CITY OF NORCO CITY COUNCIL REGULAR MEETING MINUTES Wednesday, January 17, 2018 City Council Chambers, 2820 Clark Avenue, Norco, CA 92860

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1 CITY OF NORCO CITY COUNCIL REGULAR MEETING MINUTES Wednesday, January 17, 2018 City Council Chambers, 2820 Clark Avenue, Norco, CA CALL TO ORDER: ROLL CALL: 6:02 p.m. Present: Ted Hoffman, Mayor Robin Grundmeyer, Mayor Pro Tem Kevin Bash, Council Member Berwin Hanna, Council Member Greg Newton, Council Member M/S HANNA/BASH to add one anticipated litigation item and a second item under Conference Real Property Negotiation by urgency to Closed Session. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE The City Council recessed to Closed Session (Section 54954) to consider the following matters: CLOSED SESSION: Conference Real Property Negotiation Property: APNs , City Negotiator: City Manager Andy Okoro Under Negotiation: Price and Terms Property: APNs , 011; , 003; City Negotiator: City Manager Okoro, Deputy City Manager Petree Under Negotiation: Price and Terms (c) Conference with Legal Counsel Existing Litigation Grady Wofford v. The City of Norco County of Riverside, Case Number MVS (c) Conference with Legal Counsel Anticipated Litigation One Case RECONVENE PUBLIC SESSION: 7:12 p.m.

2 City Council Minutes, Regular Meeting Page 2 January 17, 2018 REPORT OF ACTION(S) TAKEN IN CLOSED SESSION (City Attorney) City Attorney Harper indicated there was no reportable action from Closed Session. PLEDGE OF ALLEGIANCE: INVOCATION: INTRODUCTION: PROCLAMATION: Mayor Hoffman Pastor Phil Wozniak, Grace Fellowship Church Michael Rios, Western Riverside Council of Governments Fellow Law Enforcement Appreciation Month Mayor Hoffman presented a Proclamation to Lt. Eric Briddick recognizing law enforcement officials of the Norco Sheriff s Department for their dedication and service to the community. RECOGNITION: Norco Cougars Micro Division 2 Southern California Junior All American Football Super Bowl Champions Mayor Hoffman presented certificates to players, coaches, and cheerleaders for the exceptional performance of the undefeated Norco Cougars Micro D2 team and their ultimate accomplishment as the Southern California Junior All American Football Conference Super Bowl Champions. BUSINESS APPRECIATION HONOREE: Hidden Valley Golf Club & Villa Amalfi Ristorante Mayor Hoffman and Economic Development Advisory Council Vice Chair Scott da Rosa presented a certificate to Hidden Valley Golf Club and Villa Amalfi Ristorante for their hospitality investments that enhance the community s quality of life and make Norco an inviting destination for visitors. CITY COUNCIL BUSINESS ITEMS: 1. CITY COUNCIL COMMUNICATIONS / REPORTS ON REGIONAL BOARDS AND COMMISSIONS: Council Member Hanna: Attended a meeting of the Riverside Transit Agency and serves as Chairmain of the Budget and Finance Committee. He commented on a new bus route from San Bernardino to Disneyland and some points in between. Attended a meeting of the Riverside County Transportation Commission (RCTC) and commented that the I-15 Express Lanes Project is underway. RCTC staff has been working closely with horse groups on the trail closures needed as a result of the project.

3 City Council Minutes, Regular Meeting Page 3 January 17, 2018 Mayor Pro Tem Grundmeyer: Attended the League of California Cities Riverside County Division meeting in Rancho Mirage. Council Member Bash: Attended a meeting of Western Riverside Council of Governments. Attended a meeting of the Riverside Conservation Authority of Western Riverside County. Attended a Veterans Memorial Committee meeting. Attended the Norco Area Chamber of Commerce meeting today at SilverLakes. Council Member Newton: Attended a meeting of the Chino Basin Desalter Authority Board and is serving as Chairperson. Attended the Horsetown Hall of Fame event on January 13 th held at Stacey Turner Training Stables. Mayor Hoffman: Deferred time to Deputy City Manager Brian Petree to provide update on the League of Agricultural & Equine Centers Symposium held in the City. Deputy City Manager Petree indicated that the League visited various equestrian venues in California but the Annual Footing Academy was held at the George A. Ingalls Equestrian Event Center. Twenty-three states were represented at the academy and symposium. The symposium, consisting of classes and various educational platforms, was held at SilverLakes, and included a presentation by NART. The academy and symposium were a great opportunity to showcase Norco. 2. CITY COUNCIL CONSENT ITEMS: Council Member Newton pulled Item 2.C., 2.E. and 2.L. Council Member Bash pulled Item 2.I. and also requested to pull Item 2.L. M/S GRUNDMEYER/HANNA to approve the remaining Consent Calendar Items as presented. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE A. City Council Regular Meeting Minutes of December 20, Action: Approved the City Council regular meeting minutes. (City Clerk) B. Procedural Step to Approve Ordinance after Reading of Title Only. Action: Approved. (City Clerk) C. Recap of Action Taken by the Planning Commission at its Meeting Held on January 10, Pulled for discussion. (Planning Director)

4 City Council Minutes, Regular Meeting Page 4 January 17, 2018 D. Acceptance of the Installation of the Sound Equipment for the Clark Arena Project as Complete. Action: Accepted the installation of the sound equipment for the Clark Arena Project as complete and authorized the City Clerk to file a Notice of Completion with the County Clerk s Office. (Deputy City Manager/Director of Parks, Recreation and Community Services) E. Acceptance of Bids and Award of Contract for the North Drive Monument Sign Project. Pulled for discussion. (Director of Public Works) F. Resolution Increasing Revenue, Appropriation and Expenditure from the Fiscal Year 2017 Emergency Management Performance Grant (EMPG) Program in the Amount of $19,822 for Emergency Operations Center (EOC) Upgrades. Action: Adopted Resolution No , accepting EMPG funds in the amount of $9,911 and agreed to match with a contribution of $9,911 for upgrades and enhancements to the EOC. (Battalion Chief) G Sanitary Sewer System Management Plan Audit. Action: Received and filed the City of Norco s 2017 Sewer System Management Plan Audit as required by State Order (Director of Public Works) H. Approval of Amendment No. 1 to the Service Agreement for Preliminary Engineering and Environmental Documentation by and between the County of Riverside, the Riverside County Transportation Commission, the City of Eastvale, and the City of Norco for Hamner Avenue Bridge Improvements. Action: Approved Amendment No. 1 to the Service Agreement for preliminary engineering and environmental documentation by and between the County of Riverside, the Riverside County Transportation Commission, the City of Eastvale, and the City of Norco for Hamner Avenue Bridge improvement. (Director of Public Works) I. Request for a 12-Month Extension of Time for Tentative Tract Map (Dallape). Pulled for discussion. (Planning Director) J. Quarterly Investment Report for Quarter Ended December 31, Action: Received and filed the Quarterly Investment Report for the quarter ended December 31, (Finance Officer) K. Report on Fiscal Year 2017 Audited Financial Reports. Action: Received and filed the Fiscal Year 2017 Audited Financial Reports. (Finance Officer) L. Extension of Escrow Period for the Sale of City-Owned 3.31 Acres of Vacant Real Property Parcel Located in the City of Eastvale, California. Pulled for discussion. (City Manager)

5 City Council Minutes, Regular Meeting Page 5 January 17, ITEM(S) PULLED FROM CITY COUNCIL CONSENT CALENDAR 2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on January 10, (Planning Director) Council Member Newton complimented staff for thinking outside of the box regarding the Woodsprings Hotel project. Staff was able to add horse trailer parking by the retention basin to increase the City s equestrian use. M/S NEWTON/BASH to receive and file the recap of actions taken by the Planning Commission at its meeting held on January 10, The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 2.E. Acceptance of Bids and Award of Contract for the North Drive Monument Sign Project. (Director of Public Works) Council Member Newton complimented Director Blais on the layout of the bid analysis. Council Member Newton said he reviewed RKA s designs and asked Director Blais to have RKA look at the structural details, which he said could be lightened up in regards to concrete steel and that there is a possibility of value engineering. Council Member Newton said that with the money saved on the value engineering, he suggested staff paint the block wall on North Drive. Council Member Bash indicated that the wall may not belong to the City. Director Blais said he would have to check to see if the wall is the responsibility of the adjoining property owners. M/S NEWTON/BASH to accept bids submitted for the construction of a City monument sign at the intersection of North Drive and Crestview Drive, award a contract to A Good Sign & Graphics Co. in the amount of $56,610, and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 2.I. Request for a 12-Month Extension of Time for Tentative Tract Map (Dallape). (Planning Director) Council Member Bash indicated concerns about enforcing the conditions regarding the height of the wall where the project site abuts properties. Director King indicated that each resident will have a minimum 6-foot wall and that staff will have the final map as a reference to make sure the conditions are adhered to.

6 City Council Minutes, Regular Meeting Page 6 January 17, 2018 M/S BASH/NEWTON to adopt Resolution No , approving the extension of time for recording a final map for Tentative Tract Map with a new expiration date of February 3, The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 2.L. Extension of Escrow Period for the Sale of City-Owned 3.31 Acres of Vacant Real Property Parcel Located in the City of Eastvale, California. (City Manager) Council Member Newton expressed concern about the way the amendment is written, which gives the impression that if the Delhi Sands Flower-loving fly is found on the property, the buyer will be able to walk away from this deal. Council Member Newton also noted that the escrow was already extended and the City hired a realtor to assist with the City and the buyer with the entitlements, and therefore doesn t see the need to extend for another year. City Manager Okoro indicated that the City has been trying to sell this property since The property is landlocked that is underneath Southern California Edison powerlines. Previous attempts to sell the property were unsuccessful. The current buyer is trying to use this property as part of a bigger distribution center they are trying to build. Meanwhile, the buyer is trying to overcome environmental issues. The broker that was hired to assist the City did not have any responsibilities to secure entitlements; it is up to the buyer to secure those entitlements. City Manager Okoro stated that if escrow does not close, then the extra deposits will be the City s money to keep. Council Member Bash suggested a 6-month extension. City Manager Okoro indicated that the environmental issues are expected to be in process until September 2018 and then another three months, approximately, is needed to secure entitlements. City Attorney Harper indicated that there are no other buyers in line for the property. The environmental issue would still be in place for any other potential buyer. Council Member Newton disagreed stating it appears to be a stall technique. The buyer still has to secure entitlements so why would the buyer front over $500,000 for this property to the City of Norco when the buyer can simply ask for an extension for $5,000. M/S NEWTON/BASH to disapprove the extension of time for recording a final map for Tentative Tract Map The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, NEWTON, HOFFMAN NOES: HANNA ABSENT: NONE ABSTAIN: NONE

7 City Council Minutes, Regular Meeting Page 7 January 17, PUBLIC COMMENTS: Bonnie Slager invited the public to attend the Norco Horsemen s Association meeting on January 18th, 7pm at the American Legion, in which City Manager Andy Okoro and City Clerk Cheryl Link will present information on districting. Also, Norco Horsemen s Association is hosting the Norco Community Town Hall meeting on Monday, January 22 nd at Nellie Weaver Hall, beginning at 6:30pm. Ms. Slager also mentioned that Norco Horsemen s Association has been working on the trails on California Avenue between North Drive and Eighth Street. Justin DeWaele provided a legislative update from Assembly Member Sabrina Cervantes office. The 2018 legislative session has been underway for about two weeks. AB 162 makes more small businesses eligible for a state tax cut by redefining small business for the purposes of the California Competes Tax Credit Program to businesses with 50 or fewer full-time employees. AB 91 makes carpool lanes in Riverside County open to all vehicles during off-peak traffic hours. AB 193 establishes a program to provide rebates for the purchase of used clean cars. Mr. DeWaele indicated that the Assembly Member is introducing new legislation. AB 1746 will make it easier to prosecute crimes related to sex trafficking. AB 1786 will create an articulation platform for Community Colleges to more easily transfer military service to academic credit. Bill Naylor indicated that many volunteers in the community have been pushing hard to get trail fencing repaired along California Avenue. There is an interest to continue the work along California Avenue to Sixth Street. Mr. Naylor said more volunteers are needed. 5. PUBLIC HEARINGS: A. Public Hearing No. 3 Regarding Potential District Boundaries Relating to the Transition from At-Large to District-Based Council Member Elections. (City Attorney) City Attorney John Harper indicated this is the third public hearing to discuss the transition to district-based election, but the first hearing in which maps have been drawn and made available for public comment. Dr. Justin Levitt of National Demographics Corporation presented a summary of the California Voting Rights Act. He commented that both the Green map and the Purple map fall under the 10 percent maximum population deviation and the requirements of the Federal Voting Rights Act. On both maps, District 5 contains about 32 percent Latino by eligible voting population. Each of the other districts is under 20 percent Latino by eligible voting population. The concentration of Latino voters in the southern end of the City were kept together to avoid diluting that vote. District 4 has about a 20 percent Asian-American by eligible voting population. Three of the districts touch Hamner Avenue to get as much representation of the commercial corridor as possible. With these maps, Districts 2 & 5 would be up in 2018, and Districts 1, 3, & 4 would be up in 2020.

8 City Council Minutes, Regular Meeting Page 8 January 17, 2018 In response to Council Member Bash, Dr. Levitt said that Norco is not alone in size. He commented that the City of Tehachapi was forced to transition to district elections, with a population of only 9,000, excluding the prison. Council Member Bash expressed concern about the Press Enterprise article. Council Member Bash said that Norco has never had a segregated school, did have the first Hispanic Superintendent of Schools in the State, and first Hispanic City Manager in the State. Council Member Bash said he was with the understanding that the Asian-American population was a non-issue, that the district boundary lines were based on the Latino population. He also was concerned about the gerrymandering of the maps. Mayor Hoffman reported that he and Mayor Pro Tem Grundmeyer participated in a conference call with Doug Johnson of NDC, along with the City Manager and the City Clerk, regarding communities of interest in the City. Mayor Hoffman opened the public hearing and requested the presence of those wishing to speak on this matter. Larry Eckhoff expressed that he is completely opposed to districting. Mr. Eckhoff referenced the Press-Enterprise article in which the reported indicated that the majority of the comments made at a previous Council meeting were against districting and were made by white speakers. Mr. Eckhoff said he and his wife prepare comments as a team, and she is 100 percent Puerto Rican. Pat Overstreet provided a sample map for the Council and demographer to review. Ms. Overstreet said she dislikes gerrymandering. Jodie Webber said she had the opportunity to go through public comments and so far no one has expressed opinions in favor of districting. Ms. Webber indicated that comments she has received from the public state that the maps were distinctly were drawn where each council member would be in a separate district. At the State level, looking at incumbent s resident locations was specifically prohibited. Ms. Webber expressed dissatisfaction with the population deviation. She said that the ideal population deviation is less than 2% and contended that the population deviation on the Green map is unacceptable. Dr. Levitt said that there is no legal definition of gerrymandering; it simply refers to a map you don t like. In reference to population deviation, Ms. Webber is correct with the State requirements, which are tighter than the requirements for local jurisdictions. Local jurisdictions are given a 10% deviation, which is not given to State congressional districting. The other issue is that census blocks cannot be divided, because assumptions cannot be made about where people live in those census blocks. For example, seven people in Norco is about a one-tenth of one percent deviation which can be only one or two houses. Dr. Levitt also commented on the two standards for which the Federal Voting Rights Acts states must be used in drawing maps. The first is drawing the majority protected class district. The second standard is non-dilution. If there is a cohesive community somewhere in the jurisdiction that represents a clear neighborhood or area, then it cannot be divided. The Asian-American area in District 4 is one census block which cannot be divided.

9 City Council Minutes, Regular Meeting Page 9 January 17, 2018 With no one else wishing to speak, Mayor Hoffman closed the public hearing. Council Member Bash expressed concern that splitting up the City may facilitate the end of the City s lifestyle. Council Member Bash suggested the Council send a letter to Senator Roth and Assembly Member Cervantes demanding their help or to make them aware of what is happening in Norco. He urged the importance of engaging State officials. Council Member Newton concurred with Council Member Bash, but a workable map is still needed. He commented on the Green and Purple maps, which were preliminarily drawn so that each elected official would be in a separate district. Council Member Newton suggested moving boundaries so that more districts share the business corridor on Hamner Avenue. Mayor Pro Tem Grundmeyer shared her districting experiences when the Corona-Norco Unified School District transitioned to district elections. She expressed appreciation for the level of public interest in Norco s transition to district election. The comments received thus far reflect that everyone is overwhelmingly on the same page. Mayor Pro Tem Grundmeyer reported on her telephone conference with NDC and how she expressed her disappointment with the Green and Purple maps as they are not very different. She was expecting more varying options that the public could consider. She also mentioned that communities of interest were not included. Mayor Pro Tem Grundmeyer concurred with Council Member Bash in that legislators should be able to help Norco and asked why there hasn t been a piece of legislation presented to protect cities from processes that they don t need to be going through. Council Member Hanna expressed that districting will be the beginning of the end of Horsetown USA. He concurred to seek help from the legislators. Mayor Hoffman said that the California Voting Rights Act started with good intentions. It first applied to cities with populations of 100,000 or more; now it applies to all cities. Mayor Hoffman said that the public and Council need to consider how much the City can afford to give of public funds to Shenkman & Hughes if the City were to litigate. Public Hearing No. 4 will be held at a City Council Special meeting scheduled for Wednesday, January 24, 2018 at Nellie Weaver Hall. Mayor Hoffman recessed the meeting at 9:33 p.m. and reconvened the meeting at 9:40 p.m. B. Ordinance No. 1030, First Reading. An Ordinance of the City Council of the City of Norco to update the Norco Municipal Code Chapter Accessory Building Use Permits to incorporate recommended changes from the City Council Update Report of November 1, 2017; Zone Code Amendment (Planning Director) Director King reported that the City Council appointed the Accessory Building Ad-Hoc Committee that resulted in the adoption of three Ordinances approving Zone Code Amendment ; Specific Plan Amendment (Norco Hills Specific Plan) Amendment 9; and Specific Plan 99-01(Norco Ridge Ranch Specific Plan) Amendment 7;

10 City Council Minutes, Regular Meeting Page 10 January 17, 2018 amending the application review process and regulations for accessory buildings. In its approval the City Council requested an update/follow-up report on the new regulations to determine how they were working. The update report was provided to the City Council on October 4, 2017, and then continued to November 1, 2017 for clarification of changes that the City Council determined were needed. The issues and questions that were presented to the City Council on October 4 were taken from comments, complaints, and questions received by staff, from the public, City Council, Planning Commission, and other staff, since the new regulations went into effect. Director King stated that the Ordinance for Zone Code Amendment would amend Chapter and so would apply to all three categories of accessory building permits ( Large Animal, Large Vehicle, and All Others ) that relate back to Chapter for design regulations. In response to Council Member Newton, Director King indicated that the new applications have been working well and the new regulations have allowed for a smoother review process by the Planning Commission. Mayor Hoffman opened the public hearing and requested the presence of those wishing to speak on this matter. With no one wishing to speak, Mayor Hoffman closed the public hearing. M/S BASH/HANNA to adopt Ordinance No for first reading and schedule the second reading for February 7, The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 6. CITY COUNCIL / CITY MANAGER / STAFF COMMUNICATIONS: Mayor Hoffman said that he was recently contacted by two community groups. The Norco Fair Committee indicated that there would not be a Labor Day parade this year. The Horseweek Committee stated the same about the Horseweek Parade. Mayor Hoffman requested that staff provide a report at the next Council meeting regarding funding for the all parades. M/S BASH/HANNA to agendize discussion regarding funding for all parades. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE City Clerk Link reminded the public that the next Norco Community Town Hall meeting will be held on Monday, January 22 at Nellie Weaver Hall hosted by the Norco Horsemen s Association. Several important topics will be discussed such as the City s transition to

11 City Council Minutes, Regular Meeting Page 11 January 17, 2018 district-based elections, the Hamner Avenue Bridge Project, and the I-15 Express Lanes Projects. There will be legislative updates from Senator Roth s Office and Assembly Member Cervantes Office, as well as presentations from Southern California Edison and Western Riverside Council of Governments. Council Member Bash requested a report on SB 35 to discuss how it will affect the City. City Manager Okoro indicated that he and Planning Director King are working on providing a synopsis of all the housing legislation. Council Member Newton asked City Manager Okoro to give the Council a follow-up report on the issues on the Snow Property in regards to flood control. City Manager Okoro indicated that there have been no major changes from when the report was presented to the Council late last year. Director Blais said he would draft an update for the Council. Council Member Newton expressed concern about continued trash in the public right-ofway. He gave examples of discarded furniture and household items on Fifth Street from Corona Avenue to Valley View Avenue. Council Member Newton urged the Director of Public Works to train field employees to get the items off the public right-of-way. He also requested staff develop a program and/or guidelines to address illegal dumping and keeping it off the streets. Finance Officer Schuchard commented on the upcoming refunding bonds for CFD 97-1, which could potentially provide annual savings of over $300 per parcel. Lt. Briddick reported on the New Years Eve fireworks enforcement. Several months ago, the Sheriff s Department and City staff began the educational campaign that there would be zero tolerance on fireworks. The zero tolerance approach is to maintain the quality of life as well as the sanity of the animals. There was an intense approach to educate through various platforms. For the enforcement, at midnight many fireworks went off at the same time which made it difficult to get to all. There were 14 calls for service. Of those, the Sheriff s Department issued three citations. One citation was for $2,000 and the other two for $1,000 each. ADJOURNMENT Mayor Hoffman adjourned the meeting at 10:04 pm in memory of resident Tony Smith. Cheryl L. Link, CMC, City Clerk Attachment: Exhibit A Public Comments submitted to the City Clerk s Office regarding district-based elections

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