AGENDA
City Council
Wednesday, September 4, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:30 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and Mayor Pro Tempore Unrepresented employee: Interim City Manager
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: Interim City Manager Lisette Free Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 potential cases)
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: People v. JOHN OPITZ, RIC1905434
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Pro Tem Newton
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. PUBLIC COMMENTS
City Council Agenda - September 4, 2024
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 and Special Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of August 21, 2024 and Special Meeting Minutes of August 14, 2024.
Staff Report - Pdf
3.C. Amendment to Increase Contract amount for NCS Engineers for Additional Environmental Work Related to Design Services for Per-and polyfluoroalkyl substances (PFAS) Treatment System for Groundwater Wells RECOMMENDATION:
Approve an amendment to the contract for NCS Engineers for additional NEPA environmental work related to design services for per-and polyfluoroalkyl substances (PFAS) Treatment System for groundwater wells for an additional $57,578.
Staff Report - Pdf
City Council Agenda - September 4, 2024
3.D. Acceptance of Storm Drain Easement Dedication for the Norco MDP Line S-5E Storm Drain Project (APN 123-130-009)
RECOMMENDATION:
Accept the offer of dedication of the public storm drain easement on 2520 Hillside Avenue (APN 123-130-009), authorize the Mayor to sign the Certificate of Acceptance and direct the City Clerk to file the Certificate of Acceptance with the County of Riverside Recorder’s Office.
Staff Report - Pdf
3.E. Acceptance of Proposals and Award of Contract for the Professional Architectural/Engineering Design Services for The Hall Roof Replacement Project; and Approve Appropriation of Funds
RECOMMENDATION:
Accept the proposals and award the contract to Beam Professionals for the Professional Architectural and Engineering Design Services for The Hall Roof Replacement Project, with a not-to-exceed contract amount of $36,817. Additionally, allocate a budget appropriation of $36,817 from the General Fund to cover the cost of the professional services contract.
Staff Report - Pdf
3.F. Approval of New Joint Use Agreement and Joint Occupancy Agreement between Corona-Norco Unified School District and the City of Norco RECOMMENDATION:
Approve the new Joint Use Agreement and Joint Occupancy Agreement between the Corona-Norco Unified School District (CNUSD) and the City of Norco for the shared use and management of the City Council/School Board Chambers and associated facilities.
Staff Report - Pdf
4. ITEM(S) PULLED FROM CONSENT CALENDAR
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.
City Council Agenda - September 4, 2024
5.A. Second reading of Ordinance No. 1124: An Ordinance of the City Council of the City of Norco, California, Amending Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 “Fireworks”, Section 9.20.040 “Administrative citation – Issuance” to increase the fine amounts for illegal use of fireworks.
Code Amendment 2024-10
RECOMMENDATION:
Ordinance No. 1124: Second Reading, Approval of Amendment of Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 "Fireworks", Section
9.20.040 "Administrative citation - Issuance" to increase the fine amounts for illegal use of fireworks.
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. Approval of a 3-year contract for professional public works inspection services
RECOMMENDATION:
Approve and award a 3-year contract to Z&K Consultants, Inc. to provide professional inspection services for the Public Works Department for fiscal year 2024-25 through 2026-27 in an amount not to exceed $550,000 annually.
Staff Report - Pdf
6.B. Discuss Norco Municipal Code Chapter 18.37 "Signs" Section 18.37.08 regarding Political Signs
RECOMMENDATION:
Discuss Norco Municipal Code Chapter 18.37 "Signs" Section 18.37.08 regarding Political Signs and provide staff with direction.
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
City Council Agenda - September 4, 2024
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: September 4, 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: September 4, 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 and Special Meeting Minutes RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of August 21, 2024 and Special Meeting Minutes of August 14, 2024.
REVIEWED AND APPROVED BY:
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
City Council - Aug 21 2024 - DRAFT Minutes
City Council - Aug 14 2024 - Special Meeting -DRAFT Minutes
DRAFT - MINUTES
City Council
Wednesday, August 21, 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
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 153-240-280
Agency negotiators: Interim City Manager
Under negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: Interim City Manager Lisette Free 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 LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
RECONVENE PUBLIC SESSION 7:07 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions taken on items one, two and three. Item four, Conference with Legal Counsel - Anticipated Litigation, no decision was made to initiate litigation.
City Council Minutes - August 21, 2024
PLEDGE OF ALLEGIANCE Mayor Bash
INVOCATION Pastor Erin Diaz
New Beginnings Community Church
INTRODUCTION
Patrick Wright, Event Services Supervisor for the Ingalls Event Center Mayor Bash introduced Event Services Supervisor Wright.
Event Supervisor Wright thanked the City Council and is looking forward to working with the City.
PRESENTATIONS
Recognizing Judy Bonham for her Outstanding Achievement Mayor Bash congratulated Judy Bonham for her achievement of Professional Horsemen Lifetime Achievement Award and presented a certificate.
Recognizing Sixth Street Deli for their Continued Community Support Mayor Bash and RURAL, John Rigler, presented the certificate to Sixth Street Deli to celebrate their hard work.
Recognizing Norco Girls Softball 8U and 12U Teams for their wins Mayor Bash congratulated the Norco Girls Softball 8U and 12U teams and presented certificates.
Heritage Room Update - Amy Wheeler
Heritage Room Administrative Aide Wheeler provided information on the Heritage Room and new programs.
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
City Council Minutes - August 21, 2024
Gary Footin spoke regarding his concerns for noise from his neighbor.
Bonnie Slager spoke regarding the upcoming Norco Fair and reminded everyone to ger their Fair Buttons. She reminded everyone and extended the invite to Norco Horseman's Candidate Night on September 19, 2024, at 6:30 PM at Nellie Weaver Hall.
Holly McMillan spoke regarding the 2028 Olympics and the opportunities for Norco to be a part of the Equestrian Games and asked that an adhoc committee be created to discuss events for the 2028 Olympics.
Scott McMillan spoke on behalf of Friends of Leaps and Bounds regarding raising awareness of horse therapy, especially during the 2028 Olympics and spoke in support of creating an adhoc committee.
Greg Bowen spoke regarding the 2028 Olympics and spoke in support of creating an adhoc committee.
Don Mitchell spoke regarding his concerns for a storm drain issue on his property and asked the City Council to provide an update.
Lacey Matson spoke regarding UWA Local 606 on behalf of a Local that is willing to discuss and resolve the issues at hand. She also asked that item 3.G. be reviewed and filled by a union member as opposed to a contracted position.
Luke Matson spoke regarding item 3.G. and asked that the position be a City Employee position as opposed to a contracted inspector.
3. CONSENT CALENDAR
a) Approve Consent Calendar as Presented
Mayor Pro Tem Newton pulled item 3.G. and Mayor Bash pulled item 3.I. for discussion.
M/S GRUNDMEYER/HANNA Approve Consent Calendar as Presented. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - August 21, 2024
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
Action: Approved the City Council Regular Meeting Minutes of August 07, 2024.
3.C. Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Program for Palomino Business Park
Action: Approved the Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement between the City of Norco, the Western Riverside Council of Governments (WRCOG), and CRP LDF Palomino, LLC (Caprock) for street widening improvements on First Street (Mountain Avenue to Parkridge Avenue) and at Second Street (Mountain Avenue and Pacific Avenue).
3.D. Approve quote from Yunix Traffic for installation of LED lights at various traffic and pedestrian signal heads in Norco
Action: Accepted the quote from Yunix Traffic for installation of LED lights on various traffic and pedestrian signal heads in Norco and authorized the City Manager to approve a purchase order in the amount of $119,624.
3.E. Amendment of FY 2025-29 Capital Improvement Program to include additional funding for the Citation Drive Storm Drain Project, Acceptance of Bids, Award of Contract, and Approval of Project Plans for the Citation Drive Storm Drain Project Action: Appropriated additional funding for Fiscal Year (FY) 2025-29 CIP storm drain budget in the amount of $245,000 for the Citation Drive Storm Drain Project; accepted bids and awarded a contract to Wright Construction Engineering Corp. for the Citation Drive Storm Drain Project in the amount of $365,000; and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.
3.F. Acceptance of the First Street Storm Drain Project as Complete Action: Accepted the First Street Storm Drain Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
City Council Minutes - August 21, 2024
3.H. Consideration of support for Proposition 36, the Homeless, Drug Addiction, and Theft Reduction Act
Action: Joined the list of Californians for Safer Communities Coalition supporters of Proposition 36.
4. ITEM(S) PULLED FROM CONSENT CALENDAR
3.G. Approval of a 3-year contract for professional public works inspection services Public Works Director Blais answered questions and addressed concerns from Council Members.
Council Members discussed the position.
Mayor Pro Tem Newton recommended approval of the item as is, Council Member Hanna Seconded.
Council Member Aleman asked that a few questions be answered before motion was voted on.
City Attorney Burns answered questions from Council Member Aleman.
Council Member Aleman made a substitute motion to continue the item for further review at the next regular meeting on September 4, 2024 to receive additional information from staff.
M/S ALEMAN/GRUNDMEYER Substitute Motion to continue item for further review at the City Council Regular meeting on September 4, 2024. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3.I. Recap of Actions Taken by the Planning Commission at its Meeting Held on August 14, 2024
Mayor Bash had concerns regarding item 4.C. from the Planning Commission Meeting held on August 14, 2024.
City Council Minutes - August 21, 2024
Council Member Aleman clarified the information that was given to the applicant regarding the project and the process of approving the requirements.
City Attorney Burns and Community Development Director Robles clarified and answered questions from Council Members.
Mayor Bash made a motion to have the item sent back to the Planning Commission with waived fees.
There was no second.
Community Development Director Robles clarified the process of appeal and answered questions from Council Members.
Mayor Bash opened Public Comment.
Kal Farah, project Civil Engineer, spoke regarding the property and spoke to the project and the items that abided by code and the issues they had with the landscaping requirement.
John Opitz, applicant and property owner, spoke regarding the project and the conditions that the project was denied on and asked for assistance on getting the plans back to Planning Commission for correction and review.
Mayor Bash closed Public Comment.
Community Development Director Robles answered questions and addressed concerns from Council Members.
City Attorney Burns clarified best practice for the process to appeal.
Mayor Bash rescinded his motion to send back the item to Planning Commission with waived fees and made a new motion to appeal.
There was no second.
Mayor Pro Tem Newton made a substitute motion to uphold the Planning Commissions denial and approve the minutes.
Mayor Bash asked for a motion to approve item 3.I., Mayor Pro Tem Newton made the motion.
City Council Minutes - August 21, 2024
M/S NEWTON/GRUNDMEYER Receive and file the recap of actions taken by the Planning Commission at its meeting held on August 14, 2024. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Attorney Burns asked that the City Council hear the discussion on item 6.B. before Legislative Matters.
Mayor Bash and Council Members agreed to discuss item 6.B. before item 5.A.
6.B. Discussion regarding City Manager contract approval threshold City Attorney burns presented the report on the City Manager contract approval threshold.
Interim City Manager Free, Facilities and Maintenance Director Hamilton and Public Works Director Blais answered questions and addressed concerns from Council Members.
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
Council Member Aleman made a motion to have a policy brought back to get the information quarterly for approvals made that are under the current threshold.
Mayor Bash requested that approvals made in the 25k-50k range are provided to the City Council monthly.
Council Member Grundmeyer asked for clarification on Council Member Aleman's motion.
Council Member Aleman clarified the motion so that the information brought to City Council quarterly is on PO's made in the 25k-50k range as a Consent Calendar item for the City Council to review.
City Council Minutes - August 21, 2024
M/S ALEMAN/BASH To have an itemized list of PO's that fall under the approval threshold of 25k-50k brought to City Council for review quarterly. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. LEGISLATIVE MATTERS
5.A. Ordinance No. 1123, Second 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 Council Members had no questions or concerns.
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
Motion was made.
M/S ALEMAN/HANNA Ordinance No. 1123: Second 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. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. DISCUSSION / ACTION ITEM(S)
6.A. Discussion regarding existing requirements for Primary Animal Keeping Areas (PAKAs) and open Animal Keeping Areas (AKAs) on private properties zoned for animal-keeping, and changes/updates that may be warranted to further facilitate and protect animal-keeping
City Council Minutes - August 21, 2024
Community Development Director Robles presented the report on requirements for PAKAs and AKAs.
Community Development Director Robles answered questions and addressed concerns from Council Members.
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
Community Development Director Robles answered additional questions from Council Member.
Following discussion, motion was made.
M/S HANNA/ALEMAN Discuss existing provisions for animal-keeping areas in their respective zones and recommend changes as appropriate. The Motion was carried by the following roll call vote:
AYES: BASH, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
6.C. Introduction and first reading of Ordinance No. 1124: An Ordinance of the City Council of the City of Norco, California, Amending Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 “Fireworks”, Section 9.20.040 “Administrative citation – Issuance” to increase the fine amounts for illegal use of fireworks. Code Amendment 2024-10
City Attorney Burns presented the report on Ordinance No. 1124.
City Attorney Burns answered questions and clarified safe and sane fireworks.
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
City Council Minutes - August 21, 2024
City Attorney Burns answered questions from Council Members.
Council Member Grundmeyer clarified her request to have this item brought for discussion.
Lieutenant Hall provided additional information regarding the enforcement of fireworks.
Motion and Second was made.
Council Member Aleman had concerns regarding safe and sane enforcement.
Deputy Whittenberg answered questions from Council Members regarding enforcement
Following discussion, City Attorney Burns read the Ordinance Title into the record.
M/S BASH/HANNA Ordinance No. 1124: First Reading, Approval of Amendment of Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 "Fireworks", Section
9.20.040 "Administrative citation - Issuance" to increase the fine amounts for illegal use of fireworks. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.D. First Reading Ordinance No. 1125 Amending the Norco Municipal Code Title 2, Chapter 2.06 "City Council Salaries" Increasing the Compensation of City Council Members - Code Amendment 2024-11
City Attorney Burns presented report on Ordinance No. 1125.
City Attorney Burns answered questions and addressed concerns from Council Members.
Mayor Bash clarified his reasoning for asking that this item be brought back for review.
Mayor Bash opened Public Comment.
There were no public comments at this time.
City Council Minutes - August 21, 2024
Mayor Bash closed Public Comment.
Council Members discussed Council Compensation and exclusions to the Ordinance.
Mayor Bash made a motion to increase compensation with no phones and no mileage.
No Second was made.
City Attorney Burns addressed concerns from Council Members.
Council Member Aleman made a motion to approve the adjustment of Council Compensation with the amendment to get rid of mileage reimbursement within and outside of the City and that new Council Members are tiered off in 2024 and on for CalPers.
No Second was made.
Council Member Grundmeyer and Council Member Aleman discussed the Council Compensation pay rate and inflation.
Mayor Bash made a motion that it serves as a place holder to be voted on next year and does not include phones or mileage and eliminates CalPers.
Council Member Aleman made a substitute motion to approve the compensation with no phones or mileage and eliminates CalPers.
M/S ALEMAN/BASH Adopt Ordinance No. 1125 First Reading Amending Section
2.06.030 of the Municipal Code, Salaries, adjusting Council Member Compensation to $1,182.50 per Month, or another amount as directed, to be effective January 1, 2025 with the amendment of no phones, no mileage and to eliminate CalPers for future Council Members. The Motion was DEFEATED. by the following roll call vote:
AYES: BASH AND ALEMAN
NOES: NEWTON AND GRUNDMEYER
ABSENT: NONE
ABSTAIN: HANNA
7. CITY COUNCIL / STAFF COMMUNICATIONS
City Council Minutes - August 21, 2024
Public Works Director Blais provided an update on the opening of the Hamner Ave Bridge.
Council Member Hanna made a motion to agendize a discussion on the timeline for campaign signs during elections.
M/S HANNA/NEWTON Discuss when campaign signs can be put up during elections. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Pro Tem Newton thanked Interim City Manager Free for providing information before the meeting for Council Member questions.
Public Works Director Blais answered questions regarding the Hamner Ave Bridge from Mayor Pro Tem Newton.
Council Member Aleman requested the Resolution that outlines the rules of order for meetings.
Mayor Bash requested that staff reach out to the gentleman with the storm drain issue.
Mayor Bash made a motion to agendize the discussion to create an adhoc committee for the 2028 Olympics.
M/S BASH/GRUNDMEYER Discuss the creation of an Adhoc Committee for the 2028 Olympic Games. 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 requested R1 property protection information from SB-9 and SB-10 from Community Development Director Robles. He requested that the property on Parkridge Ave and Hamner Ave be monitored for the bond passing and to have the City Council meet with Corona to discuss the property.
8. ADJOURNMENT
City Council Minutes - August 21, 2024
Mayor Bash adjourned the meeting at 9:55 PM in awareness of Veterans Suicide and in honor of Aaron Osorio. He provided information for a Veterans Suicide Awareness event at the American Legion on Sunday from 8 AM - 11 AM that will be raising funds for the family.
_________________________________
Dana Roa, CMC
City Clerk
DRAFT - MINUTES
City Council
Wednesday, August 14, 2024
City Hall Conf Room A – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:45 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
1. PUBLIC COMMENTS
There were no public comments at this time.
2. CLOSED SESSION
City Attorney Burns read the Closed Session item into the record.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
3. REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns reported that the City Council voted 3-2 to proceed with an amicable separation agreement with City Manager Lori Sassoon.
City Attorney Burns reported that the City Council voted 5-0 to appoint Finance Director Lisette Free as Interim City Manager.
4. ADJOURNMENT
Mayor Bash adjourned the meeting at 8:25 PM.
_________________________________
Dana Roa, CMC
City Council Minutes - August 14, 2024
City Clerk
City Council
STAFF REPORT
Date: September 4, 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:
Amendment to Increase Contract amount for NCS Engineers for Additional Environmental Work Related to Design Services for Per-and polyfluoroalkyl substances (PFAS) Treatment System for Groundwater Wells
RECOMMENDATION:
Approve an amendment to the contract for NCS Engineers for additional NEPA environmental work related to design services for per-and polyfluoroalkyl substances (PFAS) Treatment System for groundwater wells for an additional $57,578.
SUMMARY:
City Council previously approved a contract for NCS Engineers to provide professional design services for a potential PFAS groundwater treatment system for $669,027.
However, due to additional requirements outlined as part of a State grant program, in order for the City to qualify for grant funding, the City must provide additional environmental assessment not originally required as part of NCS scope of work.
Therefore, NCS has provided the City with a cost proposal for the additional environmental assessment at a cost of $57,578 that Public Works is recommending be added to the existing NCS contract.
BACKGROUND:
On June 5, 2024 the City approved a contract in the amount of $669,207 to NCS Engineers for design services for PFAS treatment system for the City's groundwater wells. The Water Fund is financially supporting the project with an approved budget of $900,000 for fiscal year 2024-25. Another activity included in the budget related to PFAS is the City's application to the Drinking Water State Revolving Fund for PFAS grant funding in the amount of $5,000,000 that will be used for supplementing design and construction costs for a PFAS treatment system. However, the grant requires applicants to conduct additional environmental assessment by completing a California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)
analysis of potential impacts to the environment and when there are, considering alternatives and mitigation before approving federal actions. This grant requirement was not known at the time Public Works obtained the proposal from NCS which only included the traditional CEQA assessment as part of the design work. Therefore, Public Works requested NCS provide an additional scope to complete the required NEPA assessment (see attached).
Public Works is recommending City Council approve an amendment to the contract for NCS Engineers for additional NEPA environmental work related to design services for PFAS Treatment System for groundwater wells for an additional $57,578. The revised contract amount would now be $726,75.
FISCAL IMPACT:
The PFAS Groundwater Treatment Project is included as a Capital Improvement Project in the Water Fund for Fiscal Year 2024-25 in the amount of $900,000. There are sufficient unallocated funds to cover the additional scope of work for $57,578.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of the additional design services for the PFAS Groundwater Treatment Project is consistent with Strategic Plan Goal No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
NEPA Proposal NCS
1 Proposal to Provide Drinking Water State Revolving Fund (DWSRF) Grant Application Support: Environmental Documentation
NCS Engineers
July 28, 2024
Rev 1
“The information in this document is proprietary and confidential and of significant economic value to the proposed project team. It is intended to be used only for informational purposes and to evaluate our qualifications to provide services. It should not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this document.”
1 NCS Engineers
1200 Main, Suite D
Irvine, CA 92614
July 28, 2024
City of Norco Public Works
2870 Clark Avenue, Norco, CA 92860
Attention: Mr. Chad Blais
Director of Public Works
Subject: Proposal to Provide Drinking Water State Revolving Fund (DWSRF) Grant Application Support: Environmental Documentation
Dear Mr. Blais:
NCS Engineers (NCS), in association with Montrose Environmental Solutions (Montrose), is pleased to submit this Scope of Work and Cost Proposal to provide support for environmental documentation related to the water treatment system upgrades at the City of Norco’s (City’s) groundwater treatment system. Under this proposal, the Project Team will complete the California Environmental Quality Act (CEQA) based on the previous application used for the site improvement as well as federal Cross-Cutting documents required for funding evaluation by the State Board related to the grant application.
Montrose team met with NCS to discuss the various CEQA options and associated federal Cross-Cutting documents to complete the “DRINKING WATER ENVIRONMENTAL PACKAGE (CONSTRUCTION – TIER I) Rev 2/2024” package needed per the State Board’s Division of Financial Assistance.
After review of the information received and upon discussion with the State Board on the documents needed to initiate the funding review, the City’s DWSRF application could be completed with the performance of a cultural resources assessment and incorporation of those survey results, as well as various desktop analyses, into an Environmental Package. The Project Team is prepared to begin work on the Environmental Package, including cultural resources analysis and supporting California Environmental Quality Act (CEQA) documentation immediately following receipt of written authorization to proceed from the City.
Presented herein is our proposal to provide support services for the State Board. As needed, the scope of work can be adjusted to meet the City’s and State’s requirements.
2 BACKGROUND
The City has commenced the treatment improvement project for PFAS and other contaminants for Wells 13 and 15, where a central treatment facility is located.
As part of this effort, the City is seeking DWSRF funding for this upgrade of an existing City groundwater treatment facility (Project), specifically for the planning, design and construction to treat water within the Bluff Street Groundwater Treatment Plant. Although the State Water Resources Control Board (SWRCB) implements the DWSRF grant program through their Division of Financial Assistance, the program is authorized by the federal Safe Drinking Water Act, which allows states to establish programs that are capitalized through state and federal funding. The implementing regulations for the DWSRF program state that the SWRCB must conduct environmental reviews of projects in accordance with a State Environmental Review Process (SERP) that is functionally equivalent to the review undertaken by the USEPA under the National Environmental Policy Act (NEPA) prior to approval of a DWSRF financing agreement.
The City has previously applied for DWSRF funding through the SWRCB and as a result, was advised to confirm that their environmental documentation is complete prior to submittal and approval. To complete the necessary environmental documentation for the Project, the City will need to complete a drinking water environmental package for Tier 1 Projects, and any associated studies to support conclusions made in the environmental package.
Below is a description of the proposed scope of work to support the City in completing their environmental documentation package and required supporting studies, so that the City can submit a complete application for funding under the DWSRF.
SCOPE OF SERVICES
The goal of this project is to complete the necessary documents for the State Board funding review, and as such, the scope of services is streamlined to meet that objective. The project team has developed the following tasks.
Task 1: Cultural Resources Assessment
The Project Team will perform a cultural resources assessment, including an evaluation of potential archaeological and historical resources, to support reporting requirements under the Archeological and Historic Preservation Act (54 U.S.C. §§312501-312508) and the Historic Sites Act (54 U.S.C. § 320101 et seq.). The assessment will include a desktop review of publicly available data and a records search at the Eastern Information Center. The Project Team assumes the Project would have limited impacts on cultural resources, due to the heavily disturbed, previously developed nature of the Project site and limited work area.
Therefore, the Project Team has determined that a reconnaissance-level survey of the Project site would be sufficient to characterize any potential impacts to cultural resources.
The Project Team will prepare a Historic Properties Identification Report (HPIR) to
3 document the results of the Information Center records review and the reconnaissance field visit as required by the State Board. As part of this Task the Project Team will request a Sacred Lands File (SLF) search from the Native American Heritage Commission (NAHC) and prepare initial project notification letters to tribes indicated by results obtained from the SLF search. The SLF will be included as an appendix to the HPIR. If the Project changes configuration and/or disturbance of previously undeveloped ground is required, additional field survey efforts may be required and would need to be requested and approved under a separate scope of work.
Deliverables
• Draft HPIR in MS Word format will be provided electronically to the City for review and comment.
• Final HPIR in PDF will be provided electronically to the City for inclusion in the environmental package.
Assumptions
• Field work will be performed by one (1) archaeologist, one (1) 10-hour day to complete. • Shovel test-pits will not be required.
• One round of consolidated edits/comments provided by the SWRCB on the Draft HPIR will be reviewed and addressed by the Project Team prior to producing the Final version.
Task 2: Complete Drinking Water Environmental Package
The Project Team will work with the City to obtain the necessary background data and complete the SWRCB “Drinking Water Environmental Package (Construction – Tier 1)” adhering to the SWRCB application instructions dated 2/2024. Based upon the Project Team’s understanding that the City has already submitted the Financial Assurances section of the DWSRF application, the Project Team would rely upon Project background information from the existing application to support data needs related to Project location, Project description, Project activities, etc. The Project Team will complete the remaining sections of the Environmental Package using publicly available tools and databases such as Google Earth, the U.S. Geological Survey geo-datasets for water resources, and the U.S. Fish and Wildlife Service’s IPaC project planning tool for listed species and sensitive habitats. The Project Team anticipates that background review would require up to three (3) phone calls with the City to explain data needs, confirm receipt of data, and ask follow-up questions.
The Project Team would provide the City with a draft Environmental Package for review and confirmation and incorporate edits provided by the City to finalize the Environmental Package to be submitted to the State Board by the City.
4 Deliverables
• Draft Environmental Package will be provided electronically to the City for review and comment.
• Final Environmental Package will be provided electronically to the City for submittal to the State Board.
Assumptions
• Completion of this task will not require an environmental analysis of alternatives. If it is determined that an analysis of alternatives is required, it would need to be authorized under a separate scope of services.
• Completion of this task assumes the Project is eligible, as indicated by the SWRCB, for a Categorical Exclusion (CE). If an unavoidable potentially significant impact is discovered during the cultural resources review (or other environmental factor reviews), the Environmental Package would be expected to require a significantly more detailed analysis and CEQA documentation. In the unlikely event a CE is determined insufficient, this additional analysis would need to be discussed with the City and authorized under a separate scope of services.
• The City will handle all document transmittals to the SWRCB. • One round of consolidated edits/comments provided by the City on the Draft Cultural Resources Assessment will be reviewed and addressed by the Project Team prior to producing the Final Package.
Task 3: CEQA Categorical Exemption Documentation and Notice of Exemption The SWRCB has informed the City that the Project is categorically exempt under CEQA. As mentioned above, the Project Team assumes that a Categorical Exemption (CE) under Class 3 (New Construction or Conversion of Small Structures) is potentially applicable, given a preliminary review of the City’s drafted Notice of Exemption (NOE), dated September 18, 2018 for previous work on the same facilities, at the site. In support of the City’s current DWSRF Funding Application, the Project Team will prepare a current NOE for the Project, including narrative addressing findings for the CE, consistent with CEQA Guidance related to DWSRF funding. The Project Team will provide draft and final versions of the full NOE with CE findings for the City to review and file with the State Clearing House.
Deliverables
• Draft NOE with CE findings in MS Word format will be provided electronically for review and comment by the City.
• Final NOE with CE findings in PDF will be provided electronically for inclusion in the environmental package.
Task 4: Air Quality Analysis
5 Based on the provided information, the air quality and GHG impact for the Proposed Project is expected to be below significance thresholds. Montrose will provide an analysis of ambient emissions of criteria pollutants, as defined and regulated under the Clean Air Act, to demonstrate how significant the air quality and GHG impact will be from the construction and operation of the Project. The following will be completed for the air quality and GHG analysis:
• Collect information to identify potential emission sources, such as construction equipment, fuel dispensing station, etc.
• Estimate construction and operational activity emissions using California Emission Estimator Model (CalEEMod).
• Use the South Coast Air Quality Management District (SCAQMD) Rule 1401 Calculator to conduct a screening level Health Risk Assessment of the Project. • Prepare the air quality impact memorandum.
Deliverables
• One electronic copy of the draft Air Quality and GHG Memorandum, including the CalEEMod calculations included as an attachment, for the Client’s review and comment.
• One electronic copy of the final Air Quality and GHG Memorandum with attachments, appended to the Environmental Package.
Assumptions
• The Client will provide Montrose with a Project description that includes the construction dates, amount of grading, haul routes/trips, and construction equipment roster. If the Client does not have the information, Montrose will use reasonable model defaults.
• No changes to the Project description will occur once analysis has commenced. • If the Proposed Project changes, and emissions are found to be significant, a more detailed analysis (e.g., air dispersion modeling, complex health risk assessments) not covered under this scope will be required.
• Costs include one round of draft memorandum comments/edits.
Task 5: Coordination with the State Board
The Project Team will coordinate with the State Board for guidance and feedback throughout environmental document preparation and submission process as well as comment incorporation period. This task will include the effort needed to sort out the approach needed for the cultural resource search while the Eastern Information Center is closed.
6 Fees
The City will pay fees for permits required by local, state, or federal jurisdiction. Any scope not specifically mentioned is not part of the proposed cos, but additional permit-specific work can be provided on a time and material basis as needed. The proposed cost is shown in Exhibit A. The project phase will be billed on task completion basis.
PROPOSED SCHEDULE
The proposed project schedule is based on the current understanding of the scope. The project schedule can be adjusted once the requirements of the project are defined such as treatment approach, regulatory guidelines from the local agencies, etc.
The Project Team will begin work immediately after receiving a signed approval from the City.
The tasks described in this proposal would be completed as follows.
Proposed Project Schedule
- Kick off Call Week 1
- Complete Cultural Resources Assessment Week 4*
- Complete Drinking Water Environmental Package Week 4
- City Review and Feedback/Comments/Edit Week 5
- CEQA Notice of Exemption Week 6
*NOTE:
On June 28, 2024, the Eastern Information Center at UC Riverside where the records are located for the cultural resources assessment task. The State Office of Historic Preservation (OHP) is currently working on a plan to move the records to another information center but until that happens, the records are not available for review. As such, the schedule to complete that task will require additional time until the Center reopens. If the closure is extended, other documents, such as previously filed City reports, etc. will be used to complete the Cultural Resources report in the meantime. The Project Team is waiting on guidance from the State Board on the best way to proceed with this rather than waiting for the re-opening of the Center.
STANDARD PAYMENT OF INVOICES
The City agrees to pay for the services in the proposal in accordance with the compensation provisions set forth therein based on the milestone/monthly invoice. Payment of all invoices is due within 30 days of the invoice date. Any invoice that remains outstanding after the due date may be charged interest at the lesser of the maximum amount permitted by law or 1.5% per month on the unpaid balance.
7 INSURANCE
The project team shall maintain, during the life of the Agreement unless otherwise discussed, the following insurance:
a. Commercial general liability including bodily injury, property damage, owners and contractors protective, products/completed operations, contractual and personal injury.
The combined single limit for bodily injury and property damage shall not be less than$1,000,000.
b. Automobile bodily injury and property damage liability insurance covering owned, non‐ owned and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000.
c. Statutory worker's comp and employer's liability insurance as required by state law. d. Professional liability insurance with limits of not less than $1,000,000. e. Excess/umbrella liability insurance with limits of not less than $4,000,000.
We appreciate the opportunity to provide support for this project, and we look forward to assisting the City to meet the project goals.
Please do not hesitate to contact us at 949-400-3458 or [email protected] if you have any questions regarding this proposal or need further information. We look forward to your comment and authorization to proceed with this important project.
Best regards,
Joon H. Min
President of Global Water Practice, A Division of NCS Engineers SUBMITTED BY:
Name: Joon H. Min Title: President of GWP Date: July 28, 2024 ___________________________________________________________________________________________ Authorized Signature
ACCEPTED BY:
Name: Title: Date:
___________________________________________________________________________________________ Authorized Signature
8 Exhibit A
Proposed Budget Table
Task Description Fee
1 Cultural Resources Assessment $22,580
2 Drinking Water Environmental Package $11,090
3 CEQA Notice of Exemption $6,558
4 Air Quality Analysis $8,990
5 Coordination with the State Board $5,360
Subtotal $54,578
City Council
STAFF REPORT
Date: September 4, 2024 Agenda Item:
3.D.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Acceptance of Storm Drain Easement Dedication for the Norco MDP Line S-5E Storm Drain Project (APN 123-130-009)
RECOMMENDATION:
Accept the offer of dedication of the public storm drain easement on 2520 Hillside Avenue (APN 123-130-009), authorize the Mayor to sign the Certificate of Acceptance and direct the City Clerk to file the Certificate of Acceptance with the County of Riverside Recorder’s Office.
SUMMARY:
The property owner of 2520 Hillside Avenue is offering for dedication to the City of Norco a public easement for storm drain purposes. The easement documents have been prepared and are ready for acceptance by City Council for recordation.
BACKGROUND:
Several residential properties located on the west side of Hillside Avenue (between Third and Fourth Street) incur flooding during rain events due to homes being located in the low point of the street. The Norco MDP Line S-5E Storm Drain Project in conjunction with the Hillside Avenue Pavement Project are being designed to capture runoff tributary to Hillside Avenue to alleviate the flooding issues with the westerly properties (See Project Exhibit).
The City desires to accept the offer of dedication of the easement located on 2520 Hillside Avenue (see Easement Legal & Plat) for storm drain purposes. Therefore, staff is recommending that the City Council accept the offer of dedication for the storm drain easement, authorize the Mayor to sign the Certificate of Acceptance, and direct the City Clerk to file the Certificate of Acceptance with the County Recorder.
FISCAL IMPACT:
There is no financial contribution for the acquisition of this easement.
RELATIONSHIP TO STRATEGIC PLAN:
Acceptance of the proposed storm drain easement on 2520 Hillside Avenue is consistent with Strategic Direction #5 - Infrastructure 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 as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Project Exhibit
Easement Legal & Plat
EXHIBIT”A”
LEGALDESCRIPTION
STORM DRAINEASEMENT
THAT PORTION OF LOT6 AND THE EASTHALFOF LOT 10 IN BLOCK19 OF "RIVERSIDEORANGE HEIGHTS TRACTNO. 2” INTHECITYOF NORCO,COUNTYOF RIVERSIDE,STATEOF CALIFORNIA,AS SHOWN BYMAP ON FILEIN BOOK7, PAGE 54 OF MAPS, RECORDSOF RIVERSIDECOUNTY,DESCRIBEDAS FOLLOWS:
STRIP 1:
THE NORTHERLY15.00 FEETOF THE PROPERTYDESCRIBEDINSAID INSTRUMENT NO. 2006-0029447 O.R.,'
BOUNDED EASTERLYBYTHE NORTHWESTERLYRIGHTOF WAY LINEOF HILLSIDEAVENUEAND WESTERLY
BY THE SOUTHERLYPROLONGATION OF THE EASTERLYLINE OF THE PROPERTY DESCRIBEDIN SAID INSTRUMENT NO. 2006-0029447 O.R., SAID EASTERLYLINE BEING 254.29 FEET EASTERLY,MEASURED ALONGTHE NORTHERLYLINEOF THE SOUTHERLYHALFOF SAID LOT6, MEASUREDFROM THEWESTERLY LINEOF SAIDLOT6.
CONTAINING8,419 SQUAREFEETOR 0.193 ACRES,MORE OR LESS.
STRIP 2:
A STRIP OF LAND15.00 FEETWIDE, LYING15.00 FEETWESTERLYOF THE SOUTHERLYPROLONGATIONOF THE EASTERLYLINEOF THE PROPERTY DESCRIBEDIN SAID INSTRUMENT NO. 2006—0029447 O.R., SAID EASTERLYLINEBEING254.29 FEETEASTERLY,MEASUREDALONGTHE NORTHERLYLINEOF THESOUTHERLY HALFOF SAIDLOT6, MEASUREDFROM THEWESTERLYLINEOF SAIDLOT6; BOUNDED NORTHERLYBYTHE WESTERLYPROLONGATIONOF THE NORTHERLYLINE OF STRIP 1 DESCRIBEDABOVE, AND BOUNDED SOUTHERLYBY A LINE PARALLELWITH AND DISTANT 15.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLYLINEOF THE PROPERTY DESCRIBEDIN SAID INSTRUMENTNO. 2006— 0029447 O.R.
CONTAINING1,318 SQUAREFEETOR 0.030 ACRES,MORE OR LESS.
Sheet 1 of 2
STRIP3:
THE SOUTHERLY15.00 FEET OF THE WESTERLY254.29 FEET OF THE PROPERTY DESCRIBEDIN SAID INSTRUMENTNO. 2006-0029447 O.R.
SAID STRIP OF LANDSHALLBE LENGTHENEDOR SHORTENED SO AS TO TERMINATEEASTERLYIN THE WESTERLYLINEOF SAIDSTRIP2 DESCRIBEDABOVE.
CONTAINING3,814 SQUAREFEETOR 0.088 ACRES,MORE OR LESS.
SUBJECTTO ALLCOVENANTS,RIGHTS,RIGHTSOF WAY AND EASEMENTSOF RECORD.
EXHIBIT”B”ATTACHEDAND BYTHIS REFERENCEMADEA PART HEREOF.
Armando D. DuPont, LS. 7780 Date: 08/08/2024
Sheet 2 of 2
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STORM DRAIN EASEMENT
PLAT TO ACCOMPANY LEGAL
DESCRIPTION
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WST. NO. 2006—0029447, 0R.
REC. 07/72/2005
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SURVEVING, INC.
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Job No. 21820-1
DrawnBy:CE
Date: 08/08/2024
City Council
STAFF REPORT
Date: September 4, 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 Proposals and Award of Contract for the Professional Architectural/Engineering Design Services for The Hall Roof Replacement Project; and Approve Appropriation of Funds
RECOMMENDATION:
Accept the proposals and award the contract to Beam Professionals for the Professional Architectural and Engineering Design Services for The Hall Roof Replacement Project, with a not-to-exceed contract amount of $36,817. Additionally, allocate a budget appropriation of $36,817 from the General Fund to cover the cost of the professional services contract.
SUMMARY:
Tropical Cyclone Hilary severely damaged The Hall's roof, causing leaks that have led to revenue losses, decreased client satisfaction, and safety hazards from fallen insulation. To obtain FEMA reimbursement for the necessary repairs, a thorough roof assessment and cost estimate are required. Although this project is not in the City's Capital Improvement Plan, it is recommended that the City Council approve a professional services contract with Beam Professionals and allocate up to $36,817 from the General Fund for repairs.
BACKGROUND:
On August 20, 2023, Tropical Cyclone Hilary inflicted damage in the City of Norco, impacting roadways, horse trails, and various facilities. In response, the City Manager declared a Local Emergency on August 22, 2023, under Section 2.28.110 of the City of Norco Municipal Code, facilitating immediate funding for essential resources. The City Council ratified this declaration on August 24, 2023.
By August 25, 2023, staff had submitted an Initial Damage Estimate to the Emergency Management Department (EMD) of Western Riverside County and provided Riverside County with detailed damage locations for inspection on August 30, 2023, which included the damage to The Hall. EMD confirmed that continuing the Local Emergency status was not necessary for reimbursement. With emergency conditions resolved, the City Council terminated the Local Emergency on November 1, 2023.
The Hall at the Ingalls Event Center, a City facility, sustained significant roof damage during the storm. To secure FEMA reimbursement for the repairs, a comprehensive roof assessment report and a detailed cost estimate, both conducted by a licensed professional engineer, are required.
FEMA's funding guidelines stipulate that emergency work must be completed within 6 months and permanent work within 18 months of the declaration date. As we will not meet these deadlines, we will request an extension, which will be submitted before the March 2025 deadline. In the meantime, we are collaborating with the EMD team to ensure thorough documentation of our progress.
To facilitate a timely and efficient process, staff prepared a Request for Proposals (RFP) that included both the roof assessment report and the Plans, Specifications, and Estimates (PS&E) Package. This approach allows us to work with the same engineers for both tasks, streamlining the process and reducing additional costs and time. The tasks covered in the RFP include:
Task 1: Roof Assessment Report involves conducting an initial meeting to set design parameters, followed by a detailed roof inspection and cost estimation by licensed professionals. The process concludes with a condition analysis from an engineer and routine monthly update meetings.
Task 2: PS&E Package for Roof Replacement includes developing detailed plans and specifications, creating a bid package with wage rates, and estimating project costs. It also involves performing structural calculations, verifying site conditions, and holding initial and monthly update meetings.
Task 3: Plan Review and Approval Process requires submitting final plans to the Norco Building Department, providing both physical and digital plan sets, addressing any official feedback, responding to bidder inquiries, and managing the logistics of plan submissions.
On June 5, 2024, staff released the RFP for the Professional Architectural/Engineering Design Services for The Hall Roof Replacement Project. On July 8, 2024, two proposals were received that ranged from $36,817 to $280,489. As per the RFP, proposals were evaluated based on six listed criteria and assigning a point value to each up to the maximum points shown to the right of each criterion. Staff will select the awarded proposal based on the proposal with the highest score.
Evaluation Criteria Maximum Score
Quality and Completeness of Proposal 15
Experience and Capability of Consultant 25
Staff Qualifications 10
Detailed List of Completed Similar
Projects 25
Proposed Project Schedule 10
Proposal Cost Bid Sheet 15
Staff evaluations indicate that the proposal submitted by Beam Professionals is the highest-ranking of those received.
Proposer Average Score Total Points (300)
Beam Professionals 92 275
Pacific Rim Architects 83 250
Beam Professionals is highly qualified for The Hall Roof Replacement project, with over 25 years of experience and a portfolio covering more than 3 billion square feet of roofing and waterproofing work. Their team is skilled and has a proven track record of client satisfaction. It is recommended that the City Council award the contract to Beam Professionals to ensure compliance with FEMA reimbursement guidelines.
FISCAL IMPACT:
Allocate an appropriation of $36,817 from the General Fund Operating Budget (Account No. 121.738.43115.30) to cover the cost of this professional services contract for design services. The City will request FEMA reimbursement for this Tropical Storm Hilary cost.
RELATIONSHIP TO STRATEGIC PLAN:
This item closely aligns with Strategic Direction Number 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 as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Beam Professionals_Professional Services Contract
Exhibit B_BEAM Professionals Proposal
CA-1
CONTRACT AGREEMENT
CITY OF NORCO
Professional Architectural/Engineering Design Services for The Hall Roof Replacement Project
1. Parties and Date.
This Agreement is made and entered into this 4th day of September, 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 BEAM Professionals, a professional architecture firm, with its principal place of business at 8163 Rochester Avenue, Suite 100, Rancho Cucamonga, California, 91730 (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 providing professional Architectural/Engineering Design Services for The Hall Roof Replacement Project on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in performing architectural design for public clients, that it and its employees or subconsultants have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the goals of the City.
2.2 Project.
The City desires to engage the Consultant to render such professional design services for the Architectural/Engineering Design Services for the Hall Roof Replacement 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 the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural services outlined by the Project. The Project are 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
CA-2
and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend no later than the schedule outlined in the Consultant proposals for the Project. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent consultant basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant 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. Consultant shall perform the services within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to complete the Project in conformance with such conditions. In order to facilitate Consultant’s conformance with the Project timeframe, City shall respond to Consultant’s Requests for Information in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the reasonable 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.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative. Consultant hereby designates Gene Kesler or his designee, to act as its representative for the performance of this
CA-3
Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Project, using reasonable skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Consultant agrees to work closely with City staff in the completion 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. Consultant shall design the Project under this Agreement in a 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 complete the Project. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to complete the Project. Finally, 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.
As provided for in the indemnification provisions 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 which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-Consultants 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 reasonably acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project.
3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable 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. Consultant shall be liable for all violations of such laws and regulations in connection with the Project. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.8.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
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and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.8 or any of its subsections.
3.2.8.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, subsubcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.
3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.8.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.8.4 Labor 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.
3.2.8.5 Equal 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,
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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.
3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Consultant 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 reasonable 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
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$2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Contract
(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) PROFESSIONAL LIABILITY 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).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant 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. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 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, 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 work to be performed for City, 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 an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City.
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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.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made 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 three (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 three (3)-year discovery period.
3. 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 Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of three (3) years following the expiration or termination of the Agreement.
4. These requirements shall survive expiration or termination of the Agreement.
Consultant 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 Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant 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 Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance certificates required under this Agreement, 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 Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the
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indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers 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 Consultant.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, subconsultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall ensure each subconsultant to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In designing the Project, the Consultant 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 subconsultants, 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.
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit B for completion of the Project, attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed the total costs outline in Exhibit B. 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. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. 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.
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3.3.3 Reimbursement for Expenses. Consultant 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 Consultant 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 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. Consultant 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. Notwithstanding the foregoing, the City’s right to inspect, copy and audit shall not extend to the composition of the Consultant’s rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units.
3.5 Ownership of Materials and Confidentiality
3.5.1 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”). Upon full payment of all monies owed to the Consultant under this Agreement, all Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall
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have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Consultant may retain electronic copies of confidential information contained in routine back-ups created as part of its information technology system back-up and disaster recovery protocols.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) 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. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in
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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.
3.6.2 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:
Consultant:
BEAM Professionals
8163 Rochester Avenue, Suite 100
Rancho Cucamonga, CA 91730
Attention: Gene Kesler, Director of Southern California, BEAM Professionals
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Finance
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 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.
3.6.4 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.
3.6.5 Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under
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this Agreement, Consultant shall require each sub-consultant 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 or expiration of this Agreement.
3.6.6 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.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City’s Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment 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 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.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be workdays (Monday through Friday, excluding holidays). All references to 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.
3.6.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any
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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.
3.6.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited 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 the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub-consultants 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.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub-consultant, 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.
3.6.19 Labor 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.
3.6.20 Authority 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.
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3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 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.
NAME OF CONSULTANT: BEAM Professionals
*By:
_________________________
Gene Kesler, Director of Southern California
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
_________________________
Kevin Bash, Mayor
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
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_________________________
Harper & Burns, LLC
City Attorney
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EXHIBIT A
SCOPE OF WORK
The Hall, Located at 90 Sixth Street was built in 1978 and is 10,500 square feet. It is a steel framed building that is used as a banquet hall. The facility has built-in amenities, including a permanent stage, permanent dance floor, dressing rooms, and an industrial kitchen. Since Tropical Storm Hilary in 2023, the roof has been severely damaged and has caused pieces of insulation to fall from the roof. In addition, several leaks have impacted events in The Hall. This Request for Proposals includes a roof analysis of the existing condition. The analysis shall also include a cost estimate for the damage to the roof that is itemized. The PS&E Package shall include plans for the repairs or replacement of the roof along with specifications and a cost estimate for these repairs.
The scope of services includes, but is not limited to, all necessary analyses and documentation to develop a Roof Analysis, Plans, Specifications, and Cost Estimation (PS&E) package for The City of Norco to present this project for competitive bidding.
The consultant shall conduct a comprehensive review of the The Hall and the existing roof condition to incorporate a comprehensive scope of work for the project. Plans shall be stamped by a State of California Registered Professional Engineer. In general, the scope of work should include the following:
Task 1: Roof Assessment Report
Project tasks shall include but are not necessarily limited to the following:
• Kick-off meeting to discuss design parameters
• Inspection of Roof by a licensed professional engineer • Cost Estimate for the roof repairs by a licensed cost estimator – itemized cost report.
• Provide Roof Condition analysis stamped by a licensed professional engineer • Routine monthly update meetings
Task 2: PS&E Package for The Hall Roof Replacement
Project tasks shall include but are not necessarily limited to the following:
• Provide Plans and Specifications for the replacement of the Roof Replacement at The Hall
• Bid Specification Package shall be ready to bid and fully completed by consultant • Cost Estimate for the proposed project
• Provide structural calculations of the facility to ensure the facility can handle the load of a new roof – existing structural calculations are NOT available. • Site walks are required to verify existing components of the project
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• Kick-off meeting to discuss design parameters
• Routine monthly update meetings
Task 3: Plan Review and Approval Process
Once the project plans and specifications are completed, the Facilities and Maintenance staff will submit the plans to the Norco Building Department. The Building Department will plan-check the plans but there may be corrections that the Building Official or Fire Inspector require. Project tasks 2 shall include but are not necessarily limited to the following:
• Provide the Facilities and Maintenance Director with (3) 24”x36 plan set per each submittal to the Building Department
• Provide the Facilities and Maintenance Director with a digital plan set per each submittal to the Building Department
• Provide responses to bidders during bid process as the Engineer of Record or Architect on Record
• Provide for the pick-up and drop-off of all plans related to plan submittals If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant’s proposal.
The City reserves the right to modify the scope of services before the contract is awarded depending on cost and the City’s confidence in the selected vendor.
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EXHIBIT B
PROPOSAL DOCUMENT
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ELECTRONIC
BEAMPROF.com
BEAMPROF.com
BEAM PROFESSIONALS GOVERNMENT
REQUEST FOR PROPOSALS: PROFESSIONAL
ARCHITECTURAL/ENGINEERING DESIGN SERVICES
FOR THE HALL ROOF REPLACEMENT PROJECT
CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024
CONTENTS
COVER LETTER
pp. 01
01 APPROACH
pp. 02-03
02 SCOPE OF WORK
pp. 04-05
03 SCHEDULE
pp. 06
04 EXPERIENCE AND QUALIFICATIONS
pp. 07-17
05 FEE PROPOSAL
pp. 18-19
06 EXCEPTIONS/DEVIATIONS
pp. 20
07
COVER LETTER
01
Dear Ms. Hamilton and Selection Committee:
On behalf of the entire BEAM Professionals team, we would like to thank the City of Norco for considering our firm’s building envelope and roofing consultant services. Through this response, we hope to demonstrate what makes BEAM Professionals uniquely qualified to assist in executing the scope of work and our team’s commitment and contribution to the Hall's roofing needs.
Firm Overview
BEAM Professionals has over 25 years of experience dedicated to municipal, private, corporate, and commercial facilities planning and design. Over the last two decades, BEAM has had the privilege of completing over 3 billion square feet of roofing and waterproofing replacement and/or repair along with providing building envelope consulting services for a variety of clients. No matter the size of the project, we treat every client with equal importance, and we encourage the City of Norco's representatives to contact any of our references to hear firsthand about our passion and commitment to our customers.
Statement of Interest & Qualifications
BEAM Professionals would be honored to have the opportunity to build a working partnership with the City of Norco. We understand all of the elements in the RFP and have reviewed and agree to all terms stated taking no exception to the terms and conditions of the standard agreement. Our Rancho Cucamonga office offers a unique combination of resources — relevant team experience, proven commitment, and key individuals — to serve the City with a multidisciplinary team of seasoned experts bringing extensive experience with providing roofing and waterproofing assessments and restorations.
Again, we sincerely appreciate your time and consideration. We look forward to the opportunity to meet with your team to further discuss how we might assist with this project. In the meantime, if you require further information from BEAM, please do not hesitate to contact us at 909-987-0909.
Respectfully,
Gene Kesler
Director of Southern California, BEAM Professionals
e: [email protected]
m: 626-421-8005
City of Norco
Amanda Hamilton
Facilities and Maintenance Department
2870 Clark Avenue
Norco, CA 92860
JULY 08, 2024
REF: PROFESSIONAL ARCHITECTURAL/ENGINEERING DESIGN
SERVICES FOR THE HALL ROOF REPLACEMENT PROJECT
BEAM ◼ 8163 ROCHESTER AVENUE ◼ SUITE 100 ◼ RANCHO CUCAMONGA, CA 91730 ◼ P: +1 909 987 0909 BEAMPROF.COM
COVER LETTER
APPROACH
02
Include a detailed and clear discussion of the team’s approach to successfully completing the Architecture Services for the The Hall Roof Replacement Project.
PROJECT APPROACH
A. PRELIMINARY PHASE
Schematic and Design Development Phase: This phase shall provide the necessary information required to develop a proper “scope of work” to ensure a cost effective, long-term solution for the roof areas. During this phase, we will identify areas to investigate existing conditions to detect opportunities and constraints. If requested, a written report can be issued to summarize our findings at the conclusion of this phase.
The following is a general “scope of work” to be performed under this Phase:
• Exterior, visual examination of all roof-related items. Exterior, visual examination of the waterproof integrity of all roof-top elements.
• Cross-section analysis of the existing deck assembly. • Measure/dimension/sketch roof plan and locate all penetrations and projections. • Roof Inspection Report shall include: (if applicable) • General Information; Existing Conditions; Recommendations; Photographs; Roof Plan • Visual examination of all beams, purlins, and columns of the structural assembly.
B. DESIGN PHASE
Construction Documentation: This phase is intended to assist in the production of construction documents required to ensure proper specification, detailing and design. System design, code compliance, system guarantee, maintainability along with anticipated service life, will be the criteria used to determine the most cost-effective, long-term “scope of work”. • The following is a general “scope of work” to be performed under this Phase:
• Establish final detailed “Scope of Work” (Roof System Selection and Design Nomenclature) • Prepare specification sections (roof deck, roofing system, sheet metal, accessories, etc.). • Prepare and draw required roof plan and roof related details. • Assist/Manage pre-proposal and proposal conference.
• Assist/Manage in the evaluation and selection of contractor. • Review and mark-up of submittals and shop drawings.
• Assist/Manage at pre-proposal conference.
C. BID AWARD EXCECUTION PHASE
Performance under this phase provides extra insurance for specification compliance, quality workmanship, and long-term performance of specified roof system.
The following is the general “scope of work” to be performed under this Phase:
• Assist at pre-bid meeting.
• Assist in bid award process.
• Assist in providing recommendation of Certified Installation of the project.
APPROACH
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 02 Page 67 of 295 BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 03
APPROACH
D. CONSTRUCTION PHASE
Construction Administration/ 25% Quality Assurance:
This phase is intended to provide part-time quality
assurance inspections during the course of construction.
Performance under this phase provides extra insurance for specification compliance, quality workmanship, and longterm performance of specified roof system.
The following is the general “scope of work” to be performed under this Phase:
• Assist at pre-construction meeting.
• Part-time quality assurance inspections
during roof related applications.
• roof deck installation (water test, deck
pull-out resistance test, etc.)
• roof system installation
• Assist at roof related job-site meetings –
(as required).
• Assist in progress payment notification.
• Assist in final inspection and project
close out.
E. POST - CONSTRUCTION PHASE
Construction Administration/ 25% Quality Assurance:
This phase is intended to provide part-time quality
assurance inspections during the course of construction.
Performance under this phase provides extra assurance for specification compliance, quality workmanship, and longterm performance of specified roof system. The following is the general “scope of work” to be performed under this Phase:
• Assist in Close out Documentation of
the project.
• Assist in gathering Manufacturer Punch
Reports.
• Assist in gathering General Contractor
Punch Reports.
• Assist in conducting BEAM Punch
Reports.
QUALITY CONTROL PROCEDURES
In order to assure a quality set of plans and specifications during the construction document phase, we initiate a
multilevel quality control program from the very beginning.
Weekly coordination meetings with all building envelope and consulting engineering teams are held to discuss
existing and potential problems and to find a resolution for each. Every set of drawings generated at BEAM must be
submitted to the firm’s internal Quality Control Center.
This department is committed to providing quality
support and training to BEAM staff through a responsive, systematic and consistent approach of compiling data,
delivering relevant information, and providing timely
project control reviews. The department assists in
minimizing the quantity of addenda through a more
thorough project review process.
Every set of drawings must be submitted to our internal quality control center. Our office uses a comprehensive checklist that is addressed throughout the entire process to ensure items are not left off the drawings. The project schedule is also arranged so that a 10-day proofing period is allotted prior to the release for bid. This allows for further coordination and evaluation of the drawings and specifications to ensure correctness.
BEAM has developed a comprehensive checklist that
is addressed throughout the entire process to ensure
that items are not left off the drawings. Our team
constantly reviews this checklist and cross-references the construction documents for accuracy From the moment we
begin to work on your project, we implement the following quality control procedures:
• Documented criteria and guidelines for
compliance by the project team.
• Frequent coordination conferences with
the consultant team members.
• Formal review by the quality control
team with each scheduled deliverable.
• Completion of quality control checklists.
• Drawing overlay and cross check to
eliminate interdisciplinary conflicts.
• Computerized cross check coordination
between specification and drawings.
• Document release control systems.
BEAM has established documentation guidelines that
also outline the practices and procedures to use for all projects. This reduces the need for additional clarification and potential change orders and increases understanding of the project scope to meet client expectations. No
document leaves our office until all review comments have been successfully addressed and signed-off on by the
reviewer including coordination with other disciplines.
City of Cerritos Senior Center
SCOPE OF WORK
03
Provide a scope of work by task for the entire effort,
including all technical studies needed to support new roof design. Task descriptions should provide a sufficient
level of detail to demonstrate a clear understanding of the work needed to complete. Be as thorough as possible to convey a clear work plan that is both comprehensive
and efficient.
ROOFING SCOPE OF WORK
The Hall, located at 90 Sixth Street, was built in 1978 and is 10,500 square feet. It is a steel framed building. the facility has built-in amenities, including a permanent stage, permanent dance floor, dressing rooms, and an industrial kitchen. The existing roof at The Hall is a metal roof with seams. Sprayed insulation coats the interior of the facility and drop lighting comes down from the purlins. BEAM Professionals will provide Architecture Design Services, Roof Damage assessments with costs, and provide a PS&E Package for the replacement of the metal roof at The Hall located at the Ingalls Event Center.
Scope of Work:
1. Roof analysis/assessment of the existing condition
• Site walks are required to verify existing components of the project
2. Roof Assessment Report
3. Analysis shall also include a cost estimate
• Includes certification that the estimated cost
directly corresponds to the repair of the agreed upon
damage
• Is based on unit costs for each component of the
Scope of Work (SOW) and not a lump sum amount
• Contains a level of detail sufficient for FEMA to
validate that all components correspond with the
agreed-upon SOW
4. Technical studies needed to support new roof design.
5. The insulation of the roof should also be considered for replacement along with the lighting
6. Lighting replacement
7. Provide Plans and Specifications for the replacement of the Roof Replacement at The Hall
SCOPE OF WORK
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 04 Page 70 of 295 BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 05
SCOPE OF WORK
8. Submit the plans to the Norco Building Department
9. All design standards will comply with California Building Code Requirements along with California Energy Code
Title 24 Requirements
10. Bid Specification Package shall be ready to bid and shall include prevailing wage rates for labor
11. Provide responses to bidders during bid process
12. Kick-off meeting to discuss design parameters
13. Routine monthly update meetings during construction
14. Alternate optional services:
• Periodic site visits for observation of installations • Provide report on findings
• Review submittals for project compliance
• Respond to construction RFI’s
STRUCTURAL SCOPE OF WORK
Based on the information provided in the RFP, this is our recommended scope of work for the structural portion of this project.
1. Structural Investigation (1 week; on site 1 day, travel to and from): No existing drawings are provided according to RFP. Some in-field measurement and review are required to understand the metal building construction prior to review of adequacy of imposed loads.
2. Structural Load Review of Code Related impacts (2 days): After meeting with the owner on the solutions for waterproofing the roofing of the structure, the imposed loads will be checked against the base building for adequacy and seismic requirement of update to the structure. This requires historical code investigation as well as some time to review existing loads and sections provided.
3. Recommendations (1 Week): Concurrent with solutions investigations.
4. Structural Review of Proposed Roof Solution (2 days)
5. Cost Estimated Entailing Specific Scope Items Required to be Included in the Work (2 weeks): Concurrent with final construction documents
OTHER SCOPE OF WORK
1. Lighting replacement must be done by a competent, licensed electrical contractor who is able to adjust the lighting wiring as required - if the desire is to replace with LED lighting. Replacement in-kind also must be done by a licensed electrical contractor but requires no additional permit work be included, unless the existing circuits are found to be inadequate.
SCHEDULE
04
Tasks Allocated hours Duration
Task 1.
Roof Inspection
(kick-off meeting, inspection of
roof, cost estimate, roof condition
analysis, and update meetings)
Director: 4hrs
Engineer: 10hrs
Estimator: 6hrs
Project Manager: 8hrs
Building Envelope Drafter: 0hrs
Project Coordinator: 4hrs
2 weeks
Task 2.
PS&E Package for The Hall Roof
Replacement
(provide plans and specifications,
bid specification package, cost
estimate, structural calculations,
site walks, kick-off meeting,
monthly update meetings)
Director: 10hrs
Engineer: 15hrs
Estimator: 10hrs
Project Manager: 23hrs
Building Envelope Drafter: 20hrs
Project Coordinator: 12hrs
6 weeks
Task 3.
Plan Review and Approval
Process
(P&S submittal to City, bid RFI’s)
Director: 3hrs
Engineer: 0hrs
Estimator: 0hrs
Project Manager: 4hrs
Building Envelope Drafter: 6hrs
Project Coordinator: 0hrs
4 weeks
Optional Task 4.
Quality Assurance -
Construction Administration
(review RFI’s during construction,
review submitt als/ shop drawings,
attend pre-inst all meetings,
periodic quality assurance
inspection)
Director: 4hrs
Engineer: 0hrs
Estimator: 0hrs
Project Manager: 13hrs
Building Envelope Drafter: 2hrs
Project Coordinator: 6hrs
8 weeks
PROJECT SCHEDULE
SCHEDULE
Provide a schedule outlining the timing of each task identified in the scope of work. The schedule should reflect the City’s desire to complete the architecture design in 2-4 months.
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 06 Page 73 of 295
EXPERIENCE
AND QUALIFICATIONS
05
Provide an overview explaining the consultant team’s qualifications, experience and capability to perform the scope of work. Provide at least three examples of previous municipalities where you provided your respective scope of work in the last five years, including links to the final document(s), where applicable. Also provide at least three client references applicable to the scope of services. Include contact name, telephone number and email address for each reference.
BEAM Professionals have specialized expertise in roofing, waterproofing, exterior building envelope, and forensic investigation. We have more than 25 years dedicated to providing a high-level of service to a diverse range of educational institutions, and they have a strong reputation for service excellence and delivering viable solutions that are financially responsive.
Our team is based on proven experience in working together on similar assignments and is able to provide seamless roof consulting, architecture and engineering services, regardless of size or scope. This collaborative approach is the hallmark of our commitment to serving the City of Norco and is the way we measure our success. Our goal is to link team members in real-time to create effective interactive work tools that leverage individuals and enhance overall efficiency of the project.
BEAM fosters coordination with all consultants in the design process throughout all phases of the project. BEAM’s technological capability and tools allow the team to download all of the consultants’ ideas and input in every meeting. The firm utilizes the latest project communications technology including video-conferencing, Teams, and project-specific FTP sites for meetings and document exchanges.
This core set of procedures will consist of a review of all aspects of the project. Its purpose is to:
▪ Ensure a smooth transition from pre-planning into the design and construction phases ▪ Validate the information (objectives; program requirements; guidelines, etc.) with all team members present, including all City of Norco project stakeholders ▪ Address any issues identified earlier in the process
The result of this overall team approach is that the original objectives identified by the City of Norco are maintained throughout all project phases and incorporated into the final product in the most timely and efficient manner possible.
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 07 Page 75 of 295
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 08 Our firm specializes in providing bespoke services, meticulously designed to cater to the individual requirements of our clients.
With a team of seasoned professionals, we bring a wealth of expertise, practical experience, and unwavering commitment to ensure outstanding outcomes throughout every stage of the project. Our areas of specialty/concentration:
COMMISSIONING
Building envelope commissioning
is a systematic process to ensure
the building systems interactively
perform according to the design
intent and the owner’s operational
needs.
E X T E R I O R W A L L
C O N S U LT I N G
As exterior wall consultants, we
assess, analyze and provide advice
on exterior wall conditions examined
through visual inspections, material
testing, and other diagnostic tests.
F A C I L I T I E S N E E D S
A S S E S S M E N T
A Facility Needs Assessment (FNA)
is a rigorous, multi-disciplinary
approach in an effort to maximize
the value and useful life of the
exterior facility assets.
ROOF CONSULTING
As roofing consultants, we provide
many services such as roof
evaluations, forensic investigations,
and roof design solutions with our
industry specific knowledge.
THIRD PARTY CONSULTING
As third-party building envelope
consultants, we meticulously
inspect and evaluate every facet of
the overall design and construction
of the project at the owner’s behalf.
Hardening improves the durability
of infrastructure, making it better
able to withstand the impacts of
catastrophic events from a natural
disaster.
HARDENING
FORENSIC TESTING
Forensic testing is crucial to
maintaining structural integrity, air
quality, and energy efficiency by
assessing and addressing air, water,
and thermal leaks.
M A I N T E N A N C E P R O G R A M
Building envelope maintenance
programs are essential to preserving
the integrity and longevity of the
structure and preventing costly
problems.
WATERPROOFING CONSULTING
As waterproofing consultants,
we evaluate structures for
vulnerabilities and provide expert
recommendations for customized
waterproofing solutions.
ABOUT THE NINE PILLARS OF BEAM
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 09 Our team members certifications include:
1. Registered Roof Consultant (RRC): With this certification, we are equipped to provide expert guidance on roofing systems, ensuring optimal performance and longevity.
2. Registered Roof Observer (RRO): With our RRO certification, we possess the skills and expertise to conduct thorough inspections of roofing installations, ensuring compliance with industry standards and specifications.
3. Registered Exterior Wall Observer (REWO): As REWO-certified professionals, we excel in evaluating and inspecting exterior wall systems, identifying potential issues and recommending effective solutions to enhance performance and durability.
4. Registered Waterproofing Consultant (RWO): As RWO-certified professionals, we excel in evaluating and inspecting different waterproofing systems, material and installations using industry standards to provide professional consulting service.
5. Registered Exterior Wall Consultant (RWEC): With REWC Certified Individuals, we are able to provide professional consulting services for wall drainage systems, fenestration assemblies, and different cladding systems.
6. Construction Document Technologist (CDT): With expertise in construction documentation, we ensure clarity and precision in project specifications, facilitating smooth project execution and minimizing errors.
BIOGRAPHY OF EDUCATION AND TRAINING EXPERIENCE:
Our team comprises highly qualified professionals with a diverse range of certifications and expertise in building and construction. We pride ourselves on our ability to provide comprehensive and expert guidance in our field. Below are the key credentials that highlight our team's capabilities.
Additionally, our team includes registered architects and engineers, further strengthening our capability to provide integrated and comprehensive services. Our architects bring innovative design and planning expertise, while our engineers offer technical precision and problem-solving skills. Together, these professionals ensure that our projects are executed to the highest standards of quality and efficiency.
We are dedicated to upholding the highest standards of professionalism and excellence in every project we undertake, providing our clients with peace of mind and confidence in the integrity of their building envelope systems.
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 10
CITY OF NORCO
Gene Kesler, IIBEC
Director of Southern California
PROJECT LEADERSHIP
PROJECT SUPPORT
COST ESTIMATER
Organizational Chart
Organizational Chart
Our team is based on proven experience in working together on similar assignments and is able to provide seamless roof consulting, architecture and engineering services, regardless of size or scope. This collaborative approach is the hallmark of our commitment to serving the City of Norco and is the way we measure our success. Our goal is to link team members in real-time to create effective interactive work tools that leverage individuals and enhance overall efficiency of the project.
BEAM fosters coordination with all consultants in the design process throughout all phases of the project. The consultant team members participate in on-site charrettes with BEAM, consultant, and client representatives. This is an important role in the development of the project concepts while providing valuable input to the process. BEAM’s technological capability and tools allow the team to download all of the consultants’ ideas and input in every meeting. The firm utilizes the latest project communications technology including video-conferencing, Teams, and project-specific FTP sites for meetings and document exchanges.
This core set of procedures will consist of a review of all aspects of the project. Its purpose is to:
▪ Ensure a smooth transition from pre-planning into the design and construction phases ▪ Validate the information (objectives; program requirements; guidelines, etc.) with all team members present, including all City of Norco project stakeholders
▪ Address any issues identified earlier in the process
The result of this overall team approach is that the original objectives identified by the City of Norco are maintained throughout all project phases and incorporated into the final product in the most timely and efficient manner possible.
Alfredo Velasquez
Architectural Drafter
Hannah Moon, PE, RA
Professional Engineer | Architect
John Gilchrist
Project Manager
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 11 BIO
Gene has over 30 years of project management,
design and planning experience with regards
to building envelope projects. He assists in the
development of project programming and conceptual
design while consulting with clients and consultants
to determine function and project requirements.
He manages projects from conception stage through
construction and completion, ensuring that teams quality, schedule, contractual obligations and budget goals are
met. He participates in the evaluation and selection of engineering consultants; Interpreting and implementing
building codes in collaboration with governmental
agencies.
PROFESSIONAL AFFILIATIONS
Member, International Institute of Building Enclosure
Consultant (IIBEC)
PROJECT EXPERIENCE
CIVIC/GOV
City of Cerritos
City Hall
Center for Performing Arts
Senior Day Health Center
City of Davis
City Facilities Roofing
City of Orange
Public Works Department Leak Investigation
City of Pomona
Pomona Library
K-12
San Bernardino Unified School District
United School District
Riverside Unified School District
Eastside Elementary School
Martin Luther King High School
West Covina Unified School District
Coronado High School
Santa Rosa City Schools
Abraham Lincoln Elementary School
Albert Biella Elementary School
Hilliard Comstock Middle School
James Monroe Elementary School
Maria Carrillo High School
Santa Rosa High School
Santa Rosa Middle School
San Diego Unified School District*
Hamilton Elementary School Modernization
Mira Mesa High School Modernization
Arcadia Unified School District
Arcadia High School Aquatic Center
Arcadia High School Career Technical Education
Azusa Unified School District*
Azusa HS Modernization
Center MS Modernization
Chaffey Jt. Union HSD*
Montclair HS – New Aquatics Facility
Palm Springs Unified School District*
Cathedral City ES New Campus
GENE KESLER IIBEC
DIRECTOR OF SOUTHERN CALIFORNIA
* Experience at Previous Firm
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 12 BIO
Hannah Moon is a licensed architect in the state of
California. Her education focused on architecture as well as structures. She focuses on detailed adaptation of different water intrusion mechanisms, structural movement as
well as energy and air transmission through architectural details. She desires to provide a symbiotic relationship between exterior and interior of the built environment.
She has been working in structural design since 2007
and has worked in both architectural and structural firms focused on building designs since 2016. She is familiar with building construction materials ranging from wood to steel to concrete. Her primary industry focus has been with public building clientele from elementary schools to civic structures to federal works.
EDUCATION
Academy of Art University
Texas Tech University
Bachelor of Science in Architecture
Bachelor of Science Civil Engineering (Structures)
REGISTRATIONS
Registered Architect / C-38791
Professional Engineer / C96056
LEED AP BD+C
SEI - Structural Engineers Institute
AEI - Architectural Engineers Institute
NCARB - National Council of Architects Registration Boards
RELEVANT EXPERIENCE
City of Cerritos
Senior Center
City of Davis
City Facilities Roofing
City of Eureka*
Facilities Assessment and Master Plan
City of Los Altos*
City Hall Renovation
San Carlos Airport*
New Office and Training Center Design
County of Yolo
Administrative Building
Adult Day Health Care
Central Library
Child Support Services
Jefferson Building
County of Napa*
Napa Homeless Shelter
San Mateo County*
Radio Shop
Dublin Unified School District
Dublin Emerald HS Phase I & II
Nevada Irrigation District
NID Hydro Field Office Facilities Needs Assessment Report Placerville Unified School District
Markham MS Gym
St. Helena Unified School District
St. Helena HS Bldg G & H
Santa Rosa City Schools
Santa Rosa HS Phase III
Lawrence Cook MS Roof and HVAC Replacement
Brookhill ES Roof and HVAC Replacement
University of California Irvine
2021 Building Envelope
Veterans Affairs, Salt Lake City*
Genomics Addition
San Jose State University*
Engineering Rm 114 Renovation
Clark Hall Room Division
Student Union Food Pantry
HANNAH MOON PE,RA, LEED AP BD+C
REGISTERED ARCHITECT | PROFESSIONAL ENGINEER
* Experience at Previous Firm
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 13 BIO
John Gilchrist has 28 years of experience in architecture, design and development. John’s broad range experience
ranges from forward planning, entitlement, presentations, schematic design, design development, construction
documents, city processing, county processing, state
processing, federal processing, project closeout and turn over. John is a team focused manager with the ability
to maintain the bottom line through fully collaborative team management and coordination of large-scale multimillion-dollar projects. Highly skilled in the knowledge and experience necessary to effectively manage clients, design teams, consultants, design review boards, governmental
processing, budgets, specifications, construction
administration, and presentations.
EDUCATION
University of Texas at San Antonio
Bachelor of Science, Architecture
RELEVANT EXPERIENCE
City of Cerritos
Center of Performing Arts
Senior Center
City of Orange
Public Works Department Leak Investigation
Police Headquarters Lobby Roof Remodel
City of Pomona
Pomona Library
Alvord Unified School District
Multi-Campus Roofing Consultant
Anaheim Elementary School District
Anaheim Elementary School
Episcopal School
Campbell Hall
Centennial High School
Aquatic Center
Corona Norco Unified School District
Auburndale New Gym & Modernization
Long Beach Unified School District
Wilson Aquatic Center
Palos Verdes Peninsula Unified School District
2021 Roof Replacement Project
Riverside Unified School District
Eastside Elementary School
Westminster Unified School District
Anderson Elementary School
Demille Elementary School
Loma Linda University*
Student Center Remodel
San Bernardino Valley College*
Gymnasium
Parking Structure
Los Angeles Community College District*
Pierce College Library
Chaffey College*
Academic Building
Mt. San Antonio College*
Design Technology Center
JOHN GILCHRIST
PROJECT MANAGER
* Experience at Previous Firm
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 14 BIO
Alfredo is skilled in AutoCAD, Revit and CREO. He supports the Southern California BEAM team by compiling and
reviewing drawings for PBK Architects and BEAM project
managers. He is a fast learner, and is able to quickly and accurately draft projects. Alfredo will be involved at the schematic and design development phases and through
the construction document phase. He will assist during the bidding phase with any addenda that may be released.
EDUCATION
California State Polytechnic University
Chaffey Community College
RELEVANT EXPERIENCE
City of Cerritos
Senior Center Roof Replacement
Pomona Library
City of Orange
Public Works Department Leak Investigation
City of Pomona
Pomona Library
Centennial High School
Aquatic Center
Episcopal School
Campbell Hall
Mountain View Unified School District
Ranch View Elementary School Roof Replacement
Oceanside Unified School District
El Camino High School
Palos Verdes Peninsula Unified School District
CTE Center
Pflugerville Independent School District
2021 Roof Replacement Project
2024 Roofing Package
Tyler Independent School District
St. Louis Operation Center
Foothill DeAnza Community College District
DeAnza Building L1 Roofing
Foothill Building 2800 Roofing
Japanese Cultural Center Roofing
Smithwick Theater Roofing
Hillsborough Community College
Building Envelope & HVAC Study
Texas Women's University
Brackenridge Hall Renovations
MCL Building Renovation
WT UC Irvine
State Funds 2021 Building Envelope
ALFREDO VELAZQUEZ
PRODUCTION COORDINATOR
* Experience at Previous Firm
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 15 BEAM Professionals assisted the City of Cerritos by providing complete architectural services for the roof replacement at their City Hall and Chambers buildings. A complete removal and replacement of the existing roof system was performed down to the lightweight insulating concrete, and repair to the insulated concrete to allow the new Title 24 roof system to be installed and help reduce energy consumption for the buildings. BEAM provided all construction documents and provided full construction administration services throughout the construction phase.
COMPLETED
2021
OWNER REPRESENTATIVE:
Dario Simoes
Assistant City Engineer
p: 562-916-1219
e: [email protected]
CERRITOS CITY HALL ROOF REPLACEMENT
CITY OF CERRITOS || CERRITOS, CALIFORNIA
BEAM Professionals provided a comprehensive roof asset
management survey including but not limited to site
investigations, testing, survery, construction and bidding documents, construction monitoring, and observation and onsite inspection, repair and maintenance training for City staff for a roof replacement at the City of Pomona's Library. BEAM performed this work while coordinating with other teams providing MEP-T services for HVAC replacements.
COMPLETED
Ongoing
OWNER REPRESENTATIVE
Matt Pilarz, P.E.
Principal Civil Engineer
p: 909-620-3652
e: [email protected]
LIBRARY ROOF REPLACEMENT
CITY OF POMONA || POMONA, CALIFORNIA
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 16 BEAM Professionals conducted an assessment of the existing building envelope conditions and current roof system,
anticipated the remaining useful life of the current roof systems, and identified areas needing preventative maintenance, repair, replacement, or rehabilitation. The assessment provided the County with a comprehensive catalog of campus roof systems and conditions to adequately plan for and execute construction projects, and further enhance the effectiveness of roofing and building envelope maintenance programs, minimize
maintenance and repair costs while maximizing planning and forecasting capability concerning current and future building envelope needs.
COMPLETED
2022
OWNER REPRESENTATIVE
Chris Rice
Capital Projects Division Manager
p: 530-666-8115
e: [email protected]
COUNTY-WIDE BUILDING ENVELOPE ASSESSMENT
COUNTY OF YOLO || WOODLAND, CALIFORNIA
Working in concert with the City of Davis, BEAM Professionals and PBK Architects provided a Comprehensive Roof Assessment on four buildings identifying areas in need of preventative maintenance, repair, replacement or modification. The team developed proper construction and bidding documents and performed quality assurance inspections during the course of construction to ensure specification compliance, quality workmanship, and long-term performance of specified roof system.
COMPLETED
2023
OWNER REPRESENTATIVE
Michael Mitchell
Principal Civil Engineer
p: 530-757-5686
e: [email protected]
CITY FACILITIES ROOFING
CITY OF DAVIS || DAVIS, CALIFORNIA
EXPERIENCE AND QUALIFICATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 17 BEAM provided services as a roofing consultant for TREMCO, Inc. on a 185,000 square foot metal building for automobile storage.
This project consisted of the replacement of the metal roofing which included adding a roof hugger system and installing new metal panels over to the existing metal roof panels and system.
COMPLETED
2023
OWNER REPRESENTATIVE
Ryan Tolsma
Senior Field Advisor
Tremco Roofing & Building Maintenance
p: 714.335.4739 cell
e: [email protected]
ROOF REPLACEMENT
ADESA || RIVERSIDE, CALIFORNIA
BEAM Professionals provided design and construction
administration as well as a Comprehensive Roof Assessment for the roof replacement and repair project for the City of Cerritos' Performing Arts Center. The original Performing Arts Center building opened in 1993, and the Owner wanted to eliminate roof leaks in the facility while preserving the design intent and integrity of the facilities.
COMPLETED
2024
OWNER REPRESENTATIVE
Albert Arteaga
Assistant Civil Engineer
p: 562-916-1229
e: [email protected]
CERRITOS PERFORMING ARTS CENTER
CITY OF CERRITOS || CERRITOS, CALIFORNIA
FEE PROPOSAL
06
Provide a not-to-exceed fee proposal, detailed by hours per person/position for each task identified in the scope of work. Rates for all proposed staff and subconsultants shall be included. Indicate whether there are any subconsultant mark-ups. If there are optional tasks, please identify. Include a minimum 10% contingency within the total fee proposal.
FEE PROPOSAL
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 18 Tasks Allocated hours % of Cost Total Cost
Task 1.
Roof Inspection
(kick-off meeting, inspection of roof,
cost estimate, roof condition analysis,
and update meetings)
Director: 4hrs
Engineer: 10hrs
Estimator: 6hrs
Project Manager: 8hrs
Building Envelope Drafter: 0hrs
Project Coordinator: 4hrs
21% $7,040
Task 2.
PS&E Package for The Hall Roof
Replacement
(provide plans and specifications, bid
specification package, cost estimate,
structural calculations, site walks,
kick-off meeting, monthly update
meetings)
Director: 10hrs
Engineer: 15hrs
Estimator: 10hrs
Project Manager: 23hrs
Building Envelope Drafter:
20hrs
Project Coordinator: 12hrs
55% $18,235
Task 3.
Plan Review and Approval Process
(P&S submittal to City, bid RFI’s)
Director: 3hrs
Engineer: 0hrs
Estimator: 0hrs
Project Manager: 4hrs
Building Envelope Drafter: 6hrs
Project Coordinator: 0hrs
8% $2,700
Subtotal $27,975
10% Contingency Fee $2,798
TOTAL FEE $30,773
Director Engineer Estimator Project Manager Building Envelope Drafter
Project
Coordinator
$280/hr $234/hr $170/hr $255/hr $140/hr $130/hr
FEE PROPOSAL
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 19 Optional Task 4.
Quality Assurance - Construction
Administration
(review RFI’s during construction,
review submitt als/ shop drawings,
attend pre-inst all meetings, periodic
quality assurance inspection)
Director: 4hrs
Engineer: 0hrs
Estimator: 0hrs
Project Manager: 13hrs
Building Envelope Drafter: 2hrs
Project Coordinator: 6hrs
16% $5,495
Subtotal $33,470
10% Contingency Fee $3,347
TOTAL FEE $36,817
WORKING ASSUMPTIONS & CLARIFICATIONS
1. BEAM does not assume responsibility or liability for asbestos consulting and/or abatement services, which are the sole responsibility of the Client/Owner. BEAM will assist the City of Norco with required coordination efforts with regard to re-roofing when impacted by asbestos consulting and/or abatement service needs.
2. Upon request, BEAM will provide recommendations for a local, third-party Testing `Lab Consultant to perform IAQ and Mold Testing, Asbestos Surveys, Ground Penetrating Radar, Environmental Studies, and Abatement services, as required.
PROFESSIONAL FEES FOR ADDITIONAL SERVICES
There will be no fees for additional services incurred or billed without prior written authorization from the City of Norco.
Submitted this _____________day of______________________________, 2024 Name of Firm_______________________________________________ By:_________________________________________________________________________ Authorized Signature
Typed or Printed Name_________________________________________________ Title:__________________________________________________________ Gene Kesler
8 July BEAM Professionals
Director of Southern California
EXCEPTIONS AND DEVIATIONS
07
For proposers wishing to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. The selected consultant will be required to enter into a Professional Services Agreement with the City of Norco which includes the City's standard Terms and Conditions including insurance requirements. The City’s standard Professional Services Agreement is included in Exhibit A. If no contractual exceptions are noted, proposers will be deemed to have accepted the contract requirements.
BEAM does not have and exceptions or deviations.
EXCEPTIONS AND DEVIATIONS
BEAM ◼ CITY OF NORCO ◼ RFP #FEMA 2024-001 ◼ JULY 08, 2024 20 Page 90 of 295 BEAM PROFESSIONALS ◼ 8163 ROCHESTER AVENUE ◼ SUITE 100 ◼ RANCHO CUCAMONGA, CA 91730 +1 909 987 0909
BEAMPROF.COM
City Council
STAFF REPORT
Date: September 4, 2024 Agenda Item:
3.F.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Approval of New Joint Use Agreement and Joint Occupancy Agreement between Corona-Norco Unified School District and the City of Norco RECOMMENDATION:
Approve the new Joint Use Agreement and Joint Occupancy Agreement between the Corona-Norco Unified School District (CNUSD) and the City of Norco for the shared use and management of the City Council/School Board Chambers and associated facilities.
SUMMARY:
The previous agreement between the City of Norco, the Corona-Norco Unified School District (CNUSD), the Redevelopment Agency (RDA), and Starr Management is now considered null and void. This is due to the dissolution of both the RDA and Starr Management, as well as the obsolescence of the issues and properties it addressed. To meet current needs and reflect updated circumstances, new agreements are required to govern the joint use of the City Council Chambers, the City Hall parking lots, and the common areas at 2820-2870 Clark Avenue, Norco, California. Additionally, these new agreements will permit CNUSD to install solar arrays in its designated section of the CNUSD parking lot.
BACKGROUND:
In July 2023, CNUSD proposed a revised agreement with the City of Norco to enable the installation of solar panels on a section of the City-owned parking lot designated for CNUSD use. Concurrently, the City requested access to the IT equipment in the CNUSD Board Room/City Council Chambers and sought clear definitions of maintenance responsibilities and parking arrangements. Incorporating additional terms to address the needs of both parties and allowing time for legal review has extended the negotiation process. However, both parties have now agreed to the proposed terms,
which include a 35-year agreement for the management and shared use of these resources.
Joint Use Agreement
This agreement formalizes the shared use of facilities between CNUSD and the City, aiming to reduce costs and enhance community benefits. Key terms include:
City Council Chambers: The City will schedule its Council and commission meetings through the CNUSD Superintendent’s Office. An annual coordination meeting will be held each July to prevent scheduling conflicts. IT System Access: CNUSD will provide the City with a dedicated login and standard user account for IT system access in the Chambers. Training on the audio-visual equipment will be provided, along with a quarterly-updated Wi-Fi access code. Maintenance and repair costs for the audio-visual equipment will be shared equally, and CNUSD will notify the City of any IT disruptions within 24 hours.
Parking Allocation: Parking will be designated for City Hall, shared use, and CNUSD use. The City may utilize the CNUSD-owned gravel lot for overflow parking on a first-come, first-served basis, subject to future development restrictions outlined in Exhibit “B” of the Joint Use Agreement. Facility Maintenance: When the City uses the Chambers on CNUSD holidays and weekends, it is responsible for setup, cleaning, and restroom maintenance, including trash removal, furniture rearrangement, surface cleaning, vacuuming, and restocking supplies. The City will make annual payments for these services, with a maximum increase of 4% per year.
Landscaping and Maintenance: The City will manage the landscaping, maintenance of designated common areas, and City-designated parking lots, while CNUSD will handle maintenance of their parking lot and landscaped areas.
Details of the maintenance responsibilities are provided in Exhibit "C" of the Joint Use Agreement.
Termination and Amendments: To terminate the Agreement, a party must give at least 180 days' written notice. Any changes to the Agreement must be agreed upon in writing through a formal amendment.
Indemnification: Both parties agree to protect each other from claims, legal actions, or damages related to the Agreement, including covering reasonable attorney fees. Each party must list the other as an additional insured on their insurance policies, with their coverage being primary and non-contributory, and include a waiver of subrogation in favor of the other party.
Joint Occupancy and Use of Facilities Licensing Agreement This agreement allows CNUSD to utilize the City-owned parking lot while the solar array ownership is finalized, protecting both parties’ interests during this process. Key terms include:
Shared Use: The agreement facilitates shared use of the school district administration site and is contingent on milestones related to the installation and operation of a solar photovoltaic system by Solar DG CA Corona Norco, LLC. Reciprocal Rights: Both the City and CNUSD will have reciprocal, nonexclusive rights to use each other’s properties , ensuring access and supporting
solar panel installation and maintenance. Neither party may obstruct these areas or solar panel operations without prior approval.
Designer/Builder Licensing: Upon approval, the Designer/Builder will be licensed to use the parcel for installing, maintaining, and operating the solar system, including access to necessary pathways and infrastructure. The Designer/Builder’s rights are limited to fulfilling obligations under the Power Purchase Agreement (PPA) and must not disrupt the City or District’s use of the property. The PPA details are included as Attachment C in the staff report. Maintenance Costs: The City will not cover maintenance costs for the solar system unless damage is due to the City’s negligence. In cases where the solar system causes damage, CNUSD will seek reimbursement from the Designer/Builder to compensate the City.
Termination and Amendments: The agreement can be terminated with 180 days' notice, provided it does not breach any PPA obligations. Amendments to the agreement must be mutually agreed upon in writing, with Designer/Builder consent required for changes affecting PPA rights.
Indemnification: Both parties agree to indemnify each other and the Designer/Builder from claims related to the shared area, except in cases of negligence or willful misconduct. The agreement binds the parties, their successors, and assigns, with the Designer/Builder as a third-party beneficiary for PPA-related matters.
Approval of both agreements by the City Council is recommended as they provide mutual benefits and establish clear guidelines for the maintenance and use of shared facilities.
FISCAL IMPACT:
The updated agreements will introduce custodial fees of $50.00 per hour for weekend and holiday use of the facilities, if such services are needed.
Additionally, repair and maintenance costs for the existing audio-visual equipment will be equally shared between the City of Norco and the Corona-Norco Unified School District. Since these fees and repair costs are contingent upon actual need, they are currently not included in our operating budget. If repairs are needed, staff will determine at that time if a budget appropriation is needed.
The solar panel installation will be fully funded and maintained by the Corona-Norco Unified School District, resulting in no financial impact on the City of Norco.
RELATIONSHIP TO STRATEGIC PLAN:
This item closely aligns 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 as to Form: Harper and Burns, LLP, City Attorney
ATTACHMENT(S):
Attachment A_2024_Joint Use Agreement
Attachment B_2024_Joint Occupancy Agreement
Attachment C_Power Puchase Agreement for Solar Facilities- Fully Executed Attachment D_Existing_1992_Disposition, Development and Shared Use Public Facilities Agreement
Solar Arrays Site Plan _Norco District Office
1 SCHOOL BOARD / CITY COUNCIL CHAMBERS AND ASSOCIATED
PARKING LOTS JOINT USE AGREEMENT BETWEEN
CORONA-NORCO UNIFIED SCHOOL DISTRICT AND CITY OF NORCO
This Agreement is made and entered into on September 4, 2024, by and between the City of Norco (hereinafter “CITY”) and the Corona-Norco Unified School District (hereinafter “DISTRICT”), (individually, the “Party’, or jointly the “Parties”), as follows:
RECITALS
1. The Parties desire to enter into an agreement setting forth the Parties’ respective rights and obligations concerning the Parties’ joint use of the City Council / School Board Chambers (the “Chambers”) and related parking lots that are located at 2820-2870 Clark Avenue, Norco, California (APN-129-240-006) and (APN-129-251-006) as described in Exhibit “A.”
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
A. CITY shall schedule the use of the Chambers through the DISTRICTs Superintendents Office for the CITY to conduct their meetings including, but not limited to, City Council, Parks and Recreation Commission, Measure R, Planning Commission, and Streets and Trails Commission meetings. Such use shall also include restrooms and adjacent areas for access. The Parties agree to meet each July to coordinate the projected uses of the Chambers to eliminate, to the extent possible, any conflict with the other Party’s projected uses of the Chambers. DISTRICT shall provide the CITY with five (5) access key fobs.
B. DISTRICT agrees to provide the following IT support to the CITY to assist them with meetings held in the Chambers.
a. CITY will have its own Log-in.
b. CITY will be provided with a standard user account.
c. DISTRICT will provide CITY with the needed training to operate all audio-visual equipment to enable CITY to live-stream their meetings. d. As needed, DISTRICT will provide CITY with a Wi-Fi access code that will change quarterly.
e. DISTRICT and CITY agree to split the costs 50/50 for repairs to the existing audio-visual equipment needed in the Chambers.
f. DISTRICT will notify CITY of any disruptions related to IT equipment and/or WiFi within 24 hours.
C. The parking lots described in Exhibit “B” will be designated for City Hall Use, Shared Parking, and DISTRICT Parking unless otherwise designated for DISTRICT or CITY Officials (Board/Council Members). CITY may use the gravel lot owned by DISTRICT for City Hall overflow parking on a first come, first served basis. The use of the overflow parking lot may be limited or discontinued for CITY use when future DISTRICT development occurs.
D. CITY, when scheduling the use of the Chambers on holidays and weekends, will notify the DISTRICT ahead of time and the DISTRICT shall be responsible for setting up,
2 cleaning and maintaining the Chambers, restroom facilities, and parking lot areas used by CITY.
The term “cleaning” as used in this paragraph shall include after weekend/holiday use of the Chambers the removal of all trash from the Chambers, repositioning any furniture that may have been moved, wiping down surfaces, vacuuming, and restocking any restroom supplies used.
The CITY shall coordinate payment of the “cleaning” on a yearly basis and agrees to pay custodial fees of $50.00 per hour, with a four-hour minimum, for any use on a weekend and holiday (if needed) to the DISTRICT for these services. The DISTRICT shall ensure that the Chambers are clean and set up before scheduled CITY use.
E. CITY shall be responsible for the maintenance of landscaping of the common areas, and the parking lot as described in Exhibit “C.” DISTRICT shall be responsible for all other maintenance and improvements. Improvements to the parking lot will require approval from the CITY. Notwithstanding the foregoing, CITY’s approval shall not be required for those improvements contemplated by that certain Agreement for the Joint Occupancy and Use of Facilities and License Agreement [of even date herewith] including, without limitation, Designer/Builder’s PV System (as defined therein), which improvements are expressly deemed approved.
F. DISTRICT shall be responsible for maintaining all parking lot lighting as described in Exhibit “A.”
G. The term of this Agreement shall be for thirty-five (35) years, commencing on __________, 20241 which date shall be co-terminus with the commencement date of that certain Agreement For The Joint Occupancy And Use Of Facilities And License Agreement between DISTRICT and CITY. If either Party wishes to terminate this Agreement, the terminating Party shall provide not less than a 180-day minimum written notice to the other Party. All requested changes to the terms of this Agreement shall be mutually agreed upon in writing as evidenced by a fully executed amendment to this Agreement.
H. The Parties jointly agree to indemnify, defend, and hold harmless the other Party for claims, litigation, or damages, including reasonable attorney fees, resulting from the respective Parties’ performance of this Agreement. Each Party shall name the other Party as an additional insured on their respective insurance policies, which shall be primary and non-contributory with a waiver of subrogation in favor of the other Party.
Dated: _____________________ “CITY OF NORCO”
By: ___________________________
Its: Mayor
Dated: _____________________ “CORONA-NORCO UNIFIED SCHOOL DISTRICT”
By: ____________________________
Its: Superintendent
3 Exhibit “A”
4 Exhibit “B”
5 Exhibit “C”
1 RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
[_________]
[_________]
[_________]
[_________]
APN(s): 129-240-006, 129-240-007
AGREEMENT FOR THE JOINT OCCUPANCY
AND USE OF FACILITIES AND LICENSE AGREEMENT1
Between
CORONA-NORCO SCHOOL DISTRICT
And
CITY OF NORCO
2 This AGREEMENT FOR THE JOINT OCCUPANCY AND USE OF FACILITIES AND LICENSE AGREEMENT (the “Agreement”) is made and entered into as of September 4, 2024 (“Effective Date”) by and between the Corona-Norco Unified School District (“District”) and the City of Norco (“City”), together referred to as “Parties” and individually, “Party.”
RECITALS
WHEREAS, on or about December 19, 1991, the Parties, together with the Norco Redevelopment Agency and Starr Management Corporation, entered into a certain “Disposition, Development and Shared Use Public Facilities Agreement” (the “Development Agreement”), the primary purpose of which was to provide for the acquisition, development and shared use of a municipal civic center, located at 3900 Acacia Avenue Norco, CA 92860 (“City Parcel”) and a school district administration site, located at 2820 Clark Avenue Norco, CA 92860 (“District Parcel”) (together, the “Parcels”), as more particularly depicted in Exhibit A-1 and described in Exhibit A-2 attached hereto and incorporated herein by this reference; and WHEREAS, when entering into the Development Agreement, the Parties concurrently entered into a certain “Reciprocal Access and Easement Agreement” (the “Joint Occupancy Agreement”) to implement the primary purpose of the Development Agreement by granting joint occupancy and use of the City Parcel and District Parcel for parking, access, and use of a public meeting room; and
WHEREAS, the term of the Joint Occupancy Agreement expired by its terms on February 5, 2022; and
WHEREAS, District and City wish to reestablish the joint occupancy and use between the Parcels with this Agreement that grants the Parties continued joint occupancy and use of their Parcels for parking, access, and use of a public meeting room, and additionally, for the installation of solar panels; and WHEREAS, Education Code section 35160 authorizes the governing board of District to carry out any program, activity or otherwise act in any manner which is not preempted by law, in conflict with, or inconsistent with the purposes for which school districts are established; and
WHEREAS, District entered into a Power Purchase Agreement as of December 31, 2021 (as amended, the “PPA”) with Solar DG CA Corona Norco, LLC (hereinafter referred to as “Designer/Builder”), for the installation and maintenance of a District-Wide Solar Photovoltaic (PV) system, including, but not limited to, carport solar shade structures on those portions of the Parcels being used for parking, together with a right of interconnection and use of the Pathways (defined below) on the Parcels (collectively, “Designer/Builder’s PV System”) ; and
3 WHEREAS, District and City desire to enter into this Agreement for a term (the “Term”) commencing on the Effective Date and ending on the date that is thirty-five (35) years following the date in which all of the following shall have occurred (the “Initial Term”): (i) the Permission to Operate Letter or similar document is issued by the California Public Utilities Commission (“CPUC”) for Designer/Builder’s PV System, (ii) all Systems (as defined in the PPA) at each Site (as defined in the PPA) are under an approved and executed Utility Interconnection Agreement (as defined in the PPA) or similar document with the Utility (as defined in the PPA), and (iii) Designer/Builder has provided written notice to District of the Commercial Operation Date (as defined in the PPA) of all of the Systems (as defined in the PPA); and WHEREAS, in connection with the foregoing, Designer/Builder desires a license from City on, under and over the City Parcel in order to install, construct, own, remove, operate and maintain the Systems in furtherance of Designer/Builder’s obligations under the PPA and City is willing to grant such license to Designer/Builder pursuant to the terms set forth herein.
WHEREAS, District and City wish to provide the greatest use of public facilities at the least cost to either public entity through this Agreement.
NOW THEREFORE, in consideration of the above Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. In order to accomplish the foregoing, District and City grant each other nonexclusive, reciprocal joint occupancy and use of the Parcels for the common benefit of City, District and Designer/Builder. Joint occupancy and use will be for the maintenance of the public meeting room; the promotion of the free flow of pedestrian and vehicular access, ingress, egress, and travel to and from the District Parcel and the City Parcel, as more specifically described herein; and the installation, maintenance and unobstructed operation of Designer/Builder’s PV System within the Joint Occupancy Area only to the extent necessary to fulfill Designer/Builder’s PV System’s obligation under the Power Purchase Agreement.
2. Heirs and Assigns. All references in this Agreement to City or District shall include their respective heirs, successors, and assigns.
3. Creation and Description of Joint Occupancy.
a. Grant. District and City hereby grant to each other a non-exclusive, reciprocal joint access and occupancy over the respective portions of their Parcels as depicted on Exhibit B attached hereto and incorporated herein by this reference (the “Joint Occupancy Area”) for the uses and subject to the restrictions set forth in this Agreement.
4 b. Character. Each Parcel is both benefited and burdened by the Joint Occupancy Area and associated rights created hereby. This Agreement is not intended to and shall not grant a fee interest in either Parcel or, except for with respect to Section 4 below, be a mere license. c. Use. District and City and their tenants, licensees and permitees and their respective affiliates, agents, employees and contractors may use the Joint Occupancy Area for:
i. the maintenance and repair of the [Public Meeting Room]2 located as indicated on Exhibit B;
ii. the free flow of pedestrian and vehicular access, ingress, egress, and travel to and from the District Parcel and the City Parcel, together with parking on the Joint Occupancy Area within striped parking spaces; and
iii. installation, construction, use, maintenance, and repair of Designer/Builder’s PV System.
d. Restrictions. No wall, barrier, building, fence, or other impediment upon the City Parcel or the District Parcel which would hinder or impair the use of or access to the Joint Occupancy Area by City or District shall be erected without first obtaining the written permission of District and City.
Moreover, no conduct or activity in the Joint Occupancy Area that would otherwise cause or permit any activity to exist that will impede or impair the use of or access to the Joint Occupancy Area will occur without first obtaining the written permission of District and City. As set forth in the PPA, City and District each understand that unobstructed access to sunlight (“Insolation”) for Designer/Builder’s PV System is essential for its operation. City and District shall not in any way cause and, where possible, shall not in any way permit any interference with Designer/Builder’s PV System’s Insolation.
e. Interruption of Use. District and City acknowledge that substantially uninterrupted use of the Joint Occupancy Area (with the exception of the public meeting room for which a schedule will be prepared no less frequently than every quarter) by the Parties entitled to use same is contemplated by this Agreement. Accordingly, neither District nor City shall cause or permit the use by any person or entity of all or part of the Joint Occupancy Area which exists on such Parcel to be interrupted or impaired unless such interruption or impairment cannot reasonably be avoided and, in such case, shall take all reasonable action to minimize the extent and duration hereof. Notwithstanding the foregoing, and except in such cases where prior notice is impractical by reason of an unexpected
5 occurrence, neither District nor City shall cause or permit interruption or impairment of use by any person or entity of all or part of the Joint Occupancy Area which exists on such Party’s Parcel to be interrupted or impaired unless reasonable prior notice has been given to the other Party. f. Consent; Ownership of PV System. District and City hereby consent to the recording of this Agreement, and acknowledge and agree that Designer/Builder’s PV System shall at all times remain the personal property of Designer/Builder and its affiliates, as applicable, and shall not be deemed to be a part of, or fixture to, the Parcels. District and City have no ownership, lien, security or other interest (including any lien that might otherwise be implied by law in Designer/Builder’s PV System, or in any profits or income derived therefrom).
g. Cooperation; Non-Interference. District and City agree to reasonably cooperate with Designer/Builder and its affiliates, as applicable, at no cost to District or City, with Designer Builder’s permitting, installation, operation, Insolation, maintenance, repair, replacement and other use of Designer/Builder’s PV System. District and City shall use commercially reasonable efforts to minimize any material adverse impact on the Designer/Builder’s PV System or Designer/Builder’s rights hereunder and under the PPA.
4. License in Favor of Designer/Builder.
a. Without limiting any of the other provisions of this Agreement, City hereby grants to Designer/Builder and to Designer/Builder’s agents, employees, contractors and assignees, a non-exclusive license (the “City License”) running with the City Parcel for access to, on, over, under and across the City Parcel for the purposes of:
i. Installing, constructing, operating, owning, maintaining, accessing, removing and replacing the Designer/Builder’s PV System, to the extend necessary to fulfill Designer/Builder’s obligations under the PPA;
ii. Performing all of Designer/Builder’s obligations and enforcing all of Designer/Builder’s rights set forth in the PPA and hereunder, including, the operations and maintenance services during the term of the O&M Agreement (as defined in the PPA), with actions limited to those essential for compliance under the PPA; and
iii. Installing, using and maintaining electric lines and equipment, including inverters and meters necessary to interconnect the Designer/Builder’s PV System to City’s or District’s electric system at the Parcels, to the Utility’s (as defined in the PPA) electric distribution system, if any, only as required for the construction,
6 installation, operation, maintenance or repair of the Designer/Builder’s PV System related to the obligations under the PPA.
b. The City License shall include the right for Designer/Builder and its affiliates, agents, employees and contractors, to use the City Parcel, including, without limitation, the Joint Occupancy Area, solely for the installation, construction, operation, Insolation, maintenance, repair, replacement and other use of Designer/Builder’s PV System, all in accordance with and as set forth in the PPA. Without limiting the foregoing, City acknowledges and agrees that Designer/Builder shall have the right to use the pathways, shafts, risers, raceways, conduits, available connections and entries into and through the City Parcel (the “Pathways”), which Pathways shall be used by Designer/Builder for the purposes of (i) connecting the Designer Builder’s PV System as provided under the PPA and as set forth herein, (ii) providing electricity generated by the Designer Builder’s PV System as provided under the PPA; and (iii) the housing and maintenance of all metering and related equipment which is part of the Designer Builder’s PV System and which Designer/Builder provides to comply with its obligations under the PPA. The Parties hereby agrees that the Parties’ rights hereunder are subject to Design/Builder’s rights hereunder and under the PPA. The Parties hereby confirm that Design/Builder’s rights and obligations set forth herein are strictly confined to those necessary to fulfill its obligations under the PPA. Furthermore, these rights shall not materially interfere with the conduct of Parties’ rights hereunder or the conduct of each Party’s business at the Parcels.
5. Maintenance, Repair, and Replacement. The Joint Occupancy Area shall be maintained, repaired, and replaced in a safe and sanitary condition (“Maintenance”) by both Parties. Parties agree that given the shared use of the Parcels, splitting the cost of maintaining the parking, landscape, building exteriors, and the public meeting room based on the relative use levels attributed to each Party is the most economical and consistent approach to maintaining both parcels in a safe, sanitary, and aesthetically pleasing condition. In no event shall City be responsible for the cost of Maintenance of Designer/Builder’s PV System, except to the extent such maintenance is required as a result of the negligence or intentional act or omission of City, its employees, agents, consultants, contractors, or invitees. Furhermore,, the Parties agree that if any damage to the Joint Occupancy Area is caused by the Designer/Builder, the District shall seek reimbursement from Designer/Builder.
a. Parties shall enter into an “Operations, Shared Use, and Maintenance Agreement,” attached hereto as Exhibit C and incorporated herein by this reference, detailing their responsibilities and attached hereto and incorporated herein by reference.
7 b. Paying for Maintenance. Except for Designer/Builder’s PV System, each Party shall have the duty to perform and pay for all of the Maintenance, regardless of whether the other Party refuses or fails to perform or pay for the Maintenance, and whether or not the Maintenance is covered by any insurance. In the event that one Party performs or causes to be performed the Maintenance, the non-performing Party shall pay to the performing Party within ten (10) days of receipt of written notice from the performing Party half of all costs and expenses incurred by the performing Party in performing or causing to be performed the Maintenance, including, but not limited to, actual attorneys’ fees incurred in collecting such costs and expenses.
6. Termination. If either Party wishes to terminate this Agreement, the terminating Party shall provide not less than one hundred eighty (180) days’ written notice to the other Party. The Parties acknowledge that a termination shall be conducted in a manner that does not breach the obligations under the PPA.
Any changes to this Agreement shall be mutually agreed upon in writing and formalized through a fully executed amendment to this Agreement.
7. Defaults. Failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with diligence.
8. Indemnification. Neither Party nor Designer/Builder shall be liable for any loss, damage or injury of any kind or character to any person or property arising from the entry on or use of the Joint Occupancy Area or any part thereof by the other Party’s or Designer/Builder’s, as applicable, employees, agents, consultants, contractors, or invitees. The Parties shall protect, indemnify, defend, and hold harmless the other Party, Designer/Builder, as applicable, and their respective officers, employees, representatives, and agents (collectively, the “Indemnified Parties” and each an “Indemnified Party”) from and against any and all claims, actions, damages, liabilities, and expenses (including without limitation, reasonable attorneys’ fees, expert witness fees, court costs and expenses, all fines, charges, penalties and consultants’ fees, and all cleanup, removal, remedial and abatement costs) in connection with any loss of life, personal injury, and/or damage to the Joint Occupancy Area (collectively, the “Claims”) arising from or out of (i) any occurrence on, at, or about the Joint Occupancy Area, (ii) the entry, grading activity, construction activity, occupancy or use by such Party of the Joint Occupancy Area or any part thereof, or (iii) any default by such Party under this Agreement. The Designer/Builder’s activities shall be subject to indemnification through the provisions established under the PPA. The indemnity obligations in this Section shall not apply to the extent the Claims are caused by the negligent
8 or willful acts or omissions of an Indemnified Party. The indemnity obligations in this Section shall survive any termination of the Agreement.
9. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall inure to the benefit of District and City, the Parcels, and the respective heirs, successors, and assigns of District and City. This Agreement shall further inure to the benefit of Designer/Builder and its respective heirs, successors, and assigns, as applicable. Designer/Builder is a third-party beneficiary to this Agreement solely with respect to the provisions necessary to fulfill its obligations under the PPA. Designer/Builder may enforce the provisions hereof as if it were a party hereto, but only to enforce the provisions related to the PPA.
10. Notices. All notices or demands to be given under this Agreement by either Party to the other, shall be in writing and given by one or more of the following: (a) personal service, (b) email (with confirmation of receipt), (c) facsimile (with confirmation of receipt), or (d) U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid.
Service shall be considered given when received if personally served, or if mailed on the third day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed or written notice given in accordance with the provisions of this Section. As of the date of this Agreement, the addresses of the parties are as follows:
DISTRICT: CITY:
Corona-Norco Unified School District City of Norco
2820 Clark Ave
Norco, CA 92860
2870 Clark Ave
Norco, CA 92860
Attn: Ms. Monica Raygoza
Tele: 951-736-5050
Facsimile: 951-736-7199
Email(preferred):
[email protected]
DESIGNER/BUILDER:
Solar DG CA Corona Norco, LLC
c/o Luminace
200 Liberty Street, 14th Floor
New York, NY 10281
Attn.: COO
with a copy to:
Solar DG CA Corona Norco, LLC
c/o Luminace
111 S. Calvert St., Suite 1500
Baltimore, MD 21202
Attn.: Legal Counsel
Tele: 410-294-8041
Email: [email protected]
Attn: Mrs. Lisette Free
Tele: (951) 270-5652
Email: [email protected]
9 11. Amendments to this Agreement. The Parties agree to mutually consider reasonable requests for amendments to this Agreement provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. Notwithstanding the foregoing, the prior written consent of Designer/Builder shall only be required for amendments that directly affect Designer/Builder’s rights and obligations under the PPA. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereof, and in each such instance executed on behalf of each party hereto.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes any and all prior or contemporaneous oral or written Agreements. If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired, or invalidated in any way. This Agreement may be signed in counterparts, each of which is deemed to be an originally.
13. Severability. If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.
14. Interpretations; Applicable Law; Venue. This Agreement is the result of negotiations between the parties hereto and shall be construed according to its fair meaning. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. This Agreement shall be governed and construed by the law of the State of California regardless of any conflicts of laws or rules that would require the application of the laws of another jurisdiction. Venue shall be in Riverside County, California.
15. Waiver. No delay or omission by either Party in exercising any right or remedy accruing upon the compliance or failure of performance by the other Party shall impair any such right or remedy, or be construed to be a waiver thereof.
A waiver by either Party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.
16. Waiver of Consequential Damages. Notwithstanding anything to the contrary contained herein, neither City, District nor Designer/Builder shall be liable hereunder for lost profits, incidental, punitive, special or consequential damages, it being agreed that all damages incurred hereunder shall be limited to actual, direct damages.
10 17. Non-Discrimination. As required by the Development Agreement, there shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the use, occupancy, tenure or enjoyment of the Joint Occupancy Area, nor shall the Parties or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the Joint Occupancy Area.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above.
Corona-Norco Unified School District
By:
Name:
Title:
11 City of Norco
By:
Name:
Title:
12 Acknowledged and Agreed:
Solar DG CA Corona Norco, LLC
By:
Name:
Title:
13 EXHIBIT A-1
Site Map of Parcels
14 EXHIBIT A-2
Description of Parcels
Parcel “1” – City Parcel
PARCEL 1 OF PARCEL MAP NO. 25989, IN THE CITY OF NORCO, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 169, PAGES 58 AND 59 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Parcel “2” – District Parcel
PARCEL 2 OF PARCEL MAP NO. 25989, IN THE CITY OF NORCO, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 169, PAGES 58 AND 59 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
15 EXHIBIT B
Joint Occupancy Area Depicted
16 Exterior/Interior Joint Occupancy Area Shaded
17 EXHIBIT C
Operations, Shared Use, and Maintenance Agreement
[To Be Inserted Once Negotiated]
January 19 22
Dalia GadElMawla
Asst. Supt. Business Services
2820 Clark Ave., Norco, CA 92860
951-736-5050
[email protected]
by and among the
NORCO REDEVELOPMENT AGENCY
THE CITY OF NORCO,
THE CORONA-NORCO UNIFIED SCHOOL DISTRICT,
STARR MANAGEMENT CORPORATION,
OWNER
and
DISTRICT,
CITY,
AGENCY ,
DISPOSITION, DEVELOPMENT AND SHARED USE
PUBLIC FACILITIES AGREEMENT
PARCEL "B" (DIS TRICT PARCEL)
Parcels 1 and 2 of Parcel Map 25989, as recorded in Parcel Map Book 169, Pages 58 and 59, Records of Riverside County EXCEPTING therefrom the northerly 259 10 feet of Parcel 1.
The north line of said northerly 259.10 feet being 30 feet southerly and parallel with the center line of Fourth Street.
ATTACIMENTN0. 7
12/19/91
BGOlu/2179/
LEGALDESCRIPTIONOF THE PROPERT ‘
EXHIBIT "A”
The Redeve lopment P 1 an
The Site
§1001
[§101]
§1021
5103]
§1041
SUBJECT OF AGREEMENT
Purpose of Agreement
Parties to the Agreement
The Agency
The District
[5105
[§106
[§1o7
[5108
[§109 Representations and Warranties of the
Parties
§110] Relationship Between the Parties
§200] ACQUISITION AND DISPOSITION OF THE SITE
5201] Acquisition of the Site
§202] Retention of Housing Parcel; Lease of City
Parcel; Disposition of District Parcel
§203 Acquisition and Disposition Escrow
Title Insurance for the Conveyance
§2o41
5205]
szos]
[§207]
[§208]
[
Conveyance of Title
Form of Deed for the Conveyance
Condition of Title for the Conveyance
Time for and Place of Delivery of Documents
5209] Condition of the Site
(i)
II
The Owner
The City
TABLE OF CONTENTS
§300] DEVELOPMENT OF THE SITE
§301] Development of the Site by the District and
City
§302 Scope of Development
5303 Site Plan
§304] Cost of Construction
§305 Construction Schedule
§306 Anti discrimination During Construction
5400] USE OF THE CITY PARCEL AND DISTRICT PARCEL
[§401l
§4021
§500 GENERAL PROVI S I ONS
§501 Notices, Demands and Communications Between
the Parties
5502 Conflicts of Interest; Nonliability of
Officials and Employees
5503 Enforced Delay; Extension of Times of
Performance
§600] DEFAULTS AND REMEDIES
§601] Defaults
§602] Legal Actions
[5603] Institution of Legal Actions
§6041 Applicable Law
§605] Acceptance of Service of Process
C. §606] Rights and Remedies Are Cumulative
§607] Inaction Not a Waiver of Default
§608 Specific Performance
ii
-- General
VI
Maintenance
Uses
III
SPECIAL PROVI SIONS
Real Estate Commissions
Successors In Interest
Amendments to this Agreement
[§700]
§7011
[§7oz]
[§703]
§7041 Attorney Fees
VIII [§800] ENTIRE AGREEMENT WAIVERS
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
\IO‘UIDFUNNl-‘HD! p
ATTACHMENTS
Site Map
Proposed Site Map
Legal Descriptions
Proposed Legal Descriptions
Schedule of Performance
Amended Pass Through Agreement
Reciprocal Access and Easement Agreement
Owner Grant Deed
Agency Grant Deed
(iii
VII
THIS AGREEMENT is entered into by and between the
Norco Redevelopment Agency, a public body, corporate and politic, (the "Agency"), the City of Norco, a municipal corporation (the "City"), the Corona-Norco Unified School District, a public district, corporate and politic (the "District") and Starr Management Corporation, a Delaware corporation (the "Owner"). The Agency, the City, the District and Owner hereby agree as follows:
I. [§100] SUBJECT or AGREEMENT
A. [5101]
The purpose of this Agreement is to effectuate the
Redevelopment Plan (as hereinafter defined) for the Norco Redevelopment Project Area No. 1 (the "Project") by providing for the acquisition, disposition and development of certain property situated within and without the Project Area (the "Project Area") of the Project. The primary purpose of the Project to be developed, pursuant to this Agreement, is to provide for the acquisition, development and shared use of a municipal civic center and a school district administration site (the "Site"). A secondary purpose includes the purchase of property by the Agency for future low to moderate senior housing (the "Housing Parcel"). This Agreement is entered into for the purpose of developing the Site and providing for necessary public improvements and not for speculation in land holding. Completing the development and the shared use of the Site pursuant to this Agreement, is in the vital and best interest of the City and the health, safety and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local laws and requirements under which the Project Area has been undertaken.
B. [5102]
The Redevelopment Plan was approved and adopted by the
City Council of the City of Norco by Ordinance No. 434, as amended by Ordinance Nos. 502 and 537; said ordinances and the Redevelopment Plan as so approved and amended (the "Redevelopment Plan") are incorporated herein by reference c. [5103]
The Site is that portion of the Project Area
designated on the Site Map (Attachment No. 1) and described in The Site
The Redevelogment Plan
Purgose of Agreement
DISPOSITION, DEVELOPMENT AND
SHARED USE PUBLIC FACILITIES
AGREEMENT
the "Legal Description", which is attached hereto as Attachment No. 2 and is incorporated herein by reference. The Site is currently comprised of three parcels. One parcel is developed with a structure that is composed of three separate building pods connected by enclosed hallways (the "Developed Parcel"). The remaining two parcels are undeveloped (the "Undeveloped Parcels"). Collectively, the Developed Parcel and the
Undeveloped Parcels constitute the Site. The Site is currently owned by Starr Management Corporation, a Delaware corporation (the "Owner").
D. [§104]
The Agency, the City, the District and the Owner, as
specifically described below shall be collectively referred to as "Parties" or "Party" as appropriate.
1. [§105]
The Agency is a public body, corporate and
politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall, 3954 Old Hamner Avenue, Norco, California 91760. "Agency", as used in this Agreement, includes the
Norco Redevelopment Agency, and any assignee of or successor to its rights, powers and responsibilities.
2. [§106]
The City is a municipal corporation, exercising
governmental functions and powers and organized and existing as a general law municipality under the laws of the State of California. The address of the City is 3954 Old Hamner Avenue, Norco, California 91760. "City", as used in this Agreement, includes the
City of Norco, and any assignee of or successor to its rights, powers and responsibilities.
3. [§1o7]
The District is a public body, corporate and
politic, exercising governmental functions and powers and organized and existing under the laws of the State of
California. The principal office and address of the District is 300 Buena Vista Avenue, Corona, California 91720. "District", as used in this Agreement, includes
the Corona-Norco Unified School District, and any assignee of or successor to its rights, powers and responsibilities. 01/13/92
8601u/2179/053
The District
The Ci t!
The Agency
Parties to the Agreement
§108]
The Owner is Starr Management Corporation, a
Delaware corporation, whose principal office and address is 2550 Huntington Avenue, Alexandria, Virginia 22303.
5. [5109]
The Parties, to the best of their individual
knowledge, represents and warrants to each other as follows:
i. The Parties have duly authorized, executed
and delivered this Agreement and any and all other
agreements and documents required to be executed and
delivered by each Party in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement.
ii. No Party has any material contingent obligations or any material contractual agreements which could materially adversely affect the ability of the Party to carry out its obligations hereunder.
iii. There are no known material pending or, so
far as is known to each Party, threatened, legal
proceedings to which the Party is or may be made a Party or to which any of its property is or may become subject, which has not been fully disclosed in the material submitted to the other Parties which could materially
adversely affect the ability of the Party to carry out its obligations hereunder.
iv. There is no action or proceeding pending or,
to each Party's best knowledge, threatened, looking toward the dissolution or liquidation of the Party, and there is no action or proceeding pending or, to each Party's best knowledge, threatened by or against each Party which could affect the validity and enforceability of the terms of this Agreement, or materially and adversely affect the ability of each Party to carry out each of their obligations
hereunder.
Each Party has performed all of its
obligations to be performed at or prior to the date of its Execution of the Agreement in accordance with the Schedule of Performance and is not in default hereunder.
Each of the foregoing items 1 to v, inclusive
shall be deemed to be an ongoing representation and warranty Each Party shall advise other Parties in writing if there is 01/13/92
8601u/2179/053
Regresentations and Warranties of the
Parties
The Owner
any change pertaining to any matters set forth or referenced the foregoing items 1 to v, inclusive.
6. [5110]
II.
It is hereby acknowledged that the relationship
between the Parties is not that of a partnership nor a joint venture and that none of the parties shall not be deemed or construed for any purpose to be the agent of the other. §200 ACQUISITION AND DISPOSITION OF THE SITE
§201
Upon all the terms and conditions contained herein,
the Agency agrees to purchase the Site from Owner and Owner agrees to sell the Site pursuant to the Schedule of
Performance, attached hereto as "Attachment No. 3" and
incorporated herein by this reference.
1. Purchase Price. The Purchase Price for the Site
shall be equal to the sum of Six Million One Hundred and Seventy-Seven Thousand and Sixty Dollars ($6,177,060) cash payable at close of escrow. The sources of the Purchase Price shall be as follows:
(1) Three Million Six Hundred Forty-One Thousand Nine
Hundred Twenty-Eight Dollars ($3,641,928) contributed by the District from net proceeds of Zero Coupon Tax Allocation Bonds secured by pledge of District pass through funds and advances as necessary from an Agency Subordinated Tax Allocation Bond as provided in the Amended Pass Through Agreement attached hereto as "Attachment No. 4" and incorporated herein by this
reference; the District contribution shall be solely in the form of the pledge of District pass through funds or other advances from the Agency. In no event shall District be liable for any contribution or expense other than the commitment of pass through funds as specified in the Amended Pass Through Agreement (Attachment No. 4);
(ii) One Million Thirty-Four Thousand Four Hundred and
Ninety Dollars ($1,034,490) contributed by the Agency from a Subordinated Tax Allocation Bond secured by pledge of Agency tax increment funds; and
(iii) One Million Five Hundred Thousand and Six Hundred Forty-Two Dollars ($1,500,642) from the Agency's twenty percent (20%) set aside funds ("Set Aside Funds") established pursuant to Health and Safety Code Section 33334.2.
Escrow and costs for the acquisition shall be
provided in Section below
01/13/92
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203
as
Acggisition of the Site
Relationship Between the Parties
2 Subdivision and Lot Merger of Site. Prior to the
acquisition, all engineering surveys and necessary approvals to record new record of survey lines subdividing the Developed Parcel shall be processed by the City which are necessary in order to create two parcels (the "City Parcel" and the
"District Parcel"). In addition, all approvals shall be processed necessary to include in the new record of survey lines the merger of the adjacent Undeveloped Parcel (2.8 acres) with the District Parcel (as indicated in the Proposed Site Map illustrated in Attachment 1A). The proposed legal descriptions for the reconfigured parcels are attached hereto as "Attachment No. 2A" and incorporated herein by this reference. The
subdivision and lot merger shall be prepared but not recorded until immediately following the transfer of title to the Site to the Agency.
B. 5202
1. Retention of Housing Parcel. Agency shall retain
title to the Housing Parcel purchased with the Set Aside Funds for development at a later time.
2. Lease of City Parcel. Agency shall lease the
City Parcel to the City for a period of twenty (20) years at a rent equal to that portion of the City development fees established pursuant to Ordinance No. 618 allocated to the provision of a City civic center site. At any time during the lease period the City shall have the option to purchase the City Parcel for the sum of One Dollar ($1.00).
3. Disposition of District Parcel. Subject to the
terms and conditions of this Agreement, the Agency agrees to sell and the District agrees to purchase the District Parcel pursuant to the following terms and conditions:
a. The District Parcel purchase price shall be
equal to Three Million Six Hundred Forty-One Thousand Nine Hundred Twenty-Eight Dollars ($3,641,928). District receives a credit toward the purchase price in the amount of Three Million Six Hundred Forty-One Thousand Nine Hundred Twenty-Eight Dollars ($3,641,928) which amount equals the amount advanced to Agency towards the purchase of the portions of the Developed Parcel and the Undeveloped Parcel subject to the lot merger adjustment in subparagraph A.2. above.
b. District pledges pass through funds pursuant
to the Amended Pass Through Agreement (Attachment No. 4) to the Agency to repay debt service on the Zero Coupon Bonds,
repayment of any additional funds advanced by the Agency towards the District's share in the purchase price of the District Parcel pursuant to the Amended Pass Through Agreement provisions (Attachment No. 4)
01/13/92
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Retention of Housianarcel; Lease of Citx
Parcel; Disposition of District Parcel
c. Reciprocal Access and Easement Agreement.
The Agency and the District shall execute a reciprocal access and easement agreement (the "Basement Agreement") attached hereto as "Attachment No. 5" and incorporated herein by this reference governing the right of each Party to reciprocal access between the District Parcel and the City Parcel for parking and pedestrian access and use. In addition, the City Parcel shall have the right of access and use to the area of the improved building on the District Parcel designated as the "Public Meeting Room" as illustrated on the Proposed Site Map (Attachment No. 1A). The shared use of the Public Meeting Room shall be governed as agreed between the Parties pursuant to a master schedule but in any event the City shall have priority for all Mondays, Wednesdays and one Thursday of each month, and the District shall have priority for all Tuesdays and the remaining Thursdays of each month. City shall also have preference for use of the Public Meeting Room as compared to other non-District organizations including other nonprofit organizations. In addition, the City shall have the right of access and use during daytime hours for a minimum of ten (10) days on an annual basis to be scheduled in advance to the area of the improved building on the District Parcel designated as the "Conference Room". The Easement Agreement shall be
recorded immediately following the transfer of title to the District Parcel from the Agency to the District.
d. Maintenance Agreement. The District, Agency
and City agree that given the nature of the shared use of the City Parcel and the District Parcel that sharing of maintenance costs of both parcels including, but not limited to, parking, landscape, building exteriors and the public meeting room based on a formula related to the relative use levels attributed to each entity shall provide the most economical and consistent approach to maintaining both parcels in a safe, sanitary and aesthetically pleasing condition. The City and the District shall enter into an "operations, shared use and maintenance agreement" detailing their responsibilities and rights within sixty (60) days of the close of escrow. Utilities including telephone, cable, water, sewer, electric and gas are separately metered and shall be the responsibility of the responsible entity.
4. The obligations for the above items of this
Section 202 are not the Owner 5 responsibility.
c. [§203]
The Agency agrees to open an escrow (the "Conveyance
Escrow") with a mutually agreeable escrow company (the "Escrow Agent"), by the time established therefor in the Schedule of Performance (Attachment No. 3). The escrow described in this Section 203 shall be referred to as the "Conveyance Escrow", and shall govern the Acquisition and Disposition Conveyances. 01/13/92
8601u/2179/053
Acquisition and Dismsition Escrow
Owner shall execute a grant deed ("Owner Grant Deed") substantially in the form of Attachment No. 6 conveying clear title to the Developed Parcel and the Undeveloped Parcel. The Agency shall execute a grant deed ("Agency Grant Deed") substantially in the form of Attachment No. 7 conveying clear title to the District Parcel after all of the following have occurred: (1) execution of the Reciprocal Access and Easement Agreement; (ii) execution of the Amended Pass Through
Agreement; (iii) preparation of documents necessary to record new record of survey lines providing for subdivision and merger of the parcels pursuant to Section 201, subparagraph A.2. above; and (iv) completion of sale of bonds providing funds for Purchase Price
The Escrow Agent shall accomplish the recordation of
the following documents in the following order:
Owner Grant Deed (Attachment No. 6);
(ii) Subdivision and lot merger documents creating the
District Parcel;
The Agency Grant Deed; and
The Easement Agreement
The Owner shall be paid without regard to recordation of any instrument other than the Owner Grant Deed.
This Agreement constitutes the joint basic escrow
instructions of the Agency, the District and the Owner for the Acquisition and Disposition Conveyances, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Escrow. The Agency, the District and the Owner shall provide such additional escrow instructions as shall be necessary for and consistent with this Agreement. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Escrow its acceptance of the provisions of this Section 203, in writing, delivered to the Agency, the District and the Owner, shall carry out its duties as Escrow Agent hereunder.
Upon delivery of the Owner Grant Deed substantially in
the form of Attachment No. 6, the Record of Survey documents, the Agency Grant Deed (Attachment No. 7) and the Easement Agreement (Attachment No. 5) to the Escrow Agent by the respective Party pursuant to this Section 203 of this
Agreement, the Escrow Agent shall record such documents when title can be vested first in the Agency as to the Developed and Undeveloped Parcels and then in the District as to the newly created District Parcel in accordance with the terms and provisions of this Agreement. The Escrow Agent shall pay any 01/13/92
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(iV)
(iii
(i)
applicable transfer tax Any insurance policies covering any parcel are not to be transferred.
The Agency and District shall each pay in escrow to the Escrow Agent fifty percent (50%) of all fees, charges and costs promptly after the Escrow Agent has notified the Agency and the District of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for closing the Escrow, including, without limitation, the following:
1. Costs necessary to place title to the Developed
and Undeveloped Parcels in the condition for
conveyance pursuant to Section 206 of this
Agreement;
2 Costs necessary to place title to the newly
created District Parcel in the condition for
conveyance pursuant to Section 206 of this
Agreement.
3 The escrow
Recording fees;
Notary fees;
Any transfer tax;
The Owner shall pay:
1 Taxes, if any, upon the Site for any time prior
to transfer of title.
The Owner shall timely and properly execute, acknowledge and deliver a deed in substantially the form of the Owner Grant Deed (Attachment No. 6), together with any other documents reasonably necessary to entitle the Agency to such conveyance.
The Agency shall deposit the Purchase Price; the Record of Survey boundary revisions; the executed Agency Grant Deed (Attachment No. 7); and the executed Easement Agreement (Attachment No. 5) prior to the Conveyance
The Escrow Agent is authorized to:
1. Pay, and charge the responsible Party for any
fees, charges and costs payable under this
Section 203 of this Agreement. Before such
payments or charges are made, the Escrow Agent
01/13/92
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fee
shall notify the responsible Party of the fees,
charges and costs necessary to clear title and
close the Escrow.
Disburse funds deposited as part of the Purchase
Price to satisfy all outstanding deeds of trust
necessary to satisfy the title requirements of
Section 207 of this Agreement, and shall deliver
the deeds and other documents to the parties
entitled thereto when the conditions of this
Escrow have been fulfilled by the Parties.
Record any instruments delivered through this
Escrow, if necessary or proper, to vest title in
the Agency and the District, respectively, in
accordance with the terms and provisions of this
Agreement.
Deliver to Agency the Non-Foreign Transferor
Declaration.
5. Report all information required pursuant to
Internal Revenue Code Section 6045(e), and shall
provide copies of all such reports to Owner,
Agency and District.
All funds received in this Escrow shall be deposited
by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest earning general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. All adjustments are to be made on the basis of a thirty (30) day month.
If this Conveyance Escrow is not in condition to close
on or before the time for conveyance established in the Schedule of Performance (Attachment No. 3) of this Agreement, either party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, demand from the Escrow Agent the return of its money, papers or documents deposited with the Escrow Agent. No demand for return shall be recognized until ten (10) days after the Escrow Agent shall have mailed copies of such demand to the other party or parties at the address of its or their principal place or places of business. Objections, if any, shall be raised by written notice to the Escrow Agent and to the other party within the ten (10) day period, in which event the Escrow Agent is authorized to hold all money, papers and documents with respect to the Parcels until instructed by a mutual agreement 01/13/92
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of the Parties or by a court of competent jurisdiction. If no such demands are made, the Escrow shall be closed as soon as possible.
The Escrow Agent shall not be obligated to return any such money, papers or documents except upon the written instructions of all Parties or until the party entitled thereto has been determined a final decision of a court of competent jurisdiction.
Any amendment to these Escrow instructions shall be in writing and signed by all Parties. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment.
All communications from the Escrow Agent to the Parties shall be directed to the addresses and in the manner established in Section 501 of this Agreement for notices, demands and communications between the Parties.
The liability of the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Sections 203 to 208, both inclusive, of this Agreement.
D. [5204}
Subject to any extensions of time mutually agreed upon between the Parties, the Conveyances shall be completed on or prior to the date specified therefor in the Schedule of Performance (Attachment No. 3). Said Schedule of Performance (Attachment No. 3) is subject to revision from time to time as mutually agreed upon in writing between the Parties The Owner shall convey to the Agency title to the Site by grant deed in the form of the Owner Grant Deed (Attachment No. 6). The Agency shall convey to the District title to the District Parcel by grant deed in the form of the Agency Grant Deed (Attachment No. 7).
F. [§206]
The Owner shall convey to the Agency title to the Site and the Agency shall convey title to the District Parcel free and clear of encumbrances except as may hereafter be expressly approved by the Agency and the District at their discretion, such approval to be given if such encumbrances do not materially hinder the utility of such property for the uses required by this Agreement. -10-
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Condition of Title for the Conveyance
Form of Deed for the Conveyance [§205]
Conveyance of Title
Subject to any mutually agreed upon extension of time
the Agency, the City and the District shall deposit the Grant Deeds (Attachment Nos. 6 and 7) with the Escrow Agent on or before the date established for the date of the Conveyance pursuant to the Schedule of Performance (Attachment No. 3). The Agency shall deposit the Agency Grant Deed (Attachment No. 7) and the executed Easement Agreement (Attachment No. S) with the Escrow Agent on or before the date established for the date of the Conveyance pursuant to the Schedule of Performance
(Attachment No. 3
H. [§2os]
Concurrently with recordation of the Owner Grant Deed
(Attachment No. 6) and the Agency Grant Deed (Attachment No. 7) the Title Company shall deliver to the Agency with respect to the transfer from the Owner and the District with respect to the transfer from the Agency a title insurance policy issued by the Title Company insuring that the title to the Parcel(s) being transferred is vested in the Agency and/or the District in the condition required by Section 206 of this Agreement.
I. 5209]
1. Environmental Representation of Owner. To Owner's
actual knowledge as of the date of Close of Escrow, (i) the Property contains no underground storage or treatment tanks, active or abandoned water, gas or oil wells, or any other underground improvements or structures, and (ii) the Property, including without limitation any subsurface soils, has no contamination from any substance or material which may be toxic or hazardous, including without limitation any radioactive substance, methane, volatile hydrocarbons, industrial solvents, any material identified as hazardous in Title 42 United States Code Section, 9601 et seq., regulations adopted pursuant thereto, any material identified in Sections 66680 through 66685, inclusive, of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, or any chemical appearing in the list published at the direction of the Governor of the State of California pursuant to Section 25249.8 of the California Health and Safety Code, as amended, and any
regulations adopted pursuant thereto, which could presently cause a material detriment to or materially impair the beneficial use of the Property of the environment, or constitute or cause a significant health, safety or other environmental hazard to any person or entity, whether on or off the Property, including without limitation, occupants or users of the Property without regard to any special conditions of such occupants or users, including any contractors, subcontractors or workmen performing work on the Property. Owner shall indemnify, defend and hold -11-
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Condition of the Site
Title Insurance for the Conveyance
§2o7] Time for and Place of Delivery of Documents
City, Agency and District harmless from any liability, loss or damage resulting from any breach of the representations and warranties set forth in this Paragraph 1 of Section 209.
Except for the warranties expressly made in this
Agreement, the Owner makes no other warranties, expressed or implied, concerning the physical condition of the property nor any other environmental warranties.
2. Utility System Warranty of Owner. Owner hereby
represents, warrants and agrees that as of the date of the Close of Escrow, all Building Systems (as such term is defined below) shall be in good operating condition for the purpose(s) for which they are intended. If, within thirty (30) days after Close of Escrow any of the Building Systems becomes inoperable or malfunctions, the same shall be immediately repaired by qualified technicians reasonably approved by City, Agency and District at Owner's sole cost and expense, provided, however, if during such thirty (30) day period City, Agency or District modifies any Building System, then such obligation of Owner to repair that Building System shall cease and terminate with respect to that particular Building System (but shall remain in full force and effect for the entire thirty day period with respect to any unmodified Building Systems).
With respect to any such Building System needing repair City, Agency and District shall notify Owner in advance of such work to be performed and bill the cost of same to Owner.
As used herein, the term "Building System" shall mean
the heating, ventilating and air conditioning system for the Building, the electrical and plumbing systems for the Building and any piping, wire, conduit, panels, connections and units associated therewith.
3. Environmental Indemnity By District. After close
of the Conveyance Escrow District agrees to indemnify and defend the City and/or Agency for any future claims which may be asserted against the City and/or the Agency under the
Comprehensive Environmental Response and Compensation and Liability Act; as amended, (42 U.S.C. Section 9601 et. seg.) ("CERCLA") and/or any other remedial environmental legislation which claims are based on alleged contamination which occurred during and after the period of Agency's ownership of the District Parcel.
III §300] DEVELOPMENT OF THE SITE
5301]
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Development of the Site by the District and
City
(30)
The District and City shall commence and complete
the rehabilitation of their respective Parcels by the respective times established therefor in the Schedule of Performance (Attachment No. 3).
The rehabilitation shall include any plans and
specifications approved by the City and/or Agency, and shall incorporate or show compliance with all applicable mitigation measures.
2. §3031
By the respective times set forth therefor in the
Schedule of Performance (Attachment No. 3), the City and District shall prepare and execute a shared use and maintenance agreement governing the City Parcel and District Parcel and related documents containing the overall plan for development and maintenance of the Site in sufficient detail to govern the shared use and operation of the two Parcels in conformity to the requirements of this Agreement. The Site shall be developed as established in this Agreement and such documents except as changes may be mutually agreed upon between the Agency, City and District.
3. 5304]
The cost of rehabilitating the City Parcel and
constructing all improvements thereon shall be borne by the Agency. The cost of rehabilitating the District Parcel and constructing any improvements therein shall be borne by the District. The costs of rehabilitating the Public Meeting Room shall be shared equally between the District and the Agency.
4. [§305]
The District and the City shall promptly begin and
thereafter diligently prosecute to completion the rehabilitation of the District Parcel and the City Parcel respectively within the times specified therefor in the Schedule of Performance (Attachment No. 3).
5. §306 Anti Discrimination During Construction
All parties agree, each for itself and its
successors and assigns, that in the construction of the improvements provided for in this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry
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Construction Schedule
Cost of Construction
Site Plan
§3021 Scoge of Develogment
IV 5400] USE OF THE CITY PARCEL DISTRICT PARCEL
A. §4011
The District and City covenant and agree each for
itself, its successors, its assigns, and every successor in interest to their respective Parcels that each of them, such successors and such assignees, shall devote the City Parcel and District Parcel to the uses specified in the Redevelopment Plan and this Agreement. The foregoing covenant shall run with the land.
The District, the City and the Agency covenant each by
and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the District, City or Agency each for itself or any person claiming under or through each of them establish or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land.
The District and City shall respectively refrain from
restricting the rental, sale or lease of the District Parcel or the City Parcel on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and
for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through them, that
there shall be no discrimination against or
segregation of, any person or group of persons on
account of race, color, creed, religion, sex,
marital status, age, handicap, national origin or
ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land
herein conveyed, nor shall the grantee himself or
herself or any person claiming under or through
him or her, establish or permit any such practice
or practices of discrimination or segregation
with reference to the selection, location,
number, use or occupancy of tenants lessees,
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Uses
subtenants, sublessees or vendees in the land
herein conveyed. The foregoing covenants shall
run with the land."
2 In leases: "The lessee herein covenants by and
for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through him or her, and
this lease is made and accepted upon and subject
to the following conditions:
"There shall be no discrimination against or
segregation of any person or group of persons
account of race, color, creed, religion, sex,
marital status, handicap, age, ancestry or
national origin in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment
of the premises herein leased nor shall the
lessee himself or herself, or any person claiming
under or through him or her, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the
premises herein leased."
3 In contracts: "There shall be no discrimination
against or segregation of, any person, or group
of persons on account of race, color, creed,
religion, sex, marital status, age, handicap,
ancestry or national origin, in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the premises, nor shall the
transferee himself or herself or any person
claiming under or through him or her, establish
or permit any such practice or practices of
discrimination or segregation with reference to
the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or
vendees of the premises
§4021
The District, the Agency and the City shall maintain
the District Parcel and the City Parcel respectively in a safe sanitary and aesthetically pleasing condition according to a Shared Use Maintenance Agreement.
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Maintenance
on
§500] GENERAL PROVISIONS
A. §501]
Written notices, demands and communications between
the parties shall be sufficiently given if delivered by hand (and a receipt therefor is obtained or is refused to be given) or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Parties as specified in Sections 105, 106, 107 and 108. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 501 Any written notice, demand or communication shall be
deemed received immediately if delivered by hand or if
delivered by registered or certified mail return receipt requested on the date received.
No member, official or employee of the Agency shall
have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee
participate in any decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Agency, the City or the District shall be personally liable to the Owner or any other Party, or any successor in interest, in the event of any default or breach by any Party, or for any amount which may become due to any Party or successor or on any obligations under the terms of this Agreement.
The District, the Agency and the City warrant that
they have not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
C. 5503
In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; 01/13/92
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Enforced Delay; Extension of Times of
Performance
Conflicts of Interest; Nonliability of
Officials and Emgloyees
§5021
Notices, Demands and Communications Between
the Parties
litigation delays beyond the reasonable control of the party claiming an extension of time to perform; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other party; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Parties
VI. §600] DEFAULTS AND REMEDIES
A. 5601]
Subject to the extensions of time set forth in
Section 503, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must
immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence.
The injured party shall give written notice of default
to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute
proceedings against the party in default until thirty (30) days after giving such notice or, provided that the party is proceeding with diligence to cure, such greater time as may be necessary to cure given the nature of the default. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
B. [§602]
1. In addition to any other rights or remedies and
subject to the restrictions in Section 601, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California.
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§603] Institution of Legal Actions
Legal Actions
Defaults -- General
§604] AEBlicable Law
The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
D. [5607]
3 [5605]
In the event that any legal action is commenced,
service of process on any Party shall be made by personal service and shall be valid whether made within or without the State of California or in such other manner as may be provided by law.
C.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies
E. §608]
If any Party defaults under any of the provisions of this Agreement, the non-defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days of service of the notice of default, or such other time limit as may be set forth herein with respect to such default, the non-defaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement.
Remedies against Owner are limited to actions for specific performance under this Section with the exception of claims asserted with respect to paragraphs 1 and 2 of Section 209 of this Agreement.
5700] SPECIAL PROVISIONS
A. [§701]
Owner executed a Sales Authorization Agreement with the Grubb and Ellis Company which expired November 30, 1991. In the event real estate commissions are due Grubb and Ellis, Owner shall be responsible for payment.
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Real Estate Commissions
VII
Sgecific Performance
Inaction Not a Waiver of Default
H606] Rights and Remedies Are Cumulative
Acceptance of Service of Process
Other than the agreement referenced above each of the
Parties represents to each other that they have not engaged the services of any finder or broker and that they are not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of the acquisition of the Site, and agree to hold harmless the each Party from such commissions or fees as are alleged to be due from the Party making such representations.
B. [§702
The terms, covenants, conditions and restrictions of
this Agreement shall extend to and shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties.
C.
The Parties agree to mutually consider reasonable
requests for amendments to this Agreement provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein.
D.
If any Party to this Agreement is required to initiate
or defend litigation in any way connected with this Agreement, the prevailing Party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Except as may be expressly provided elsewhere in this Agreement, if any Party to this Agreement is required to initiate or defend litigation with a third party because of the violation or alleged
violation of any term or provision of this Agreement, or obligation of the other part to this Agreement, then the Party so litigating shall be entitled to reasonable attorney's fees from the other Parties to this Agreement. Attorney's fees shall include attorney's fees on any appeal, and in addition Party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
VIII. §800] ENTIRE AGREEMENT, WAIVERS
This Agreement may be signed in counter-parts, each of
which is deemed to be an original. This Agreement includes pages 1 through 20 and Attachments 1 through 7, which
constitutes the entire understanding and agreement of the Parties.
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[§704] Attorney Fees
§7031 Amendments to this Agreement
Successors In Interest
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements among the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Parties.
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WITNESS WHEREOF, the Agency, the City, the District
and the Owner have signed this Agreement on the respective dates set forth below.
NORCO REDEVELOPMENT AGENCY
/,/.
CI TY OF NORCO
or
City Clerk’
Stradling, Yocca, Etrlson & Rauth,
Special Counsel to the Agency
Agency Counsel 5
CORONA-NORCO UNIFIED SCHOOL
DISTRICT
Its:
APPROVED AS TO FORM:
STARR MANAGEMENT CORPORATION
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Its: 321MAust1n V1ce Pres?en?:
Distrlct CouseMx
ATTEST:
APPROVED AS TO FORM:
Secretary
E44,; 5' , 192
STATE OF CAL I FORNIA
- . S S . COUNTY OF <giém?
On this J45 day of g%% , 1912,,before me
the undersigned, a Notary Public in a for said State,
personally appeared iizé??gizz???gé: personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Chairman of Norco Redevelopment Agency and acknowledged to me that said Agency executed it.
WITNESS hand and official seal
SS
COUNTY OF
On this M day ofJ , 192, before me,
the undersigned, a Notary Public in d for said State,
personally appearedW personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Mayor of the City of Norco and acknowledged to me that said City executed it.
WITNESS hand and official seal
01/13/92
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SEAL)
my
STATE OF CAL I FORNIA
my
STATE OF CAL I FORN I A
SS.
OF
On this 2i? day of Je?u?? , 193, before me
the undersigned, a Notary Public in and for said State, personally appeared baa; ggcns , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Sh?SVLHbVMLa of Corona-Norco Unified School District and acknowledged to me that said District executed it.
WITNESS my hand and offic' seal
.
, onxcxu. sm‘
., Reynold Saugstg;
Hmomwm-cmmm 1 -' ‘ meoww -
,- My?rmminuuamxoxm—
\ SEAL
STATE OF
COUNTY OF
SS
5r
On this 02( day of M , 1919» before me
the undersigned, a Notary Publi in and or said State,
personally appeared :SZLQ éZ?EZZ?: , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the of
Starr Management Corporation and acknowledged to me that said Corporation executed it.
WITNESS my hand and official?f?w
é'ammlsslon/50:11:55
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SEAL)
7:19;?an
VIRGIN/p
C-A-b-I-EeRN—
COUNTY
ATTACHMENTNO . 1
ATTACHMENTN0 . 1 8601u/2 179/053
12/19/91
c. m. Opium? Gwen—pi“. :6. H
ATTACHMENT 1A
.5 Fear/AJ/rea/ §/ §_/_ - ?zz-gy— _ ___,,,_4
Lsea4g
T: [3.00, Aacoango'
0 12/19/91 ATTACHMENT 1A
8601u/2179/053
NO.
PROPOSED SITE MAP
NO.
ATTACHMENT 2
PARCEL "l" (CITY PARCEL)
Parcel 1 of Parcel Map 25989, as recorded in Parcel Map Book 169, Pages 58 and 59, Records of Riverside Map Book
PARCEL “2" (DISTRICT PARCEL)
Parcel 2 of Parcel Map 25989, as recorded in Parcel
169, Pages 58 and 59, Records of Riverside County
PARCEL "3" (HOUSING PARCEL)
Parcel 3 of Parcel Map 25989, as recorded in Parcel Map Book 169, Pages 58 and 59, Records of Riverside County 12/19/91 ATTACHMENTN0. 2
8601u/2179/053
County
LEGAL DESCRIPTION
N
ATTACHMENT 2A
PARCEL "A" (CITY PARCEL)
The northerly 259.10 feet of Parcel 1 of Parcel Map 25989 recorded in Parcel Map Book 169, Pages 58 and 59, Records of Riverside County.
The north line of said northerly 259.10 feet being 30 feet southerly and parallel with the center line of Fourth street.
PARCEL "B" (DISTRICT PARCEL)
Parcels 1 and 2 of Parcel Map 25989, as recorded in Parcel Map Book 169, Pages 58 and 59, Records of Riverside County EXCepting therefrom the northerly 259.10 feet of Parcel 1.
The north line of said northerly 259.10 feet being 30 feet southerly and parallel with the center line of Fourth Street (HOUSING PARCEL) ..._ ,. PARCEL "C"
Parcel 3 of Parcel Map 25989, as recorded in Parcel Map Book 169 Pages 58 and 59, Records of Riverside County ATTACHMENTNO. 2A 12/19/91
8601u/2179/
as
PROPOSED LEGAL DESCRIPTIONS -—______
NO.
ATTACHMENT 3
u ?w
later than January I, 1992.
I. GENERALPROVISIONS (Terms shall be defined as set out in the Disposition and Development and Shared Use Public Facilities Agreement to which this document is attached as Attachment No. 4.)
l. Execution of Agreement by
Owner. Owner shall execute
five (5) copies of this
Agreement and deliver to Agency
2. Execution of Agreement later than January 1992
by Agency, City and District.
The Agency, City and District
shall approve and execute this
Agreement, and shall deliver
one (1) copy thereof to
the
II . MAINTENANCEAGREEMEN
Maintenance Agreement shall be within twelve
executed.
weeks of
close of Conveyance Escrow.
III. SITE ASSEMBLAGE
Opening of Escrow.
Participant opens Conveyance
Escrow for conveyances to
Agency.
Purchase Price. Agency
deposits the Purchase
Price (and any additional
amounts payable pursuant to
Section 201) into escrow.
Within one week after execution
of this Agreement all Parties.
Prior to the Agency Conveyance and not
later than three (3) days prior
to close of escrow.
later than February 28, 1992,
time being of the essence.
Close of Escrow. Not
(1)
(12)
owner .
Not
Not
SCHEDULEOF PERFORMAN
N0
ATTACHMENT 4
AMENDMENTNO. 2 TO AGREEMENTFOR REIMBURSEMENTOF TAX INCREMENTFUNDS THIS AMENDMENTTO AGREEMENTFOR REIMBURSEMENTOF TAX INCREMENT FUNDS is entered into and made effective as of the
UNIFIED
lst day of January, 1992, by and between the CORONA-NORCO SCHOOL DISTRICT (the "District") and the NORCO REDEVELOPMENTAGENCY, a public body, corporate and politic the "Agency"
RECITALS
Agreement
The Agency and the District have previously entered into an entitled "Agreement for Reimbursement of Tax Increment Funds" dated January 18, 1984 (the "Agreement"), which provides for certain reimbursement of tax increment funds to the District.
The Agency and the District have further amended the Agreement by an Amendment dated as of January 1, 1987, which provides for the retention by the Agency of the first two would
million dollars ($2,000,000) of tax increment revenues which otherwise be paid to the District pursuant to the Agreement.
The Agency and District desire to amend the Agreement to further clarify the purposes for which the District shares (as defined in the Agreement) of the tax increment revenues may be applied.
NOW, THEREFORE, the Agency and the District do hereby agree follows:
Section 1. Section 3 of the Agreement is hereby amended to read as follows:
"Section 3. Subject to satisfaction of the requirements of this paragraph and applicable state and federal law, with the written consent of the District, the Agency will use its best efforts to issue bonds, notes or other evidences of indebtedness ("Obligations") in order to finance the cost of constructing, acquiring and equipping the capital outlay projects, including (i) a portion of the acquisition cost to the District of the new administrative site, ATTACHMENTNO. 4
12/19/91
8601u/2179/053
as
NO.
(ii) $500,000 shall be applied to the conversion
of the District's Buena Vista site into an
operating school campus, (iii) $500,000 shall be
applied to site improvement for the new
administrative site; and (iv) $600,000 shall be
applied to site improvements and ancillary
equipment for schools located in the City, which
Obligations will be secured in whole or in part by a pledge of the sums payable to the District under this Agreement. Funds will be distributed
pursuant to the Trustee's instructions. In the
event District improvements to the Buena Vista
site and the new administrative site do not
utilize the entire amounts designated above, the
remaining may be spent for capital improvements
to schools located in the City of Norco.
Notwithstanding anything herein to the contrary,
in the event Agency issues the Obligations, the
Agency shall retain any and all sums payable to
the District hereunder in order to pay the
principal of, premium, if any, and interest with
respect to such Obligations. District shall pay
any and all costs incurred in connection with the
issuance and sale of the Obligations, which costs
may be financed from the proceeds thereof. The
District shall not have any obligation to pay any
amounts over and above the amounts retained by
the Agency pursuant to this paragraph from the
payment of debt service on the Obligation.
"In addition to the proceeds of the
Obligations, the Agency agrees to apply a portion
of the proceeds of its Subordinated Tax
Allocation Notes, Issue of 1991 (the "Agency
Notes") to cost of acquisition and construction
of the District's new administrative site (the "Agency Advances"). The District agrees that in addition to portion of the District Share of tax
increment revenues required by the trust
indenture relating to the Obligations to be
transferred to the trustee for the payment of
debt service on the Obligations (the "Debt
Service Amount"), the Agency shall retain an
additional amount equal to the principal amount
of the Agency Advance plus a pro—rate share of
the amounts deposited in the reserve fund and
costs of issuance fund in connection with the
Agency Notes together with interest thereon at an
interest rate equivalent to the rate of interest
payable on the Agency Notes from the date of
issuance of the Agency Notes through and
including the date upon which the Agency has
ATTACHMENT NO.
12/19/91
8601u/2179/053 Page 230 of 295
received full reimbursement for such amounts the "Reimbursement Amount"). Any portion of the District Share of tax increment revenues over and above the sum of the Debt Service Amount and the Reimbursement Amount shall be shared by the Agency based upon the following formula:
Total Annual Increase
in Taxable Valuation
District Share
of Excess
4.99%
5.00%
5.00%
or less
to 5.99%
or higher
Such increases shall be calculated based on increases over and above the taxable value of property in the Amended Area as shown on the
assessment role equalized as of August 20, 1991.
"The Agency and the District agree to enter into such additional agreements as may be necessary in order to implement the provisions of this Agreement." Section 2. Section 4 of the Agreement amended by adding the following paragraph thereto:
"The Agency and the District agree that
notwithstanding anything in this Section to the
contrary, so long as the Obligations and the
Reimbursement Amounts (including Objectives
issued for the purpose of refunding such
obligations), the District Share of the tax increment revenues shall be paid to and applied by the Agency in accordance with the trust indenture with respect to the Obligations and the Agency Notes." ATTACHMENT NO. 4
12/19/91
8601u/2179/053
90 85%%
80%
107
.15%
20%
Agency share
of Excess
IN WITNESS WHEREOF, Amendment No. 2 to Ag
CORONA-NORCOUNI FIED SCHOOL DI STRI CT
APPROVED AS TO FORM
NORCO REDEVELOPMENTAGENCY
Chairman
Secretary of th Norco
Redevelopment Agency
CITY OF NORCO
City Clerkof th
Norco, California
APPROVED AS TO FORM:
ATTACI-MENT
NO. 12/19/91
8601u/2179/053
M2/c%?meg Agency Legal Coun l
Counsel
EL;"‘ W4”
President, Board of Education ?gswSuperintendent
ATTACHMENT NO. 5
RECORDING REQUESTEDBY AND
WHENRECORDED, MAIL TO:
)
)
)
)
)
)
_L
(Space Above Provided For Recorder)
RECIPROCAL ACCESS AND BASEMENT AGREEMENT
THIS RECIPROCAL ACCESS AND BASEMENT AGREEMENT ("Agreement") is made this day of , 1991, by the Norco Redevelopment Agency ("Agency"), and the Corona-Norco Unified School District ("District"), with reference to the following facts:
A. Agency is the sole owner of certain real property located in the City of Norco, California, commonly known as , Norco, California 9 , and legally described in Exhibit A attached hereto and incorporated herein by this reference ("City Parcel").
B. District is the sole owner of certain real property located in the City of Norco, California, commonly known as , Norco, California 9 , and legally described in Exhibit B attached hereto and incorporated herein by this reference ("District Parcel"). City Parcel and District Parcel are sometimes individually referred to herein as the "Parcel" and collectively referred to herein as the "Parcels".
C. Agency and District wish to establish the City of Norco civic center and the Corona-Norco Unified School District administration facility on the adjacent Parcels which are subject to this Agreement. It is the intent of both parties to provide the greatest use of public facilities at the least cost to either public entity and to that end share the use of the Public Meeting Room located on the District Parcel and in addition for the parking and pedestrian access improvements to be open for use by both Parties and their invitees on either Parcel.
D. In order to accomplish the foregoing, the Agency and District desire to grant to each other non-exclusive, reciprocal easements for the common benefit of Agency and District, and their respective heirs, successors and assigns, over each other's Parcel for the installation, construction, ATTACHMENT 5
12/19/91 NO.
8601u/2179/053 Page 233 of 295
use maintenance repair and replacement of the Public Meeting Room and to promote the free flow of pedestrian and vehicular access, ingress, egress and travel to and from the District Parcel and the City Parcel, as more specifically described herein. ’ E. This Declaration shall be recorded for the purpose of providing notice to successors in interest in the Parcels and to all interested or affected parties of the rights and restrictions of use, and the obligations to maintain, the non-exclusive, reciprocal easement appurtenant established by this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the District hereby declare as follows:
1. Heirs and Assigns. All references in this Agreement to Agency or District shall include their respective heirs successors and assigns.
2. Creation and Description of Easement.
a. Grant. Agency and District hereby grant to each other a non-exclusive, reciprocal easement appurtenant (the "Easement") over the respective portions of their Parcels as depicted on Exhibit C attached hereto and incorporated herein by this reference (the "Easement Area") for the uses and subject to the restrictions set forth in this Declaration. b. Character. The Easement is an easement
appurtenant. Each Parcel is both benefited and burdened by the Easement. The Easement shall run with the land, and shall be binding on and inure to the benefit of the Agency and District, and the respective heirs, successors and assigns of both the Agency and District. The Easement is not intended to grant a fee interest in either Parcel, nor is it intended to be a mere license. c. Egg. The Agency and District and their tenants and permitees may use the Easement Area for the installation, construction, use, maintenance and repair of the Public Meeting Room located as indicated on Exhibit C and the ingress and egress of motor vehicles and pedestrians to permit the free flow of vehicular and pedestrian access, ingress, egress and travel to and from the City Parcel and the District Parcel and over and across those portions of both Parcels ATTACHMENT NO.
12/19/91
8601u/2179/053
d. Restrictions. wall, barrier, building, fence,
which
or other impediment upon the City Parcel or the District Parcel would hinder or impair the use of the Easement by Agency or District shall be erected any structure or conduct any activity in the Easement Area, or otherwise cause or permit any activity to exist, which will impede or impair the use of the Easement without first obtaining the permission of Agency and District. e. Interru tion of Use. The Agency and District acknowledge that substantially uninterrupted use of the Easement for
Area (with the exception of the Public Meeting Room which use a schedule will be prepared no less frequently than every quarter) by the parties entitled to use same is contemplated by this Declaration. Accordingly, neither Agency nor District shall cause or permit the use by any person or entity of all or part of the Easement Area which exists on such Parcel to be interrupted or impaired unless such interruption or impairment cannot reasonably be avoided and, in such case, shall take all reasonable action to minimize the extent and duration thereof. Notwithstanding the foregoing, and except in such cases where prior notice is impractical by reason of an unexpected occurrence, neither Agency nor District shall cause or permit interruption or impairment of use by any person or entity of all or part of the Easement Area which exists on such Party's Parcel to be interrupted or impaired unless reasonable prior notice has been given to the other Party.
3. Term. The term of this Declaration (the "Term") shall commence as of the date of recordation in the official records in the office of the county recorder of the County of Orange, State of California, and all interests, rights and obligations created by this Declaration shall continue in effect thereafter for a period of thirty (30) years, unless otherwise terminated or extended pursuant to the terms of this Declaration.
4. Maintenance, Repair and Replacement. The Easement Area, which shall include the Public Meeting Room, shall be maintained, repaired and replaced in a safe and sanitary Maintenance
condition (the "Maintenance") by both Agency and District. The shall include the obligation to replace and rebuild the Public Meeting Room to their pre-damaged condition in the event that either or both are partially or totally damaged or destroyed. The cost of the Maintenance shall be split pursuant to a maintenance agreement to be entered into between the Parties. Each Owner shall have the duty, independent of the duty of the other Owner, to perform and pay for all of the Maintenance, regardless of whether the other Owner refuses or fails to perform or pay for the Maintenance, and whether or not the Maintenance is covered by any insurance. In the event that one Owner performs or causes to be performed the Maintenance, the non-performing Owner shall pay to the performing Owner 12/19/91 ATTACHMENT 5 8601u/2179/053 Page 3 of 11
NO
No
within ten ( days of receipt of written notice from the performing the
Owner one-half of all costs and expenses incurred by performing Owner in performing or causing to be performed the Maintenance, including, but not limited to, actual attorneys' fees incurred in collecting such costs and expenses. may be
5. Amendment, Extension or Termination. This Declaration amended, extended or terminated only by a written instrument signed by all Agency and District and the City, and recorded in the official records in the office of the county recorder of the County of Orange, State of California.
6. Indemnification. Each Owner shall protect, defend, indemnify, and hold each other and the City harmless against and from any and all loss, damage or liability, including attorneys' fees, for injury or damage from any cause whatsoever related to such Owner's Parcel of any type, which occurs on such Owner's Parcel, except to the extent that such loss, negligence
damage or liability may be caused by the willful misconduct or of another Owner, the City, or their agents, employees or representatives. with
7. Successors and Assi ns. This Declaration shall run the land, and shall be binding upon and shall inure to the benefit of the Agency and District, the Parcels and the District
respective heirs, successors and assigns of both the Agency and and the Parcels.
Owner
8. Persons Bound by this Declaration. Each successive of the Parcels and each person having any interest therein derived through any such Owner shall be bound during Declaration.
the period of his or her ownership by the provisions of this Declaration
9. Recordation. Agency and District shall cause this to be recorded in the official records in the California.
office of the county recorder of the County of Orange, State of
10. Notices. All communications, notices and demands of or
any kind which any party may be required or desire to give to serve upon another party shall be made in writing and personally or registered
delivered, sent by fax machine, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth opposite each party's signature hereto.
Any party may change his address by giving all other parties written notice of his new address as herein provided.
ATTACHMENT 5
12/19/91 NO. 8601u/2179/053
10)
entire
11 agreement
Entire A
of
reement. This Declaration constitutes the the parties and supersedes any concerning its subject matter
oral, between the parties
and all contracts and agreements, written or concerning its subject matter.
12. Severabilit . If any term, provision, condition covenant or to be void,
(collectively,
invalid or
"Term(s)") of this Declaration is held
shall be enforced to the
unenforceable as written, then such Term
the remainder of the
fullest extent legally possible, and Terms of this Declaration shall full force and effect and remain in or invalidated. shall in no way be affected, impaired
of any
13. of
Applicable
its Terms,
Law. The validity of this Declaration and
parties hereunder,
as well as the rights and duties of the shall be interpreted and construed pursuant to and in accordance with the laws of the State of California. cooperated
14. Construction of A reement. Buyers and Seller
therefore, any
in the drafting and preparation of this Declaration; construction or interpretation of this dispute
16. related
Attorne 5' Fees. In the event of any controversy or
prevailing party,
to or arising from this Declaration, the
settlement, shall
whether in court or by way of out of court be entitled to recover from the non-prevailing fees, court costs
party the prevailing party's actual attorneys' and other expenses controversy, relating to such including, without fees, court costs limitation, actual attorneys and other expenses incurred on the appeal, if any, or in the collection of any judgment.
ATTACHMENT
NO. 12/19/91
8501u/2179/
Declaration
IN WITNESS WHEREOF, the u ndersigned have executed this as of the date fir st written above.
NORCO REDEVELOPMENTAGENCY
, i
C 1rman
CITY OF NORCO
//
Stradling, chca, 01615011 & Rauth, Special Counsel to the Agency Agency Counsel 1
CORONA-NORCOUNIFIED SCHOOL
DISTRICT %
APPROVED AS TO FORM:
ATTACI-MENT
NO. 12/19/91
8601u/2179/053
ATTEST :
APPROVED AS TO FORM:
19.
STATE or CALIFORNIA
SS COUNTYOF ‘ Asl‘Js
On Che-«an. ? [47L undersigned, a Notary before me, the appeared UV
Public in and for said State, personally 594? personally known to me , satisfactory or proved to me on the basis of
subscribed to
evidence to be the person_ whose name the within instrument and acknowledged that executed the same.
WITNESS my hand and offici seal
OFFICIAL SEAL. . Raynotd Saugstz:
m mam .cmronnm
mama: Comm:
5»! MyOwn. Expim July Io 1992
STATE OF CALIFORNI
- ss. COUNTY OF g 22%
\J’AL executed the same . WITNESS my hand and official seal.
ATTACHMENTno.
12/19/91
8601u/2179/
(SEAL)
(SEAL)
STATE OF CALI FORNIA
COUNTY OF
On this day of
year in the
for said State,
before me, the undersigned, a Notary Public in and personally appeared known to me (or , personally evidence)
proved to me on the basis of satisfactory
City Manager
to be
of The
the person who executed this instrument as the City of Norco and acknowledged to me that ATTACHMENTNo. 5
12/19/91
8601
1W
Signature of Notary Public
SS.
The northerly 259 10 feet of Parcel of Parcel
25989, as recorded in Parcel Map Book 169 Pages 58 and
59 Records of Riverside County.
The north line of said northerly 259.10 feet being 30
feet sbutherly and parallel the center line of
Fourth Street.
ATTACHMENTNO.
12/19/91
8601u/2179/
with
Map
PARCEL "A
\
CITY PARCEL PROPERTYDESCRIPTION
EXHIBIT
EXHIBIT B
Parcels 1 and 2 of Parcel Map 25989 as recorded Parcel
Map Book 169, Pages 58 and 59, Records of Riverside
EXCEPTING therefrom the northerly 259 .10 feet of Parcel feet being
The north line of said northerly 259.10
30 feet southerly and parallel with the center line of
Fourth Street.
ATTACHMENTNO.
12/19/91
8601u/2179/
County
PARCEL "B"
x
DISTRICT PARCEL PROPERTYDESCRIPTI \
EXHIBIT C
PAGES INTERIOR BASEMENTAND
ATTACHED AS
EXTERIOR BASEMEN
ATTACHMENTNO.
12/19/91
8601u/2179/
TWO
\
BASEMENTARE
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EXHIBIT C INTERIOR BASEMENT
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VSE/NORCO
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EXHIBIT C - EXTERIOR EASEMENT
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ATTACHMENTNO. 6 \
GRANT DEED
RECORDINGREQUESTEDBY AND WHEN RECORDEDMAIL TO:
computed on the full value of the conveyed, or is interest or property unincorporated area city of
FOR A VALUABLECONSIDERATION, acknowledged, GRANTOR: receipt of which is hereby [Corporation], a Delaware corporation, Delaware hereby GRANT(S) to the NORCO REDEVELOPMENT AGENCY, a public body, corporate and politic, real property in the City the following described of Norco, County of Riverside, State of California:
See Exhibit attached hereto and made a part hereof
ATTACHMENTNO.
Page .1 of 2
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8601u/2179/
Its.
\
LEGAL DESCRIPTIONOF EACH 0)? PARTICIPANTS PARCEL
PARCEL "1“ {CITY PARCEL)
Parcel 1 of Parcel Map 25989, as recorded Parcel Map Book 169, Pages 58 and 5 9, Records of Riverside County (DISTRICT PARCEL)
Map Book
PARCEL "2"
Parcel 2 of Parcel Map 25989, as 169, Pages 58 recorded in Parcel and 59, Records of Riverside County Map Book
PARCEL "3" (HOUSING PARCEL)
Parcel 3 of Parcel Map 25989, as 169 recorded Pages 58 and 59, Records of Riverside County ATTACHMENTNO.
12/19/91
8601u/2179/
in Parcel
EXHIBIT A
conveyed
This
by
is
the
to certify
Grant
that the interest in real property Deed dated from the Starr Management , 1992 Corporation, a Delaware corporation, politic,
to the Norco
(the Redevelopment "Agency"), Agency, a public body corporate and officer or agent on
is hereby accepted by the undersigned behalf of the Agency pursuant to authority consents to recordation
. , 199_ and the Agency as Grantee thereof by its duly authorized officer ATTACHME NO. 12/19/91
8601u/2179/
\
DEED AUTHORI ZAT I 0N
STATE OF CALIFORNI
A
COUNTYOF RIVERSID
On this day of
, 199_, before me,
personally
the undersigned,
appeared
a Notary Public in and for said State,
and acknowledged to me that said Agency executed it.
ATTACHMENTNO. 12/19/91
eso1u/2179/
( SEAL)
RECORDINGREQUESTEDBY
AND WHENRECORDEDMAIL TO
AND HAIL TAX STATEMENTST0:
ATTACHMENTno. 7
AGENCYGRANTDEED
)
)
)
)
)
)
)
)
)
[Space above line for recorder's use only.[
AGENCYDEED \
For valuable consideration receipt of which is hereby acknowledged, The NORCOREDEVELOPMENT AGENCY, a public body, corporate and politic, of Redevelopment
the State of California,
Plan, herein
herein called "Grantor" acting to carry out the
Redevelopment Project,
called "Redevelopment Plan” for the Marco
Redevelopment Law
herein called "Project“, under the Community
School District herein
of California, hereby grants to the Corona-Norco Unified referred to as
called "Grantee", the real property hereinafter
incorporated herein,
"Property", described in Exhibit A attached hereto and subject to the existing easements, covenants or record described restrictions and certain easements
there, and reserving in the Grantor those referenced in Sections hereinafter defined). of the "Agreement" (as Redevelopment
City Council of
Plan
the
which
City
was
of Marco
approved and adopted by Ordinance No. of the (the Disposition, Development "Redevelopment Plan"), and a—_— and Shared Use Public Facilities Agreement into between Grantor and the entered Grantee, dated "Agreement"), (the a copy of which is on file with the Grantor at its offices as a
2. The Property is conveyed to grantee at a purchase called "Purchase Price“, price, herein Therefore, Grantee
determined in accordance with the uses permitted. hereby covenants and agrees for itself, its successors, its assigns, such successors
and every
and
successor in interest to the Property that the Grantee, such assigns, shall develop, maintain, and use the ATTACHMENTNO. 7
12/19/91
BGOlu/2179/ Page 250 of 295
3. The Grantee agrees for discriminate upon the basis of itself and any successor in interest not to race, color, creed or national origin in the sale, conveyed
lease,
or any
or
part
rental
thereof.
or in the use or occupancy of the Property hereby Grantee covenants by and for itself, its successors, and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Grantee itself or any person claiming under or through it, discrimination
establish
or
or permit any such practice or practices of segregation with reference to the selection, number, use or occupancy of location, tenants, lessees, sub-tenants, sublessees, or vendees in the Property. The foregoing covenants shall run with the land. covenants
covenants,
relate.
shall have
The
the
Grantor, in the event of any breach of any such
maintain right to exercise all the rights and remedies and to any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
NORCOREDEVELOPMENT AGENC
The Grantee consents to the foregoing
covenants
ATTACHMENNO.
T Page 2 of 4
12/19/91
8601u/2179/
ATTEST:
STATE OF CALIFORN
COUNTYOF RIVERSIDE
on this day of
, 199_ before me, the undersigned, a Notary Public in and for said State,
STATE OF CALIFOR
NIA
COUNTYOF RIVERSID
On
undersigned, a Notary before me, the
appeared Public in and for said State, personally , personally known to me or proved to name is
that he executed
subscribed to the within instrument and acknowledged the same.
WITNESSmy hand and official seal.
ATTACHMENT no, 7
12/19/91
BGOlu/2179/
(SEAL)
Signature of Notary Public
City Council
STAFF REPORT
Date: September 4, 2024 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
From: Lisette Free, Finance Director
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:
Second reading of Ordinance No. 1124: An Ordinance of the City Council of the City of Norco, California, Amending Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 “Fireworks”, Section 9.20.040 “Administrative citation – Issuance” to increase the fine amounts for illegal use of fireworks. Code Amendment 2024-10 RECOMMENDATION:
Ordinance No. 1124: Second Reading, Approval of Amendment of Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 "Fireworks", Section 9.20.040 "Administrative citation - Issuance" to increase the fine amounts for illegal use of fireworks.
SUMMARY:
Proposed for City Council consideration is an ordinance increasing the administrative fine amounts for the illegal use of fireworks to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane.”
BACKGROUND:
Many animals, including dogs and cats, experience sounds at far greater intensity than humans. Fireworks appear for them as discordant noise without warning. Studies and common experience have shown that dogs are afraid of fireworks. Frightened animals, such as dogs, awakened from sleep or startled from a state of relaxation by fireworks, will hide, pace, shake, cry or flee, unable to process what is going on or find a safe haven. Horses’ innate fear responses can take over when they hear fireworks.
In light of the detrimental effect of fireworks on animals, and the fire hazard posed by fireworks, Section 9.20.020 of the Norco Municipal Code prohibits, among other things, fireworks from being “sold, used, stored, discharged, possessed, given away or provided to a minor in any location within the City at all times.” The penalties for administrative citations for violating the fireworks prohibition are $1,000 for violations
relating to “safe and sane” fireworks and $2,000 for violations relating to fireworks that are not “safe and sane.”
Notwithstanding the prohibition on fireworks, people continue to violate City’s fireworks ban by illegally using and discharging fireworks in the City, to the detriment of the City’s animal population and the public’s health and safety. Therefore, to further deter the illegal use of fireworks, it is recommended that the City Council increase the administrative penalty to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane,” as follows:
9.20.040 Administrative citation – Issuance.
(A) Code enforcement officers, peace officers, or building officials shall be considered enforcement officers as defined in Section 1.05.020(B). The City Council or City Manager may designate additional enforcement officers. (B) Whenever an enforcement officer determines that a violation of Section
9.20.020 has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, for each violation found to have occurred.
(C) Notwithstanding the general penalty provisions outlined in Sections
1.04.010 and 1.05.030, administrative citations issued for violations of Section
9.20.020 shall carry penalties of $1,000$2,500 if the fireworks involved were “safe and sane” fireworks as defined in California Health and Safety Code Section 12529.
(D) Notwithstanding the general penalty provisions outlined in Sections
1.04.010 and 1.05.030, administrative citations issued for violations of Section
9.20.020 shall carry penalties of $2,000$5,000 if the fireworks involved are not “safe and sane” fireworks as defined in California Health and Safety Code Section 12529, including, but not limited to, fireworks that are “dangerous” within the meaning of California Health and Safety Code Section 12505.
Alternative No. 1: Approve a second read of an Ordinance increasing the administrative fine amounts for the illegal use of fireworks Alternative No 2.: Do not approve the attached Ordinance.
Staff recommends that the City Council approve Alternative No. 1: Approve a second read of an Ordinance increasing the administrative fine amounts for the illegal use of fireworks.
FISCAL IMPACT:
The increase in administrative fine amounts is anticipated to bring in additional administrative fine revenue; however, the goal of the ordinance is to further deter violations.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #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):
Ordinance 1124 - Fireworks
1 ORDINANCE NO. 1124
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NORCO AMENDING TITLE 9
“FIREWORKS” - SECTION 9.20.040
“ADMINISTRATIVE CITATION - ISSUANCE” OF THE
NORCO MUNICIPAL CODE TO INCREASE
ADMINISTRATIVE FINE AMOUNTS FOR THE
ILLEGAL USE OF FIREWORKS. CODE
AMENDMENT 2024-10
WHEREAS, Some animals, including dogs and cats, experience sounds at far greater intensity than humans. Fireworks appear for them as discordant noise without warning; and
WHEREAS, studies, and common experience, have shown that dogs are afraid of fireworks. Frightened animals, such as dogs, awakened from sleep or startled from a state of relaxation by fireworks will hide, pace, shake, cry or flee, unable to process what is going on or find a safe haven; and
WHEREAS, horses’ innate fear responses can take over when they hear fireworks; and
WHEREAS, in light of the detrimental effect of fireworks on animals and the fire hazard posed by fireworks, Section 9.20.020 of the Norco Municipal Code prohibits, among other things, fireworks from being “sold, used, stored, discharged, possessed, given away or provided to a minor in any location within the City at all times”; and WHEREAS, the penalties for administrative citations for violating the City’s fireworks prohibitions are $1,000 for violations relating to “safe and sane” fireworks and $2,000 for violations relating to fireworks that are not “safe and sane”; and WHEREAS, notwithstanding the City’s prohibition on fireworks and administrative fines, people continue to violate the City’s fireworks ban by illegally using and discharging fireworks in the City, to the detriment of the City’s animal population and the public’s health and safety; and
Ordinance 1124 Increasing Penalty for Fireworks
2 WHEREAS, to further deter the illegal use of fireworks, the City Council desires to increase the administrative penalty to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane.” NOW, THEREFORE, the City Council of the City of Norco does hereby ORDAIN as follows:
Section 1. Section 9.20.040 is amended to read as follows:
9.20.040 Administrative citation – Issuance.
(A) Code enforcement officers, peace officers, or building officials shall be considered enforcement officers as defined in
Section 1.05.020(B). The City Council or City Manager may designate additional enforcement officers.
(B) Whenever an enforcement officer determines that a violation of Section 9.20.020 has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, for each violation found to have occurred.
(C) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $2,500 if the fireworks involved were “safe and sane” fireworks as defined in California Health and Safety Code Section 12529.
(D) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $5,000 if the fireworks involved are not “safe and sane” fireworks as defined in California Health and Safety Code Section 12529, including, but not limited to, fireworks that are “dangerous” within the meaning of California Health and Safety Code Section 12505.
Section 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
Ordinance 1124 Increasing Penalty for Fireworks
3 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on September 4, 2024.
_____________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance 1124 Increasing Penalty for Fireworks
4 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 August 21, 2024 and thereafter at a regular meeting of said City Council duly held on September 4, 2024, it was duly passed and adopted by the following vote of the City Council.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 4, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: September 4, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Approval of a 3-year contract for professional public works inspection services RECOMMENDATION:
Approve and award a 3-year contract to Z&K Consultants, Inc. to provide professional inspection services for the Public Works Department for fiscal year 2024-25 through 2026-27 in an amount not to exceed $550,000 annually.
SUMMARY:
Inspectors are a critical element in the oversight of capital improvement projects and general permits for work in the public right-of-way. The City utilizes contract inspection services for full-time inspection and for one-time project specific needs. The previous inspection services contract has expired, and Public Works would like to renew the inspection services provided by Z&K Consultants. Council is being asked to approve a 3-year professional services contract with Z&K Consultants, Inc. to provide staffing for public works inspection services.
BACKGROUND:
The Public Works Department has been using one full-time contract inspector from Willdan and Z&K Consultants for public works related capital projects and for daily encroachment permit services. Public Works recently became aware the current inspection agreements have expired and inquired with both vendors for updated costs proposals for the next three years. Willdan and the City were unable to come to an agreement for an acceptable hourly rate and therefore stopped using Willdan's inspectors on August 16th. Z&K Consultants was able to provide a reasonable increase of 3% to prior years rate and 3% annually for the term of the agreement (see attached proposal). Public Works has determined Z&K Consultants, Inc. is able to provide an additional qualified inspector immediately to replace the Willdan inspector.
FISCAL IMPACT:
The cost to fund two contract inspectors is already budgeted in the Public Works Operations Budget and as part of each project listed in the Public Works Capital Improvement Projects Budget. Staff estimates at least 50% of the annual cost for inspection will be funded through capital projects.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of the inspection services contract is consistent with Strategic Plan Goals No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders and No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Z&K Labor Rate Schedule
Z&K Contract 2024