The following Ordinance will amend Title 9, Chapter 9.07 to include the addition of the Alternative Noise Prohibition using the Reasonable Person Standard, the addition of the new criteria for a single offense of the Ordinance, and an updated Administrative Citation provision that matches the Government Code and revising language for clarity.
The following is a summary of these changes:
- The addition of the Reasonable Person standard provides for an another means of enforcement that is more useful in practical application. It is recommended that the use of a decibel meter remain in the ordinance, in case there is a situation where it is more useful.
- The addition of the new criteria for a single offense of the Ordinance is to establish a definitive standard for what constitutes a new and separate violation. This new criterion clearly establishes that every five minutes of a continuous noise that violates the Ordinance is a new and separate violation. If a noise violator refuses to abide by enforcement's requests to cease the noise source, this means that citations can be written every five minutes, leading to a considerable fine that might deter the most flagrant violators.
- The previous Administrative Citation fine schedule did not match the current Government Code. Fine increments have been updated to match current State law.
This includes updating the fine amount and limiting the fine schedule to one year from the first noise violation. Previously, the fine schedule violations included violations occurring within three years of the violation. With the updated fine schedule, each year the fine schedule will reset and violations from years prior will not determine the current year's violations.
Other changes include updating the language in the Ordinance:
-The definition of "noise" has been removed as the Alternative Noise Prohibition includes a standard for what is considered loud and disruptive noise. -The language in the Section 9.07.050 Sound Level Methodology has been updated to reflect that if this method is used, sound level measurements may be made anywhere.
Previously, sound level measurements could be made anywhere within the boundaries of an occupied property which has brought up safety and Fourth Amendment concerns.
Noise that is audible from a distance of 50 feet from the property line of the noise source will be the new standard. Previously, the standard was 100 feet from the property line.
At the regular City Council meeting held on May 15, 2024, the City Council reviewed the first reading of the Ordinance and unanimously agreed to remove the following subsection to strengthen the enforcement of the violations and penalties. Section
9.07.08, subsection (D) - "The City Manager or his designee may reduce the fines set forth in subsection (B) or (C) of this section in the event he or she finds that the violation is not likely to reoccur, the violator cooperated with enforcement officials in attempting to enforce the provisions of this chapter and resolve the issues giving rise to the violation, the actions of the violator giving rise to the violation were not malicious and were not taken in deliberate disregard of the provisions of this chapter, and the ends of justice would not be served by imposing the full fine."
It is recommended that the new ordinance be adopted. It will provide new and additional tools that will assist with remedying the City's most chronic noise offenders.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This action is consistent with Strategic Plan Direction No. 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, LLC, City Attorney ATTACHMENT(S):
Attachment A _ Ord 1116
Attachment B _ Ord 1116
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 9 “PEACE, SAFETY AND MORALS”, TO APPROVE AMENDMENT 2024-05: A CITYINITIATED PROPOSAL, AMENDING CHAPTER 9.07 – “NOISE REGULATIONS”.
WHEREAS, on January 17, 2024, the City Council requested a discussion and possible amendment to Norco Municipal Code (NMC) Title 9 “Peace, Safety and Morals”, Chapter 9.07 “Noise Regulations”; and
WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to address the definitions and rules related to, in part, to increase the safety and well-being of citizens from loud and unnecessary noise and to be compliant with Government Code; and
WHEREAS, the Code Amendment was scheduled for City Council review on May 15, 2024, on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, the Noise Regulations Code Amendment was duly submitted to the City Council for decision at a public hearing for which proper notice was given; and NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:
SECTION 1: Norco Municipal Code Title 9, Chapter 9.07 “Noise Regulations” is hereby amended to read as follows:
Chapter 9.07
NOISE REGULATIONS
Sections:
9.07.010 Purpose, intent and findings.
9.07.020 Exemptions.
9.07.030 Definitions.
9.07.040 General sound level standards.
9.07.050 Sound level measurement methodology.
9.07.060 Special sound sources standards.
9.07.070 Alternative Noise Prohibition
9.07.080 Violations and penalties.
9.07.090 Duty to cooperate.
Ordinance 1116
June 5, 2024
9.07.010 Purpose, intent and findings.
At certain levels, noise may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council hereby declares that noise shall be regulated in the manner described herein. This code is intended to establish City of Norco standards regulating noise. This code is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act and no such thresholds are hereby established.
9.07.020 Exemptions.
Sound emanating from the following sources is exempt from the provisions of this chapter:
A. Facilities owned or operated by or for a governmental agency; B. Capital improvement projects of a governmental agency; C. The maintenance or repair of public properties;
D. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities; F. Agricultural operations provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile; G. City Sanctioned Events. The provisions of this title shall not apply to those reasonable sounds emanating from occasional public and private outdoor or indoor gatherings that require a City permit, public dances, shows, bands, sporting and entertainment events conducted and in compliance with such permit;
H. City and other public agency sponsored events;
I. Private construction projects involving no more than one unit located within one-quarter of a mile from an inhabited dwelling; provided, that 1. construction does not occur between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday and 7:00 p.m. and 8:00 a.m., on Saturday and Sunday, unless specified by permit;
J. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 8:00 a.m. and 7:00 p.m.; K. Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;
L. Heating, exhaust, and air conditioning equipment;
M. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare; N. The discharge of firearms consistent with all state laws;
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June 5, 2024
O. Sounds produced by any domestic animals and livestock, specifically including dogs and roosters;
P. Construction-related single events or continuous events subject to a permit issued by the City of Norco.
9.07.030 Definitions.
As used in this code, the following terms shall have the following meanings:
A. “Audio equipment” means a television, stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
B. “Decibel (dB)” means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below:
1. “A-weighting (dBA)” means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.
2. “Maximum sound level (Lmax)” means the maximum sound level measured on a sound level meter.
C. “Governmental agency” means the United States, the State of California, Riverside County, City of Norco, any city within Riverside County, any special district within Riverside County or any combination of these agencies.
D. “Land use permit” means a current and valid ministerial permit issued by the City of Norco.
E. “Motor vehicle” means a vehicle that is self-propelled.
F. “Motor vehicle sound system” means a stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
G. “Noise” means any loud, discordant or disagreeable sound.
G. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
H. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
I. “Public property” means property controlled by a governmental agency.
J. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
K. “Sensitive receptor” means a land use that is identified as sensitive to noise in the noise element of the Riverside County general plan, as applicable to the City of Norco, Norco General Plan, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
Ordinance 1116
June 5, 2024
L. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
M. “Sound level meter” means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data.
9.07.040 General sound level standards
No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 or that violates the special sound source standards set forth in Section 9.07.060.
Table 1
Sound Level Standards (dB L max)
Land Use Land Use Designation Name Density
Maximum Decibel Level
7, 8 am—10
pm
10 pm—7, 8
am
Community
Development
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Medium Density Residential 2—5 55 45
Medium High Density Residential 5—8 55 45
High Density Residential 8—14 55 45
Very High Density Residential 14—20 55 45
Highest Density Residential 20+ 55 45
Retail Commercial 65 55
Office Commercial 65 55
Tourist Commercial 65 55
Community Center 65 55
Light Industrial 75 55
Heavy Industrial 75 75
Business Park 65 45
Public Facility 65 45
Ordinance 1116
June 5, 2024
Land Use Land Use Designation Name Density
Maximum Decibel Level
7, 8 am—10
pm
10 pm—7, 8
am
Specific Plan—Residential 65 45
Specific Plan—Commercial 55 55
Specific Plan—Light Industrial 65 55
Specific Plan—Heavy Industrial 75 55
Rural
Community
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Rural
Rural Residential 5 ac 45 45
Rural Mountainous 10 ac 45 45
Rural Desert 10 ac 45 45
Agriculture Agriculture 10 ac 45 45
Open Space
Conservation 45 45
Conservation Habitat 45 45
Recreation 45 45
Rural 20 ac 45 45
9.07.050 Sound level measurement methodology.
If the sound standard being applied is measured in decibels, then sound level measurements pursuant to this section shall be required to establish a violation of this chapter. If the sound standard being applied is not measured in decibels, then sound level measurements are not required to establish a violation of this chapter. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.07.080.
Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually.
9.07.060 Special sound sources standards.
The general sound level standards set forth in Section 9.07.040 apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitutes separate violations of this chapter:
A. Motor Vehicles.
Ordinance 1116
June 5, 2024
1. Off-Highway Vehicles.
a. No person shall operate an off-highway vehicle unless it is equipped with a USDAqualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.
b. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287. Sound level measurements may be used, but are not required to establish a violation of this subsection. (Ord. 979 Sec. 1, 2014)
2. Motor Vehicle Sound Systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than fifty 50 feet from the vehicle. Sound level measurements may be used, but are not required to establish a violation of this subsection.
B. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 50 feet from the power tools or equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.
C. Audio Equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 50 feet from the property line of the property on which the audio equipment is located. from the equipment. Sound level measurements may be used but are not required to establish a violation of this subsection.
D. Sound Amplifying Equipment and Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control:
1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m.
2. Sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 100 50 feet from the property line of the noise source.
Ordinance 1116
June 5, 2024
Sound level measurements may be used, but are not required to establish a violation of this subsection. (Ord. 979 Sec. 1, 2014)
9.07.070 Alternative Noise Prohibition.
Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit, or cause to be made, continued, maintained, or permitted, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any residential neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(a) It shall be a prima facie violation of this section if any noise is audible from a distance of 50 feet from the property line of the noise source or from a distance of one hundred feet from any nonstationary noise source.
(b) The determination that a noise violates this section may be made by a peace officer or may be proven by the testimony of any other person.
9.07.080 Violations and penalties.
A. Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to the enforcement provisions set forth in Title 1, including Chapter 1.04, General Penalties; Chapter
20.40, Enforcement and Penalties; Chapter 3.34, Civil Penalties; or Chapter 18.48, Enforcement, Legal Procedures and Penalties.
B. Every five minutes of continuous noise that violates this chapter constitutes a new and separate violation. Every new noise that violates this chapter constitutes a new and separate violation.
C. The fine schedule for a violation of this chapter enforced pursuant to Government Code Article 1, General Chapter 1.04, General Penalties, shall be in the amount of:
(1) A fine not exceeding one hundred dollars ($100) Two hundred dollars for a first violation.
(2) A fine not exceeding two hundred dollars ($200) Four hundred dollars for a second violation of the same ordinance within one year within three years of the first violation. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. Six hundred dollars for a third violation occurring within three years of the first violation.
D. The fines set forth in subsection (C) of this section may be modified by a resolution of the City Council establishing an administrative citation schedule not to exceed $1,000 per violation and which may include increased fines for repeat violations and penalties.
D. The City Manager or his designee may reduce the fines set forth in subsection (B) or (C) of this section in the event he or she finds that the violation is not likely to reoccur, the violator cooperated with enforcement officials in attempting to enforce the provisions of this chapter and resolve the issues giving rise to the violation, the actions of the violator giving rise to the violation were not malicious and were not taken in deliberate disregard of the provisions of this chapter, and the ends of justice would not be served by imposing the full fine.
Ordinance 1116
June 5, 2024
9.07.090 Duty to cooperate.
No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9.07.080 when they are engaged in the process of enforcing the provisions of this chapter.
This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.
SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.
SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City of
Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance 1116
June 5, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 9 “PEACE, SAFETY AND MORALS”, TO APPROVE AMENDMENT 2024-05: A CITYINITIATED PROPOSAL, AMENDING CHAPTER 9.07 – “NOISE REGULATIONS”.
WHEREAS, on January 17, 2024, the City Council requested a discussion and possible amendment to Norco Municipal Code (NMC) Title 9 “Peace, Safety and Morals”, Chapter 9.07 “Noise Regulations”; and
WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to address the definitions and rules related to, in part, to increase the safety and well-being of citizens from loud and unnecessary noise and to be compliant with Government Code; and
WHEREAS, the Code Amendment was scheduled for City Council review on May 15, 2024, on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, the Noise Regulations Code Amendment was duly submitted to the City Council for decision at a public hearing for which proper notice was given; and NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:
SECTION 1: Norco Municipal Code Title 9, Chapter 9.07 “Noise Regulations” is hereby amended to read as follows:
Chapter 9.07
NOISE REGULATIONS
Sections:
9.07.010 Purpose, intent and findings.
9.07.020 Exemptions.
9.07.030 Definitions.
9.07.040 General sound level standards.
9.07.050 Sound level measurement methodology.
9.07.060 Special sound sources standards.
9.07.070 Alternative Noise Prohibition
9.07.080 Violations and penalties.
Ordinance 1116
June 5, 2024
9.07.090 Duty to cooperate.
9.07.010 Purpose, intent and findings.
At certain levels, noise may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council hereby declares that noise shall be regulated in the manner described herein. This code is intended to establish City of Norco standards regulating noise. This code is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act and no such thresholds are hereby established.
9.07.020 Exemptions.
Sound emanating from the following sources is exempt from the provisions of this chapter:
A. Facilities owned or operated by or for a governmental agency; B. Capital improvement projects of a governmental agency; C. The maintenance or repair of public properties;
D. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities; F. Agricultural operations provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile; G. City Sanctioned Events. The provisions of this title shall not apply to those reasonable sounds emanating from occasional public and private outdoor or indoor gatherings that require a City permit, public dances, shows, bands, sporting and entertainment events conducted and in compliance with such permit;
H. City and other public agency sponsored events;
I. Private construction provided, that construction does not occur between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday and 7:00 p.m. and 8:00 a.m., on Saturday and Sunday, unless specified by permit;
J. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 8:00 a.m. and 7:00 p.m.; K. Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;
L. Heating, exhaust, and air conditioning equipment;
M. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare;
Ordinance 1116
June 5, 2024
N. The discharge of firearms consistent with all state laws; O. Sounds produced by any domestic animals and livestock, specifically including dogs and roosters;
P. Construction-related single events or continuous events subject to a permit issued by the City of Norco.
9.07.030 Definitions.
As used in this code, the following terms shall have the following meanings:
A. “Audio equipment” means a television, stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
B. “Decibel (dB)” means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below:
1. “A-weighting (dBA)” means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.
2. “Maximum sound level (Lmax)” means the maximum sound level measured on a sound level meter.
C. “Governmental agency” means the United States, the State of California, Riverside County, City of Norco, any city within Riverside County, any special district within Riverside County or any combination of these agencies.
D. “Land use permit” means a current and valid ministerial permit issued by the City of Norco.
E. “Motor vehicle” means a vehicle that is self-propelled.
F. “Motor vehicle sound system” means a stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
G. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
H. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
I. “Public property” means property controlled by a governmental agency.
J. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
Ordinance 1116
June 5, 2024
K. “Sensitive receptor” means a land use that is identified as sensitive to noise in the noise element of the Norco General Plan, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
L. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
M. “Sound level meter” means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data.
9.07.040 General sound level standards
No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 or that violates the special sound source standards set forth in Section 9.07.060.
Table 1
Sound Level Standards (dB L max)
Land Use Land Use Designation Name Density
Maximum Decibel Level
8 am—10 pm 10 pm— 8 am
Community
Development
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Medium Density Residential 2—5 55 45
Medium High Density Residential 5—8 55 45
High Density Residential 8—14 55 45
Very High Density Residential 14—20 55 45
Highest Density Residential 20+ 55 45
Retail Commercial 65 55
Office Commercial 65 55
Tourist Commercial 65 55
Community Center 65 55
Light Industrial 75 55
Heavy Industrial 75 75
Business Park 65 45
Public Facility 65 45
Specific Plan—Residential 65 45
Ordinance 1116
June 5, 2024
Land Use Land Use Designation Name Density
Maximum Decibel Level
8 am—10 pm 10 pm— 8 am
Specific Plan—Commercial 55 55
Specific Plan—Light Industrial 65 55
Specific Plan—Heavy Industrial 75 55
Rural
Community
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Rural
Rural Residential 5 ac 45 45
Rural Mountainous 10 ac 45 45
Rural Desert 10 ac 45 45
Agriculture Agriculture 10 ac 45 45
Open Space
Conservation 45 45
Conservation Habitat 45 45
Recreation 45 45
Rural 20 ac 45 45
9.07.050 Sound level measurement methodology.
If the sound standard being applied is measured in decibels, then sound level measurements may be made anywhere. The actual location of a sound level measurement shall be at the discretion of the enforcement officials. Sound level measurements shall be made with a sound level meter.
Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute.
Following a sound level measurement, the calibration of the sound level meter shall be reverified.
Sound level meters and calibration equipment shall be certified annually.
9.07.060 Special sound sources standards.
The general sound level standards set forth in Section 9.07.040 apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitutes separate violations of this chapter:
A. Motor Vehicles.
1. Off-Highway Vehicles.
a. No person shall operate an off-highway vehicle unless it is equipped with a USDAqualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.
Ordinance 1116
June 5, 2024
b. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287. Sound level measurements may be used, but are not required to establish a violation of this subsection.
2. Motor Vehicle Sound Systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any time such that the sound system is audible to the human ear at a distance greater than 50 feet from the vehicle.
B. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 50 feet from the power tools or equipment.
C. Audio Equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 50 feet from the property line of the property on which the audio equipment is located.
D. Sound Amplifying Equipment and Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control:
1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m.
2. Sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 50 feet from the property line of the noise source.
9.07.070 Alternative Noise Prohibition.
Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit, or cause to be made, continued, maintained, or permitted, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any
Ordinance 1116
June 5, 2024
residential neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(a) It shall be a prima facie violation of this section if any noise is audible from a distance of 50 feet from the property line of the noise source or from a distance of one hundred feet from any nonstationary noise source.
(b) The determination that a noise violates this section may be made by a peace officer or may be proven by the testimony of any other person.
9.07.080 Violations and penalties.
A. Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to the enforcement provisions set forth in Title 1.
B. Every five minutes of continuous noise that violates this chapter constitutes a new and separate violation. Every new noise that violates this chapter constitutes a new and separate violation.
C. The fine schedule for a violation of this chapter enforced pursuant to Government Code Article 1, General, shall be in the amount of:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
9.07.090 Duty to cooperate.
No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9.07.080 when they are engaged in the process of enforcing the provisions of this chapter.
This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.
SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.
SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.
Ordinance 1116
June 5, 2024
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City of
Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance 1116
June 5, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
Discussion regarding a possible moratorium on New Drive-thru Lanes for Restaurants in the City's Commercial Zones
RECOMMENDATION:
Discuss and determine possible next steps.
SUMMARY:
The City Council directed staff to present a discussion on enacting a moratorium /interim Ordinance prohibiting new drive-thru lanes for restaurants in the City.
Government Code Section 65858, et. seq. provides for the enactment of a moratorium to protect the public safety, health, and welfare, prohibiting any use that could be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable amount of time.
BACKGROUND:
The City Council directed staff to present a discussion on enacting a moratorium prohibiting new drive-thru lanes for restaurants in the City.
Currently, drive-thru lanes require the approval of a Conditional Use Permit (CUP) which is a discretionary approval in the zones where allowed, subject to the development standards of the underlying commercial zone. No drive-thru lanes are permitted by right.
A City has the ability to stop approval of specific uses pending further study through the adoption of a temporary moratorium. The City Council can adopt a moratorium and any subsequent extensions only after making specific legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional applicable entitlements for the subject use would result in threat to public health, safety, or welfare.
For a moratorium to pass, it must be adopted with findings as an urgency measure by not less than four-fifths of the City Council. The moratorium is only in effect for 45 days after which it automatically expires unless extended by the City Council. The City Council can extend the moratorium for a period of 10 months and 15 days and then again for one year. Alternately, the City Council can do one extension of 22 months and 15 days. All extensions must be approved by a four-fifths vote. Prior to any extension, the Government Code requires that the legislative body issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance.
A moratorium would allow the City time to adequately analyze and examine the potential impacts and legal issues surrounding a use for the purpose of developing proper zoning, regulations and standards relating to it. As part of the discussion to consider adopting a moratorium, staff is recommending the following considerations:
The City is in the process of updating its General Plan. If drive-thru lanes do not align with the vision of the updated General Plan, drive-thru lanes can be updated (i.e. distance requirements from the same use or a residential zone) or removed concurrently with the adoption of the updated General Plan; and The existing CUP discretionary approval process provides the City control over the subject use and its design. In other words, if the use cannot be found compatible to the area, it can be denied. The CUP process remains until directed otherwise with the General Plan update.
This discussion is for Council to determine if a moratorium on new drive-thru lanes is warranted. Staff will proceed based on the direction given.
FISCAL IMPACT:
No Impact, being presented for information and discussion.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
7.A.
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:
Ordering the Continuation of Landscape Maintenance Districts, Confirming a Diagram, Assessment, and Annual Assessment Levy for Districts No. 1 – Beazer, Tract 28765; No. 2 – Western Pacific, Tract 25779; No. 3 – Centex, Tract 28826; No. 4 – Norco Ridge Ranch, Tracts 29588 and 29589; and No. 5 – Hawk’s Crest, Tract 30230 RECOMMENDATION:
To open the Public Hearing, hear public testimony, and adopt Resolution No. 2024-35, LMD No.1 (Beazer); Resolution No. 2024-36, LMD No. 2 (Western Pacific); Resolution No. 2024-37, LMD No. 3 (Centex); Resolution 2024-38, LMD No. 4 (Norco Ridge Ranch); Resolution No. 2024-39, LMD No. 5 (Hawks Crest), providing for an Annual Assessment Levy necessary to maintain the Landscape Maintenance Districts.
SUMMARY:
The “Landscaping and Lighting Act" of 1972 requires that an Engineer’s Report for existing Landscape Maintenance Districts (LMDs) must be reviewed and approved annually to continue assessments for the Districts. The Engineer’s Report includes the estimated fund balance for the fiscal year ending June 30, 2024, and the cash flow funding needs. At no time, will any district be assessed an amount greater than the Maximum Assessment Rate.
BACKGROUND:
Each district will only assess the amount necessary to cover the costs in that district, so levying at the Maximum Assessment Rate may or may not be required during any fiscal year. The tables below show both the current year and the prior year Maximum Assessment Rate, as well as the rate that will be applied for the current fiscal year.
The formation of LMD No. 1 allows the Maximum Assessment Rate to increase by 5% annually. The Maximum Assessment Rates for the remaining four districts increase annually by the percentage increase of the Local Consumer Price Index (“CPI”) for the Riverside-San Bernardino-Ontario California Area for All Urban Consumers ending in March. The annual CPI increase for March 2024 is 4.26%. The table below shows both the current year and the prior year Maximum Assessment Rates, as well as the rates that will be applied for the current fiscal year.
The following information applies to each Landscape Maintenance District as designated:
LMD No. 1 - On February 3, 1999, the City Council adopted Landscape Maintenance District No. 1 for Tract 28765 (Beazer Homes) comprised of 67 lots. The District was formed to maintain landscaping along the River Road frontage of the tract. The application of the 5% will increase the per parcel maximum assessment from $182.15 to $191.25. The assessment of $191.24 per parcel will be levied. This will result in a total District levy of $12,814. Future adjacent development will help balance this budget if the District is annexed. If the deficit does persist, cuts to maintenance will be needed to stabilize the budget.
LMD No. 2 - On January 27, 2000, the City Council adopted Landscape Maintenance District No. 2 for Tract No. 25799 (Western Pacific) comprised of 219 assessable lots.
The District was formed to maintain landscaping along Norco Hills Road and Hidden Valley Parkway. The District also maintains selected interior slopes, wetlands, equestrian trails, and Norco Hills Park. The application of this CPI will increase the per parcel maximum assessment from $835.67 to $871.24. The assessment of $871.24 per parcel will be levied, resulting in a total District levy of $190,802.
Due to the failed Proposition 218 Ballot Measure in 2023 to increase funding in this District, the City will be removing the old playground equipment as it is past its useful lifespan. The playground equipment in its current state poses safety risks to residents who use it and is a potential liability for the City. The removal of the playground will be a one-time CIP cost to the District. After Fiscal Year 24/25 future CIP projects will not be scheduled due to the lack of reserves.
This District will see cuts in trail maintenance and the removal of the temporary restroom at Norco Hills Park to sustain the District's cash flow and incidental costs. It is
estimated that with the removal of these services the maintenance cost will be reduced by $500 a month.
LMD No. 3 - On June 6, 2001, the City Council adopted Landscape Maintenance District No. 3 for Tract 28626 (Centex) comprised of 82 lots. The District was formed to maintain landscaping along Norco Hills Road and certain designated slopes within the District as well as all equestrian trails in the development. The application of this CPI will increase the per parcel maximum assessment from $1,251.63 to $1,304.91. The assessment of $1,304.91 per parcel will be levied, resulting in a total District levy of $107,003.
Due to the failed Proposition 218 Ballot Measure in 2023 to increase funding in this District, no future CIP projects will be scheduled. This District will see cuts in parkway and trail maintenance to sustain the District's cash flow and incidental costs. The reduction of services to this District would see a net a savings of $1,100 a month.
LMD No. 4 – On October 2, 2002, City Council adopted Landscape Maintenance District No. 4 for Tracts 29588 and 29589 (Norco Ridge Ranch) comprised of 557 single-family developed lots, of which 25 lots are receiving only trail maintenance benefits and five other undeveloped lots, for a total of 562 assessable lots. The District was formed to maintain landscaping within certain slopes, irrigated and non-irrigated, fuel modification areas, parkway landscaping, equestrian trails, natural open space, wetlands area, and Ridge Ranch Park. The application of this CPI will increase the per parcel maximum assessment from $1,330.66 to $1,387.31. The per parcel assessment of $993.48, for the 532 fully benefiting parcels, and $218.18, for the 25 partially benefiting parcels, result in a total District levy of $533,995.
LMD No. 5 – On January 7, 2004, the City Council adopted Landscape District No. 5 for Tract 30230 (Hawks Crest) comprised of 50 lots. The District was formed to maintain certain exterior slopes, parkway landscaping, equestrian trails, two park lots, and Hawks Crest Park. The application of this CPI will increase the per parcel maximum assessment from $1,400.00 to $1,459.60. The assessment of $1,419.78 per parcel will be levied, resulting in a total District levy of $70,989.
Below is a summary of the Operating and CIP Reserve fund information for all five Districts:
The Engineer's Report includes the estimated fund balance for Fiscal Year ending June 30, 2024 and the cash flow funding needs. Each district requires a six-month cash flow reserve to sustain the District from the beginning of the fiscal year (July 1) until the City receives from the County of Riverside, its first assessment payment, six months later. If
the City does not have this reserve, the general fund reserves must “carry” the District.
The “estimated unfunded needs” is the difference between the “fund balance” and the “needs.”
Below is a summary of the services provided in each maintenance district:
The observation line item for each District funds the salary of the LMD Inspector. The observation line item is broken into percentages based on the size and demand of the District. The breakdown is as follows:
Staff recommends that the members of the City Council approve the Engineer’s Report for the continuation of the Landscape Maintenance Districts to guarantee that landscaping within each district will be maintained to the best level permitted by the revenues received by each district.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan No. 5 - Infrastructure and Asset Management:
Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
1_Resolution_Ordering Continuation of LMD 1
2_Resolution_Ordering Continuation of LMD 2
3_Resolution_Ordering Continuation of LMD 3
4_Resolution_Ordering Continuation of LMD 4
5_Resolution_Ordering Continuation of LMD 5
FY 24-25 Norco LMD No. 1_Engineer Report-PH
FY 24-25 Norco LMD No. 2_Engineer Report-PH
FY 24-25 Norco LMD No. 3_Engineer Report-PH
FY 24-25 Norco LMD No. 4_Engineer Report - PH
FY 24-25 Norco LMD No. 5_Engineer Report - PH
RESOLUTION NO. 2024-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA ORDERING THE CONTINUATION OF A LANDSCAPING
MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY
WHEREAS, the City Council of the City of Norco, California, has initiated proceedings for the continuation of a Landscape Maintenance District and the annual levy of said assessments for said District pursuant to the terms and provisions of the “Landscaping and Street Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California, in a district known and designated as:
CITY OF NORCO
LANDSCAPING MAINTENANCE DISTRICT NO. 1 (BEAZER, TRACT 28765) (Hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intent to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time this City Council has heard all testimony and evidence, and desires to proceed with the annual levy of assessments.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer’s Report and as referred to in the Resolution of Intent as previously adopted relating to said annual assessment levy.
SECTION 3: That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.
SECTION 4: That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year.
Resolution No. 2024-35, LMD No. 1 - Beazer
June 5, 2024
SECTION 5: That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Engineer’s Report, pursuant to said “Landscaping and Street Lighting Act of 1972”, as submitted, are hereby approved, adopted by this City Council and hereby confirmed.
SECTION 6: That the maintenance works and/or improvements are contemplated by the Resolution of Intent shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the assessment and said assessment shall then be collected at the same time and in the same manner that County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 7: That the City Treasurer has previously established a special fund known as the CITY OF NORCO LANDSCAPING MAINTENANCE DISTRICT NO. 1, (BEAZER, TRACT NO. 28765) into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished soon as said monies have been made available to said City Treasurer.
SECTION 8: That the City Engineer is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
SECTION 9: That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
Resolution No. 2024-35, LMD No. 1 - Beazer
June 5, 2024
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
___________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
RESOLUTION NO. 2024-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO
ORDERING THE CONTINUATION OF A LANDSCAPING
MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY
WHEREAS, The City Council has initiated proceedings for the continuation of a Landscaping Maintenance District and the annual levy of assessments for said District pursuant to the terms and provision of the “Landscaping and Street Lighting Act of 1972,” being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as:
CITY OF NORCO
LANDSCAPING MAINTENANCE DISTRICT NO. 2
(WESTERN PACIFIC, TRACT 25779)
WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time, this City Council has heard all testimony and evidence, and desires to proceed with the annual levy of assessments.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. That the above-recitals are all true and correct.
SECTION 2. That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.
SECTION 3. That the assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.
SECTION 4. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year.
SECTION 5. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's “Report,” pursuant to said
Resolution No. 2024-36, LMD No. 2 - Western Pacific
June 5, 2024
"Landscaping and Street Lighting Act of 1972,” as submitted, are hereby approved, adopted by this City Council and hereby confirmed.
SECTION 6. That the maintenance works and/or improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 7. That the City Treasurer has previously established a special fund known as the CITY OF NORCO LANDSCAPING MAINTENANCE DISTRICT NO. 2, (WESTERN PACIFIC, TRACT 25779) into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.
SECTION 8. That the City Engineer is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
SECTION 9. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
Resolution No. 2024-36, LMD No. 2 - Western Pacific
June 5, 2024
PASSED and ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
__________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on June 5, 2024.
__________________________
Dana Roa, CMC, City Clerk
City of Norco, California
RESOLUTION NO. 2024-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA ORDERING THE CONTINUATION OF A LANDSCAPING
MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY
WHEREAS, the City Council of the City of Norco, California, has initiated proceedings for the continuation of a Landscape Maintenance District and the annual levy of said assessments for said District pursuant to the terms and provisions of the “Landscaping and Street Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California, in a district known and designated as:
CITY OF NORCO
LANDSCAPING MAINTENANCE DISTRICT NO. 3
(CENTEX, TRACT 28626)
(hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intent to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time this City Council has heard all testimony and evidence, and desires to proceed with the annual levy of assessments.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer’s Report and as referred to in the Resolution of Intent as previously adopted relating to said annual assessment levy.
SECTION 3: That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.
SECTION 4: That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year.
Resolution No. 2024-37, LMD No.3 - Centex
June 5, 2024
SECTION 5: That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Engineer’s Report, pursuant to said “Landscaping and Street Lighting Act of 1972”, as submitted, are hereby approved, adopted by this City Council and hereby confirmed.
SECTION 6: That the maintenance works and/or improvements are contemplated by the Resolution of Intent shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the assessment and said assessment shall then be collected at the same time and in the same manner that County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 7: That the City Treasurer has previously established a special fund known as the CITY OF NORCO LANDSCAPING MAINTENANCE DISTRICT NO. 3, (CENTEX, TRACT NO. 28626) into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished soon as said monies have been made available to said City Treasurer.
SECTION 8: That the City Engineer is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
SECTION 9: That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
Resolution No. 2024-37, LMD No.3 - Centex
June 5, 2024
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
1 RESOLUTION NO. 2024-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO
ORDERING THE CONTINUATION OF A LANDSCAPING
MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY
WHEREAS, The City Council has initiated proceedings for the continuation of a Landscaping Maintenance District and the annual levy of assessments for said District pursuant to the terms and provision of the “Landscaping and Street Lighting Act of 1972,” being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as:
CITY OF NORCO
LANDSCAPING MAINTENANCE DISTRICT NO. 4
(NORCO RIDGE RANCH, TRACT 29588 AND 29589)
WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time, this City Council has heard all testimony and evidence, and desires to proceed with the annual levy of assessments.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. That the above-recitals are all true and correct.
SECTION 2. That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.
SECTION 3. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.
SECTION 4. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year.
SECTION 5. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's “Report,” pursuant to said
Resolution No. 2024-38, LMD No. 4 – Norco Ridge Ranch
June 5, 2024
"Landscaping and Street Lighting Act of 1972,” as submitted, are hereby approved, adopted by this City Council and hereby confirmed.
SECTION 6. That the maintenance works and/or improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 7. That the City Treasurer has previously established a special fund known as the CITY OF NORCO LANDSCAPING MAINTENANCE DISTRICT NO. 4, (NORCO RIDGE RANCH, TRACT 29588 AND 29589) into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.
SECTION 8. That the City Engineer is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
SECTION 9. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
Resolution No. 2024-38, LMD No. 4 – Norco Ridge Ranch
June 5, 2024
PASSED and ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
___________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
__________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on June 5, 2024.
__________________________
Dana Roa, CMC, City Clerk
City of Norco, California
RESOLUTION NO. 2024-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA ORDERING THE CONTINUATION OF A LANDSCAPING
MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY
WHEREAS, the City Council of the City of Norco, California, has initiated proceedings for the continuation of a Landscape Maintenance District and the annual levy of said assessments for said District pursuant to the terms and provisions of the “Landscaping and Street Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California, in a district known and designated as:
CITY OF NORCO
LANDSCAPING MAINTENANCE DISTRICT NO. 5
(HAWKS CREST – KB HOME)
(hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intent to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time this City Council has heard all testimony and evidence, and desires to proceed with the annual levy of assessments.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer’s Report and as referred to in the Resolution of Intent as previously adopted relating to said annual assessment levy.
SECTION 3: That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.
SECTION 4: That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year.
Resolution No. 2024-39, LMD No. 5 - Hawks Crest
June 5, 2024
SECTION 5: That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Engineer’s Report, pursuant to said “Landscaping and Street Lighting Act of 1972”, as submitted, are hereby approved, adopted by this City Council and hereby confirmed.
SECTION 6: That the maintenance works and/or improvements are contemplated by the Resolution of Intent shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the assessment and said assessment shall then be collected at the same time and in the same manner that County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 7: That the City Treasurer has previously established a special fund known as the CITY OF NORCO LANDSCAPING MAINTENANCE DISTRICT NO. 5, (HAWKS CREST – KB HOME) into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished soon as said monies have been made available to said City Treasurer.
SECTION 8: That the City Engineer is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
SECTION 9: That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
Resolution No. 2024-39, LMD No. 5 - Hawks Crest
June 5, 2024
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the City of Norco, California, held on June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Engineer’s Report
Fiscal Year 2024-2025
City of Norco
Landscape Maintenance District No. 1 (Beazer)
Prepared For
June 2024
Table of Contents
Sections
Section i. Engineer’s Statement ________________________________________________________ i Section 1. Plans and Specifications ______________________________________________________1 Section 2. Cost Estimate ______________________________________________________________2 Section 3. Method of Apportionment ___________________________________________________4 Section 4. Assessment________________________________________________________________7 Section 5. Assessment Diagram ________________________________________________________8 Tables
Table 2-1. Budget Details _____________________________________________________________3 Appendices
Appendix A. Assessment Roll __________________________________________________________ A-1 Appendix B. Assessment Diagram ______________________________________________________ B-1
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 i
AGENCY: CITY OF NORCO
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 1
TO: CITY COUNCIL
CITY OF NORCO
STATE OF CALIFORNIA
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Norco (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape Maintenance District No. 1 (the "Report"), consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “1972 Act”), as amended, commencing with Section 22500, and which is in accordance with Resolution No. 2024-12 adopted by the City Council, Riverside County, California ordering the preparation of the Report for Landscape Maintenance District No. 1 (the “District” or “LMD No. 1”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2024-2025. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be maintained and-or improved for the mentioned Fiscal Year.
SECTION 3 The METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown in Appendix B.
SECTION 4 An ASSESSMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries of the District, as shown in Appendix B.
SECTION 5 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the boundaries of the District.
Reference is made to the Riverside County (the “County”) Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 ii
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Norco, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscape Maintenance District No. 1 liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2024.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF NORCO
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. by City Council.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of 2024.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 iii
WHEREAS, on April 17, 2024, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Levy and Collection of Assessments and the Preparation of an Engineer’s Report for LMD No. 1; Whereas, the Resolution of Intention directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operation and servicing of the improvements for LMD No. 1 for the referenced Fiscal Year, a diagram for LMD No. 1 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operation and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within LMD No. 1 in proportion to the special benefit received;
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 1
Overview
On February 3, 1999, the City Council of the City of Norco, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”) adopted its Resolution of the City Council of the City of Norco Initiating Proceedings for the Formation for a Maintenance Assessment District and thereafter formed Landscape Maintenance District No. 1 (Beazer).
This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2024-2025. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscaping improvements and based upon available revenues including fund balances and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Riverside County Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
Description of Improvements and Services
The improvements are the operation, maintenance, and servicing of landscaping, wetlands, horse trails, hardscape masonry, and appurtenant facilities including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services, described as follows:
Landscaping, planting, shrubbery, trees, irrigation, hardscapes, masonry wall surfaces, fixtures, and appurtenant facilities in the River Road public right-of-way (parkway area), along the frontage and adjacent to the boundary of the Landscape Maintenance District. A reduced scale plan depicting the improvements is attached hereto. • Landscape maintenance includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacements. • Hardscape Masonry includes graffiti removal, repair cracks, heaving and breakage.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 2
The estimated costs for the operation, maintenance and servicing of the facilities, shown below, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2024-2025. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with district proceedings.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessments shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year. The estimated fund deficit for Fiscal Year ending June 30, 2025, is $841.60.
The cost of servicing, maintaining, repairing, and replacing the actual improvements as described in the Plans and Specifications are summarized below.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 3
Table 2‐1
Budget Details
Direct Costs FY 2023‐24 FY 2024‐25
Landscape Maintenance $2,620 $2,700
Hardscape Masonry $0 $0
Tree and Plant Replacement $250 $0
Utility ‐ Water $4,425 $3,000
Utility ‐ Electrical $150 $50
Utility ‐ Phone $200 $300
Capital Replacement Reserve Collection $0 $0
Total Direct Costs $7,645 $6,050
Indirect Costs
City Staff to Manage District $4,522 $4,554
Professional Services $1,470 $2,000
City Overhead/Administration $540 $540
County Administration Fees $150 $111
Fuel $0 $30
Incidentals $400 $400
Operating Reserve Collection $0 $0
Total Indirect Costs $7,082 $7,635
Total Direct & Indirect Costs $14,727 $13,685
Adjustments
Operating Reserve Contribution ($2,523) ($872)
Capital Replacement Contribution $0 $0
Total Adjustments ($2,523) ($872)
Total Assessment (1) $12,204 $12,814
Individual Assessment
Total Parcel 67 67
Maximum Allowable Levy per Parcel $182.15 $191.25
Proposed Levy per Parcel $182.15 $191.24
Reserve Fund Balances
Beginning Operating Reserve ($1,859) ($4,752)
Operating Reserve Collection/Contribution ($2,523) ($872) Est. Ending Operating Reserve (2) ($4,382) ($5,624)
Beginning Capital Replacement Reserve $0.00 $0.00
Capital Reserve Collection/Contribution $0.00 $0.00
Est. Ending Capital Replacement Reserve (3) $0.00 $0.00 (1) Slight variance due to rounding. (2) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (3) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 4
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
Below is the description of the Method of Apportionment and Special Benefit and the Assessment Roll summary for the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 5
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The Assessment Engineer is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has based its determination on standard assessment practices utilized by consulting civil engineers with a background of experience in the design of such works of improvement and experience in the completion of assessment district formation projects.
IDENTIFYING THE BENEFIT
It is necessary to identify the benefit that the public improvement will render to the properties within the District.
The landscaping, irrigation, and equestrian trails have been designed and will be constructed for the benefit of enhanced aesthetics and neighborhood identity for all properties within the District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 6
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, several factors are being used in the final method and spread and assessment.
The individual parcels of land within the Assessment District are currently developed or have the potential for development to single-family residential units. The proposed improvements are designed to enhance the appearance and appeal of the District and all of the parcels within. The improvements will provide a sense of neighborhood identity for the District. As such, each parcel will benefit equally from the proposed improvements.
ASSESSMENT ADJUSTMENT
In 1999 the property owners approved, via ballot, the formation of the District and the levy of the annual assessments, including an annual increase of 5.00%. In no case may the increase exceed the actual cost of providing the services rendered within and pursuant to the District. The application of the 5.00% adjustment for Fiscal Year 2024-2025 will increase the maximum per parcel assessment from $182.15 to $191.25. The maximum assessment of $191.25 per parcel will be levied.
4. Assessment
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 7
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts are presented in Appendix A.
5. Assessment Diagram
City of Norco Landscape Maintenance District No. 1
Engineer’s Report for Fiscal Year 2024-2025 8
An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made a part of this Report. A reduced scale map depicting the assessment diagram is attached hereto.
Legal Description of Landscape Maintenance District No. 1 (Beazer) That certain real property situated in the City of Norco, County of Riverside, State of California, more particularly described as follows:
Lots 1 through 12 inclusive, and Lots 14 through 68, inclusive, of Tract No. 28765 in the City of Norco, County of Riverside, State of California, as per map recorded in Book 274, Pages 95 through 98, inclusive, of Maps in the Office of the County Recorder of Said County.
APPENDIX A
Assessment Roll
Total 67 $12,813.08
APN Levy
121541001 $191.24
121541005 $191.24
121542001 $191.24
121542005 $191.24
121542009 $191.24
121543003 $191.24
121543007 $191.24
121543011 $191.24
121543015 $191.24
121551003 $191.24
121551010 $191.24
121551014 $191.24
121551018 $191.24
121552001 $191.24
121552005 $191.24
121552009 $191.24
121553001 $191.24
APN Levy
121541002 $191.24
121541006 $191.24
121542002 $191.24
121542006 $191.24
121542010 $191.24
121543004 $191.24
121543008 $191.24
121543012 $191.24
121543016 $191.24
121551004 $191.24
121551011 $191.24
121551015 $191.24
121551019 $191.24
121552002 $191.24
121552006 $191.24
121552010 $191.24
121553002 $191.24
APN Levy
121541003 $191.24
121541007 $191.24
121542003 $191.24
121542007 $191.24
121543001 $191.24
121543005 $191.24
121543009 $191.24
121543013 $191.24
121551001 $191.24
121551008 $191.24
121551012 $191.24
121551016 $191.24
121551021 $191.24
121552003 $191.24
121552007 $191.24
121552011 $191.24
121553003 $191.24
APN Levy
121541004 $191.24
121541008 $191.24
121542004 $191.24
121542008 $191.24
121543002 $191.24
121543006 $191.24
121543010 $191.24
121543014 $191.24
121551002 $191.24
121551009 $191.24
121551013 $191.24
121551017 $191.24
121551022 $191.24
121552004 $191.24
121552008 $191.24
121552012 $191.24
Albert A. Webb Associates Page 1 of 1 Execution Time: 4/25/2024 12:13:05 PM Fiscal Year 2024-25 Assessment Roll
City of Norco 682517 - LMD No. 1
APPENDIX B
Assessment Diagram
Landscape Maintenance Distrct 1 (Beazer)
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VI ER
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D
CORYDON
ST
D
EL M
A
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D
VIN
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AVE
ELLIN
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TO
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D
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EQ
UES
T
RIA
N
LN
S
TEEPLEC
H
A
SE WAY
SUNDANCE LN
FAIRVIEW
DR
CORYDON AVE
SUNNY HILLS DR
TRAIL ST
PREAKN
ESS
WAY
LEGEND
District Boundary
Lighting and Landscaping
M:\GIS-Assessment\Norco\Improvements_LMD1_Beazer.mxd; 25 Apr 2024 0 500 1,000 Feet
CITY OF NORCO
Riverside Co. July, 2024
Improvement Location Map
Engineer’s Report
Fiscal Year 2024-2025
City of Norco
Landscape Maintenance District No. 2
(Western Pacific – Tract 25779)
Prepared For
June 2024
Table of Contents
Sections
Section i. Engineer’s Statement ________________________________________________i Section 1. Plans and Specifications______________________________________________ 1 Section 2. Cost Estimate______________________________________________________ 3 Section 3. Method of Apportionment ___________________________________________ 5 Section 4. Assessment _______________________________________________________ 8 Section 5. Assessment Diagram ________________________________________________ 9 Tables
Table 2-1. Budget Details _____________________________________________________ 4 Appendices
Appendix A. Assessment Roll __________________________________________________ A-1 Appendix B. Assessment Diagram ______________________________________________ B-1
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 i
AGENCY: CITY OF NORCO
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 2
TO: CITY COUNCIL
CITY OF NORCO
STATE OF CALIFORNIA
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Norco (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape Maintenance District No. 2 (the "Report"), consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “1972 Act”), as amended, commencing with Section 22500, and which is in accordance with Resolution No. 2024-13 adopted by the City Council, Riverside County, California ordering the preparation of the Report for Landscape Maintenance District No. 2 (the “District” or “LMD No. 2”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2024-2025. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be maintained and-or improved for the mentioned Fiscal Year.
SECTION 3 The METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown in Appendix B.
SECTION 4 An ASSESSMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries of the District, as shown in Appendix B.
SECTION 5 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the boundaries of the District.
Reference is made to the Riverside County (the “County”) Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 ii
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Norco, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscape Maintenance District No. 2 liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2024.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF NORCO
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. by City Council.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of 2024.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 iii
WHEREAS, on April 17, 2024, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Levy and Collection of Assessments and the Preparation of an Engineer’s Report for LMD No. 2; Whereas, the Resolution of Intention directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operation and servicing of the improvements for LMD No. 2 for the referenced Fiscal Year, a diagram for LMD No. 2 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operation and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within LMD No. 2 in proportion to the special benefit received;
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 1
Overview
On October 20, 1999, the City Council of the City of Norco, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”) adopted its Resolution of the City Council of the City of Norco Initiating Proceedings for the Formation for a Maintenance Assessment District and thereafter formed Landscape Maintenance District No. 2 (Western Pacific).
This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2024-2025. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscaping improvements and based upon available revenues including fund balances and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Riverside County Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
Description of Improvements and Services
The improvements are the operation, maintenance, and servicing of landscaping, wetlands, horse trails, hardscape masonry, and appurtenant facilities including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services, described as follows:
Landscaping, planting, shrubbery, trees, irrigation, hardscapes, masonry wall surfaces, fixtures, and appurtenant facilities located within public right-of-way (parkways) and easements (slope) are specifically excluded. Trails and publicly owned parcels park within the boundary of the Assessment District are to be maintained except as specifically excluded.
• Landscape maintenance on Hidden Valley Parkway and Norco Hills Road includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacements.
• Slope Maintenance for exterior slopes along Hidden Valley Parkway includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacements. Also included is fuel modification along Norco Hills Road.
Equestrian trails maintenance includes minor grading, replacement of wooden posts and rails, and addition of decomposed granite for trail surface. Also includes major storm sandbag contingency.
Wetland maintenance (Lot 71) includes trash and debris cleanup, plant replacement, pest and rodent control.
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 2
Park Maintenance (Lot 2) includes trash and debris cleanup, mowing, fertilization, turf care, pest and rodent control, and observation.
Capital Improvement Projects
Due to the failed Proposition 218 Ballot Measure in 2023 to increase funding in this District, the City will be removing the old playground equipment as it is past its useful lifespan. The playground equipment in its current state poses safety risks to residents who use it and is a potential liability for the City.
The City does not have any plans for any additional capital improvement projects in this District due to lack of funding.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 3
The estimated costs for the operation, maintenance and servicing of the facilities, shown below, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2024-2025. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with district proceedings.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessments shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments.
Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year.
On November 15, 2023, the City held a Proposition 218 Ballot Measure to increase the maximum annual assessment rate from $835.00 to $969.00. The majority of the ballots received were not in favor of the increase and thus the measure failed. The assessment rates in LMD No. 2 have been outpaced by costs and the fund balances have been depleted. The District is in a service-level deficit. Due to the lack of funding, maintenance improvement projects, including trail fence replacement will no longer be implemented and the level of service may decrease.
The cost of servicing, maintaining, repairing, and replacing the actual improvements as described in the Plans and Specifications are summarized on the following page.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 4
Table 2‐1
Budget Details
Direct Costs FY 2023‐24 FY 2024‐25
Landscape Maintenance $39,220 $96,000
Wetlands Maintenance $470 $0
Park Maintenance $8,510 $0
Equestrian Trails $39,690 $0
Tree and Plant Replacement and Removal $3,000 $0
Utility ‐ Water $34,710 $35,000
Utility ‐ Electrical $2,000 $2,000
Utility ‐ Phone $206 $0
Capital Replacement Reserve Collection $25,000 $25,000 Total Direct Costs $152,806 $158,000
Indirect Costs
City Staff to Manage District $22,602 $22,382
Professional Services $3,150 $8,500
City Overhead/Administration $7,340 $7,340
County Administration Fees $242 $166
Fuel $0 $150
Incidentals $1,000 $0
Proposition 218 Proceeding $10,000 $0
Operating Reserve Collection $2,556 $0
Total Indirect Costs $46,890 $38,538
Total Direct & Indirect Costs $199,696 $196,538
Adjustments
Operating Reserve Contribution ($16,684) ($5,737)
Capital Replacement Contribution $0 $0
Total Adjustments ($16,684) ($5,737)
Total Assessment (1) $183,012 $190,802
Individual Assessment
Total Parcels 219 219
Maximum Allowable Levy per Parcel $835.67 $871.24
Proposed Levy per Parcel $835.67 $871.24
Reserve Fund Balances
Beginning Operating Reserve $704 ($10,427)
Operating Reserve Collection/Contribution ($16,684) ($5,737) Est. Ending Operating Reserve (2) ($15,980) ($16,163)
Beginning Capital Replacement Reserve $0 $0
Capital Reserve Collection/Contribution $0 $25,000
Est. Ending Capital Replacement Reserve (3) $0 $25,000 (1) Slight variance due to rounding. (2) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (3) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 5
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
Below is the description of the Method of Apportionment and Special Benefit and the Assessment Roll summary for the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 6
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste.
The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The Assessment Engineer is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has based its determination on standard assessment practices utilized by consulting civil engineers with a background of experience in the design of such works of improvement and experience in the completion of assessment district formation projects.
IDENTIFYING THE BENEFIT
It is necessary to identify the benefit that the public improvement will render to the properties within the Assessment District. The landscaping, irrigation, and equestrian trails have been designed and will be constructed for the benefit of enhanced aesthetics and neighborhood identity for all properties within the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 7
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, several factors are being used in the final method and spread and assessment.
The individual parcels of land within the Assessment District are currently developed or have the potential for development to single-family residential units. The proposed improvements are designed to enhance the appearance and appeal of the District and all of the parcels within. The improvements will provide a sense of neighborhood identity for the District. As such, each parcel will benefit equally from the proposed improvements.
ASSESSMENT ADJUSTMENT
The assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (CPI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment.
In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index was used to escalate the Maximum Assessment Rate by 4.26% for Fiscal Year 2024-2025. The maximum per parcel assessment increased from $835.67 to $871.24. The maximum per parcel assessment of $871.24 will be levied.
4. Assessment
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 8
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts are presented in Appendix A.
5. Assessment Diagram
City of Norco Landscape Maintenance District No. 2
Engineer’s Report for Fiscal Year 2024-2025 9
An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made a part of this Report. A reduced scale map depicting the assessment diagram is attached hereto.
Legal Description of Landscape Maintenance District No. 2 (Beazer) That certain real property situated in the City of Norco, County of Riverside, State of California, more particularly described as follows:
Lots 3 through 70 inclusive, and Lots 72 through 221, exclusive of Lot 219, of Tract No. 25779 in the City of Norco, County of Riverside, State of California, as per map recorded in Book 284, Pages 20 through 30, inclusive, of Maps in the Office of the County Recorder of Said County.
APPENDIX A
Assessment Roll
APN Levy
122570002 $871.24
122570006 $871.24
122570010 $871.24
122581001 $871.24
122581005 $871.24
122591001 $871.24
122591005 $871.24
122592002 $871.24
122592006 $871.24
122600003 $871.24
122600007 $871.24
122600011 $871.24
122611001 $871.24
122612001 $871.24
122612007 $871.24
122612012 $871.24
122613004 $871.24
122613008 $871.24
122620006 $871.24
122620010 $871.24
122620014 $871.24
122620018 $871.24
122632002 $871.24
122633003 $871.24
122633007 $871.24
122640001 $871.24
122640005 $871.24
122640009 $871.24
122640013 $871.24
122640017 $871.24
122640021 $871.24
122640025 $871.24
122651004 $871.24
122652004 $871.24
122653001 $871.24
APN Levy
122570003 $871.24
122570007 $871.24
122570011 $871.24
122581002 $871.24
122582001 $871.24
122591002 $871.24
122591006 $871.24
122592003 $871.24
122592007 $871.24
122600004 $871.24
122600008 $871.24
122600012 $871.24
122611002 $871.24
122612002 $871.24
122612008 $871.24
122613001 $871.24
122613005 $871.24
122620003 $871.24
122620007 $871.24
122620011 $871.24
122620015 $871.24
122631001 $871.24
122632003 $871.24
122633004 $871.24
122633008 $871.24
122640002 $871.24
122640006 $871.24
122640010 $871.24
122640014 $871.24
122640018 $871.24
122640022 $871.24
122651001 $871.24
122652001 $871.24
122652005 $871.24
122653002 $871.24
APN Levy
122570004 $871.24
122570008 $871.24
122570012 $871.24
122581003 $871.24
122582002 $871.24
122591003 $871.24
122591007 $871.24
122592004 $871.24
122600001 $871.24
122600005 $871.24
122600009 $871.24
122600013 $871.24
122611003 $871.24
122612003 $871.24
122612009 $871.24
122613002 $871.24
122613006 $871.24
122620004 $871.24
122620008 $871.24
122620012 $871.24
122620016 $871.24
122631003 $871.24
122632004 $871.24
122633005 $871.24
122633010 $871.24
122640003 $871.24
122640007 $871.24
122640011 $871.24
122640015 $871.24
122640019 $871.24
122640023 $871.24
122651002 $871.24
122652002 $871.24
122652006 $871.24
122653003 $871.24
APN Levy
122570005 $871.24
122570009 $871.24
122570014 $871.24
122581004 $871.24
122582003 $871.24
122591004 $871.24
122592001 $871.24
122592005 $871.24
122600002 $871.24
122600006 $871.24
122600010 $871.24
122600014 $871.24
122611004 $871.24
122612004 $871.24
122612010 $871.24
122613003 $871.24
122613007 $871.24
122620005 $871.24
122620009 $871.24
122620013 $871.24
122620017 $871.24
122632001 $871.24
122632005 $871.24
122633006 $871.24
122633011 $871.24
122640004 $871.24
122640008 $871.24
122640012 $871.24
122640016 $871.24
122640020 $871.24
122640024 $871.24
122651003 $871.24
122652003 $871.24
122652007 $871.24
122653004 $871.24
Albert A. Webb Associates Page 1 of 2 Execution Time: 4/25/2024 12:14:20 PM Fiscal Year 2024-25 Assessment Roll
City of Norco 682518 - LMD No. 2
Total 219 $190,801.56
APN Levy
122653005 $871.24
123390001 $871.24
123390005 $871.24
123390009 $871.24
123390013 $871.24
123390017 $871.24
123400004 $871.24
123400008 $871.24
123411001 $871.24
123411005 $871.24
123411011 $871.24
123411015 $871.24
123411019 $871.24
123411023 $871.24
123412001 $871.24
123420003 $871.24
123420007 $871.24
123420011 $871.24
123431001 $871.24
123431005 $871.24
APN Levy
122653006 $871.24
123390002 $871.24
123390006 $871.24
123390010 $871.24
123390014 $871.24
123400001 $871.24
123400005 $871.24
123400009 $871.24
123411002 $871.24
123411006 $871.24
123411012 $871.24
123411016 $871.24
123411020 $871.24
123411024 $871.24
123412002 $871.24
123420004 $871.24
123420008 $871.24
123420012 $871.24
123431002 $871.24
123431006 $871.24
APN Levy
122653007 $871.24
123390003 $871.24
123390007 $871.24
123390011 $871.24
123390015 $871.24
123400002 $871.24
123400006 $871.24
123400010 $871.24
123411003 $871.24
123411009 $871.24
123411013 $871.24
123411017 $871.24
123411021 $871.24
123411026 $871.24
123420001 $871.24
123420005 $871.24
123420009 $871.24
123420013 $871.24
123431003 $871.24
123431007 $871.24
APN Levy
122653008 $871.24
123390004 $871.24
123390008 $871.24
123390012 $871.24
123390016 $871.24
123400003 $871.24
123400007 $871.24
123400011 $871.24
123411004 $871.24
123411010 $871.24
123411014 $871.24
123411018 $871.24
123411022 $871.24
123411027 $871.24
123420002 $871.24
123420006 $871.24
123420010 $871.24
123420014 $871.24
123431004 $871.24
Albert A. Webb Associates Page 2 of 2 Execution Time: 4/25/2024 12:14:20 PM Fiscal Year 2024-25 Assessment Roll
City of Norco 682518 - LMD No. 2
APPENDIX B
Assessment Diagram
Landscape Maintenance Distrct 2 (Western Pacific)
PARKRIDGE AVE
TALLYHO LN
NORCO
HILLS
RD
AZTEC LN
CORONA
AVE
EAGLESNEST DR
EL PASO DR
ROCK SPRINGS AVE
HARNESS
LN
GOLDENEAGLE
DR VIA BLAIRO
HIDDEN
VALLEY
PKW Y
PASEO
AZUL WAY
MIRASOL LN
ESPERANZA DR
FALCONCREST ST
FLAMINGO D R
MONTEZUMA
DR
PALO CEDRO
DR
VILLA
M
ONTES CIR
ALLEGRE CIR
THOROUGHBRED
LN
REDTAIL
DR
MADERA CIR
CASANDRA LN
HERON
DR
DRY GULCH PL
SILVER SPUR WAY
HILLSIDE AVE
MIRA
VALLE
ST
ELGIN WAY
RAQUEL
RD
SEDONA
LN
TEMESCAL AVE
FIRST ST BODIE PL
MAGIA CIR
GUNSMOKE
RD
VILLAGE LOOP DR
TEMESCAL ST
TEMESCAL CIR
ABILE NE PL
DO
GWOOD W AY
CANYON
VIEW
PL
PALERMO
LN
LA MARILLO C RI
STIRRUP
WAY
CIMARRON LN
IM P RESIVIO
DR
CORSICA
DR
AQUINO
C RI
PARKVIEW DR
TUCSON AVE
BIG
PINE LN NOT A
PART
LEGEND
District Boundary
Landscaping
Park
Wetland
Equestrian Trails
M:\GIS-Assessment\Norco\Improvements_LMD2_West_Pac.mxd; 08 May 2024 0 500 1,000 Feet
CITY OF NORCO
Riverside Co. July, 2024
Improvement Location Map
Engineer’s Report
Fiscal Year 2024-2025
City of Norco
Landscape Maintenance District No. 3
(Centex – Tract 28626)
Prepared For
June 2024
Table of Contents
Sections
Section i. Engineer’s Statement _________________________________________________i Section 1. Plans and Specifications ______________________________________________ 1 Section 2. Cost Estimate ______________________________________________________ 3 Section 3. Method of Apportionment____________________________________________ 5 Section 4. Assessment ________________________________________________________ 8 Section 5. Assessment Diagram_________________________________________________ 9 Tables
Table 2-1. Budget Details______________________________________________________ 4 Appendices
Appendix A. Assessment Roll __________________________________________________ A-1 Appendix B. Assessment Diagram_______________________________________________ B-1
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 i
AGENCY: CITY OF NORCO
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 3
TO: CITY COUNCIL
CITY OF NORCO
STATE OF CALIFORNIA
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Norco (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape Maintenance District No. 3 (the "Report"), consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “1972 Act”), as amended, commencing with Section 22500, and which is in accordance with Resolution No. 2024-14 adopted by the City Council, Riverside County, California ordering the preparation of the Report for Landscape Maintenance District No. 3 (the “District” or “LMD No. 3”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2024-2025. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be maintained and-or improved for the mentioned Fiscal Year.
SECTION 3 The METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown in Appendix B.
SECTION 4 An ASSESSMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries of the District, as shown in Appendix B.
SECTION 5 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the boundaries of the District.
Reference is made to the Riverside County (the “County”) Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 ii
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Norco, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscape Maintenance District No. 3 liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2024.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF NORCO
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. by City Council.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of 2024.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 iii
WHEREAS, on April 17, 2024, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Levy and Collection of Assessments and the Preparation of an Engineer’s Report for LMD No. 3; Whereas, the Resolution of Intention directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operation and servicing of the improvements for LMD No. 3 for the referenced Fiscal Year, a diagram for LMD No. 3 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operation and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within LMD No. 3 in proportion to the special benefit received;
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 1
Overview
On October 20, 1999, the City Council of the City of Norco, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”) adopted its Resolution of the City Council of the City of Norco Initiating Proceedings for the Formation for a Maintenance Assessment District and thereafter formed Landscape Maintenance District No. 3 (Western Pacific).
This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2024-2025. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscaping improvements and based upon available revenues including fund balances and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
Description of Improvements and Services
The improvements are the operation, maintenance, and servicing of landscaping, wetlands, horse trails, hardscaping, and masonry, and appurtenant facilities including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services, described as follows:
Landscaping, planting, shrubbery, trees, irrigation, hardscapes, masonry wall surfaces, fixtures, and appurtenant facilities located within public right-of-way (parkways) and easements (slope) are specifically excluded. Trails and publicly owned parcels park within the boundary of the Assessment District are to be maintained except as specifically excluded.
• Landscape maintenance on Hidden Valley Parkway and Norco Hills Road includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacements.
• Slope Maintenance for exterior slopes along Hidden Valley Parkway includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacements. Also included is fuel modification along Norco Hills Road.
Equestrian trail maintenance includes minor grading, replacement of wooden posts and rails, and addition of decomposed granite for trail surface. Also includes major storm sandbag contingency.
Wetland maintenance (Lot 71) includes trash and debris cleanup, plant replacement, pest and rodent control.
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 2
Park Maintenance (Lot 2) includes trash and debris cleanup, mowing, fertilization, turf care, pest and rodent control, and observation.
Capital Improvement Projects
Equestrian Trail Fence Replacement: The City is replacing the equestrian trail fencing from wood to vinyl over a 25 year period at $29,800 per year.
Due to the failed Proposition 218 Ballot Measure in 2023 to increase the annual assessment, the City does not have any plans for any additional capital improvement projects in this District due to lack of funding.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 3
The estimated costs for the operation, maintenance and servicing of the facilities, shown in Table 2-1, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2024-2025. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with district proceedings.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessments shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments.
Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year.
On November 15, 2023, the City held a Proposition 218 Ballot Measure to increase the maximum annual assessment rate from $1,251.63 to $1,489.00. The majority of the ballots received were not in favor of the increase and thus the measure failed. The assessment rates in LMD No. 3 have been outpaced by costs and the fund balances have been depleted. The District is in a service-level deficit. Due to the lack of funding, maintenance improvement projects, including trail fence replacement will no longer be implemented and the level of service may decrease.
The cost of servicing, maintaining, repairing, and replacing the actual improvements as described in the Plans and Specifications are summarized in Table 2-1.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 4
Table 2-1
Budget Details
Direct Costs FY 2023-24 FY 2024-25
Landscape Maintenance $30,510 $40,000
Wetlands Maintenance $0 $0
Park Maintenance $0 $0
Equestrian Trails $6,270 $0
Tree and Plant Replacement and Removal $2,500 $0
Utility - Water $41,870 $35,000
Utility - Electrical $1,200 $1,000
Utility - Phone $65 $65
Capital Replacement Reserve Collection $0 $0
Total Direct Costs $82,415 $76,065
Indirect Costs
City Staff to Manage District $18,082 $17,926
Professional Services $2,704 $5,000
City Overhead/Administration $5,068 $5,100
County Administration Fees $266 $117
Fuel $0 $100
Incidentals $1,000 $1,000
Proposition 218 Proceeding $10,000 $0
Operating Reserve Collection $3,296 $1,695
Total Indirect Costs $40,416 $30,938
Total Direct & Indirect Costs $122,831 $107,003
Adjustments
Operating Reserve Contribution $0 $0
Capital Replacement Contribution $0 $0
Total Adjustments $0 $0
Total Assessment (1) $122,831 $107,003
Individual Assessment
Total Parcels 82 82
Maximum Allowable Levy per Parcel $1,251.63 $1,304.91
Proposed Levy per Parcel $1,251.63 $1,304.90
Reserve Fund Balances
Beginning Operating Reserve ($5,378) $3,581
Operating Reserve Collection/Contribution ($20,197) $1,695 Est. Ending Operating Reserve (2) ($25,575) $5,276
Beginning Capital Replacement Reserve $0 $0
Capital Reserve Collection/Contribution $0 $0
Est. Ending Capital Replacement Reserve (3) $0 $0
(1) Slight variance due to rounding. (2) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (3) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non-expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 5
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
Below is the description of the Method of Apportionment and Special Benefit and the Assessment Roll summary for the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 6
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The Assessment Engineer is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has based its determination on standard assessment practices utilized by consulting civil engineers with a background of experience in the design of such works of improvement and experience in the completion of assessment district formation projects.
IDENTIFYING THE BENEFIT
It is necessary to identify the benefit that the public improvement will render to the properties within the Assessment District. The landscaping, irrigation, and equestrian trails have been designed and will be constructed for the benefit of enhanced aesthetics and neighborhood identity for all properties within the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 7
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, several factors are being used in the final method and spread and assessment.
The individual parcels of land within the Assessment District are currently developed or have the potential for development to single-family residential units. The proposed improvements are designed to enhance the appearance and appeal of the District and all of the parcels within. The improvements will provide a sense of neighborhood identity for the District. As such, each parcel will benefit equally from the proposed improvements.
ASSESSMENT ADJUSTMENT
The assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (CPI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment.
In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index was used to escalate the Maximum Assessment Rate by 4.26% for Fiscal Year 2024-2025. The maximum per parcel assessment increased from $1,251.63 to $1,304.91. The maximum per parcel assessment of $1,304.91 will be levied.
4. Assessment
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 8
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts are presented in Appendix A.
5. Assessment Diagram
City of Norco Landscape Maintenance District No. 3
Engineer’s Report for Fiscal Year 2024-2025 9
An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made a part of this Report. A reduced scale map depicting the assessment diagram is attached hereto.
Legal Description of Landscape Maintenance District No. 3 (Beazer) That certain real property situated in the City of Norco, County of Riverside, State of California, more particularly described as follows:
Lots 3 through 70 inclusive, and Lots 72 through 221, exclusive of Lot 219, of Tract No. 25779 in the City of Norco, County of Riverside, State of California, as per map recorded in Book 284, Pages 20 through 30, inclusive, of Maps in the Office of the County Recorder of Said County.
APPENDIX A
Assessment Roll
Total 82 $107,001.80
APN Levy
123450001 $1,304.90
123450005 $1,304.90
123461003 $1,304.90
123461007 $1,304.90
123462003 $1,304.90
123462007 $1,304.90
123462011 $1,304.90
123462015 $1,304.90
123462019 $1,304.90
123471002 $1,304.90
123472001 $1,304.90
123472005 $1,304.90
123472009 $1,304.90
123472013 $1,304.90
123481001 $1,304.90
123481005 $1,304.90
123482003 $1,304.90
123482007 $1,304.90
123482011 $1,304.90
123482015 $1,304.90
123482019 $1,304.90
APN Levy
123450002 $1,304.90
123450014 $1,304.90
123461004 $1,304.90
123461008 $1,304.90
123462004 $1,304.90
123462008 $1,304.90
123462012 $1,304.90
123462016 $1,304.90
123462020 $1,304.90
123471003 $1,304.90
123472002 $1,304.90
123472006 $1,304.90
123472010 $1,304.90
123473001 $1,304.90
123481002 $1,304.90
123481006 $1,304.90
123482004 $1,304.90
123482008 $1,304.90
123482012 $1,304.90
123482016 $1,304.90
123482020 $1,304.90
APN Levy
123450003 $1,304.90
123461001 $1,304.90
123461005 $1,304.90
123462001 $1,304.90
123462005 $1,304.90
123462009 $1,304.90
123462013 $1,304.90
123462017 $1,304.90
123462021 $1,304.90
123471004 $1,304.90
123472003 $1,304.90
123472007 $1,304.90
123472011 $1,304.90
123473002 $1,304.90
123481003 $1,304.90
123482001 $1,304.90
123482005 $1,304.90
123482009 $1,304.90
123482013 $1,304.90
123482017 $1,304.90
APN Levy
123450004 $1,304.90
123461002 $1,304.90
123461006 $1,304.90
123462002 $1,304.90
123462006 $1,304.90
123462010 $1,304.90
123462014 $1,304.90
123462018 $1,304.90
123471001 $1,304.90
123471005 $1,304.90
123472004 $1,304.90
123472008 $1,304.90
123472012 $1,304.90
123473003 $1,304.90
123481004 $1,304.90
123482002 $1,304.90
123482006 $1,304.90
123482010 $1,304.90
123482014 $1,304.90
123482018 $1,304.90
Albert A. Webb Associates Page 1 of 1 Execution Time: 4/25/2024 12:15:13 PM Fiscal Year 2024-25 Assessment Roll
City of Norco 682519 - LMD No. 3
APPENDIX B
Assessment Diagram
Landscape Maintenance Distrct 3 (Centex)
NORCO
HILLS
RD
FENNEL DR
VALLEY
DR
D
O
D
GE WAY
CELERY
LN
DILL
CIR
CALICO
C
T
FRIESIAN ST
CORIANDER
CIR
S
AFFR
O
N
C
RI
RED
ROCK
WAY
PARSLEY
LN
SHETLAND
CIR
ROSEMARY
CIR
LONGHO
RN W
AY
CLY
DES
D
ALE CT
CARSON
LN
SILVER
SPRINGS LN
PA
RKVIE
W
D
R
LEGEND
District Boundary
Landscaping
Equiestrian Trails
M:\GIS-Assessment\Norco\Improvements_LMD3_Centex.mxd; 08 May 2024 0 500 1,000 Feet
CITY OF NORCO
Riverside Co. July, 2024
Improvement Location Map
Engineer’s Report
Fiscal Year 2024-2025
City of Norco
Landscape Maintenance District No. 4
(Norco Ridge Ranch – Tracts 29588 & 29589)
Prepared For
June 2024
Table of Contents
Sections
Section i. Engineer’s Statement _________________________________________________i Section 1. Plans and Specifications ______________________________________________ 1 Section 2. Cost Estimate ______________________________________________________ 2 Section 3. Method of Apportionment____________________________________________ 4 Section 4. Assessment ________________________________________________________ 7 Section 5. Assessment Diagram_________________________________________________ 8 Tables
Table 2-1. Budget Details______________________________________________________ 3 Appendices
Appendix A. Assessment Roll __________________________________________________ A-1 Appendix B. Assessment Diagram_______________________________________________ B-1
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 i
AGENCY: CITY OF NORCO
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 4
TO: CITY COUNCIL
CITY OF NORCO
STATE OF CALIFORNIA
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Norco (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape Maintenance District No. 4 (the "Report"), consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “1972 Act”), as amended, commencing with Section 22500, and which is in accordance with Resolution No. 2024-15 adopted by the City Council, Riverside County, California ordering the preparation of the Report for Landscape Maintenance District No. 4 (the “District” or “LMD No. 4”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2024-2025. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be maintained and-or improved for the mentioned Fiscal Year.
SECTION 3 The METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown in Appendix B.
SECTION 4 An ASSESSMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries of the District, as shown in Appendix B.
SECTION 5 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the boundaries of the District.
Reference is made to the Riverside County (the “County”) Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 ii
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Norco, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscape Maintenance District No. 4 liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2024.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF NORCO
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. by City Council.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of 2024.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 iii
WHEREAS, on April 17, 2024, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Levy and Collection of Assessments and the Preparation of an Engineer’s Report for LMD No. 4; Whereas, the Resolution of Intention directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operation and servicing of the improvements for LMD No. 4 for the referenced Fiscal Year, a diagram for LMD No. 4 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operation and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within LMD No. 4 in proportion to the special benefit received;
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 1
Overview
On August 7, 2002, the City Council of the City of Norco, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”) adopted its Resolution of the City Council of the City of Norco Initiating Proceedings for the Formation for a Maintenance Assessment District and thereafter formed Landscape Maintenance District No. 4 (Norco Ridge Ranch – Tracts 29588 & 29589).
This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2024-2025. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscaping improvements and based upon available revenues including fund balances and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Riverside County Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
Description of Improvements and Services
Improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way, parkways, slopes, trails, open space and dedicated easements within the boundaries of said Assessment District. The following are the facilities to be maintained within the District:
Slopes, Parkways and Trails:
• Slope landscaping – non-irrigated (3.78 acres)
• Slope landscaping – irrigated (13.17 acres)
• Fuel modification areas (17.66 acres)
• Parkway landscaping (1.11 acres)
• Equestrian trails (26.54 acres)
Open Space and Wetland Areas:
• Natural open space – non-irrigated (384.34 acres)
• Wetlands area – non-irrigated (13.04 acres)
Capital Improvement Projects
All of the equestrian trail wood fencing has been replaced with vinyl fencing for a total cost to the District of $919,432. This amount was collected over time in the Capital Replacement Reserve Fund.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 2
The estimated costs for the operation, maintenance and servicing of the facilities, shown in Table 2-1, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2024-2025. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with district proceedings.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessments shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments.
Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year.
The cost of servicing, maintaining, repairing, and replacing the actual improvements as described in the Plans and Specifications are summarized in Table 2-1.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 3
Table 2-1
Budget Details
Direct Costs FY 2023-24 FY 2024-25
Landscape Maintenance $174,320 $320,000
Wetlands Maintenance $5,760 $0
Park Maintenance $18,810 $0
Equestrian Trails $86,660 $0
Natural Open Space $14,170 $0
Tree and Plant Replacement and Removal $5,000 $5,000
Utility - Water $131,852 $90,000
Utility - Electrical $7,827 $8,000
Utility - Phone $739 $500
Capital Replacement Reserve Collection $70,000 $26,251
Total Direct Costs $515,138 $449,751
Indirect Costs
City Staff to Manage District $31,642 $31,296
Professional Services $3,893 $6,000
City Overhead/Administration $30,724 $31,500
County Administration Fees $401 $288
Fuel $0 $160
Incidentals $10,000 $5,000
Proposition 218 Proceeding $0 $0
Operating Reserve Collection $17,800 $10,000
Total Indirect Costs $94,460 $84,244
Total Direct & Indirect Costs $609,598 $533,995
Adjustments
Operating Reserve Contribution ($92,653) $0
Capital Replacement Contribution $0 $0
Total Adjustments ($92,653) $0
Total Assessment (1) $516,945 $533,995
Individual Assessment
Total EBUs 537.50 537.50
Maximum Allowable Levy per EBU $1,330.66 $1,387.31
Proposed Levy per EBU $952.91 $993.48
Reserve Fund Balances
Beginning Operating Reserve $298,060 $211,750
Operating Reserve Collection/Contribution ($92,653) $10,000 Est. Ending Operating Reserve (2) $205,407 $221,750
Beginning Capital Replacement Reserve $0 $130,337
Capital Reserve Collection/Contribution $0 $26,251
Est. Ending Capital Replacement Reserve (3) $0 $156,588 (1) Slight variance due to rounding. (2) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (3) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non-expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 4
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
Below is the description of the Method of Apportionment and Special Benefit and the Assessment Roll summary for the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 5
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste.
The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The Assessment Engineer is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has based its determination on standard assessment practices utilized by consulting civil engineers with a background of experience in the design of such works of improvement and experience in the completion of assessment district formation projects.
IDENTIFYING THE BENEFIT
It is necessary to identify the benefit that the public improvement will render to the properties within the Assessment District. The landscaping, irrigation, and equestrian trails have been designed and will be constructed for the benefit of enhanced aesthetics and neighborhood identity for all properties within the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 6
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, several factors are being used in the final method and spread and assessment.
The individual parcels of land within the Assessment District are currently developed or have the potential for development to single-family residential units. The proposed improvements are designed to enhance the appearance and appeal of the District and all of the parcels within. The improvements will provide a sense of neighborhood identity for the District.
EQUIVALENT BENEFIT UNITS:
To proportionally and equitably assess the special benefits to each parcel, it is necessary to correlate each property’s proportional benefit to other properties that benefit from the improvements and services being funded. The Equivalent Benefit Unit (EBU) method of apportionment uses a basic unit (base value) of assessment that is common to all properties benefiting from the improvements and services provided and assigns a weighted value to each parcel based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to the base value.
Single Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assigned 1.0 EBU per lot or parcel.
Each parcel within Tract Nos. 29588, -2, -3, -4, -5 and Tract Nos. 29589-1, -2, -3 benefit equally from the improvements and have been assigned 1.0 EBU. The parcels within Tract No. 29588-1 receive only the benefit of the trail maintenance and therefore have been assigned 0.22 EBUs.
ASSESSMENT ADJUSTMENT
The assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (CPI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment.
In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index was used to escalate the Maximum Assessment Rate by 4.26% for Fiscal Year 2024-2025. The maximum assessment per EBU increased from $1,330.66 to $1,387.31.
4. Assessment
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 7
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts are presented in Appendix A.
5. Assessment Diagram
City of Norco Landscape Maintenance District No. 4
Engineer’s Report for Fiscal Year 2024-2025 8
An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made a part of this Report. A reduced scale map depicting the assessment diagram is attached hereto.
APPENDIX A
Assessment Roll
APN Levy
123450015 $993.48
123450019 $993.48
123450023 $993.48
123500006 $993.48
123500010 $993.48
123500015 $993.48
123510001 $993.48
123510005 $993.48
123510009 $993.48
123511003 $993.48
123511007 $993.48
123520002 $993.48
123520006 $993.48
123520010 $993.48
123520014 $993.48
123540003 $993.48
123540007 $993.48
123540011 $993.48
123540015 $993.48
123540020 $993.48
123550001 $993.48
123550007 $993.48
123550011 $993.48
123551001 $993.48
123551005 $993.48
123560004 $993.48
123560008 $993.48
123560012 $993.48
123561004 $993.48
123570001 $993.48
123570005 $993.48
123570009 $993.48
123570013 $993.48
123570017 $993.48
123580009 $993.48
APN Levy
123450016 $993.48
123450020 $993.48
123450026 $993.48
123500007 $993.48
123500011 $993.48
123500016 $993.48
123510002 $993.48
123510006 $993.48
123510010 $993.48
123511004 $993.48
123511008 $993.48
123520003 $993.48
123520007 $993.48
123520011 $993.48
123521001 $993.48
123540004 $993.48
123540008 $993.48
123540012 $993.48
123540016 $993.48
123540021 $993.48
123550002 $993.48
123550008 $993.48
123550012 $993.48
123551002 $993.48
123560001 $993.48
123560005 $993.48
123560009 $993.48
123561001 $993.48
123561005 $993.48
123570002 $993.48
123570006 $993.48
123570010 $993.48
123570014 $993.48
123580001 $993.48
123580018 $993.48
APN Levy
123450017 $993.48
123450021 $993.48
123450027 $993.48
123500008 $993.48
123500012 $993.48
123500017 $993.48
123510003 $993.48
123510007 $993.48
123511001 $993.48
123511005 $993.48
123511009 $993.48
123520004 $993.48
123520008 $993.48
123520012 $993.48
123540001 $993.48
123540005 $993.48
123540009 $993.48
123540013 $993.48
123540017 $993.48
123540022 $993.48
123550003 $993.48
123550009 $993.48
123550019 $993.48
123551003 $993.48
123560002 $993.48
123560006 $993.48
123560010 $993.48
123561002 $993.48
123561006 $993.48
123570003 $993.48
123570007 $993.48
123570011 $993.48
123570015 $993.48
123580002 $993.48
123590001 $993.48
APN Levy
123450018 $993.48
123450022 $993.48
123450028 $993.48
123500009 $993.48
123500014 $993.48
123500018 $993.48
123510004 $993.48
123510008 $993.48
123511002 $993.48
123511006 $993.48
123520001 $993.48
123520005 $993.48
123520009 $993.48
123520013 $993.48
123540002 $993.48
123540006 $993.48
123540010 $993.48
123540014 $993.48
123540018 $993.48
123540030 $993.48
123550006 $993.48
123550010 $993.48
123550020 $993.48
123551004 $993.48
123560003 $993.48
123560007 $993.48
123560011 $993.48
123561003 $993.48
123561007 $993.48
123570004 $993.48
123570008 $993.48
123570012 $993.48
123570016 $993.48
123580003 $993.48
123590002 $993.48
Albert A. Webb Associates Page 1 of 5 Execution Time: 5/7/2024 8:26:15 AM Fiscal Year 2024-25 Assessment Roll
City of Norco 682520 - LMD No. 4
APN Levy
123590003 $993.48
123590007 $993.48
123590011 $993.48
123590015 $993.48
123591004 $993.48
123591008 $993.48
123600001 $993.48
123600005 $993.48
123600009 $993.48
123600013 $993.48
123600020 $993.48
123602001 $993.48
123602005 $993.48
123602009 $993.48
123610002 $993.48
123612001 $993.48
123612005 $993.48
123612009 $993.48
123613001 $993.48
123613005 $993.48
123620001 $993.48
123620005 $993.48
123621002 $993.48
123621006 $993.48
123621010 $993.48
123621014 $993.48
123630001 $993.48
123630005 $993.48
123630009 $993.48
123630013 $993.48
123630017 $993.48
123630021 $993.48
123640002 $993.48
123640010 $993.48
123640014 $993.48
APN Levy
123590004 $993.48
123590008 $993.48
123590012 $993.48
123591001 $993.48
123591005 $993.48
123592001 $993.48
123600002 $993.48
123600006 $993.48
123600010 $993.48
123600017 $993.48
123600021 $993.48
123602002 $993.48
123602006 $993.48
123602010 $993.48
123611001 $993.48
123612002 $993.48
123612006 $993.48
123612010 $993.48
123613002 $993.48
123613006 $993.48
123620002 $993.48
123620006 $993.48
123621003 $993.48
123621007 $993.48
123621011 $993.48
123621015 $993.48
123630002 $993.48
123630006 $993.48
123630010 $993.48
123630014 $993.48
123630018 $993.48
123630022 $993.48
123640003 $993.48
123640011 $993.48
123640015 $993.48
APN Levy
123590005 $993.48
123590009 $993.48
123590013 $993.48
123591002 $993.48
123591006 $993.48
123592002 $993.48
123600003 $993.48
123600007 $993.48
123600011 $993.48
123600018 $993.48
123600022 $993.48
123602003 $993.48
123602007 $993.48
123602011 $993.48
123611002 $993.48
123612003 $993.48
123612007 $993.48
123612011 $993.48
123613003 $993.48
123613007 $993.48
123620003 $993.48
123620007 $993.48
123621004 $993.48
123621008 $993.48
123621012 $993.48
123621016 $993.48
123630003 $993.48
123630007 $993.48
123630011 $993.48
123630015 $993.48
123630019 $993.48
123630023 $993.48
123640004 $993.48
123640012 $993.48
123640016 $993.48
APN Levy
123590006 $993.48
123590010 $993.48
123590014 $993.48
123591003 $993.48
123591007 $993.48
123592003 $993.48
123600004 $993.48
123600008 $993.48
123600012 $993.48
123600019 $993.48
123600023 $993.48
123602004 $993.48
123602008 $993.48
123610001 $993.48
123611003 $993.48
123612004 $993.48
123612008 $993.48
123612012 $993.48
123613004 $993.48
123613008 $993.48
123620004 $993.48
123621001 $993.48
123621005 $993.48
123621009 $993.48
123621013 $993.48
123621017 $993.48
123630004 $993.48
123630008 $993.48
123630012 $993.48
123630016 $993.48
123630020 $993.48
123640001 $993.48
123640005 $993.48
123640013 $993.48
123640017 $993.48
Albert A. Webb Associates Page 2 of 5 Execution Time: 5/7/2024 8:26:15 AM Fiscal Year 2024-25 Assessment Roll
City of Norco 682520 - LMD No. 4
APN Levy
123640018 $993.48
123650001 $993.48
123650005 $993.48
123650009 $993.48
123650013 $993.48
123651003 $993.48
123660004 $993.48
123660008 $993.48
123660012 $993.48
123661002 $993.48
123661006 $993.48
123661010 $993.48
123670003 $993.48
123670007 $993.48
123671002 $993.48
123671006 $993.48
123671010 $993.48
123671014 $993.48
168260002 $993.48
168260006 $993.48
168260010 $993.48
168260014 $993.48
168260018 $993.48
168260022 $993.48
168270004 $993.48
168270008 $993.48
168270012 $993.48
168270016 $993.48
168271004 $993.48
168280003 $993.48
168281001 $993.48
168281005 $993.48
168282001 $993.48
168290001 $993.48
168290005 $993.48
APN Levy
123640019 $993.48
123650002 $993.48
123650006 $993.48
123650010 $993.48
123650014 $993.48
123660001 $993.48
123660005 $993.48
123660009 $993.48
123660013 $993.48
123661003 $993.48
123661007 $993.48
123661011 $993.48
123670004 $993.48
123670008 $993.48
123671003 $993.48
123671007 $993.48
123671011 $993.48
123671015 $993.48
168260003 $993.48
168260007 $993.48
168260011 $993.48
168260015 $993.48
168260019 $993.48
168270001 $993.48
168270005 $993.48
168270009 $993.48
168270013 $993.48
168271001 $993.48
168271005 $993.48
168280004 $993.48
168281002 $993.48
168281006 $993.48
168282002 $993.48
168290002 $993.48
168290006 $993.48
APN Levy
123640020 $993.48
123650003 $993.48
123650007 $993.48
123650011 $993.48
123651001 $993.48
123660002 $993.48
123660006 $993.48
123660010 $993.48
123660014 $993.48
123661004 $993.48
123661008 $993.48
123670001 $993.48
123670005 $993.48
123670009 $993.48
123671004 $993.48
123671008 $993.48
123671012 $993.48
123671016 $993.48
168260004 $993.48
168260008 $993.48
168260012 $993.48
168260016 $993.48
168260020 $993.48
168270002 $993.48
168270006 $993.48
168270010 $993.48
168270014 $993.48
168271002 $993.48
168280001 $993.48
168280005 $993.48
168281003 $993.48
168281007 $993.48
168282003 $993.48
168290003 $993.48
168290007 $993.48
APN Levy
123640021 $993.48
123650004 $993.48
123650008 $993.48
123650012 $993.48
123651002 $993.48
123660003 $993.48
123660007 $993.48
123660011 $993.48
123661001 $993.48
123661005 $993.48
123661009 $993.48
123670002 $993.48
123670006 $993.48
123671001 $993.48
123671005 $993.48
123671009 $993.48
123671013 $993.48
168260001 $993.48
168260005 $993.48
168260009 $993.48
168260013 $993.48
168260017 $993.48
168260021 $993.48
168270003 $993.48
168270007 $993.48
168270011 $993.48
168270015 $993.48
168271003 $993.48
168280002 $993.48
168280006 $993.48
168281004 $993.48
168281008 $993.48
168282004 $993.48
168290004 $993.48
168290008 $993.48
Albert A. Webb Associates Page 3 of 5 Execution Time: 5/7/2024 8:26:15 AM Fiscal Year 2024-25 Assessment Roll
City of Norco 682520 - LMD No. 4
APN Levy
168290009 $993.48
168291002 $993.48
168291006 $993.48
168292004 $993.48
168300001 $993.48
168300005 $993.48
168300009 $993.48
168300013 $993.48
168300017 $993.48
168300021 $993.48
168300025 $993.48
168300029 $993.48
168300033 $993.48
168300037 $993.48
168311001 $993.48
168311005 $993.48
168311009 $993.48
168311013 $993.48
168311017 $993.48
168312003 $993.48
168312007 $993.48
168320003 $993.48
168320007 $993.48
168320011 $993.48
168320015 $993.48
168321002 $993.48
168321006 $993.48
168321010 $993.48
168350001 $218.18
168350005 $218.18
168350009 $218.18
168350013 $218.18
168350017 $218.18
168350021 $218.18
168350025 $218.18
APN Levy
168290010 $993.48
168291003 $993.48
168292001 $993.48
168292005 $993.48
168300002 $993.48
168300006 $993.48
168300010 $993.48
168300014 $993.48
168300018 $993.48
168300022 $993.48
168300026 $993.48
168300030 $993.48
168300034 $993.48
168300038 $993.48
168311002 $993.48
168311006 $993.48
168311010 $993.48
168311014 $993.48
168311018 $993.48
168312004 $993.48
168312008 $993.48
168320004 $993.48
168320008 $993.48
168320012 $993.48
168320016 $993.48
168321003 $993.48
168321007 $993.48
168321011 $993.48
168350002 $218.18
168350006 $218.18
168350010 $218.18
168350014 $218.18
168350018 $218.18
168350022 $218.18
APN Levy
168290011 $993.48
168291004 $993.48
168292002 $993.48
168292006 $993.48
168300003 $993.48
168300007 $993.48
168300011 $993.48
168300015 $993.48
168300019 $993.48
168300023 $993.48
168300027 $993.48
168300031 $993.48
168300035 $993.48
168300039 $993.48
168311003 $993.48
168311007 $993.48
168311011 $993.48
168311015 $993.48
168312001 $993.48
168312005 $993.48
168320001 $993.48
168320005 $993.48
168320009 $993.48
168320013 $993.48
168320017 $993.48
168321004 $993.48
168321008 $993.48
168321012 $993.48
168350003 $218.18
168350007 $218.18
168350011 $218.18
168350015 $218.18
168350019 $218.18
168350023 $218.18
APN Levy
168291001 $993.48
168291005 $993.48
168292003 $993.48
168292007 $993.48
168300004 $993.48
168300008 $993.48
168300012 $993.48
168300016 $993.48
168300020 $993.48
168300024 $993.48
168300028 $993.48
168300032 $993.48
168300036 $993.48
168310001 $993.48
168311004 $993.48
168311008 $993.48
168311012 $993.48
168311016 $993.48
168312002 $993.48
168312006 $993.48
168320002 $993.48
168320006 $993.48
168320010 $993.48
168320014 $993.48
168321001 $993.48
168321005 $993.48
168321009 $993.48
168321013 $993.48
168350004 $218.18
168350008 $218.18
168350012 $218.18
168350016 $218.18
168350020 $218.18
168350024 $218.18
Albert A. Webb Associates Page 4 of 5 Execution Time: 5/7/2024 8:26:15 AM Fiscal Year 2024-25 Assessment Roll
City of Norco 682520 - LMD No. 4
Total 557 $533,985.86
Albert A. Webb Associates Page 5 of 5 Execution Time: 5/7/2024 8:26:15 AM Fiscal Year 2024-25 Assessment Roll
City of Norco 682520 - LMD No. 4
APPENDIX B
Assessment Diagram
Landscape Maintenance Distrct 4 (Ridge Ranch)
6TH ST
FIFTH ST
TEMESCAL AVE
NORCO HILLS
RD
3RD ST
CRESTVIEW
DR FRIESIA N
ST
VALLEY DR
EL PASO
DR CALIFORNIA AVE
GRAMERCY
PL
HA RNESS
LN
AZTEC
LN
WENTWORTH
DR
W YCLIFF E
ST
DEWAR
DR
ROSEMARY
CIR
PARKVIEW DR
FOURTH ST
PEACOCK
LN
G NI GER LN
HILLSIDE AVE
SIERRA
VISTA
AVE
DAPPLEGRAY LN
WILD HORSE
LN
OL D ENBUR G LN
TILDEN PL
MT SHASTA DR
CROSS
RAIL
LN
CORIANDER
CIR
MT RUSH MORE
DR
CREIGHTON ST
A NDALUSIAN
DR
GA R DEN GROVE AVE
STABLE
WAY
CARSON LN
BRANDING IRON WAY
COLLEGE
AVE
RALEY DR
KINGMAN DR
EAST ST
BUCKSKIN LN
LA QUINTA WAY
VAND ERMOLEN DR
CENTER AVE
PEDLEY AVE
LEGEND
District Boundary
Landscaping
Park
Wetlands
Open Space
Equestrian Trails
M:\GIS-Assessment\Norco\Improvements_LMD4_Ridge_Ranch_Portrait.mxd; Map Date 09 May 2024 0 2,000 4,000 Feet
Riverside Co. GIS, July 2024
Improvement Location Map
Engineer’s Report
Fiscal Year 2024-2025
City of Norco
Landscape Maintenance District No. 5
(Hawk’s Crest)
Prepared For
June 2024
Table of Contents
Sections
Section i. Engineer’s Statement _________________________________________________i Section 1. Plans and Specifications ______________________________________________ 1 Section 2. Cost Estimate ______________________________________________________ 3 Section 3. Method of Apportionment____________________________________________ 5 Section 4. Assessment ________________________________________________________ 8 Section 5. Assessment Diagram_________________________________________________ 9 Tables
Table 2-1. Budget Details______________________________________________________ 4 Appendices
Appendix A. Assessment Roll __________________________________________________ A-1 Appendix B. Assessment Diagram_______________________________________________ B-1
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 i
AGENCY: CITY OF NORCO
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 5
TO: CITY COUNCIL
CITY OF NORCO
STATE OF CALIFORNIA
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Norco (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape Maintenance District No. 5 (the "Report"), consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “1972 Act”), as amended, commencing with Section 22500, and which is in accordance with Resolution No. 2024-16 adopted by the City Council, Riverside County, California ordering the preparation of the Report for Landscape Maintenance District No. 5 (the “District” or “LMD No. 5”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2024-2025. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be maintained and-or improved for the mentioned Fiscal Year.
SECTION 3 The METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown in Appendix B.
SECTION 4 An ASSESSMENT showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries of the District, as shown in Appendix B.
SECTION 5 An ASSESSMENT DIAGRAM of the District. Said Diagrams shall show the boundaries of the District.
Reference is made to the Riverside County (the “County”) Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 ii
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Norco, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscape Maintenance District No. 5 liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
Executed this day of 2024.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF NORCO
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. by City Council.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of 2024.
CITY CLERK
CITY OF NORCO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 iii
WHEREAS, on April 17, 2024, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Levy and Collection of Assessments and the Preparation of an Engineer’s Report for LMD No. 5; Whereas, the Resolution of Intention directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operation and servicing of the improvements for LMD No. 5 for the referenced Fiscal Year, a diagram for LMD No. 5 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operation and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within LMD No. 5 in proportion to the special benefit received;
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 1
Overview
On November 5, 2003, the City Council of the City of Norco, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”) adopted its Resolution of the City Council of the City of Norco Initiating Proceedings for the Formation for a Maintenance Assessment District and thereafter formed Landscape Maintenance District No. 5 (Hawk’s Crest).
This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2024-2025. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscaping improvements and based upon available revenues including fund balances and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
Description of Improvements and Services
Improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way, parkways, slopes, trails, open space and dedicated easements within the boundaries of said Assessment District. The following are the facilities to be maintained within the District:
• Landscape Maintenance (Park-Flat) includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacement.
• Arena Maintenance includes grading and replenishment of DG and maintenance of rail. • Equestrian Trails include minor grading, replacement of wooden posts and rails, and addition of decomposed granite for trail surface.
• Landscape Maintenance (Slope - Park & Arena) includes plant maintenance, weed, and pest control, and debris cleanup.
• Slope Maintenance includes all pruning, weed and pest control, fertilization, turf care, trash and debris cleanup, irrigation to include maintenance and repair, water cost, electrical cost for controllers, tree trimming up to 15 feet, tree staking, backflow testing, rodent control and plant replacement for exterior slopes along Fifth Street and California Ave.
• Landscape Maintenance (Parkways) includes weeding, feeding of ground cover and maintenance and trimming of street trees.
1. Plans and Specifications
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 2
Capital Improvement Projects
All of the equestrian trail wood fencing is being replaced with vinyl fencing and the cost is being collected over time in the Capital Replacement Reserve Fund.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 3
The estimated costs for the operation, maintenance and servicing of the facilities, shown in Table 2-1, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2024-2025. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with district proceedings.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessments shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments.
Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year.
The cost of servicing, maintaining, repairing, and replacing the actual improvements as described in the Plans and Specifications are summarized in Table 2-1.
2. Cost Estimate
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 4
Table 2‐1
Budget Details
Direct Costs FY 2023‐24 FY 2024‐25
Landscape Maintenance $13,210 $22,000
Arena Maintenance $0 $0
Park Maintenance $0 $0
Equestrian Trails $6,610 $0
Natural Open Space $0 $0
Tree and Plant Replacement and Removal $500 $0
Utility ‐ Water $11,726 $9,000
Utility ‐ Electrical $621 $700
Utility ‐ Phone $68 $80
Capital Replacement Reserve Collection $30,000 $40,000 Total Direct Costs $62,735 $71,780
Indirect Costs
City Staff to Manage District $13,560 $13,468
Professional Services $2,704 $4,000
City Overhead/Administration $2,956 $3,100
County Administration Fees $253 $105
Fuel $0 $80
Incidentals $1,000 $1,000
Proposition 218 Proceeding $0 $0
Operating Reserve Collection $3,175 $0
Total Indirect Costs $23,648 $21,753
Total Direct & Indirect Costs $86,383 $93,533
Adjustments
Operating Reserve Contribution ($18,293) ($22,544)
Capital Replacement Contribution $0 $0
Total Adjustments ($18,293) ($22,544)
Total Assessment (1) $68,091 $70,989
Individual Assessment
Total Parcels 50 $50
Maximum Allowable Levy per Parcel $1,400.00 $1,459.60 Proposed Levy per Parcel $1,361.81 $1,419.78
Reserve Fund Balances
Beginning Operating Reserve $118,496 $56,443
Operating Reserve Collection/Contribution ($18,293) ($22,544) Est. Ending Operating Reserve (2) $100,204 $33,899
Beginning Capital Replacement Reserve $0 $30,584
Capital Reserve Collection/Contribution $0 $40,000
Est. Ending Capital Replacement Reserve (3) $0 $70,584 (1) Slight variance due to rounding. (2) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (3) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 5
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
Below is the description of the Method of Apportionment and Special Benefit and the Assessment Roll summary for the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 6
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The Assessment Engineer is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has based its determination on standard assessment practices utilized by consulting civil engineers with a background of experience in the design of such works of improvement and experience in the completion of assessment district formation projects.
IDENTIFYING THE BENEFIT
It is necessary to identify the benefit that the public improvement will render to the properties within the Assessment District. The landscaping, irrigation, and equestrian trails have been designed and will be constructed for the benefit of enhanced aesthetics and neighborhood identity for all properties within the Assessment District.
3. Method of Apportionment
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 7
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, several factors are being used in the final method and spread and assessment.
The individual parcels of land within the Assessment District are currently developed or have the potential for development to single-family residential units. The proposed improvements are designed to enhance the appearance and appeal of the District and all of the parcels within. The improvements will provide a sense of neighborhood identity for the District. As such, each parcel will benefit equally from the proposed improvements.
ASSESSMENT ADJUSTMENT
The assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (CPI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment.
In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index was used to escalate the Maximum Assessment Rate by 4.26% for Fiscal Year 2024-2025. The maximum per parcel assessment increased from $1,400.00 to $1,459.60.
4. Assessment
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 8
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts are presented in Appendix A.
5. Assessment Diagram
City of Norco Landscape Maintenance District No. 5
Engineer’s Report for Fiscal Year 2024-2025 9
An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made a part of this Report. A reduced scale map depicting the assessment diagram is attached hereto.
Legal Description of Landscape Maintenance District No. 5 (Hawk’s Crest) That certain real property situated in the City of Norco, County of Riverside, State of California, more particularly described as follows:
Lots 1 through 50 inclusive, of Tract No. 30230 in the City of Norco, County of Riverside, State of California, as per map recorded in Book 344, Pages 40 through 45, inclusive, of Maps in the Office of the County Recorder of Said County.
APPENDIX A
Assessment Roll
Total 50 $70,989.00
APN Levy
123530001 $1,419.78
123530005 $1,419.78
123530009 $1,419.78
123530013 $1,419.78
123530017 $1,419.78
123530021 $1,419.78
123530025 $1,419.78
123531004 $1,419.78
123531008 $1,419.78
133330006 $1,419.78
133330010 $1,419.78
133330014 $1,419.78
133330018 $1,419.78
APN Levy
123530002 $1,419.78
123530006 $1,419.78
123530010 $1,419.78
123530014 $1,419.78
123530018 $1,419.78
123530022 $1,419.78
123531001 $1,419.78
123531005 $1,419.78
123531009 $1,419.78
133330007 $1,419.78
133330011 $1,419.78
133330015 $1,419.78
133330019 $1,419.78
APN Levy
123530003 $1,419.78
123530007 $1,419.78
123530011 $1,419.78
123530015 $1,419.78
123530019 $1,419.78
123530023 $1,419.78
123531002 $1,419.78
123531006 $1,419.78
123531010 $1,419.78
133330008 $1,419.78
133330012 $1,419.78
133330016 $1,419.78
APN Levy
123530004 $1,419.78
123530008 $1,419.78
123530012 $1,419.78
123530016 $1,419.78
123530020 $1,419.78
123530024 $1,419.78
123531003 $1,419.78
123531007 $1,419.78
133330005 $1,419.78
133330009 $1,419.78
133330013 $1,419.78
133330017 $1,419.78
Albert A. Webb Associates Page 1 of 1 Execution Time: 5/6/2024 3:50:47 PM Fiscal Year 2024-25 Assessment Roll
City of Norco 682521 - LMD No. 5
APPENDIX B
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City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
7.B.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: City Council
SUBJECT:
Proposition 218 Public Protest Hearing and Resolution Adjusting Solid Waste Service Rates
RECOMMENDATION:
Conduct a Public Hearing under Proposition 218 to consider protests to proposed adjustments in Solid Waste Service Rates and if protests fail, consider and adopt Resolution 2024-40, approving adjustments to Solid Waste Service Rates and providing for future inflationary increases.
SUMMARY:
On April 4, 2024, in Compliance with Article XIIID of the State of California Constitution and the Proposition 218 Omnibus Implementation Act, and AB 3030 Section 53756 of the Government Code regarding adjustments rate charges, the City mailed 9,468 public notices to all known affected property owners and ratepayers of the proposed trash rate adjustment. Staff is recommending that the City Council accept written and verbal comments on the proposed rates and to approve the proposed rates after closure of the public hearing if a majority protest is not determined.
BACKGROUND:
On March 6, 2024, the City of Norco approved a 10-year Franchise Agreement for USA Waste of California, Inc., (“USA Waste” or "WM") to provide Integrated Waste Management Services that is effective July 1, 2024. As part of the approval process the agreement included the proposed trash rates that would be effective July 1, 2024, if approved at a future public hearing. Said public hearing would be held on June 5, 2024, to consider all oral testimony and written protests to, and the adoption of the proposed rate adjustments. The notification of the public hearing (mailed April 4, 2024) included the City mailing a formal notice at least 45 days in advance of the public hearing to all known property owners of record or tenants subject to the proposed rates (see attached Notice). The rate structure for monthly Solid Waste Service is comprised of three
customer classes: (i) single-family dwelling; (ii) multi-family dwelling (including mixeduse development); and (iii) commercial development. The rates for Solid Waste Service for each customer class is determined based on: (i) the size of the container serving the property; (ii) the materials accepted in the container (e.g., garbage, recyclables, organic waste, or manure service) serving the property; and (iii) the frequency of pickups per week.
Public Hearing Process
The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service provided pursuant to a franchise agreement. All Norco property owners of record and tenants that are directly responsible to the City/Franchise Hauler for payment of fees for Solid Waste Service are invited to attend this public hearing. The City Council will hear and consider all materials and testimonies as well as all written protests against the proposed rate adjustments, including the Annual Automatic Adjustments. At the close of the public hearing, the City Council may adopt new rates, including the Annual Automatic Adjustments, if written protests against the proposed adjustments are not presented by a majority of identified parcels upon which the proposed rates are to be charged. If adopted, the rates shall take effect July 1, 2024, and shall be annually adjusted as described in the franchise agreement.
To protest the proposed rate adjustments, you must submit a written protest.
Any record owner or tenant of a parcel upon which the Solid Waste Service rates are proposed to be imposed may submit a written protest to the proposed rate adjustments and Annual Automatic Adjustments. To oppose the proposed rate adjustments, including the Annual Automatic Adjustments, a record owner or tenant must submit a written protest, even if they plan to attend the public hearing. The written protest must be actually received (not postmarked) by the City Clerk prior to the close of the public hearing. Oral, telephonic and e-mail protests will not be accepted. Each protest must be signed and include: 1) the name and signature of the property owner/tenant 2) the street address of the property receiving service 3) your Solid Waste Service account number, and 4) a clear written statement protesting the rate increase.
City Council shall conduct the Public Hearing under Proposition 218 and if no more than 50 percent of the property owners or tenants within the City of Norco protest against the proposed trash rates, it would be appropriate to adopt Resolution No. 2024-40.
FISCAL IMPACT:
The new Franchise Agreement has an established fixed Franchise Fee and Vehicle Impact Fee with an annual escalator that is not impacted by approval of trash service rates. Therefore, approval of Resolution No 2024-40 does not have a financial impact on the City.
RELATIONSHIP TO STRATEGIC PLAN:
Adoption of Resolution 2024-40 is consistent with Strategic Plan Goal No. 3 – Economic Development & Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Prop 218 Public Hearing Notice
Resolution 2024-40
CITY OF NORCO
Notice of Public Hearing on Proposed Adustments in
Solid Waste Service Rates
NOTICE IS HEREBY GIVEN that the City of Norco (“City”) City Council (“City Council”) will hold a public hearing on or after 7:00 PM on June 5, 2024, or as soon as possible thereafter, in the City Council Chambers, located at 2820 Clark Avenue, Norco, CA 92860 to consider adopting adjustments to the rates for collection and handling of garbage, recycling, organic waste, and manure disposal services within the City (collectively, “Solid Waste Service”). The proposed rate adjustments include a combination of both increases and decreases to the existing rates for various services. Said public hearing will be held to consider all oral testimony and written protests to, and the adoption of the proposed rate adjustments. This notice is being provided to you at least 45 days in advance of the public hearing as a property owner of record or tenant subject to the proposed rates described herein.
Reasons for the Adjustments
The State of California has found and declared the amount of garbage generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, has created an urgent need for state and local agencies to enact and implement aggressive integrated waste management programs. The State has directed local agencies to promote disposal site diversion and to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the amount of garbage that must be disposed of in disposal sites. The costs to design, implement, provide customer education, and monitor have resulted in cost increases in providing certain Solid Waste Services. The proposed rate adjustments are needed to meet these cost increases to ensure reliable and compliant Solid Waste Services.
Basis for the Proposed Adjustments
The proposed rate adjustments shown in Exhibit A are based upon the City’s recently adopted solid waste franchise agreement (“Franchise Agreement”) with USA Waste of California, Inc., (“Waste Management or WM”). WM provides Solid Waste Service within the City pursuant to the Franchise Agreement. The rate structure for monthly Solid Waste Service is comprised of three customer classes: (i) single-family dwelling; (ii) multi-family dwelling (including mixeduse development); and (iii) commercial development. The rates for Solid Waste Service for each customer class is determined based on: (i) the size of the container serving the property; (ii) the materials accepted in the container (e.g., garbage, recyclables, organic waste, or manure service) serving the property; and (iii) the frequency of pickups per week.
Future Automatic Rate Increases
Pursuant to the terms of the Franchise Agreement, the City anticipates future increases in the cost of providing Solid Waste Service that WM will charge. The City is proposing to annually pass through to Solid Waste Service customers any automatic consumer price index adjustments for inflation (“Annual Automatic Adjustments”). The Franchise Agreement provides for inflationary increases in Solid Waste Service rates due to the annual percentage increase, year over year, in the Consumer Price Index for All Urban Consumers: Garbage and Trash Collection Services, U.S. City Average (CUSR0000SEHG02), as determined by the United States Department of
HORSETOWN USA
CITY OF
NORCO
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 501 of 628 Labor, U.S. Bureau of Labor Statistics (“CPI”). The annual percent change is calculated by the 12-month average change in the CPI for the 12-month period published immediately prior to the adjustment. For example, the first rate adjustment effective July 1, 2025 will be based upon the percentage change between the 12-month average of the CPI from January 1, 2023 through December 31, 2023, and the 12-month average of the CPI from January 1, 2024 through December 31, 2024. These CPI adjustments will impact the Solid Waste Service rates. If approved, beginning July 1, 2025, and each July 1 thereafter for a five-year period, through and including adjustments effective on or after July 1, 2028, the rates for Solid Waste Services in Exhibit A may be adjusted annually, without a further public hearing, by an amount not to exceed the annual percentage increase, if any, in the CPI, subject to a maximum increase of 4% annually. In no event may an Annual Automatic Adjustment cause the rates to exceed the City’s cost of providing Solid Waste Services.
Public Hearing Process
All Norco property owners of record and tenants that are directly responsible to the City for payment of fees for Solid Waste Service are invited to attend this public hearing. The City Council will hear and consider all materials and testimony as well as all written protests against the proposed rate adjustments, including the Annual Automatic Adjustments. At the close of the public hearing, the City Council may adopt new rates, including the Annual Automatic Adjustments, if written protests against the proposed adjustments are not presented by a majority of identified parcels upon which the proposed rates are to be charged. If adopted, the rates shall take effect July 1, 2024, and shall be annually adjusted as described above.
To protest the proposed rate adjustments, you must submit a written protest Any record owner or tenant of a parcel upon which the Solid Waste Service rates are proposed to be imposed may submit a written protest to the proposed rate adjustments and Annual Automatic Adjustments. To oppose the proposed rate adjustments, including the Annual Automatic Adjustments, you must submit a written protest, even if you plan to attend the public hearing.
Your written protest must be actually received (not postmarked) by the City Clerk prior to the close of the public hearing. Oral, telephonic and e-mail protests will not be accepted. You must sign the protest and include: 1) the name and signature of the property owner/tenant 2) the street address of the property receiving service 3) your Solid Waste Service account number, and 4) a clear written statement protesting the rate increase. Please identify on the front of the envelope that the enclosed letter is for the “2024 Solid Waste Rate Adjustment Public Hearing.” You may mail or deliver your written protest in person to: City of Norco, Office of the City Clerk, 2870 Clark Avenue, Norco, CA 92860. Only one written protest will be counted per identified parcel. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service provided pursuant to a franchise agreement.
If you have any questions regarding this notice, please contact the Public Works Department at (951) 270-5607.
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 502 of 628 09977.00000\42103630.2
Exhibit A
Maximum Solid Waste Service Rates Effective July 1, 2024 Residential Service
Basic Service Current Rate Proposed Rate
Standard Single-Family Automated Cart Service 64G, 96G $ 37.51 $ 33.41 Standard Single-Family Automated Cart Service 35G N/A $ 30.14 Senior / Low-Income Cart Service 96G $ 30.35 $ 30.14
Senior / Low-Income Cart Service 64G $ 25.96 $ 29.40
Senior / Low-Income Cart Service 35G N/A $ 26.46
Other Residential Services
Cart Exchange (over 1 per year) $ 22.43 $ 21.00
Recycle Contamination Fee (After 2 notices in any 12 months period) N/A $ 34.91 Additional 95G-96G or 64G Trash Cart $ 10.99 $ 15.64
Additional 95G-96G or 64G Green waste Cart (Applies for second additional) $ 7.12 $ 15.64
Additional 95G-96G or 64G Recycling Cart (Applies for second additional) $ 3.44 $ 8.14 New Service Set Up Fee $ 14.68 $ 15.00
Cart Delivery (for extra cart) $ 9.86 $ 10.00
Overage Fee N/A $ 29.00
Cart Removal N/A $ 4.00
Restart Fee N/A $ 58.00
Late Fee / Customer assisted payment N/A $ 5.00
Kitchen Food Pail (Second within the same calendar year) N/A $ 16.75 Damaged/Destroyed Cart N/A At Cost
Multi-Family Dwelling Services
Multi-Family Dwelling Trash (Includes bundled rates that include 96- Gallon Recycling and 64-Gallon Organic Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G $ 33.41 $ 33.41
2CY Bin 1X Week $ 146.03 $ 132.26
2CY Bin 2X Week $ 292.07 $ 264.53
2CY Bin 3X Week $ 438.10 $ 396.79
2CY Bin 4X Week $ 584.14 $ 529.04
2CY Bin 5X Week $ 730.17 $ 661.30
2CY Bin 6X Week $ 876.21 $ 793.57
Extra PU $ 68.30 $ 68.30
3CY Bin 1X Week $ 201.16 $ 182.26
3CY Bin 2X Week $ 402.33 $ 364.52
3CY Bin 3X Week $ 603.49 $ 546.77
3CY Bin 4X Week $ 804.65 $ 729.02
3CY Bin 5X Week $ 1,005.79 $ 911.26
3CY Bin 6X Week $ 1,206.94 $ 1,093.51
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Extra PU $ 89.92 $ 89.92
4CY Bin 1X Week $ 268.22 $ 243.01
4CY Bin 2X Week $ 536.44 $ 486.02
4CY Bin 3X Week $ 804.66 $ 729.03
4CY Bin 4X Week $ 1,072.88 $ 972.05
4CY Bin 5X Week $ 1,341.10 $ 1,215.06
4CY Bin 6X Week $ 1,609.32 $ 1,458.07
Extra PU $ 119.89 $ 119.89
6CY Bin 1X Week $ 336.30 $ 332.02
6CY Bin 2X Week $ 732.65 $ 664.08
6CY Bin 3X Week $ 1,098.97 $ 996.12
6CY Bin 4X Week $ 1,465.28 $ 1,328.14
6CY Bin 5X Week $ 1,831.59 $ 1,660.17
6CY Bin 6X Week $ 2,197.93 $ 1,992.23
Extra PU $ 168.32 $ 168.32
Multi-Family Dwelling Recycling Current Rate Proposed Rate Residential Curbside 64G, 96G $ 25.72 $ 26.46
2CY Bin 1X Week $ 93.69 $ 94.23
2CY Bin 2X Week $ 187.37 $ 188.45
2CY Bin 3X Week $ 281.06 $ 282.68
2CY Bin 4X Week $ 374.75 $ 376.90
2CY Bin 5X Week $ 468.44 $ 471.13
2CY Bin 6X Week $ 562.12 $ 565.35
Extra PU $ 53.40 $ 53.40
3CY Bin 1X Week $ 124.84 $ 125.65
3CY Bin 2X Week $ 249.55 $ 251.17
3CY Bin 3X Week $ 374.43 $ 376.85
3CY Bin 4X Week $ 499.38 $ 502.61
3CY Bin 5X Week $ 624.12 $ 628.16
3CY Bin 6X Week $ 746.77 $ 751.62
Extra PU $ 74.43 $ 74.43
4CY Bin 1X Week $ 166.44 $ 167.52
4CY Bin 2X Week $ 332.87 $ 335.02
4CY Bin 3X Week $ 499.33 $ 502.56
4CY Bin 4X Week $ 665.76 $ 670.07
4CY Bin 5X Week $ 832.20 $ 837.59
4CY Bin 6X Week $ 998.63 $ 1,005.09
Extra PU $ 99.24 $ 99.24
6CY Bin 1X Week $ 216.65 $ 218.27
6CY Bin 2X Week $ 433.58 $ 436.81
6CY Bin 3X Week $ 650.25 $ 655.10
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6CY Bin 4X Week $ 867.06 $ 873.52
6CY Bin 5X Week $ 1,074.50 $ 1,082.58
6CY Bin 6X Week $ 1,306.29 $ 1,315.99
Extra PU $ 137.53 $ 137.53
Multi-Family Dwelling Organic Waste (Green Waste and Food Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G 1X Week $ 55.16 $ 55.90
Residential Curbside 64G, 96G 2X Week $ 110.31 $ 111.06 Residential Curbside 64G, 96G 3X Week $ 165.48 $ 166.22 Residential Curbside 64G, 96G 4X Week $ 220.64 $ 221.37 Residential Curbside 64G, 96G 5X Week $ 275.79 $ 276.53 2CY Bin 1X Week $ 306.18 $ 306.72
2CY Bin 2X Week $ 612.37 $ 613.45
2CY Bin 3X Week $ 918.60 $ 920.22
2CY Bin 4X Week $ 1,224.78 $ 1,226.93
2CY Bin 5X Week $ 1,530.97 $ 1,533.66
2CY Bin 6X Week $ 1,837.17 $ 1,840.40
Extra PU $ 70.71 $ 72.17
Multi-Family Dwelling Yard Waste Only (If applicable) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 36.47
2CY Bin 1X Week N/A $ 230.18
2CY Bin 2X Week N/A $ 460.36
2CY Bin 3X Week N/A $ 690.57
2CY Bin 4X Week N/A $ 920.71
2CY Bin 5X Week N/A $ 1,150.92
Additional Services
Service Description Current Rate Proposed Rate
Manure Collection 64G, 96G $ 40.91 $ 31.49
Manure Collection 2CY 1X Week $ 145.82 $ 142.04
Manure Collection 2CY 2X Week $ 266.61 $ 267.69
Manure Collection 2CY 3X Week $ 387.37 $ 388.99
Manure Collection 2CY 4X Week $ 508.13 $ 510.28
Manure Collection 2CY 5X Week $ 628.91 $ 631.60
Manure Collection Every Other Week $ 89.61 $ 94.61
Manure Extra PU $ 56.07 $ 56.07
Manure Scout Service 1X Week $ 53.56 $ -
Manure Scout Service 2X Week $ 107.13 $ -
Manure Scout Service 3X Week $ 160.69 $ -
Manure Scout Service 4X Week $ 214.25 $ -
Manure Scout Service 5X Week $ 267.82 $ -
Manure Scout Service Every Other Week $ 26.78 $ -
Manure Scout Service Extra PU $ 53.56 $ -
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Residential & Commercial Push Rate - 25 feet 1X Week $ 17.95 $ 16.70 Residential & Commercial Push Rate - 25 feet 2X Week N/A $ 33.40 Residential & Commercial Push Rate - 25 feet 3X Week N/A $ 50.10 Residential & Commercial Push Rate - 25 feet 4X Week N/A $ 66.80 Residential & Commercial Push Rate - 25 feet 5X Week N/A $ 83.50 Residential & Commercial Push Rate - 25 feet 6X Week N/A $ 100.20 Residential & Commercial Push Rate - 50 feet 1X Week $ 29.92 $ 33.40 Residential & Commercial Push Rate - 50 feet 2X Week N/A $ 66.80 Residential & Commercial Push Rate - 50 feet 3X Week N/A $ 100.20 Residential & Commercial Push Rate - 50 feet 4X Week N/A $ 133.60 Residential & Commercial Push Rate - 50 feet 5X Week N/A $ 167.00 Residential & Commercial Push Rate - 50 feet 6X Week N/A $ 200.40 Residential & Commercial Push Rate - 75 feet 1X Week $ 41.89 $ 50.10 Residential & Commercial Push Rate - 75 feet 2X Week N/A $ 100.20 Residential & Commercial Push Rate - 75 feet 3X Week N/A $ 150.30 Residential & Commercial Push Rate - 75 feet 4X Week N/A $ 200.40 Residential & Commercial Push Rate - 75 feet 5X Week N/A $ 250.50 Residential & Commercial Push Rate - 75 feet 6X Week N/A $ 300.60 Residential & Commercial Push Rate - 100 feet 1X Week N/A $ 66.80 Residential & Commercial Push Rate - 100 feet 2X Week N/A $ 133.60 Residential & Commercial Push Rate - 100 feet 3X Week N/A $ 200.40 Residential & Commercial Push Rate - 100 feet 4X Week N/A $ 267.20 Residential & Commercial Push Rate - 100 feet 5X Week N/A $ 334.00 Residential & Commercial Push Rate - 100 feet 6X Week N/A $ 400.80 Split Bin (1.5 CY Trash, 1.5CY Recycling (Space constrains customers only) Current Rate Proposed Rate
3CY Split Bin 1X Week N/A $ 179.03
3CY Split Bin 2X Week N/A $ 358.07
3CY Split Bin 3X Week N/A $ 537.11
3CY Split Bin 4X Week N/A $ 716.14
3CY Split Bin 5X Week N/A $ 895.15
Other Services Current Rate Proposed Rate
Extra Pickup 64G Organics Waste $ 12.74 $ 12.74
Extra Pickup 2CY Organics Waste $ 70.71 $ 70.71
Temporary Bin Service 3CY $ 318.68 $ 318.68
Bulky Waste Residential (Over 3 per year) per pickup $ 31.86 $ 33.00 Roll-off Pull Rates (Roll-Off Containers billed on a per pull plus Disposal Fee) Current Rate Proposed Rate
Roll-off Containers billed one per pull plus process or disposal rate 10 CY Container Per Pull $ 698.83 $ 338.66
20 CY Container Per Pull $ 698.83 $ 338.66
30 CY Container Per Pull $ 698.83 $ 338.66
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40 CY Container Per Pull $ 698.83 $ 338.66
Inactivity Fee N/A $ 318.90
Setup Fee $ 37.81 $ 38.00
*Commercial Bundled Service Comparison Current Rate Proposed Rate Commercial MSW Rate 3CY 1X Week $ 201.16 $ 182.26
Commercial 96G Recycling 1X Week $ 25.72 $ -
Commercial 64G Organic 1X Week $ 55.16 $ -
Total Bundled Rate $ 282.04 $ 182.26
Commercial Services
Commercial Trash (Includes bundled rate that include 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste) Current Rate Proposed Rate Commercial Cart Service 64G, 96G $ 44.31 $ 41.95
2CY Bin 1X Week $ 146.03 $ 132.26
2CY Bin 2X Week $ 292.07 $ 264.53
2CY Bin 3X Week $ 438.10 $ 396.79
2CY Bin 4X Week $ 584.14 $ 529.04
2CY Bin 5X Week $ 730.17 $ 661.30
2CY Bin 6X Week $ 876.21 $ 793.57
Extra PU $ 63.80 $ 63.80
3CY Bin 1X Week $ 201.16 $ 182.26
3CY Bin 2X Week $ 402.33 $ 364.52
3CY Bin 3X Week $ 603.49 $ 546.77
3CY Bin 4X Week $ 804.65 $ 729.02
3CY Bin 5X Week $ 1,005.79 $ 911.26
3CY Bin 6X Week $ 1,206.94 $ 1,093.51
Extra PU $ 89.92 $ 89.92
4CY Bin 1X Week $ 268.22 $ 243.01
4CY Bin 2X Week $ 536.44 $ 486.02
4CY Bin 3X Week $ 804.66 $ 729.03
4CY Bin 4X Week $ 1,072.88 $ 972.05
4CY Bin 5X Week $ 1,341.10 $ 1,215.06
4CY Bin 6X Week $ 1,609.32 $ 1,458.07
Extra PU $ 119.89 $ 119.89
6CY Bin 1X Week $ 366.30 $ 332.02
6CY Bin 2X Week $ 732.65 $ 664.08
6CY Bin 3X Week $ 1,098.97 $ 996.12
6CY Bin 4X Week $ 1,465.28 $ 1,328.14
6CY Bin 5X Week $ 1,831.59 $ 1,660.17
6CY Bin 6X Week $ 2,197.93 $ 1,992.23
Extra PU $ 168.32 $ 168.32
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Commercial Recycling Current Rate Proposed Rate
Residential Curbside 64G, 96G $ 25.72 $ 26.46
2CY Bin 1X Week $ 93.69 $ 94.23
2CY Bin 2X Week $ 187.37 $ 188.45
2CY Bin 3X Week $ 281.06 $ 282.68
2CY Bin 4X Week $ 374.75 $ 376.90
2CY Bin 5X Week $ 468.44 $ 471.13
2CY Bin 6X Week $ 562.12 $ 565.35
Extra PU $ 53.40 $ 53.40
3CY Bin 1X Week $ 124.84 $ 125.65
3CY Bin 2X Week $ 249.55 $ 251.17
3CY Bin 3X Week $ 374.43 $ 376.85
3CY Bin 4X Week $ 499.38 $ 502.61
3CY Bin 5X Week $ 624.12 $ 628.16
3CY Bin 6X Week $ 746.77 $ 751.62
Extra PU $ 74.43 $ 74.43
4CY Bin 1X Week $ 166.44 $ 167.52
4CY Bin 2X Week $ 332.87 $ 335.02
4CY Bin 3X Week $ 499.33 $ 502.56
4CY Bin 4X Week $ 665.76 $ 670.07
4CY Bin 5X Week $ 832.20 $ 837.59
4CY Bin 6X Week $ 998.63 $ 1,005.09
Extra PU $ 99.24 $ 99.24
6CY Bin 1X Week $ 216.65 $ 218.27
6CY Bin 2X Week $ 433.58 $ 436.81
6CY Bin 3X Week $ 650.25 $ 655.10
6CY Bin 4X Week $ 867.06 $ 873.52
6CY Bin 5X Week $ 1,074.50 $ 1,082.58
6CY Bin 6X Week $ 1,306.29 $ 1,315.99
Extra PU $ 137.53 $ 137.53
Commercial Yard Waste Only (If applicable) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 36.47
2CY Bin 1X Week N/A $ 230.18
2CY Bin 2X Week N/A $ 460.36
2CY Bin 3X Week N/A $ 690.57
2CY Bin 4X Week N/A $ 920.71
2CY Bin 5X Week N/A $ 1,150.92
Commercial Organic Waste (Green Waste and Food Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G 1X Week $ 55.16 $ 55.90
Residential Curbside 64G, 96G 2X Week $ 110.31 $ 111.06 Residential Curbside 64G, 96G 3X Week $ 165.48 $ 166.22 2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 508 of 628 09977.00000\42103630.2
Residential Curbside 64G, 96G 4X Week $ 220.64 $ 221.37 Residential Curbside 64G, 96G 5X Week $ 275.79 $ 276.53 Residential Curbside 64G, 96G 6X Week $ 330.95 $ 331.69 2CY Bin 1X Week $ 306.18 $ 306.72
2CY Bin 2X Week $ 612.37 $ 613.45
2CY Bin 3X Week $ 918.60 $ 920.22
2CY Bin 4X Week $ 1,224.78 $ 1,226.93
2CY Bin 5X Week $ 1,530.97 $ 1,533.66
2CY Bin 6X Week $ 1,837.17 $ 1,840.40
Extra PU $ 70.71 $ 70.71
Commercial Trash for Organic Waste Exempt Customers (Includes 96- Gallon Recycling Cart and no Organic Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 33.41
2CY Bin 1X Week N/A $ 121.35
2CY Bin 2X Week N/A $ 257.71
2CY Bin 3X Week N/A $ 374.43
2CY Bin 4X Week N/A $ 503.99
2CY Bin 5X Week N/A $ 633.55
2CY Bin 6X Week N/A $ 763.12
3CY Bin 1X Week N/A $ 170.81
3CY Bin 2X Week N/A $ 342.83
3CY Bin 3X Week N/A $ 521.36
3CY Bin 4X Week N/A $ 699.88
3CY Bin 5X Week N/A $ 878.40
3CY Bin 6X Week N/A $ 1,056.93
4CY Bin 1X Week N/A $ 235.52
4CY Bin 2X Week N/A $ 461.85
4CY Bin 3X Week N/A $ 699.89
4CY Bin 4X Week N/A $ 937.95
4CY Bin 5X Week N/A $ 1,176.00
4CY Bin 6X Week N/A $ 1,414.05
6CY Bin 1X Week N/A $ 327.28
6CY Bin 2X Week N/A $ 636.27
6CY Bin 3X Week N/A $ 961.54
6CY Bin 4X Week N/A $ 1,286.79
6CY Bin 5X Week N/A $ 1,556.69
6CY Bin 6X Week N/A $ 1,937.32
Compactor Haul Rates (Compactor Containers billed on a per pull plus Disposal Fee) Current Rate Proposed Rate
2CY Compactor $ 291.55 $ 291.55
Extra Collection $ 191.39 $ 191.39
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3CY Compactor $ 410.76 $ 410.76
Extra Collection $ 269.76 $ 269.76
4CY Compactor $ 547.69 $ 547.69
Extra Collection $ 359.68 $ 259.68
6CY Compactor $ 595.00 $ 595.00
Extra Collection $ 504.98 $ 504.98
Additional Services
Service Description Current Rate Proposed Rate
Lock Bin, Lock on Gate (Monthly) $ 20.91 $ 19.00
Trip Charge / Dry Run Commercial and Roll off / Delivery / Relocation (Per occurrence) N/A $ 106.63
Setup Fee (Per occurrence) $ 37.40 $ 36.00
Delivery Charge Commercial Carts (Per occurrence) N/A $ 15.00 Bin Exchange Fee (Over 1 per year) (Per occurrence) $ 68.52 $ 75.00 Recycling Contamination Fee (Per occurrence) $ 91.39 $ 91.39 Overage Fee (Per occurrence) N/A $ 75.00
Commercial Manure Collection 64G (Weekly) $ 40.91 $ 31.49 Commercial Manure Collection 2CY Bin (Weekly) $ 145.82 $ 142.04 Commercial Manure Collection 2CY Every other Week (Per occurrence) $ 89.61 $ 94.61 Commercial Manure Scout Service (Per occurrence) $ 53.56 $ - Commercial Manure Scout Service second bin same day (Per occurrence) $ 53.56 $ - Bulky Commercial Fee (Per occurrence) N/A $ 50.00
Additional Sharps Kit (After 1 per year for Standard Service and after 2 per year for Senior) N/A $ 50.00
Bin Cleaning Fee (After 1 per year) (Per occurrence) N/A $ 48.00 Damaged/Destroyed Bin (Per occurrence) At Cost
Non-Manure Scout Service 1X Week $ 53.56 $ 48.00
Non-Manure Scout Service 2X Week $ 107.13 $ 96.00
Non-Manure Scout Service 3X Week $ 160.69 $ 144.00
Non-Manure Scout Service 4X Week $ 214.25 $ 192.00
Non-Manure Scout Service 5X Week $ 267.82 $ 240.00
Non-Manure Scout Service Every Other Week $ 26.78 $ 48.00 Non-Manure Scout Service Extra PU $ 53.56 $ 48.00
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 510 of 628 RESOLUTION NO. 2024-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, ADOPTING SOLID WASTE SERVICE RATE ADJUSTMENTS
PURSUANT TO THE AGREEMENT BETWEEN THE CITY OF NORCO AND USA WASTE OF CALIFORNIA, INC. DBA WASTE MANAGEMENT OF THE
INLAND EMPIRE FOR THE COLLECTION, TRANSPORTATION,
RECYCLING, AND DISPOSAL OF SOLID WASTE AND TAKING OTHER
ACTIONS RELATED THERETO
WHEREAS, the City of Norco (“City”) approved a new agreement for providing solid waste services within the City (the “Franchise Agreement”) on March 6, 2024 with USA Waste of California, Inc., DBA Waste Management of the Inland Empire, (“Waste Management”); and
WHEREAS, as part of the new Franchise Agreement the City and Waste Management agreed to the establishment of solid waste services and rates that will be effective July 1, 2024; and
WHEREAS, the rates charged for the provision of solid waste services are “propertyrelated fees” subject to the procedural and substantive requirements of Article XIII D, Section 6 of the California Constitution (commonly known as “Proposition 218”); and WHEREAS, in compliance with Proposition 218 and the Proposition 218 Omnibus Implementation Act (commencing with Government Code Section 53750), the City on April 4, 2024 mailed 9,468 public hearing notices at least 45 days prior to the public hearing date to all known property owners, including tenants who are not property owners but are otherwise responsible for paying the solid waste rates and charges, in the City as required by Proposition 218; and
WHEREAS, on June 5, 2024 the City held a public hearing where staff presented to City Council and the public to consider the establishment of the solid waste services and rates; and
WHEREAS, the Franchise Agreement also allows for inflationary increases in the solid waste service rates to be passed-through automatically to customers annually based on Consumer Price Index for All Urban Consumers: Garbage and Trash Collection Services, U.S.
City Average (CUSR0000SEHG02), as determined by the United States Department of Labor, U.S. Bureau of Labor Statistics (“CPI”). The annual percent change is calculated by the twelve month average change in the CPI for the twelve month period published immediately prior to the adjustment (“Annual Automatic Adjustments”); and
WHEREAS, these Annual Automatic Adjustments will impact the solid waste service rates. Beginning July 1, 2025, and each July 1 thereafter for a five-year period, through and including adjustments effective on or after July 1, 2028, the rates for solid waste services in the attached Exhibit A, incorporated herein by this reference, may be adjusted annually, without a further public hearing, by an amount not to exceed the annual percentage increase, if any, in the CPI, subject to a maximum increase of 4% annually. In no event may an Annual Automatic Adjustment cause the rates to exceed the City’s cost of administering the solid waste services Franchise Agreement; and
Resolution No. 2024-40 - Waste Management Rates Adjustments
June 5, 2024
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco hereby resolves as follows:
SECTION 1. All of the foregoing recitals are true and correct and are incorporated herein.
SECTION 2. The City Council hereby finds and determines that written protests against the proposed rate adjustments were not presented by a majority of the record owners of parcels upon which solid waste service rates are imposed and tenants directly responsible for the payment of the solid waste service rates. The City Council therefore finds and determines that a majority protest does not exist and it is authorized to impose the rate adjustments as set forth herein.
SECTION 3. The City Council has evaluated and hereby approves the rates for solid waste services in the amounts set forth in Exhibit A, effective July 1, 2024 and subject to the Annual Automatic Adjustments.
SECTION 4. Beginning July 1, 2025, and each July 1 thereafter for a five-year period, through and including adjustments effective on or after July 1, 2028, the rates for solid waste services in Exhibit A may be adjusted annually, without a further public hearing, by an amount not to exceed the annual percentage increase, if any, in the CPI, subject to a maximum increase of 4% annually. In no event may an Annual Automatic Adjustment cause the rates to exceed the City’s cost of administering the solid waste services Franchise Agreement.
SECTION 5. The City Council further finds that the revenues derived from the solid waste service rates established by this Resolution: (1) do not exceed the funds required by the City to administer the solid waste services Franchise Agreement; (2) shall not be used for any other purpose than that for which the rates and charges are imposed; (3) do not exceed the proportional cost of the service attributable to each customer; (4) provide services which are immediately available to the customer; and (5) are not levied for general governmental purposes.
SECTION 6. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, City staff has determined that the adjustments in solid waste service rates are not a project subject to CEQA pursuant to Section 15378(b)(4) because the charges constitute the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, even if the action is considered a “project” subject to CEQA, it is exempt under Section 15273 of the CEQA Guidelines and Public Resources Code section 21080(b)(8) because the adjusted charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 2870 Clark Ave, Norco, CA 92860. The custodian for these records is the City Clerk.
Resolution No. 2024-40 - Waste Management Rates Adjustments
June 5, 2024
SECTION 7. All prior resolutions, or parts thereof, that are inconsistent with any provision of this Resolution are hereby superseded only to the extent of such inconsistency.
SECTION 8. If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby.
The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid.
SECTION 9. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on June 5, 2024.
Kevin Bash, Mayor
City of Norco,
California
ATTEST:
Dana Roa, CMC, City Clerk City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 5, 2024 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on June 5, 2024.
Dana Roa, CMC, City Clerk City of Norco, California
Attachment: Exhibit A – Trash Rates Effective July 1, 2024
09977.00000\42103630.2
Exhibit A
Maximum Solid Waste Service Rates Effective July 1, 2024 Residential Service
Basic Service Current Rate Proposed Rate
Standard Single-Family Automated Cart Service 64G, 96G $ 37.51 $ 33.41 Standard Single-Family Automated Cart Service 35G N/A $ 30.14 Senior / Low-Income Cart Service 96G $ 30.35 $ 30.14
Senior / Low-Income Cart Service 64G $ 25.96 $ 29.40
Senior / Low-Income Cart Service 35G N/A $ 26.46
Other Residential Services
Cart Exchange (over 1 per year) $ 22.43 $ 21.00
Recycle Contamination Fee (After 2 notices in any 12 months period) N/A $ 34.91 Additional 95G-96G or 64G Trash Cart $ 10.99 $ 15.64
Additional 95G-96G or 64G Green waste Cart (Applies for second additional) $ 7.12 $ 15.64
Additional 95G-96G or 64G Recycling Cart (Applies for second additional) $ 3.44 $ 8.14 New Service Set Up Fee $ 14.68 $ 15.00
Cart Delivery (for extra cart) $ 9.86 $ 10.00
Overage Fee N/A $ 29.00
Cart Removal N/A $ 4.00
Restart Fee N/A $ 58.00
Late Fee / Customer assisted payment N/A $ 5.00
Kitchen Food Pail (Second within the same calendar year) N/A $ 16.75 Damaged/Destroyed Cart N/A At Cost
Multi-Family Dwelling Services
Multi-Family Dwelling Trash (Includes bundled rates that include 96- Gallon Recycling and 64-Gallon Organic Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G $ 33.41 $ 33.41
2CY Bin 1X Week $ 146.03 $ 132.26
2CY Bin 2X Week $ 292.07 $ 264.53
2CY Bin 3X Week $ 438.10 $ 396.79
2CY Bin 4X Week $ 584.14 $ 529.04
2CY Bin 5X Week $ 730.17 $ 661.30
2CY Bin 6X Week $ 876.21 $ 793.57
Extra PU $ 68.30 $ 68.30
3CY Bin 1X Week $ 201.16 $ 182.26
3CY Bin 2X Week $ 402.33 $ 364.52
3CY Bin 3X Week $ 603.49 $ 546.77
3CY Bin 4X Week $ 804.65 $ 729.02
3CY Bin 5X Week $ 1,005.79 $ 911.26
3CY Bin 6X Week $ 1,206.94 $ 1,093.51
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Extra PU $ 89.92 $ 89.92
4CY Bin 1X Week $ 268.22 $ 243.01
4CY Bin 2X Week $ 536.44 $ 486.02
4CY Bin 3X Week $ 804.66 $ 729.03
4CY Bin 4X Week $ 1,072.88 $ 972.05
4CY Bin 5X Week $ 1,341.10 $ 1,215.06
4CY Bin 6X Week $ 1,609.32 $ 1,458.07
Extra PU $ 119.89 $ 119.89
6CY Bin 1X Week $ 336.30 $ 332.02
6CY Bin 2X Week $ 732.65 $ 664.08
6CY Bin 3X Week $ 1,098.97 $ 996.12
6CY Bin 4X Week $ 1,465.28 $ 1,328.14
6CY Bin 5X Week $ 1,831.59 $ 1,660.17
6CY Bin 6X Week $ 2,197.93 $ 1,992.23
Extra PU $ 168.32 $ 168.32
Multi-Family Dwelling Recycling Current Rate Proposed Rate Residential Curbside 64G, 96G $ 25.72 $ 26.46
2CY Bin 1X Week $ 93.69 $ 94.23
2CY Bin 2X Week $ 187.37 $ 188.45
2CY Bin 3X Week $ 281.06 $ 282.68
2CY Bin 4X Week $ 374.75 $ 376.90
2CY Bin 5X Week $ 468.44 $ 471.13
2CY Bin 6X Week $ 562.12 $ 565.35
Extra PU $ 53.40 $ 53.40
3CY Bin 1X Week $ 124.84 $ 125.65
3CY Bin 2X Week $ 249.55 $ 251.17
3CY Bin 3X Week $ 374.43 $ 376.85
3CY Bin 4X Week $ 499.38 $ 502.61
3CY Bin 5X Week $ 624.12 $ 628.16
3CY Bin 6X Week $ 746.77 $ 751.62
Extra PU $ 74.43 $ 74.43
4CY Bin 1X Week $ 166.44 $ 167.52
4CY Bin 2X Week $ 332.87 $ 335.02
4CY Bin 3X Week $ 499.33 $ 502.56
4CY Bin 4X Week $ 665.76 $ 670.07
4CY Bin 5X Week $ 832.20 $ 837.59
4CY Bin 6X Week $ 998.63 $ 1,005.09
Extra PU $ 99.24 $ 99.24
6CY Bin 1X Week $ 216.65 $ 218.27
6CY Bin 2X Week $ 433.58 $ 436.81
6CY Bin 3X Week $ 650.25 $ 655.10
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6CY Bin 4X Week $ 867.06 $ 873.52
6CY Bin 5X Week $ 1,074.50 $ 1,082.58
6CY Bin 6X Week $ 1,306.29 $ 1,315.99
Extra PU $ 137.53 $ 137.53
Multi-Family Dwelling Organic Waste (Green Waste and Food Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G 1X Week $ 55.16 $ 55.90
Residential Curbside 64G, 96G 2X Week $ 110.31 $ 111.06 Residential Curbside 64G, 96G 3X Week $ 165.48 $ 166.22 Residential Curbside 64G, 96G 4X Week $ 220.64 $ 221.37 Residential Curbside 64G, 96G 5X Week $ 275.79 $ 276.53 2CY Bin 1X Week $ 306.18 $ 306.72
2CY Bin 2X Week $ 612.37 $ 613.45
2CY Bin 3X Week $ 918.60 $ 920.22
2CY Bin 4X Week $ 1,224.78 $ 1,226.93
2CY Bin 5X Week $ 1,530.97 $ 1,533.66
2CY Bin 6X Week $ 1,837.17 $ 1,840.40
Extra PU $ 70.71 $ 72.17
Multi-Family Dwelling Yard Waste Only (If applicable) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 36.47
2CY Bin 1X Week N/A $ 230.18
2CY Bin 2X Week N/A $ 460.36
2CY Bin 3X Week N/A $ 690.57
2CY Bin 4X Week N/A $ 920.71
2CY Bin 5X Week N/A $ 1,150.92
Additional Services
Service Description Current Rate Proposed Rate
Manure Collection 64G, 96G $ 40.91 $ 31.49
Manure Collection 2CY 1X Week $ 145.82 $ 142.04
Manure Collection 2CY 2X Week $ 266.61 $ 267.69
Manure Collection 2CY 3X Week $ 387.37 $ 388.99
Manure Collection 2CY 4X Week $ 508.13 $ 510.28
Manure Collection 2CY 5X Week $ 628.91 $ 631.60
Manure Collection Every Other Week $ 89.61 $ 94.61
Manure Extra PU $ 56.07 $ 56.07
Manure Scout Service 1X Week $ 53.56 $ -
Manure Scout Service 2X Week $ 107.13 $ -
Manure Scout Service 3X Week $ 160.69 $ -
Manure Scout Service 4X Week $ 214.25 $ -
Manure Scout Service 5X Week $ 267.82 $ -
Manure Scout Service Every Other Week $ 26.78 $ -
Manure Scout Service Extra PU $ 53.56 $ -
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 516 of 628 09977.00000\42103630.2
Residential & Commercial Push Rate - 25 feet 1X Week $ 17.95 $ 16.70 Residential & Commercial Push Rate - 25 feet 2X Week N/A $ 33.40 Residential & Commercial Push Rate - 25 feet 3X Week N/A $ 50.10 Residential & Commercial Push Rate - 25 feet 4X Week N/A $ 66.80 Residential & Commercial Push Rate - 25 feet 5X Week N/A $ 83.50 Residential & Commercial Push Rate - 25 feet 6X Week N/A $ 100.20 Residential & Commercial Push Rate - 50 feet 1X Week $ 29.92 $ 33.40 Residential & Commercial Push Rate - 50 feet 2X Week N/A $ 66.80 Residential & Commercial Push Rate - 50 feet 3X Week N/A $ 100.20 Residential & Commercial Push Rate - 50 feet 4X Week N/A $ 133.60 Residential & Commercial Push Rate - 50 feet 5X Week N/A $ 167.00 Residential & Commercial Push Rate - 50 feet 6X Week N/A $ 200.40 Residential & Commercial Push Rate - 75 feet 1X Week $ 41.89 $ 50.10 Residential & Commercial Push Rate - 75 feet 2X Week N/A $ 100.20 Residential & Commercial Push Rate - 75 feet 3X Week N/A $ 150.30 Residential & Commercial Push Rate - 75 feet 4X Week N/A $ 200.40 Residential & Commercial Push Rate - 75 feet 5X Week N/A $ 250.50 Residential & Commercial Push Rate - 75 feet 6X Week N/A $ 300.60 Residential & Commercial Push Rate - 100 feet 1X Week N/A $ 66.80 Residential & Commercial Push Rate - 100 feet 2X Week N/A $ 133.60 Residential & Commercial Push Rate - 100 feet 3X Week N/A $ 200.40 Residential & Commercial Push Rate - 100 feet 4X Week N/A $ 267.20 Residential & Commercial Push Rate - 100 feet 5X Week N/A $ 334.00 Residential & Commercial Push Rate - 100 feet 6X Week N/A $ 400.80 Split Bin (1.5 CY Trash, 1.5CY Recycling (Space constrains customers only) Current Rate Proposed Rate
3CY Split Bin 1X Week N/A $ 179.03
3CY Split Bin 2X Week N/A $ 358.07
3CY Split Bin 3X Week N/A $ 537.11
3CY Split Bin 4X Week N/A $ 716.14
3CY Split Bin 5X Week N/A $ 895.15
Other Services Current Rate Proposed Rate
Extra Pickup 64G Organics Waste $ 12.74 $ 12.74
Extra Pickup 2CY Organics Waste $ 70.71 $ 70.71
Temporary Bin Service 3CY $ 318.68 $ 318.68
Bulky Waste Residential (Over 3 per year) per pickup $ 31.86 $ 33.00 Roll-off Pull Rates (Roll-Off Containers billed on a per pull plus Disposal Fee) Current Rate Proposed Rate
Roll-off Containers billed one per pull plus process or disposal rate 10 CY Container Per Pull $ 698.83 $ 338.66
20 CY Container Per Pull $ 698.83 $ 338.66
30 CY Container Per Pull $ 698.83 $ 338.66
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 517 of 628 09977.00000\42103630.2
40 CY Container Per Pull $ 698.83 $ 338.66
Inactivity Fee N/A $ 318.90
Setup Fee $ 37.81 $ 38.00
*Commercial Bundled Service Comparison Current Rate Proposed Rate Commercial MSW Rate 3CY 1X Week $ 201.16 $ 182.26
Commercial 96G Recycling 1X Week $ 25.72 $ -
Commercial 64G Organic 1X Week $ 55.16 $ -
Total Bundled Rate $ 282.04 $ 182.26
Commercial Services
Commercial Trash (Includes bundled rate that include 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste) Current Rate Proposed Rate Commercial Cart Service 64G, 96G $ 44.31 $ 41.95
2CY Bin 1X Week $ 146.03 $ 132.26
2CY Bin 2X Week $ 292.07 $ 264.53
2CY Bin 3X Week $ 438.10 $ 396.79
2CY Bin 4X Week $ 584.14 $ 529.04
2CY Bin 5X Week $ 730.17 $ 661.30
2CY Bin 6X Week $ 876.21 $ 793.57
Extra PU $ 63.80 $ 63.80
3CY Bin 1X Week $ 201.16 $ 182.26
3CY Bin 2X Week $ 402.33 $ 364.52
3CY Bin 3X Week $ 603.49 $ 546.77
3CY Bin 4X Week $ 804.65 $ 729.02
3CY Bin 5X Week $ 1,005.79 $ 911.26
3CY Bin 6X Week $ 1,206.94 $ 1,093.51
Extra PU $ 89.92 $ 89.92
4CY Bin 1X Week $ 268.22 $ 243.01
4CY Bin 2X Week $ 536.44 $ 486.02
4CY Bin 3X Week $ 804.66 $ 729.03
4CY Bin 4X Week $ 1,072.88 $ 972.05
4CY Bin 5X Week $ 1,341.10 $ 1,215.06
4CY Bin 6X Week $ 1,609.32 $ 1,458.07
Extra PU $ 119.89 $ 119.89
6CY Bin 1X Week $ 366.30 $ 332.02
6CY Bin 2X Week $ 732.65 $ 664.08
6CY Bin 3X Week $ 1,098.97 $ 996.12
6CY Bin 4X Week $ 1,465.28 $ 1,328.14
6CY Bin 5X Week $ 1,831.59 $ 1,660.17
6CY Bin 6X Week $ 2,197.93 $ 1,992.23
Extra PU $ 168.32 $ 168.32
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 518 of 628 09977.00000\42103630.2
Commercial Recycling Current Rate Proposed Rate
Residential Curbside 64G, 96G $ 25.72 $ 26.46
2CY Bin 1X Week $ 93.69 $ 94.23
2CY Bin 2X Week $ 187.37 $ 188.45
2CY Bin 3X Week $ 281.06 $ 282.68
2CY Bin 4X Week $ 374.75 $ 376.90
2CY Bin 5X Week $ 468.44 $ 471.13
2CY Bin 6X Week $ 562.12 $ 565.35
Extra PU $ 53.40 $ 53.40
3CY Bin 1X Week $ 124.84 $ 125.65
3CY Bin 2X Week $ 249.55 $ 251.17
3CY Bin 3X Week $ 374.43 $ 376.85
3CY Bin 4X Week $ 499.38 $ 502.61
3CY Bin 5X Week $ 624.12 $ 628.16
3CY Bin 6X Week $ 746.77 $ 751.62
Extra PU $ 74.43 $ 74.43
4CY Bin 1X Week $ 166.44 $ 167.52
4CY Bin 2X Week $ 332.87 $ 335.02
4CY Bin 3X Week $ 499.33 $ 502.56
4CY Bin 4X Week $ 665.76 $ 670.07
4CY Bin 5X Week $ 832.20 $ 837.59
4CY Bin 6X Week $ 998.63 $ 1,005.09
Extra PU $ 99.24 $ 99.24
6CY Bin 1X Week $ 216.65 $ 218.27
6CY Bin 2X Week $ 433.58 $ 436.81
6CY Bin 3X Week $ 650.25 $ 655.10
6CY Bin 4X Week $ 867.06 $ 873.52
6CY Bin 5X Week $ 1,074.50 $ 1,082.58
6CY Bin 6X Week $ 1,306.29 $ 1,315.99
Extra PU $ 137.53 $ 137.53
Commercial Yard Waste Only (If applicable) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 36.47
2CY Bin 1X Week N/A $ 230.18
2CY Bin 2X Week N/A $ 460.36
2CY Bin 3X Week N/A $ 690.57
2CY Bin 4X Week N/A $ 920.71
2CY Bin 5X Week N/A $ 1,150.92
Commercial Organic Waste (Green Waste and Food Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G 1X Week $ 55.16 $ 55.90
Residential Curbside 64G, 96G 2X Week $ 110.31 $ 111.06 Residential Curbside 64G, 96G 3X Week $ 165.48 $ 166.22 2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 519 of 628 09977.00000\42103630.2
Residential Curbside 64G, 96G 4X Week $ 220.64 $ 221.37 Residential Curbside 64G, 96G 5X Week $ 275.79 $ 276.53 Residential Curbside 64G, 96G 6X Week $ 330.95 $ 331.69 2CY Bin 1X Week $ 306.18 $ 306.72
2CY Bin 2X Week $ 612.37 $ 613.45
2CY Bin 3X Week $ 918.60 $ 920.22
2CY Bin 4X Week $ 1,224.78 $ 1,226.93
2CY Bin 5X Week $ 1,530.97 $ 1,533.66
2CY Bin 6X Week $ 1,837.17 $ 1,840.40
Extra PU $ 70.71 $ 70.71
Commercial Trash for Organic Waste Exempt Customers (Includes 96- Gallon Recycling Cart and no Organic Waste) Current Rate Proposed Rate Residential Curbside 64G, 96G N/A $ 33.41
2CY Bin 1X Week N/A $ 121.35
2CY Bin 2X Week N/A $ 257.71
2CY Bin 3X Week N/A $ 374.43
2CY Bin 4X Week N/A $ 503.99
2CY Bin 5X Week N/A $ 633.55
2CY Bin 6X Week N/A $ 763.12
3CY Bin 1X Week N/A $ 170.81
3CY Bin 2X Week N/A $ 342.83
3CY Bin 3X Week N/A $ 521.36
3CY Bin 4X Week N/A $ 699.88
3CY Bin 5X Week N/A $ 878.40
3CY Bin 6X Week N/A $ 1,056.93
4CY Bin 1X Week N/A $ 235.52
4CY Bin 2X Week N/A $ 461.85
4CY Bin 3X Week N/A $ 699.89
4CY Bin 4X Week N/A $ 937.95
4CY Bin 5X Week N/A $ 1,176.00
4CY Bin 6X Week N/A $ 1,414.05
6CY Bin 1X Week N/A $ 327.28
6CY Bin 2X Week N/A $ 636.27
6CY Bin 3X Week N/A $ 961.54
6CY Bin 4X Week N/A $ 1,286.79
6CY Bin 5X Week N/A $ 1,556.69
6CY Bin 6X Week N/A $ 1,937.32
Compactor Haul Rates (Compactor Containers billed on a per pull plus Disposal Fee) Current Rate Proposed Rate
2CY Compactor $ 291.55 $ 291.55
Extra Collection $ 191.39 $ 191.39
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3CY Compactor $ 410.76 $ 410.76
Extra Collection $ 269.76 $ 269.76
4CY Compactor $ 547.69 $ 547.69
Extra Collection $ 359.68 $ 259.68
6CY Compactor $ 595.00 $ 595.00
Extra Collection $ 504.98 $ 504.98
Additional Services
Service Description Current Rate Proposed Rate
Lock Bin, Lock on Gate (Monthly) $ 20.91 $ 19.00
Trip Charge / Dry Run Commercial and Roll off / Delivery / Relocation (Per occurrence) N/A $ 106.63
Setup Fee (Per occurrence) $ 37.40 $ 36.00
Delivery Charge Commercial Carts (Per occurrence) N/A $ 15.00 Bin Exchange Fee (Over 1 per year) (Per occurrence) $ 68.52 $ 75.00 Recycling Contamination Fee (Per occurrence) $ 91.39 $ 91.39 Overage Fee (Per occurrence) N/A $ 75.00
Commercial Manure Collection 64G (Weekly) $ 40.91 $ 31.49 Commercial Manure Collection 2CY Bin (Weekly) $ 145.82 $ 142.04 Commercial Manure Collection 2CY Every other Week (Per occurrence) $ 89.61 $ 94.61 Commercial Manure Scout Service (Per occurrence) $ 53.56 $ - Commercial Manure Scout Service second bin same day (Per occurrence) $ 53.56 $ - Bulky Commercial Fee (Per occurrence) N/A $ 50.00
Additional Sharps Kit (After 1 per year for Standard Service and after 2 per year for Senior) N/A $ 50.00
Bin Cleaning Fee (After 1 per year) (Per occurrence) N/A $ 48.00 Damaged/Destroyed Bin (Per occurrence) At Cost
Non-Manure Scout Service 1X Week $ 53.56 $ 48.00
Non-Manure Scout Service 2X Week $ 107.13 $ 96.00
Non-Manure Scout Service 3X Week $ 160.69 $ 144.00
Non-Manure Scout Service 4X Week $ 214.25 $ 192.00
Non-Manure Scout Service 5X Week $ 267.82 $ 240.00
Non-Manure Scout Service Every Other Week $ 26.78 $ 48.00 Non-Manure Scout Service Extra PU $ 53.56 $ 48.00
2870 Clark Avenue • Norco, California 92860 • 951-270-5607 Page 521 of 628 City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
7.C.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
Zone Code Amendment 2024-03 (City of Norco): A City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating/clarifying the provisions for parking, unit size, exterior non-habitable ADU areas, and cross references to state ADU law in response to recently passed state legislation
RECOMMENDATION:
Adopt Ordinance 1117, approving Zone Code Amendment 2024-03.
SUMMARY:
This is a City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, with the main purpose of updating/clarifying the provisions for parking. Additional "cleanup" amendments are proposed to: clarify the allowed unit size for attached ADUs, clarify the provision of exterior ADU non-habitable (i.e. porches and patios) areas, and cite updated cross references to the Government Code Sections pertaining to state ADU law in response to recently passed state legislation.
BACKGROUND:
This proposed Zone Code Amendment clarifies provisions for ADU parking.
Norco Municipal Code (NMC) Section 18.30.46(E)(8), noted below does not require, but also does not expressly prohibit, a two-car garage for an ADU. This section also cross references NMC Chapter 18.38 - "General Provision - Off-Street Parking and Loading", which legally suggests that parking for the ADU can be the same format as the main dwelling, which is a two-car garage (see the bold and underlined verbiage).
Section 18.30.46 (E)
8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter 18.38 (General Provisions—Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be nine feet by 20 feet and are not required to be covered or within a garage.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
The code sections cited above create a legal “loophole” and ultimately allows the option for an individual to construct a two-car garage attached to a 1,200 square-foot detached ADU. This amendment will clarify the City’s ADU regulations by explicitly prohibiting attached garages and carports in conjunction with a detached ADU. Section
18.30.46(E) (8)(a) is proposed to be amended as follows (amendments are in red):
8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter 18.38 (General Provisions—Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be nine9 feet by 20 feet and are not required to be covered or within a garage. No attached garage or carport is allowed with a Detached Accessory Dwelling Unit, as noted in Section 18.30.46 E(1)(b) of this Chapter.
No changes are proposed to subsections "b" and "c" of Section 18.30.46(E)(8) and will remain the same.
Cleanup items also included with this amendment are as follows:
1. Section 18.30.46(E)(1)(b) noted as a cross refence in the ADU parking requirements will be amended to state the prohibition of an attached garage/carport.
2. Section 18.30.46(E)(1)(b) will set a size limit of 50 square-feet for all exterior nonhabitable areas such as patios and porches for a detached ADU, will clarify that all patios/porches count toward the 1,200 square-foot size limit for detached ADUs (this has been a policy, but must be codified to be enforceable).
3. Section 18.30.46(E)(1)(a) will clarify that the maximum size of an ADU converted from space within a primary dwelling is limited to 50% of the total square footage of the existing primary dwelling (this percentage was missing from the ADU Ordinance).
4. Section 18.30.46(E)(5)(b) will update cross references pertaining to the creation of ADUs to new government code sections, per SB 477.
The full text of Chapter 18.30.46 (ADU Ordinance) containing the changes to the Zoning Code are attached (Exhibit A – NMC Chapter 18.30.46 redlines).
The Planning Commission heard this item on its regular meeting on Wednesday, May 8, 2024. The Commission wanted to add language that explicitly prohibited attached carports in addition to attached garages with detached ADUs. This verbiage was incorporated in this report and the attached resolution. The Planning Commission unanimously approved a resolution recommending that the City Council approve Zone Code Amendment 2024-03.
The proposed changes have not been triggered by California Department Housing and Community Development (HCD) and are not in conflict with State law, but are necessary to avoid confusion among the community. However, since these changes modify city regulations for ADUs, the changes will need to be submitted to HCD.
IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed Zone Code Amendment has been deemed exempt from environmental review as there is no possibility that the proposed changes would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment. Staff is recommending that a Notice of Exemption be prepared and be filed in accordance with CEQA Guidelines.
FISCAL IMPACT:
Not applicable for this line item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney