Norco City Council
August 7, 2024

Ordinance No. 1121

a) Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood water. See Section 15.60.160(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.60.160(B).

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b) Detached garages and accessory structures.

1. "Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section

15.60.040, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a) Use of the accessory structure must be limited to parking or limited storage;
b) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment provisions in Section 15.60.210; and
f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 15.60.160(C)(3).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable Building Code standards.

15.60.170 - Standards for utilities.

Ordinance No. 1121

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate the following:

1. Infiltration of flood waters into the systems

2. Discharge from the systems into flood waters
B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

15.60.180 - Standards for subdivisions and other proposed development.

A. All new subdivision proposal and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a Registered Civil engineer or Licensed Land Surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a) Lowest floor elevation.
b) Pad elevation.
c) Lowest adjacent grade.

B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

15.60.190 - Standards for manufactured homes.

Ordinance No. 1121

A. All manufactured homes that are placed, or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1. Within Zones AI-30, AH, and AE on the City's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AI-30, AH and AE, on the City's Flood Insurance Rate Map that are not subject to the provisions of Section

15.60.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement and be elevated so that either the:

1. Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a Registered Civil Engineer or Licensed Land Surveyor and verified by the City’s Building Inspector to be properly elevated.

Such certification and verification shall be provided to the Floodplain Administrator.

15.60.200 - Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones AI-30, AH and AE on the City's flood insurance rate map shall either:

1. Be on the site for fewer than one hundred eighty consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Ordinance No. 1121

3. Meet the permit requirements of Section 15.60.140 of this chapter and the elevation and anchoring requirements for manufactured homes in Section

15.60.190(A) of this chapter.

15.60.210 - Floodways.

Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Within an adopted regulatory floodway, the City of Norco shall prohibit encroachments, including fill, new constriction, substantial improvements, and other development, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice and certification by a Registered Civil Engineer is provided that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

B. If Sections 15.60.210 (A) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 15.60.160 through

15.60.200.

C. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the applicant first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR) and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with 44CFR 65.12.

15.60.220 - Nature of variances.

The issuance of variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actual risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of this chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of his chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.

The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the governing body to help protect the residents and their property from flooding. This duty is so compelling and the implications of the cost of insuring a

Ordinance No. 1121

structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter should be quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

15.60.230 - Conditions for variances.

A. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.60.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic character and design of the structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

B. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

C. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to the elevation which the City Council believes will both provide relief and preserve the integrity of this chapter.

D. Any applicant to whom a variance is granted shall be given written notice over the signature of a City Official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and

2. Such construction below the base flood level increases risks to life and property.

It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the County of Riverside Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

15.60.240 - Appeal board.

Ordinance No. 1121

A. In passing upon requests for variances, the City Council shall hold a public hearing and consider all technical evaluations, all relevant factors and standards specified in this chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others; and

2. Danger of life and property due to flooding or erosion damage; and

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; and

4. Importance of the services provided by the proposed facility to the community; and

5. Necessity to the facility of a waterfront location, where applicable; and

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; and

7. Compatibility of the proposed use with existing and anticipated development; and

8. Relationship of the proposed use to the specific plan, general plan and floodplain management program for that area; and

9. Safety of access to the property in time of flood for ordinary and emergency vehicles; and

10.Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

B. Variances shall only be issued upon:

1. Showing of good and sufficient cause; and

2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

Ordinance No. 1121

C. Variance may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.60.250(A) through 15.60.250(D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

D. Upon consideration of the factors of Section 15.60.250 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

15.60.250 – Inspections
A. Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

B. Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

C. Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation, replacement, substantial improvements of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section

15.60.190 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

D. Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official. For new or substantially improved non-residential buildings and structures, FEMA’s floodproofing certification should be required prior to final inspection.

Ordinance No. 1121

2. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.

15.60.260 – Violations
A. Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

B. Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.

C. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

SECTION 2: EFFECTIVE DATE. This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3: SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, subsections, sentences, clauses, or phrases 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 hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 7, 2024.

Ordinance No. 1121

______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 17, 2024 and thereafter at a regular meeting of said City Council duly held on August 7, 2024, it was duly passed and adopted by the following vote of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 7, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

5.C.

To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:

Second Reading of Ordinance No. 1122 - Code Amendment 2024-08 (City of Norco) - A City initiated amendment of Title 2 of the Norco Municipal Code (NMC), Chapter 2.06 "City Council Salaries" to adjust Council Member Compensation RECOMMENDATION:

Adopt Ordinance No. 1122, Second reading: An Ordinance of the City Council of the City of Norco amending the Norco Municipal Code Title 2, Chapter 2.06 “City Council Salaries” increasing the compensation of City Council Members – Code Amendment 2024-08
SUMMARY:

The First Reading of Ordinance No. 1122 was held on July 17, 2024 and was adopted by City Council.

BACKGROUND:

A City Council may enact an Ordinance providing that each member of the City Council shall receive a salary based on the population of the city. (Gov Code 36516(a)(1)). SB 329, which was signed into law in 2023, provides a mechanism for the adjustment of council member compensation for inflation; previously, this statute had not been updated in nearly 40 years.

Under the updated statutes, in cities with a population up to and including 35,000 people, compensation is up to and including nine hundred fifty dollars ($950.00) per month. (Gov Code 36516(a)(2)(A)). The City of Norco has a population of approximately 25,042 people.

The salary of Council Members may be increased beyond the $950.00 as provided in Government Code section 36516, subdvs. (a)(2)(A) by ordinance, but the amount of the increase shall not exceed the greater of either an amount equal to 5% for each calendar

year from the operative date of the last adjustment of the salary or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price index, which shall not exceed 10% for each calendar year. The 5% increase is not compounded; it is 5% times the number of years since the last adjustment. (89 Ops. Cal. Atty. Gen. 159 (2006)).

Under the statute, the 5% increase runs from the last year compensation was increased. In 2001, the City Council set its compensation at $550 per month and that was the last increase to compensation. 23 years have passed since the last adjustment, which would allow an adjustment in compensation of up to 115 percent (5% x 23 years = 115%) which result in an adjusted compensation of $1,182.50 per month.

Two City Council compensation surveys are attached for your reference. One was completed recently by another city staff that surveyed Orange County cities; the second was completed by Norco staff using publicly-available data. It should be noted that given the recent legislative changes that facilitated a re-look at city council compensation, some of these salaries may have been adjusted more recently and those changes would not be reflected in these surveys.

Considering these available options, staff recommends that the City Council adjust its compensation to the maximum amount of $1,182.50 per month.

Section 1 of the proposed ordinance states that the adjusted compensation becomes effective beginning with the first day of the month following the date when the term of office commences for a member of the City Council elected at the November 2024 general municipal election. Assuming the newly-elected Councilmember(s) begin their terms in December, the new compensation would become effective on January 1, 2025. (1) The rules are different for Charter Cities as Council compensation is considered a matter of local concern. (57 Ops. Cal. Atty. Gen. 11 (1974).)
(2) Amounts paid by a city for retirement, health and welfare, and federal social security benefits are not included for purposes of determining salary, provided that the same benefits are available and paid by the city for its employees. (Gov Code 36516(d).) Nor are amounts paid by a city to reimburse a council member for actual and necessary expenses. (Gov Code 36516(e).) FISCAL IMPACT:

The increase in council compensation, including employer paid taxes, would be an additional cost of $632.50 per council member per month or a total of $37,950 on an annual basis. These costs are not included in the proposed FY 2024-25 Operating Budget and would require a budget appropriation increase of $18,975 for January to June 2025 for salaries and $2,400 and corresponding benefits.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan No. 2 - Human Capital, Build a sustainable workforce to meet the needs of all stakeholders.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Riverside County Council Salary Survey
Orange County Council Salary Survey
Ordinance 1122 Council Compensation Ordinance

Riverside County Council Salary Survey
City Monthly Council Salary Notes
Banning $ 390.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Beaumont $ 1,600.00 Beaumont City Council just approved for 2025 Blythe $ 300.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Calimesa $ 325.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Canyon Lake $ 300.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Cathedral City $ 1,330.00 2023 Palm Desert survey
Coachella $ 711.05 2023 Palm Desert survey
Corona $ 816.66 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Desert Hot Springs $ 1,222.62 2023 Palm Desert survey
Eastvale $ 400.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Hemet $ 645.67 2024 Salary Schedule City of Hemet
Indian Wells $ 1,311.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Indio $ 1,339.47 2023 Palm Desert survey
Jurupa Valley $ 1,880.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 La Quinta $ 2,300.00 2023 Palm Desert survey
Lake Elsinore $ 744.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Menifee $ 1,355.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Moreno Valley $ 1,787.00 2023 City of Moreno Valley Salaries and Benefits Survey Murrieta $ 1,277.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Norco (current) $ 550.00 2001 City of Norco Resolution No. 2001-65 Palm Desert $ 2,202.67 2023 Palm Desert survey
Palm Springs $ 3,467.00 2023 Palm Desert survey
Perris $ 1,334.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Rancho Mirage $ 2,916.00 2023 Palm Desert survey
Riverside $ 3,533.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 San Jacinto $ 375.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Temecula $ 1,643.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 Wildomar $ 400.00 State Controller Report 2023: https://publicpay.ca.gov/Reports/Cities/Cities.aspx?year=2023&rpt=10 County Average: $ 1,301.97
Created July 11, 2024, City Clerk, City of Norco

City Compensation Survey
A survey of cities in 2023 revealed the following City Council compensation amounts:

CITY COUNCIL
MEMBER

MONTHLY

BASE PAY

EFFECTIVE
YEAR

CAFETERIA HEALTH DENTAL VISION MISC TOTAL
ALISO VIEJO $520 2022 $2,242.58 $2,762.58
ANAHEIM $1,500 2017 $2,747 $56 $300 $4,603
BREA $680.69 2005 $680.69
BUENA PARK $1,285 2018 $300 $1,585
COSTA MESA $904.40 $2,100 $3,004.40
CYPRESS $832 2010 $2,720 $43 $26 $3,62
DANA POINT $719 2020 $275 $994

FOUNTAIN
VALLEY
$500 1997 $500
FULLERTON $750 $1,300 $2,050
GARDEN
GROVE
$1,312.34 1988 $1,500 $200 $3,012.34

HUNGTINGTON
BEACH
$1,512 2021 $740 $45 $2,297
IRVINE $880 2010 $1,764 $40.52 $6.90 $715 $3,406.42
LA HABRA $500 $500
LA PALMA $300 $300
LAGUNA
BEACH
$908 2018 $450 $1,358
LAGUNA HILLS $623.66 2020 $623.66
LAGUNA
NIGUEL
$400 $1,983.00 $2,383
LAGUNA
WOODS
$300 1999 $300
LAKE FOREST $704 2008 $704

LOS ALAMITOS $400 2009 $400
MISSION VIEJO $1,000 2017 $1,780 $2,780

NEWPORT
BEACH
$1,227.35 2021 $1,227.35
ORANGE $600 2022 $600
PLACENTIA $150 1980 $150
RANCHO
SANTA

MARGARITA
$463.50 2005 $1,725 $2,188.50
SAN

CLEMENTE
$400 1998 $400

SAN JUAN

CAPRISTRANO
$300 $300
SANTA ANA $1,000 2020 $1,700 $500 $3,200
SEAL BEACH $600 2014 $600
STANTON $850 2009 $850
TUSTIN $600 2022 $600
VILLA PARK $0.00 $0
WESTMINSTER $850.50 2008 $850.50
YORBA LINDA $500 2017 $100 $600
.

ORDINANCE 1122

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NORCO AMENDING THE NORCO MUNICIPAL CODE
TITLE 2, CHAPTER 2.06 “CITY COUNCIL SALARIES”

INCREASING THE COMPENSATION OF CITY COUNCIL
MEMBERS – CODE AMENDMENT 2024-08
WHEREAS, California Government Code Section 36516(a)(2)(C) provides that in cities with a population of up to and including 35,000 in population, a city council may enact an ordinance providing that each member of the city council shall receive a salary up to and including nine hundred fifty dollars ($950.00) per month; and WHEREAS, the City of Norco has a population of approximately 25,042; and WHEREAS, since 2001, council compensation for City Council members of the City of Norco has been five hundred fifty dollars ($550.00) per month and no increase in council member compensation has occurred since that time; WHEREAS, the City Council of Norco finds that there is a need for increased compensation for City Council members due to no increase in council compensation since 2001, the rise of inflation, and recent changes to Government Code 36516 authorizing an increase in council member compensation to $950.00 a month to reflect recent economic trends;
WHEREAS, California Government Code Section 36516. 5 allows for an increase in compensation for the entirety of the Council “whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” The new term of office for newly elected council members (after the November 2024 election) is anticipated to begin in December of 2024.

NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF NORCO ORDAINS AS FOLLOWS:

Section 1. The Council hereby deletes and replaces in its entirety Section

2.06.030 of the Norco Municipal Code to read as follows:

2.06.030 Salaries.

Pursuant to the provisions of California Government Code Section 36516 and 36516.5, Council Members shall receive as compensation $1,182.50 per month and such benefits as allowed by law and provided by the city. Beginning with the first day of the month following the date when the term of office commences for a member of the City Council elected at

the November 2024 general municipal election, the compensation of City Council Members shall be $1,182.50 per month and such benefits as allowed by law and provided by the city.

Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on August 7, 2024.
______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 17, 2024 and thereafter at a regular meeting of said City Council duly held on August 7, 2024, it was duly passed and adopted by the following vote of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 7, 2024.
_________________________

Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Galilea Rios, CivicSpark Fellow
Department: Facilities and Maintenance
SUBJECT:

California Native Drought-Tolerant Landscaping Policy for City Facilities RECOMMENDATION:

Adopt the California Native Drought-Tolerant Landscaping Policy for City Facilities.

SUMMARY:

The California Native Drought-Tolerant Landscaping Policy focuses on sustainable landscaping practices at City Facilities, emphasizing California native plants chosen for their adaptability and low water needs once established. Recommended by the California Native Plant Society (CNPS) and the Riverside-Corona Resource Conservation District (RCRCD), these plants conserve water, support local biodiversity, and enhance resilience to climate variability. The policy includes guidelines on plant selection, efficient irrigation, and cost-saving measures, aiming to achieve long-term sustainability goals for the City.

BACKGROUND:

On April 17, 2024, the Norco City Council directed staff to create a California Native Drought-Tolerant Landscaping Policy for review at a future meeting. The proposed policy will prioritize the use of California Native Drought-Tolerant Landscaping and will support Norco’s water conservation goals along complying with state and local water regulations. The policy intends to apply these practices to City Facilities during landscaping upgrades or new projects, striving to use native drought-tolerant plants wherever feasible. The City will make every effort to utilize California Native DroughtTolerant plants as reasonably achievable.

City Facilities are expected to exemplify responsible stewardship of both natural and financial resources. This policy applies to all new landscaping installations and

rehabilitation projects at City Facilities, which will be managed by the Parks Superintendent. The proposed policy guidelines include:
 Native Plant Selection: The City encourages the selection of California Native Drought-Tolerant Plants, as recommended by the CNPS and the RCRCD.  Water Conservation: The City will prioritize the use of low-water-use plants and efficient irrigation methods to significantly reduce water wastage.  Turf Elimination: Turf will be eliminated as a groundcover option in medians, parkways, and for purely ornamental purposes.

The proposed policy also incorporates partnerships with other organizations to enhance our landscaping and conservation efforts. Collaborating with CNPS, the City will leverage CNPS’s expertise and their online resource, Calscape, which offers comprehensive details on California native plants, including their distribution, habitat needs, and landscaping uses. This tool helps identify suitable plants based on regional and growing conditions, facilitating their integration into City projects.

Additionally, the City will work closely with the RCRCD, a government agency focused on natural resource conservation in Riverside County. RCRCD provides essential services such as environmental education, technical support for soil health and irrigation, and guidance on drought-tolerant plants. Their Native Plant Materials Program supports re-vegetation efforts by propagating native plants and offering specialized knowledge.

Furthermore, the City will collaborate with the Western Municipal Water District to streamline efforts, optimize resource use, and advance sustainable landscaping initiatives across City Facilities and public spaces. This partnership will include exploring grant opportunities to fund projects aimed at replacing turf with California Native Drought-Tolerant landscapes.

California Native Drought-Tolerant Plants are essential for effective water conservation and environmental sustainability. Their natural adaptation to Southern California’s arid climate allows them to thrive with minimal supplemental irrigation once established, which reduces water waste and lessens the pressure on local water resources. These plants provide crucial habitats, food sources, and nesting sites for indigenous wildlife, fostering ecosystems that support native insects and animals and enhance natural pest management.

In addition to their ecological benefits, native plants are inherently resilient and adaptable to climate variability, making them well-suited for coping with changing environmental conditions. They also contribute to sustainability efforts by sequestering carbon dioxide in vegetation and soil, thereby helping to mitigate the impacts of climate change.

It is recommended that the City Council approve the proposed California Native Drought-Tolerant Landscaping Policy.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

Approval of this California Native Drought-Tolerant Landscaping Policy is consistent with Strategic Plan Goal No. 1 – Public Health, Safety & Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
2024 Native Plant Landscaping Policy _ City Facilities

Approved 8/7/24
California Native Drought-Tolerant
Landscaping Policy for City Facilities
I. PURPOSE
It is the intention of this policy to promote sustainable landscaping practices at City Facilities by encouraging the use of California Native Drought-Tolerant plants. This policy aims to conserve water, enhance local biodiversity, and strengthen community resilience to droughts and climate variability through the implementation of efficient and ecologically beneficial landscaping strategies. The policy sets forth guidelines for the application of California Native Drought-Tolerant Landscaping at the City’s parks, public facilities, and medians.

II. POLICY
The City will prioritize selecting and utilizing California Native Drought-Tolerant plants recommended by the California Native Plant Society (CNPS) along with plants identified by the Riverside-Corona Resource Conservation District (RCRCD). These plants are naturally well-suited to local climate and soil conditions, requiring minimal water once established. They also provide essential habitats and food sources for local wildlife, promoting regional biodiversity.

Efforts are focused on incorporating moderate and low-water-use plants to minimize water wastage. The adoption of native plants significantly contributes to Norco’s water conservation efforts, aligning with state and local mandates on water conservation.

As water becomes more limited and the demand for the resource increases, it is imperative that local agencies reduce public facility water consumption by addressing those areas in which wise planning and best management practices can have the most impact. Likewise, it is the intent of the Norco City Council to implement similar practices and compliance mechanisms for City Facilities as the landscaping is upgraded or if a specific project is initiated. The City will make every effort to utilize California Native Drought-Tolerant plants as reasonably achievable.

III. GUIDELINES
City Facilities shall serve as a model of responsible stewardship for natural and financial resources. Therefore, this Policy shall apply to all new landscaping installed or rehabilitated at City Facilities, overseen by the Parks Superintendent.

1. Native Plant Selection: Encourage the use of California Native DroughtTolerant Plants recommended by the CNPS and the RCRCD. These plants are

Approved 8/7/24
naturally suited to regional conditions, requiring minimal water once established and supporting local biodiversity. Refer to the plant list in “Exhibit A” for selections. Exceptions may be considered if suitable plant materials are not readily available or are not conducive to the desired application.

2. Water Conservation: Prioritize the incorporation of low-water-use plants and use efficient irrigation methods to minimize water wastage. A sustainably designed, drought-tolerant native garden can reduce water usage by up to 85% annually compared to traditional landscapes with turf and high-water-use plants. Once established, California native plants typically require minimal additional watering beyond normal rainfall.

3. Turf Elimination: Eliminate turf as a groundcover for medians and parkways.

Eliminate turf used for strictly ornamental purposes. Instead, substitute turf with drought tolerant groundcover, mulch, decomposed granite, rock products, pavers, or other suitable materials.

A. Partnerships

1. The City of Norco is committed to establishing strong partnerships with the CNPS chapters to leverage their extensive expertise in native plant species and landscaping best practices. CNPS’s online resource, Calscape (https://www.cnps.org), provides comprehensive information on California native plants, including distribution, habitat preferences, and landscaping applications. This valuable tool enables gardeners, landscapers, and conservationists to find suitable native plants based on criteria such as region and growing conditions, facilitating their integration into projects.

2. The City of Norco is committed to establishing strong partnerships with the RCRDC, a government agency dedicated to natural resource conservation in Riverside County. RCRCD offers a range of essential services. These include environmental education, technical assistance for soil health, irrigation audits, and expertise in selecting active and drought-tolerant plants. Through its Native Plant Materials Program, RCRCD propagates plants at its nursery for revegetation projects and provides specialized knowledge on native plant species (https://www.rcrcd.org).

3. The City of Norco will also collaborate with the Western Municipal Water District. This collaboration aims to streamline efforts, optimize resource allocation, and promote sustainable landscaping initiatives across City Facilities and public spaces. Efforts include exploring opportunities for securing grant funding to support projects focused on replacing turf with California Native Drought-Tolerant landscapes at various City Facilities.

B. Importance of California Native Drought-Tolerant Plants

Approved 8/7/24

1. Improve Water Conservation: Native plants are naturally adapted to thrive in Southern California's arid climate, requiring minimal supplemental irrigation once established. This characteristic not only prevents water waste but also alleviates strain on local water resources.

2. Support Biodiversity: Native plants play a crucial role in Norco’s local ecosystems by providing essential habitat, food sources, and nesting sites for indigenous wildlife species that rely on native flora for their survival. Integrating native plants fosters functional ecosystems that attract native insects and wildlife, thereby contributing significantly to biodiversity conservation. Native plants also possess natural defenses against pests and diseases, and they attract beneficial insects and animals that enhance natural pest management strategies.

3. Adapt to Climate Chage: Native plant species are inherently resilient and adaptable to climate variability, making them well-suited to cope with changing environmental conditions.

4. Advance Sustainability Initiatives: Native plantings act as a carbon sequestration tool, absorbing carbon dioxide from the air and storing it in vegetation and soil. This process helps mitigate carbon emissions, contributing to efforts aimed at combating climate change impacts.

Approved 8/7/24
“Exhibit A”
California Native Drought-Tolerant Plant Species List
The California Native Drought-Tolerant Plant Species List includes species that require moderate to very low water intake. The list of native plant species in this exhibit was developed from recommendations by the California Native Plant Society at https://calscape.org/. The City will make every effort to utilize the California Native Drought-Tolerant Plant Species List as reasonably achievable. Factors such as availability, quantity, and level of maintenance will determine the need for other plant species to be incorporated in new facilities, and rehabilitation projects. City staff will make every effort to use drought tolerant species, succulents, and cacti in lieu of the native plant species listed when it is determined that native species cannot be utilized.

As per NMC 6.08.010, no person, corporation, or public agency shall plant, cultivate or maintain the oleander plant at any place in the City for any purpose whatsoever.

California Native Shrub

Approved 8/7/24
California Native Shrub (Continued)

Approved 8/7/24
California Native Shrub (Continued)

Approved 8/7/24
California Native Annual

Approved 8/7/24
California Native Perennial

Approved 8/7/24
California Native Perennial (Continued)

Approved 8/7/24
California Native Grass

Approved 8/7/24
California Native Succulent
California Native Vine

Approved 8/7/24
California Native Fern

City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

6.B.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
2024 Review of Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
RECOMMENDATION:

Discuss and provide comments/direction on staff's recommendations to Chapter 18.68.

SUMMARY:

In 2017, Chapter 18.68 – “Accessory Building Use Permits” was adopted into the Norco Municipal Code (NMC), establishing an application and review process (Planning Commission approval is required), and establishing regulations for accessory buildings on properties zoned for residential uses. Review of the adopted regulations is required to update the regulations as needed, based on implementation issues.

BACKGROUND:

Chapter 18.68 makes provision for three categories of accessory buildings that consist of: a Large Vehicle Parking Building (maximum 1,000 square feet, but with an additional 400 square feet at a lower height), Animal keeping Shelters for Large Animals (depending on the number of animal units allowed on the property), and a category of All Other Accessory Buildings (such as workshops, small animal-keeping shelters, small garages etc., not to exceed 864 square feet).

Review of the Accessory Building Ordinance (Chapter 18.68) has been occurring every year since its adoption in 2017, and revisions have occurred in response to any matters/challenges that have surfaced along the way.

Attached for the City Council's review is the most recent version of Chapter 18.68 (Ref.

Exhibit "A" - Chapter 18.68), which has been updated/amended as follows since its adoption in 2017.

 In 2018, the mailing radius boundary was changed to 300 feet or to the distance needed to reach at least 25 property owners; the maximum size of a restroom was set at 50 square feet, and buildings 240 square feet or less and not taller than 14 feet were made exempt from having to go to the Planning Commission for review;
 In 2019, a revision established the maximum allowed height of an RV garage at 18 feet regardless of the height of the associated residential structure. In addition, the definition for the building height was revised to read, “Building height is the vertical distance measured from finished floor to the highest point of the roof measured from the front (primary entry whether for vehicle or person) of the building”;
 There were no changes in 2020, 2021 or 2022; and
 In 2023, the provisions for the 1,000 square-foot large vehicle building and its additional 400 square feet for other use was amended to allow for creative building designs as long as they meet the established criteria. The provision for metal storage containers 240 square feet or less was added to Chapter 18.68, making them exempt from the requirement of a Conditional Use Permit (CUP) and Planning Commission review, but subject to criteria in Chapter 18.68.

Furthermore, Chapter 18.68 was amended to note that accessory buildings 120 square feet or less including metal storage containers, that do not require a building permit, are not subject to requirements of Chapter 18.68, however, in no instance shall these buildings be placed closer than five to the side or rear property lines, be closer than five feet to any other structure, nor shall they exceed a building side wall height of eight feet and an overall height of 14 feet to the roof peak.

Review of the ordinance on a yearly basis typically consists of: a list of accessory buildings approved in a prior year, and a discussion on any issues resulting from the ordinance that may warrant amendments. This review/report is first presented to the Planning Commission and then to the City Council. The Planning Commission reviewed this report on July 10, 2024. Their comments on the issues is included in the the discussion below.

Approved Accessory Buildings in 2023:

The following accessory buildings were approved in 2023:

CASE NO.

TYPE:

Large Vehicle; Large Animal;
Other

OUTCOME
Site Plan 2022-13 Other (500 sf garage) Approved (10/11/23) Site Plan 2022-18 Other (774 sf gazebo/lanai) Approved (2/8/23) Site Plan 2023-03 Large Vehicle (1,400sf RV
garage and attached workshop) Approved (5/10/23)
Site Plan 2023-07
Large Vehicle (1,400sf RV
Garage and workshop/storage)
and
Large Animal (3,140sf Barn)
Approved (9/13/23)

CASE NO.

TYPE:

Large Vehicle; Large Animal;
Other

OUTCOME
Site Plan 2023-09 Other (875 sf garage) Approved (10/11/23) Site Plan 2023-11
Large Vehicle (1,400sf RV
Garage and attached
workshop/storage)
Approved (11/8/23)
Site Plan 2023-14 Large Vehicle (1,000 sf RV
garage) Approved (10/11/23)
Site Plan 2023-19 Large Animal (5,252 sf Barn) Approved (12/13/23) Concerns/Issues: For this year's review, staff is recommending a discussion on the following items. These potential changes are focused on how the City continues to protect and promote animal-keeping and agricultural uses, both today and into the future. To protect Norco's unique lifestyle and to ensure that animal keeping opportunities are prioritized in perpetuity, these proposals would seek to limit other types of accessory buildings that are not related to animal-keeping:
 Accessory Dwelling Unit (ADU) Consideration. Staff is recommending that a finding for approval be added to Section 18.68.14 (Conditions Necessary to granting an Accessory Building Use Permit) that the following condition exists:
granting of the proposed garage, barn, workshops etc., (non- habitable buildings regulated under Chapter 18.68), does not prohibit a future ADU that preserves the animal-keeping area and its access. ADUs must be permitted per state law; they do not require discretionary review, and must be allowed to encroach into the designated animal keeping area if that is the only area left to accommodate a minimum 850 square-foot ADU. In comparison, approval of buildings regulated under Chapter 18.68 is completely discretionary. In order to ensure that animal keeping opportunities are protected to the extent possible, since ADU's must be permitted, other accessory buildings should not be approved if they are taking up a significant amount of usable area outside of the animal keeping area and its access.

Planning Commission: Agreed with staff's recommendation.  Accessory Building Conversions to ADUs: Staff is recommending that the potential conversion of any proposed accessory building to an ADU in the future be considered. Once an accessory building is approved, it can be converted to an ADU, in addition to the potential construction of a new detached ADU. To establish some control and reduce the chances of a conversion, staff is recommending consideration of the following on the three categories of accessory buildings: that the provisions for a "Large Vehicle Parking Building" be only 1,000 square feet, eliminating the additional 400 square feet, and that it be open on all sides; that the provisions for "Animal Keeping Shelters for Large Animals" remain the same; and that the building size provision for the category of "All Other Accessory Structures" be reduced to a maximum of 400 square feet (instead of 864 square feet).

Planning Commission: The Commission agreed with staff except for the following: that instead of eliminating walls for the Large Vehicle Parking Building, a width/depth ratio could be considered, or a maximum dimension could be established on one side of the 1,000 square-foot structure, to be wide

enough to accommodate an RV/large vehicle and not a living unit (resulting in a long and skinny building); and that the size provisions for the category of All Other Accessory Structures remain the same.
 Centralized Location for the Requirement of an Open Animal Keeping Area:

Chapter 18.68 defaults the requirements for an open animal-keeping area in the underlying zone for the approval of an Accessory Building Use Permit. There are residential animal-keeping zones that do not specify requirements for an open animal-keeping area, so staff is recommending that they be centralized in Chapter 18.68.

Planning Commission: Agreed with staff's recommendation.  Number of Accessory Building Under Chapter 18.68: Chapter 18.68 makes provision for a Large Vehicle Parking Building, a Large Animal keeping Shelter, and all Other Accessory Buildings (such as workshops, small animal-keeping shelters, small garages etc.). As an informal policy (following the adoption of Chapter 18.68 in 2017) only one new building in each category has been considered on a property if more than one building is proposed. Staff is recommending that this be codified if, in fact, the City Council agrees this meets the intent of Chapter 18.68. Exceptions can be made for animal keeping structures.

Planning Commission: Agreed with staff's recommendation. A variance application is available if more than one of the same buildings is requested.  Wall Height for Large Vehicle Parking Buildings vs Wall Height for Large Animal Keeping Shelters: The maximum wall height to the roof eave for a large vehicle parking building is 16 feet and 10 feet for a large animal-keeping structure, but both with a peak height of 18 feet. Concern (from a property owner) has been expressed that the wall height is more restrictive for animal-keeping structures in an animal-keeping community, as opposed to for example, an RV garage.

Response: The height and size criteria/limitations for both structures was developed based on the intended use. An RV garage requires more height verses an animal keeping structure. Furthermore, the size of an RV garage was capped at 1,000 square feet as opposed to an animal-keeping structure that is based on the number of animal units allowed on a property (animal units on the subject property multiplied by 225 square feet, plus an additional 225 square feet for every five AUs allowed). You could potentially end up with an animal keeping barn, well over 1,000 square feet depending on the size of the property. The size criteria is more generous for an animal-keeping structure as apposed to height (ten feet is adequate for horses), for the well being of the large animal. No changes were recommended
Planning Commission: The Commission agreed with staff's recommendation. A variance application can be considered for height waivers on a case-by-case basis.

Note: See the attached resident letter dated 06/26/24 - expressing concern over of the allowed height for a barn structure (ref. Exhibit B - Letter dated 06/26/24).

In addition to the proposals above, the following change is proposed to allow for certain smaller structures to be approved at the staff level:
 Some Accessory Buildings Exempt from Planning Commission Review.

Currently, accessory buildings 240 square feet or less and no taller than 14 feet, do not require Planning Commission review. Staff is recommending a consideration to increase the exemption for buildings over 240 square feet up to 864 square feet (the maximum size limit per Section 18.68.20 (3) for all "Other" accessory buildings besides Large Vehicle Parking and Large Animal Keeping Buildings), with review by the Architectural Review Board. Furthermore, the required notification to surrounding neighbors within a 300-foot radius would still apply, and any concerns would trigger automatic review by the Planning Commission. Buildings 864 square feet or less have not caused any issues with staff or the Planning Commission (none have been denied). The criteria in the Ordinance would still need to be met, including the proposed changes noted above that would prioritize animal-keeping, but would be more time efficient for both staff and the citizens of the Community. Buildings denied at the staff level could be appealed to the Planning Commission by the applicant.

Planning Commission: The Commission recommended no changes and that the requirements remain as is.

This discussion item is part of the required annual review of the Accessory Building Ordinance/Chapter 18.68. Code amendments to address any of the issues noted above will follow in the future, if determined necessary.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Exhibit A, Chapter 18.68
Letter dtd 6-26-24

Chapter 18.68

ACCESSORY BUILDING USE PERMITS
Sections:

18.68.02 Intent and Purpose.

18.68.04 Initiation.

18.68.06 Application.

18.68.08 Investigation of Application for an Accessory Building Use Permit.

18.68.10 Concurrent Procedures.

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

18.68.16 Conditions of Approval.

18.68.18 Force of Conditions of Approval.

18.68.20 Size, Layout, and Design of Accessory Buildings.

18.68.22 Variance from Allowed Sizes.

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

18.68.26 Administration of Accessory Building Use Permits.

18.68.28 Reapplication for Accessory Building Use Permit.

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

18.68.32 Biannual Review of Accessory Building Regulations.

18.68.34 Training for Implementation of Accessory Building Regulations.

18.68.02 Intent and Purpose.

It is hereby found and declared that the City of Norco lies in a natural setting of rural, scenic and historical beauty; that this rural environment generates a strong characteristic for development of Norco as a new equestrian focal point in Southern California; that this unique rural environment and historically significant location contribute a material economic advantage to the citizens, business, and industry within the City and particularly to the property owners who reside therein; and that development in an orderly manner with compatible uses and appearances of structures within and The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 1 of 9 Exhibit A

development in an orderly manner with compatible uses and appearances of structures within and between zones and with the natural rural environment is necessary to maintain such historic and economic advantage, to stabilize, protect, and maintain property values, and to encourage permanence of desirable residential areas.

The purpose of the accessory building use permit is to review the location, architectural design, and/or conduct of certain land uses associated with accessory buildings in residential and agricultural zones. Accessory buildings and their associated uses can have a unique and distinct impact on the area and surrounding properties in which they are located, and thus require special review and conditions as needed. An accessory building use permit may be granted at the discretion of the Planning Commission, or City Council on appeal, whichever is the approving body, and is not the automatic right of any applicant.

Accessory buildings that are 240 square feet or smaller and not higher than 14 feet are exempt from having to be reviewed by the Planning Commission prior to the issuance of a building permit.

This provision shall include metal storage containers/cargo carriers 240 square feet or less, subject to the requirement of a building permit, subject to the requirements of Section 18.68.20(3)(c), (d), (f), and (i); and provided, that no more than one storage container is allowed per every 20,000 square feet.

Accessory buildings 120 square feet or less, including metal storage containers that do not require a building permit, are not subject to requirements of this chapter; however, in no instance shall these buildings be placed closer than five feet to the side or rear property lines, be closer than five feet to any other structure, nor shall they exceed a building side wall height of eight feet and an overall height of 14 feet to the roof peak. (Ord. 1102 Sec. 1, 2023; Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.04 Initiation.

An accessory building use permit may be initiated by the owner or owners (or their authorized agents) of property in the City, only where the proposed use is specifically authorized by the zoning that applies to the subject property. (Ord. 1019 Sec. 1, 2017)

18.68.06 Application.

Application for an accessory building use permit shall be made on a form provided by the Planning Department, and shall be accompanied by the following:
(1) The name and address of the applicant; evidence that the applicant is the owner of the parcel or premises involved, or that there is permission from the owner to make such application, including a legal description of the subject parcel or premises. (2) An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be nonrefundable.

The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 2 of 9

(3) Nine copies of a site plan, containing all the information required by Section 18.40.08 (Content of a Site Plan) using the terms and criteria of said chapter as modified in the accessory building use permit review application.
(4) Such other information as the Planning Commission or City Council may require, that could include, but not limited to, engineering studies for grading and drainage, architectural plans for consistency with the primary dwelling, etc.
(5) Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of their application. Submission of inaccurate plans, legal descriptions, application requirements, and other information may be cause for invalidation of all actions regarding this petition.
(6) Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto. (Ord. 1019 Sec. 1, 2017)

18.68.08 Investigation of Application for an Accessory Building Use Permit.

The Commission shall cause to be made such investigation of facts bearing on the application for an accessory building use permit as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.10 Concurrent Procedures.

In considering the accessory building use permit application, the Commission, and Council on appeal, shall review the proposed plans pursuant to Chapter 18.40 (Site Plan Review), using the terms and criteria of said chapter as modified in the accessory building use permit review application. (Ord. 1019 Sec. 1, 2017)

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

Not less than 10 days prior to the decision date by the Planning Commission (or the City Council on appeal), the City shall mail notices of the proposed accessory building use to all property owners as shown on the last equalized assessment rolls within a 300-foot radius, or to the radius needed to reach 25 properties, of the property boundaries of the proposed accessory building site. Appeals on the accessory building use permit application shall be noticed similarly. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

Before an accessory building use permit may be granted the approving body shall make a finding from the evidence as submitted, that the following conditions exist in reference to the property being considered:

The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 3 of 9

(1) The requested accessory building use permit is consistent with the General Plan and zoning requirements of the zone in which the property in question is located including the protection of adequate open animal areas on lots where the keeping of large animals is permitted. (2) The requested accessory building use permit will not have an adverse effect on the public convenience or general welfare of persons residing or working in the neighborhood thereof and will not adversely affect adjoining land uses including runoff and drainage impacts and architectural compatibility. (Ord. 1019 Sec. 1, 2017)

18.68.16 Conditions of Approval.

In the granting of an accessory building use permit conditions may be included to which the building or the lot or parcel where it is approved may be used, or the building constructed or altered, with requirements that can include but not be limited to use, architecture, height of building, open spaces, on-site parking and access areas, and conditions of operation that the approving body may consider necessary to prevent damage or prejudice to adjacent properties, and/or detriment to the welfare of the community. (Ord. 1019 Sec. 1, 2017)

18.68.18 Force of Conditions of Approval.

Any restrictions or conditions required by the approving body or other approving body on appeal in the granting of an accessory building use permit under the provisions of this chapter must be complied with. If such conditions or requirements are not met, the Planning Commission shall hold a hearing in the manner as set forth in Chapter 18.46 (Revocation and Expiration of Permits and Variances).
(1) Upon revocation, further use or maintenance of the building authorized by the accessory building use permit shall constitute a violation of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.20 Size, Layout, and Design of Accessory Buildings. (1) Large Vehicle Parking Building (Recreational and Agricultural Vehicles). (a) Maximum height: 16 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet. (b) Maximum allowed size: 1,000 square feet
Additional allowed square footage for other accessory building use:

Size: 400 square feet at the following maximum allowed heights:

Height: Maximum height at eave: eight feet; maximum building height: 14 feet. (c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.

The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 4 of 9

(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.
(e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review.
(i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any RV dump, interior floor drainage, and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include an RV dump, interior floor drainage, or restroom without prior connection (including fees) to the City sewer system.
(2) Animal-Keeping Shelters for Large Animals (Animals Counted as an “Animal Unit”). (a) Maximum height: 10 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet. (b) Maximum allowed size: equal to the allowed number of animal units (AUs) on the subject property multiplied by 225 square feet, plus an additional 225 square feet for every five AUs allowed for tack and feed storage.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 5 of 9

based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.
(e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for function.
(g) The only allowed interior wall separations are for stall enclosures, the separate tack and feed rooms, and for the washroom/restroom.
(h) No roll-up garage doors are allowed.
(i) Buildings shall include open ventilation areas and any windows that are below eight feet measured from the floor to the bottom of the window frame shall not include glass, acrylic, or other type of window pane/cover that can shatter.
(j) There shall be no electrical outlets within wall enclosures to keep animals. Any outlets shall only be located in a breezeway, tack or feed room, or in the washroom/restroom. Interior lights shall only be located on the ceiling or hanging not lower than 10 feet measured from the floor. (k) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.
(3) All Other Accessory Buildings (Includes Animal-Keeping Shelters for Small Animals). (a) Maximum height: eight feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the building peak is 14 feet. (b) Maximum allowed size: the lesser of 864 square feet or one-third the square footage of the primary dwelling footprint.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 6 of 9

Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.
(e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review.
(i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.

Exhibit 18.68.20-1, Graduated Setback Requirement
The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 7 of 9

(Ord. 1102 Sec. 1, 2023; Ord. 1052 Sec. 1, 2019; Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.22 Variance from Allowed Sizes.

Notwithstanding whether the proposed structure is equal to or less than the maximum square footage, all findings contained in Section 18.68.14 must be made. Any proposed structure larger than the maximum allowed may only be requested as a variance pursuant to Chapter 18.44 and the findings required by Section 18.44.16 must be made; that is, because of special circumstances, applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of Section 18.68.20 deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1019 Sec. 1, 2017)

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

Any appeals on the actions taken regarding an accessory building use permit application shall be held and governed by the provisions of Chapter 18.43 (Hearings and Appeals Therefrom). (Ord. 1019 Sec. 1, 2017)

18.68.26 Administration of Accessory Building Use Permits. (1) All acts under this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this chapter or map.
(2) The site plan submitted with an application, together with the conditions, if any required by the approving body, shall be kept on file in the office of the Planning Director and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original site plan, said plan shall be referred to the approving body for action under the procedures of this chapter. No modifications to the conditions of the original approval granting the accessory building use permit shall be permitted without approval of the original approving body. In case of such a review, a new application, filing fee and procedure may be required.
(3) A copy of the approved site plan, together with the conditions, if any required by the approving body, shall be recorded with the Riverside County Recorder’s Office prior to the issuance of a building permit.
(4) All accessory buildings approved with an accessory building use permit shall be subject to immediate inspection by City officials upon a 24-hour notice to the resident to ensure that no unauthorized use or code violation is occurring pursuant to the approved permit. The request by City officials for immediate inspection shall only be instigated from valid complaints where evidence suggests that a violation may be occurring.
(5) The storage of equipment and/or chemicals shall not be more than what is determined to be a safe level for legal residential use pursuant to applicable State and County regulations. (Ord. 1019 The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 8 of 9

Sec. 1, 2017)

18.68.28 Reapplication for Accessory Building Use Permit.

The City shall not accept for filing nor consider any application for an accessory building use permit on premises for which a similar accessory building use permit application was denied by the City, irrespective of who the applicants are on either application, until 12 consecutive calendar months have expired from the date of the final decision of the City denying the earlier application, unless such final decision was a denial with the grant of the privilege that a similar application may be filed sooner than 12 consecutive months from the date of said decision. (Ord. 1019 Sec. 1, 2017)

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 1019 Sec. 1, 2017)

18.68.32 Biannual Review of Accessory Building Regulations.

A biannual review of the adopted regulations shall be scheduled, including the number of accessory building use permits issued during that time period, to update the regulations as needed based on implementation issues. (Ord. 1019 Sec. 1, 2017)

18.68.34 Training for Implementation of Accessory Building Regulations.

Training of staff and decision-makers involved in the review of accessory building regulations shall occur once the adopted regulations become effective, and shall occur thereafter as revisions to the code may occur from the biannual reviews. (Ord. 1019 Sec. 1, 2017) The Norco Municipal Code is current through Ordinance 1114, passed May 1, 2024.

Norco Municipal Code Chapter 18.68 ACCESSORY BUILDING USE PERMITS Page 9 of 9

EXHBIT "B"

City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

6.C.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:

Request for a Twelve-Month Extension of Time for Approved Tentative Parcel Map 37939 (Frontier Homes II, LLC)
RECOMMENDATION:

Approve a request for a twelve-month extension to record a final map corresponding with Tentative Parcel Map 37939, with a new expiration date of September 7, 2025.

SUMMARY:

Tentative Parcel Map (TPM) 37939 was approved by the City Council on September 7, 2021, concurrent with the approval of a mixed use commercial and residential development at the Southwest corner of Third Street and Hamner Avenue. Tentative approval was given for 24 months, and then approved on June 7, 2023 for an extension of an additional year, and is due to expire if the map is not recorded with the County Recorder’s Office by September 7, 2024. The applicant is requesting a 12-month extension of time to record the Final Map. An extension can be considered by the City Council if submitted prior to the expiration date.

BACKGROUND:

On September 7, 2021, the City Council approved TPM 37939, a request to subdivide approximately 19.1 acres into eight parcels for a mixed-use development (a hotel, food garden and 320 multi-family residential units) on properties located within Area D of the Norco Auto Mall Specific Plan, with an underlying Commercial General (C-G) Zone and a Housing Development Overlay (HDO). The Tentative Parcel Map was approved for a two-year period with an original expiration date of September 7, 2023 (Exhibits A and B, Location Map and approved Resolution No. 2021-65, respectively). On June 7, 2023, the City Council approved a twelve-month extension of time, which extended the expiration date to September 7, 2024.

Section 17.16.170 of the Norco Municipal Code (“NMC”) and Government Code Section 66452.6(e) authorize a subdivider to apply for an extension of time on an approved tentative map. Government Code Section 66452.6(e) allows a tentative map to be extended for a total of no more than six years. The NMC authorizes the Council to extend a tentative map upon application for an extension “for one year” and new applications may be submitted to request additional one-year extensions. Therefore, the extension of time application before the City Council is for the second of six possible one-year extensions of time.

Requests for extensions are typically submitted close to the expiration date, due to delays in meeting the conditions of approval before the expiration date. With regard to the map in question, the conditions of approval are still being pursued for the subject map, and the TPM has one month before it expires. There is no limit in the NMC on how far in advance an extension can be requested, but must be filed no less than 30 days prior to the expiration date (filed on July 15, 2024).

The requested extension of time must correspond with the subdivision of land approved by the Council on September 7, 2021. Approval of the extension does not authorize any changes to the lot configuration/subdivision of land, nor does it authorize or address use of the property. Any changes to the map (i.e. lot configuration) and/or conditions, and/or changes to the approved land use entitlements requires a separate approval.

It is staff’s recommendation that the requested extension to record the final map corresponding with Tentative Parcel Map 37939 be approved, based on the following findings:
 The Tentative Map remains consistent with the general plan, all applicable titles of the NMC, policies and standards in place at the time the extension is considered; and
 Circumstances have not substantially changed since the Tentative Map (for the subdivision of land) was originally approved.

FISCAL IMPACT:

Not applicable for this 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, LLP, City Attorney ATTACHMENT(S):

Exhibit A
Exhibit B

0 2121
2131
2115
Location Map
1951
2399
2391
2381
('l')C"') (")C'l C')I.O o, t-- LO (') ..- m 00 00 00> NNN N N ..- 0 Not to Scale
PROJECT: Extension of time for Tentative PM No. 37939
APPLICANT: Frontier Homes II, LLC
LOCATION: APNs 126-050-002, -004 and 129-380-010
Exhibit ''A''

RESOLUTION NO. 2021-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37939.

WHEREAS, FRONTIER HOMES 11, LLC (Applicant), submitted an application to the City of Norco, California, for a tentative parcel map under the provisions of Title 17 of the Norco Municipal Code, on property generally described as irregular in shape and consisting of three parcels totaling approximately 19.1 acres acres/832,432 square feet (APNs 126-050-002, 126-050-004 and 129-380-010), located at the southwest corner of Hamner Avenue and Third Street.

WHEREAS, notice of a public hearing on said petition has been given in the manner and for times required by law; and
WHEREAS, at the time set, at 7 p.m. on May 12, 2021 within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said petition was heard by the Planning Commission for the City of Norco; and
WHEREAS, at said time and place, said Planning Commission heard and considered both oral and written evidence; and
WHEREAS, said Planning Commission denied Tentative Parcel Map 37939; and WHEREAS, the action of the Planning Commission was appealed to the City Council; and
WHEREAS, said appeal of the subdivision application has been duly submitted to said City's City Council for decision at a public hearing for which proper notice was given; and
WHEREAS, notice of a public hearing on said petition has been given in the manner and for times required by law; and
WHEREAS, at the time set, at 7 p.m. on August 18, 2021 within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said petition was heard by the City Council for the City of Norco; and
WHEREAS, at said time and place, said City Council heard and considered both oral and written evidence; and
WHEREAS, after the close of the public hearing and due to the lateness of the time, the City Council continued the matter to September 7, 2021, and

CC Resolution No. 2021-65, Tentative Parcel Map 37939
Page2
September 7, 2021
WHEREAS, the proposed map depicted on Tentative Parcel Map 37939, and on file with the Planning Division, is consistent with the City's General Plan, and corresponding zoning designation, and meets all regulations regarding subdivisions; and WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the project as mitigated is consistent with the conclusions in the Environmental Impact Report (EIR) prepared for the Norco Valley Square, which this City Council has found was prepared pursuant to the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Norco Environmental Guidelines. The City Council, by separate Resolution, has certified the Project's EIR.

NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS:

A The map is consistent with the Norco General Plan and Area "D" of the Norco Auto Mall Specific Plan, the underlying zoning designation of Commercial-General (C-G) Zone, and the Housing Development Overlay (HOO) Zone. The proposed lots are designed and conditioned to meet all zoning and requirements related to lot area and dimension standards.

B. None of the conditions for mandatory denial as set forth in Subsections (a) through (g) of Section 66474, Article 1, Chapter 4, Division 2, Title 7, of the California Government Code exist with respect to said subdivision.

C. The proposed subdivision together with provisions for its design and improvement is consistent with applicable general plans of the City pursuant to Section 66473.5, Article 1, Chapter 4, Division 2, Title 7, of the California Government Code.

11. DETERMINATION:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, in session assembled on September 7, 2021 does hereby approve Tentative Tract Map 37939 for a period of 24 months, subject to the following conditions:

1. Approval is based on Exhibit "G" Tentative Parcel Map dated February 4, 2021 and incorporated herein by reference and on file with the Planning Division.

Development shall occur as shown unless otherwise noted in these conditions.

2. The recorded owner of the property shall submit to the Planning Department, for record purposes, written evidence of agreement with all conditions of this approval before said permit shall become effective.

CC Resolution No. 2021-65, Tentative Parcel Map 37939

September 7, 2021

3. The project shall be in compliance with all City of Norco Municipal Codes, Ordinances and Resolutions. Non-compliance with any provisions of the Norco Municipal Code (NMC) not specifically waived in compliance with City procedures shall constitute cause for revocation and/or termination of the approvals granted under authority of permit.

4. The applicant shall pay all applicable fees associated with this proposal and the subdivision of land. Furthermore, the applicant shall pay all development fees in accordance with the NMC prior to approval of the final map.

5. All provisions of Chapters 17 and 18 of the NMC shall be met as it relates to the division of land.

6. The submittal, approval, and recordation of a subdivision map in accordance with the provisions of the State Subdivision Map Act and the City Subdivision Ordinance prior to the issuance of any permits is required.

7. Approval of the tentative map shall expire if the subject map has not been recorded within a two-year period from the date of City Council approval.

8. Extension of the tentative map approval shall only be considered if the applicant filing said map submits a written request for extension to the City Planning Department stating the response for the request, at least 30 days before the map approval is due to expire, pursuant to and in compliance with Section 17 .16.170 of the City Subdivision Ordinance.

9. All lots in the map must meet the minimum lot depth, width, and frontage of the C-G Zone, exclusive of right-of-way dedication, open space easements and equestrian trails.

10. A mutual agreement, in the form of a covenant running with the land and prepared in a form and manner satisfactory to the City Attorney and the Planning Director, shall be recorded between all lots in this tentative parcel map and existing adjacent lots, to ensure reciprocal vehicular and pedestrian access and circulation, vehicular parking, drainage, and utilities in perpetuity, regardless of any existing or future land divisions

11. The applicant must pay off any and all special assessments on the property to be subdivided prior to recordation of the final map. Instead of the payment of said special assessment, the applicant may pay to have the special assessment "split" for each proposed numbered lot through an approved Mello-Roos District or other cost-sharing mechanism.

12. The applicant must obtain written authorization granting permission for any work to be completed on property in which he is not the sole owner. A copy of this

CC Resolution No. 2021-65, Tentative Parcel Map 37939

September 7, 2021
written authorization must be submitted to the City Engineer's office prior to start of work.

13. All lots within this subdivision shall be served by underground utilities. All utility locations shall be incorporated into the public improvements plans and shall be prepared on standard size sheets by a registered civil engineer for approval by the City Engineer. A plan check deposit based on the latest City Fee Schedule shall be posted prior to checking and standard fees paid prior to plan approval.

14. The applicant shall complete/construct public improvements as conditioned with Site Plan 2020-06.

15. The tentative map shall be approved prior to the issuance of a grading permit and a final map shall be recorded prior to the issuance of a building permit and within 24 months from the date of tentative map approval.

16. A final map shall be prepared on 18" x 24" sheets and approved by the City Engineer prior to recordation. A plan check deposit shall be paid prior to plan check.

17. The applicant shall meet all standards and conditions of the Planning, Fire, Engineering, Building and Safety Departments, and all other applicable departments and agencies.

18. This subdivision of property shall satisfy all conditions of the Subdivision Map Act relating to the "Quimby Act" prior to the recordation of the final map. The applicant shall contact the City of Norco Parks and Recreation Department for payment of required fees. Proof of compliance/payment of required fees shall be required and provided for final recordation of the subject map. #

CC Resolution No. 2021-65, Tentative Parcel Map 37939

September 7, 2021
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on September 7, 2021.
. , C , ity Clerk
Norco, California
Kevin Bash, Mayor
City of Norco, California
I, Dana Roa, CMG, 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 September 7, 2021 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

BASH, NEWTON, ALEMAN, GRUNDMEYER, HOFFMAN
NONE
NONE
NONE
ITNESS WHEREOF, I have hereunto set my hand and affixed the official of Norco, California on September 7, 2021 .

Dana Roa, CMC, City Clerk
City of Norco, California

1 THIRD STREET

HAMNER AVENUE
2 3
4 5
6 7
8 THIRD STREET
HAMNER AVE.

LEGEND & ABBREVIATIONS

TENTATIVE PARCEL MAP SUMMARY

LOCATION MAP
1 SHEET INDEX
TENTATIVE PARCEL MAP NO. 37939

IN THE CITY OF NORCO

FOR FINANCIAL PURPOSES
2850 INLAND EMPIRE BLVD., SUITE B ONTARIO, CA 91764
(909)-581-0676

FUSCOE ENGINEERING
NORCO VALLEY SQUARE NORCO, CA DATE: 1-26-21 JOB NO.: 1655-003 2151 E. CONVENTION CENTER WAY, SUITE 114, ONTARIO, CA 91764

N G I E NEERIN G

PROJECT

LOCATION

PROPOSED LOTS

LOT NUMBER
1 2
3 4
5678

GROSS AREA NET AREA
113,228 S.F. / 2.60 AC
207,681 S.F. / 4.77 AC
77,132 S.F. / 1.77 AC78,542 S.F. / 1.80 AC
73,325 S.F. / 1.68 AC
77,002 S.F. / 1.77 AC
82,899 S.F. / 1.90 AC
122,394 S.F. / 2.81 AC
TOTAL 832,203 S.F. / 19.10 AC

LEGAL DESCRIPTION

OWNER/DEVELOPER ASSESSORS PARCEL NUMBERS

ARCHITECT

ENGINEER

GROSS AREA
ZONING

BENCHMARK
113,228 S.F. / 2.60 AC
206,541S.F. / 4.74 AC
77,132 S.F. / 1.77 AC78,542 S.F. / 1.80 AC
73,325 S.F. / 1.68 AC
77,002 S.F. / 1.77 AC
82,899 S.F. / 1.90 AC
122,394 S.F. / 2.81 AC
831,063 S.F. / 19.08 AC

UTILITIES

BASIS OF BEARINGS
C-1 TITLE SHEET

LANDSCAPE ARCHITECT

RIGHT OF WAY DEDICATION DETAIL
1"=30'
([KLELW*UHFHLYHG)HE

LC

HAMNER AVENUE
CL

THIRD STREET
LC

HAMNER AVENUE
HOTEL

NORTH NORCO CHANNEL
M
A
C
D
F
H
JK
N
O
HOTEL

LEASING CLUB/FITNESS
P
L
JV
Q
3 Q
3 Q
3 B
Q
3 Q
3 S
U
4 5
6 7
8 2
1 3
207,681 S.F.
113,228 S.F.
77,132 S.F.
78,542 S.F. 73,325 S.F.
77,002 S.F.
82,899 S.F.
122,394 S.F.

O
U
W
(R.C.F.C.D.)
TENTATIVE PARCEL MAP NO. 37939

IN THE CITY OF NORCO

FOR FINANCIAL PURPOSES
2850 INLAND EMPIRE BLVD., SUITE B ONTARIO, CA 91764
(909)-581-0676

FUSCOE ENGINEERING
NORCO VALLEY SQUARE NORCO, CA DATE: 06-16-20 JOB NO.: 1655-003 2151 E. CONVENTION CENTER WAY, SUITE 114, ONTARIO, CA 91764

N G I E NEERIN G
FLOOD ZONE CLASSIFICATION:

TENTATIVE PARCEL MAP/GRADING C-2

City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

6.D.

To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Dana Roa, City Clerk
Department: Administration
SUBJECT:

Consider the City of Norco's current participation in the League of California Cities and future participation in California Contract Cities Association RECOMMENDATION:

Discuss and provide staff with direction to continue/not continue participation with the League of California Cities and provide direction to staff as to participation with California Contract Cities Association.

SUMMARY:

The City of Norco has been a member of the League of California Cities for many years.

City Council has stated concerns with the League of California Cities legislation on local control. City Council directed staff at the June 5, 2024, City Council meeting to bring back a discussion item concerning the City's membership in the League of California Cities and consideration to participate in the California Contract Cities Association.

BACKGROUND:

League of California Cities
The City of Norco became a member League of California Cities (CalCities), joining 476 cities as current members out of the 482 incorporated in California. CalCities is organized with 16 regional divisions, including one specifically for Riverside County. The Riverside County Division has 27 member cities and 1 non-member city (Jurupa Valley).

Over four hundred city officials comprise seven policy committees, which in part drive the policy-making and legislative advocacy process for CalCities. Mayor Kevin Bash was appointed 2024 Vice-Chair of the Revenue and Taxation Committee by the President of CalCities; Councilmember Katherine Aleman was appointed to represent the Riverside Division on the Environmental Quality Committee. Committee appointments are made annually.

CalCities Mission/Vision Statement is, "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians", with the belief that California Cities standing together are a much stronger voice than cities standing alone.

Aside from policy committees and legislative advocacy, CalCities provides educational opportunities for city staff and elected officials. Often these events are tailored for specific department, such as the Finance Officer's Department, City Manager's Department, City Clerk's Department, Planning Department, and so forth. City officials regularly participate in these groups and their activities and training, as well as receive regular educational and briefings bulletins via email. Education events require payment, but registration fees are less than those available to non-member cities. As and example, Cal City Leaders Summit in Sacramento that was held in April this year had a registration cost of $650 per person for member cities and $1650 per person for nonmember cities.

The City of Norco pays annual dues of $11,672, cost is based on our population, and the dues will be due January 2025.

Recently, within the last year, the cities of Newport Beach, Huntington Beach, Orange, Yorba Linda, Torrance, Redondo Beach, and Santa Clarita have left CalCities all with complaints that the organization had failed to support local control measures around land use. Torrance and Santa Clarita have since rejoined CalCities.

Jesse Ramirez, Regional Public Affairs Manager, provided a summary of the value of League of California Cities Membership (Attachment A). Stating they remain actively engaged in legislation with positions that consistently align with the City of Norco. Also provided is the League of California Cities 2024 Advocacy Priorities (Attachment B) and League of California Cities Membership Benefits (Attachment C) for review and discussion.

California Contract Cities Association
The mission of California Contract Cities Association (CCCA)is to "advance the benefits of the contracting model and strengthen local control and governance." CCCA represents 80 cities and nearly 8 million residents. Their strength comes from the numbers of members and their ability to navigate the legislative and policy making processes. The CCCA has advocated for the rights of cities to practice the contracting model and to strengthen local control since 1957.

The CCCA has four main functions;
 Education, providing world-class educational opportunities for members.  Advocacy, legislating for the rights of cities to practice the contracting model and strengthening local control.
 Networking, gathers elected officials, city staffers,and key members from the corporate world to collaborate and build relationships that will benefit the constituencies from each of their member cities.
 Access, network of proven service providers that are eager to serve cities and constituencies.

The membership dues for California Contract Cities Association is $3,400 a year due annually on July 1. Attached is information provided by CCCA (Attachment D).

It is recommended that Council discuss the City of Norco's participation in CalCities and California Contract Cities Association and provide direction for staff as to next steps. It is staff's opinion that participation in CalCities provides an good value with regard to education and training, and also gives Norco a seat at the table with regard to shaping CalCities policies.

FISCAL IMPACT:

Discontinuation of the City's membership in CalCities would result in annual membership saving of over $11,000. These savings would be offset to by higher nonmember registration fees for registration for meetings and conferences that are important for staff to keep up with regulatory and legislative changes, and professional development.

Membership with California Contract Cities Association would be a cost to the city of $3,400 annually.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective consistent communication.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Attachment A Cal Cities Summary- City of Norco
Attachment B 2024 Cal Cities Legislative Materials-Homelessness Survey Attachment C 5 - Cal Cities Membership Benefits
Attachment D - CCCA-Infographic

2024-2025

DVISION OFFICERS
President
Linda Molina
Council Member
City of Calimesa
Vice President
Jacque Casillas
Council Member
City of Corona
2 nd Vice President
Colleen Wallace
Council Member
City of Banning
Division Director
Dana Reed
Council Member
City of Indian Wells
Past President
Michael Vargas
Mayor
City of Perris
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org League of California Cities (Cal Cities) Membership
Prepared for: City of Norco
Contact: Jesse Ramirez,
Regional Public Affairs Manager,
[email protected]
(951)808-2448
Legislative Advocacy
Cal Cities remains actively engaged in legislation with positions that consistently align with the City of Norco. Cal Cities is perceived by lawmakers and regulators as the premier representative for cities and local control on policy matters. Cal Cities utilizes a Legislative Director, seven lobbyists covering different issue areas of municipal interest, and three policy analysts to achieve legislative victories for cities. Though not intended to be comprehensive, the list below highlights how Cal Cities has worked recently to support Norco and cities statewide:

Protecting Local Revenues
• In 2024, the state is facing a substantial budget deficit (ranging between $38 and $73 billion dollars). Cal Cities is the leading voice to counter any efforts by the state to skim or erode local revenues and will oppose efforts to reduce or eliminate existing funds to cities.
• Throughout its history, Cal Cities has served as the leading voice for cities in combatting unfunded mandates, including calling for an appropriation of $933.5M in the 2022-23 State Budget to reimburse cities for state-mandated program costs.
• Cal Cities was the lead representative for cities at the ballot box supporting Proposition 1A (2004) and Proposition 22 (2010), which protect local government funds from state raids to this day. Cal Cities does not use any public funds for advocacy activities on ballot measures.

Housing & Land Use
• Cal Cities is opposing AB 1886, a bill that would encourage the use of the “builder’s remedy” for housing projects by eliminating self-certification, preventing cities from disagreeing with HCD and explaining why their housing element is “in substantial compliance with the law.” The elimination of selfcertification means that even if a city disagrees with HCD that they do not have

a compliant housing element and are waiting for a court to make the final determination, the builder’s remedy can begin. This means a developer can blatantly disregard local zoning codes so long as they have a set number of affordable units in a proposed project even if a city is waiting for the courts to determine if a housing element is compliant with state law. It also means that even if a city is working in good faith with HCD to get a certified housing element past its statutory deadline for housing elements, the builder’s remedy can occur throughout that process. • Cal Cities is supporting AB 2485, which would require HCD to publish data sources, analyses, and methodology in consultation with cities before finalizing regional housing need determinations, and to assemble an advisory panel for subsequent revisions, ensuring transparency and expert consultation in the process. • Cal Cities has requested the Joint Legislative Audit Committee to approve an audit to evaluate the lengthy, inconsistent, and unpredictable housing element review process conducted by the California Department of Housing and Community Development (HCD). Cal Cities worked closely with state legislators to request an audit of the housing element process, which was unanimously approved by the Joint Legislative Audit Committee in May this year. Norco’s voice in sharing its experiences and concerns with the current process will be invaluable as the Auditor’s Office investigates the lengthy, inconsistent, and unpredictable housing element review process conducted by the California Department of Housing and Community Development (HCD) this fall and during the upcoming year. • Cal Cities submitted an amicus brief urging SCOTUS to reverse lower court decisions in Johnson v. Grants Pass and Martin v. Boise. Cal Cities argues that local laws regulating camping on public property does not violate the Eighth Amendment. • Cal Cities vigorously opposed SB 35 (2017) and SB 9 (2021) to protect local control over housing developments. Cal Cities later argued that SB 9 unconstitutionally interferes with home rule authority in a 2023 amicus brief. • In 2022, Cal Cities led the charge against numerous bills limiting cities’ land use authority, securing amendments to narrow their scope but remaining opposed throughout the year.

Environmental Quality
• Cal Cities is sponsoring AB 2330, which would streamline the process for vegetation removal and fuel management in Fire Hazard Severity Zones (FHSZ) near urban communities. Long timelines are delaying local efforts in areas most at risk of catastrophic wildfires. This sponsored legislation directly supports Norco and its residents.

Public Safety
• Cal Cities has been monitoring over 20 bills aimed at reducing retail theft. In addition to providing ongoing feedback to legislators and the Governor with cities’ perspectives on this issue, Cal Cities rallied its member cities to support these crucial reforms. • In June of 2024, the public safety public policy committee voted to pull support of these bills due the “inoperability clause” being added. Once support was pulled the legislature and the Governor’s office pulled their initiative from the ballot due to a lack of votes, and timing.
• This is a prime example of how crucial it is to have dedicated local leaders on policy committees.
• Recently, the Cal Cities board voted to support the Californians for Safer Communities Act. This measure is sponsored by the Ca District Attorneys Association, and known as, Prop 36. Cal Cities will be the leading campaign voice to local leaders on issues or education around Prop 36. (you can learn more about prop thirty-six HERE)
• Cal Cities sponsored AB 1708 in 2023 to reform Proposition 47 and continues to urge the Legislature and Governor to implement Prop 47 reforms through legislation in 2024.
• Cal Cities strongly supports legislation to increase penalties for fentanyl distributors, including AB 367 and AB 701 in 2023, the latter being signed by the Governor. Cal Cities rallied nearly 400 local leaders to sign a letter to Assembly leadership urging swift action to address the fentanyl crisis and continues to be an up-to-date resource for information on the status of bills related to this issue.

Revenue and Taxation
• Cal Cities is opposing SB 1164, which would negatively impact local government property tax revenue by exempting newly constructed accessory dwelling units (ADUs) from property tax assessment, if certain conditions are met, for fifteen years from the date of completion or until the property changes owners, whichever comes first.

Transportation, Communications, and Public Works
• Between 2021 and 2023, Cal Cities took the lead role among local government organizations to testify against CARB’s Advance Clean Fleet regulation related to transitioning public fleets to zero emission vehicles. In doing so, Cal Cities successfully secured nearly a dozen provisions, extensions and delays to provide local governments greater flexibility and options when complying. Cal Cities continues to sponsor and support bills that provide ACF relief and flexibility for local governments.

Homelessness

• Cal Cities is advocating for the state to invest $3B in permanent, ongoing annual funding directly to cities to fund affordable housing and reduce homelessness. Cities know their communities and where funding will be most effective, and a bipartisan coalition agreed. Despite a difficult budgetary climate, Cal Cities continues to advocate for local funding to address the homelessness crisis. • In addition, Cal Cities Riverside County Division is working to educate city staff and councilmembers on the recent court decision as well as collaborative solutions for our region.

Recovery Housing
Cal Cities is the only association sponsoring bills addressing accountability and regulatory issues related to sober living facilities this year. Cal Cities is sponsoring AB 2547 (Valencia), AB 2121 (Dixon), and SB 913 (Umberg), and cosponsoring AB 2081 (Davies). Cal Cities remains committed to pursuing this legislation and supporting further legislative proposals to empower local governments and increase accountability among residential recovery facility operators. Cal Cities is rallying its members to support this legislation.
• AB 2547 (Valencia) would codify Dana Point v. New Method Wellness, Inc., a case that determined that unlicensed sober living homes that operate a part of a licensed drug treatment facility located elsewhere may be considered an unlawful business use within a residential zone.
• AB 2081 (Davies) would require state-licensed and/or certified programs to disclose, on their own websites, if a legal, disciplinary, or other enforcement action has been brought by state regulators, and the program was found to be in violation. Cal Cities’ strong support of this legislation has already received coverage via Southern California News Group.
• AB 2121 (Dixon) would require the Department of Health Care Services to notify cities when a license is issued for an alcoholism or drug treatment facility within their jurisdiction. The measure would also establish a 300-foot distance requirement between other alcoholism or drug treatment facilities, and community care facilities licensed by the Department of Social Services (DSS).
• SB 913 (Umberg) would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities.

California Business Roundtable’s November 2024 Initiative The Cal Cities Board voted to oppose the California Business Roundtable-funded “Taxpayer Protection and Government Accountability Act” in 2022 after the initiative qualified for the November 2024 ballot. Since then, 220 individual cities of various demographic, geographic and political profiles have adopted resolutions opposing the measure, including fifteen cities in Riverside County.

Cal Cities opposes this measure because it endangers vital local services that residents depend on. The measure strips local control from cities by requiring many fees and charges to not exceed the “actual cost” of providing a product or service, further defined as the “minimum amount necessary.” This ambiguous language would force cities to choose cheaper goods or services or subsidize the activity via the general fund. It would also encourage litigation and red tape at the expense of taxpayers, as many fees in a city’s fee schedule could be challenged as not being charged at the “minimum amount necessary.” The language invites uncomfortable questions cities would need to reckon with—for example, what is the minimum emergency response time necessary? Cities would be held to an extremely high legal standard if sued, as the measure requires “clear and convincing evidence” that a challenged fee is the “minimum amount necessary.” The measure threatens Norco’s ability to maintain its revenue and therefore impacts future investments in infrastructure and services.

Cal Cities actively fought this measure by proposing ACA 13, submitting an amicus brief, and gathering support from cities across the state.

In June of 2024, the California Supreme Court Voted to remove this measure from the ballot, stating that the implications of this measure would jeopardize the current and future funding of cities.

Proposition 1
The Cal Cities Board voted after lengthy discussion to support Proposition 1 (2024).

Proposition one allocates $1.5B directly to local governments for mental health care and drug or alcohol treatment and establishes a $2B state grant program providing funding directly to local governments for veteran housing and housing for people experiencing homelessness.

Cal Cities will be the leading advocate for cities in our region to receive these funds. Veterans housing is important in our communities and receiving these funds will be a vital part of that success. Cal Cities is committed to secure funds for cities and will continue to advocate for the inland region through advocacy at the state level, and education with staff and local leaders and stakeholders. You can learn more about Cal Cities involvement HERE.

League of California Cities 2024 Advocacy Priorities

1. Safeguard local revenues and bolster local economic development.

Cities are the engine of the state economy. With a looming state budget deficit, it is critical to counter efforts by the state and corporations to erode or skim local revenue.

Cal Cities supports increasing local revenue streams for local governments and opposes any effort to reduce or eliminate existing funding to cities. Cal Cities will use every tool in the toolbox — legislative, legal, and grassroots mobilization — to fight a 2024 ballot measure that represents an existential threat to local control. The measure, sponsored by the California Business Roundtable, would put at risk billions of dollars for essential local services. Cal Cities also supports legislation that will fund a state-local partnership to enhance economic development in these uncertain fiscal times.

2. Strengthen climate change resiliency and disaster preparedness.

The threat of climate change is no less during tough economic times. The state needs to accelerate its efforts to prepare, reduce, and adapt to the ever-changing risks posed by climate change — especially in vulnerable and under-resourced communities.

These risks include wildfires, flooding, drought, and other extreme weather events. Cal Cities will pursue funding strategies, including potentially a bond, that provide cities with the necessary resources to improve community and infrastructure resiliency. Cal Cities will also seek to advance a partnership with state and federal agencies to strengthen essential infrastructure, including modernizing the state’s water supply and energy grid.

3. Improve public safety in California communities.

A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, and back-to-back natural disasters, as well as strained social services are creating challenges beyond the capacity of local governments. Cal Cities will partner with the state to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those residents struggling with substance abuse.

We will work with the Legislature, the Governor, and allies to craft legislation that will reform Proposition 47, while avoiding a return to the days of mass incarceration.

4. Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.

California cities are doing more than ever to get residents off the streets and into safe, stable, and affordable housing. However, the homelessness crisis in the world’s fifthlargest economy continues unabated — fueled in part by a lack of affordable housing.

Cal Cities is calling on the state to provide ongoing funding to bolster local efforts to support individuals experiencing, or at risk of, homelessness as well as strengthen state and local partnerships to improve access to wraparound services, including mental health and substance use treatment. Cal Cities also supports ongoing funding for cities to jumpstart the construction of affordable housing, while ensuring cities retain local decision-making and flexibility to achieve community and state housing goals.

Attachment B

Public Safety
www.calcities.org
A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths, and strained social services are creating significant challenges beyond the capacity of local governments in California. Cities need state assistance to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those struggling with substance use.

Priority public safety bills
AB 1779 (Irwin) Theft. SUPPORT
This measure would allow prosecutors to file charges related to retail theft across jurisdictions.

AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. SUPPORT This measure would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting.

AB 1960 (Soria) Sentencing enhancements. SUPPORT
This measure would create a new sentencing enhancement for property loss or damage that occurs during the commission of a felony.

SB 923 (Archuleta) Theft. SUPPORT
This measure would revise Proposition 47 to require a person convicted of petty theft or shoplifting to be punished by one year in county jail if the person has two or more prior convictions for theft-related offenses.

Why these bills matter to cities
• Reducing retail theft, shoplifting, and organized retail theft is a top priority for city officials and their communities. These criminal activities are adversely impacting small businesses, residents, and local economies.
• Rising theft is impacting many communities in California, and city officials need additional tools to help reduce crime and improve the safety of their neighborhoods. • Commercial burglary is at the highest rate since 2008. According to the Public Policy Institute of California, commercial burglary increased statewide since 2020, including in 14 of the15 largest counties.
• City officials are calling on the Legislature to take swift action and pass comprehensive reform to reduce the alarming rise in retail theft, without returning to the days of mass incarceration.

Improve public safety in California communities.
2024 Cal Cities Advocacy Priority

Housing and Homelessness
www.calcities.org
California cities are maximizing efforts toget residents into safe, stable, and affordable housing.

Cities are connecting unhoused individuals with wraparound services, delivering permanent supportive housing, and jumpstarting affordable housing construction. However, the homelessness crisis continues unabated — fueled in part by a lack of affordable housing and ongoing funding.

Solving this dual crisis will require a strong partnership between all levels of government.

Priority bills and budget ask
$3 billion annually to help cities increase housing supply and prevent homelessness. SUPPORT The state must bolster local government efforts to support our most vulnerable residents through ongoing, permanent funding in the state budget to prevent and reduce homelessness and boost the supply of affordable housing.

AB 1886 (Alvarez) Housing element: substantial compliance. OPPOSE This measure would eliminate the ability of cities to self-certify their housing element and encourage developers to pursue “builder’s remedy” projects, thus avoiding local housing plans and zoning requirements.

SB 1037 (Wiener) Planning and zoning: housing element: enforcement. OPPOSE This measure would allow the Attorney General to take legal action against a city and seek fines up to $50,000 a month for either failure to adopt a compliant housing element or if the city disregards state laws that require ministerial approval of certain housing projects.

Why these priorities matter to cities
• A major obstacle for cities to effectively plan, zone, and approve housing is the state’s desire to continuously change the law, especially when many recent laws disregard local decision-making and community involvement. New, unproven, and overreaching policies are not what is needed.
• Instead of pursuing new laws that punish cities — even those acting in good faith — lawmakers should direct the Departmrent of Housing and Community Development to better assist cities with housing element compliance.
• Lawmakers should partner with local officials to invest in cities and address our housing and homelessness crisis. Targeted, ongoing funding of $3 billion would support community-based solutions that connect our residents to the services they need and provide roofs over their heads.
• Cities support continued funding for the Homeless Housing, Assistance, and Prevention Grant (HHAP) program, but this funding source is not the silver bullet that solves the crisis.

New Cal Cities data show 60% of cities have been unsuccessful in accessing this critical funding. Cities with populations under 150,000 need access to state programs to support their ongoing efforts to address the homelessness crisis.

Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.
2024 Cal Cities Advocacy Priority

Responding to Homelessness
Real progress requires ongoing resources
California cities are working hard to connect residents to the services they need and into safe, stable, and affordable housing. They are doing their part, but the demand for housing and services is outpacing their efforts, straining capacity, and draining resources.

In fact, in the upcoming fiscal year, one in three cities anticipate financial difficulties, which could significantly impact homelessness response and services. As the state faces a budget deficit and homelessness rates rise, local resources will continue to be strained. Now more than ever, cities need ongoing, permanent funding to support community-based solutions that get our most vulnerable residents and keep them in their homes.

Cities agree lack of ongoing funding is the top barrier to preventing and reducing homelessness. ► Additional supportive services
► Affordable housing options
► Increased shelter space
► Rent subsidy programs
► Homeless outreach teams
► Behavioral health programs
Cities would increase capacity, resources, and services with ongoing funding to reduce homelessness, such as:

Cal Cities urges the state to invest $3 billion in ongoing, permanent funding to prevent and reduce homelessness and bolster local government efforts to support vulnerable members of our community. www.calcities.org
*Data and assumptions — The League of California Cities conducted a statewide survey in March 2024 to better understand how cities are responding to the homelessness crisis. In total, 205 cities responded to the survey and represent a diverse group of cities by geography, population, and setting. Collectively, these 205 cities represent 42% of all cities in California. For more information email [email protected].

Has your city
implemented programs
to address homelessness?
85%
YES
15%
NO
Does the number of individuals
entering homelessness exceed
your city’s ability to reach a net
reduction in homelessness?
68%
YES
32%
NO
Does your city have concerns
about providing existing
homelessness services long term?
93%
YES
7%
NO
87% have invested
General Fund revenues
to address homelessness.
81% say inconsistent
state funding impacts the
ability to address homelessness.

Responding to Homelessness
How California cities are making real progress
www.calcites.org
Local leaders are forming public-private partnerships, collaborating with community groups, and cobbling together funding to deliver emergency shelters, permanent supportive housing, and wraparound services. Yet even with new investments and accelerated efforts, homelessness continues to rise. New data from Cal Cities shows that in nearly 70% of cities, people are falling into homelessness faster than cities can house them. Over 90% of cities worry about their ability to provide homelessness services long-term.

Even with a lack of ongoing funding from the state, cities are committed to serving their unhoused residents. Below is a small sample of those efforts, which could be much more impactful when supplemented by permanent state funding.

Bakersfield
Bakersfield has invested millions of city, county, and state dollars to support people experiencing homelessness, provide housing, increase staffing, and expand wraparound services. This influx of funding seeded 500 new shelter beds since 2018 and helped the city permanently house more than 330 residents since 2020. The city is also part of a larger, regional response to prevent and reduce homelessness in the community.

Long Beach
Homelessness is a housing crisis. In Long Beach, city officials permitted so many new homes that the supply boost contributed to a 5% drop in average rent in the city. It also ramped up its homelessness services, investing millions of dollars in outreach, encampment resolution, permanent housing, shelter space, and supportive services. Despite these efforts, homelessness still increased in 2022. Even for a city as large as Long Beach, grant funding is still both limited and competitive.

San Luis Obispo
Last year, San Luis Obispo adopted its first homelessness strategic plan and hired its first homelessness response manager. It worked closely with the county to provide resources to unhoused people living in high-risk flood and fire zones. It also earmarked encampment resolution funding for temporary washrooms and storage areas, as well as outreach and services coordination, to direct unsheltered people to supportive housing.

Corona
In 2020, Corona formed a public-private partnership with county agencies, businesses, nonprofits, and faith-based organizations to deliver a comprehensive set of services for unhoused residents. A statewide nonprofit provides outreach and support services, case management, and a path to permanent housing. Unsheltered homelessness in Corona has decreased by 60% since then. This led to a joint program with the city of Norco, funded by state, federal, and local city dollars.

Eureka
Eureka significantly reduced the number of unhoused residents through Uplift Eureka. The crosssectional partnership streamlined existing services and focuses on four areas: housing assistance, resume and interview skill development, job training, and outreach. Since 2019, the program raised more than $3 million in grants — including a $1 million federal Emergency Solutions Grant — and reduced the number of people experiencing homelessness by roughly 25%.

www.calcities.org
Hayward
The number of homeless people in Hayward fell by 22% from 2019 to 2022, due to its first Housing Navigation Center and a motel conversion project. The center provides outreach services, short-term housing, case management, and housing placement services for unhoused residents. The center is funded through state dollars, the American Rescue Plan Act, and city dollars.

Modesto
A strong public-private partnership is giving Modesto’s most vulnerable youth the tools and services they need to avoid chronic homelessness. Nearly a third of clients at a young navigation center have entered transitional housing, permanent housing, work programs, or rehabilitation facilities. Forty-three percent have accessed an on-site clinician and or participated in clinical groups, further reducing unsheltered homelessness and the strain on police, hospitals, and shelters.

Norco
For small cities like Norco, a key barrier to reducing homelessness is learning how to deliver services over a larger area with much less money. It joined forces with its larger neighbor, Corona. The cities share the same strategies, supportive services provider, and a staff position that manages both programs. When Cal Cities spotlighted this partnership in 2022, most unhoused Norco residents were sheltered and 26% of program participants had moved into permanent housing.

Paramount
For cities with few resources, connecting people with existing systems of care is key to reducing homelessness. Paramount focuses on coordinating services with other agencies and community nonprofits. The city also passed several affordable housing incentives. These efforts have been remarkably successful; the number of unhoused residents declined by 20% from 2022 to 2023.

Redlands
In 2022, Redlands received $30 million in Homekey funding to convert a former motel into housing for chronically homeless people. The Governor and federal homelessness experts lauded the 100-unit project for its unprecedented speed of construction, which Redlands credits to strong public-private partnerships. The city worked closely with a company to remodel the motel and manage the property, and a local nonprofit provides supportive services.

San Diego
San Diego used a variety of funding sources to prevent and reduce homelessness. In the last two years, the city received millions in HHAP and Homekey funding. San Diego County also gave $5 million to three cities, including San Diego, to create more shelters and connect people to services. The results were striking. In six months, San Diego increased its shelter bed capacity and street outreach by 28%.

In 2022, it connected over 1,470 people experiencing homelessness to permanent or longer-term housing.

Victorville
Victorville recently opened the first facility of its kind to operate in the High Desert Region — a lowbarrier shelter with medical care, interim housing, and other supportive services. Like many other cities, Victorville saw a sharp increase in homelessness after the pandemic, jumping 33% in just one year. The center is an example of what is possible when cities have access to funding.

Boosting Affordable Housing
How California cities are making real progress
www.calcites.org
Cities are working hard to spur housing production so that all Californians have a place to call home.

They’re taking on these difficult and complex tasks while navigating the state’s annual barrage of housing bills that, at times, serve as barriers to increasing the state’s affordable housing supply. Below are just a few examples of cities leveraging partnerships, community input, and multiple funding sources to boost affordable housing.

Alameda
Alameda, a city historically resistant to new development, became the first Bay Area city in 2022 to adopt an ambitious, state-certified housing plan. The plan, created with substantial input from residents, businesses, and other stakeholders, calls for the development of 5,300 new homes and apartments. The state commended Alameda for its action to close the housing availability gap.

Baldwin Park
Baldwin Park is leveraging local, regional, state, and federal funding to create supportive housing and boost affordable housing. The city has launched two tiny home villages since 2021, including one for individuals and one for families. It used ARPA funding and partnered with Habitat for Humanity to buy homes, repair them, and sell them at below-market value. The city is also partnering with the county and local nonprofits on a 107-unit Homeykey project for unhoused residents.

Cathedral City
Cathedral City issued a record 2,495 building permits in 2022 alone. The city also partnered with nonprofits and government agencies to create housing options for vulnerable residents: Veterans Village offers 60 units for homeless or at-risk veterans, and Cathedral Palms offers 224 affordable apartment units for seniors with 68 set aside for formerly unhoused residents.

El Cerrito
El Cerrito is a rare example of a small city with many transportation options. The city is working with Bay Area Rapid Transit to develop two mixed-use developments. The El Cerrito BART station will feature 769 housing units, with nearly half slated as below market income. In 2022, developers finished phase one of a multi-use project — 156 market-rate units — at the Del Norte BART station and will break ground on 69 affordable units in 2024. The projects are part of a site-specific plan which calls for 2,500 residential units.

Fillmore
Affordable housing is often mired in social stigma. But an award-winning affordable housing project in Fillmore broke the mold in 2022. The 77-unit community provides affordable homes for more than 150 individuals, families, seniors, and formerly unhoused individuals. Developers also recently completed a subdivision of 110 condominiums (7 deed-restricted). An additional 200+ units are in the development pipeline, 50 of which are for low-income residents.

Huron
Small, rural cities like Huron struggle with high construction costs, few amenities, onerous grant requirements, and a lack of infrastructure. Huron’s economy depends on agriculture, meaning its population can rise significantly during harvest: One bad season can put severe downward

www.calcities.org
economic pressure on the city. Yet federal grants, a “nothing is off the table” philosophy, and crosssectional partnerships show progress is possible when cities receive consistent funding.

Gateway cities
Funding affordable housing is particularly challenging for smaller cities that lack the resources and capacity to identify funding opportunities and work with developers. To work around this, many cities have formed housing trusts to secure funding they might not be eligible for or have the resources to pursue. Last year, the Gateway Cities Council of Government formed an affordable housing trust with 17 cities, speeding up their ability to address the region’s acute shortage of affordable housing.

Nevada City
Rural communities must contend with extra challenges when developing housing, including less funding, workforce shortages — and in the case of Nevada City — wildfire risks, higher insurance costs, and a lack of buildable terrain. Until the opening of Cashin’s Field — 51 units for extremely-low, very-low, and low-income families — the last large multifamily housing built in the city was in 2001. The city financed the project by cobbling together public and private funds. With this project, Nevada City exceeded its state-mandated low-income housing requirement.

Santa Ana
Santa Ana took an equity-centered approach when it transformed one of its oldest strip malls into an affordable housing community for families earning between 30 and 60% of the area’s median income. The city focused on the needs and history of the neighborhood, ensuring that neither businesses nor residents were displaced. The community features an outdoor open space and a revitalized commercial center. The city helped fund the project with $6 million of its own resources.

Santa Monica
In 2022, Santa Monica launched a pilot program prioritizing affordable housing for families displaced by urban renewal policies of the 1950s and ‘60s. The city-funded program, initially open to 100 displaced, low-income families or their descendants, gives priority access to below-market rent apartments. The city is one of a few nationwide attempting to compensate the more than a million people impacted by racist urban renewal policies. The city is also funding several affordable housing projects.

Roseville
In the late 1980s, Roseville began expediting the approval process for housing and commercial projects. It grew from 25,000 residents in 1980 to an astounding 155,000 today, in part because of the city’s pool of market-rate and affordable housing. Developers have completed 3,958 new affordable rental units, including 1,000 for people with extremely- or very-low incomes. Another 2,400 units are underway, with 50% set aside for people in extremely- and very low-income brackets.

Ukiah
Ukiah received the state’s “prohousing” designation in 2023. It is a remarkable accomplishment for a city once perceived as resistant to development. In 2017, officials created Ukiah’s first housing strategy, division, and trust fund. The city also proactively reached out to developers who could build affordable housing and missing middle housing. Ukiah has already completed approximately 70-80% of its housing element programs. In the last housing cycle, it produced triple the number of required units, and its housing trust fund was recognized as a Best Practice Community by the HCD in 2018.

Recovery Housing
www.calcities.org
Cal Cities is leading the charge on three bills that would ensure drug and alcohol recovery facilities follow state regulations and provide high-quality treatment. The measures would address longstanding challenges facing many cities by creating more oversight and transparency to protect residents and hold bad actors accountable.

Priority bills
AB 2081 (Davies) Substance abuse: recovery and treatment programs.

CO-SPONSOR/SUPPORT
This measure would require licensed recovery home operators to tell people seeking care that they can check the Department of Health Care Services’ website to confirm a facility’s compliance with state licensing laws.

AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities.

SPONSOR/SUPPORT
This measure would expand reporting requirements for licensed recovery home operators to enhance the Department of Health Care Services’ oversight of sober living homes that are operating as an integral part of a licensed drug treatment facility located elsewhere.

SB 913 (Umberg) Substance use disorder treatment: facilities.

SPONSOR/SUPPORT
This measure would augment state licensing efforts by requiring the Department of Health Care Services to adopt a process that allows cities to request approval to conduct site visits and enforce compliance with existing state licensing laws.

Why these bills matter to cities
• Recovery housing can play a key role in supporting vulnerable residents and creating safer communities. However, the state must also address the need for more oversight, accountability, and transparency.
• Drug and alcohol recovery facilities are loosely regulated in California. Cities and lawmakers have voiced concerns about the overconcentration of recovery homes in certain areas of the state, as well as the misuse of residential homes by profit-driven treatment centers. Compliance with state licensing laws is essential to safeguarding every person’s well-being and care, both inside and outside recovery homes. • For too long, the Legislature and the Governor have failed to pass meaningful recovery housing legislation. Cal Cities has a long history of advocating for legislation that creates comprehensive reform. Yet we continue to see little to no action by lawmakers to move legislation that protects residents and holds bad actors accountable. • Cal Cities’ sponsored measures would address recovery housing concerns while upholding the purpose and integrity of neighborhood care programs. These measures help ensure treatment facilities meet standards for patient care, which is central to effective treatment outcomes and community well-being.

Climate Change Resiliency
and Disaster Preparedness
www.calcities.org
The impacts of climate change on our state are undeniable. California communities are experiencing a pendulum of climate extremes — from megadroughts to torrential flooding to extreme heat and catastrophic wildfires. City leaders are simultaneously preparing their communities for the long-term effects of climate change and rapidly responding when disaster strikes. The Legislature must accelerate efforts with cities to prepare, reduce, and adapt to the ever-changing climate risks — especially in vulnerable and under-resourced communities.

Legislative priorities for cities
AB 2330 (Holden) Endangered species: wildfire preparedness activities SPONSOR/SUPPORT This measure would develop a voluntary, streamlined process for local agencies to submit wildfire preparedness programs to the California Department of Fish and Wildlife (CDFW) and seek approval to avoid, minimize, and mitigate the take of an endangered, threatened, or candidate species, incidental to conducting vegetative management activities in fire hazard severity zones located near urban areas across the state.

SB 1461 (Allen) State of emergency and local emergency: landslide SUPPORT This measure would include landslides in state law for conditions that consistute a state of emerngcy by the state or local governments.

SB 972 (Min) Methane emissions: organic waste: landfills SPONSOR/SUPPORT This bill would require CalRecycle to build upon local technical assistance efforts to support local governments in removing organic waste from landfills. The measure would require CalRecycle to issue two reports to the Legislature in 2028 and 2031 on the progress of organic waste diversion and methane emission reduction and improve alignment with the state’s other climate goals.

AB 1567 (Garcia) and SB 867 (Allen) Climate Bonds SUPPORT IF AMENDED This measure would enact a comprehensive climate bond, which, if approved by the voters in November 2024, would authorize a $15.995 billion (Garcia) or $15.5 billion (Allen) bond to finance capital infrastructure projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and clean energy programs. Cal Cities would like to see additional funding for organic waste diversion, water conservation, and public fleets for cities.

Why these priorities matter to cities
• Cities are proactively responding to the climate crisis, including planning and preparing for the shift in our climate and proactively addressing impacts when disaster strikes. Aligning climate programs and providing more tools and pathways to prepare for and address our changing climate and disasters will support cities in climate resiliency efforts. • In the face of a looming economic recession, now is not the time to cut back or delay much-needed long-term climate resiliency funding. The state must take action on a climate bond this year to enourage long-term climate investments for the future.

Strengthen climate change resiliency and disaster preparedness. 2024 Cal Cities Advocacy Priority

Local Revenues
www.calcities.org
California cities provide essential services residents depend upon every day, but cities can only maintain the delivery of these services if they have the fiscal resources to do so. New Cal Cities data reports that one in three cities anticipate having a local budget deficit in the upcoming year. Local governments and state lawmakers must work together to protect the economic tools cities need to remain fiscally sustainable and able to deliver vital local services.

Legislative priorities for cities
SB 1164 (Newman) Property taxation: new construction exclusion: dwelling units. OPPOSE This measure would negatively impact local government property tax revenue by exempting newly constructed accessory dwelling units (ADU) from property tax assessment for 15 years if certain conditions are met.

SB 1494 (Glazer) Local agencies: sales and use tax: retailers. OPPOSE This measure would, as of January 1, 2024, prohibit a city from entering a sales tax rebate agreement with a retailer. The measure would also make all existing agreements void and unenforceable, as of January 1, 2030.

The so called “Taxpayer Protection and Government Accountability Act.” OPPOSE This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.

Why these priorities matter to cities
• Legislation that deprives local governments of essential revenues, such as property tax, harms our communities. California cities and lawmakers should work together to strengthen local revenue streams, not diminish them. • Cities are responsible for providing critical services to their communities.

Lawmakers must partner with local governments to ensure cities can access a suite of economic tools that strengthen fiscal sustainability and protect local budgets.
• The so-called “Taxpayer Protection and Governmental Accountability Act would undermine voter rights, transparency, and accountability. The measure attempts to retroactively cancel revenue measures already approved by voters, potentially resulting in cuts to fire and emergency response, law enforcement, parks, libraries, affordable housing, and services to support homeless residents.

Safeguard local revenues and bolster local economic development. 2024 Cal Cities Advocacy Priority

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Benefits
Engage in statewide advocacy campaigns to safeguard local control and secure resources for cities.  Engage in one of Cal Cities’ 16 Regional Divisions. Work closely with Regional Public Affairs Managers and other local elected officials to develop region-specific programs, carry out grassroots activities, and share best practices.
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Access Cal Cities’ robust advocacy and public affairs resources and engage in actions and events to collectively advocate for the issues that matter most to cities.  Access the legal advocacy program that protects the interests of cities in matters before state and federal appellate courts by filing “friend-of-the-court” briefs.  City attorneys are eligible to participate in the Legal Advocacy Committee and work closely with attorneys from across the state. 
Receive timely updates, action alerts, and in-depth analyses on priority legislation impacting cities from subject-matter experts. 
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Participate in policy briefings with state leaders. 
Join a Cal Cities diversity caucus and connect with city officials who share common interests and issues.  Receive recognition through one of many awards programs, including the Helen Putnam Award for Excellence, the Mayors and City Council Members Torch Program, Local Streets and Roads, and division and department awards.
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Share your knowledge of complex municipal issues or projects with other Cal Cities members by proposing sessions and presenting at conferences and events. 
Participate on planning committees for conferences and events: Help plan and support conferences specific to your department. 
Subscribe to Western City magazine, a monthly publication that analyzes broader statewide policy issues and highlights the innovative work of city officials from across the state.   Elevate your city’s visibility: Be highlighted in Western City magazine, #LocalWorks, #CityVoices, and on social media. 
Join listservs to exchange information with other Cal Cities members interested in a specific subject area.  Participate in issue groups such as the Rural City Information Exchange and Coastal Cities Group.  Participate in online communities: Post questions, provide resources to other cities, or poll colleagues on current issues in your field. 
*Available at an additional cost for nonmembers.

Members Nonmembers
Membership with Cal Cities comes with a wide range of benefits for elected city officials and city staff — from insider opportunities to help shape statewide policies of importance to your city, to unique networking and learning experiences that make our collective work more powerful and effective.

Attachment C

Mission
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

Vision
To be recognized and respected as the leading advocate for the common interests of California’s cities.

We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems. • In conducting the business of government with transparency, openness, respect, and civility. • The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust. • Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy. • The active participation of all city officials increases Cal Cities’ effectiveness. • Partnerships and collaborations are essential elements of focused advocacy and lobbying. • Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Cal Cities Mission, Vision, and Core Beliefs
calcities.org
Protecting cities’ interests in the Legislature, Governor’s Office, ballot box, and the courts is one of the primary benefits of Cal Cities membership. Member-driven and board-approved advocacy priorities drive Cal Cities’ work. Over the past year, those priorities included finding solutions to the homelessness and mental health crisis, addressing concerns about public safety, and protecting cities’ ability to fund basic services.

In 2023, Cal Cities tracked and engaged on 1,770 bills. Cal Cities had positions on 66 measures that made it to the Governor’s desk. He signed over 80% of the bills we asked him to sign and vetoed more than 40% of the ones we asked him to reject. On average, the Governor only vetoes 14% of the bills that come across his desk.

Cal Cities also partnered with legislators and others to sponsor 9 bills of importance to cities, five of which were signed by the Governor, a 55% signature rate.

Cal Cities played a pivotal role in several legal cases over the last year — including those related to meritless environmental lawsuits, hypodermic needle exchange programs, mitigation fees, encampments, and the ongoing SB 9 (Atkins, 2021) lawsuit. In 2023, Cal Cities filed 35 friend-of-thecourt briefs in both state and federal courts to help advance cities’ collective legal interests.

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City Council

STAFF REPORT
Date: August 7, 2024 Agenda Item:

7.A.

To: Honorable Mayor and City Council Members
From: Lisette Free, Finance Director
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:

Public Hearing: Ordinance No. 1123, First Reading: Amendment of Ordinance 1040 for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09
RECOMMENDATION:

Ordinance No. 1123: First Reading, Approval of Amendment of Ordinance 1040, for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09.

SUMMARY:

The Purchasing Ordinance requires amendments to the Purchasing Ordinance to meet regulatory requirements related to recycled purchasing.

BACKGROUND:

In September 2000, the City approved an ordinance amending Title 3 of the Norco Municipal Code, Chapter 3.24, “Purchasing System” setting forth policies and procedures regarding purchasing activities. In August 2018, a review of the policy was conducted to align it with other City policies and to incorporate necessary regulatory requirements. The policy was amended to conform with current laws, risk management and governmental accounting best practices.

Staff has identified areas of the Purchasing Ordinance that require amendments to meet regulatory requirements.

Municipal Code Ordinance 1040
The primary updates and additions include:

 The addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements.

3.24.066 RECYCLED PRODUCT PROCUREMENT
To comply with state requirements for recycled content paper procurement, as well as municipal responsibility to meet organic procurement targets, the purchase of all paper products must contain postconsumer recycled content and be recyclable. Products must meet guidelines per California SB 1383, and 16 CFR 260.12, this includes requiring vendors to certify postconsumer recycled content that meets or exceeds the following standards:
 Printing and writing paper: 30% postconsumer recycled content  Toilet paper: 45% postconsumer recycled content
 Paper towels: 40% postconsumer recycled content
 Facial tissue: 10% postconsumer recycled content
 Toilet seat covers: 20% postconsumer recycled content  General purpose paper wipers: 40% postconsumer recycled content  Food service ware: 40% postconsumer recycled content
 Additionally, departments shall use recycled organic products, such as compost and mulch, whenever feasible to promote the application of organic materials that have been recycled from post-consumer goods and materials, in place of manufactured commercial soils. Departments must retain records of recycled material purchases, including the volume purchased and verification of its recycled certification.
 Office of Management and Budget (OMB) announced 2024 Uniform Grants Guidance update on April 2024 with a general effective date of October 1, 2024.

For non-Federal entities, which the City of Norco applies to, must follow the requirements listed in Section 200.318-.327. A summary of those changes includes the following items that are applicable to local governments:
 Adds guidance regarding contractor's proper classification of employees under FLSA and permits use of project labor agreements and certain other labor (2 CFR Section 200.318)
 Removes prohibition on state-and-local geographic preferences and clarifies UGG does not prohibit scoring mechanisms that reward bidders committed to specific numbers of American jobs and certain compensation (2 CFR Section 200.319)
 Expands affirmative efforts to include "veteran-owned businesses" (2 CFR Section 200.321)
 Adds language encouraging sustainability (2 CFR Section 200.323)  Expands the cost and price analysis language to include workforce impacts that displace public employees and removes requirement to negotiate price separately in certain circumstances (2 CFR Section 200.324)  The City Ordinance references that shall comply with OMB Uniform Guidelines, no changes to the ordinance are necessary. Finance will communicate the requirement updates to Staff to ensure compliance.

Staff is recommending amendments to the Purchasing Ordinance to meet regulatory requirements related to recycled purchasing.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiative for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Ordinance 1123 - Purchasing System - Recycle

ORDINANCE NO 1123

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NORCO AMENDING CHAPTER 3.24 “PURCHASING
SYSTEM” OF THE NORCO MUNICIPAL CODE. CODE
AMENDMENT 2024-09
WHEREAS, purchasing and contracting policies provide a guideline to City of Norco employees for purchasing and contracting for supplies, goods, equipment, services and projects to support, enhance and supplement City operations; and WHEREAS, purchasing and contracting policies provide transparency and consistency; and
WHEREAS, Chapter 3.24, “Purchasing System” was last updated and modified August 2018; and
WHEREAS, the City Council now seeks to add Chapter 3.24.066 Recycled Product Procurement that reflects the current operations and needs of the Purchasing System; and

NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF NORCO ORDAINS AS FOLLOWS:

Section 1. The Council hereby adds Section 3.24.066 of the Norco Municipal Code to read as follows:

3.24.066 RECYCLED PRODUCT PROCUREMENT
To comply with state requirements for recycled content paper procurement, as well as municipal responsibility to meet organic procurement targets, the purchase of all paper products must contain postconsumer recycled content and be recyclable. Products must meet guidelines per California SB 1383, and 16 CFR 260.12, this includes requiring vendors to certify postconsumer recycled content that meets or exceeds the following standards:
• Printing and writing paper: 30% postconsumer recycled content • Toilet paper: 45% postconsumer recycled content
• Paper towels: 40% postconsumer recycled content
• Facial tissue: 10% postconsumer recycled content
• Toilet seat covers: 20% postconsumer recycled content • General purpose paper wipers: 40% postconsumer recycled content • Food service ware: 40% postconsumer recycled content
• Additionally, departments shall use recycled organic products, such as compost and mulch, whenever feasible to promote the application of organic materials that

have been recycled from post-consumer goods and materials, in place of manufactured commercial soils. Departments must retain records of recycled material purchases, including the volume purchased and verification of its recycled certification.

Section 2. The City Clerk shall certify the adoption of this Ordinance and cause it to be published as required by law.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on _______, 2024.
______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on ________, 2024 and thereafter at a regular meeting of said City Council duly held on _______, 2024, it was duly passed and adopted by the following vote of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on ________, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California