CITY OF NORCO CITY COUNCIL REGULAR MEETING MINUTES Wednesday, City Council Chambers, 2820 Clark Avenue, Norco, CA 92860 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 The City Council recessed to Closed Session (Section 54954) to consider the following matters: CLOSED SESSION: 54956.9(c) Conference with Legal Counsel Anticipated Litigation One Case 54956.9(c) Conference with Legal Counsel Existing Litigation Robert Franck v. City of Norco WCAB Case Nos. ADJ8542806, ADJ346129 RECONVENE PUBLIC SESSION: 7:08 p.m. REPORT OF ACTION(S) TAKEN IN CLOSED SESSION - 54957.1 (City Attorney) City Attorney John Harper indicated that there was no reportable action from Closed Session. PLEDGE OF ALLEGIANCE: INVOCATION: BUSINESS APPRECIATION HONOREE: Council Member Greg Newton Pastor Dick Hilleary, Word Faith Fellowship Church Browning Automotive Group Mayor Hoffman and Economic Development Advisory Council Member Mike Ryan presented a certificate to Browning Automotive Group. General Manager Chris Muller accepted the certificate, which recognized the company s investment in Norco and longterm partnership with the City, as well as its generous, enthusiastic support of local events.
Page 2 CITY COUNCIL BUSINESS ITEMS: 1. CITY COUNCIL COMMUNICATIONS / REPORTS ON REGIONAL BOARDS AND COMMISSIONS Council Member Hanna: Reported on Riverside County Transportation Commission s continued I-15 information workshops for the public. The next workshop is scheduled on February 28, 2018, at Eagle Glen Golf Club in Corona. Attended a Northwest Mosquito Vector Control meeting and reported on a new strain affecting dogs called the H3N2 strain, humans cannot catch it. Mayor Pro Tem Grundmeyer: No report given. Council Member Newton: Acknowledged Lt Briddick and Deputies Darryl Robertson and Matt Faucher, and deferred his time to Lt. Briddick to share information on a recent incident in Norco. Lt Briddick shared details regarding a potential terrorist incident that occurred on February 19, 2018, which was a holiday for many, including Norco College. A potential threat to the local college was reported. The threat concerned a Norco resident, who made comments on Facebook. The Department called upon many available resources, including the FBI, to assist with the investigation. The quick actions resulted in a search warrant being served and the subject was arrested without incident. Many fire arms were found at the residence. The case has been referred to the District Attorney for prosecution on making terrorist threats and unlawful possession of firearms. Lt. Briddick commended Deputies Robertson and Faucher for their tenacity in getting results. Council Member Bash: Attended the Norco Area Chamber of Commerce Luncheon and encouraged all to attend future meetings, adding that the Chamber is doing good job. Announced the Norco High School ROTC 12 th Annual Military Ball scheduled on May 12, 2018 at Nellie Weaver Hall. Shared information on a special event for Norco College, Dinner with the President Reece, scheduled on April 19, 2018 at 5:30 p.m. at SilverLakes Attended an equestrian event at SilverLakes during the weekend of February 17, 2018, and reported there were over 100 horses/participants, which was very impressive. Mayor Hoffman: Met with Congressman Ken Calvert and his staff, along with Mayor Pro Tem Grundmeyer and City staff. During the meeting he shared the story of the terrorist incident, and discussed funding from the Federal Government for kids, the California Voting Rights Act, the placement of the Norconian property on the National Register of Historic Places, and grant funding for a water initiative for the City.
Page 3 Announced Norco High School s Gala for its 50 th Anniversary on March 24, 2018. Attended a meeting at the California Rehabilitation Center, and reported that the State has decided to audit the oldest 12 prisons in California to determine if they should keep the locations open or closed. A report should be available in December 2018. Attended a Mayors meeting with the League of California Cities, where discussions included CalPERS, districting changes, parks and water funding bills, and upcoming items on the June ballot such as Prop 69. 2. CITY COUNCIL CONSENT ITEMS: Council Member Newton pulled Items 2.C. and 2.F. Council Member Bash pulled Item 2.E. M/S NEWTON/BASH 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 Special Meeting Minutes of January 24, 2018, and the Regular Meeting Minutes of February 7, 2018. Action: Approved the City Council special meeting and 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 February 14, 2018. Action: Pulled for discussion. (Planning Director) D. Fiscal Year 2018 Second Quarter Budget Performance Report. Action: Received and filed. (Finance Officer) E. Acceptance of Incredible Edible Community Garden Foundation Tree Grant and Dedication of Bennetta s Healing Grove at Pikes Peak Park. Action: Pulled for discussion. (Deputy City Manager/Director of Parks, Recreation and Community Services) F. Adjustment to Economic Development Consulting Fees. Action: Pulled for discussion. (City Manager) G. Acceptance of Property Dedication at 3327 Hamner Avenue (APN 127-020- 028), Undeveloped Property on Hamner Avenue (APN 127-050-002), 3312 Hamner Avenue (APN 129-220-011), and Undeveloped Property on Hamner Avenue (APN 129-230-053). Action: Authorized the City Manager to accept the dedication of street right-of-way for 3327 Hamner Avenue (APN 127-020-028), undeveloped property on Hamner Avenue (APN 127-050-002), 3312 Hamner Avenue (APN 129-220-011), and undeveloped
Page 4 property on Hamner Avenue (APN 129-230-053); and authorized the City Clerk to record the Grant Deeds and authorize the City Manager to execute the Certificates of Acceptance. (Director of Public Works) 3. ITEM(S) PULLED FROM CITY COUNCIL CONSENT CALENDAR: 2.C. Recap of Action Taken by the Planning Commission at its Meeting Held on February 14, 2018. Action: Pulled for Discussion. (Planning Director) M/S NEWTON/BASH to pull Business Item 4.A., Site Plan 2017-16 (Loza), for appeal, and to receive and file the remaining items on the Recap of Actions Taken by the Planning Commission. 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 Incredible Edible Community Garden Foundation Tree Grant and Dedication of Bennetta s Healing Grove at Pikes Peak Park. (Deputy City Manager/Parks and Recreation Director) Council Member Bash pulled the item to commend the plan, and asked staff for an overview of the project. Deputy City Manager/Parks and Recreation Director Petree provided a summary of the proposed healing garden, and the foundation that brought it to the City. M/S BASH/NEWTON to approve the Incredible Edible Community Garden Foundation Tree Grant and approve the dedication of Bennetta s Healing Grove at Pikes Peak Park. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 2.F. Adjustment to Economic Development Consulting Fees. (City Manager) Council Member Newton stated his concern of the increase requested, and the overall health of the budget, suggesting that additional hours can be pre-approved by the City Manager instead of the increase. He commended Economic Development Consultant Roger Grody for the excellent work he has done for the City. Council Member Bash pointed out that since SilverLakes has opened, property costs have gone up and despite that Mr. Grody has continued to fight to bring more hotels and other lucrative businesses to the City based on Silverlakes. He commented further on the outstanding job Mr. Grody is doing and stated this is a fair compensation for what he does.
Page 5 Mayor Pro Tem Grundmeyer agreed with Council Member Bash on the accomplishments of Mr. Grody, but found it difficult to make financial adjustments in the middle of the fiscal year. She noted that a 10% increase is high and suggested a 3% increase at this time. Mayor Hoffman commended Mr. Grody s past accomplishments, adding that he also facilitates the Historic Preservation Commission. He agreed that this increase is justified. City Manager Okoro praised Mr. Grody s work as being outstanding. He noted that the recommendation is comparable to other consultants, reminding Council that he does not receive a pension or medical benefits from the City. He stated the amount being recommended is very fair and reasonable. M/S BASH/HANNA to approve an adjustment in compensation for Economic Development Consultant. The motion was carried by the following roll call vote: AYES: BASH, HANNA, HOFFMAN NOES: GRUNDMEYER, NEWTON ABSENT: NONE ABSTAIN: NONE 4. PUBLIC COMMENTS: Harvey Sullivan requested that the Council consider placing a review of Mr. Mugar s code violation on a future agenda, stating that he has rectified the issues, but cannot get the entire case closed. He asked the Council to provide for a fair open hearing. Ron Mugar explained his side of the situation, adding that he has been working with code enforcement on the issues. He asked for the Council s consideration to review the case. Bonnie Slager provided an update on the Norco Horsemen s Association s (NHA) continued work on trails throughout the City. She also invited everyone to the NHA Casino Night on March 10, 2018, stating that tickets are still available in advance for $20, and will be $25 at the door; sponsorships are also available. Jim Pollard spoke on the deteriorating trail system in town, stating that the City needs to work toward fixing and replacing trail fences. 5. PUBLIC HEARING: A. Authorize the Issuance of Special Tax Refunding Bonds to Refund the City of Norco Community Facilities District No. 97-1 (Norco Hills) 2005 Special Tax Refunding Bonds for Debt Service Savings. (Finance Officer) Finance Officer Schuchard introduced Anna Sarabian, of Fieldman, Rolapp & Associates, serving as the City s Municipal Financial Advisor, to present the report. Ms. Sarabian provided some history on the Community Facilities District, noting its formation in 1997 and that it contains 217 residential units. She further explained how bonds mature and receive principal twice a year, the steps to be taken to refund the bonds, and how placing it with the bank directly will provide for a better guaranteed rate of return and a higher savings.
Page 6 Council Member Newton, along with the entire Council, commended Ms. Sarabian and Finance Officer Schuchard on a great report, adding that saving the residents money is always a good thing. 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 NEWTON/HANNA to adopt Resolution No. 2018-06, authorizing the Issuance of 2018 Special Tax Refunding Bonds in an aggregate principal amount not to exceed $4,765,000 for the purpose of refunding the City of Norco Community Facilities District No. 97-1 (Norco Hills) 2005 Special Tax Refunding Bonds, and approving an Indenture and an Escrow Agreement, and authorizing other actions in connection therewith. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE 6. CONTINUED PUBLIC HEARING: A. Public Hearing No. 5 Regarding Potential District Boundaries Relating to the Transition from At-Large to District-Based Council Member Elections and First Reading of Ordinance No. 1031, Adding Chapter 2.45, District- Based City Council Member Election System, to the Norco Municipal Code Changing the System of Elections for Members of the City Council from an At-Large Election System to a District-Based Election System and Adopt a Map Describing the Boundaries and Identifying Number for Each Electoral District. (City Attorney) City Attorney John Harper indicated this is the fifth public hearing, it was continued from February 7, 2018, meeting to continue discussions on the transition from at-large election system to district-based election system. Dr. Levitt of National Demographics Corporation presented and reviewed the details of the two new draft maps, Yellow 2 and Yellow 3, which meet basic requirements as the five maps previously presented, with close to identical count of residents. He thanked City Council and staff for the tour of the City provided a couple of weeks ago, which helped with the drafting of the two newest draft maps. He pointed out the differences where the separation lines differed. Mayor Hoffman re-opened the public hearing and requested the presence of those wishing to speak on this matter. Geoff Kahan spoke in opposition to districts, but noted that if one must be chosen he recommended Yellow 2 or Yellow 3. He also suggested that SilverLakes be part of two districts.
Page 7 Antonio Barreto stated that districting would a take away resident s ability of voting for all Council seats, and will be a problem for the city as a whole. He elected that the City fight it. Linda Dixon said that she is adamantly opposed to districting, and recommended that the Council choose to spend money to fight this issue. She stated that the maps are still not right, and was not happy with them. She added that if had to pick one, she suggested Yellow 2 map. She also noted to the Council that if district voting is approved for this year, she and many others will not be able to vote this year. Su Bacon stated that she resents that a decision had already been made. These are threats from bullies on all levels, including by Council, Commissioners and staff. She stated that majority of citizens are against this districting, and all have the right to vote or not, for any Council candidate. Wendie Stevens-Rodriguez presented her findings from other cities with this same issue questioning what would happen if only one individual runs, where is the chance to vote, and the right to vote. Jodie Webber noted the one public comment received in favor of this issue, which makes a lot of assumptions. She spoke against districting, noting that it does not achieve the intended end. She asked what amount is the City willing to spend to keep its way of life. Corinne Holder encouraged the City to fight this. She appreciated the two new draft maps, but noted that it will not create what it is designed to do. Harvey Sullivan spoke against districting, and encouraged Council that whatever amount that has already been spent, to continue to help fight this issue. Rosa Zuniga-Green questioned why a one-district map had not being shown, which she has submitted. She is against districting, noting her concern that districting will break up the community. She stated that the City should consider fighting this. With no one else wishing to speak, Mayor Hoffman closed the public hearing. City Attorney Harper explained the time table as defined in the letter served by Attorney Shenkman, it detailed a fee of $30,000 if districts are adopted, with a 90-day time limit. The deadline for the City to adopt and notify the County of a change, if any, for the 2018 elections, is June 1, 2018. City Manager Okoro detailed the expenditures to date in studying and preparing the draft maps and other documentation by the contracted Demographers consists of the initial cost at $25,000, and for each time the Demographer appears at a Council meeting, beyond the agreement, costs an additional $2,000 per occurrence. Council Member Bash opposed this process. He touched on the history of the City s elections, stating that only a couple of individuals of different ethnic groups have attempted to run for office, one was elected and the other gave up. He shared that many cities that have gone to district-elections still have not produce a Hispanic elected official, so there is
Page 8 no guarantee. Council Member Bash suggested that the Council pick a map, and continue to solve the problem the State says the City has. Dr. Levitt explained what voter polarization is, a report may show that a jurisdiction voting shows discrimination. He added that such an analysis generally is not needed until there is litigation. Council Member Bash requested that a polarization analysis be done for the city. Dr. Levitt estimated approximately 30 days to complete one. Council Member Newton thanked Dr. Levitt for his work. He commented on map Yellow 3 and expressed his appreciation that California Avenue and Crestview Avenue were represented as one. Council Member Newton said he supports moving forward with a study even if a map is chosen. He acknowledged his appreciation to the community for its engagement through this process. Council Member Grundmeyer shared remarks made on Attorney Shenkman s letter alleging wrong doing by the City, including a financial threat. She agreed with the suggestion of a polarized voting report. She understood Norconians wanting to fight and indicated the need to look at the situation strategically in order to proceed with a fight, and protecting the City s lifestyle. Council Member Grundmeyer firmly stated that it is a better fight if we stay united, not divided into districts. The City must take more time to do studies. Council Member Hanna thanked residents who have attended any or all the meetings on this subject and supporting the Council on its review of district voting. He commended the good comments and ideas received, and expressed he liked Yellow 3 map as well. Mayor Hoffman pointed out that even though there are seven maps, none really help any one demographic population, as they are all spread throughout of the City. He made clear that the City needs proper evidence before going to court to fight this issue, based on his past experiences in court, the City must do its due-diligence beforehand. Mayor Hoffman further explained that even if Council selects a map tonight, the ordinance does not have to be approved immediately. Studies are needed, and money will have to be spent for what needs to be accomplished. M/S BASH/HANNA to select Yellow 3 map, direct staff to determine potential options available to give minority voters more participation in elections, direct the demographer to perform an analysis to determine if polarized voting exists in Norco, and bring a report back to Council at a future meeting. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE RECESSED 9:20 PM / RECONVENED 9:30 PM
Page 9 7. DISCUSSION / ACTION ITEMS: A. Mid-Year Amendments to the Fiscal Year 2017-2018 Annual Budgets. (Finance Officer) Finance Officer Schuchard presented the proposed mid-year budget amendments, noting the revisions increase the estimated General Fund adopted revenues by a net amount of $826,770 due to projected increases in various revenue categories. Expenditures show a decrease by a net amount of $23,241 due to a reduction in anticipated Sheriff expenditures and increase in facility related improvements, software purchases, economic development programs and plan check services. She continued with an overview of the Gas Tax Fund, Park Facilities Fund, and Water & Sewer Fund budgets. Finance Officer Schuchard further reported that this mid-year amendment will help in closing the City s deficit gap. Council Member Newton stated that the overall tax revenue is looking good, but is still concerned with the deficit. He pointed out that funds should be allocated for additional hours for the Building Official due to recent increase with plan checks, and the need to provide a quicker response on plan checks. He commented on the Community Outreach Program as being very beneficial for the residents, and should continue. Council Member Newton indicated that the Economic Development Naming Rights, which asks for an allocation of $65,000 for Phase One, is high and it should be handled in-house by very capable staff. He questioned the decrease in Sheriff Department s funding, in response, Lt. Briddick stated that two positions have not been filled and may not be this fiscal year. Council Member Newton further questioned why the funds were being allocated for Nellie Weaver Hall roof and air conditioner instead of being returned to reserves. He suggested that a move be made to have a sales tax initiative specific to streets, trails and infrastructure. Deputy City Manager Petree explained the dire need for repairs at Nellie Weaver Hall. Units are not working currently, and the current practice of quick temporary fixes no longer is cost effective. Council Member Newton recommended that a portion of rental fees paid should be held for the building s infrastructure instead of borrowing from the reserve. In response to Council Member Bash, Economic Development Consultant Grody explained the Naming Rights option, the Phase One initial $65,000 will create an appraisal of the market and every facility, which is needed in order to pursue this option. The funds can be returned within one year with no obligation to do a second phase. Council Member Bash questioned the financial value of the Wee People program, in response Deputy City Manager Petree clarified that the revenue matches the expenditure. Currently, the registration numbers are down but will go back up with time, which is a normal trend. Council Member Bash agreed with a potential revenue generating measure and that the City needs to find new ways to fund its entire infrastructure. Mayor Pro Tem Grundmeyer asked that the Naming Rights option be brought back as a discussion item to better explain to the Council and the public to clarify its need for the City, as the funds would be well spent. As for Nellie Weaver Hall, she questioned that if the air conditioning unites were such a problem, why was the financial need not brought up at
Page 10 the time of the fiscal budget. In response, Director Petree stated that the systems were working six months ago but are no longer working properly. Mayor Hoffman agreed with Mayor Pro Tem Grundmeyer concerning the Naming Rights option, it should be brought back at the next regular Council meeting for further discussion. He also suggested that additional hours for a Building Official should be reviewed during the budget workshops, as there definitely is a need. As for the Nellie Weaver Hall issue, he firmly stated that the roof must be looked at soon before an awful incident occurs. Director Petree shared that the summer time is when excessive costs are accrued. In response about the financial need for the software used for registration and other rentals, Director Petree explained that the particular current software is not viable. City Manager Okoro answered questions and addressed concerns brought up by the City Council. He commented on General Fund reserves, explaining that although not much has changed financially from the beginning of this fiscal year, the need to review the budget at mid-year is good practice as new information becomes apparent since the fiscal budget is prepared and adopted. He also questioned the need for the Wee People program, questioning if the City should be in that business, as it is not bringing in much revenue. Council Member Newton reiterated the need for additional funding for the Building Official, noting that current increase in funds warrants the expenditure. He also asked staff for a report providing a total cost for all facilities and what funds are used for basic infrastructure. Mayor Hoffman asked to consider additional funding to help Administrator Patty Ireland with the operation of Nellie Weaver Hall, as part-time staff comes and goes, and leaves the Hall without proper staffing. M/S HOFFMAN/BASH to adopt Resolution No. 2018-07, approving various mid-year amendments to the Fiscal Year 2017-2018 annual budgets and authorizing changes in appropriations and revenues thereto, remove the $65,000 Economic Development budget amendment, and direct staff to prepare a report to be brought back for consideration on naming rights option. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE
Page 11 B. Approval of a Memorandum of Understanding between the City of Norco and the Norco Fair Committee. (Deputy City Manager/Director of Parks, Recreation and Community Services) Deputy City Manager Petree presented the staff report on file in the City Clerk s office. He explained that this Memorandum of Understanding (MOU) is specific to Norco Fair only, suggesting that the City becomes a partner with this parade and the other two annual parades so that it does not end. M/S BASH/GRUNMEYER to approve the Memorandum of Understanding between the City of Norco and Norco Fair Committee. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE C. Five-Year Lease and Event Agreement with the Norco Horseweek Committee at the George A. Ingalls Equestrian Event Center. (Deputy City Manager/Director of Parks, Recreation and Community Services) Deputy City Manager Petree presented the staff report on file in the City Clerk s office. Mayor Hoffman noted language being added in the agreement as follows in Section 9, adding Subsection (c) The City shall have the right at its choosing to have a Community Outreach Booth at no fee during any of the annual Horseweek events. Mayor Hoffman invited the appearance of those wishing to speak. Richard Quintero, a member of Charro group, spoke on the group s long tradition to participate in all parades in Norco, stating that they take pride in participating. He questioned that he heard that the City was going to cancel the parades. Mayor Hoffman assured him that this was not the case. Mayor Hoffman brought discussion back to the Council. M/S HANNA/BASH to approve the five-year lease and event agreement with the Norco Horseweek Committee for Norco Horseweek events and parade at the George A. Ingalls Equestrian Event Center. The motion was carried by the following roll call vote: AYES: BASH, GRUNDMEYER, HANNA, NEWTON, HOFFMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE
Page 12 8. CITY COUNCIL / CITY MANAGER / STAFF COMMUNICATIONS In response to Council Member Newton, Public Works Director Blais provided an update on painting of a property wall along North Drive, and on the progress of the North Drive Monument Sign. Council Member Newton inquired about graffiti reporting process, noting an issue on a commercial building at Sixth Street and Valley View Avenue. Mayor Hoffman touched on the request made during Public Comments, to agendize a review of the code case issue, adding that staff and Council must wait for input from the attorneys involved. Finance Officer Schuchard thanked the Financial Advisor, Anna Sarabian, for her assistance and hard work on the tax refunding bonds report, and staff for their hard work on the mid-year amendments report. I.T. Tech Boudreaux shared that a text support scam is currently going on, conveying the importance to not give anyone you do not know access to your computer. City Manager Okoro provided information in response to a concern brought up at the last Council meeting regarding Waste Management. He explained that Waste Management is not required to report back to the Ad-Hoc Committee, only to the City Council, and shared the company s financial commitment to the City in 2017 included contributions to 19 organizations and free services to 22 City facilities. ADJOURNMENT: Mayor Hoffman adjourned the meeting at 11:10 p.m. in memory of Reverend Bill Graham. Diane Germain, Deputy City Clerk Attachment: Exhibit A Public Comments submitted to the City Clerk s Office regarding district-based elections.
Exhibit A Public Comments Regarding District-Based Elections