AGENDA
City Council
Wednesday, August 7, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00 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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
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 153-240-028
Agency negotiators: City Manager
Under negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Hanna
INVOCATION Associate Pastor Lazaro Santiago
Beacon Hill Assembly of God
City Council Agenda - August 7, 2024
PRESENTATIONS Horseweek Donations
City of Norco Mounting Block Pilot
Project
Read to Ride Program
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. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body 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 July 17, 2024.
Staff Report - Pdf
City Council Agenda - August 7, 2024
3.C. Resolution authorizing submittal of an application for grant funding from State Water Resources Control Board for Per- and Polyfluoroalkyl Substances (PFAS) Remediation
RECOMMENDATION:
Adopt Resolution No. 2024-50, authorizing the City Manager or their designee to submit an application for financial assistance agreement from the State Water Resources Control Board for the planning, design, and construction of Per- and polyfluoroalkyl substances (PFAS) Groundwater Remediation Project.
Staff Report - Pdf
3.D. Quarterly Investment Report for Quarter Ended June 30, 2024 RECOMMENDATION:
Receive and file the Quarterly Investment Report for the Quarter Ended June 30, 2024.
Staff Report - Pdf
3.E. Acceptance of the Citywide Facility Painting and Treatment Project as Complete (Project No. 54303.8)
RECOMMENDATION:
Accept the Citywide Facility Painting and Treatment Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
Staff Report - Pdf
3.F. 2023 General Plan Annual Progress Report (APR)
RECOMMENDATION:
Receive and File.
Staff Report - Pdf
3.G. Authorize the City of Norco to opt in to participate in the National Opioid Kroger Settlement Agreement
RECOMMENDATION:
Authorize to opt in to participate in the National Opioid Kroger Settlement Agreement.
Staff Report - Pdf
City Council Agenda - August 7, 2024
3.H. Acceptance of Bids, Award of Contract, and Approval of Project Plans for the Norco Animal Shelter NPDES Improvement Project
RECOMMENDATION:
Accept bids, approve project plans, and award the contract to Act 1 Construction Inc. for the Norco Animal Shelter NPDES Improvement Project in the amount of $215,756, and authorize the City Manager to approve contract change orders up to 10% of the original contract.
Staff Report - Pdf
3.I. New Observance Request: Constitution Week
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Constitution Week.
Staff Report - Pdf
3.J. Designation of Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference and Expo
RECOMMENDATION:
Adopt Resolution No. 2024-51, appointing Mayor Kevin Bash as the voting delegate to represent the City of Norco at the 2024 League of California Cities Annual Conference and no alternate will be appointed.
Staff Report - Pdf
3.K. Amendment of Fiscal Year 2023-24 Capital Improvement Program to include additional funding for the Shawnee Lift Station Replacement Project
RECOMMENDATION:
Increase the Fiscal Year 2023-24 Capital Improvement Program (CIP) in the amount of $66,000 for the Shawnee Lift Station Replacement Project.
Staff Report - Pdf
City Council Agenda - August 7, 2024
3.L. Consideration of an amendment to the Participation Agreement with the Norco Automobile Merchants Association for upgrades to the Auto Mall's digital sign, and appropriate $188,200 from the Economic Development Reserve for the City's share of the sign upgrades
RECOMMENDATION:
Authorize the Mayor to execute the agreement and approve an appropriation of $188,200 from the Economic Development Reserve for the City's share of the sign upgrades.
Staff Report - Pdf
3.M. Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services
RECOMMENDATION:
Approve Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services
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.
5.A. Second Reading of Ordinance No.1120: Code Amendment 2024-04 (City of Norco) - A City initiated amendment to Title 15 of the Norco Municipal Code (NMC), Section 15.01.080 pertaining to “Work Exempt from Permit” to update/clarify the provisions and standards for animal keeping corrals that do not require a building permit
RECOMMENDATION:
Adopt Ordinance No. 1120, Second reading: An Ordinance of the City Council of the City of Norco, California, approving Code Amendment 2024- 04: a City initiated amendment to Title 15, Section 15.01.080 pertaining to “work exempt from permit” to update/clarify the provisions and standards for large animal-keeping corrals that do not require a building permit in the City of Norco thereby superseding City Council Resolutions 96-71 and 98-
11. Staff Report - Pdf
City Council Agenda - August 7, 2024
5.B. Second Reading of Ordinance No. 1121, Code Amendment 2024-07 (City of Norco): A City initiated amendment to Norco Municipal Code Title 15, Chapter 15.60 - "Flood Plain Management" updating this chapter for compliance with FEMA requirements
RECOMMENDATION:
Adopt the second reading of Ordinance No. 1121, an Ordinance of the City Council of the City of Norco, California, amending Chapter 15.60 (floodplain management) of title 15 of the Norco Municipal Code to align with updated FEMA guidelines and to improve flood resilience.
Staff Report - Pdf
5.C. Second Reading of Ordinance No. 1122 - Code Amendment 2024-08 (City of Norco) - A City initiated amendment of Title 2 of the Norco Municipal Code (NMC), Chapter 2.06 "City Council Salaries" to adjust Council Member Compensation
RECOMMENDATION:
Adopt Ordinance No. 1122, Second reading: An Ordinance of the City Council of the City of Norco amending the Norco Municipal Code Title 2, Chapter 2.06 “City Council Salaries” increasing the compensation of City Council Members – Code Amendment 2024-08
Staff Report - Pdf
6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
6.A. California Native Drought-Tolerant Landscaping Policy for City Facilities RECOMMENDATION:
Adopt the California Native Drought-Tolerant Landscaping Policy for City Facilities.
Staff Report - Pdf
City Council Agenda - August 7, 2024
6.B. 2024 Review of Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
RECOMMENDATION:
Discuss and provide comments/direction on staff's recommendations to Chapter 18.68.
Staff Report - Pdf
6.C. Request for a Twelve-Month Extension of Time for Approved Tentative Parcel Map 37939 (Frontier Homes II, LLC)
RECOMMENDATION:
Approve a request for a twelve-month extension to record a final map corresponding with Tentative Parcel Map 37939, with a new expiration date of September 7, 2025.
Staff Report - Pdf
6.D. Consider the City of Norco's current participation in the League of California Cities and future participation in California Contract Cities Association
RECOMMENDATION:
Discuss and provide staff with direction to continue/not continue participation with the League of California Cities and provide direction to staff as to participation with California Contract Cities Association.
Staff Report - Pdf
7. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
City Council Agenda - August 7, 2024
7.A. Public Hearing: Ordinance No. 1123, First Reading: Amendment of Ordinance 1040 for Title 3 of the Norco Municipal Code (NMC), Chapter
3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09
RECOMMENDATION:
Ordinance No. 1123: First Reading, Approval of Amendment of Ordinance 1040, for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09.
Staff Report - Pdf
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: August 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: August 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 July 17, 2024.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
City Council - Jul 17 2024 - DRAFT Minutes
DRAFT - MINUTES
City Council
Wednesday, July 17, 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
City Attorney Burns read the Closed Session items into the record.
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
2 potential cases
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 Potential Case)
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: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
RECONVENE PUBLIC SESSION 7:36 PM
City Council Minutes - July 17, 2024
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns reported no action was taken on any anticipated litigation items, settlement authority was provided to the City Manager regarding property negotiation, and both labor negotiation and performance evaluation were not heard.
PLEDGE OF ALLEGIANCE Council Member Grundmeyer
INVOCATION Council Member Grundmeyer
PRESENTATIONS
Introduction of RSO Captain Rowan
Mayor Bash introduced Captain Rowan.
Parks Make Life Better Proclamation
Mayor Bash presented the Parks Make Life Better Proclamation and Community Services and Facilities and Maintenance team members accepted the proclamation.
Serve your City as a Volunteer
Community Services Senior Admin Assistant, Julie Castellanos, presented the report and answered questions from the Council Members.
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
Bill Gunn thanked Mayor Bash and Council Member Grundmeyer for their help with the ADU process and thanked Associate Planner Woods-Diaz for going out of her way to help with the planning process of the ADU. He spoke regarding his concerns regarding the fee increase when the ADU square footage increases from 749 sqft to 750 sqft.
Art Marquez introduced himself as the new So Cal Gas Public Affairs Manager for the region.
Dillon Wemple spoke regarding Consent Calendar Item 3.G. and his concerns for if a solar powered generator option was explored before deciding on the gaspowered generator.
City Council Minutes - July 17, 2024
Joseph Turner thanked the City Council for all that they do for the City and spoke regarding his concern for the maintenance of back yard trails.
3. CONSENT CALENDAR
Approval of Consent Calendar as Presented.
Council Member Aleman requested that item 3.F. and 3.G. be pulled for discussion.
M/S ALEMAN/BASH Approve the 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 June 19, 2024 and Special Meeting Minutes of June 17, 2024.
3.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on July 10, 2024
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on July 10, 2024.
3.D. Execution of an Amended Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-1G Storm Drain Project
City Council Minutes - July 17, 2024
Action: Approved the Amended Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District for the additional gas relocation costs associated with the Norco MDP Line N-1G Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorized the Mayor to execute the agreement.
3.E. Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Town & Country Storm Drain Project
Action: Approved the Cooperative Funding Agreement with Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Town & Country Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorized the Mayor to execute the agreement.
3.H. Acceptance of the Citywide Flooring Project as Complete (Project No. 54303.9) Action: Accepted the Citywide Flooring Project as Complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.
3.I. Acceptance of Proposal and Award of Contract for the Pikes Peak Playground Replacement Project; Approve Project Plans
Action: Accepted proposal and awarded the contract to PlayCore Wisconsin, Inc. dba GameTime C/O Great Western Recreation in the amount of $1,050,000 as submitted under the cooperative purchasing agreement with Omnia Partners (Contract # 2017001134); and authorized the City Manager to approve contract change orders up to 10% of the original contract and approve project plans for the installation of the playground structures.
3.J. Amendment of Supplemental Agreement for the Use of 2022-23 Community Development Block Grant Funds
Action: Approved Amendment of Supplemental Agreement for the increase of $48,141 of 2022-23 Community Development Block Grant Funds and amended FY 2024-25 Budget to include increase.
3.K. Consideration to create an Ingalls Event Center Subcommittee.
Action: Approved the Ingalls Event Center Subcommittee and appointed City Council Members Berwin Hanna and Robin Grundmeyer to serve on the Subcommittee.
City Council Minutes - July 17, 2024
4. ITEM(S) PULLED FROM CONSENT CALENDAR
3.F. Tree Planting and Irrigation Project on Temescal Avenue - Sixth Street to Seventh Street
Council Member Aleman recommended that the Oklahoma Redbud tree be replaced with a native Western Redbud tree if appropriate and cost efficient.
Council Members discussed the trees and had no further questions or concerns.
Motion was made.
M/S ALEMAN/NEWTON Accept the cost quotes from Nova Landscaping Group and West Coast Arborists for the Temescal Avenue Tree Planting Project, and authorize the City Manager to issue purchase orders in the amount of $84,985 and $21,800, respectively, for a total $106,785 with the replacement of the Oklahoma Redbud tree with a native Western Redbud tree if appropriate and affordable. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3.G. Acceptance of Proposals and Award of Contract for the Senior Center Emergency Generator Project; Approve Project Plans; and Approve Appropriation of Additional Measure R Funds for the Proposed Project Council Member Aleman asked Facilities and Maintenance Director Hamilton to address the decision to go with a gas-powered generator rather than a solar powered generator.
Facilities and Maintenance Director Hamilton answered questions and addressed concerns.
Following discussion, motion was made.
M/S ALEMAN/BASH Accept proposals and award the contract to FEC Electric, Inc. for the Senior Center Emergency Generator Project in the amount of $311,385, and authorize the City Manager to approve contract change orders up to 10% of the original contact; approve project plans; appropriate additional Measure R Funds in the amount of $45,000 to fund the cost of the project that
City Council Minutes - July 17, 2024
includes a 10% contingency, bid notification costs, and incidental costs associated with the project.
The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. DISCUSSION / ACTION ITEM(S)
5.A. Discussion of an Ordinance to adjust Council Member Compensation City Attorney Burns presented the report on Council Member compensation.
City Attorney Burns and Finance Director Free answered questions and addressed concerns.
Mayor Bash opened Public Comment.
Geoff Kahan spoke in opposition of the item and regarding his concerns for the increase of Council Member compensation.
Mayor Bash closed Public Comment.
Mayor Bash and Council Members discussed the compensation and City Attorney Burns answered questions and addressed concerns.
City Attorney Burns read the title into the record.
Following discussion, motion was made.
M/S ALEMAN/HANNA Adopt the first reading of an Ordinance Amending Section
2.06.030 of the Municipal Code, Salaries, adjusting Council Member Compensation to $1,182.50 per Month, to be effective January 1, 2025. The Motion was carried by the following roll call vote:
AYES: BASH, ALEMAN, AND HANNA
NOES: NEWTON AND GRUNDMEYER
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - July 17, 2024
5.B. Discussion to consider financial participation in bleacher rental costs for Norco Horseweek, Norco Mounted Posse PRCA Rodeo, and Norco Fair City Manager Sassoon presented the report.
City Manager Sassoon answered questions and addressed concerns.
Mayor Bash opened Public Comment.
Greg Bowen spoke in support of the item and his appreciation for the help.
Jon Grundmeyer thanked the subcommittee and City Council for their consideration and spoke in support of the item.
Bonnie Slager spoke in support of the item and stated the money would be an investment in local groups and businesses as the money goes back to the City.
Mayor Bash closed Public Comment.
Jon Grundmeyer answered questions and addressed concerns.
Following discussion, motion was made.
M/S BASH/GRUNDMEYER Consider the recommendation of the Ingalls Ad Hoc Committee and approve the financial participation in bleacher rental costs for Norco Horseweek, Norco Mounted Posse PRCA Rodeo, and Norco Fair. 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. Public Hearing: First Read of Ordinance No.1120: Code Amendment 2024-04 (City of Norco) - A City initiated amendment to Title 15 of the Norco Municipal Code (NMC), Section 15.01.080 pertaining to “Work Exempt from Permit” to update/clarify the provisions and standards for animal keeping corrals that do not require a building permit.
Community Development Director Robles presented the report.
City Council Minutes - July 17, 2024
Community Development Director Robles answered questions and addressed concerns.
Mayor Bash opened Public Hearing.
Bill Naylor spoke in support of the item with the concern to consider the modification of allowing 10 foot walls rather than 8 foot walls to accommodate larger animals.
Mayor Bash closed Public Hearing.
Community Development Director Robles answered questions and addressed concerns.
City Attorney Burns read the Ordinance title into the record.
Following discussion, motion was made.
M/S BASH/HANNA Adopt the first reading of Ordinance No. 1120, approving Code Amendment 2024-04. 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. Public Hearing: Confirming the Report of Costs for Spring and Fall Weed Abatement, Fiscal Year 2023-24
Chief Otterman presented the report.
Council Members had no questions or concerns.
Mayor Bash opened Public Hearing.
There were no public comments.
Mayor Bash closed Public Hearing.
Motion was made.
City Council Minutes - July 17, 2024
M/S BASH/ALEMAN Adopt Resolution No. 2024-49, confirming the Report of Costs for abatement of weeds and hazardous vegetation as a public nuisance and imposing special assessment liens on vacant parcels within the City. 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. Public Hearing: Code Amendment 2024-07 (City of Norco): A City initiated amendment to Norco Municipal Code Title 15, Chapter 15.60 - "Flood Plain Management" updating this chapter for compliance with FEMA requirements Deputy City Engineer Nelson presented the report.
Deputy City Engineer Nelson answered questions and addressed concerns.
Mayor Bash opened Public Hearing.
There were no public comments.
Mayor Bash closed Public Hearing.
City Attorney Burns read the Ordinance title into the record.
Motion was made.
M/S BASH/GRUNDMEYER Adopt the first reading of Ordinance No. 1121, amending Chapter 15.60 (Floodplain Management) of Title 15 of the Norco Municipal Code. Code Amendment 2024-07 The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa updated the City Council on the nomination period for candidates that started on July 15, 2024 and will run until August 9, 2024 or be extended to August 14, 2024 if an incumbent does not pull paperwork to run.
City Council Minutes - July 17, 2024
Mayor Pro Tem Newton spoke regarding a Rural Meeting discussion on trail markers in disrepair and the Corydon staging area that needs refurbished. He recommended that fundraising be looked into to refurbish the staging area.
Council Member Grundmeyer recommended that a discussion be agendized to partner with the community to do a safe driving campaign to bring attention to the speeding on local streets.
M/S GRUNDMEYER/BASH to agendize the discussion of a Safe Driving Campaign. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Bash spoke regarding the success of a fundraiser ride that took place over the weekend.
8. ADJOURNMENT
Mayor Bash adjourned the meeting at 9:31 PM with a moment of silence in honor of Corey Comperatore.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.C.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Resolution authorizing submittal of an application for grant funding from State Water Resources Control Board for Per- and Polyfluoroalkyl Substances (PFAS) Remediation RECOMMENDATION:
Adopt Resolution No. 2024-50, authorizing the City Manager or their designee to submit an application for financial assistance agreement from the State Water Resources Control Board for the planning, design, and construction of Per- and polyfluoroalkyl substances (PFAS) Groundwater Remediation Project.
SUMMARY:
The emergence of PFAS detected in groundwater across the US and strict water quality guidelines for PFAS in drinking water established by United States Environmental Protection Agency (US EPA) has created a significant demand for treatment technology for the removal of PFAS in drinking water. This unplanned treatment requirement places a heavy financial burden on water supply entities and the federal government has stepped in to provide financial support in the form of grants or low interest loans that water suppliers can apply to obtain funding. The City of Norco is already working on the design of a PFAS removal system for existing groundwater wells and will be submitting an application to the State for grant funding to offset the cost for design and construction of a PFAS treatment system.
BACKGROUND:
President Biden signed the Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs Act (IIJA) of 2021, (P.L. 117-58) on November 15, 2021. IIJA includes $50 billion to the U.S. Environmental Protection Agency (EPA) to strengthen the nation’s drinking water and wastewater systems. The BIL provides $5 billion through the Clean Water and Drinking Water State Revolving Funds (SRFs) to reduce people’s exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other emerging contaminants through their drinking water. This is a unique opportunity
to prioritize investment to local communities that are on the frontlines of PFAS contamination and that have few options to finance solutions through traditional programs.
Under the State Grant Funding Program, the City would be eligible to apply for up to $5,000,000 in funding with a 50 percent match requirement. At this time, the Public Works Department has already engaged a professional engineering consultant to help design a PFAS treatment system that will help in preparing plans and specification documents required for the grant application. However, one of the required documents for submittal of a grant application is a Resolution from the City of Norco authorizing the City Manager or their designee to submit the grant application.
FISCAL IMPACT:
Approval of Resolution 2024-50 would make the City eligible to apply for up to $5,000,000 in grant funding to help supplement design and construction costs related to a new PFAS groundwater treatment system for the City's wells.
RELATIONSHIP TO STRATEGIC PLAN:
Approving Resolution 2024-50 authorizing submittal of grant application is consistent with Strategic Direction #3 - Financial Stability, "Assure financial stability by identifying new 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, LLP, City Attorney ATTACHMENT(S):
Resolution No. 2024-50_PFAS Grant Authorization
RESOLUTION NO. 2024-50
A RESOLUTION AUTHORIZING A FINANCIAL ASSISTANCE
APPLICATION TO THE STATE WATER RESOURCES CONTROL
BOARD FOR PFAS GROUNDWATER REMEDIATION PROJECT AND
DESIGNATING THE CITY MANAGER OR DESIGNEE TO SIGN AND
SUBMIT THE APPLICATION.
WHEREAS, THE CITY OF NORCO RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO (THE “CITY”), AS FOLLOWS:
WHEREAS, the City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of PFAS Groundwater Remediation Project (the “Project”); and
WHEREAS, this Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto; and WHEREAS, the Authorized Representative, or his/her designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, to approve Resolution No. 2024-50.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 7, 2024.
_______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2024-50
August 7, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on August 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 August 7, 2024. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.D.
To: Honorable Mayor and City Council Members
From: Lisette Free, Finance Director
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Quarterly Investment Report for Quarter Ended June 30, 2024 RECOMMENDATION:
Receive and file the Quarterly Investment Report for the Quarter Ended June 30, 2024.
SUMMARY:
This report has been prepared to meet the requirements of the City’s Investment Policy and applicable sections of the State of California Government Code.
BACKGROUND:
Attachment 1 provides a summary schedule of the City’s operating portfolio holdings by type as of June 30, 2024. This summary also provides information on investment compliance with the limitations imposed by State law and the City’s Investment Policy.
Investments that are subject to the Statement of Investment Policy are operating or idle funds invested by the Treasurer within the provisions of the approved Investment Policy.
During the quarter ended June 30, 2024, the operating portfolio increased by a net amount of $11.5 million from $85.4 million to $96.9 million.
The excess of cash receipts over cash disbursements was anticipated during the quarter as revenue receipts during the fourth quarter of the fiscal year usually exceeds disbursements for expenditures. This is due to receipt of vehicle license fees, utility franchise fees, second installment of property taxes for the City and special districts, and receipt for Successor Agency debt service payments. The Successor Agency property tax received will be used for Successor Agency debt service payments in August. In comparing the current quarter to last year’s quarter, the current year operating portfolio increased mainly by the Successor Agency, Water Fund, Storm Drain Fund and Special Districts.
A summary of investments not subject to the provisions of the Investment Policy (bond proceeds and debt service reserve funds) is also shown on Attachment 1. These funds are invested in accordance with applicable bond indenture provisions. During the quarter ended June 30, 2024, bond proceeds and debt service reserve fund portfolio decreased by a net amount of $0.7 million from $7.5 million to $6.8 million due to debt service payments on Enterprise Revenue Bonds.
Attachment 2 provides a graphical breakdown of the operating portfolio holdings by investment type as of June 30, 2024. This chart is for investments that are subject to the Investment Policy. The operating portfolio consisted of 36.14% investment in the State of California Local Agency Investment Fund (LAIF), 34.73% California Asset Management Plan (CAMP), 25.70% in Agency Securities and the remaining 3.43% in cash.
Attachment 3 provides a detailed listing of the City’s portfolio holdings as required by the Government Code. In this listing, “N/A” is used to denote that the information is either not available or applicable. Agency Securities issued by United States Government Sponsored Entities (GSEs) are rated “AA+” by Moody’s rating service and “AAA” by Fitch rating service. Attachment 4 indicates cash balances by Fund as additional information to complement the schedule of investment holdings. For the Operating Funds, the cash balance provides an indication of the financial health of each Fund.
CASH FLOWS: Based on cash balances as of June 30, 2024 and anticipated cash receipts for the next six months, staff estimates that there will be sufficient cash to cover disbursements for the City and Successor Agency for the next six months ending December 31, 2024.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The Quarterly Investment Report is consistent with Strategic Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Attachment #1 - Summary Schedule
Attachment #2 - Portfolio Charts
Attachment #3 - Portfolio Details
Attachment #4 - Portfolio Details by Fund
Attachment #5 - Certification Form
Attachment 1
City of Norco, California
Portfolio Summary
As of June 30, 2024
City Investments Subject to Investment Policy Market Value Percentage Policy Maximum Compliance Cash $ 3,328,357 3.44% NA In Compliance
Local Agency Investment Fund 35,003,046 36.14% 100% In Compliance CAMP 33,641,051 34.73% 100% In Compliance
U.S. Government Agency Securities 24,894,095 25.70% 100% In Compliance Total $ 96,866,549 100.00%
3.565%
City Investments Not Subject to Investment Policy Market Value Percentage Community Facilities Districts $ 1,760,812 25.93%
Sewer and Water System 18,550 0.27%
Refunding Tax Allocation Bonds 5,010,249 73.79%
Total $ 6,789,611 100.00%
0.738%
Estimated Portfolio Yield
Estimated Portfolio Yield
Attachment 2
BEGINNING AND ENDING VALUES BREAKDOWN OF INVESTMENTS
Beg. Market Values Ending Market Values
Breakdown 3/31/2024 6/30/2024 Investments Subject to Investment Policy Portfolio % Rating Cash 7,826,911 3,328,357 Local Agency Investment Fund 35,003,046 36.14% Not Rated Local Agency Investment Fund 26,219,476 35,003,046 Federal Home Loan Banks 24,894,095 25.70% AAA California Asset Management Plan 29,232,360 33,641,051 CA Asset Management Plan 33,641,051 34.73% AAAm U.S. Government Agency Securities 22,095,861 24,894,095 Wells Fargo Checking Account 3,296,699 3.40% Not Rated Total Market Value 85,374,608 96,866,549 US Bank Principal Cash 31,659 0.03% Not Rated TOTAL 96,866,549 100%
SUMMARY OF CITY OF NORCO'S PORTFOLIO
INVESTMENTS SUBJECT TO INVESTMENT POLICY
Not Rated
40%
Rated
60%
By Rating
< 1 year
84%
1-3 years
16%
> 3 years
0%
By Maturity (Years)
Local Agency
Investment
Fund
36%
Federal Home
Loan Banks
26%
CA Asset
Management
Plan
35%
Cash and Cash
Equivalents
3%
By Type
Attachment 3 Page 1
City of Norco, California
Portfolio Details
As of June 30, 2024
Investments Subject to Policy
Cash & Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Checking Accounts N/A Wells Fargo N/A N/A 0.00% N/A 3,296,699 3,296,699 N/A N/A N/A Principal Cash N/A US Bank N/A N/A 0.00% N/A 31,659 31,659 Subtotal 3,328,357 3,328,357
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund XI.15 State of California N/A N/A N/A N/A 35,207,557 35,003,046 Subtotal 35,207,557 35,003,046
California Asset Management Plan
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A California Asset Management Plan XI.13 CA Joint Powers Authority N/A N/A N/A N/A 32,500,000 33,641,051 Subtotal 32,500,000 33,641,051
US Bank Custodial Account
06/28/21 09/30/24 3130AMV74 Federal Home Loan Banks XI.5 US Bank AAA 0.400% 0.405% 5,000,000 5,000,000 4,937,450 12/30/21 12/30/24 3130AQAR4 Federal Home Loan Banks XI.5 US Bank AAA 1.500% 1.528% 2,500,000 2,500,000 2,453,875 12/23/21 12/23/24 3130AQAS2 Federal Home Loan Banks XI.5 US Bank AAA 1.070% 1.092% 2,500,000 2,500,000 2,448,700 08/21/23 08/21/25 3130AWXU9 Federal Home Loan Banks XI.5 US Bank AA+ 5.500% 5.502% 3,400,000 3,400,000 3,398,878 01/08/24 01/08/27 3130AYE44 Federal Home Loan Banks XI.5 US Bank AA+ 5.125% 5.131% 3,000,000 3,000,000 2,996,310 01/26/24 01/26/28 3130AYPJ9 Federal Home Loan Banks XI.5 US Bank AA+ 4.500% 4.525% 6,000,000 6,000,000 5,966,280 04/09/24 04/09/26 3130B0SH3 Federal Home Loan Banks XI.5 US Bank AA+ 5.080% 5.094% 2,700,000 2,700,000 2,692,602 25,100,000 24,894,095
Total Investments Subject to Policy 96,135,915 96,866,549
Attachment 3 Page 2
City of Norco, California
Portfolio Details
As of June 30, 2024
Investments Not Subject to Policy (Bond Proceeds)
Community Facilities Districts
Cash and Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 65,887 65,887 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 178 178 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 32,765 32,765 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 112 112 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 334 334 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 10,994 10,994 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 6,801 6,801 Subtotal 117,070 117,070
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund (CFD 2002-1) XI.13 State of California N/A N/A N/A N/A 61,221 60,866 Subtotal 61,221 60,866
U.S. and Agency Securities
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
08/21/19 08/24/25 3136G4Q97 F H L M C M T N XI.5 US Bank AAA 65.000% 0.683% 1,440,000 1,440,000 1,369,512 11/10/20 08/23/24 3135GA4R9 F N M A XI.5 US Bank AAA 42.000% 0.423% 215,000 215,000 213,364 1,655,000 1,655,000 1,582,876
Total Community Facilities Districts 1,833,292 1,760,812 Investments Not Subject to Policy (Bond Proceeds)
Sewer and Water System
Cash and Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 284 284 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 17,065 17,065 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 1,194 1,194 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.931% N/A 6 6 Subtotal 18,550 18,550
Total Sewer and Water System 18,550 18,550
Attachment 3 Page 3
City of Norco, California
Portfolio Details
As of June 30, 2024
Investments Not Subject to Policy (Bond Proceeds)
Refunding Tax Allocation Bonds
Cash & Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.781% N/A 126,331 126,331 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.781% N/A 383 383 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.781% N/A 24,451 24,451 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.781% N/A 808 808 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.781% N/A 25,952 25,952 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 95 95 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 17,827 17,827 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 27 27 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 15,240 15,240 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 56,348 56,348 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 12 12 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 15 15 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 28,463 28,463 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 107,423 107,423 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 78 78 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 69 69 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 28,994 28,994 Subtotal 432,513 432,513
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund (2010 TABs) XI.13 State of California N/A N/A N/A N/A 25,625 25,476 N/A N/A N/A Local Agency Investment Fund (2003 TABs) XI.13 State of California N/A N/A N/A N/A 116,864 116,185 Subtotal 142,489 141,661
U.S. and Agency Securities
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
11/23/20 08/23/24 3135GA4R9 F N M A XI.5 US Bank AAA 42.000% 0.423% N/A 1,940,000 1,925,237 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 50.000% 0.534% N/A 1,040,000 974,355 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 50.000% 0.534% N/A 1,055,000 988,408 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 50.000% 0.534% N/A 585,000 548,075 Subtotal 4,620,000 4,436,075
Total Refunding Tax Allocation Bonds 5,195,002 5,010,249 Total Investments Not Subject to Policy 7,046,843 6,789,611
Attachment 4
City of Norco, California
Portfolio Details by Fund
As of June 30, 2024
Investments Subject to Policy Qtr ended
06/30/24
Fund Description Balance
012 Successor Agency Project Fund 141,800
016 Cal Home Grant Fund 190,988
017 Successor Agency Fund 3,213,568
018 Housing Fund 4,405,287
121 General Fund 28,530,824
122 Miscellaneous Grants Fund 617,023
124 Water Fund 5,317,278
126 Sewer Fund 269,342
127/132 Measure R Fund 11,961,263
128 Equipment Replacement Fund 4,366,823
129 Storm Drain Fund 2,063,884
131 Nancy Newman Fund 62,643
133 Gas Tax Fund (15,567)
134 Benefits and Insurance Fund 629,455
135 Information Technology Fund 1,226,315
136 SB1 Road Maintenance & Rehab. Fund 188,839
137 Measure A Fund 1,288,862
139 NPDES Fund (131,846)
140 General Govt Improvement Fund 457,735
141 Park Improvement Fund 1,088,906
142 Fire Improvement Fund 678,958
143 Trail Improvement Fund 233,005
144 Water Capital Fund 4,737,622
146 Public Meeting Facilities Fund 231,520
147 Sewer Facilities Fund 12,247,564
149 Street Improvement Fund 901,207
151 Animal Control Fund 34,223
152 Facility Improvement Fund 127,058
154 Trust Deposit Fund 450,102
156 AQMD Fund 27,492
158 Waste Management Fund 71,654
159 Recyled Water Capital Fund (173,601)
166 Recyled Water Fund 3,223,540
181 CFD 97-1 598,779
182 CFD 2001-1 2,694,347
183 CFD 2002-1 117,300
179 LMD #1 (4,264)
176 LMD #2 8,478
177 LMD #3 13,787
186 LMD #4 377,983
187 LMD #5 90,407
Subtotal - General Ledger 92,560,585
Various Outstanding Checks/Deposits in Transit 4,305,964 Total Cash and Investments 96,866,549
Attachment 5
Quarterly Investment Portfolio
For the Quarter Ended June 30, 2024
As required by the Government Code, the Treasurer certifies that the investments reported in the accompanying schedules (Attachments 1 through 4) comply with the City of Norco Investment Policy and that sufficient liquidity along with anticipated revenues are available to meet the City and Successor Agency budgeted expenditure requirements for the next six months ending December 31, 2024. ___________________________ July 17, 2024________________ Lisette Free, Finance Director Date
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.E.
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 the Citywide Facility Painting and Treatment Project as Complete (Project No. 54303.8)
RECOMMENDATION:
Accept the Citywide Facility Painting and Treatment Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.
SUMMARY:
The Citywide Facility Painting Project aimed to refresh the exteriors of several key buildings: Fire Station 47, Senior Center, Scout House, and the Community Center.
These structures had paint that was more than 20 years old, which had begun to deteriorate due to weather exposure. By repainting them, the project sought to extend their exterior life, protecting them from further weather damage and ensuring they remain functional and aesthetically pleasing for the community. This maintenance effort was crucial to preserving the integrity and longevity of these important civic assets.
BACKGROUND:
On February 7, 2024, the City Council awarded Jimenez Painting Company a contract totaling $127,733 for the Citywide Facility Painting and Treatment Project, with a provision allowing the City Manager to approve change orders up to 10% of the original contract amount. Jimenez Painting Company completed the project at a final cost of $139,613, which includes necessary change orders for additional painting of downspouts, rain gutters, light fixtures at Fire Station 47, and additional facade treatments at the Scout House.
The Facilities Superintendent and Facilities and Maintenance Director has conducted a thorough inspection and confirmed that Jimenez Painting Company fully complied with the plans and specifications outlined in the contract documents.
Based on this inspection and compliance, City staff recommends that the City Council accept Jimenez Painting Company's work as complete and authorize the City Clerk to proceed with recording the Notice of Completion with the County Recorder’s Office.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item closely aligns with Strategic Directive No. 5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Notice of Completion Project Pictures
NOTICE OF COMPLETION
Citywide Facility Painting and Treatment Project
(Project No. 54303.8)
FIRE STATION 47 – 3902 HILLSIDE AVENUE
ROSE M. ELDRIDGE SENIOR CENTER - 2690 CLARK AVENUE
COMMUNITY CENTER - 3900 ACACIA AVENUE
SCOUT HOUSE - 3939 CEDAR AVENUE
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.F.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
2023 General Plan Annual Progress Report (APR)
RECOMMENDATION:
Receive and File.
SUMMARY:
California Government Code Section 65400 mandates that Cities and Counties submit an Annual Progress Report (APR) on the General Plan to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD). The attached document fulfills this mandate; it has been reviewed by the Planning Commission at its meeting on July 10, 2024.
BACKGROUND:
The number of entitlements processed by the Planning Division stabilized in 2023 following a slight bump in 2022, as pandemic era restrictions came to an end.
Development projects processed by the Planning Department continue to grow more complex as the state passes new housing legislation, which oftentimes supersedes existing local zoning restrictions.
There were several legislative planning activities that occurred, particularly related to housing, which included an amendment of the City’s Zoning Code to follow new state housing laws related to Accessory Dwelling Units and Density Bonus laws. Staff also spearheaded several Zoning Code Amendments refining city regulations pertaining to detached accessory structures and updating industrial standards to ensure better neighborhood compatibility.
Staff continues to devote a large amount of staff time toward the comprehensive General Plan Update, which is anticipated to be completed in 2025.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
2023 Planning Annual Report
PLANNING NNUAL REPORT 2020
PAGE
2023 Planning Annual Report
PLANNING DIVISION
GENERAL PLAN
ANNUAL PROGRESS
REPORT
2023
2020 PLANNING NNUAL REPORT
PAGE 2
2023 Planning Annual Report
CITY COUNCIL
Robin Grundmeyer - Mayor (November 2024)
Kevin Bash - Mayor ProTem/Council Member (November 2026) Katherine Aleman - Council Member (November 2024)
Berwin Hanna - Council Member (November 2024)
Greg Newton - Council Member (November 2026)
PLANNING COMMISSION
Patricia Hedges - Chair (June 2024)
Jeff Shyu - Vice Chair (June 2026)
Danny Azevedo - Member (June 2027)
Fia Sullivan - Member (June 2026)
Tara Young - Member (June 2025)
CITY GOVERNMENT
PLANNING NNUAL REPORT 2020
PAGE 3
2023 Planning Annual Report
For 2023, the City of Norco Planning Department had a total of three (3) persons assigned to the current and advanced planning tasks for the City.
STAFF
Alma Robles - Planning Director
Vincent Acuna - Senior Planner
Erika Woods-Diaz - Associate Planner
PLANNING DIVISION
2020 PLANNING NNUAL REPORT
PAGE 4
2023 Planning Annual Report
I. PLANNING DIVISION ACTIVITIES
Introduction …………………………….……………...…………………………………………………………5 Current Planning……………………………………………………………………………..…..………………6 Advanced Planning………………………………………………………………………..……..……………...7 II. PLANNING PROJECTS 2023
General Plan Update….……………………………………………………………………..…..………………8 Administrative Cases…………………………………………………………………..………..………………9 Planning Cases…………………………………………………………………………………..……………..10 General Plan/Specific Plan Amendments…………………………………………….……………………...11 Zone Code Amendments…………………………………………………...………………………………....12 Zone Changes………………………………………………………………….……………...……………….13 Staff Development………………..…………………………………………..…………….…………………..14 Norco Developments…………………………………………………………...………………………………14 III. BUILDING PERMIT ACTIVITY
Calendar Year Building Permit Activity……………………………………….………….…………………..15 IV. COMMUNITY TRENDS AND GROWTH
Commercial/Economic Development………………………………………………………………..……….16 Residential Development…………………………………………………………...……………….………...18 Industrial………………...…………………………………………………………..……………….………….18 Rural Atmosphere (Zoning Layout of the Land)……………………………………..………….…………..19 V. POPULATION
Census Data……………………………………………………………………….………………..…………..21 Housing Data……………………………………………………………………..………….………………….22 VI. WORK PROGRAM
Work Program for 2023……………………………………………………………..…………..……………..23
TABLE OF CONTENTS
PLANNING NNUAL REPORT 2020
PAGE 5
2023 Planning Annual Report
INTRODUCTION
The City of Norco Planning Division’s Annual Progress Report (APR) outlines the activities of the Division from January 2023 through December 2023 consistent with State Law. Because the City became a Charter City in 2010, as defined by California State law and per Government Code Section 65700, annual reports were not required for Charter Cities. Because of the charter city exemption, Annual Progress Reports have not been provided by the City of Norco until the 2017 reporting year. With the implementation of the 2017 State Legislative Housing Package all cities, including Charter Cities, are required to submit an APR.
PLANNING DIVISION ACTIVITIES
2020 PLANNING NNUAL REPORT
PAGE 6
2023 Planning Annual Report
CURRENT PLANNING
Current planning involves a great deal of interaction with the general public. Planning Division staff provide timely and efficient service to the development community and ensures that development in the City meets or exceeds the expectations of the community. In addition to responding to public information requests and zoningrelated inquiries, the Planning Division staff also review development plans for commercial, industrial, and residential projects.
Duties Include:
• Processing planning entitlement applications (i.e. Conditional Use Permits, Site Plans, Variances, etc.) and preparing reports for review by the Planning Commission and City Council;
• Administrating the City’s zoning ordinances, development regulations, sign codes, and planning policies;
• Environmental review of projects for compliance with the California Environmental Quality Act (CEQA) and Riverside County's Multi-Species Habitat Conservation Plan (MSHCP);
• Plan checking of ministerial building applications such patio covers, fences, swimming pools, walls, etc. as they relate to zoning and land use for compliance with the standards of the City’s Ordinances;
• Plan checking of new commercial development for compliance with zoning regulation and entitlement approvals;
• Responding to telephone calls and inquiries in writing, at the public counter, and via email regarding zoning and land use issues;
• Business license review for new and existing businesses in the City; • Managing all aspects of commercial vehicle exemption permits: issuance, tracking, renewal, and termination.
• Implementing action items in the certified Housing Element to comply with state law.
PLANNING DIVISION ACTIVITIES
PLANNING NNUAL REPORT 2020
PAGE 7
2023 Planning Annual Report
ADVANCED PLANNING
Advanced planning deals with the future planning for the City of Norco. The activities of the advanced planning section include: research, data analysis, and report writing of federal, state and local mandated documents (i.e., general plan updates) required of city government for legislative review and compliance. These types of documents generally require a great deal of staff time and preparation before the final product is ready. In addition, some documents are required to be reviewed and updated on a yearly basis, such as the Housing Element Annual Report.
In addition, the Planning Division also works in preparing, amending, and updating the City’s Zoning Code and General Plan. The Planning Division is also responsible for the California Environmental Quality Act (CEQA) review of projects processed/ prepared under advanced planning, such as Annexations, Specific Plans, and Specific Plan Amendments.
In some cases, Advanced Planning requires community input and interaction. In these circumstances, the Planning Division is responsible for organizing and handling community involvement.
PLANNING DIVISION ACTIVITIES
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GENERAL PLAN UPDATE
In 2023, staff kicked off a comprehensive update of the General Plan, which will address a range of topics ranging from land use and transportation to recreation and economic development. The update provides our community with the opportunity to hold a collective “conversation” about the future, tackle changing needs and local conditions, and address new state mandates. The updated general plan is anticipated to be completed by the winter of 2025.
PLANNING PROJECTS IN 2023
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ADMINISTRATIVE CASES
The following table indicates the number of applications requiring administrative review by staff. Generally, administrative cases are not reviewed by the Planning Commission or City Council unless appealed, or under special circumstances.
The processing of administrative cases plays a major role in the daily activities of the Planning Division. Building Permit review continues to be at the top of administrative cases reviewed by the Division. Building permits for new commercial development and accessory buildings (following entitlement by the Planning Commission or City Council), new homes, accessory dwelling units (ADUs), room additions, residential pools, fencing etc., are reviewed for zoning compliance, and consistency with the Planning Commission conditions of approval, as applicable.
Administrative Cases
CASES 2021 2022 2023
Special Event Permits 59 30 45
Building Permit Reviews 100 223 233
Certificate of Occupancy 1 9 13
Sign Reviews 33 22 19
Planning Information
Letters
15 5 6
Landscape Reviews 7 5 3
Architectural/
Photometric Lighting
Reviews
4 3 6
TOTAL 219 297 325
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PLANNING CASES
The Planning Division received a total of 37 Planning Commission cases for 2023. Items that are heard by the Planning Commission included Appeals, Conditional Use Permits, General Plan Amendments, Site Plan Reviews, Zone Changes, and Zone Code Amendments.
Planning Commission Cases
* Includes review of detached accessory buildings for non-habitable use.
Cases 2021 2022 2023
Appeals 1 1 2
Conditional Use Permits (new) 10 12 10
General Plan Amendments 2 2 0
Site Plan Reviews* (new) 15 14 9
Specific Plans 0 0 1
Specific Plan Amendments 1 0 1
Tentative Parcel Maps 1 1 1
Tentative Tract Maps 1 1 1
Variance 1 5 6
Zone Changes 2 1 0
Zoning Code Amendment 4 5 6
Annexations 0 0 0
TOTAL 38 42 37
PLANNING PROJECTS IN 2023
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Legislative actions such a General Plan Amendments, Specific Plans/Amendments, Zone Code Amendments, and Zone Changes are typically processed to reflect new legislation and to establish and/or update provisions and requirements for certain land uses and development standards. The following is a brief description of all land use legislative actions taken by the City in 2023:
GENERAL PLAN AMENDMENTS
There were no General Plan Amendments in 2023. However, staff kicked off the city’s comprehensive General Plan update in the summer of 2023. This effort is ongoing with the anticipated adoption of the new General Plan in the winter of 2025.
SPECIFIC PLANS/AMENDMENTS
There was one (1) new Specific Plan Amendment in 2023.
Gateway Specific Plan 99-01 : Amended the Section 4.10.1.4 (Industrial District) of the Gateway Specific plan, amending the City’s existing industrial regulations to provide new and/or updated development, use, and operational regulations for industrial and warehouse uses.
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ZONE CODE AMENDMENTS
There were six (6) Zone Code Amendments processed in 2023:
1. Zone Code Amendment 2022-05 (City of Norco): Amended the Municipal Code Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law standards.
2. Zone Code Amendment 2023-01 (City of Norco): Amended the Municipal Code to update the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses.
3. Zone Code Amendment 2023-02 (City of Norco): Amended the Municipal Code to include a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any exiting warehouse or industrial building with a gross floor area larger than 20,000 square feet in the M-1 Zone and within the Industrial District of the Gateway Specific Plan.
4. Zone Code Amendment 2023-04 (City of Norco): Amended the “Zoning”, Chapter 18.68 “Accessory Building Use Permits”, to amend the provisions/ regulations for Large Vehicle Parking Buildings, and for buildings 240 square feet and under.
5. Zone Code Amendment 2023-05 (City of Norco): A City initiated amendment of the Municipal Code, that amends the provisions and regulations for roof overhangs/ eaves in the requires setback areas.
6. Zone Code Amendment 2023-03 (City of Norco): Amended the Municipal Code Title 18— “Zoning”, Chapter 18.65—”Residential Density Bonus Provisions” for compliance with State Law.
PLANNING PROJECTS IN 2023
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ZONE CHANGES
There were no Zone Changes processed in 2023.
PLANNING PROJECTS IN 2023
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STAFF DEVELOPMENT
Staff stayed current with new laws and regulations with updates provided through the American Planning Association, the Southern California Association of Governments, the Western Riverside Council of Governments, and the League of California Cities.
Staff attended the annual state Planning Conference in 2023.
NORCO DEVELOPMENTS
Certificates of Occupancy was issued for the following projects in 2023:
• Palomino Business Park (Phase 1): Eight industrial/warehouse buildings totaling 620,031 square feet, located at the southwest corner of Second Street and Mountain Avenue.
• Saddleback Ranch Business Park: Three industrial/warehouse buildings totaling 364,193 square feet, located at 3166 Horseless Carriage Drive.
PLANNING PROJECTS IN 2023
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CALENDAR YEAR 2023 BUILDING PERMIT ACTIVITY
The following table indicates the number and value of building permits issued for new construction (not including additions and remodels) from 2021-2023. The Building Division tracks activity based on a calendar year format.
Summary of New Construction 2021-2023
*Includes Accessory Dwelling Units (ADUs)
BUILDING PERMIT ACTIVITY
Year
Residential* Commercial/Industrial Total Permits
Amount Value Amount Value Amount Value
2021 5 $809,186 11 $56,144,621 16 $56,953,807
2022 20 $2,205,422 21 $10,970,015 41 $13,175,437
2023 39 $7,650,748 16 $3,261,816 55 $10,912,564
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COMMERCIAL & ECONOMIC DEVELOPMENT
The City of Norco has neighborhood, general, and heavy commercial/light industrial development throughout the City. However, the majority of commercial land is located on Hamner Avenue and Sixth Street.
HAMNER AVENUE
Hamner Avenue is the main commercial strip in the City. The Gateway Town Center, located on the west side of Hamner Avenue between First Street and Mountain Avenue, and the Norco Auto Mall, located on both sides of Hamner Avenue between Second and Third Streets, are two of the examples of large commercial developments along Hamner Avenue.
Hamner Avenue has experienced major infrastructure and right-of-way improvements.
New development has surfaced along this commercial corridor within the last ten years. As with any other city, new businesses in the area are important as they provide services to the community and generate additional tax base. The City of Norco has a limited supply of large and vacant commercially-zoned properties along Hamner Avenue. Most of the land available for development consists of infill properties.
COMMUNITY TRENDS & GROWTH
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COMMERCIAL & ECONOMIC DEVELOPMENT CONTINUED
The SilverLakes Equestrian and Sports Park, which opened in 2017, is a regional draw, attracting thousands of visitors from Los Angeles, Orange, Riverside, and San Bernardino Counties annually. In an effort to work with existing conditions and to continue establishing a stable tax base for the community, the City promotes hospitality development along Hamner Avenue. Hospitality development is expected to leverage the economic benefit that the SilverLakes Equestrian and Sports Park provide to the City.
In addition to the aforementioned regional facility, the City-owned George Ingalls Equestrian Event Center has become a premier regional attraction for equestrian shows, rodeos, dog shows which attract more than 215,000 visits annually. The event center is the eastern anchor to Sixth Street, the historic commercial center for Norco.
SIXTH STREET
The commercial corridor along Sixth Street extends from the I-15 Freeway east to the George Ingalls Equestrian Event Center. This commercial corridor has undergone several changes throughout the years facilitating new development while maintaining an “Old Town,” western-themed neighborhood commercial corridor that includes a strong presence of animal keeping services and retail opportunities. Zoning along Sixth Street has been upgraded and expanded to include a broad list of uses ranging from entertainment/recreational businesses such as brewpubs, national retail chains, and hospitality-related uses such as hotels and inns.
COMMUNITY TRENDS & GROWTH
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RESIDENTIAL DEVELOPMENT
The City of Norco's residential zoning districts are primarily built-out, such that for the last several years all residential development has consisted of single lot infill development, resulting in only a few new units per year. Recently, the production of ADUs has outpaced new single-family home construction.
To promote residential development consistent with the City's certified Housing Element present and past, there are housing development overlays on specific commercial lots that allow 20-30 dwelling units per acre on at least half of the acreage of a project site, which is achieved in the form of a Housing Development Overlay (HDO). Furthermore, the City has been actively facilitating the development of ADUs in compliance with state law and the approved Housing Element.
INDUSTRIAL DEVELOPMENT
Most of the industrial development in the City lies within the Gateway Specific Plan Area/Industrial District located along Parkridge Avenue and Mountain Avenue. Two smaller industrial districts lie west of Hamner Avenue, one at Industrial Avenue, and the other at Horseless Carriage Drive and Fifth Street. As of 2023, these small areas are largely built out.
In 2023, staff initiated and implemented a Zone Code Amendment updating development and operational standards for industrial/warehouse uses to ensure better neighborhood compatibility.
COMMUNITY TRENDS & GROWTH
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RURAL ATMOSPHERE (ZONING LAYOUT OF THE LAND)
Locations and types of land uses for commercial, residential, or industrial are based on the zoning designation. The majority of land in Norco is zoned for residential development. The amount of land zoned for residential uses allows Norco the ability to maintain its rural atmosphere. See page 20 for a complete breakdown of zoning within the City. Additionally, the pie chart below shows the zoning breakdown of land zoned residential, as compared to other zones in the City.
Zoning Breakdown Pie Chart
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Zoning Distribution Table
Zoning District Acreage % Total
HS (Hillside) 336 4.1
A-E (Agricultural Estates) 143 1.8
A-1-40 (Agricultural Low Density) 125 1.5
A-1-20 (Agricultural Low Density) 3,438 42.1
A-1-10 (Agricultural Low Density) 23 0.3
R-1-10 (Residential Single Family) 158 1.9
Norco Hills SP (Residential Single Family) 238 2.9
Norco Ridge Ranch SP (Residential Single Family) 874 4.8 Residential Total 5,335 59.4
C-0 12 0.1
C-G 294 3.6
C-4 94 1.1
Gateway SP (Commercial) 240 1
Gateway SP (Office Park) 26 <1
Auto Mall SP (Commercial) 89 1.1
Norco Hills SP (Commercial) 4 <1
Commercial Total 759 8.5
M-1 (Light Manufacturing) 93 1.1
M-2 (Heavy Manufacturing) 355 4,3
Gateway SP (Industrial) 112 1.2
Auto Mall SP (Industrial) 19 <1
Industrial Total 579 6.5
OS (Open Space) 1081 10.8
LD (limited Development) 459 4.9
Streets and Freeways 754 8.1
North Ridge Ranch SP (open Space) 2 <1
Norco Hills SP (open space) 1 <1
Other Total 2,297 25.6
Total Area 8,970 100
COMMUNITY TRENDS & GROWTH
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CENSUS DATA
The 2020 U.S. Census calculated that Norco had a population of 27,063. Since the 2010 census, the City has grown by an estimated 548 persons, an increase of approximately 2 percent. Inmates at the California Rehabilitation Center, which was estimated by the State Department of Finance to be 3,812 in 2020 are included in the population figures. Table 5 below illustrate the City’s population changes.
Ten Year Population Increase
1990 Census 2000 Census 2010 Census 2020 Census
Population 23,302 24,157 27,063 27,611
# increase 3,570 855 2,906 548
% increase 18 3.7 12 1.9
Dwelling Units 5,785 6,277 7,322 7,329
# increase 402 492 1,045 7
% increase 7 9 17 0
Household
Population 18,593 19,330 22,666 23,777
# increase 362 737 3,336 1,111
% increase 2 4 17 4
POPULATION
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NORCO HOUSING STATISTICS
According to the 2020 Census, the total number of housing units in the City for the year 2020 is 7,329. This is a zero percent increase from the last census conducted in 2010, which counted 7,322 housing units. Data with regards to the City’s housing statistics are presented in the table below:
Housing Statistics
2000 2010 2020
Total Housing Units 6,220 7,322 7,329
Percent change N/A 15 0
Owner Occupied 4,630 5,702 5,883
Percent change N/A 18 3
Renter Occupied 1,590 1,620 1,269
Percent change N/A 1 22
Vacant 141 299 177
Percent Change N/A 52 41
POPULATION
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WORK PROGRAM
The Planning Department staff has prepared the following work program for 2024:
• Continue the implementation of the City’s housing plan programs included in the certified 2021-2029 Housing Element.
• Continue work on the City’s comprehensive General Plan update. • In coordination with Economic Development and the comprehensive General Plan update, continue efforts, including zoning changes as warranted, to attract needed transient-oriented hotel and restaurant projects to the City. • Continue to be up to date on ever-changing state laws, especially as it pertains to housing and ADUs.
• Streamline Planning Department operations pertaining to entitlement submittals and establish systems that would enable seamless information sharing across multiple city departments.
• Begin to develop an electronic entitlement submittal system, enabling customers to submit Planning Department applications entirely online. • Develop a public-facing GIS system, available through the Planning Department website, allowing customers to easily search for publicly available zoning and General Plan information.
WORK PROGRAM
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.G.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Dana Roa, City Clerk
Department: Administration
SUBJECT:
Authorize the City of Norco to opt in to participate in the National Opioid Kroger Settlement Agreement
RECOMMENDATION:
Authorize to opt in to participate in the National Opioid Kroger Settlement Agreement.
SUMMARY:
A new national opioid settlement has been reached with Kroger Co. In order for the City of Norco to receive compensation related to the new settlement with Kroger Co. the City must "opt in" to participate.
BACKGROUND:
In 2022 City of Norco opted in to participate in the Janssen Distributors Opioid Settlement Agreement. To date the City of Norco has received over $34,000 in settlement payments, which have not yet been expended. Funds have been used for specific purposes related to the opioid epidemic; allowable uses could include the purchase of Naloxone (Narcan) or other FDA-approved drugs to reverse opioid overdoses, and the training and education, among other possible uses.
A new nationwide settlement agreement ("Settlement") has been reached that would resolve the legal claims of states and local political subdivisions against regional supermarket pharmacy, Kroger Co., related to alleged misconduct related to opioids.
The Settlement requires Kroger Co. to pay over a billion dollars to abate the opioid epidemic. Of this amount, approximately $1.2 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the Settlement requires payments over eleven years after its effective date.
The Settlement also contains injunctive relief governing opioid dispensing and requires Kroger Co. to implement proactive safeguards to prevent diversion of prescription opioids.
The proposed settlement has two key participations steps.
1. Each eligible state decides whether to participate in each Settlement.
2. Eligible subdivisions within each participating state have to decide whether to participate in the Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Any subdivision that does not participate cannot directly share in any of the settlement funds, even in the subdivision's state is settling and other participating subdivisions are sharing in settlement funds. If the state does not participate, the subdivisions in that state are not eligible to participate in the Settlement.
The state of California has elected to participate in the Settlement, and therefore the City of Norco, as a subdivision, may participate also.
Staff is recommending that the City Council approve for the City of Norco to opt-in to the New Kroger Settlement. The funds received from this new settlement, together with that already received, will be used to work with the City's U.N.L.O.A.D. program to determine what needs they have for funding/training/etc. to address the opioid epidemic. The U.N.L.O.A.D program was formed to educate young people about the adverse effects of alcohol and drugs and related behaviors on their safety, quality of life, and future opportunities; and to increase awareness of parents, grandparents, and other caregivers of their responsibilities to help young people to avoid the negative consequences associated with alcohol and drug use.
FISCAL IMPACT:
To be determined by the number of participations by states and subdivisions.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan Number 1: Public Health, Safety and Wellness, Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Kroger Notice Email Opt In Settelement
Subject: NEW NATIONAL OPIOID SETTLEMENT NOTICE – Kroger Co.
To: Subdivision Name, Subdivision State
Rubris Reference Number: Subdivision Crosslink ID
NOTICE OF NEW NATIONAL OPIOID SETTLEMENT
AND UPCOMING ACTION NEEDED TO PARTICIPATE
A new national opioid settlement has been reached with Kroger Co. This is the formal notice required by the settlement and authorized by the parties.
Please read this email and the attached document carefully.
You are receiving this notice because your state has elected to participate in the national opioid settlement with Kroger Co. The list of states participating in the settlement can be found at https://nationalopioidsettlement.com.
Your subdivision might have participated in the national opioid settlements with Johnson & Johnson/Janssen, the three Distributors (Cardinal, AmerisourceBergen (Cencora), and McKesson), Teva, Allergan, CVS, Walgreens, and Walmart.
This notice concerns the opportunity to participate in the new settlement with the new Settling Defendant (Kroger Co.). Your subdivision or special district may participate in the new settlement whether or not it sued Kroger Co.
In the next few weeks, you will receive additional information and documentation to sign and return if you wish to join the new national opioid settlement with Kroger Co.. Please review the list of individuals on this email and contact the Implementation Administrator at [email protected] if someone else at your subdivision or special district should receive communications about this settlement.
Your subdivision or special district must “opt in” to participate in the new settlements. To do so, you must sign and return the documentation that you will be receiving in the next few weeks.
The deadline to return the required documentation is August 12, 2024. Documentation submitted for prior national settlements is not applicable to the new settlement.
The attached document provides additional information concerning the new national opioid settlement involving Kroger Co.
Questions about this notice or the process for receiving and submitting the required Settlement Participation Forms may be directed to your attorney, the Implementation Administrator at [email protected], or your Attorney General's Office If your subdivision or special district is represented by an attorney with respect to opioid claims and they are not copied on this message, please immediately contact them concerning this notice.
Thank you,
National Opioid Settlements Implementation Administrator National Kroger Settlement
The Implementation Administrator is retained to provide the settlement notice required by the respective settlement agreements referenced above and to manage the collection of settlement participation forms for each settlement.
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.H.
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, Award of Contract, and Approval of Project Plans for the Norco Animal Shelter NPDES Improvement Project
RECOMMENDATION:
Accept bids, approve project plans, and award the contract to Act 1 Construction Inc. for the Norco Animal Shelter NPDES Improvement Project in the amount of $215,756, and authorize the City Manager to approve contract change orders up to 10% of the original contract.
SUMMARY:
The Norco Animal Shelter NPDES Improvement Project was approved as a Capital Improvement Project (CIP) in Fiscal Year 2023-24 in the amount of $310,000. In June 2024, staff released the Notice of Inviting Bids (NIB) for the project. The scope of work encompasses the installation of a clarifier unit at the Animal Shelter, alongside essential drainage enhancements. Additionally, the project will involve the installation of supplementary lighting and the resurfacing of the rear parking lot of the facility.
BACKGROUND:
As part of the Norco Animal Shelter National Pollutant Discharge Elimination System (NPDES) Project, the proposed Jensen 750 gallon clarifier unit is designed specifically for wastewater treatment applications. This unit effectively separates solids and contaminants from wastewater, ensuring that the discharged water meets environmental standards required by the NPDES. Its robust construction and ample capacity make it ideal for handling the wastewater needs of facilities such as animal shelters.
In addition to installing the clarifier, the project includes incorporating drainage enhancements, repaving the parking lot, paving the animal shelter staff parking area, modifying fencing, and installing supplemental lighting. This overdue project is essential for ensuring that the shelter not only meets regulatory requirements set by NPDES but also enhances operational efficiency and safety. All installations will adhere strictly to the project plans, ensuring a comprehensive improvement to the shelter facility.
On June 7, 2024, the Norco Animal Shelter NPDES Improvement Project Notice Inviting Bids (NIB) was released. On July 9, 2024, the Planet Bids System received ten bids, ranging from $209,956 to $511,590. Mendoza Engineering Company, the lowest bidder, was deemed unresponsive due to the submittal of an incomplete bid package. Act 1 Construction, Inc., the second lowest bidder, submitted a bid that fully meets all requirements and is now recognized as the lowest responsive bidder. A full bid breakdown is shown on Attachment B of this staff report.
Act 1 Construction, Inc., located in Norco, California, holds a valid Class A California State Contractors License and possesses extensive experience in installing similar systems for public agencies, aligning with the project requirements outlined in the NIB. It is recommended to award the contract for the Norco Animal Shelter NPDES Improvement Project to Act 1 Construction, Inc. in the amount of $215,756, with provisions for project change orders totaling up to 10% of the original contract amount, resulting in an estimated total project cost of $237,332.
Furthermore, Government Code Section 830.6 stipulates that neither a public entity nor its employees bear liability for injuries arising from the approved plan or design of public property. This immunity applies when the plan or design has received prior approval from the relevant legislative or the discretionary authority or conforms to established standards. In light of this legal framework, it is recommended that the City Council approve the project plans for the Norco Animal Shelter NPDES Improvement Project.
FISCAL IMPACT:
The Norco Animal Shelter NPDES Improvement Project was approved as a Capital Improvement Project in Fiscal Year 2023-24 in the amount of $310,000 ($270,000 from Measure R Fund No. 132 and $40,000 from Animal Control Improvement Fund No. 151 - Project No. 4414.3, Account No. 132.910.43115 and 151.942.43130). Funds are available in both accounts to fund the project.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 5, Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement, and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney
ATTACHMENT(S):
Attachment A_Act 1 Contract Agreement and Bid Documents Attachment B_Animal Control NPDES Project Bid Breakdown Attachment C_Animal Control NPDES Project Plans
CA-1
CONTRACT AGREEMENT
CITY OF NORCO
Norco Animal Shelter NPDES Improvement Project
Project No. 4414.3
1. Parties and Date.
This Agreement is made and entered into this 7th of August, 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 Act 1 Construction Inc., a corporation with its principal place of business at 444 Sixth Street, Norco, California 92860 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the Norco Animal Shelter NPDES Improvement Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced installing clarifier units and constructing civil improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the Norco Animal Shelter NPDES Improvement 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 Norco Animal Shelter NPDES Improvement 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.
CA-2
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
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 Don Trenholm, 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.
CA-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 subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $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 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.
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3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall
be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 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 $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty
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provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
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.
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All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies – If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another 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.
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(v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract.
No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the
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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.
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.
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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.
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
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officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and 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:
Act 1 Construction, Inc.
444 Sixth Street
Norco, CA 92860
Attention: Don Trenholm, President
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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, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and 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.
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3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 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.
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3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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Act 1 Construction, Inc.:
*By:
________________________________________________
Signature
________________________________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST
BE NOTARIZED
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash - Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper and Burns, LLC., City Attorney
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EXHIBIT A
Norco Animal Shelter NPDES Improvement Project
Project No. 4414.3
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of removal of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, installation of clarifier, sewer cleanout, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference in the amount of $215,756.00
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EXHIBIT B
Proposal Document
City of Norco
Bid Results for Project Norco Animal Shelter NPDES Improvement Project (4414.3) Issued on 06/07/2024
Bid Due on July 09, 2024 10:00 AM (PDT)
Exported on 07/22/2024
Item
Num Description Unit QTY
(NOT
RESPONSIVE)
Mendoza
Engineering
Company, Inc -
Unit Price
(NOT
RESPONSIVE)
Mendoza
Engineering
Company, Inc -
Line Total
Act 1
Construction Inc -
Unit Price
Act 1
Construction Inc -
Line Total
ISSA ELECTRIC,
INC. - Unit Price
ISSA ELECTRIC,
INC. - Line Total
BWW &
COMPANY INC -
Unit Price
BWW &
COMPANY INC -
Line Total
Metrocell
Construction, Inc. -
Unit Price
Metrocell
Construction, Inc. -
Line Total
Cinbad Industry
Inc - Unit Price
Cinbad Industry
Inc - Line Total
All American
Asphalt - Unit
Price
All American
Asphalt - Line
Total
All American
Building Services -
Unit Price
All American
Building Services -
Line Total
Vicon Enterprise -
Unit Price
Vicon Enterprise -
Line Total
Gentry General
Engineering, Inc -
Unit Price
Gentry General
Engineering, Inc -
Line Total
1 Clearing & Grubbing, Mobilization,
NPDES/SWPPP Requirements at
(maximum of 5% of the Total Bid
Amount) LS 1 $6,175.00 $6,175.00 $10,250.00 $10,250.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $14,000.00 $14,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $19,000.00 $19,000.00 $22,500.00 $22,500.00 $10,000.00 $10,000.00 2 General Grading and Unclassified
Excavation LS 1 $6,800.00 $6,800.00 $30,000.00 $30,000.00 $11,000.00 $11,000.00 $20,000.00 $20,000.00 $22,000.00 $22,000.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $71,075.00 $71,075.00 $40,000.00 $40,000.00 $11,300.00 $11,300.00 3 Traffic Control LS 1 $3,250.00 $3,250.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $7,000.00 $7,000.00 $2,000.00 $2,000.00 $40,000.00 $40,000.00 $16,000.00 $16,000.00 $2,500.00 $2,500.00 $50,000.00 $50,000.00 4 Adjust Existing Valve to Finished Surface EA 2 $850.00 $1,700.00 $250.00 $500.00 $275.00 $550.00 $500.00 $1,000.00 $1,500.00 $3,000.00 $1,000.00 $2,000.00 $285.00 $570.00 $14,000.00 $28,000.00 $500.00 $1,000.00 $1,080.00 $2,160.00 5 Adjust Existing Pull Box to Finished
Surface EA 1 $850.00 $850.00 $250.00 $250.00 $850.00 $850.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,050.00 $1,050.00 $6,000.00 $6,000.00 $750.00 $750.00 $880.00 $880.00 6 Pothole Existing Utilities LS 1 $2,150.00 $2,150.00 $2,500.00 $2,500.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $6,500.00 $6,500.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 $32,600.00 $32,600.00 7 Sawcut and Remove Existing A.C.
Pavement SF 5800 $2.33 $13,514.00 $2.50 $14,500.00 $2.75 $15,950.00 $4.00 $23,200.00 $2.25 $13,050.00 $5.00 $29,000.00 $2.45 $14,210.00 $10.00 $58,000.00 $5.00 $29,000.00 $3.90 $22,620.00 8 Remove Existing Chain Link Fence LF 250 $19.52 $4,880.00 $10.00 $2,500.00 $20.20 $5,050.00 $20.00 $5,000.00 $34.00 $8,500.00 $10.00 $2,500.00 $20.00 $5,000.00 $20.00 $5,000.00 $100.00 $25,000.00 $37.00 $9,250.00 9 Remove Existing Railroad Tie Wall LF 35 $22.00 $770.00 $50.00 $1,750.00 $59.00 $2,065.00 $200.00 $7,000.00 $43.00 $1,505.00 $50.00 $1,750.00 $205.00 $7,175.00 $50.00 $1,750.00 $100.00 $3,500.00 $354.00 $12,390.00 10 Remove Conflicting Portions of Existing
Sewer Lateral LS 1 $2,150.00 $2,150.00 $1,500.00 $1,500.00 $2,300.00 $2,300.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $8,375.00 $8,375.00 $7,400.00 $7,400.00 11 Remove Existing Light Standard and
Foundation EA 2 $1,450.00 $2,900.00 $800.00 $1,600.00 $1,225.00 $2,450.00 $2,000.00 $4,000.00 $2,500.00 $5,000.00 $1,000.00 $2,000.00 $2,200.00 $4,400.00 $2,500.00 $5,000.00 $5,000.00 $10,000.00 $5,000.00 $10,000.00 12 Restore Gravel around SCE Transformer SF 200 $9.25 $1,850.00 $5.00 $1,000.00 $14.00 $2,800.00 $20.00 $4,000.00 $15.00 $3,000.00 $10.00 $2,000.00 $41.00 $8,200.00 $10.00 $2,000.00 $25.00 $5,000.00 $42.00 $8,400.00 13 Reconstruct Chain Link Gate to Match
Existing LF 5 $100.00 $500.00 $420.00 $2,100.00 $320.00 $1,600.00 $100.00 $500.00 $400.00 $2,000.00 $2,000.00 $10,000.00 $472.00 $2,360.00 $75.00 $375.00 $175.00 $875.00 $1,400.00 $7,000.00 14 Extend 3’ V-Gutter to Basin to Match
Existing SF 180 $38.00 $6,840.00 $35.00 $6,300.00 $48.00 $8,640.00 $65.00 $11,700.00 $112.00 $20,160.00 $75.00 $13,500.00 $72.00 $12,960.00 $20.00 $3,600.00 $50.00 $9,000.00 $54.00 $9,720.00 15 Construct 3” A.C. on Native SF 10300 $3.24 $33,372.00 $4.25 $43,775.00 $6.50 $66,950.00 $4.68 $48,204.00 $9.35 $96,305.00 $12.00 $123,600.00 $3.55 $36,565.00 $7.00 $72,100.00 $15.00 $154,500.00 $10.00 $103,000.00 16 Construct 2.5’ Masonry Retaining Wall,
Type A per SPPWC 618-3 LF 30 $195.00 $5,850.00 $250.00 $7,500.00 $675.00 $20,250.00 $400.00 $12,000.00 $500.00 $15,000.00 $200.00 $6,000.00 $400.00 $12,000.00 $450.00 $13,500.00 $350.00 $10,500.00 $836.00 $25,080.00 17 Construct Rip-Rap EA 1 $1,680.00 $1,680.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $20,000.00 $20,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $1,900.00 $1,900.00 18 Construct Jensen Precast 750 Gallon
Clarifier EA 1 $16,975.00 $16,975.00 $26,761.00 $26,761.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $28,000.00 $28,000.00 $32,000.00 $32,000.00 $15,000.00 $15,000.00 $17,200.00 $17,200.00 19 Construct Sewer Cleanout per SPPWC
204-3 EA 2 $1,950.00 $3,900.00 $1,800.00 $3,600.00 $2,500.00 $5,000.00 $1,500.00 $3,000.00 $3,000.00 $6,000.00 $1,000.00 $2,000.00 $1,900.00 $3,800.00 $3,000.00 $6,000.00 $1,000.00 $2,000.00 $5,500.00 $11,000.00 20 Construct 6” ABS Pipe LF 70 $155.00 $10,850.00 $71.00 $4,970.00 $86.00 $6,020.00 $150.00 $10,500.00 $86.00 $6,020.00 $300.00 $21,000.00 $250.00 $17,500.00 $60.00 $4,200.00 $200.00 $14,000.00 $215.00 $15,050.00 21 Install 5’ High Chain Link Fence LF 200 $70.00 $14,000.00 $45.00 $9,000.00 $125.00 $25,000.00 $40.00 $8,000.00 $100.00 $20,000.00 $120.00 $24,000.00 $135.00 $27,000.00 $55.00 $11,000.00 $175.00 $35,000.00 $176.00 $35,200.00 22 Install New Light Standard and
Foundation EA 4 $3,250.00 $13,000.00 $6,500.00 $26,000.00 $8,000.00 $32,000.00 $6,900.00 $27,600.00 $5,000.00 $20,000.00 $8,000.00 $32,000.00 $11,000.00 $44,000.00 $1,100.00 $4,400.00 $10,000.00 $40,000.00 $14,700.00 $58,800.00 23 Install Electrical Pullbox and Connect 1”
Conduit to Light Standard LS 1 $56,000.00 $56,000.00 $16,200.00 $16,200.00 $16,500.00 $16,500.00 $7,047.00 $7,047.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $38,000.00 $38,000.00 $6,000.00 $6,000.00 $15,000.00 $15,000.00 $50,640.00 $50,640.00 Subtotal $209,956.00 $215,756.00 $262,975.00 $266,751.00 $296,040.00 $312,850.00 $359,790.00 $380,000.00 $450,000.00 $511,590.00 Total $209,956.00 $215,756.00 $262,975.00 $266,751.00 $296,040.00 $312,850.00 $359,790.00 $380,000.00 $450,000.00 $511,590.00
Know what's below.
Call before you dig.
R Page 107 of 278
Know what's below.
Call before you dig.
R Page 108 of 278
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.I.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Kelli Anderson, Communications Manager
Department: Communications
SUBJECT:
New Observance Request: Constitution Week
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize Constitution Week.
SUMMARY:
The Butterfield Trail Chapter of the National Society of the Daughters of the American Revolution has requested that the City of Norco proclaim September 17-23 as Constitution Week. This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.
BACKGROUND:
In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
Step 1: Subcommittee reviews request and makes recommendation to staff Step 2: City Council determines if the request and recommendation should be approved, denied or amended
New Observance Request
The Butterfield Trail Chapter of the National Society of the Daughters of the American Revolution, located in Corona, California, has requested that the City of Norco proclaim September 17-23 as Constitution Week (Exhibit C). This observance was started by the Daughters of the American Revolution, an organization founded in 1890 with the mission of promoting historic preservation, education and patriotism. Constitution Week was adopted by the U.S. Congress and signed into public law on August 2, 1956, by President Dwight D. Eisenhower to commemorate the 1787 adoption of the United
States Constitution. This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.
Subcommittee Recommendation
The City Council Subcommittee, consisting of Council Member Robin Grundmeyer and Council Member Katherine Aleman, recommends that Constitution Week be added to the Pre-Approved Observance List (Exhibit B) and be recognized by mailed proclamation. All observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".
Observance Options
Annual Observance (Exhibit A)
Observances that are automatically recognized in
the approved manner(s) on the appropriate date(s)
or date ranges.
Category
X
Pre-Approved Observance (Exhibit B)
Observances that are pre-approved for recognition
and will be recognized at staff's discretion (i.e., by
request, in conjunction with current events, etc.)
Closure
Event/Program
Gateway Sign
Newsletter
Parade
X Proclamation (To be mailed to the requester)
Manner of
Recognition
Social Media
City Council Consideration
The City Council may approve, deny or amend the recommendation. If approved, Exhibit A or B will be updated to include the new observance and appropriate action will be taken to recognize the observance in the selected manner(s).
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item is consistent with Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Exhibit A - Approved Observances
Exhibit B - Pre-Approved Observances
Exhibit C - Observance Request
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 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
EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
October
May
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
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
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
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
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National 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
June
October
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City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.J.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Designation of Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference and Expo
RECOMMENDATION:
Adopt Resolution No. 2024-51, appointing Mayor Kevin Bash as the voting delegate to represent the City of Norco at the 2024 League of California Cities Annual Conference and no alternate will be appointed.
SUMMARY:
The League of California Cities will be hosting its Annual Conference in October 2024.
An important part of the Annual Conference is the Annual Business Meeting. In order to vote at that meeting, the City Council must designate a voting delegate, along with up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. At this time only Mayor Kevin Bash has committed to attending the League Annual Conference, so no alternate will be selected.
BACKGROUND:
The League of California Cities will be hosting its Annual Conference from October 16- 18 2024. One important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on resolutions. Annual resolutions guide cities and the League in combined efforts to improve the quality, responsiveness and vitality of local government in California.
Consistent with League bylaws, a city’s voting delegate and up to two alternates to be designated by the City Council. This designation must be done by Council action and cannot be accomplished by individual action or the Mayor or City Manager alone.
Mayor Kevin Bash is scheduled to attend the League Conference. Therefore, the Council is recommended to appoint Mayor Bash as the City’s voting delegate.
FISCAL IMPACT:
No financial impact as a result of this action.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Resolution No 2024-51 LCC Voting Delegate
RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPOINTING ONE VOTING DELEGATE AND TWO
VOTING ALTERNATEs FOR THE 2024 LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE
WHEREAS, the League of California Cities will be hosting its Annual Conference, October, 2024, and an important part of the Annual Conference is the Annual Business Meeting; and
WHEREAS, in order to vote at the Annual Business Meeting, the City Council must designate a voting delegate, along with up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity; and
WHEREAS, consistent with League bylaws, the designation must be done by Council action and cannot be accomplished by individual action or the Mayor or City Manager alone; and
WHEREAS, Mayor Tem Kevin Bash will be attending the League of California Cities Annual Conference in October 2024.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Norco, California, that the following are hereby designated as the voting delegate and alternate to represent the City of Norco at the League of California Cities 2024 Annual Conference, in October 2024:
1. Mayor Kevin Bash shall be designated as the voting delegate
2. There will be no delegate at this time.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held August 7, 2024.
ATTEST:
Kevin Bash, Mayor City of
Norco, California
Dana Roa, CMC, City Clerk
Resolution 2024-51 – Delegate and Alternate for 2024 LCC Annual Conference
August 7, 2024
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on August 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 seal of the City of Norco, California on August 7, 2024.
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.K.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Amendment of Fiscal Year 2023-24 Capital Improvement Program to include additional funding for the Shawnee Lift Station Replacement Project RECOMMENDATION:
Increase the Fiscal Year 2023-24 Capital Improvement Program (CIP) in the amount of $66,000 for the Shawnee Lift Station Replacement Project.
SUMMARY:
The Shawnee Lift Station Replacement Project is an approved CIP project for FY 2023- 24 in the amount of $1,610,000. Staff is requesting an amendment to the FY 2023-24 CIP in the amount of $66,000 resulting in a total project cost of $1,676,000. The request for additional funds is due to unforeseen relocation costs for SCE infrastructure that is in conflict with the lift station improvements.
BACKGROUND:
The construction bid award for the Shawnee Lift Station Replacement Project was approved by City Council on December 21, 2022, with a total cost of $1,610,000 including 10% contingency and inspection services. During project construction, underground SCE infrastructure was found to be in conflict with the proposed lift station improvements resulting in a cost of $66,000 for SCE to relocate their infrastructure away from the City's lift station project.
Therefore, staff is recommending approval to amend the FY 2023-24CIP Budget in the amount of $66,000 resulting in an amended project budget amount of $1,676,000.
FISCAL IMPACT:
The Shawnee Lift Station Replacement Project was approved as a Capital Improvement Program project in the Sewer Fund in Fiscal Year 2023-24. Total costs incurred to date
are $453,660. Funds in the amount of $1,610,000 for design/inspection services (Project Number 4811.2; Account Number 147.960.43250 & 147.960.43250.30) are not sufficient to fund the project award amount including the 10% contingency, design, inspection and the additional $66,000 SCE relocation costs. Staff is requesting an amendment to the FY 2023-24 CIP Budget to increase the budget in the amount of $66,000 resulting in a total project budget of $1,676,000.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the Shawnee Lift Station Replacement Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
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City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.L.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration of an amendment to the Participation Agreement with the Norco Automobile Merchants Association for upgrades to the Auto Mall's digital sign, and appropriate $188,200 from the Economic Development Reserve for the City's share of the sign upgrades
RECOMMENDATION:
Authorize the Mayor to execute the agreement and approve an appropriation of $188,200 from the Economic Development Reserve for the City's share of the sign upgrades.
SUMMARY:
The Norco Auto Mall sign was originally constructed in 1993, in partnership between the City and the Norco Automobile Merchants Association (NMA) and the City of Norco.
The sign was last updated in 2015, and is now in need of another update to replace aged components and restore the sign's brightness so that it remains an effective tool to advertise the Auto Mall, which is one of Norco's most significant sales tax generating locations. Through the approval of the proposed amendment to the Participation Agreement, the City and the NMA will split the costs of this upgrade 50/50, with the City's share totaling $188,122. The Economic Development Working Group reviewed this proposal and recommends approval.
BACKGROUND:
The Norco Auto Mall sign was originally constructed in 1990 by Electra-Media, Inc. (EMI), who has maintained the sign ever since that time. The sign, visible from the I-15 Freeway, is an essential marketing tool for the Norco Automobile Merchants Association (NMA). Since it was constructed, it has been renovated at various times over the years beginning in 1995, then in 2003, and most recently in 2015. The 2003 renovation included conversion to LED technology, which typically lasts about a decade before
requiring replacement. The 2014 upgrade included the addition of the HorseTown USA Logo among other improvements, at a total cost to the City of $129,846 at that time.
The NMA has approached the City with a request to once again renovate the Auto Mall sign, and to split the cost again with the City (see the attached April 30, 2024 letter and sign rendering). The existing LED displays are at the end of their life and are no longer eligible for warranty coverage. Following that initial request, staff met with NMA CEO Bob Hemborg and EMI staff to review the request and discuss the upgrades. On May 22, 2024, the Economic Development Working Group met to discuss the request and heard from Rod Wilson of EMI concerning the planned improvements. The Working Group recommended that the City approve the NMA's request to participate in the sign upgrades, through the proposed Amendment to the 2003 Participation Agreement (attached).
The scope of work for the sign improvements include the following:
Replacing the existing LED display with a new, full-color, higher resolution display. This latest generation technology is a 16 mm to 10 mm resolution display, which is a much higher resolution than the current 25 mm display. Installing new "faces" on the lettering and in the HorseTown USA logo, and retrofitting these fixtures with LED lighting
Repainting the entire sign structure
The cost for this work is $376,244; the City's 50% share would be $188,122. The expected life of the new, upgraded LED display is approximately 10 years.
Under the current Participation Agreement, the City receives the right to program 10% of the sign time for the City's community information uses; that time is managed by the City's Communications Team in coordination with EMI. The amended agreement increases that sign time for the City to 15%, which is consistent with the highest amount found in similar agreements in other agencies. City cost sharing at the 50% level is very common with regard to auto mall signage; recent similar freeway sign upgrade funding agreements have been done with the cities of Ontario, Cerritos, Cathedral City (City funded 75%), Industry, Montclair, and Corona.
During the Economic Development Working Group discussion, the group recommended that an update to the font used for the "Norco Auto Mall" text be considered to provide a new, more modern yet still Western font. EMI did provide an estimate for that work, which would be approximately $50,000. The cost is significant as it requires removing the current letter style, patching holes from the old channel letters, and fabricating and installing the new lettering. The NMA indicated that they would not be sharing in this cost if the lettering would be changed. For that reason, the proposed agreement does not include an update to the current font.
As noted during previous discussions regarding prior updates to the Auto Mall sign, the City's recommended contribution represents a major financial commitment, but Norco's two existing new car dealerships contribute a significant amount of sales tax revenue to the City. It is prudent to invest in the prosperity of these dealerships, as their performance directly impacts the City's General Fund.
FISCAL IMPACT:
The cost for the City's share is $188,122. It is recommended that funds be appropriated for this purpose from the City's Economic Development reserve, as this expenditure supports the continued success of the Norco Auto Mall as a major driver of sales tax for the City. The FY 2024-25 Economic Development Reserve is anticipated to have a balance of $3.8 million available as of June 30, 2025.
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Direction 3, Economic Development and Financial Stability.
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, LLP, City Attorney ATTACHMENT(S):
Norco Auto Mall Request and Sign Rendering
Amendment to the Participation Agreement - Norco Auto Mall Exhibit 1 - Sale Agreement for Auto Mall Sign
April 30, 2024
,
Regards,
Bob Hemborg
CEO
Norco Auto Mall
Norco Auto Mall
HonorableMayor & City Council Members
City of Norco
2870 Clarke Ave.,
Norco, CA 92860
RE: Norco Auto Mall Sign Upgrade — City FundingRequest
HonorableMayor & City Council Members:
Thisletter serves as an of?cial request from Norco Auto Mall for ?nancial assistance in funding the upgrade of the Norco Auto Mall digital freeway sign, The electronic message center display is now past 10 years old and is at the end of life. The display is no longer eligible for parts warranty from the manufacturer and is currently operating at less than half brightness and is now ineffective to communicatecriticalmessaging and therefore only reachin less than 5% of the 275 000 consumers driving by Norco Auto Mall on the 15 Freeway daily.
Norco Auto Mall has secured competitive bids for this necessary upgrade from Electra—Media,Inc. who has vetted through multiple vendors and technology options to provide us with the highest quality product at the best price point including prevailing wage for on~sitelabor. This upgrade will include the removal of the existing LED display with new high—resolutionLED displays, along with updating the round logo and channel ietters, and repainting the entire structure. This will return readership drastically back up to 98% which will directly result in increased sales of 10%.to 12% and in tum, increased sales tax revenue to the City of Norco of the same percentage.
In exchange for the city assistance and funding of 50% ($188,122.00) of the tota'rpurchase price of the upgrade which is ($3 76,244.00), the City of Norco will receive ??een percent (15%) of each hour that the sign is in use for any public purpose such as PSA’s, emergency notices, etc. for ten (10) years using the Funding Agreement format used by the City of Ontario/ Mark Christopher (Funding Agreement attached).
NOTE: Norco Auto Mall is one of the top sales tax producers in the City of Norco.
We would like to have our request reviewed with the City Council at the ?rst meeting in June due to the rapid LED failure and loss in sales and sales tax.
Recent Ci Fundin
-City of Ontario (50%) of $497,312 —Cityof Cerritos (50%) of $892,181 —Cityof Ontario (50%) of $1,280,000 —Cityof Montclair(50%) of $700,000 -City of Ontario (50%) of $518,590 City of CathedralCity (75%) of $478,765 — City of Corona (50%) of $409,546 -City oflndustry (50%) of $478,460
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SALEAGREEMENT
THIS SALEAGREEMENT(the "Agreement") dated this 30Ehda ofA ril2024 by and between Electra—Media, Inc. of 4737 W. 156th Street Lawndale, CA 90260 (the "Seller") AND Norco Auto Mall2075 Hammer Ave. orco CA 92860 (the “Buyer"). IN CONSIDERATIONOF THE COVENANTSand agreements contained in this Sale Agreement the parties to this Agreement agree as follows:
i . Sale of Goods: The Seiier willsell and deliver to the Buyer the foliowing goods, and perform the below services (the "Goods"): a. DigitalSign Upgrade as depicted in ExhibitA and attached and incorporated hereto. Includes entitlement and permit facilitation (see permits below) and project management services. Includesfive (5) year MultimediaLED factory warranty on parts for 16mm, 12,000 Nits, LEDdisplays.
Purchase Price: The Buyer willaccept the Goods and pay for the Goods with the sum of $376 244.09(the ”Purchase Price"), as according to the pricing breakdown table in ExhibitB,which is attached and incorporated hereto, paid as foiiows:
a. A Down Payment of $188,122.00 upon building permit approval from Norco Auto Mall b. A Progress Payment of $94,0Q1 .00 upon shipment of LEDDisplaysfrom City of Norco c. A Balance Payment of§94,061.00 upon turn on of LEDDisplaysfrom City of Norco i. PrevailingWage: Price Includesprevailingwages on on-site labor.
Delive 8: Com letion: Estimatedat 90 to 120 da 5 from date of down payment and permit approval.
Maintenance Contract: $936.00 per month. Includes all labor and crane labor for monthly service to change out LED modules, power supplies, interface cards, line drivers, DVIcards, transformers, fuses. rectifier boards, modem, controller, software, etc., along with preventative maintenance calls once per month over and above emergency weekday caiis.
Pro r mmin Service A reement: $395.00 per month. which includes daily updates, unlimited changes, graphic design of frames with proofs, Internet downloads, e-mail confirmations, holiday graphics, and weekly1framereviews. Allmonitoring. scheduling, and programming of city PSA messages. (NOTE: Customer to be responsible for providing and maintaining cellularservice to the sign, modem included in price.)
Permits: Advance permit fee of $10,000 to be paid to EMi upon signing. Actual cost of City application fees, planning and building permit fees are to be billed separately ifthey exceed $10,000. Any remaining money not spent to be refunded Exclusions: Does not include any electrical service. Buyer to supply sufficient electrical to site and Seller shall connect new electronic components to provided electrical. Sellerto provide all power requirements to Buyer (Note: Existing power should be sufficient and willbe confirmed by seller).
Terms &Conditions: Terms and conditions for this Agreement can be found at and are incorporated herein.
Loan Option: $0 Down, 84 months at 7.9% interest rate, after 50% City Funding $2,923/month. (NOTE: Bank makes down payment to put sign into production, buyer pays interest only on advanced $1 88,1 22 for the 90 to 120 days during manufacturing and installation. First loan payment starts after sign turns on) INWITNESS WHEREOF the parties have executed this Sales Agreement on this 30th day of April 2024.
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Sub Total $356,950.00
EMIOverhead Project Management $19,294.00
Grand Total $376,244.00
1
0‘7/26/2024 08:26AM9512733636 HEMBORGFORD PAGE01/02
AMENDMENTTO . W
by and between the
REDEVELOPMENTAGENCYOF THECITYOF NORCO
and
NORCO AUTOMOBILEMERCHANTSASSOCIATION
This Amendment (“2024 AMENDMENT”)to the Participation Agreement by and between the Redevelopment Agency of the City of Norco and Norco Automobile Merchants Association dated April 2, 2003 (f‘AGREEMENV)is entered into this day of , 2024 by and between the City of Norco, a municipal corporation (“CITY").and the Norco Automobile Merchants Association, an incorporated non-profit association ("NAMA”).
REQIIAL§
Whereas, the Redevelopment Agency of the City of Norco ("RDA”)enteredintothe AGREEMENTwith NAMAon or about April 3, 2003 with regard to the construction and maintenance of an Auto Mail Sign; and
Whereas, the AGREEMENTwas assigned to the CITYas a matter of law upon the dissolution of the RDA; and
Whereas, the CITYand NAMAdesire to amend the AGREEMENTto provide for the upgrade of a digital sign subject to certain terms and conditions, pursuant to Section 10 of the AGREEMENT.
NOW, THEREFORE,THEPARTIESDO HEREBYAGREEAS FOLLOWS:
1. The foregoing Recitals are true and correct and incorporated herein as ifset forth in full.
2. NAMAhas entered into a Sales Agreement with Electra-Media, inc. to provide for a Digital Upgrade to the Auto MailSign for a total cost of $376,244.00, conditioned upon funding by CiTY of 50% of the said total cost ($1 88.1 22.00). A copy of said Sales Agreement is attached hereto as Exhibit 1.
3. CITYagrees to fund $188,122.00, paid pursuant to the payment schedule set forth in the Exhibit 1, subject to the following terms and conditions:
07/26/202408:26AM9512733636 HEMBORGFORD PAGE02/02
CITYshall be entitled to utilize15% of the Auto MallSign facia to advertise City of Norcoand Communityevents, and City-related and/orpublic issues, as determinedin the sole and absolute discretion of the CITY,and at no cost to CITY.
NAMAshall diligentlymaintainand Operate the AutoMallSign at NAMA'sownexpense and at no cost to CITY.
In entering into this 2024 AMENDMENT, the CITYacts in a proprietary capacity and does not waive Its regulatory authority overthe review and approval of the Auto MallSign and any alternations and/or modifications thereto.
Except as expressly modi?ed by this 2024 AMENDMENT, and any legally approved amendments executed prior hereto, the terms and conditions of the AGREEMENTshall remain and continue in full effect.
Inwitness whereof, the parties hereto have entered Into this 2024 AMENDMENTas of the date above written.
ATTEST: CITYOFNORCO
City Clerk Mayor
APPROVEDAS TO FORM: NORCOAUTOMOBILEMERCHANTS
ASSOCIATION,INC.
City Attorney
EMI
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-‘ gg?q? Agreement contingent upon Elv‘ziobtaining Ciiy Funding for 50% of’rmiai(.051; approved, buyer 1:0 approve final terms, conditions, and over‘ailcom; :nliowing City Funding
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SALEAGREEMENT
THIS SALEAGREEMENT(the "Agreement") dated this 30“hda ofA riI2024 by and between Electravlvledia, Inc. of 4737 W. 156th Street Lawndale, CA 90260 (the "SeIIer") AND Norco Auto Mall2075 Hammer Ave. Norco CA 92860 (the "Buyer"). IN CONSIDERATIONOF THECOVENANTSand agreements contained in this Sale Agreement the parties to this Agreement agree as follows:
1 Sale of Goods: The Seller willsell and deliver to the Buyerthe following goods, and perform the below services (the "Goods"): a. DigitalSign Upgrade as depicted in ExhibitA and attached and incorporated hereto. Includes entitlement and permit facilitation (see permits below) and project management services. Includesfive (5) year Multimedi LED factory warranty on parts for 16mm, 12,000 Nits, LEDdisplays.
Purchase Price: The Buyer willaccept the Goods and pay for the Goods withthe sum of $376,244.00 (the "Purchase Price“), as according to the pricing breakdown table in ExhibitB, which is attached and incorporated hereto, paid as followsr a. A Down Payment of$188,122.00 upon building permit approval from Norco Auto Mall b. A Progress Payment of $94,061 .00 upon shipment of LEDDisplaysfrom City of Norco c. A Balance Payment of $94 061.00 upon turn on of LEDDisplaysfrom City of Norco i. PrevailingWage: Price Includesprevailingwages on on-site labor.
Delive & Corn Ietion: Estimatedat 90 to 120 da 5 from date of down payment and permit approval.
Maintenance Contra : $936.00 per month. Includes all iabor and crane labor for monthly service to change out LED modules, power supplies, interface cards, line drivers, DVIcards, transformers, fuses, rectifier boards, modem. controller, software, etc., along with preventative maintenance calls once per month over and above emergency weekday calls.
Pro r mmin Service A reement:,$395.00 per month.which includes daily updates, unlimited changes, graphic design of frames with proofs, Internet downloads, e—mailconfirmations, holiday graphics, and weeklyframe reviews. Allmonitoring, scheduling, and programming of city PSA messages. (NOTE: Customer to be responsible for providing and maintaining cellularservice to the sign, modem included in price.)
Permits: Advance permit fee of $10,000 to be paid to EMI upon signing. Actual cost of City application fees, planning and building permit fees are to be billed separately ifthey exceed $10,000. Any remaining money not spent to be refunded.
Exclusions:Does not include any electrical service. Buyer to supply sufficient electrical to site and Seller shall connect new electronic components to provided electrical. Seller to provide all power requirements to Buyer (Note: Existing power should be sufficient and willbe confirmed by seller).
Terms &Conditions: Terms and conditions for this Agreement can be found at and are incorporated herein.
Loan Option: $0 Down, 84 months at 7.9% interest rate, after 50% City Funding $2,923/month. (NOTE: Bankmakes down payment to put sign into production, buyer pays interest only on advanced $1 88,1 22 for the 90 to 120 days during manufacturing and installation. First loan payment starts after sign turns on) IN WITNESS WHEREOF the parties have executed this Sales Agreement on this 30th day of April 2024 34an(Bu ) BY:Electra-Media, Inc. (Seller)
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Date Date A ril30 2024
BY: No co
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City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
3.M.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:
Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services
RECOMMENDATION:
Approve Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services
SUMMARY:
The City of Norco desires to utilize the services of a Municipal Business and Financial Advisory firm to analyze Balboa Management Group's proposals on price and terms of payment of the lease payment of Silverlakes Sports Park.
BACKGROUND:
The City of Norco is lessor to tenant, Balboa Management Group (BMG), regarding the Silverlakes Sports Park. BMG has approached the City regarding its lease of the Sports Park, including price and terms, in light of both additional opportunities and additional challenges.
City desires to utilize the services of a Municipal Business and Financial Advisory Firm to analyze BMG’s proposals on price and terms of payment of the lease payments, and to provide City with an independent assessment of the factual basis and analysis of discussion points.
Attached for City Council consideration is a Professional Services Agreement with Kosmont Transaction Services, Inc. dba Kosmont Financial Services to provide professional consulting services regarding BMG. Kosmont is a well-respected provider of such Consulting Services.
Staff recommends the Council Approve a Professional Services Agreement with Kosmont Transactions Services, Inc., dba Kosmont Financial Services.
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #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:
ATTACHMENT(S):
Kosmont PSA
Kosmont PSA - Exhibit A
CITY OF NORCO
PROFESSIONAL SERVICES AGREEMENT WITH
KOSMONT TRANSACTIONS SERVICES, INC.,
D/B/A KOSMONT FINANCIAL SERVICES
1. Parties and Date.
This Agreement is made and entered into this 7th day of August 2024 by and between the City of Norco, a municipal corporation of the State of California (hereinafter referred to as "City") and Kosmont Transactions Services, Inc., a corporation d/b/a Kosmont Financial Services (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for professional services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in the work called for under this Agreement and that it is familiar with the expectations of City.
2.2 Project.
City desires to engage the Consultant to render such professional services to undertake or perform certain “municipal advisory services” for the City related to the Silverlakes project ("Project") as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, services, and incidental and customary work necessary to fully and adequately perform the Project. 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 term of this Agreement shall begin upon approval of the Agreement by the Norco City Council and shall expire when the Project is deemed complete by City or when the services of Consultant are no longer required, as determined by City, whichever occurs first. Consultant shall complete the Project within the term of this Agreement and shall meet any other established schedules and deadlines. 1
2 PSA 20231027
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Project shall be performed by Consultant. Consultant will determine the means, methods, and details of completing the Project subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be Performed in strict compliance with this Agreement and shall be subject to the approval of City.
3.2.3 City's Representative. The City hereby designates the City Manager 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. City’s Representative may designate, in writing, any person to act on City’s behalf for any or all purposes under this Agreement.
3.2.4 Consultant's Representative. Consultant designates Larry Kosmont to act as Consultant’s representative for all purposes under this Agreement ("Consultant's Representative"). Consultant's Representative shall supervise and direct the Project, using best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.5 Coordination of Project. Consultant agrees to work closely with City staff in the completion of the Project and shall be available to City staff and City consultants and other City representatives at all reasonable times.
3.2.6 Standard of Care: Performance of Employees. Consultant shall complete the Project 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Project. Consultant warrants that any employees and subconsultants shall have sufficient skill and experience to complete the Project. Consultant represents that it, its employees, and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to complete the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions caused by Consultant's failure to comply with the standard of care provided for herein.
3 PSA 20231027
3.3 Insurance.
3.3.1 Proof of Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to City that the subconsultant has secured all insurance required under this section.
3.3.2 Minimum Requirements. Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies): (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 authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury (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 $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Consultant's profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant 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).
All policies of insurance required hereunder shall be endorsed to provide that the
4 PSA 20231027
coverage shall not be cancelled, non-renewed, or reduced in coverage or in limits except after 30 calendar days 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, Consultant 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 Project, Consultant 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 General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents, and volunteers as additional insureds. Such policy(ies) of insurance shall be endorsed so Consultant's insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents, and volunteers. The Workers' Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents, and volunteers. Should Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
Consultant shall furnish City all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to commencement of work under this Agreement.
5 PSA 20231027
3.4 Fees and Payments.
3.4.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for services rendered under this Agreement at the rates set forth in Exhibit A attached hereto and incorporated herein by reference. The parties acknowledge that Consultant has already performed work pursuant to the agreement shown in Exhibit A. The parties agree that the total compensation to Consultant for work performed pursuant to this Agreement, including work already performed pursuant to Exhibit A, shall not exceed $90,000. Any compensation for work performed in addition to said $90,000 shall require approval of the City Council.
3.4.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of work and supplies provided since the initial commencement date, or since the end of the previous billing period, as appropriate, through the date of the statement.
3.4.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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.
3.6 Ownership of Materials and Confidentiality
3.6.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically, electronically, or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").
3.7 General Provisions.
6 PSA 20231027
3.7.1 Termination of Agreement.
3.7.1.1 Grounds for Termination. City may, by written
notice to Consultant, terminate, in whole or in part, this Agreement at any time with or without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven calendar days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. In the event this Agreement is terminated for cause, City may pursue all available legal remedies for breach of contract or any other available legal action. Consultant may not terminate this Agreement except for cause.
3.7.1.2 Effect of Termination. If this Agreement is
terminated, in whole or in part, for any reason, City may require Consultant to provide all finished and/or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of this Agreement. Consultant shall be required to provide such Documents and Data and other information within 15 calendar days of the request.
3.7.1.3 Additional Services. In the event this Agreement is terminated, in whole or in part, for any reason, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.7.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Kosmont Financial Services
1601 N. Sepulveda Blvd. #382
Manhattan Beach, CA 90266
Attention: Larry Kosmont
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: City Manager
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
7 PSA 20231027
adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.3 Cooperation: Further Acts. The Parties shall fully cooperate with each other and shall take any additional acts or sign any additional documents as necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.7.4 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 parties shall bear their own attorney's fees.
3.7.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless, and defend City and each of its elected officials, officers, 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, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney's fees and litigation expenses) to the extent that any loss, liability, fines, penalties, forfeitures, costs, damages, claims, demands, or actions in law or equity arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its principals, officers, employees, or agents in the performance of this Agreement.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
If Consultant should subcontract all, or any portion of, the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless, and defend the City and its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination and/or expiration of this Agreement.
3.7.6 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.
3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.7.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
8 PSA 20231027
3.7.9 City's Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with the Project.
3.7.10Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.7.11Assignment or Transfer. Consultant 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 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.
3.7.12Construction: 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 calendar days unless stated otherwise. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, 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.
3.7.13Waiver. 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.
3.7.14No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.7.15Invalidity: 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.
3.7.16Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from
9 PSA 20231027
the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.17Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, 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. Consultant 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.
3.7.18Labor Certification. By its signature hereunder, Consultant 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.
3.7.19Authority to Enter Agreement. Consultant 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.
3.7.20Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.8 Subcontracting.
3.8.1 Prior Approval Required. Consultant 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. [Signatures on next page]
10 PSA 20231027
Consultant: KOSMONT TRANSACTIONS SERVICES, INC.
By:
Larry Kosmont
President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED OR ACCOMPANIED BY CORPORATE SEAL.
CITY OF NORCO, a municipal corporation
By: _____________________________
Kevin Bash, Mayor
Attest:
By _____________________________
Dana Roa, City Clerk
Approved to Form:
By: _____________________________
Colin Burns, City Attorney
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February 13, 2024
Lori Sassoon
City Manager
City of Norco
2870 Clark Ave
Norco, CA 92860
Re: Municipal Advisor Disclosure Letter
Dear Ms. Sassoon:
The City of Norco ("City”) has requested that Kosmont Transactions Services, Inc. doing business as Kosmont Financial Services (“KFS”) undertake or perform certain “municipal advisory activities” for the City related to the Silverlakes project (“Project”). Since KFS is an Independent Registered Municipal Advisor (“IRMA”)with the US. Securities and Exchange Commission (“SEC”)and the Municipal Securities Rulemaking Board (“MSRB”),we are required, prior to, upon, or promptly after the establishment of a municipal advisory relationship, to evidence the municipal advisory relationship by a writing created and delivered to the City that will convey and disclose certain information to the City. This disclosure letter (“Disclosure Letter”) is being sent to you to satisfy this requirement. This Disclosure Letter is not a proposal nor is it any form of agreement that can or will obligate the City to pay any compensation to KFS or obligate KFS to perform any speci?c services.
One of several integrated firms originally founded in 1986, KFS is part of a broader-based professional consulting operation that, along with Kosmont Companies and Kosmont Realty, offers a unique and full range of services to public agencies and private entities conducting business within the nexus of finance, real estate, and economic development. KFS is the IRMA of the group and specifically handles municipal advisory activities — such as transacting the issuance of municipal securities — that are regulated by and under the jurisdiction of the SEC and MSRB. The KFS professionals assigned to perform municipal advisory activities for the City are “Registered Municipal Advisor Representatives” by virtue of having passed the “Series 50” Municipal Advisor Representative Qualification Examination and are overseen by two (2) Municipal Advisor Principals, qualifying said KFS personnel to offer advice to municipal entities and obligated persons on a broad spectrum of financial matters related to municipal securities and associated ?nancial products.
Kosmont Financial Services
Mailing Address: 1601 N Sepulveda Blvd, #382 (424) 297-1073 Physical Address: 2301 Rosecrans Avenue Manhattan Beach, CA 90266 www.KosmontFinancial.com Suite 4140, El Segundo, CA 90245 Kosmont Financial Services is an Independent Registered Municipal Advisor with the SEC and (he MSRB.
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Duties and Res onsibilities of KFS
As an IRMA, KFS has a duty of care and loyalty to the City and has a fiduciary obligation to provide advice and conduct municipal advisory activities in a manner that is in City’s best interests, not ours or those of any other party.
Disclosure of Material Conflicts
The nature of the payment of KFS’s fees generally being contingent upon a successful closing of any financing presents a natural and unavoidable conflict. However, as is customary in the public finance business, KFS is willing to work “at risk” on this assignment and believes this conflict can and will be properly managed and mitigated, as is the case with other engagements KFS regularly undertakes.
Other than as stated herein, KFS is not aware of any conflicts that currently exist or that may come to exist by engaging in municipal advisory activities with the City.
Disclosure of Le al or Disci lina Events
Neither KFS, its principles nor its Municipal Advisor Professionals assigned to City have ever been the subject of any legal or disciplinary events that may be material to the City’s evaluation of KFS or the integrity of our management or personnel.
Form and Basis of Com ensation
KFS’s standard fee for professional municipal advisory services generally starts at $35,000 for transacting the issuance of municipal securities and is further dependent upon the size, complexity and anticipated amount of time (both person—hours and months) the assignment is expected to take. KFS’s hourly rate sheet is also included with this Disclosure Letter as Attachment A. Fee information is provided herein solely for informational purposes and in accordance with MSRB regulations related to up-front disclosure of fees and expenses prior to entering a Municipal Advisory Relationship. This Disclosure Letter does not, in and of itself, contractually commit the City to make any payments to KFS and likewise does not commit KFS to perform any specific services for the City. All fees will be negotiated as appropriate and applicable on a case—by-case basis and ultimately authorized by a resolution(s) or other appropriate action(s) of the City Council prior to the remittance of any compensation to KFS. In no case will the City be charged or expected to pay any fees to KFS before KFS receives the City’s express, written authorization for services under an appropriate form of authorization.
Antici ated Sco e of Munici al Adviso Activities To Be Performed KFS anticipates that municipal advisory activities to be performed for the City will likely include, but not necessarily be limited to, analysis and suggested courses of action related to financing and/or refinancing of the City’s share of expenses and/or negotiated participation in the Silverlakes project. Such activities will likely involve evaluating developer proforma information about the project, City financial information, current budget, audits and other financial information, as well as evaluation and advice related to the possible issuance of municipal securities, including preferred vehicle (e.g. Bonds, P3, ground lease, other), project status, Kosmont Financial Services
(424) 297-1073
www.KosmontFinancial.com
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City of Norco
MADisclosure Letter
February 13, 2024
assisting the City with the approval process (e.g. review of legal documents, attend City Council meetings), and performing other proforma and/or financing analyses as may be requested by the City from time to time. Ancillary and related activities on an on-going basis may also be performed including but not necessarily limited to evaluation and analysis of the City’s financial operations and budgets, capital programs, deferred maintenance needs, utility rate and fee structures, developer engagements and proposals pending or contemplated, and other areas of the City’s financial operations that may or may be related to, or lead to the issuance of, municipal securities, and as may be requested by the City from time to time.
Termination of IRMA Relationshi
Each of City and KFS is free to terminate this IRMA relationship at any time by giving notice to the other party. While the City may ultimately undertake the issuance of municipal securities, such event will not necessarily trigger an automatic termination of the IRMArelationship that KFS has with the City. It is presently anticipated that KFS will continue to perform municipal advisory activities for the City at the City's pleasure and on an ongoing basis. [signature page follows]
Kosmont 3 | Page Financial Services
(424) 297-1073 www.KosmontFinancial.com Page 149 of 278 8111011I
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City of Norco
MADisclosure Letter
Februa/y 13, 2024
Acknowled ement
Thank you for the opportunity to work with the City as its Independent Registered Municipa Advisor. Kindly l acknowledge receipt ofthis Disclosure Letter by countersigning where indicated below and returning a copy to us so that we may remain in compliance with the various SEC and MSRB regulations governing KFS’s municipal advisory activities.
Sincerely,
Kosmont Transactions Services, Inc. doing business as
Kosmont Financial Services
By:
Lori Sassoon
Its: City Manager
ACKNOWLEDGMENT OF RECEIPT
By signing below, I hereby acknowledge receipt of this Disclosure Letter City of Norco
By:
Larry J. 'osmont, CRE
Its: President
Kosmont Financial Services 4 | Page
(424) 297-1073
www.KosmontFinancial.com
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ATTACHMENT A
Kosmont Financial Services
Fee Schedule
Transactional Securities Issuance Services
KFS’s standard fee for professional municipal advisory services generally starts at $35,000 for transacting the issuance of municipal securities and is further dependent upon the size, complexity and anticipated amount of time (both person-hours and months) the assignment is expected to take. Allfees will be negotiated as appropriate and applicable on a case-by-case basis and ultimately authorized by a resolution(s) or other appropriate action(s) of the City Council prior to the remittance of any compensation to KFS. In no case willthe City be charged or expected to pay any fees to KFS before KFS receives the City’s express, written authorization for services under an appropriate form of authorization.
Professional Consultin Services
For your convenience, we are also including an hourly fee schedule should the need arise to calculate fees for certain or additional services on an hourly basis President $475/hour
Sr. Managing Director/Sr. Vice President/Sr. Advisor $370/hour Vice President $250/hour
Senior Project Analyst $195/hour
Project Analyst/Project Research $175/hour
Assistant Project Analyst/Assistant Project Manager $150/hour GIS Mapping/Graphics Service $95/hour
Clerical Support $80/hour
Kosmont Financial Services
Mailing Address: 1601 N Sepulveda Blvd, #382 (424) 297-1073 Physical Address: 2301 Rosecrans Avenue Manhattan Beach, CA 90266 www.KosmontFinancial.com Suite 4140, El Segundo, CA 90245 Kosmont Financial Services is an Independent Registered Municipal Advisor with the SEC and the MSRB.
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
Second Reading of Ordinance No.1120: Code Amendment 2024-04 (City of Norco) - A City initiated amendment to Title 15 of the Norco Municipal Code (NMC), Section
15.01.080 pertaining to “Work Exempt from Permit” to update/clarify the provisions and standards for animal keeping corrals that do not require a building permit RECOMMENDATION:
Adopt Ordinance No. 1120, Second reading: An Ordinance of the City Council of the City of Norco, California, approving Code Amendment 2024-04: a City initiated amendment to Title 15, Section 15.01.080 pertaining to “work exempt from permit” to update/clarify the provisions and standards for large animal-keeping corrals that do not require a building permit in the City of Norco thereby superseding City Council Resolutions 96-71 and 98-11.
SUMMARY:
The first reading of Ordinance No. 1120 was held on July 17, 2024 and was adopted by the City Council.
BACKGROUND:
In 2022 during the regular triennial Building Code adoption, the City Council approved amendments to the California Building Code (Title 15), which included the list of "work exempt from permits" that has been in place for several years. This list for several years included self-supporting portable covered pipe corrals not exceeding a maximum of 12 ft. x 24 ft, provided they have no walls/open on all sides, and no permanent foundation.
Detailed criteria for portable covered pipe corrals originated via Resolutions adopted in 1996 and 1998 (ref. Exhibit "A" - Resolution 96-71 and 98-11).
The provision for exemption of these structures is reflected in Title 15, Section
15.01.080 of the NMC and currently reads as follows (only Items 10 and 15 of that section are listed since they pertain to the subject matter)
Work Exempt from Permit. Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following:
Building:
10. Self-supporting portable covered pipe corrals not exceeding a maximum of 12 ft. x 24 ft. Provided the number of such structures is premised upon the number of animal units allowed on the property as regulated by the Norco Zoning Code. Furthermore, it is understood that covered corrals do not have any walls and are securely fastened to the surrounding corral fencing.
15. One story, portable, accessory structures used for livestock which do not have permanent foundations.
Recent input from residents and stakeholders highlighted the need for further flexibility, particularly the ability to have up to three enclosed sides on these structures to provide better shelter and protection for animals during adverse weather conditions, thereby enhancing animal welfare and the usability of the structures for animal keeping.
In response, Code Amendment 2024-04 proposes to amend, Title 15 “Buildings and Construction” of the NMC, Section 15.01.080 amendment—section 105.2 (CBC PART 2, VOLUME 1), specifically exemptions number 10 and number 15 pertaining to animalkeeping corrals and structures. Exemption number 10 is proposed to change to allow large animal-keeping roofed and side covered corrals to be enclosed up to 3 sides and includes further guidance of constructing and securing the corral from movement due to wind. Exemption number 15 is proposed to be removed since it would not apply with exemption 10 as amended.
Specifically, Section 15.01.080, Exemption 10 under the “Building Category” is proposed to be amended in its entirety to read as follows:
10. A 12 foot x 24 foot large animal-keeping roofed and side covered corral which is selfsupporting and per the following:
a. These corrals must be independently supported in increments no larger than 12 feet x 24 feet and an area of 288 square feet.
b. One 12-foot. x 24-foot corral is allowed for each animal unit (i.e. a horse, cow, sheep etc.,) per the requirements/allowances of the underlying zone. c. The corral may be enclosed on up to three (3) sides to create a “loafing” or “run-in” type of shelter for animals, provided a minimum 1-foot opening is kept at the top of the enclosure wall (between the wall and the roof) along the entire length of the enclosure wall with the longest dimension. This one foot “open-air” clearance is required to allow wind to pass through the corral and prevent overturning.
d. These corrals cannot exceed 14 feet in height at the roof peak, and 8 feet in height to the top of the corral walls.
e. These corrals are exempt from requiring a 10-foot separation between these corrals. Multiple corrals that meet the requirements of this section can be next to each other on the same parcel but must have a minimum 1- inch air-gap clearance between the roof of the corrals. Furthermore, these corrals cannot be permanently (rigidly) joined together to make a permanent corral larger than 288 square feet, but can have a temporary connection (i,e. clamps, bolts etc.) on the sides.
f. This exemption does not negate the required 5-foot setback from property lines, nor other requirements of maintaining animals as noted in the Zoning Code of the Norco Municipal Code.
g. Covered corrals must be secured to the ground by the means of a concrete “fence post” style footing, a minimum 18 inches deep x 6 inches in diameter, a 1- foot x 1-foot x 1-foot deep square concrete footing with anchor, or other type of soil anchor attachment to the ground that will prevent this corral from overturning in a wind event, and to prevent a hazard to the animal(s) itself. These footings must be easily removable or abandoned if this corral is moved or removed off the property. h. These corrals must be constructed of weather resistant materials including steel (pipe, iron, sheet metal etc..) or wood (pressure treated, painted wood, plywood, etc..), and be maintained in accordance with the Norco Municipal Code property maintenance standards.
Attached Exhibit "B" provides an example of what would be an exempt large animalkeeping roofed and side covered corral under the proposed amendment.
Planning Commission: The Planning Commission heard this item on the meeting of May 8 and June 12, 2024. The Planning Commission unanimously approved a resolution recommending approval to the City Council of Zone Code Amendment 2024-04 as noted above and reflected in attached Ordinance No.1120.
Conclusion: The proposed amendment promotes large animal/livestock keeping by providing more flexibility on the allowance for large animal-keeping roof and side covered corrals that create shelter without the need for a building permit, but with required building and safety criteria. By providing the ability to have up to three enclosed sides on these large animal-keeping covered corrals, better shelter and protection for animals during adverse weather conditions is provided, thereby enhancing animal welfare and the usability of these type of corrals.
FISCAL IMPACT:
Not applicable to this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 1 - Public Health, Safety & Wellness Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Ordinance No. 1120 for Code Amendment 2024-04, on Title 15 for Large Animalkeeping Corrals Exhibit A, Ord. 96-71 and Ord. 98-11- Covered Corrals
EXHIBIT B, Sample of Exempt Roofed and Side Covered Corral
ORDINANCE NO. 1120
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2024-04: A CITY
INITIATED AMENDMENT TO TITLE 15, SECTION 15.01.080
PERTAINING TO “WORK EXEMPT FROM PERMIT” TO
UPDATE/CLARIFY THE PROVISIONS AND STANDARDS FOR LARGE
ANIMAL-KEEPING CORRALS THAT DO NOT REQUIRE A BUILDING
PERMIT IN THE CITY OF NORCO THEREBY SUPERSEDING CITY
COUNCIL RESOLUTIONS 96-71 AND 98-11.
WHEREAS, the CITY OF NORCO initiated Code Amendment 2024-04, a proposal to amend Title 15 – “Building and Construction”. Chapter 15.01 - “Administration Provisions for Title 15”, Section 15.01.080 - “Amendment—Section 105.2 (CBC PART 2, VOLUME 1), specifically exemptions numbers 10 and 15 for large animal/livestock keeping corrals; and
WHEREAS, the 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 Code Amendment was scheduled for public hearing on May 8, 2024 and continued to the meeting of June 12, 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 Planning Commission held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-13, recommending approval of Code Amendment 2024-04 to the City Council; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on July 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 Code Amendment; and WHEREAS, Said Code amendment is exempt per CEQA Guidelines Section 15061(b)(3).
Ordinance No. 1120
August 7, 2024
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:
I. FINDINGS.
A. The proposed amendment promotes large animal/livestock keeping by providing more flexibility on the allowance for animal-keeping corrals without the need for a building permit, but with the required building and safety criteria. Specifically, by providing the ability to have up to three enclosed sides on these corrals better shelter and protection for animals during adverse weather conditions is provided, thereby enhancing animal welfare and the usability of the structures.
B. The proposed code amendment will provide property owners within the City limits of Norco, clear and understandable parameters for allowable large animal keeping corrals that do not require a building permit.
C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment promotes animal keeping in zones that allow for large animalkeeping by right. Furthermore, the proposed amendment will allow for large animal-keeping corrals to be enclosed up to 3 sides and with guidance of constructing and securing the corral from movement due to wind.
D. Said code amendment is exempt from environmental review pursuant to State CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed changes would have a significant impact on the environment.
II. DETERMINATION:
NOW THEREFORE, the City Council for the City of Norco does hereby approves Code Amendment 2024-04, thereby adopting Ordinance No 1120, as follows:
SECTION 1:
Title 15 – “Building and Construction”. Chapter 15.01 - “Administration Provisions for Title 15”, Section 15.01.080 - “Amendment—Section 105.2 (CBC PART 2, VOLUME 1), specifically under the “Building Category”, exemption number 10 shall be amended in its entirely as noted below, and exemption number 15 which shall be deleted in its entirety:
10. A 12 foot x 24 foot large animal-keeping roofed and side covered corral which is self-supporting and per the following:
Ordinance No. 1120
August 7, 2024
a. These corrals must be independently supported in increments no larger than 12 feet x 24 feet and an area of 288 square feet.
b. One 12-foot x 24-foot corral is allowed for each animal unit (i.e. a horse, cow, sheep etc.,) per the requirements/allowances of the underlying zone. c. The corral may be enclosed on up to three (3) sides to create a “loafing” or “run-in” type of shelter for animals, provided a minimum 1-foot opening is kept at the top of the enclosure wall (between the wall and the roof) along the entire length of the enclosure wall with the longest dimension. This one foot “open-air” clearance is required to allow wind to pass through the corral and prevent overturning.
d. These corrals cannot exceed 14 feet in height at the roof peak, and 8 feet in height to the top of the corral walls.
e. These corrals are exempt from requiring a 10-foot separation between these corrals. Multiple corrals that meet the requirements of this section can be next to each other on the same parcel but must have a minimum 1- inch air-gap clearance between the roof of the corrals. Furthermore, these corrals cannot be permanently (rigidly) joined together to make a permanent corral larger than 288 square feet, but can have a temporary connection (i,e. clamps, bolts etc.) on the sides.
f. This exemption does not negate the required 5-foot setback from property lines, nor other requirements of maintaining animals as noted in the Zoning Code of the Norco Municipal Code.
g. Covered corrals must be secured to the ground by the means of a concrete “fence post” style footing minimum 18 inches deep x 6 inches in diameter, a 1- foot x 1-foot x 1-foot deep square concrete footing with anchor, or other type of soil anchor attachment to the ground that will prevent this corral from overturning in a wind event, and to prevent a hazard to the animal(s) itself. These footings must be easily removable or abandoned if this corral is moved or removed off the property. h. These corrals must be constructed of weather resistant materials including steel (pipe, iron, sheet metal etc..) or wood (pressure treated, painted wood, plywood, etc..), and be maintained in accordance with the Norco Municipal Code property maintenance standards.
Ordinance No. 1120
August 7, 2024
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. 1120
August 7, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held August 7, 2024
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 17, 2024, and thereafter at a regular meeting of said City Council duly held on August 7,2024, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 7, 2024 ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1120
August 7, 2024
EXHIBIT "A"
EXHIBIT "B"
City Council
STAFF REPORT
Date: August 7, 2024 Agenda Item:
5.B.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Second Reading of Ordinance No. 1121, Code Amendment 2024-07 (City of Norco): A City initiated amendment to Norco Municipal Code Title 15, Chapter 15.60 - "Flood Plain Management" updating this chapter for compliance with FEMA requirements RECOMMENDATION:
Adopt the second reading of Ordinance No. 1121, an Ordinance of the City Council of the City of Norco, California, amending Chapter 15.60 (floodplain management) of title 15 of the Norco Municipal Code to align with updated FEMA guidelines and to improve flood resilience.
SUMMARY:
The First Reading of Ordinance No. 1121 was held July 17, 2024 and was adopted by City Council.
BACKGROUND:
The National Flood Insurance Program (“NFIP”) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. The City of Norco is one of over 20,000 communities that participate in the Program.
As a participating community in the NFIP, the City is responsible for making sure its floodplain management regulations in Chapter 15.60 of the Municipal Code meet or exceed the minimum requirements of the NFIP. By law, the Department of Homeland Security's Federal Emergency Management Agency (“FEMA”) cannot offer flood insurance in communities that do not have regulations that meet or exceed these minimum requirements.
The basis for the City's floodplain management regulations is the flood hazard data provided by FEMA in the form of a set of Flood Insurance Rate Map (“flood map”) panels and an accompanying Flood Insurance Study (“FIS”) report. The flood map provides the City with the information needed for land use planning, emergency management, and reducing flood risk to new development and infrastructure in the floodplain. Each time FEMA provides additional flood hazard data, the City must adopt new flood plain regulations or amend existing regulations to incorporate new data and meet any additional requirements that result from any changes to the data.
On March 12, 2024, FEMA issued a Letter of Final Determination for Riverside County, which provides a new flood map and flood study for the City of Norco. This final letter initiates a six-month adoption period during which the City of Norco must adopt or amend its floodplain ordinance. The flood map and flood study become effective at the end of the six months on September 12, 2024. The effective date is also the date NFIP flood insurance rates will be based on the new flood data for new construction built or NFIP policies issued after this date. The effective map will be the one that will be used by federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan.
Earlier this year, FEMA representatives conducted a review of Chapter 15.60 in anticipation of a new flood map and study becoming effective in Riverside County. Their review concluded that the City's regulations meet the minimum standards provided the following changes were incorporated:
1. Add Severability provisions.
2. Missing definition of Base Flood Elevation.
3. Missing Letter of Map Change procedure.
4. Existing provisions conflict with California Model Ordinance The attached Ordinance No. 1121 incorporates the above changes, plus additional revisions made to correct errors and ensure Chapter 15.60 is consistent with California’s updated Model Floodplain Management Ordinance. The revised municipal code chapter has been deemed acceptable by FEMA representatives and has also been reviewed by the City Attorney.
Summary of key changes made:
1. Updated Definitions: Revised definitions to align with current FEMA terminology and standards. Included is the definition of “Base Flood Elevation” as required by FEMA.
2. Expanded Duties and Responsibilities of the Floodplain Administrator:
Expands the duties of the Floodplain Administrator by providing a detailed description of the permit review process and documentation requirements. It also includes new mandates for biennial reporting to FEMA.
3. Updated Development Permit Requirements: Updated application requirements for developments in special flood areas.
4. Enhanced Construction Standards: New requirements to ensure structures are better protected against flood damage.
5. Updated standards for Subdivisions, Manufactured Homes and Recreational Vehicles: Enhanced safety requirements for subdivisions, manufactured homes and recreational vehicles to ensure better protection against floods.
6. Addition of Severability Provision: This provision ensures that if any part of the ordinance is found invalid, the remainder remains in effect.
7. Updated Appeal Board Procedures: Updates Appeal Board procedures by requiring a public hearing for variance requests and expands the criteria the City Council must consider. Included is a procedure for handling Letters of Map Change.
IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed Code Amendment has been deemed exempt from environmental review as there is no possibility that the proposed changes would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.
FISCAL IMPACT:
There is no fiscal impact resulting from these changes to Chapter 15.60 of the Norco Municipal Code.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of this code amendment does not have direct nexus to established strategic plan goals.
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, LLP, City Attorney ATTACHMENT(S):
Norco Ordinance 1121 - Floodplain Management
01225.0005/901810.2
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NORCO, CALIFORNIA, AMENDING CHAPTER 15.60
(FLOODPLAIN MANAGEMENT) OF TITLE 15 OF THE
NORCO MUNICIPAL CODE TO ALIGN WITH UPDATED
FEMA GUIDELINES AND TO IMPROVE FLOOD
RESILIENCE
WHEREAS, The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government unit’s authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the City reviews and updates the provisions of Title 15, Buildings and Construction, from time to time to ensure the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Norco; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part
1.5 and Part 2.5, the City of Norco is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the Federal Emergency Management Agency (“FEMA”) has issued updated Flood Insurance Rate Maps (“FIRMS”) and guidelines to better identify flood hazards and manage flood risks; and
WHEREAS, the proposed Amendment aims to protect human life and health, minimize public and private losses due to flooding, and ensure the long-term resilience of the community against flood risks; and
WHEREAS, the City of Norco recognizes the need to update its floodplain management regulations to ensure they are consistent with current FEMA standards; to maintain the City’s eligibility for the National Flood Insurance Program (“NFIP”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: REPLACEMENT OF CHAPTER 15.60 OF THE NORCO MUNICIPAL CODE
Chapter 15.60 of the Norco Municipal Code is hereby replaced in its entirety with the following:
Ordinance No. 1121
Chapter 15.60 - FLOODPLAIN MANAGEMENT
Sections:
15.60.005 Statutory Authorization
15.60.010 Coordination with California Building Standards Code
15.60.015 Findings of Fact
15.60.020 Legislative Purpose
15.60.030 Methods of Reducing Flood Losses
15.60.040 Definitions
15.60.050 Lands to Which this Chapter Applies
15.60.060 Basis for Establishing the Areas of Special Flood Hazard
15.60.070 Compliance
15.60.080 Abrogation and Greater Restrictions
15.60.090 Interpretation
15.60.100 Warning and Disclaimer of Liability
15.60.110 Severability
15.60.120 Designation of the Floodplain Administrator
15.60.130 Duties of the Floodplain Administrator
15.60.140 Development Permit
15.60.150 Appeals
15.60.160 Standards for Construction
15.60.170 Standards of Utilities
15.60.180 Standards for Subdivisions and Other Proposed Development
15.60.190 Standards for Manufactured Homes
15.60.200 Standards for Recreational Vehicles
Ordinance No. 1121
15.60.210 Floodways
15.60.220 Nature of Variances
15.60.230 Conditions for Variances
15.60.240 Appeal board
15.60.250 Inspections
15.60.260 Violations
15.60.005 - Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
Therefore, the City Council of the City of Norco, County of Riverside, does hereby adopt the following floodplain management regulations.
15.60.010 - Coordination with California Building Standards Code.
Pursuant to the requirement established in State statute that the City of Norco administer and enforce the California Building Standards Code, the City Council of the City of Norco hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
15.60.015 - Findings of fact.
A. The flood hazard areas of the City of Norco, County of Riverside are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
Ordinance No. 1121
15.60.020 - Legislative purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the City to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
15.60.030 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
Ordinance No. 1121
D. Control filling, grading, dredging and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
15.60.040 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"A zone" see "Special flood hazard area."
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than two cars; or
2. A small, low costs shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point on an alluvial fan, or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood Hazard" see "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood") Base flood is the term used throughout this chapter.
Ordinance No. 1121
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
"Building" means "Structure."
“Building Official” means the City Engineer.
"City" means the City of Norco.
"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FEMA" means the Federal Emergency Management Agency.
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water
Ordinance No. 1121
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administrator has delineated both the areas of special flood hazards and the floodway. “Flood Elevation Study” means “Flood Insurance Study”
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.
"Flood Insurance Study" means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."
"Floodplain Administrator" means the City official designated by title by the City Council to administer and enforce the floodplain management regulations by the City Council. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1, TB 3, and TB 7.
Ordinance No. 1121
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway".
"Floodway fringe" means that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to sections 15.60.240 through 15.60.260 of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the City as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity of water. The term includes only docking facilities and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" means the City Council of the City of Norco, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Sections 15.60.220 through 15.60.240 of this chapter relating to variances, means the exceptional hardship that would result from a failure to grant the requested variance. The planning commission shall require that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:
Ordinance No. 1121
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
See "Basement."
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The wet floodproofing standard in Section 15.60.160(C)(3); b. The anchoring standards in Section 15.60.160(A);
c. The construction materials and methods standards in Section 15.60.160(B); or
d. The standards for utilities in Section 15.60.170.
Ordinance No. 1121
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. (See "Basement" definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Norco substantial damage/improvement procedures. See Section 15.60.130(B)(1).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a City's flood insurance rate map are referenced. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
"New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this chapter. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this City.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
Ordinance No. 1121
"One-hundred-year flood" or "100-year flood." See "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Sections 15.60.220 through 15.60.240 of this chapter relating to variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. "Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; or
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Remedy a violation" means to bring the structure of other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sheet flow area" means "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AH, E, M.
Ordinance No. 1121
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual commencement of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Start of construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an improvement only, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development or improvement to comply fully with the provisions of this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in
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this chapter is presumed to be in violation until such time as the owner thereof provides such documentation.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
15.60.050 - Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Norco.
15.60.060 - Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS)" for Riverside County and Incorporated Areas dated March 22, 2022 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM's) and all subsequent amendments and/or revisions to such maps, are hereby adopted by reference and declared to be a part of this chapter and serve as the basis for establishing flood hazard areas. This FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the floodplain administrator. The study and FIRM's are on file at 2870 Clark Avenue, City Hall, Norco Department of Public Works.
15.60.070 - Compliance.
No structure or land shall hereafter be altered, constructed, converted, developed, extended, located or used without fully complying with the provisions of this chapter and other applicable regulations. Violation of the requirements imposed by this chapter, and any condition imposed by the planning commission or floodplain administrator which have become final, shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such additional or other lawful action as is necessary to prevent or remedy any violation hereof.
15.60.075 - General Applicability.
These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement
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and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the building codes; and other buildings and development activities
15.60.080 - Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.60.090 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor or the governing body;
C. Deemed neither to limit, nor repeal any other powers granted under state statutes.
15.60.100 - Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, the City Council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
15.60.110 - Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
15.60.120 - Designation of the Floodplain Administrator.
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The City Manager of the City of Norco is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions.
15.60.130 - Duties of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator, or designee, shall include, but not be limited, to the following:
A. Permit review. Review the development permits to determine:
1. Permit requirements of this chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained; Such permits include but are not limited to:
a) California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).
b) California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
3. The site is reasonably safe from flooding;
4. The proposed construction, development or encroachment does not adversely affect the carrying capacity within zones A1-30 and AE where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City; and
5. All letters of map revision (LOMR) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on condition letters of map revision (CLOMR). Approved CLOMR's allow constructions of the proposed flood control project and land preparation as specified in the "start of construction" definition.
B. Development of substantial improvement and substantial damage procedures.
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations,
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renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage;
4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage; and
5. Assure procedures are coordinated with other departments/divisions and Implemented by the floodplain administrator and building official.
C. Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with Section 15.60.060, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.60.160 through 15.60.210.
NOTE. A base flood elevation may be obtained using the methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (one hundred years) Flood Elevations", dated July 1995.
D. Notification of other agencies.
1. Alteration or relocation of a watercourse:
a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b) Submit evidence of such notification to the Federal Emergency Management Agency; and
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c) Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alternations:
a) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific date to FEMA for a letter of map revision (LOMR). Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
b) The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
E. Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 15.60.160(C)(1). (lowest floor elevations);
2. Certification required by Section 15.60.160(C)(2). (elevation or floodproofing of nonresidential structures);
3. Certification required by Section 15.60.160(C)(3). (wet floodproofing standard);
4. Certification of elevation required by Section 15.60.180(B). (subdivisions and other proposed development standards);
5. Certification required by Section 15.60.210(A). (floodway encroachments); and
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6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
F. Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.60.240.
G. Remedial action. Take action to remedy violations of this chapter subject to concurrence by the City Attorney.
H. Biennial report. Complete and submit biennial report to FEMA.
I. Planning. Assure City's General Plan is consistent with floodplain management objectives herein.
15.60.140 - Development permit.
A development permit shall be obtained before any construction or other development, including manufactured homes, within any special flood hazard area established in accordance with its definition in Section 15.60.060. Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.60.060 or Section
15.60.160(C);
6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and
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7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.60.160(C) of this Ordinance and detailed in FEMA Technical Bulletin TB 3.
B. Certification from a Registered Civil Engineer or Architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.60.160(C).
C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.60.160(C)(3) of this Ordinance and detailed in FEMA Technical Bulletins 1 and 7.
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. All appropriate certifications listed in Section 15.60.130(E) of this chapter.
15.60.150 - Appeals.
A. Any person aggrieved by any action or decision under this chapter may appeal same to the City Council.
B. Any failure to appeal any action, decision, determination or ruling hereunder by the floodplain administrator or City manager, within ten days thereof shall render such act, decision, determination or ruling final.
Any decision on appeal by the City Council shall become final upon being signed by the Mayor or the City Council, provided that notice and a copy thereof shall be mailed to the aggrieved person within ten days of its signature or upon its mailing to such person on the date after such ten days.
15.60.160 - Standards of construction.
In all areas of special flood hazards, the following standards are required:
A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy.
B. Construction materials and methods. All new construction and substantial improvement of structures, including manufactured homes, shall be constructed:
1. With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
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3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation and floodproofing.
1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation. Non-residential structures may meet the standards in subsection C.3 below. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Land Surveyor or verified by the City’s Building Inspector that elevation requirements have been met. Such certification and verification shall be provided to the Floodplain Administrator.
2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least one (1) foot higher than the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet standards in subsection C.3 below. Upon completion of the structure compliance to the elevation requirement shall be certified by a Registered Civil Engineer or Licensed Land Surveyor or verified by the City’s Building Inspector.
3. Nonresidential construction shall either be elevated in conformance with C.1 or C.2, above, or together with attendant utility and sanitary facilities:
a. Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to a minimum of one (1) foot above the base flood elevation;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a Registered Civil Engineer or Architect that the standards of this subsection are satisfied.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Land Surveyor, and verified by the City’s Building Inspector to be properly elevated.
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Such certification and verification shall be provided to the Floodplain Administrator.
4. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section
15.60.160(C)(1), or:
a) Be floodproofed, together with the attendant utility and sanitary facilities, below the elevation recommended under Section 15.60.160(C)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c) Be certified by a Registered Civil Engineer or Architect that the standards of this Section 15.60.160(C)(2) are satisfied. Such certification shall be provided to the Floodplain Administrator.
5. Flood openings. All new construction and substantial improvement of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
a) For non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b) Be certified by a Registered Civil Engineer or Architect.
6. Manufactured homes (see Section 15.60.190).
7. Garages and low-cost accessory structures.