 17, 2024
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions on the Closed Session Item discussed. Closed Session Item, Conference With Labor Negotiator, was not discussed.
PLEDGE OF ALLEGIANCE Mayor Pro Tem Greg Newton
INVOCATION Mayor Kevin Bash
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. PUBLIC COMMENTS
Richard MacGregor gifted a painting by former local resident, Gloria Bilotta, to the City of Norco.
John Latta spoke in protest of the rotation decision made for Mayor Pro Tem and the bypassing of Council Member Aleman for the position.
Tami Friedrick spoke regarding her disappointment for the decision made for Mayor Pro Tem and that a fair appointment of the Mayor Pro Tem position was not done.
Trisha Autrey spoke regarding a plea for fairness for the rotation of Mayor Pro Tem and representation of Council Member Aleman. Autrey spoke on her support for a procedure to be put in place for a formal rotation system.
Bonnie Slager spoke regarding the monthly Horseman Association meeting for Thursday night, January 18th at 7 PM, in which one of the topics will be that Quick Crete will not be renewing their lease and the property owner will be present at the meeting to discuss possibilities. She also presented Lieutenant Hall with a halter from the Horseman Association.
Greg Bowen spoke regarding former Council Member, Harvy Sullivan, and his time on the City Council in regards to the Mayor Pro Tem position. He spoke in support of the City Council and their decision made for Mayor Pro Tem.
3. CONSENT CALENDAR
City Council Minutes - January 17, 2024
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda. a) Approval of Consent Calendar as Presented.
M/S GRUNDMEYER/HANNA Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3.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.
3.B. Approval of City Council Regular Meeting Minutes and Special Meeting Minutes.
Action: Approved the City Council Regular Meeting Minutes of December 20, 2023 and Special Meeting Minutes of January 4, 2024.
3.C. Appointments to Regional Boards, Standing Committees and Other City CouncilAppointed Committees for Calendar Year 2024 Action: Approved the City Council appointments to the various standing committees and other governmental agencies for the 2024 calendar year.
3.D. Approval of an increase to the Professional Legal Services Contract with Downey Brand, regarding the Riverside Transmission Reliability Project (RTRP) Action: Approved additional $10,000 for the Downey Brand professional legal services contract.
3.E Quarterly Investment Report for Quarter Ended December 31, 2023
City Council Minutes - January 17, 2024
Action: Received and filed the Quarterly Investment Report for the Quarter Ended December 31, 2023.
3.F. Acceptance of the Norco MDP Line S-2 Storm Drain Project as Complete Action: Accepted the Norco MDP Line S-2 Storm Drain Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
3.G. Acceptance of the Norco Elementary Storm Drain Project as Complete Action: Accepted the Norco Elementary School Storm Drain Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
3.H. Change Order Request for Norco MDP Line S-5E Storm Drain Project (Design) Action: Reviewed and approved Change Order Request in the amount of $18,373 for the Norco MDP Line S-5E Storm Drain Project (Design)
3.I. Resolution authorizing submittal of an application for grant funding from CalRecycle
Action: Adopted Resolution No. 2024-01, authorizing staff to submit an application for payment of grant funds the City of Norco is eligible to receive under SB 1383 Local Assistance Grant Program.
3.J. Adoption of the Norco Local Hazard Mitigation Plan Annex from the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan as Required by the Federal Disaster Mitigation and Cost Reduction Act of 2000 Action: Adopted Resolution No. 2024-02, adopting the Norco Local Hazard Mitigation Plan Annex.
3.K. Consideration of Approval of California Public Employees’ Retirement System (CalPERS) Resolution Fixing the Employer Contribution Under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an Equal Amount for Employees and Annuitants
Action: Approved Resolution No. 2024-03 Fixing the Employer Contribution Under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an Equal Amount for Employees and Annuitants.
City Council Minutes - January 17, 2024
3.L. Acceptance of the Sundance Park Boundary Wall Restoration Project as Complete (Project No. 54410.6)
Action: Accepted the Sundance Park Boundary Wall Restoration Project as complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.
3.M. Change Order Request for North Drive & Grulla Court Storm Drain Project (Design)
Action: Approved Change Order Request in the amount of $11,005 for the North Drive & Grulla Court Storm Drain Project (Design)
3.N. Acceptance of the Citywide FY 22-23 Slurry Seal Project as Complete Action: Accepted the Citywide FY 2022-23 Slurry Seal Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
3.O. Report on Fiscal Year 2022-23 Audited Financial Reports Action: Received and filed the Fiscal Year 2022-23 Audited Financial Reports.
3.P. New Observance Request: National Ag Day
Action: Approved the subcommittee's recommendation to recognize National Ag Day.
4. ITEM(S) PULLED FROM CONSENT CALENDAR
No items were pulled from the Consent Calendar.
5. DISCUSSION / ACTION ITEM(S)
5.A. Grading Policy and Expanding the Definition of an Approved Development Plan Community Development Director Robles presented report on the Grading Policy and Expanding the Definition of an Approved Development Plan.
Council Member Hanna had questions regarding the permits.
Community Development Director Robles answered the questions.
Mayor Pro Tem Newton had questions and concerns.
City Council Minutes - January 17, 2024
Community Development Director Robles and Public Works Director Blais answered questions and addressed concerns.
Mayor Pro Tem Newton had concerns about the wording in the current policy in regards to the use of "hummock".
Mayor Bash had questions and concerns.
Community Development Director Robles and Public Works Director Blais answered questions and addressed concerns.
Mayor Bash opened Public Comment.
Community Member Greg Bowen spoke regarding the difficulties of getting a grading permit from the City of Norco and lack of assistance at the building counter.
No further public comments were received.
Mayor Bash closed Public Comment.
Motion was made.
M/S HANNA/NEWTON Receive and File the Grading Policy and Expanding the Definition of an Approved Development Plan with the word "hummock" to be changed to "mound" at the next scheduled Code Amendment. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. Recognizing 2024 City of Norco Anniversaries
Communications Manager Newton presented report on recognizing 2024 City of Norco Anniversaries. The current Veterans Memorial Plaza logo to be amended with the years of celebration and to have limited merchandise sold at the Veterans Day Ceremony in November.
City Council Minutes - January 17, 2024
Council Member Aleman had questions and concerns regarding the impact on staff.
Communications Manager Newton answered questions and addressed concerns.
Mayor Bash opened Public Comment.
There were no public comments received at this time.
Mayor Bash closed Public Comment.
Mayor Bash had a follow up question regarding a subcommittee.
Communications Manager Newton answered question.
Following discussion, motion was made.
M/S BASH/GRUNDMEYER Approve Staff Recommendations to recognize the 60th Anniversary of the City of Norco's Incorporation and the 10th Anniversary of the George A. Ingalls Veterans Memorial Plaza. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
6.A. Zone Code Amendment 2023-06 (City of Norco): A City initiated amendment to Title 18, Chapter 18.02 - "Definitions", to clarify the definitions of Hotels and Motels to include the maximum stay of 30 consecutive days.
Community Development Director Robles presented report on Zone Code Amendment 2023-06.
City Council had no questions or concerns.
Mayor Bash opened Public Comment.
City Council Minutes - January 17, 2024
There were no public comments at this time.
Mayor Bash closed Public Comment.
City Attorney Burns read the Title of the Zone Code Amendment into the record.
Motion was made.
M/S ALEMAN/GRUNDMEYER Adopt Ordinance No. 1108, approving Zone Code Amendment 2023-06. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.B. Zone Code Amendment 2023-07 (City of Norco): A City initiated amendment to Title 18, Chapter 18.13 – Agricultural Low Density (A-1 Zone) to update to the provisions for large animal-keeping and roosters, clarify the public nuisance and violations for excessive roosters and excessive animal units, and clarify general provisions/development standards.
Community Development Director Robles presented report on Zone Code Amendment 2023-07.
Council Member Aleman had concerns about the requirement for ostrich offspring.
Council Member Hanna had a question regarding roosters.
Community Development Director Robles and Animal Control Superintendent Sparks III answered questions and addressed concerns.
Mayor Bash had concerns regarding enforcement.
City Manager Sassoon addressed concerns and clarified the purpose of the Zone Code Amendment.
Mayor Bash opened Public Comment.
There were no public comments at this time.
City Council Minutes - January 17, 2024
Mayor Bash closed Public Comment.
City Attorney Burns read the Title of the Zone Code Amendment into the record.
Motion was made.
M/S ALEMAN/GRUNDMEYER Adopt Ordinance No. 1109, approving Zone Code Amendment 2023-07. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.C. Newcastle Skye Parkridge, LLC Industrial Project Development Agreement/Site Plan 2020-11, Modification No.1 (Newcastle Skye Parkridge, LLC): A request for approval of a development agreement for the industrial project approved under Site Plan 2020-11, consisting of six buildings that total 80,066 square feet at 1004 Parkridge Ave located within the Industrial District of the Gateway Specific Plan.
Community Development Robles presented report on Site Plan 2020-11.
Mayor Pro Tem Newton had a question regarding payment.
Community Development Director Robles answered the question.
Council Member Aleman had questions and concerns regarding public benefit fees.
Community Development Director Robles answered questions and addressed concerns.
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
Council Member Aleman suggested to amend the agreement to include that public benefit fees be paid in full before building permits are issued.
City Council Minutes - January 17, 2024
Mayor Bash reopened Public Comment for the applicant.
Applicant Courtney Wing with Newcastle Skye Parkride, LLC stated they will agree to pay the public benefit fee in full before building permits are issued.
Mayor Bash closed Public Comment.
City Attorney Burns read the Title of the Development Agreement into the record.
Motion was made.
M/S ALEMAN/NEWTON Approve the Newcastle Skye Parkridge, LLC Industrial Project Development Agreement with the amendment to have the public benefit fees paid in full before permits are issued. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, AND HANNA
NOES: GRUNDMEYER
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
Mayor Bash asked to agendize a review of the entertainment license requirements to separate karaoke from other live music. No second was received.
Mayor Bash asked to have the Sound Ordinance be reviewed as there are three locations that he is aware of that are constant nuisances.
City Manager Sassoon stated Staff is working on improving and strengthening the Sound Ordinance and to allow Staff until March to bring back to City Council for further review.
M/S BASH/GRUNDMEYER Agendize Sound Ordinance Review in March. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - January 17, 2024
8. ADJOURNMENT
Mayor Bash adjourned the meeting at 8:22 PM.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.C.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration of the City's Legislative Platform for 2024 RECOMMENDATION:
Adopt Resolution No 2024-04, to approve the Legislative Platform 2024 for the City of Norco, and authorize actions in support of the platform.
SUMMARY:
The City actively participates in legislative advocacy on a variety of topics, both at the state and federal levels, around issues and priorities that impact the City of Norco. The adoption of a Legislative Platform provides a framework for that engagement during the legislative sessions.
BACKGROUND:
The City of Norco engages on a regular basis with our state and federal legislators on a wide variety of issues.
In order to provide a framework for guidance on these legislative activities, the proposed Legislative Platform has once again been developed for Council's consideration this year. The Platform establishes the City's legislative priorities, and is rooted in the City's mission, vision, and Strategic Plan. The Platform is the statement of the City's official positions on these various legislative issues for this legislative year.
Once the platform is adopted, as legislative proposals are put forward that are in support of and consistent with the City's Legislative Platform, staff can then draft letters of support for the Mayor's consideration and signature. Staff, Council Members, and our state advocacy firm may also take other actions, such as making phone calls or meeting with legislators and their staffs to discuss Norco's positions. Similarly, if there are proposals that are in opposition to or otherwise do not support the City's Legislative
Platform, letters of opposition may be drafted, and other contacts made to express the City's concerns.
The draft Legislative Platform is generally organized around the City's 2022-2026 Strategic Plan, with the addition of the overriding priority of "Local Control". The complete Legislative Platform is found in Exhibit A of the proposed Resolution. The Platform is meant to provide a general, overarching guide in these topic areas of concern and support. Over time, the Council will likely refine the platform to include additional topics.
This year's Legislative Platform remains unchanged from the prior year, except for the recommended addition of a statement in support of local control over licensed and unlicensed group homes. This has yet been a significant issue in Norco, but has been in other nearby areas, so this addition is recommended.
The proposed resolution also authorizes the Mayor and City Manager, and their designees, to take action on behalf of the City in support of the Legislative Platform.
These actions include, but are not limited to, signing letters on behalf of the City, sending emails, making telephone calls, and meeting with legislators, their staffs, and government agency officials. The City Manager will be responsible for keeping track of the City’s advocacy work, and reporting those activities to the City Council on a regular basis. The City Council will receive copies of all letters signed by the Mayor in support of or opposition to any state or federal legislative or regulatory action.
FISCAL IMPACT:
None
RELATIONSHIP TO STRATEGIC PLAN:
This action supports the City's Strategic Plan by providing a structured way in which the City will advocate for legislation that is in support of the City's Strategic Priorities, and oppose legislation that does not support those priorities.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Legislative Platform 2024
Reso No. 2024-04
Exhibit A
City of Norco 2024 Legislative Platform
1. Overarching Priority: Local Control
a. Retain local control over all land use decision-making. b. Retain control of local revenues and how revenues are obtained and expended at the local level.
c. Advocate for equitable distribution of online sales taxes. d. Oppose any actions that seek to reduce city authority and/or increase state authority over operations of our cities.
e. Support the home rule authority of charter cities.
f. Support efforts to provide local control to cities to regulate licensed and unlicensed group homes.
2. Public Health, Safety, and Wellness
a. Advocate for funds to support full undergrounding of the Riverside Transmission Reliability Project (RTRP), and oppose all efforts for RTRP construction of above ground high-voltage power lines.
b. Support collaborative efforts to provide services, shelter, and housing for homeless neighbors; advocate for federal and state funding for these programs.
c. Support public safety programs and funding for police, fire, and animal control services.
d. Advocate for the closure of the California Rehabilitation Center Norco (CRC) and adaptive reuse of the Norconian Hotel and Resort property. e. Support legislation that protects working animals, and promotes the use of working animals.
f. Strengthen traffic safety laws; promote driver education and traffic calming measures.
3. Human Capital
a. Oppose state measures and mandates that increase personnel salary, benefits, and other related costs to cities.
4. Economic Development and Financial Stability.
a. Support the development and operation of the Navy’s Technology Bridge in Norco.
b. Advocate for funding for adaptive reuse and/or historic preservation; seek the expansion of the Norconian’s designation on the National Register of Historic Places to include the entire Norconian District. c. Support measures that promote local economic development and give cities flexible economic development tools.
d. Oppose unfunded mandates.
e. Advocate for state funds to help meet the state’s affordable and workforce housing mandates.
5. Communication and Stakeholder Experience
a. Support measures that encourage small farms and agricultural activities. b. Advocate for the equestrian and animal-keeping lifestyles; oppose any measures that would adversely impact these lifestyles.
6. Infrastructure and Asset Management
a. Support measures to secure water resources and enhance water supply. b. Advocate for funds to support recycled water infrastructure. c. Oppose any diversion of existing funding sources for street and other infrastructure maintenance.
d. Advocate for funding towards demolition and remediation for the former State sewer plant that was used by CRC, and transfer of the site (once clean) to the City for open space.
RESOLUTION NO. 2024-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, ADOPTING A LEGISLATIVE PLATFORM
FOR THE CITY OF NORCO AND AUTHORIZING ACTIONS IN
SUPPORT OF THE PLATFORM
WHEREAS, the City of Norco actively participates in legislative advocacy on a variety of topics, both at the State and Federal levels; and WHEREAS, State, Federal, and other levels of government often propose policies, programs, and regulations that can have either positive or negative impacts on the City’s mission, vision, Strategic Plan, and furtherance of our equestrian and animalkeeping lifestyle; and WHEREAS, the City often desires to take positions on proposed legislation, rulemaking, or other State or Federal actions that can require a timely response in order for the City to have its voice heard before decisions are made that will impact Norco; and WHEREAS, a Legislative Platform has been developed for 2024 that can guide those legislative advocacy actions taken by the Mayor or City Staff in furtherance of that Platform.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby take the following actions:
1. The 2024 Legislative Platform, marked as Exhibit A to this resolution, is hereby adopted.
2. The Mayor and the City Manager, and their designees, are hereby authorized to take advocacy actions on behalf of the City of Norco in support of the City’s Legislative Platform. These actions include, but are not limited to, signing letters on behalf of the City, sending emails, making telephone calls, and meeting with legislators, their staffs, and government agency officials.
3. The City Manager will be responsible for keeping track of the City’s advocacy work, and reporting those activities to the City Council on a regular basis. The City Council will receive copies of all letters signed by the Mayor in support of or opposition to any State or Federal legislative or regulatory action.
Resolution No. 2024-04 – Adopting Legislative Platform for City of Norco
February 7, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on February 7, 2024.
___________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2024-04 – Adopting Legislative Platform for City of Norco
February 7, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on February 7, 2024 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 February 7, 2024. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit A - 2024 Legislative Platform
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.D.
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:
Acceptance of Bids and Award Contract for the Citywide Flooring Project RECOMMENDATION:
Accept bids and award the contract to Lawrence W. Rosine Co. for the Citywide Flooring Project in the amount of $133,866; authorize the City Manager to approve contract change orders up to 10% of the original contract.
SUMMARY:
The Citywide Flooring Project consists of the removal and replacement of flooring at Fire Station 57, Senior Center, and the Scout House. All locations receiving new flooring are in daily operational use and require replacement. The project also includes the removal and installation of new cove base, moisture barriers, floor prep, and furniture/equipment moving services.
BACKGROUND:
Each facility included in this project has a different scope of work due to its unique features. The scope of work for each facility includes the following:
Fire Station 57 - Installation of carpet tiles in the dorm rooms, living room, and captain quarters. The installation of Laminate Vinyl Tile (LVT) and walk off matts will be installed for the remainder of the flooring for the station with exception to the the station's work out room that is currently surfaced with rubber matting.
Senior Center - Installation of new LVT in the activity room where dance classes along with other recreational activities are conducted for the seniors in the community.
Scout House - Installation of new LVT in the main rooms of the facility. Vinyl sheet flooring will also be installed in the bathrooms. This facility is currently serving the Wee People Playschool, Cub Scouts, Boy Scouts, and Taekwondo classes.
On December 8, 2023, staff released the Notice of Inviting Bids for the Citywide Flooring Project. On January 9, 2024 bids were received on the City's electronic bidding services website, PlanetBids. One bid was received in the amount of $133,866 as shown in the bid breakdown, Attachment B.
Lawrence W. Rosine Co. was the lowest responsible bidder in the amount of $133,866.
The contractor has conducted similar work for Chino Valley Unified School District and Coast Community College District. Staff has verified that Lawrence W. Rosine Co. has a valid Class C-15 California State Contractors License to perform the work described in the Notice of Inviting Bids for the project. In addition, staff has verified that the contractor can meet the insurance requirements for this project.
The Fiscal Year 2023-24 Capital Improvement Budget includes an approved budget amount of $250,000 for the Citywide Flooring Project. The total cost for this project including a 10% contingency is $147,253. If approved, Lawrence W. Rosine Co. will coordinate with staff on scheduling the work to be as least impactful to operations at all facilities.
This project was previously awarded to Moore Flooring, Inc. on June 21, 2023 in the amount of $216,707. Moore Flooring Inc. was unable to meet the insurance requirements for the project and did not execute a contact agreement for the project. In addition, staff was proposing to reduce the scope of work by 50% to exclude The Hall from the project. At this time, The Hall had several roof leaks along with other significant factors that made staff reconsider the flooring improvements. The second lowest bidder was not contacted and staff elected to rebid the project in December 2023 without the improvements to The Hall. The City Attorney will be sending out a termination of award to Moore Flooring Inc. and no further action is required.
FISCAL IMPACT:
The Citywide Flooring Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-23. Funds in the amount of $250,000 in Measure R Funds were carried over and appropriated in Fiscal Year 2023-24 in account 132.910.43115 for the Citywide Flooring Project, Project No. 54303.9 and are sufficient to fund the project.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A_Citywide Flooring Project Contract Agreement Attachment B_Citywide Flooring Project Bid Breakdown
Attachment C_Lawrence W. Rosine Co. Bid
Attachment D_Lawrence W. Rosine Co. Bid Bond
1 CONTRACT AGREEMENT
CITY OF NORCO
CITYWIDE FLOORING PROJECT
1. Parties and Date.
This Agreement is made and entered into this 7th day of February 2024 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Lawrence W. Rosine Co, a corporation with its principal place of business at 4601 Littlejohn Street, Baldwin Park, California 91706 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the CITYWIDE FLOORING PROJECT on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the CITYWIDE FLOORING PROJECT (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the CITYWIDE FLOORING PROJECT. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services
2 within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Andrew Rosine, President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3 3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages.
Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
4 provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and nonowned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard,
5 either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and products/completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee.
Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to
6 City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the
7 required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
8 3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference.
Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
9 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
10 3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. The contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Lawrence W. Rosine Co.
4601 Littlejohn Street
Baldwin Park, California 91706
Attention: Andrew Rosine, President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
12 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For
13 the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
LAWRENCE W. ROSINE CO.:
*By:
________________________________________________
Signature
________________________________________________
14 Name and Title
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash - Mayor
ATTEST:
________________________________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney
15 EXHIBIT A
CITYWIDE FLOORING PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of the removal and replacement of flooring at Norco Fire Station 57 (3367 Corydon Avenue), Norco Senior Center (2690 Clark Avenue), and The Scout House (3939 Cedar Avenue). The specified flooring is our standard. Flooring of a comparable quality can be substituted.
The City of Norco reserves the right to approve any changes to the brand of flooring and color. The flooring specs will need to be in the completed bid package
City of Norco
Bid Results for Project CITYWIDE FLOORING PROJECT (54303.9) Issued on 12/08/2023
Bid Due on January 09, 2024 10:00 AM (PST)
Exported on 01/27/2024
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Quantity
Lawrence W Rosine Co. -
Unit Price
Lawrence W Rosine Co. -
Line Total
1 Add Line Item Mobilization (Includes all locations; Fire Station 57, Senior Center, and The Scout House) L.S. 1 $1,200.00 $1,200.00 2 Fire Station 57 Remove, Dispose, and Install Carpet Tiles in dorm rooms, living room, and captain quarters. S.Y. 198 $60.00 $11,880.00 3 Fire Station 57 Remove all cove base and install new 4” cove base color. L.F. 960 $2.80 $2,688.00
4 Fire Station 57 Repair any damaged drywall from removal of cove base. L.S. 1 $550.00 $550.00
5 Senior Center Installation of Laminate Vinyl Tile (LVT), including floor prep, leveling, skim coat, and adhesive. S.F. 2320 $12.25 $28,420.00 6 Senior Center Repair any damaged drywall from removal of cove base. L.S. 1 $550.00 $550.00
7 Senior Center Remove all cove base and install new 4” cove base black in color. L.F 240 $5.50 $1,320.00
8 Fire Station 57 Removal and Reinstallation of all furniture, kitchen appliances, and various other housed items. L.S 1 $1,600.00 $1,600.00 9 Fire Station 57 Installation of carpeted walk off tiles. S.Y. 26 $75.00 $1,950.00 10 Fire Station 57 Installation of Laminate Vinyl Tile (LVT), including floor prep, leveling, and adhesive. S.F. 1204 $12.25 $14,749.00 11 Fire Station 57 Demo, remove, and dispose of existing ceramic tile. S.F. 360 $4.25 $1,530.00
12 Scout House Installation of Laminate Vinyl Tile (LVT), including floor prep, skim coat, leveling, and adhesive. S.F. 4577 $12.25 $56,068.25 13 Scout House Remove and dispose of Vinyl Composite Tile (VCT) and sheet vinyl. S.F. 4577 $0.85 $3,890.45
14 Scout House Remove and dispose of existing carpet. S.Y. 40 $25.00 $1,000.00 15 Scout House Repair any damaged drywall from removal of cove base. L.S. 1 $550.00 $550.00
16 Scout House Removal and Replacement of 4” cove base
black in color. L.F. 740 $3.00 $2,220.00
17 Scout House Installation of sheet vinyl flooring, including the labor of removing and reinstallation of toilets. E.A. 1 $3,700.00 $3,700.00 Subtotal $133,865.70
Total $133,865.70
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.E.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Kelli Newton, Communications Manager
Department: Communications
SUBJECT:
New Observance Request: Leaps Day
RECOMMENDATION:
Approve the subcommittee's recommendation regarding Leaps Day.
SUMMARY:
Leaps and Bounds Pediatric Therapy has requested that the City of Norco proclaim February 29, 2024 as 'Leaps Day.' This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.
Because ‘Leaps Day’ brings attention to a specific business and is not listed on one of the accepted observance databases, the subcommittee did not recommend approval of the proclamation request. The subcommittee did, however, encourage the business to reach out to the Norco Area Chamber of Commerce for a potential collaboration to celebrate ‘Leaps Day’ locally.
BACKGROUND:
In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
Step 1: Subcommittee reviews request and makes recommendation to staff Step 2: City Council determines if the request and recommendation should be approved, denied or amended
New Observance Request
Leaps and Bounds Pediatric Therapy, a business located in Norco, has requested that the City of Norco proclaim February 29, 2024 as 'Leaps Day,' in conjunction with Leap Day, in honor of the business. The email request (Exhibit C) states that the City
previously proclaimed 'Leaps Day' in 2016, however staff was not able to locate record of this recount. This observance is not on the approved lists of observances, therefore it requires subcommittee review and City Council consideration.
Subcommittee Recommendation
To date, the City Council Subcommittee, consisting of Council Member Robin Grundmeyer and Council Member Katherine Aleman, has used three professionallyaccepted databases to cross-reference observance requests:
National Day Calendar: www.nationaldaycalendar.com
National Today: www.nationaltoday.com
List of National Days: www.listofnationaldays.com
Exhibits A and B include approved national holidays, observances and commemorative days that are 1) listed on at least one of the aforementioned databases, and 2) recognized by other governmental agencies (e.g., federal holidays) and/or align with the City of Norco's values (e.g., animal-keeping/equestrian, community engagement, cultural inclusivity, patriotism, preservation, public safety, recreation, etc.). Additionally, the exhibits include previously proclaimed local observances (e.g., Norco's Birthday, George Alan Ingalls Day, Rose M. Eldridge Day).
Because ‘Leaps Day’ brings attention to a specific business and is not listed on one of these databases, the subcommittee did not recommend approval of the proclamation request. The subcommittee did, however, encourage the business to submit their observance to the databases for national recognition and exposure, and to reach out to the Norco Area Chamber of Commerce for a potential collaboration to celebrate ‘Leaps Day’ locally.
City Council Consideration
The City Council may approve, deny or amend the recommendation.
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item is consistent with Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
ATTACHMENT(S):
Exhibit A
Exhibit B
Exhibit C
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 1-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 1-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Creation of the Norco Township 13-May X
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 4-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
May
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
National Voter Registration Day Fourth Tuesday in September X Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 2-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 2-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
September
October
November
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 4-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 1-Feb X
Korean New Year 1-Feb X
National Girls and Women in Sports Day 2-Feb X
National Boy Scouts Day 8-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 1-Mar X
National Read Across America Day 2-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Ag Day 19-Mar X X X
National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
Red Cross Month Month X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
World Wish Day 29-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
National Therapy Animal Day 30-Apr X
Day of the Child Varies X
Donate Life Month Month X X
National Star Wars Day 4-May X
Cinco de Mayo 5-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
Small Business Week First Week in May X
National Police Week Week of May 15th X
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
National Pet Month Month X X
National Drive-In Movie Day 6-Jun X X X X
D-Day 6-Jun X
Social Media Day 30-Jun X
National Safety Month Month X X X
National Post-Traumatic Stress Disorder Awareness Month Month X Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September N/A
National Coffee with a Cop Day 6-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday in October X
National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
Childhood Cancer Awareness Week Week of October 9-15
Red Ribbon Week Week of October 23-31 X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 7-Dec X
National App Day 11-Dec X
July
November
December
May
June
October
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.F.
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:
Acceptance of Bids and Award Contract for the Citywide Facility Painting Project RECOMMENDATION:
Accept bids and award the contract to Jimenez Painting Company for the Citywide Facility Painting Project in the amount of $127,733; authorize the City Manager to approve contract change orders up to 10% of the original contract.
SUMMARY:
The Citywide Facility Painting Project consist of new exterior paint for Fire Station 47, Senior Center, Scout House, and the Community Center. The buildings included in this project have exterior paint that is over 20 years old and there is a need to repaint these buildings to extend the life of the facility’s exterior from weather damage and deterioration.
BACKGROUND:
Exterior paint is a protective shield that helps to slow down degradation. Paint locks out moisture and corrosive chemicals, blocks the sun's harmful ultraviolet rays, and can help insulate against the harmful effects of extreme temperatures. All four facilities included in the scope of work have exterior paint that is faded and not longer protecting the structures as intended.
Each facility included in this project has a different scope of work due to its unique features. The scope of work for each facility includes the following:
Fire Station 47 - Exterior preparation and paint of building, apparatus bay doors, fencing, gates, trash and generator enclosure, doors, and window trims. This project also includes stucco and wood damage repairs.
Senior Center - Exterior preparation and paint of building, handrails, trash enclosure, doors, window trims, curbs, and vinyl railing.
Scout House - Exterior preparation and paint of building, doors, window trims, handrails, and swing gates. This project also includes stucco and wood damage repairs along with the replacement of rain gutters since the existing rain gutters are damaged beyond repair.
Community Center - Exterior preparation and paint of building, doors, window trims, and handrails. This project also includes stucco and wood damage repairs along with the replacement of rain gutters since the existing rain gutters are damaged beyond repair.
On December 8, 2023, staff released the Notice of Inviting Bids for the Citywide Facility Painting Project. On January 9, 2024 bids were received on the City's electronic bidding services website, PlanetBids. Eight bids were received that ranged from $101,000 to $283,000 as shown in the bid breakdown, Attachment B.
The lowest bidder, D&T Painting withdrew their bid due to a calculation error. The next lowest responsible bidder is Jimenez Painting Company in the amount of $127,733. The contractor has conducted similar work for the City of Santa Monica, City of Oxnard, and the California Department of Transportation (Caltrans). Jimenez Painting Company has a valid C-33 California State Contractors License to perform the work described in the Notice of Inviting Bids for the project. In addition, staff has verified that the contractor can meet the insurance requirements for this project.
The Fiscal Year 2023-24 Capital Improvement Budget includes an approved budget amount of $250,000 for the Citywide Facility Painting Project. The total cost for this project including a 10% contingency is $140,507. If approved, Jimenez Painting Company will coordinate with staff on scheduling the work to be as least impactful to operations at all facilities.
FISCAL IMPACT:
The Citywide Facility Painting Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-23. Funds in the amount of $250,000 in Measure R Funds were carried over and appropriated in Fiscal Year 2023-24 in account 132.910.43115 for the Citywide Facility Painting Project, Project No. 54303.8 and are sufficient to fund the project.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director
Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A_Citywide Facility Painting Project _ Contract Agreement Attachment B_Citywide Painting Bid Breakdown
Attachment C_Jimenez Painting Bid
Attachment D_Jimenez Painting Bid Bond
1 CONTRACT AGREEMENT
CITY OF NORCO
CITYWIDE FACILITY PAINITNG PROJECT
1. Parties and Date.
This Agreement is made and entered into this 7th of February 2024 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and US National Corporation, dba Jimenez Painting Company, a corporation with its principal place of business at 10205 San Fernando Road, Pacoima, California 91331 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the CITYWIDE FACILITY PAINTING PROJECT on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing painting services for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the city.
2.2 Project.
The City desires to engage the Contractor to render such services for the CITYWIDE FACILITIES PAINTING PROJECT (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the city all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the CITYWIDE FACILITIES PAINTING PROJECT. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.
2 3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Project shall be constructed by a Contractor or under its supervision. Contractor will determine the means, methods, and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. The contractor shall pay all wages, salaries, and other amounts due to such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. The contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by the Contractor shall be subject to the approval of the City.
3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Fred Jimenez, President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). The contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods,
3 techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. The contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. The contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project.
Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages.
Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. The contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, directors,
4 officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and nonowned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations. $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard,
5 either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and products/completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary, and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee.
Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to
6 City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.
The contractor shall furnish the City with all certificates(s) and applicable endorsements affecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the
7 required insurance shall be sufficient cause for City to terminate this Contract. No action taken by the City hereunder shall in any way relieve the Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
8 3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the city.
3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such a bond is required, no payment will be made to the Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in the City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, the Contractor shall renew or replace the affected bond within 10 days of receiving notice from the City.
In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in the Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the city. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference.
Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
9 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the number of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. The city shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. The contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site. The contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
10 3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
US National Corporation, dba Jimenez Painting Company
10205 San Fernando Road
Pacoima, CA 91331
Attention: Fred Jimenez, President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
12 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be workdays (Monday through Friday, excluding holidays). All references to the Contractor include all personnel, employees, agents, and subcontractors of the Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. The contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach
13 or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
14 US National Corporation, dba Jimenez Painting
Company:
*By:
________________________________________________
Signature
________________________________________________
Name and Title
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney
15 EXHIBIT A
CITYWIDE FACILITY PAINTING PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of the preparation and painting of the buildings at Norco Fire Station 47 (3902 Hillside Avenue), Norco Senior Center (2690 Clark Avenue), The Scout House (3939 Cedar Avenue), and Community Center (3900 Acacia Ave). Dunn Edwards paint has been specified or comparable product. Must be approved by City of Norco.
City of Norco
Bid Results for Project CITYWIDE FACILTY PAINTING PROJECT (54303.8)Issued on 12/08/2023Bid Due on January 09, 2024 10:15 AM (PST)Exported on 01/27/2024Line Totals (Unit Price * Quantity)Item Num Description Unit of Measure Quantity
D and T Painting -
Unit Price
D and T Painting - Line Total
U.S National Corp - Unit Price
U.S National Corp - Line Total
Perfection Painting Corp - Unit Price
Perfection Painting Corp - Line Total
AJ Fistes Corporation - Unit Price
AJ Fistes Corporation - Line Total
AM Painting Inc - Unit Price
AM Painting Inc - Line Total
Innovation Painting Inc - Unit Price
Innovation Painting Inc - Line Total
Color New Co - Unit Price
Color New Co - Line Total
ISR Painting & Wallcovering Inc. -
Unit Price
ISR Painting & Wallcovering Inc. -
Line Total
1 Mobilization (Includes all locations; Fire Station 47, Senior Center, Scout House, and Community Center) LS 1 $23,800.00 $23,800.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $500.00 $500.00 $36,000.00 $36,000.00 $26,400.00 $26,400.00 $2,000.00 $2,000.00 $7,000.00 $7,000.00 2 Scout House Remove all rain gutters and down spouts. (Measurement does not include down spouts – include in bid) LS 1 $2,000.00 $2,000.00 $300.00 $300.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 $4,400.00 $4,400.00 3 Scout House Prep building for painting, patch all stucco and damaged wood, (pressure wash building, scrape off loose paint) LS 1 $1,100.00 $1,100.00 $1,500.00 $1,500.00 $16,000.00 $16,000.00 $12,400.00 $12,400.00 $5,000.00 $5,000.00 $7,900.00 $7,900.00 $4,000.00 $4,000.00 $7,000.00 $7,000.00 4 Scout House Paint all the doors and window trim and exterior stucco walls and roof flashing. LS 1 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $2,000.00 $2,000.00 $2,150.00 $2,150.00 $20,000.00 $20,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $14,604.55 $14,604.55 5 Scout House Install new seamless rain gutters with down spouts. Down spouts must be in the same location. (Color TBD) LS 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $14,100.00 $14,100.00 $10,000.00 $10,000.00 $10,800.00 $10,800.00 $14,000.00 $14,000.00 $11,000.00 $11,000.00 6 Scout House Prep and paint 3 metal handrails 4ft tall.12 linear feet. (Color TBD) LS 1 $199.30 $199.30 $500.00 $500.00 $1,000.00 $1,000.00 $425.00 $425.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 7 Senior Center Prep and paint red/blue curbs. Stencil curbs. 650 linear feet LF 650 $10.77 $7,000.50 $2.00 $1,300.00 $3.00 $1,950.00 $6.30 $4,095.00 $7.70 $5,005.00 $6.16 $4,004.00 $6.15 $3,997.50 $6.55 $4,257.50 8 Senior Center Prep and paint metal handrail by kitchen back door (Color TBD) LS 1 $400.00 $400.00 $500.00 $500.00 $1,000.00 $1,000.00 $290.00 $290.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,145.00 $1,145.00 9 Senior Center Prep and paint metal trash enclosure. (Color TBD) EA 1 $400.00 $400.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $550.00 $550.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $7,000.00 $7,000.00 $2,888.00 $2,888.00 10 Senior Center Prep and paint stucco walls and exterior wood awning, posts, and window trim. 5 doors. Roof flashing is to be painted. (Color TBD) LS 1 $7,000.00 $7,000.00 $40,000.00 $40,000.00 $27,000.00 $27,000.00 $21,150.00 $21,150.00 $35,000.00 $35,000.00 $20,897.40 $20,897.40 $20,000.00 $20,000.00 $60,455.00 $60,455.00 11 Community Center Removal of approx. 440’ of rain gutters and the down spouts are not included in the measurement. Patch all holes. LS 1 $600.00 $600.00 $500.00 $500.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $10,250.00 $10,250.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 12 Community Center Prep and paint stucco walls. (Patch all stucco, and wood) (Color TBD) LS 1 $7,000.00 $7,000.00 $45,000.00 $45,000.00 $27,000.00 $27,000.00 $25,600.00 $25,600.00 $35,000.00 $35,000.00 $24,000.00 $24,000.00 $40,000.00 $40,000.00 $32,580.00 $32,580.00 13 Community Center Prep and paint all doors, all window trims, and crawl space access. (Color TBD) LS 1 $5,000.00 $5,000.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $13,687.00 $13,687.00 14 Community Center Prep and paint all roof flashing. (Color TBD) LS 1 $2,000.00 $2,000.00 $800.00 $800.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $3,375.00 $3,375.00 15 Community Center Prep and paint 3 metal handrails. (Color TBD) LS 1 $400.00 $400.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $950.00 $950.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $1,558.00 $1,558.00 16 Community Center Install new seamless rain gutters with 12 down spouts. (Color TBD) LS 1 $2,500.00 $2,500.00 $4,300.00 $4,300.00 $2,000.00 $2,000.00 $16,500.00 $16,500.00 $18,000.00 $18,000.00 $10,250.00 $10,250.00 $20,000.00 $20,000.00 $16,800.00 $16,800.00 17 Fire station 47 Prep building for exterior paint. Patch any damaged wood, stucco, and any metal trim. (Color TBD) LS 1 $8,000.00 $8,000.00 $1,500.00 $1,500.00 $27,000.00 $27,000.00 $31,000.00 $31,000.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $50,000.00 $50,000.00 $40,000.00 $40,000.00 18 Fire station 47 Prep and paint 540 ft of wood awning and supports. Wood damage needs to be patched before painting. (Color TBD) LS 1 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $3,240.00 $3,240.00 $3,500.00 $3,500.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $9,695.00 $9,695.00 19 Fire Station 47 Prep and paint 15 single man doors. Prep and paint 1 double door. (Color TBD) LS 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $2,920.00 $2,920.00 $2,500.00 $2,500.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 $3,750.00 $3,750.00 20 Fire Station 47 Prep and paint all window trim and roof flashing. (Color TBD) LS 1 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $11,200.00 $11,200.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $18,985.00 $18,985.00 21 Fire Station 47. Prep and paint rod iron fence /gates and drive through gate. Approx 57’. (Color TBD) LS 1 $1,500.00 $1,500.00 $3,800.00 $3,800.00 $3,000.00 $3,000.00 $2,200.00 $2,200.00 $4,500.00 $4,500.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 22 Fire Station 47 Prep and paint trash and generator enclosures. (Color TBD) EA 3 $200.00 $600.00 $300.00 $900.00 $1,000.00 $3,000.00 $1,066.00 $3,198.00 $1,000.00 $3,000.00 $2,333.00 $6,999.00 $1,667.00 $5,001.00 $2,000.00 $6,000.00 23 Fire Station 47 Paint outside garage wood eaves and flashing. (Color TBD) LS 1 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $6,700.00 $6,700.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $10,000.00 $10,000.00 $4,420.00 $4,420.00 24 Prep, Primer, and topcoat of approx. 85’ of vinyl clad pony wall. Approx. Height is 4’ LF 85 $94.12 $8,000.20 $9.80 $833.00 $11.00 $935.00 $12.80 $1,088.00 $41.20 $3,502.00 $11.76 $999.60 $188.20 $15,997.00 $26.47 $2,249.95 25 Scout House Preparation and painting of 2 metal A frame swing gates. The color shall be safety yellow. EA 2 $250.00 $500.00 $250.00 $500.00 $500.00 $1,000.00 $325.00 $650.00 $500.00 $1,000.00 $2,000.00 $4,000.00 $1,500.00 $3,000.00 $500.00 $1,000.00 26 Fire Station 47 Preparation and painting of 6 bay doors, 1 single car garage and a two-car garage door. LS 1 $3,000.00 $3,000.00 $2,800.00 $2,800.00 $2,000.00 $2,000.00 $38,000.00 $38,000.00 $3,500.00 $3,500.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $7,150.00 $7,150.00 Subtotal $101,000.00 $127,733.00 $137,885.00 $215,906.00 $226,707.00 $254,000.00 $265,995.50 $283,000.00 Total $101,000.00 $127,733.00 $137,885.00 $215,906.00 $226,707.00 $254,000.00 $265,995.50 $283,000.00
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
3.G.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Donation of $62,000 to the Norco Animal Shelter from the Family Trust of Roberta Ann Hamersma
RECOMMENDATION:
Accept donation of $62,000 to the Norco Animal Shelter by the Family Trust of Roberta Ann Hamersma.
SUMMARY:
Authorize the acceptance of a donation to the Norco Animal Shelter in the amount of $62,000 by the Family Trust of Roberta Ann Hamersma, City of Norco Resident.
BACKGROUND:
On September 6, 2023, the City of Norco received a Receipt, Release and Refunding Agreement regarding the Family Trust of Roberta Ann Hamersma (Trust) naming the City of Norco as a beneficiary to the Trust. The Agreement outlined that the Norco Animal Shelter would receive 5% of the trust. On January 22, 2024, a check was received by the City of Norco Animal Shelter from the Trust in the amount of $62,000 to be used in the spirit it was given, to be generous and do good.
Expenditure plans for the use of these funds will be developed for Council's consideration as part of the FY 2024-25 budget process.
FISCAL IMPACT:
Increase of $62,0000 in funds to the Animal Shelter donation account.
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):
Family Trust of Roberta An Hamersma
Family Trust of Roberta An Hamersma 2
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
Zone Code Amendment 2023-06 (City of Norco): Second reading and approval of Ordinance 1108 approving City initiated amendment to Title 18, Chapter 18.02 - "Definitions", to clarify the definitions of Hotels and Motels to include the maximum stay of 30 consecutive days.
RECOMMENDATION:
Adopt Ordinance No. 1108, approving Zone Code Amendment 2023-06.
SUMMARY:
The purpose of this Zone Code Amendment is to clarify the provisions on the length of stay for hotels and motels in the City of Norco.
BACKGROUND:
PROJECT DESCRIPTION: Chapter 18.02 - "Definitions", Section 18.02.08 - "Specific Definitions" of the Norco Municipal Code includes definitions for hotels and motels, but does not include an indication on the length of stay. Hotels (definition No. 35) and motels (definition No. 53) are currently defined as follows:
(35) Hotel. A building containing six (6) or more guest rooms intended to be occupied by six (6) or more guests for compensation and in which no more than 10 percent of the guest units contain kitchens. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar facilities where persons are housed and detained under legal restraint are not included. (53) Motel. A group of attached or detached buildings containing individual sleeping or living units of which a maximum of 10 percent may have kitchens, with garage attached or parking space conveniently located to each unit, all for the temporary use by automobile tourists or transients; includes tourist courts, motor lodges, auto courts.
The purpose of this amendment is to clarify the intent behind allowing hotels and motels along the City's major commercial thoroughfares (Hamner Avenue and Sixth Street), which is to expand the economic base of the City through the growth of Transient Occupancy Tax (TOT) revenues, and to avoid misuse of hotels and motels for other purposes. Pursuant to state law and the City's TOT ordinance, TOT can only be applied for hotel and motel stays of 30 days or fewer.
Staff is recommending the following amendments (proposed changes are in red):
(35) Hotel. A building containing six (6) or more guest rooms intended to be occupied by six (6) or more guests for compensation and in which no more than 10 percent of the guest units contain kitchens. No hotel guestroom shall be rented to the same individual or group for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar facilities where persons are housed and detained under legal restraint are not included. (53) Motel. A group of attached or detached building containing individual sleeping or living units of which a maximum of 10 percent may have kitchens, with garage attached or parking space conveniently located to each unit, all for the temporary use by automobile tourists or transients; includes tourist courts, motor lodges, auto courts. No motel guestroom shall be rented to the same individual or group for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days.
PLANNING COMMISSION INPUT: On December 13, 2023, the subject Zone Code Amendment was brought forward to the Planning Commission. During deliberation, the Planning Commission considered a timeframe between the proposed 30-day stays, in order to discourage hotel guests from checking out at the end of the 30 days and checking in again on the same day. The Planning Commission ultimately decided to recommend the subject Zone Code Amendment for City Council approval without imposing a timeframe between 30-day stays, in order to allow for flexibility for hotel operators.
CONCLUSION: Staff is recommending that the City Council approve the proposed amendments noted above as part Zone Code Amendment 2023-06.
FISCAL IMPACT:
It is anticipated that this action will provide for some amount of additional TOT revenue, although that benefit cannot be estimated. TOT will be applicable for all hotel stays (unless exempted), which will be will be collected as revenue to the General Fund.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
CC Ordinance No 1108 for Zone Code Amendment 2023-06
ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-06: A CITY INITIATED AMENDMENT TO TITLE 18, CHAPTER 18.02 - "DEFINITIONS",
TO CLARIFY THE DEFINITIONS OF HOTELS AND MOTELS TO INCLUDE THE MAXIMUM STAY OF 30 CONSECUTIVE DAYS.
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-06, a proposal to amend Norco Municipal Code Title 18 (Zoning Code), Chapter 18.02 - "Definitions", to clarify the definitions of Hotels and Motels; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on December 13, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2023-34, recommending approval of Zone Code Amendment 2023-06 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on January 17, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).
NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:
I. FINDINGS.
A. The proposed Zone Code Amendment is necessary to clarify the intent behind allowing hotels and motels along the City's major commercial thoroughfares, which is to expand the economic base of the City and to avoid misuse (i.e. rental apartments) of hotels and motels.
Ordinance No. 1108 for Zone Code Amendment 2023-06
February 7, 2024
B. The proposed Zone Code Amendment addresses uses that are consistent with the land use designation of the General Plan and will therefore not conflict with City of Norco General Plan.
C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment will minimize the potential misuse of hotels and motels.
D. The proposed Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378, because it will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
II. DETERMINATION:
NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:
SECTION 1:
Title 18 (Zoning) of the Norco Municipal Code, Chapter 18.02 - "Definitions", Section
18.02.04 - "Specific Definitions", Subsections 35 and 53, is hereby amended to read as follows:
(35) Hotel. A building containing six (6) or more guest rooms intended to be occupied by six (6) or more guests for compensation and in which no more than 10 percent of the guest units contain kitchens. No hotel guestroom shall be rented to the same individual or group for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar facilities where persons are housed and detained under legal restraint are not included.
(53) Motel. A group of attached or detached building containing individual sleeping or living units of which a maximum of 10 percent may have kitchens, with garage attached or parking space conveniently located to each unit, all for the temporary use by automobile tourists or transients; includes tourist courts, motor lodges, auto courts. No motel guestroom shall be rented to the same individual or group for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
Ordinance No. 1108 for Zone Code Amendment 2023-06
February 7, 2024
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held February 7, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1108 for Zone Code Amendment 2023-06
February 7, 2024
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on January 17, 2024 and thereafter at a regular meeting of said City Council duly held February 7, 2024, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on February 7, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
5.B.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
Zone Code Amendment 2023-07 (City of Norco): Second reading and approval of Ordinance 1109 approving City initiated amendment to Title 18, Chapter 18.13 – Agricultural Low Density (A-1 Zone) to update to the provisions for large animal-keeping and roosters, clarify the public nuisance and violations for excessive roosters and excessive animal units, and clarify general provisions/development standards including the amendment of the Ostrich Offspring animal units
RECOMMENDATION:
Adopt Ordinance No. 1109, approving Zone Code Amendment 2023-07.
SUMMARY:
The purpose of this Zone Code Amendment (ZCA) is to update the provisions for large animal-keeping and roosters, and clarify violations for excessive roosters and large animals in the A-1 Zone. With this ZCA, the building height development standard is also clarified for the A-1 Zone.
BACKGROUND:
PROJECT DESCRIPTION: The proposed zone code amendment is comprised of the following changes to Title 18 (Zoning) of the Norco Municipal Code (NMC), which are described in detail below.
Updated Large Animal-Keeping in the A-1 Zone: The Animal Services Division is proposing to update animal keeping provisions in order to allow for exotic animals such as camels, llamas, alpacas, and emus that are not native to the state, but that are commonly-kept in the City. Listing these animals as permitted animal units will not only make provision for these animals, but will provide Animal Services a mechanism of control to protect the health and welfare of the community.
NMC Chapter 18.13, Section 18.13.06 (D)(4) is proposed to be amended as follows (change/additions is red):
4. Adult animal units shall be determined as follows:
Animal Shall Equal
One Equine One Animal Unit
One Bovine One Animal Unit
One Swine One Animal Unit
Two Sheep One Animal Unit
Two Goats One Animal Unit
Two Miniature Horses
Equines One Animal Unit
Two Miniature Bovines One Animal Unit
One Camel One Animal Unit
One Llama One Animal Unit
Two Alpacas One Animal Unit
Two Emus One Animal Unit
One Ostrich One Animal Unit
i. Offspring of permitted adult animal units shall not be counted in determining the permitted number of adult animal units on a given lot, if such offspring do not exceed the following age limitations:
Equine, six months
Bovine, six months
Swine, 60 days
Sheep, 90 days
Goats, 90 days
Camel, eight months
Llama, six months
Alpaca, six months
Emu, six months
Ostrich, six months
ii. To facilitate enforcement of Section 18.13.06 (D)(4), offspring of nonpermitted adult animal units shall be counted as adult animal units, notwithstanding their age at any particular time.
Updated Provisions for Rooster in the A-1 Zone: In order to increase the compatibility of roosters in the A-1 zone, and to help curtail non-permitted activity that often comes with roosters, staff is recommending the proposed ZCA include reducing the number of roosters permitted that would require a Conditional Use Permit (CUP) from 25 to 17, and clarification indicating that keeping/maintained roosters above 17 without the required CUP is a public nuisance.
It would also establish that each rooster above the required limit without a CUP is a separate and independent violation. This separate violation provision would apply to excessive large animal units as well.
NMC Chapter 18.13, Section 18.13.06 (D)(1), is proposed to be amended as follows (change/additions is red):
D. Agricultural Uses:
Farms devoted to the hatching, raising, butchering, or marketing on a commercial scale of chickens, turkeys, or other fowl or poultry and rabbits, fish, frogs, mink, chinchilla, or other small animal farms of a similar nature; provided, however, that not more than 500 turkeys per acre, in addition to brooding stock, shall be kept, fed, or maintained on a parcel of less than five acres. No commercial poultry operation shall be established on a parcel containing less than nine acres or with a width of less than 300 feet, and all poultry buildings and structures shall be set back a minimum of 25 feet from the rear and side lines of the parcel and 50 feet from any public road or highway. Unless otherwise noted below, the provision for fowl or poultry shall not include roosters.
Roosters shall be regulated as noted below:
a. The maximum number of roosters permitted, for noncommercial animal-keeping, in relation to lot size shall be determined as follows:
Lot Size Maximum Roosters
10,000 but less than 19,999 sq. ft. 4
20,000 but less than 24,999 sq. ft. 16
25,000 but less than 29,999 sq. ft. 25 17*
30,000 but less than 34,999 sq. ft. 34*
35,000 but less than 39,999 sq. ft. 43*
40,000 or more 55*
*Conditional use permit required for keeping more than 16 roosters regardless of lot size.
b. When it can be determined by appearance or crowing that a bird is a stag, it shall be included in the count regardless of the age of the stag. c. All properties with more than 16 roosters shall be required to obtain a conditional use permit and shall be required to have roosters contained on the property at all times, with said roosters maintained a minimum of 50 feet from the nearest adjacent residence.
Any operation consisting of 55 or more roosters shall be considered a commercial operation and in addition to requiring approval of a conditional use permit, it shall have the same restrictions pertaining to a commercial poultry business noted in Section D.1 of this section.
d. It is unlawful and a public nuisance to keep or maintain more than 16 roosters on any property in the A-1 zone without the approval of a conditional use permit.
NMC Chapter 18.13, Section 18.13.06 (D)(10), is proposed to be amended as follows (change/additions is red):
10. Deleted by Ordinance 812, 2003. No person, firm, corporation, or other entity shall maintain more than the maximum number of roosters and/or animal units permitted, or conditionally permitted, by this Chapter. Each and every rooster and/or animal unit on a property that exceeds the maximum number of roosters and/or animal units permitted by this Chapter shall constitute a separate and independent violation of this Chapter.
Height Limit in the A-1 Zone: The provision that limits the height of main structures (such as a primary home) to 35 feet within the A-1 zone was accidentally deleted during a code amendment years ago. Although staff has consistently applied a 35-foot height limit for main structures per the intent of the original height provision, the A-1 zone has lacked the explicit text that sets a height limit for a main structure. This amendment restores the original text on NMC Chapter 18.13.18, which sets the height limit for main structures to a maximum 35 feet or two and a half stories (whichever is less) in the A-1 zone.
NMC Chapter 18.13, Section 18.13.18 - Permitted Heights, is proposed to be amended as follows (changes/additions in red):
18.13.18 Permitted Heights.
The maximum height of any building shall be two and one-half stories or 35 feet, whichever is less. The maximum height of an accessory building shall be per the regulations of Chapter 18.68 (Ord. 1019 Sec. 1, 2017; Ord. 924 Sec. 1, 2010).
PLANNNING COMMISSION INPUT: On December 13, 2023, the subject Zone Code Amendment was brought forward to the Planning Commission. The Planning Commission recommended changing one alpaca/emu to count as one animal unit to two alpacas/emus counting as one animal unit, citing their relatively small size.
CONCLUSION: Staff is recommending that the City Council approve the proposed amendments noted above as part Zone Code Amendment 2023-07.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
CC Ordinance No 1109 for Zone Code Amendment 2023-07
ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-07: A CITY INITIATED AMENDMENT TO TITLE 18, CHAPTER 18.13 – AGRICULTURAL LOW DENSITY (A-1 ZONE) TO UPDATE THE PROVISIONS FOR LARGE
ANIMAL-KEEPING AND ROOSTERS, TO CLARIFY THE PUBLIC
NUISANCE AND VIOLATIONS FOR EXCESSIVE ROOSTERS AND ANIMAL
UNITS, AND TO CLARIFY GENERAL PROVISIONS/DEVELOPMENT
STANDARDS IN CHAPTER 18.13 (A-1 ZONE).
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-07, a proposal to amend Chapter 18.13 of the Norco Municipal Code Title 18 (Zoning Code); and WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on December 13, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2023-35, recommending approval of Zone Code Amendment 2023-07 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on January 17, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).
NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:
I. FINDINGS.
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
A. The proposed Zone Code Amendment is necessary as it updates animal-keeping provisions to protect and maintain property values, and provides clarification to the City’s development code for enhanced usability and precision.
B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. None of the amendments conflict with current General Plan policies, objectives or programs of the General Plan.
C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as it will contribute to increased general welfare by providing clear regulations pertaining to animalkeeping and development standards.
D. The proposed Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendments will have a significant effect on the environment.
II. DETERMINATION:
NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:
SECTION 1:
Title 18 (Zoning) of the Norco Municipal Code, Chapter 18.13 (A-1 Agricultural Low Density), Sections 18.13.06 (D) (1), (4) and (10) and Section 18.13.18 is hereby amended to read as follows:
Section 18.13.06 (D)(1):
D. Agricultural Uses:
1. Farms devoted to the hatching, raising, butchering, or marketing on a commercial scale of chickens, turkeys, or other fowl or poultry and rabbits, fish, frogs, or other small animal farms of a similar nature; provided, however, that not more than 500 turkeys per acre, in addition to brooding stock, shall be kept, fed, or maintained on a parcel of less than five acres. No commercial poultry operation shall be established on a parcel containing less than nine acres or with a width of less than
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
300 feet, and all poultry buildings and structures shall be set back a minimum of 25 feet from the rear and side lines of the parcel and 50 feet from any public road or highway. Unless otherwise noted below, the provision for fowl or poultry shall not include roosters. Roosters shall be regulated as noted below:
a. The maximum number of roosters permitted, for noncommercial animalkeeping, in relation to lot size shall be determined as follows:
Lot Size Maximum Roosters
10,000 but less than 19,999 sq. ft. 4
20,000 but less than 24,999 sq. ft. 16
25,000 but less than 29,999 sq. ft. 17*
30,000 but less than 34,999 sq. ft. 34*
35,000 but less than 39,999 sq. ft. 43*
40,000 or more 55*
*Conditional use permit required for keeping more than 16 roosters regardless of lot size.
b. When it can be determined by appearance or crowing that a bird is a stag, it shall be included in the count regardless of the age of the stag. c. All properties with more than 16 roosters shall be required to obtain a conditional use permit and shall be required to have roosters contained on the property at all times, with said roosters maintained a minimum of 50 feet from the nearest adjacent residence. Any operation consisting of 55 or more roosters shall be considered a commercial operation and in addition to requiring approval of a conditional use permit, shall have the same restrictions pertaining to a commercial poultry business noted in Section D.1 of this section.
d. It is unlawful and a public nuisance to keep or maintain more than 16 roosters on any property in the A-1 zone without the approval of a conditional use permit.
Section 18.13.06 (D)(4):
4. Adult animal units shall be determined as follows:
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
Animal Shall Equal
One Equine One Animal Unit
One Bovine One Animal Unit
One Swine One Animal Unit
Two Sheep One Animal Unit
Two Goats One Animal Unit
Two Miniature Horses One Animal Unit
Two Miniature Bovine One Animal Unit
One Camel One Animal Unit
One Llama One Animal Unit
Two Alpacas One Animal Unit
Two Emus One Animal Unit
One Ostrich One Animal Unit
i. Offspring of permitted adult animal units shall not be counted in determining the permitted number of adult animal units on a given lot, if such offspring do not exceed the following age limitation:
Equine, six months
Bovine, six months
Swine, 60 days
Sheep, 90 days
Goats, 90 days
Camel, eight months
Llama, six months
Alpaca, six months
Emu, six months
Ostrich, six months
ii. To facilitate enforcement of Section 18.13.06 (D)(4), offspring of nonpermitted adult animal units shall be counted as adult animal units, notwithstanding their age at any particular time.
Section 18.13.06 (D)(10):
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
10. No person, firm, corporation, or other entity shall maintain more than the maximum number of roosters and/or animal units permitted, or conditionally permitted, by this Chapter. Each and every rooster and/or animal unit on a property that exceeds the maximum number of roosters and/or animal units permitted by this Chapter shall constitute a separate and independent violation of this Chapter.
Section 18.13.18:
18.13.18 Permitted Heights.
The maximum height of any building shall be two and one-half stories or 35 feet, whichever is less. The maximum height of an accessory building shall be per the regulations of Chapter 18.68 (Ord. 1019 Sec. 1, 2017; Ord. 924 Sec. 1, 2010).
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held February 7, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1109 for Zone Code Amendment 2023-07
February 7, 2024
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on January 17, 2024 and thereafter at a regular meeting of said City Council duly held February 7, 2024, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on February 7, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: February 7, 2024 Agenda Item:
5.C.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
Newcastle Skye Parkridge, LLC Industrial Project Development Agreement/Site Plan 2020-11, Modification No.1 (Newcastle Skye Parkridge, LLC): Second reading and approval of Ordinance No. 1110 approving a development agreement for the industrial project approved under Site Plan 2020-11, consisting of six buildings that total 80,066 square feet at 1004 Parkridge Ave located within the Industrial District of the Gateway Specific Plan with the amendment of the Project Benefit fees to be paid in full prior to the issuance of any permits.
RECOMMENDATION:
Approve Ordinance No.1110 approving the Newcastle Skye Parkridge, LLC Industrial Project Development Agreement with the amendment of the Project Benefit fees to be paid in full prior to the issuance of any permits.
SUMMARY:
Site Plan 2020-11 was approved in 2021 for the development of a small warehouse/industrial complex consisting of six buildings at 1004 Parkridge Avenue. The approval was for the duration of two years, but the applicant is requesting approval of a Development Agreement (DA) with the City to extend the approval for an additional five years.
BACKGROUND:
PROJECT HISTORY: On April 14, 2021, the Planning Commission approved Site Plan 2020-11 to allow the development of an industrial project consisting of six buildings that total 80,066 square feet at 1004 Parkridge Avenue. This action also included a recommendation for approval to the City Council of a related parcel map. The parcel map has since been approved by the City Council and has been recorded, however building permits for construction of the buildings/site improvements (under Site Plan 2020-11) have not been issued (ref. Exhibit "A" - Location Map, Exhibit "B" - Approved Entitlement Plans and Exhibit "C" - Approved Resolution 2021-12).
The project was approved with the condition that the approval would become null and void unless building permits for all construction authorized by the approval have been issued within two years (expiration date being April 14, 2023 - two years from the approval date of April 14, 2021) and pursued diligently to completion. The condition also stated that Community Development/Planning Director may extend approvals for up to six months and therefore was extended to October 14, 2023. The applicant has been working diligently with staff (well before the expiration date) on the process and terms of a DA with the City up to the point of this subject meeting date.
The site plan approval was granted before the development standards for the Industrial District of the Gateway Specific Plan were updated in 2023. The applicant is requesting approval of a DA that will extend the existing approval/entitlement five years, and that will allow the development per the approved site plan.
DEVELOPMENT AGREEMENT SUMMARY: State law authorizes the City to enter into a DA with any person having a legal or equitable interest in real property for the development of the property. Development agreements are typically done concurrently with project entitlements, but nothing limits the ability of a city to enter into a DA after entitlements are approved. State law specifies the following topics that must or may be addressed in a development agreement:
“A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time (Government Code Section 65865.2)".
Unless a development agreement states otherwise, per Government Code Section 65866, the “rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications” applicable to the project are those in effect at the time the development agreement is approved.
SUMMARY OF MAJOR ITEMS RECOMMENDED IN THE DEVELOPMENT
AGREEMENT (ref. the attached Draft Development Agreement):
Duration of the DA: The duration of the DA is proposed for five (5) years. Within these five years, a building permit must be issued for the project. If a building permit is not secured, the entitlement and DA expires, with no terms for an extension.
Permitted Uses: Permitted uses would be pursuant to the development plan approvals and (per Exhibit B), and per the existing regulations (as updated in 2023) if there are changes.
Density/Intensity of Use, the Maximum Height and Size of Proposed Buildings: The permitted maximum, density, building height and size of the buildings shall be per the approved entitlement plans noted in Exhibit B, and per the existing regulations (as updated in 2023) if there are changes.
Provisions for Reservation or Dedication of Land for Public Purposes. This is limited to any required street and public improvements as required in approved Resolution 2021-
12. Conditions, Terms, Restrictions, and Requirements for Subsequent Discretionary Actions: Building permits will need to be issued within the duration of the DA which is five years, but can be completed after the five years. The developer is responsible for the payment of impact fees which are in effect at the time building permits are issued.
There is nothing in this DA that prohibits the City from increasing its impact fees during the term of the agreement.
Lastly, in consideration for extending the life of the entitlements that benefit the developer and to defray potential impacts from the development, the developer is proposing to make a public benefit contribution in the amount of $250,000 to the City to be used by the City for any legal public purpose. This amount will be made in yearly payments within five years, regardless of whether or not the project is built. Should a building permit for the project be issued prior to any of the scheduled payment dates, the remaining balance of the Project Benefit fee of $250,000 shall be due and paid in full.
PLANNNING COMMISSION INPUT: The Development Agreement was reviewed by the Planning Commission on December 13, 2023. Chair Shyu proposed the idea of shortening the initial term of the Development Agreement to three years, with an option to extend for two years. However, citing concerns regarding the unpredictability of construction costs and interest rates in the foreseeable future, the Planning Commission voted 4-1 (Shyu) to recommend that the City Council approve a Development Agreement with a five-year duration, which is what is currently presented.
Subsequent to the Planning Commission meeting, the applicant requested that the five year extension start from October 14, 2023 (the six month extension dated noted above) and not April 14, 2023 (the original entitlement approval date noted on the original Draft DA before the Planning Commission). Approval of the start date is within the purview of the City Council and staff is recommending approval of the request. The attached draft DA reflects the October 14, 2023 extension starting date.
CONCLUSION: Staff is recommending that the City Council approve the proposed Development Agreement.
FISCAL IMPACT:
$250,000 will go to the General Fund within the term of five years to be used by the City for any legal public purpose.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
DA Ordinance No 1110 Development Agreement Site Plan 2020-11, Modification No.1 (1)
DRAFT Development Agreement, Newcastle, CC 1-17-24
Exhibit A, Location Map, Site Plan 2020-11
Exhibit B, for Site Plan 2020-11 (Newcastle)
Exhibit C, Resolution 2021-12
ORDINANCE NO. 1110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NORCO AND NEWCASTLE SKYE
PARKRIDGE, LLC, FOR THE INDUSTRIAL PROJECT APPROVED
UNDER SITE PLAN 2020-11, CONSISTING OF SIX BUILDINGS THAT TOTAL 80,066 SQUARE FEET AT 1004 PARKRIDGE AVE LOCATED
WITHIN THE INDUSTRIAL DISTRICT OF THE GATEWAY SPECIFIC
PLAN (SITE PLAN 2020-11, MODIFICATION NO.1).
WHEREAS, the City of Norco and Newcastle Skye Parkridge, LLC are proposing to enter into a Development Agreement under the provisions of Chapter 4.02 of the Norco Municipal Code; and
WHEREAS, the Development Agreement was duly submitted to the City of Norco Planning Commission for review at a public hearing for which proper notice was given; and
WHEREAS, the Development Agreement was scheduled for public hearing on December 13, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Development Amendment; and
WHEREAS, the City of Norco Planning Commission adopted Resolution 2023- 36, recommending approval of the Development Agreement to the City Council; and WHEREAS, the Development Agreement was duly submitted to the City of Norco City Council for review and approval at a public hearing for which proper notice was given; and
WHEREAS, the Development Agreement was scheduled for public hearing on January 17, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Development Agreement; and WHEREAS, the City of Norco, acting as the Lead Agency, has determined that this Development Agreement is exempt from environmental review under the California Environmental Quality Act (CEQA).
Ordinance No. 1110 - Newcastle Skye Parkridge, LLC Development Agreement
February 7, 2024
NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS and DETERMINATION:
I. FINDINGS:
A. The proposed Development Agreement is consistent with the objectives, policies, general land use and programs specified in the General Plan; the Zoning Code, and the Gateway Specific Plan.
B. The proposed Development Agreement is compatible with the uses that are authorized by the approved entitlements and the Gateway Specific Plan.
C. The proposed Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices for the City.
D. The implementation of the proposed Development Agreement will be beneficial to the health, safety, and general welfare consistent with the policy of the City in respect to development agreements as provided in the Norco Municipal Code.
E. The proposed Development Agreement will not adversely affect orderly development of the property in the City.
F. The proposed Development Agreement will have a positive fiscal impact on the City.
G. The proposed Development Agreement is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378, because it will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
II. DETERMINATION:
NOW, THEREFORE, in light of the evidence and testimony presented at the hearing on this application, and in conformity with the findings set forth herein before and with the requirements necessary for the approval of the Development Agreement, the City Council for the City of Norco does hereby approve the Newcastle Skye Parkridge, LLC Development Agreement (Site Plan 2020-11, Modification No. 1). #
Ordinance No. 1110 - Newcastle Skye Parkridge, LLC Development Agreement
February 7, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on February 7, 2024.
________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1110 - Newcastle Skye Parkridge, LLC Development Agreement
February 7, 2024
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on January 17, 2024 and thereafter at a regular meeting of said City Council duly held February 7, 2024, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on February 7, 2024. __________________________
Dana Roa, CMC, City Clerk
City of Norco, California
684385.1 1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is
entered into as of the 17 day of January , 2024 (“Agreement Date”), by and between NEWCASTLE SKY PARKRIDGE, LLC, (“OWNER”)
and the CITY OF NORCO, a California Charter City (hereinafter “CITY”), (collectively “Parties”).
INTENT OF THE PARTIES
I. This Agreement is predicated upon the following facts:
A. This “Intent of the Parties” section refers to and utilizes certain capitalized terms which are defined in this Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals.
B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and protect against initiatives, moratorium (processing or development) and other actions inconsistent with the Project anticipated by this Agreement.
684385.1 2
C. OWNER is the owner of certain real property within the City of Norco, the County of Riverside, State of California (“Property”), as more particularly described in Attachment A. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the Existing Regulations and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in Attachment B – Approved Entitlement Plans and Exhibit C -Approved Resolution 2021-21 .
D. OWNER has sought, negotiated, and received consideration for, and the CITY has agreed to, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property consistent with City and State policy. The project was determined to be Exempt from CEQA, per Section 15332, Class 32 - In-fill Development.
.
E. The following actions were taken with respect to this Agreement and the Project:
1. On December 13, 2023, following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement, by adoption of its Resolution No. 2023-36 and making the findings of fact thereto;
2. On January 17, 2024, after a duly noticed public
hearing, the City Council introduced Ordinance No. 1110 approving and authorizing the execution of this Agreement and on February 7,
684385.1 3
2024 the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the findings and conditions pertaining thereto.
F. DELETED.
G. In consideration of the benefits that will inure to the CITY in conjunction with the implementation of the Project and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance that OWNER can proceed with the Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the Development Plan Approval(s) and the Existing Regulations. In reliance on the CITY’s covenants in this Agreement concerning the Development of the Property, and the rights afforded OWNER hereunder, OWNER has agreed to provide those benefits described in Section 4.1.2 Project Benefits.
H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan Approval(s) implement the goals and policies of the CITY’s General Plan and the Specific Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement and the Project are in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY’s General Plan and constitutes a present exercise of the CITY’s police power; and (iv) this Agreement is being entered into
684385.1 4
pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation.
I. The CITY and OWNER agree that it may be beneficial to enter into operating memoranda, additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated operating memoranda, additional agreements or modifications to this Agreement, including transfers to third parties, whether by assignment or delegation.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, pursuant to Article Xl, Section 2 of the California Constitution, and in consideration of the foregoing facts which define the intent of the Parties, all of which are expressly incorporated into this Agreement, and the mutual covenants set forth in this Agreement, the Parties agree as follows:
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall, for a I purposes of this Agreement, or any supplemental agreement, and any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the word “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof.
684385.1 5
“Agreement Date” means February 7, 2024, the date of the second introduction and reading of the Authorizing Ordinance by the City Council.
“Authorizing Ordinance” means Ordinance No. 1110 of the CITY approving this Agreement.
“City Council” means the duly elected and constituted city council of the CITY.
“Develop” or “Development” or “Developing” means the
improvement of the Property for purposes consistent with the Development Plan, including, without limitation: subdividing, grading, the construction of infrastructure and public facilities related to the OffSite Improvements, the construction of structures and buildings and the installation of landscaping.
“Development Agreement Legislation” means Sections 65864 through 65869.5 01 the California Government Code as it exists on the Agreement Date.
“Development Plan” means the plan for Developing the Property contained in this Agreement, the City of Norco General Plan, Site Plan 2020-11 approval via Resolution 2021-12, and those Future Development Approvals, approved in conformance with this Agreement.
Each of the documents enumerated in the foregoing, except for the Future Development Approvals, is expressly incorporated by reference as if fully set forth herein and are necessary to interpret and apply this Agreement. Each of the documents are maintained in the official records of the City and shall be utilized whenever required to interpret or apply this Agreement.
684385.1 6
“Development Plan Approval(s)” means the approvals of the City Council and other governmental agencies.
“Development Transferee” means a person or entity that
expressly assumes obligations under this Agreement pursuant to Section ______hereof.
“Effective Date” means the date the Authorizing Ordinance becomes effective.
“End User” means a buyer, assignee, or transferee of one or more individual subdivided unit(s)/lot(s) of the Project obtaining such unit(s) or lot(s) for the purpose of occupying or using such lots or units for its own purposes and not for use in the trade or business of further development or further subdivision. The term “End User” includes, but is not limited to, any homeowners’ association, merchants’ association, or like entity formed with respect to the Property which owns some interest in the Property, homeowners, tenants, commercial building owners, and owners of multi-family units.
“Existing Regulations” means, except as otherwise provided herein, those ordinances, rules, regulations and official policies of the CITY other than the Development Plan Approval(s) in effect on the Agreement Date, which (i) are not inconsistent with the Development Plan Approval(s) and this Agreement; and (ii) govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing and conditions to Development, the procedures for, and types of, permits required for the Development, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the Development. “Existing Regulations” does not include
684385.1 7
fees, exactions, and assessments, which may be imposed at later existing rates.
“Future Development Approvals” means those entitlements and approvals that are requested by the CITY or OWNER in order to authorize the Development to occur upon the Property in a manner consistent with the Development Plan Approval(s).
“Merchant Builder” means a buyer, assignee, or transferee (other than the OWNER or any End User) of one or more individual lots or tracts of the Project, acquiring such lots or tracts for the purpose of engaging in the business of developing, improving, or using such lots or tracts for development.
“Planning Commission” means the duly appointed and
constituted planning commission of the CITY.
“Public Financing” means the issuance of bonds and related provision of funds for acquisition of public facilities in accordance with the terms and conditions of the Public Facilities Finance Plan. “Project” means the development of the Property as set forth in the Development Plan Approval(s).
“Term” means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Binding Covenants. Except as otherwise provided for in this Agreement, the provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall
684385.1 8
bind and inure to the benefit of the Parties, all successors in interest to the Parties hereto to the extent provided for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER
owns fee simple interest in the Property.
2.3 Term. This Agreement shall become effective on the
Effective Date. Unless terminated pursuant to Section 2.4 this Agreement shall terminate at 11:59 p.m. on the 5th anniversary from the entitlement Expiration date of October 14, 2023.
The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement.
2.4 Termination. This Agreement shall be deemed terminated and of no further Effect, except for those covenants and agreements that expressly survive termination, upon the occurrence of any of the following events without further action by the CITY, Planning Commission, or City Council:
2.4.1 If termination occurs pursuant to any specific provision of this Agreement, including, without limitation, a termination in the event of default;
2.4.2 Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY’s issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or
2.4.3 Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement.
684385.1 9
2.4.4 The expiration of the Term as set forth in Section 2.3.
To provide notice to all, and not as a condition of the effectiveness of a termination of this Agreement, the Parties agree to execute and record terminations of or releases of this Agreement.
2.5Transfers and Assignments. Any assignment or transfer of the Property together with the rights and obligations under this Agreement requires the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed.
2.5.1 Right to Assign. Subject to the City's written
consent, which shall not be unreasonable withheld, delayed or conditioned, Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act) to any person, partnership, joint venture, affiliate, firm, or corporation at any time; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or
interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer, or
assignment, or within fifteen (15) business days thereafter, Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to City, executed by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of Owner under this Agreement.
Any sale, transfer or assignment not made in compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or
684385.1 10
assignee to execute this agreement required by Paragraph (b) of this Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. Notwithstanding the foregoing, Owner shall have the right to transfer its interest in this Agreement to an “Owner Affiliate”. Notwithstanding the foregoing, Owner shall have the right to transfer its interest in this Agreement to an “Owner Affiliate.” An “Owner Affiliate” is an entity in which the original owner owns a majority financial or voting interest. Owner shall provide written notification to City concurrently with the completion of such a transfer.
2.5.2 Release of Transferring Owner. Notwithstanding
any sale, transfer or assignment, Owner shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned, unless Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by Owner of all of the following conditions:
(a) Owner no longer has a legal or equitable interest
in all or any part of the Property sold.
(b) Owner is not then in default under this
Agreement.
(c) Owner has provided City with the notice and
executed agreement required under this Section 2.5. above. (d) The purchaser, transferee or assignee provides
City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.
2.5.3 Subsequent Assignment. Any subsequent sale,
transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.
684385.1 11
3. Development Provisions.
3.1 Vesting.
3.1.1 Project. CITY covenants that OWNER has, and
OWNER shall have, the right to implement the Development pursuant to the Development Plan Approvals and the Existing Regulations, including, without limitation, specific uses, intensities, building heights, building sizes, lot sizes, infrastructure standards and specifications, densities and types of development provided for in the Site Plan, and the CITY shall have the right to control the Development in accordance with the Existing Regulations and the Development Plan Approval(s) (“vested right”). Except as otherwise expressly specified in this Agreement, the Development Plan Approval(s) shall control the design and development, and review and approval of all Future Development Approvals and all Off-Site Improvements and appurtenances in connection therewith. Except to the extent it has been amended, canceled, modified or suspended in accordance with the terms of this Agreement, this Agreement shall be enforceable by OWNER or its assignees notwithstanding any change in any Existing Regulation.
3.1.2 Limits on Development. The California Supreme
Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the Parties to address certain limits on a CITY’s ability to condition, restrict or regulate a development allowed a later adopted initiative to restrict the development. This Agreement cures that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement and the scope of the CITY’s Reserved Authority. Except as expressly set forth in the Development Plan Approval(s), regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development as provided for in this Agreement. No future amendment of any CITY law, or future adoption of any CITY law or
684385.1 12
other action, that purports to limit the scope, rate or timing of Development on the Property in a manner inconsistent with the Development Plan Approval(s), whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property.
3.1.3 Litigation. The CITY agrees to reasonably cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. If any legal action is instituted by a third party or other governmental entity or official challenging the Development Plan Approval(s) or Future Development Approvals, the Parties hereby agree to cooperate in jointly defending such action. Notwithstanding the foregoing OWNER shall be responsible for all of CITY’s costs, direct or indirect, in nature, including, but not limited to, attorneys’ fees, costs, expert witnesses document production, staff time, and the like. OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by OWNER.
3.2 Reserved Authority.
3.2.1 Uniform Codes. This Agreement and especially
section 3.1.2, shall not prevent the CITY from applying new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, as modified by CITY, to the Development, provided those same standards are applied to all other development within the CITY.
3.2.2 State and Federal Laws and Regulations. Subject to compliance with the requirements of this Section 3.2.2, the Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approval(s).
684385.1 13
Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, CITY or OWNER shall provide the other Parties with written notice of the state or federal law or regulation, provide a copy of the law or regulation, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such federal or state law or regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY (from staff, consultants, or any reason) under this Agreement. CITY also agrees to process in a prompt manner OWNER’s proposed changes to the Project as may be necessary to comply with such Federal or State law; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY’s police power to protect the public health and safety from a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services involving the Property or the immediate community (“Exigent Event”). Upon discovery of an Exigent Event, CITY may suspend this Agreement for a period reasonably necessary to analyze, evaluate and develop a response to the Exigent Event. Immediately thereafter, the suspension shall end and CITY shall provide the OWNER with written notice of the existence of the Exigent Event, a detailed explanation of the CITY’s proposed
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action, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with the Exigent Event. In such negotiations, CITY and OWNER agree to attempt to reasonably preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in an expedited manner OWNER’s proposed changes to the Project as may be necessary to comply with the Exigent Event; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement.
3.2.4 Fees, exactions, and assessments shall be calculated at the current rate existing at the time the fees, exactions, and assessments are imposed.
3.3 Further Assurances to OWNER Regarding Exercise of
Reserved Authority.
3.3.1 Assurances to OWNER. The Parties further
acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Development Plan Approval(s) and the Existing Regulations.
Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1.2 (‘Vesting”) and 3.2 (“Reserved Authority”), OWNER is concerned that normally the judiciary extends
684385.1 15
to local agencies significant deference in the adoption of rules, regulations and policies which might otherwise permit the CITY, in violation of the Reserved Authority, to attempt to apply rules, regulations and policies that are inconsistent with the Development Plan Approval(s). Accordingly, OWNER desires assurances that the CITY shall not, and the CITY agrees that it shall not, further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority, which exercising of the Reserved Authority as defined herein shall not be considered to be a violation of this Agreement. CITY agrees that CITY will issue grading, building and occupancy permits if the Development contemplated in the requested permit substantially conforms to the Development Plan Approval(s), including all relevant conditions of approval, and the Existing Regulations.
3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially (including by way of a reference proceeding) challenges the application of a future rule, regulation or policy as being in violation of this Agreement and as not being applied in accordance with the Reserved Authority, OWNER shall bear the burden of alleging that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement.
3.4 Consistent and Inconsistent Enactments.
3.4.1 Assurances to OWNER. The Parties further
acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with
684385.1 16
the Development Plan Approval(s) and the Existing Regulations. CITY agrees that CITY will issue grading, building and occupancy permits if the Development contemplated in the requested permit substantially conforms to the Developing Plan Approval(s), including all relevant conditions of approval, and the Existing Regulations.
3.4.2 Consistency Between This Agreement, the
Development Plan Approval(s) and Existing Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Plan Approval(s) shall be controlling. To the extent a conflict exists or develops between the combination of this Agreement and the Existing Regulations and any other Development Plan Approval(s), this Agreement shall be controlling.
3.5 Amendment of Development Agreement.
3.5.1 Initiation of Amendment. Either CITY or OWNER
may propose an amendment to this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise
required by law, an amendment to the Development Plan Approval(s) shall not require an amendment of this Agreement unless the amendment:
3.5.2.1 Materially alters the permitted uses of the
Property as a whole in a manner inconsistent with the procedures established in the Specific Plan;
3.5.2.2 Increases the density or intensity of use of
the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; or
684385.1 17
3.5.2.3 Increases the maximum height and size of
permitted buildings.
3.5.3 Consent. Any amendment to this Agreement shall
require the written consent of both the CITY and the OWNER. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing, signed by duly authorized representatives of the CITY and OWNER. An amendment of this Agreement does not require the consent of an End User, Merchant Builder or Development Transferee.
3.5.1 Operating Memoranda. The Parties acknowledge that practical and technical refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the City and an Owner or Owners mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of that respective OWNER, which, after execution, shall be attached hereto as addenda and become a part hereof.
Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. Nothing herein shall authorize the delegation of authority to the City Manager, or designee, contrary to California or Federal Law.
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4. Obligations of the Parties.
4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY who are not deemed third party beneficiaries to this Agreement) will receive from the approval of the Development Plan Approval(s) generally include, but are not limited to, the items identified below.
Nothing in the Development Plan Approval(s) or otherwise obligate OWNERS to construct the Development or any part thereof. OWNER further reserves the right to waive, in whole or in part, the vested rights afforded by the Development Plan Approval(s), and pursue entitlements, permits or approvals other than those provided for in the Development Plan Approval(s).
4.1.1 Growth Management. The City agrees that the Project conforms to the CITY’s policy to require development provide beneficial and managed growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, design standards and layout concepts and amenities.
4.1.2 Project Benefits. In addition to the above benefits, the OWNER will pay CITY a community benefit fee of $250,000.00. The community benefit fee shall be paid by OWNER to CITY in installments of the following amounts on or before the following dates:
January 1, 2024, or 10 days following the approval of this agreement by the City Council (whichever is first),
payment of $35,000;
January 1, 2025 payment of $40,000;
January 1, 2026 payment of $45,000;
January 1, 2027 payment of $50,000;
January 1, 2028 payment of $55,000.
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Should a building permit for the project be issued prior to any of the scheduled payment dates, the remaining balance of the Project Benefit fee of $250,000 shall be due and paid in full.
4.2 Development Fees. OWNER shall pay all Development Fees for the Project.
5. Indemnification. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties (as defined below), OWNER agrees to defend, indemnify, and hold harmless the CITY and its agents, officers, contractors, attorney, and employees (the “Indemnified Parties”) from and against any claims or proceedings against the Indemnified Parties concerning this Agreement, including, but not limited to, claims or proceedings to set aside, void or annul the approval of this Agreement.
6. Relationship of Parties. OWNER is not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY arid OWNER joint ventures or partners.
7. Periodic Review of Compliance with Agreement.
7.1 Periodic Review. The CITY and OWNER shall review this Agreement once every 12-month period from the Effective Date until the Agreement terminates. The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto.
7.2 Good Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with all
684385.1 20
material terms of this Agreement. Generalized evidence or statements of compliance shall be accepted in the absence of any evidence that such evidence is untrue.
7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not constitute, or be asserted by OWNER or CITY as a breach of this Agreement.
7.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER. The Notice must describe in detail the specific issues which caused the CITY to question OWNER’S good faith compliance and the evidence the CITY believes is necessary for the review. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER’s good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review.
7.5 Administration of Agreement. Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER first to the Planning Commission and thereafter to the City Council, provided that any such appeal shall be filed with the City Clerk within thirty (30) days after OWNER receives written notice that the staff decision is final all as pursuant to routine planning appeal procedures. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed.
8. Events of Default: Remedies and Termination.
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8.1 Defaults by OWNER. If, after following the procedures established in Section ____ hereof, the CITY determines on the basis of a preponderance of the evidence that OWNER or a Development Transferee has not complied in good faith with the material terms and conditions of this Agreement, the CITY shall, by written notice to OWNER, and the applicable Development Transferee, specify the manner in which the allegedly defaulting party has failed to so comply and state the steps the allegedly defaulting party must take to bring itself into compliance. If, within thirty (30) days after the effective date of notice from the CITY specifying the manner in which the allegedly defaulting party has failed to so comply, the allegedly defaulting party does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then the allegedly defaulting party shall be deemed to be in default under the terms of this Agreement and the CITY may terminate this Agreement with respect solely to the allegedly defaulting party’s property pursuant to Government Code Section 65865.1 or may seek specific performance.
8.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance.
684385.1 22
9. Waivers and Delays.
9.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party’s right to demand strict compliance by such other party in the future.
9.2 Third Parties. Non-performance shall not be excused because of a failure of a third person.
9.3 Force Majeure. A party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond that party’s control, action or inaction by the CITY, other governmental bodies or public utilities other than those related to the normal and customary processing of modifications to the Development Plan Approval(s), judicial decisions, litigation regarding the Development Plan Approval(s) or Future Development Approvals or other similar events. To the extent applicable to the Project and Property, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda or moratoria (including, without limitation, any “development moratorium” as that term is applied in Government Code Section 66452.6) constitute force majeure events.
9.4 Extensions. The Term of this Agreement and the time for performance by a party of any of its obligations hereunder or pursuant to the other Development Plan Approval(s) shall be extended by the actual period of time that any of the events described in Section 9.3 exist and/or prevent performance of such obligations.
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9.5 Notice of Delay. OWNER or CITY shall give notice to the other party of any delay which OWNER or CITY anticipates or believes is caused by a Force Majure event. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or ten (10) days before the end of the Term (unless the cause of the delay arises during if at time), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, return receipt requested or by Federal Express or other similar nationwide overnight delivery service. Notices required to be given to the CITY shall be addressed as follows:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: City Clerk
Notices required to be given to OWNER shall be addressed as follows:
___Newcastle Partners_____________________
__4740 Greeen River Road, Suite 110______________________ __Corona CA 92878______________________
Attention: Courtney Wing_______________
Any notice shall be deemed given only if in writing and upon delivery as provided for in this Section. A party may change its address for notices by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
684385.1 24
11. Attorneys’ Fees. If legal action is brought by any party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the parties shall bear their own attorneys’ fees.
12. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code.
13. Effect of Agreement on Title.
13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated or released.
13.2 Encumbrances and Lenders’ Rights.
13.2.1 Notwithstanding OWNER’s default, this
Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given and to which either or the following is true:
(i) the mortgagee or beneficiary cures any default by
OWNER involving the payment of money within ninety (90) days after receipt from CITY of the written notice of default;
(ii) as to defaults requiring title or possession of the Property or any portion thereof to effectuate a cure: (a) the mortgagee/beneficiary agrees iii writing, within ninety (90) days after receipt from CITY of the written notice of default, to perform the proportionate share of OWNER’s obligations under this Agreement allocable to that part of the Property in which the mortgagee/beneficiary
684385.1 25
has an interest conditioned upon such mortgagee’s/ beneficiary’s acquisition of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (b) the mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the Property or applicable portion thereof within said ninety (90) days and thereafter diligently pursues such foreclosure to completion, and (c) the mortgagee/ beneficiary promptly and diligently commences to cure such Default after obtaining title or possession.
13.2.2 The lien of any existing or future deeds of trust recorded against all or any part of the Property shall be superior and senior to any lien created by this Agreement or the recordation thereof.
At the request of any lender whose loan will be secured by a deed of trust on all or any part of the Property, CITY shall execute a subordination agreement subordinating their interest hereunder to the lien of such deed of trust, which subordination agreement shall be subject to the reasonable approval of CITY. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such mortgagee to devote the Property, or any part thereof, for any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.
13.2.3 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any existing or future mortgage or deed of trust on the Property made in good faith and for value.
13.2.4 Except as provided to the contrary in this
Agreement, no mortgagee or beneficiary shall have an obligation or duty under this Agreement to perform the obligations of OWNER or other affirmative covenants of OWNER hereunder, or to guarantee such performance, and no mortgagee or beneficiary shall be liable for any defaults or monetary obligations of OWNER arising prior to acquisition
684385.1 26
of title to the Property by such mortgagee or beneficiary or their respective successors or assigns; except that to the extent any covenant to be performed by OWNER is expressly identified in the Development Plan Approval(s) as a condition to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder. If a mortgagee or beneficiary elects to develop the Property in accordance with the Development Plan Approval(s), the mortgagee or beneficiary shall be required to assume and perform the obligations or other affirmative covenants of OWNER tinder this Agreement.
14. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the invalidity was not a material part of consideration for the OWNER or the CITY. If the invalidity was a material part of the consideration, this Agreement will terminate unless CITY and OWNER agree to amend this Agreement as provided for herein.
15. Subsequent Amendment to Authorizing Statute. This
Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date.
The extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement.
16. Rules of Construction and Miscellaneous Terms.
16.1 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute
684385.1 27
arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY’s police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the impermissible surrender or abnegation of the CITY’s governmental powers over the Property or any decision arising from the Agreement, directly or indirectly. This Agreement shall be interpreted as though drafted by both Parties equally.
16.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
16.3 Gender. The singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory, “may” is permissive.
16.5 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall have the effect of materially harming or injuring the right of the other Parties to receive the benefits provided for in this Agreement; each party shall refrain from doing anything which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement.
16.6 No Waiver of Vesting. Nothing in this Agreement shall be construed as limiting or impairing any vested rights to proceed with the Development or use of the Property arising independently from entitlements, including those approved for the Project, issued by the CITY or others prior to, concurrently with, or subsequent to the approval
684385.1 28
of this Agreement, Federal and State Constitutions, statutes, or decisional law.
16.7 Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element.
16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein.
16.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the Parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.
17. Deleted.
18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its assignees and shall not be construed to benefit or be enforceable by any third party.
19. Attachments. The following attachments are hereby incorporated by reference as if fully set out in the body of this Agreement.
Attachments Description
Exhibit A Legal Description
Exhibit B Approved Entitlement Plans
Exhibit C Approved Resolution 2021-21
20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
684385.1 29
684385.1 30
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.
Dated: _______________, 2024
“CITY”
CITY OF NORCO, a California
Charter City
By: ________________________________
Name: ______________________________
Title: Mayor
Date: _______________________________
ATTEST:
_________________________________________________________ City Clerk, Norco
APPROVED AS TO FORM:
_____________________________-
________________________________
City Attorney
Date:______________
684385.1 31
COMPANY:
NEWCASTLE SKYE PARKRIDGE, LLC,
a California limited liability company,
By: Newcastle Partners, Inc.,
a California corporation
Its: Manager
By: _______________________________________
Name: Dennis D. Higgs
Title:President
684385.1 32
State of California )
) ss
County of __________ )
On __________________ before me, _________________ personally appeared ________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), arid that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
State of California )
) ss
County of ___________ )
On __________________ before me, _________________ personally appeared ________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), arid that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
684385.1 33
Witness my hand and official seal.
Signature of Notary
Exhibit "A"
Site Plan 2020-11
Newcastle LLC
1004 Parkridge Avenue
PROJECT:
APPLICANT:
LOCATION:
E Not to Scale
Location Map
0 0
0 0
0 0
0 740
0 731
0 0
620
0 1290
1044
0 517
741
996
0 0
0 2200
0 0
896
2655
0 2675
1063
2270
0 2625
2695
2670
1050
2555
2344
2366
2384
2398
2430
2328
2575
2399
1004
1280
1116
1176
1146
2439
1260
2385
2369
2320
1320
1030
938
942
978
13 2349
99 982 1120
0 994
1180
1140
0 2339
PARKRIDGE AV
MOUNTAIN AV
THREE BAR LN
TH
REE BAR LN
EASEMENT EMPLOYEE BREAK AREA SEE ENLARGEMENT Brisbane Box Tristania conferta TREES SYMBOL BOTANICAL/COMMON NAME PLANTING LEGEND SIZE QTY WUCOLS REMARKS 15 Gal 33 M Chitalpa tashkentensis Chitalpa 24" Box 29 L Standard Standard Chilean Mesquite Prosopis chilensis 24" Box 2 M Multi Pistacia chinensis Chinese Pistache 24" Box 7 L Standard Acacia redolens 'Low Boy' 1 Gal 8' O.C. Low Boy Trailing Acacia ACCENTS GROUNDCOVER Rosmarinus o. 'Huntington Carpet' 1 Gal 48" O.C. LL SYMBOL BOTANICAL/COMMON NAME SIZE QTY WUCOLS REMARKS SYMBOL BOTANICAL/COMMON NAME SIZE SPACING WUCOLS REMARKS M Huntington Carpet Rosemary 1 Gal 30" O.C. Dasylerion wheeleri Desert SpoonHesperaloe parviflora Red Yucca Lonicera j. 'Halliana' Hall's Honeysuckle Rosa 'Flower Carpet' Red Red Flower Carpet Rose 1 Gal 48" O.C. L Altas Fescue Festuca mairei 1 Gal 24" O.C. M Senecio mandraliscae 4" Pots 12" O.C. M Blue Chalksticks Grass Coral Aloe Aloe striata Lantana 'New Gold' Compact Gold Lantana Agave villmoriniana 5 Gal L Octopus Agave 1 Gal L 5 Gal L 5 Gal L 1 Gal L Agave 'Blue Glow 5 Gal L Blue Glow Agave Abg Abg Abg Abg AbgAbgAbg Abg Abg Abg Eg Eg EgEg Eg Eg Eg SG wgb wgbwgb wgbwgbwgbwgb wgbwgb wgb wgb wgb wgb wgbwgbwgbwgb wgb wgb wgb wgb wgb wgb wgb wgbwgb wgb wgbwgb wgb wgb wgb wgb wgb wgb wgb wgbwgb wgb wgb wgb wgb SGSGSGSGSGSGSG SG SG SGSGSGSG SG SG SG SG SG SGSG SG SG SGSG SG SG SG SGSGSGSGSG SG SG SG SGSGSGSGSGSGSG SG SG LLLLLLL L L L L L L L L L L L L L L L L L L L L L LLLLLLLLLLL L L L L L L L L L L L L L L L L SAC SAC SAC SAC SGSG SG wgbwgb wgbwgb wgb wgb wgbwgbwgbwgb wgb wgbwgb wgb wgbwgb wgb wgb wgb wgb wgb wgb wgb wgb wgb wgb wgb wgbwgbwgbwgb wgbwgbwgb SGSG SG SG SG SG SG SG Westingia Grey Box Dwarf Coast Rosemary Ligustrum japonicum Texas Private Salvia greggii Autumn Sage Salvia Allen Chickering Allen Chickering Sage Aloe stricta Coral Aloe Enchinocactus grusonii Golden Barrell Cactus Agave Blue Glow Blue Glow Agave Baccharis pilularis Prostrate Coyote Bush Rosmarinus prostratus Prostrate Rosemary Feathery Cassia Senna artemisioides Rhamnus californica Coffeeberry Autumn Sage Salvia greggii Texas Ranger Leucophyllum f. 'Green Cloud' SYMBOL SIZE SPACING REMARKS SHRUBS BOTANICAL/COMMON NAME WUCOLS Texas Privet Ligustrum j. Texanum Hopseed Bush Dodonaea viscosa 'Purpurea' Pink Muhly Muhlenbergia capillaris 1 Gal 3' L 5 Gal 4' M 5 Gal 4' L 5 Gal 3' M 5 Gal 4' L Sanat Barbara Sage Salvia l. 'Santa Barbara' 5 Gal 3' L 5 Gal 4' L 5 Gal 4' L Pineapple Gauva Acca sellowiana 5 Gal 3' M City of Norco 20-100 12.22.20 1004 PARKRIDGE AVENUE BUSINESS PARK 711 FEE ANA STREET 714.986.2400 FAX 714.986.2408 PLACENTIA, CA 92870 0 10' 20' 40' N SCALE: 1" = 20'-0" N Employee Break Area
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