Norco City Council
August 21, 2024

CA-17

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability "Occurrence" Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________"occurrence"
Note: The City of Norco standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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9. Description of Projects:

PROFESSIONAL PUBLIC WORKS INSPECTION SERVICES
The general items of work to be done hereunder consist of:

The Inspector shall be able to operate independently multiple projects within the City and duties as assigned by the City Engineer and/or Project Manager. The Inspector will work under the direction of the Public Works Director or their designee. Provide inspection of public works improvement projects before, during and/or after construction to insure conformance with Federal, State and City statutes, regulations, ordinances, guidelines, applicable standards, specifications, plans, laws and accepted standard construction practices. This includes, but is not limited to inspections, diaries, records, reports and documentation, the presentation, both oral and in writing, of such inspections, observations, reports and documents to City as required. The keeping of proper inspection records and reports, photographs and videos, including but not limited to, all load tickets, weight tickets, certifications of compliance, submittals, shop drawings, materials reports, daily reports and other related documents received. On a daily basis deliver documents to the City when generated, prepared or received. Daily Reports shall be kept on the City’s computer system as a digital copy. Attend any meetings that the City deems necessary.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Projects, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Projects for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Projects; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

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3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence" Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability.

5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

CA-20
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

CA-21

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b)

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stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 ("any auto") and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability.

5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)

CA-23
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________

CA-24

WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ ("the Company")
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer's Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

CA-25
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
_______________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

CA-26
W-9 FORM

CA-27

CA-28

CA-29

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.H.

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

Consideration of support for Proposition 36, the Homeless, Drug Addiction, and Theft Reduction Act
RECOMMENDATION:

Join the list of Californians for Safer Communities Coalition supporters of Proposition

36. SUMMARY:

Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act provides balanced solutions to ensure our communities are safe. The measure has qualified for the 2024 November General Election. This measure provides targeted reforms to Proposition 47. It is recommended that the City Council support the Proposition 36.

BACKGROUND:

Passed in 2014, proponents state that Prop 47 achieved notable success in making California’s criminal justice system more equitable. However, it led to unintended consequences over the past decade; repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment. All of that can only be corrected by the voters at the ballot box with modest amendments to Prop 47.

Proposition 36 will make the amendment to Prop 47. Californians for Safer Communities (C4SC) coalition are in support of Proposition 36 (the Homelessness, Drug Addiction, and Theft Reduction Act) and are asking for support from California cities. According to its supporters, this measure provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver. Major financial sponsors of the measure include Target, Walmart, and Home Depot, all of whom are wrestling with the significant challenges of retail theft that have arisen since Prop 47.

Prop 36 would do the following:
- Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft- related convictions.
- Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties.
- Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more
The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. Prop 36 will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.
- Adds fentanyl to the list of hard drugs - such as heroin, cocaine, and methamphetamine - that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities.
- Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities
Prop 36 would provide mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.
- Enacts a new class of crime called a "treatment-mandated felony" where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration. - Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged.

The League of California Cities, City of Lake Elsinore, City of Temecula, Assemblymember Bill Essayli, California Contract Cities Association and Congressman Ken Calvert are just a few that are already listed as supporters of Californians for Safer Communities (C4SC) coalition on Prop 36.

It is recommended that the city of Norco join the Californians for Safer Communities (C4SC) coalition list of supporters for Proposition 36 (the Homelessness, Drug Addiction, and Theft Reduction Act).

FISCAL IMPACT:

None
RELATIONSHIP TO STRATEGIC PLAN:

Strategic Plan #1: Public Health, Safety and Wellness; Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Prop 36 Text and Analysis
Yes on Prop 36 List of Supporters

BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
45S CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 9S814
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
(916) 442-77S7
FAX (916) 442-77S9
www.bmhlaw.com
September 22, 2023
Re: Initiative 23-0017 -Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas
~ W. Hiltachk
23-0017 A1

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1

SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatmentmandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatmentmandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2

sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3

exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4

(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly- {1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
5

{A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
6

{JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
7

(H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
8

(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9

the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
10

(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11

(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12

owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
13

(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14

become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
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(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate MediCal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16

shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17

November 5, 2024 Ballot

PROPOSITION 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.

ANALYSIS OF MEASURE

BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.

Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.

Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.

For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.

PROPOSAL
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.

November 5, 2024 Ballot

Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. • Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.

Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.

FISCAL EFFECTS
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.

Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)

November 5, 2024 Ballot

• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload.

In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)
Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways.
• Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) • Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments).

In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.

Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur.

November 5, 2024 Ballot

YES/NO STATEMENT
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.

A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.

SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND

LOCAL GOVERNMENT FISCAL IMPACT
• Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload.

BALLOT LABEL
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.

Yes on Prop 36
Californians for Safer Communities
List of Supporters
Local Governments and Elected Officials
• California Contract Cities Association
• League of California Cities
• Rural County Representatives of California
• City of Arcadia
• City of Clovis
• City of Covina
• City of La Puente
• City of Lawndale
• City of Rosemead
• City of Lake Elsinore
• City of Temecula
• City of Whittier
• County of Fresno
• County of San Joaquin
• Amanda Cortez, Councilmember, City of Loomis
• Andrew Lara, Mayor, City of Pico Rivera
• Andrew Mendez, Councilmember, City of Azusa
• Andrew Sarega, Mayor, City of La Mirada
• April Verlato, Mayor, City of Arcadia
• Arturo Cruz, Vice Mayor, City of San Pablo
• Aurelio Mattucci, Councilmember, City of Torrance
• Ben Bartlett, Councilmember, City of Berkeley
• Bernadette Suarez, Mayor Pro Tem, City of Lawndale
• Bill Essayli, Assemblymember, District 63
• Bill Wells, Mayor, City of El Cajon
• Blair Stewart, Mayor Pro Tem, City of Brea
• Blanca Pacheco, Assemblymember, District 64
• Bobbie Singh-Allen, Mayor, City of Elk Grove

• Brent Tercero, Former Mayor, City of Pico Rivera
• Brian Dahle, Senator, District 01
• Brian Jones, Senator, District 40
• Brian Raymond, Mayor Pro Tem, City of Atwater
• Bridgett Lewis, Councilmember, City of Torrance
• Caren Ray Russom, Mayor, City of Arroyo Grande
• Carmen Montano, Mayor, City of Milpitas
• Cecilia Iglesias, Former Councilmember, City of Santa Ana • Danny Cartwright, Councilmember, City of Loomis
• Daron McDaniel, Supervisor, Merced County
• Dave Butler, Former Councilmember, City of Rocklin
• Dave Min, Senator, District 37
• David E. Argudo, Councilmember, City of La Puente
• David Sander, Mayor, City of Rancho Cordova
• David Valadao, Congressman, District 22
• Dawn Ortiz-Legg, Supervisor, San Luis Obispo County
• Debora Allen, Board Director, Bay Area Rapid Transit
• Dennis Townsend, Supervisor, Tulare County
• Devon Mathis, Assemblymember, District 33
• Diane Dixon, Assemblymember, District 72
• Don Perata, Former Senator, President Pro Tempore
• Doris Gentry, Vice Mayor, City of Napa
• Dr. Jasmeet Bains, Assemblymember, District 35
• Ed Waage, Mayor, City of Pismo Beach
• Elizabeth Ahlers, Councilmember, City of Crescent City • Elvira Moreno, Former Mayor, City of Maywood
• Eric Chan, Councilmember, City of San Gabriel
• Eric J. Smith, Vice Mayor, City of Oroville
• Erik Weigand, Councilmember, City of Newport Beach
• Esther C. Sanchez, Mayor, City of Oceanside
• Gary Boyer, Councilmember, City of Glendora
• Gary Bradford, Supervisor, Yuba County

• George Turnboo, Supervisor, El Dorado County
• Geri Byrne, Supervisor, Modoc County
• Gloria Romero, Former Senator, District 24
• Gloria Sahagun-Ma’ae, Former Councilmember, City of Anaheim • Gordon Stefenhagen, Former Mayor, City of Norwalk
• Gregory Gandrud, Former Councilmember, City of Carpinteria • Greg Wallis, Assemblymember, District 47
• Heath Flora, Assemblymember, District 09
• Holly Andreatta, Vice Mayor, City of Lincoln
• James Bozajian, Councilmember, City of Calabasas
• James Gallagher, Assemblymember, District 03
• James Ramos, Assemblmember, District 45
• Jason Scott, Former Mayor, City of Corona
• Javed I. Ellahie, Councilmember, City of Monte Sereno • Jay Palmer, Councilmember, Sylmar Neighborhood Council • Jennifer Perez, Councilmember, City of Norwalk
• Jerry Dyer, Mayor, City of Fresno
• Jessica Alexander, Councilmember, City of Temecula
• Jessica Martinez, Councilmember, City of Whittier
• Jimmy Paulding, Supervisor, San Luis Obispo County
• Joe Alidajao, Mayor, City of Delano
• Joe Patterson, Assemblymember, District 05
• Joe Vinatieri, Mayor, City of Whittier
• John Franklin, Mayor, City of Vista
• John Froomin, Councilmember, Foster City
• John Gyllenhammer, Councilmember, City of Orange
• John Harrington, Councilmember, City of San Gabriel
• John McCann, Mayor, City of Chula Vista
• John Minto, Mayor, City of Santee
• John Peschong, Supervisor, San Luis Obispo County
• Jon Dumitru, Councilmember, City of Orange
• Jon Kaji, Councilmember, City of Torrance

• Jose Diaz, Councilmember, City of Anaheim
• Josh Hoover, Assemblymember, District 07
• Juan Alanis, Assemblymember, District 22
• Kate Sanchez, Assemblymember, District 71
• Keith Blackburn, Mayor, City of Carlsbad
• Kelly Seyarto, Senator, District 32
• Ken Calvert, U.S. Representative
• Kevin Lincoln, Mayor, City of Stockton
• Kitty Moore, Councilmemer, City of Cupertino
• Krista Weigand, Trustee, Newport-Mesa Unified School District • Kristina M. Duggan, Councilmember, City of Long Beach • Laurie Davies, Assemblymember, District 74
• Lee Adams III, Supervisor, Sierra County
• Lesa Heebner, Mayor, City of Solano
• Lesa Sobek, Councilmember, City of Menifee
• Leticia Gonzalez, Supervisor, Madera County
• Lily Mei, Mayor, City of Fremont
• Lois Shade, Former Mayor, City of Glendora
• London Breed, Mayor, City of San Francisco
• Lydia Kou, Councilmember, City of Palo Alto
• Lynda P. Johnson, Councilmember, City of Cerritos
• Lynette Lee Eng, Former Mayor and Current Councilmember, City of Los Altos • Marty Simonoff, Councilmember, City of Brea
• Matthew Tuttle, Mayor Pro Tem, City of Reedley
• Margaret Clark, Mayor Pro Tem, City of Rosemead
• Marie Alvarado-Gil, Senator, District 04
• Mark Arapostathis, Mayor, City of La Mesa
• Martin Devine, Councilmember, City of Hanford
• Mary Rickert, Supervisor, Shasta County
• Matt Mahan, Mayor, City of San Jose
• Megan Dahle, Assemblymember, District 01
• Melissa Hurtado, Senator, District 16

• Michael Greer, Trustee, Del Norte Unified School District • Michelle Metschel, Councilmember, City of El Cajon
• Nancy Santana, Vice Mayor, City of Live Oak
• Octavio Martinez, Councilmember, City of Whittier
• Oscar Flores, Councilmember, City of Lynwood
• Pat Kearney, Councilmember, City of Lawndale
• Paul Grisanti, Councilmember, City of Malibu
• Paul Joiner, Councilmember, City of Lincoln
• Pete Constant, President, Roseville Joint Union High School District, Former City of San Jose Councilmember
• Pete Vander Poel IIl, Supervisor, Tulare County
• Phil Bacerra, Councilmember, City of Santa Ana
• Phillip Chen, Assemblymember, District 59
• Pierluigi Oliverio, Former Councilmember, City of San Jose • Phil Brock, Mayor, City of Santa Monica
• Ray Marquez, Councilmember, City of Chino Hills
• Rebecca Jones, Mayor, City of San Marcos
• Renee Golder, Vice Mayor, City of Santa Cruz
• Rene Spring, Councilmember, City of Morgan Hill
• Richard Bailey, Mayor, City of Coronado
• Rich Desmond, Supervisor, Sacramento County
• Rich Lozano, Vice Mayor, City of Galt
• Rick Robinson, Councilmember, City of Oceanside
• Roger Niello, Senator, District 06
• Ron Morrison, Mayor, National City
• Rosilicie Ochoa Bogh, Senator, District 23
• Rudy Mendoza, Mayor, City of Woodlake
• Scott Newton, Councilmember, City of Pismo Beach
• Scott Wilk, Senator, District 21
• Sean Mill, Councilmember, City of Riverside
• Shannon Grove, Senator, District 12
• Shanti Landon, Supervisor, Placer County

• Sharon Wright, Former Mayor, City of Santa Rosa
• Shawn Webber, Councilmember, City of Oroville
• Sherry Hu, Vice Mayor, City of Dublin
• Stephanie McKenzie, Former Councilmember, City of Marysville • Stephanie Nguyen, Assemblymember, District 10
• Stephanie Youngblood, Mayor, City of Loomis
• Steven Vargas, Councilmember, City of Brea
• Steve Vaus, Mayor, City of Poway
• Susan Rubio, Senator, District 22
• Tenessa Audette, Mayor, City of Redding
• Thomas Stallard, Councilmember, City of Woodland
• Tim McGallian, Former Mayor, City of Concord
• Tim Schaefer, Councilmember, City of Citrus Heights
• Todd Gloria, Mayor, City of San Diego
• Tom Lackey, Assemblymember, District 34
• Tom Umberg, Senator, District 34
• Tony Kranz, Mayor, City of Encinitas
• Tri Ta, Assemblymember, District 70
• Traci Park, Councilmember, City of Los Angeles
• Trish Herrera Spencer, Former Mayor & Current Councilmember, City of Alameda • Valerie Vandever, Mayor Pro Tem, City of San Jacinto
• Vince Fong, Congressman, District 20
• Walter Allen III, Mayor, City of Covina
• Wendy Bucknnum, Councilmember, City of Mission Viejo
• Wes Speake, Councilmember, City of Corona
• Will O’Neill, Mayor, City of Newport Beach
• Yang Shao, Vice Mayor, City of Fremont
• Yan Zhao, Mayor, City of Saratoga

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.I.

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

Recap of Actions Taken by the Planning Commission at its Meeting Held on August 14, 2024
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on August 14, 2024.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Planning Commission - Aug 14 2024 - Minutes DRAFT

DRAFT - MINUTES
Planning Commission
Wednesday, August 14, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860

CALL TO ORDER

OFFSITE TOUR
5:00 PM
ROLL CALL Fia Sullivan, Chair
Danny Azevedo, Vice Chair
Patricia Hedges, Member
Jeff Shyu, Member
Tara Young, Member

OFFSITE TOUR - WYLE LABS
A. Hidden Valley Tech Center Specific Plan - Wyle Labs Tour Property Owner, Greg Lansing, Project Manager, Andy Petijean, and KimleyHorn Planner, Elizabeth Cobb, presented the vision for the Hidden Valley Tech Center Specific Plan and answered questions from the Commission Members.

Chair Sullivan called for a break at 6:03 PM for Commission Members and Staff to return to City Hall to reconvene the public meeting.

RECONVENE PUBLIC SESSION

CITY COUNCIL CHAMBER
7:00 PM

PLEDGE OF ALLEGIANCE

HIDDEN VALLEY TECH CENTER SPECIFIC PLAN - WYLE LABS DISCUSSION A. Oral Report of Wyle Labs Tour
Community Development Director Robles presented a recap of the tour and presented the main items for discussion.

The following items were discussed:
• WESTERN THEMED HOSPITALITY DISTRICT
o Proposed hotel should have western design elements in order to blend in with the culture of Norco.

Planning Commission Minutes - August 14, 2024
• COMMERCIAL RECREATION AND USE CLUSTERING
o Introduce more "commercial recreation" land uses on the Specific Plan, including, but not limited to, an RV park, equestrian center, or another use that attracts tourists. As currently proposed, the Specific plan is too heavy on "business park" type uses that do not necessarily serve the residents of Norco.
o Commercial recreation uses may be better suited to be clustered near the hospitality district to provide a critical mass of activity and allow visitors to walk between points of interest.
• EQUESTRIAN AMENITIES
o Horse trail access should be available to all structures, and all horse stalls should be available throughout all areas of the specific plan.
• NO LARGE STRUCTURES
o No large structures should be in the Specific Plan area in order to respect the topography of the project site and keep traffic to a minimum.
o Large tilt-up buildings discouraged.
o Village-scale design
• TRAIL ACCESS PLAN
o Commission is pleased that a large portion of the Specific Plan is dedicated to green space and trails.
o All trails must remain accessible to the public.
o Specific plan must include a mechanism that as building pads get built, a portion of the green space/trail network gets developed.

Chair Sullivan opened Public Comment.

There were no public comments.

Chair Sullivan closed Public Comment.

Commission Members had no further questions.

Community Development Director Robles concluded the discussion.

Without formal motion, the report was received and filed.

Planning Commission Minutes - August 14, 2024
Community Development Director Robles read the Appeal Notice into the record.

APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.

1. PUBLIC COMMENTS
Bonnie Slager spoke regarding the upcoming Norco Fair and reminded everyone that fair buttons are sold at various locations throughout the City, including City Hall, for $15 each and will be $20 at the gate. She extended an invite to Norco Horseman's Candidate Night on September 19, 2024, at 6:30 PM at Nellie Weaver Hall.

2. CONSENT CALENDAR

2.A. Approval of Planning Commission Regular Meeting Minutes M/S SHYU/HEDGES Approve the Planning Commission Meeting Minutes of July 10, 2024. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the Consent Calendar.

4. DISCUSSION / ACTION ITEM(S)

4.A. Sign Review 2024-13, Revision 1 (AKC Permit Inc.): A request to allow an additional wall sign with a logo height of up to 7 feet tall along the east elevation of a hotel (Tru Hotel) located at 3481 Hamner Avenue, within the C-G (Commercial General) Zone.

Senior Planner Acuna presented the report on Sign Review 2024-13.

Commission Members had no questions or concerns.

Planning Commission Minutes - August 14, 2024
Chair Sullivan opened Public Comment.

There were no public comments.

Chair Sullivan closed Public Comment.

Motion was made.

M/S HEDGES/SHYU Approve Sign Permit 2024-13, Revision 1 subject to the attached Conditions of Approval in Resolution 2024-19. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

4.B. Summary report of the City Council's General Plan study session on June 17, 2024.

Community Development Director Robles presented the report.

Community Development Director Robles answered questions from Commission Members.

Chair Sullivan opened Public Comment.

There were no public comments.

Chair Sullivan closed Public Comment.

Without formal motion, the report was received and filed.

4.C. Site Plan 2024-01 (Opitz): A request to construct a new 1,997 square-foot commercial shell building located on a vacant lot along the east side of Center Avenue, south of Sixth Street, within the C-4 Zone. (APN: 133-182-005).

Senior Planner Acuna presented the report on Site Plan 2024-01 (Opitz) with the recommendation for denial.

Senior Planner Acuna and Community Development Director Robles answered questions and addressed concerns from Commission Members.

Planning Commission Minutes - August 14, 2024
Chair Sullivan opened Public Comment.

Applicant's Architect, Fred Cohen, spoke regarding the Commission's concerns and stated revisions can be made and addressed the concern for the placement of the proposed building.

Applicant's Civil Engineer, Kal Farah, spoke regarding the concerns for the width of the driveway, the placement of the building and his concerns for moving the proposed building to the front of the property.

Chair Sullivan closed Public Comment.

Commission Members discussed the proposed project and Senior Planner Acuna answered questions.

Following discussion, motion was made.

M/S HEDGES/SULLIVAN Approve the denial of Site Plan 2024-01, by adopting Resolution 2024-21. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

4.D. Accessory Building Use Permit 2024-07 (Layton): A request to allow a detached 1,350 square-foot barn at 2391 Red Cloud Court, within the A-1-20 (Agricultural, Low-Density) Zone. (APN 130-430-013).

Associate Planner Woods-Diaz presented the item and recommended the item be continued to the next regular Planning Commission Meeting on September 11, 2024.

Commission Members had no questions.

Motion was made.

M/S SHYU/YOUNG Approve the continuation of this item to Planning Commission meeting of September 11, 2024. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG

Planning Commission Minutes - August 14, 2024
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5. PUBLIC HEARING(S)

5.A. Conditional Use Permit 2023-11 (Verizon Wireless): A request to construct a 70- foot high, freestanding wireless telecommunications facility designed as a water tower on 5555 Hamner Avenue (Silverlakes) within the Open Space (OS) Zone.

Senior Planner Acuna presented the report on Conditional Use Permit 2023-11.

Senior Planner Acuna answered questions and addressed concerns.

Vice Chair Azevedo recommended that a graphic be put on the Cell Tower.

Senior Planner Acuna confirmed a graphic will be put on the Cell Tower.

Chair Sullivan invited the Applicant to answer questions.

Verizon Wireless Representative, Veronica Arvizu, spoke regarding the process of the project and the location of the proposed Cell Tower and answered questions from the Commission Members.

Chair Sullivan opened Public Comment.

There were no public comments.

Chair Sullivan closed Public Comment.

Public Works Director Blais clarified information regarding the decision to place the Cell Tower in the proposed location.

Commission Members discussed the project and thanked Staff and the Applicant for the information.

Following discussion, motion was made with the condition that the graphic on the Cell Tower will be brought back to Planning Commission for review and approval.

M/S AZEVEDO/HEDGES Approval of Conditional Use Permit (CUP) 2023-11 subject to the attached Conditions of Approval on Resolution 2024-22 with the

Planning Commission Minutes - August 14, 2024
added condition that the Cell Tower graphic be brought to Planning Commission for approval. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5.B. Tentative Parcel Map 38849 (Calland Engineering, Inc.): A request to subdivide an existing 1.72-acre lot into 3 lots located at the northeast corner of Mountain Avenue and Paddock Lane, within the A-1-20 Zone (APN: 126-060-001).

Senior Planner Acuna presented the report on Tentative Parcel Map 38849.

Senior Planner Acuna answered questions and addressed concerns.

Chair Sullivan opened Public Comment.

Bonnie Slager spoke regarding her concern that so few lots within the City are bigger than a half-acre and would hate to lose another one by splitting it into three parcels. She is concerned about the number of dwelling units that are possible on three parcels versus one large parcel.

Linda Chavez - Gaffney spoke regarding her proximity to the location and her concern for having additional construction personnel when they have already dealt with the widening of the street and the hardships that were involved with that construction.

Chair Sullivan closed Public Comment.

Deputy City Engineer Nelson, Community Development Director Robles and Deputy City Attorney Halfman answered questions and addressed concerns.

Following discussion, motion was made.

M/S SHYU/HEDGES Approve and adopt the attached Resolution 2024-10, recommending approval of Tentative Map 38849 to the City Council. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, AND SHYU
NOES: YOUNG
ABSENT: NONE
ABSTAIN: NONE

Planning Commission Minutes - August 14, 2024

6. COMMISSION / STAFF COMMUNICATIONS
Community Development Director Robles answered questions from Member Hedges regarding zoning and the General Plan next steps.

Community Development Director Robles answered questions from Chair Sullivan regarding the next steps on the PAKA/AKA discussion from previous meetings.

7. ADJOURNMENT
Chair Sullivan adjourned the meeting at 8:31 PM.

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

5.A.

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

Ordinance No. 1123, Second Reading: Amendment of Ordinance 1040 for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section

3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09
RECOMMENDATION:

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

SUMMARY:

The Purchasing Ordinance requires amendments 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 August 21, 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 August 7, 2024 and thereafter at a regular meeting of said City Council duly held on August 21, 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 21, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

6.A.

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

Discussion regarding existing requirements for Primary Animal Keeping Areas (PAKAs) and open Animal Keeping Areas (AKAs) on private properties zoned for animal-keeping, and changes/updates that may be warranted to further facilitate and protect animalkeeping RECOMMENDATION:

Discuss existing provisions for animal-keeping areas in their respective zones and recommend changes as appropriate.

SUMMARY:

The Planning Commission initiated a discussion about the provision for animal-keeping areas to determine if changes/updates (i.e. increase in size) may be warranted. This report provides a summary of the Planning Commission's recommendations for changes.

BACKGROUND:

The initial report presented to the Planning Commission on April 10, 2024, included the requirements for animal-keeping areas in each zone and the pros/cons for any changes.

The summary of PAKA/AKA requirements are shown on the following table.

PAKA AKA
What ? Legal deed restriction with meets and bounds. Shown on site plan, but not recorded on property.

Where required?
A-1 Zone
(newly created lots or
variances in some cases)
NRRSP
Dimension Min. 30’ Min. 30’ Min. 24’
Shape Rectangular Rectangular Rectangular

Size
• 2,728 SF (flat pad </=
20k)
• 3,304 SF (flat pad > 20k)
• 1,576 SF (flat pad 12-
14,999k)
• 2,152 SF (flat pad 15-
17,999k)
• 2,728 SF (flat pad 18-
19,999k)
• 3,304 SF (flat pad 20k +)
Variable depending on size
of property
Formula unclear
1,000 SF for first animal unit
then 576 for each additional
animal unit
Animal units x 576 SF
Structure Coverage Max. 40% of PAKA area Max. 40% of PAKA area No structures that require a building permit allowed.

Buffering None None Min. 5’ from structures and
property line.

Follow-up discussions by the Planning Commission were held on May 8, 2024, and June 12, 2024, where the scope of the changes to the PAKA/AKA were narrowed down and staff was directed to concentrate efforts on developing changes/conducting research on the following two main items:

DISCUSSION ITEM 1: AKA SIZE CHANGES
PC Direction: Staff was directed to develop a “sliding scale” to accommodate a minimum dimension of at least 30 feet for AKAs, to make it consistent with the current 30-foot width requirement for PAKAs, while minimizing non-conforming situations for smaller lots that are unable to accommodate a 30-foot-wide AKA.

Recommendation: Staff recommends, and the Planning Commission agreed, that the following table be considered, showing the minimum dimensions on any side that would increase as the lot increases in size. The dimensions would be in addition to the fivefoot buffer from property line and structure:

Lot Size Min. Open Animal
Keeping Area Dimension
Min. Open Animal Keeping
Area Size
Less than
20,000 sq. ft. 24’ on any side
20,000 but less than
25,000 sq. ft. 30’ on any side
25,000 but less than
30,000 sq. ft. 35’ on any side
30,000 but less than
35,000 sq. ft. 40’ on any side
35,000 but less than
40,000 sq. ft. 45’ on any side
40,000 but less than
45,000 sq. ft. 50’ on any side
45,000 but less than
50,000 sq. ft. 55’ on any side
50,000 but less than
55,000 sq. ft. 60’ on any side
Total number of AUs x 576
SF

Lot Size Min. Open Animal
Keeping Area Dimension
Min. Open Animal Keeping
Area Size
55,000 but less than
60,000 sq.ft. 65’ on any side
Over 60,000 sq. ft. To be determined to be determined
The Planning Commission agreed that the minimum dimension for lots 60,000 and over should also be addressed in the table above. Direction was also received that a sliding scale be considered for the required open area per animal unit (now at 576 square feet per animal unit), especially for lots over an acre. Should the City Council concur that the "sliding scale" approach for minimum dimensions be implemented, a formal Code amendment will be drafted to also include/address lots 60,000 square feet or more.

Staff can also include a feasibility analysis and recommendation on applying a sliding scale to the required area per animal unit, based on the Council's direction.

The changes above would only be applicable to the AKAs (for when accessory buildings are proposed). There were no recommendations for changes applicable to the existing or newly recorded PAKAs created via a property subdivision.

DISCUSSION ITEM 2: ALLOWED GROUNDCOVER AND STRUCTURES IN

PAKA/AKA
PC Direction: Staff was directed to develop a refined list of the types of structures and groundcover allowed in PAKAs/AKAs to provide residents with better clarity and ensure that PAKAs/AKAs are used for agricultural purposes.

Currently, animal-related structures that require a building permit are allowed to cover a maximum of 40% of a PAKA. Additionally, structures that do not require a building permit are allowed to be located within an AKA. There are no recommendations for changes for this provision, only clarity on the actual animal keeping shelters (as opposed to animal keeping structures in general) is needed. The Planning Commission also considered that the provision should be refined to state that non-permeable surfaces, such as concrete flatwork or pavers, are not permitted within both the PAKA and AKA.

Recommendation: Following the discussion on the above, the Planning Commission ultimately determined that a Code amendment be pursued to clarify that no non-animal keeping structures are allowed in the PAKA and AKA, and that a Code amendment on ground cover not be pursued but evaluated on a case-by-case basis with an applicable application.

Staff is recommending that the information presented above be considered, and that input and direction be provided to enable staff to begin drafting a future Code Amendment.

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

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

6.B.

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

Discussion regarding City Manager contract approval threshold RECOMMENDATION:

Discuss City Manager contract approval threshold and direct staff on next steps.

SUMMARY:

City Council requested a discussion regarding the current approval authority granted to the City Manager under the City's purchasing ordinance, and the possibility of reducing that authority from $50,000 to $25,000.

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.

Currently, the City Manager has authority to execute contracts up to $50,000. During the City Council Budget Adoption on June 19, 2024, the City Council voted to agendize a discussion regarding contracts within the City Manager’s authority, and the potential to reduce the approval authority to twenty-five thousand dollars ($25,000) or less. In Fiscal Year 2023-24 there were 36 purchase order between the amount of $25,000 and $50,000.

Purchasing authority limits vary from city to city. Staff surveyed the following neighboring cities and obtained their current authorization thresholds:

If the City Council determines to change the current authorization thresholds, the City's purchase Ordinance then can be amended at a future meeting to reflect that direction.

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

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

6.C.

To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:

Introduction and first reading of Ordinance No. 1124: An Ordinance of the City Council of the City of Norco, California, Amending Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 “Fireworks”, Section 9.20.040 “Administrative citation – Issuance” to increase the fine amounts for illegal use of fireworks. Code Amendment 2024-10 RECOMMENDATION:

Ordinance No. 1124: First Reading, Approval of Amendment of Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 "Fireworks", Section 9.20.040 "Administrative citation - Issuance" to increase the fine amounts for illegal use of fireworks.

SUMMARY:

Proposed for City Council consideration is an ordinance increasing the administrative fine amounts for the illegal use of fireworks to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane.”
BACKGROUND:

Many animals, including dogs and cats, experience sounds at far greater intensity than humans. Fireworks appear for them as discordant noise without warning. Studies and common experience have shown that dogs are afraid of fireworks. Frightened animals, such as dogs, awakened from sleep or startled from a state of relaxation by fireworks, will hide, pace, shake, cry or flee, unable to process what is going on or find a safe haven. Horses’ innate fear responses can take over when they hear fireworks.

In light of the detrimental effect of fireworks on animals, and the fire hazard posed by fireworks, Section 9.20.020 of the Norco Municipal Code prohibits, among other things, fireworks from being “sold, used, stored, discharged, possessed, given away or provided to a minor in any location within the City at all times.” The penalties for administrative citations for violating the fireworks prohibition are $1,000 for violations

relating to “safe and sane” fireworks and $2,000 for violations relating to fireworks that are not “safe and sane.”
Notwithstanding the prohibition on fireworks, people continue to violate City’s fireworks ban by illegally using and discharging fireworks in the City, to the detriment of the City’s animal population and the public’s health and safety. Therefore, to further deter the illegal use of fireworks, it is recommended that the City Council increase the administrative penalty to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane,” as follows:

9.20.040 Administrative citation – Issuance.
(A) Code enforcement officers, peace officers, or building officials shall be considered enforcement officers as defined in Section 1.05.020(B). The City Council or City Manager may designate additional enforcement officers. (B) Whenever an enforcement officer determines that a violation of Section

9.20.020 has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, for each violation found to have occurred.
(C) Notwithstanding the general penalty provisions outlined in Sections

1.04.010 and 1.05.030, administrative citations issued for violations of Section

9.20.020 shall carry penalties of $1,000$2,500 if the fireworks involved were “safe and sane” fireworks as defined in California Health and Safety Code Section 12529.
(D) Notwithstanding the general penalty provisions outlined in Sections

1.04.010 and 1.05.030, administrative citations issued for violations of Section

9.20.020 shall carry penalties of $2,000$5,000 if the fireworks involved are not “safe and sane” fireworks as defined in California Health and Safety Code Section 12529, including, but not limited to, fireworks that are “dangerous” within the meaning of California Health and Safety Code Section 12505.

Alternative No. 1: Introduce and approve a first read of an Ordinance increasing the administrative fine amounts for the illegal use of
fireworks
Alternative No 2.: Do not approve the attached Ordinance.

Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a first read of an Ordinance increasing the administrative fine amounts for the illegal use of fireworks.

FISCAL IMPACT:

The increase in administrative fine amounts is anticipated to bring in additional administrative fine revenue; however, the goal of the ordinance is to further deter violations.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Plan #1: Public Health, Safety and Wellness; Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

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

Ordinance 1124 - Fireworks

1 ORDINANCE NO. 1124

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NORCO AMENDING TITLE 9
“FIREWORKS” - SECTION 9.20.040
“ADMINISTRATIVE CITATION - ISSUANCE” OF THE

NORCO MUNICIPAL CODE TO INCREASE

ADMINISTRATIVE FINE AMOUNTS FOR THE
ILLEGAL USE OF FIREWORKS. CODE
AMENDMENT 2024-10
WHEREAS, Some animals, including dogs and cats, experience sounds at far greater intensity than humans. Fireworks appear for them as discordant noise without warning; and
WHEREAS, studies, and common experience, have shown that dogs are afraid of fireworks. Frightened animals, such as dogs, awakened from sleep or startled from a state of relaxation by fireworks will hide, pace, shake, cry or flee, unable to process what is going on or find a safe haven; and
WHEREAS, horses’ innate fear responses can take over when they hear fireworks; and
WHEREAS, in light of the detrimental effect of fireworks on animals and the fire hazard posed by fireworks, Section 9.20.020 of the Norco Municipal Code prohibits, among other things, fireworks from being “sold, used, stored, discharged, possessed, given away or provided to a minor in any location within the City at all times”; and WHEREAS, the penalties for administrative citations for violating the City’s fireworks prohibitions are $1,000 for violations relating to “safe and sane” fireworks and $2,000 for violations relating to fireworks that are not “safe and sane”; and WHEREAS, notwithstanding the City’s prohibition on fireworks and administrative fines, people continue to violate the City’s fireworks ban by illegally using and discharging fireworks in the City, to the detriment of the City’s animal population and the public’s health and safety; and

Ordinance 1124 Increasing Penalty for Fireworks

2 WHEREAS, to further deter the illegal use of fireworks, the City Council desires to increase the administrative penalty to $2,500 for violations relating to “safe and sane” fireworks and $5,000 for violations relating to fireworks that are not “safe and sane.” NOW, THEREFORE, the City Council of the City of Norco does hereby ORDAIN as follows:

Section 1. Section 9.20.040 is amended to read as follows:

9.20.040 Administrative citation – Issuance.
(A) Code enforcement officers, peace officers, or building officials shall be considered enforcement officers as defined in
Section 1.05.020(B). The City Council or City Manager may designate additional enforcement officers.
(B) Whenever an enforcement officer determines that a violation of Section 9.20.020 has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, for each violation found to have occurred.
(C) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $2,500 if the fireworks involved were “safe and sane” fireworks as defined in California Health and Safety Code Section 12529.
(D) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $5,000 if the fireworks involved are not “safe and sane” fireworks as defined in California Health and Safety Code Section 12529, including, but not limited to, fireworks that are “dangerous” within the meaning of California Health and Safety Code Section 12505.

Section 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court

Ordinance 1124 Increasing Penalty for Fireworks

3 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

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

PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on September 4, 2024.
_____________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Ordinance 1124 Increasing Penalty for Fireworks

4 I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 21, 2024 and thereafter at a regular meeting of said City Council duly held on September 4, 2024, it was duly passed and adopted by the following vote of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 4, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

6.D.

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

First Reading Ordinance No. 1125 Amending the Norco Municipal Code Title 2, Chapter

2.06 "City Council Salaries" Increasing the Compensation of City Council Members - Code Amendment 2024-11
RECOMMENDATION:

Adopt Ordinance No. 1125 First Reading Amending Section 2.06.030 of the Municipal Code, Salaries, adjusting Council Member Compensation to $1,182.50 per Month, or another amount as directed, to be effective January 1, 2025.

SUMMARY:

This item is being brought back anew, for another first reading, in order to provide clarity and certainty regarding the motion pending for vote and action on the item.

Council Member compensation has not been increased since 2001. Staff has provided City Council compensation survey data, and information from the California Government Code on what the compensation rules and regulations are for the Mayor and City Council to discuss and make the best choice for the City.

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.

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):

Ordinance 1125 First Reading

ORDINANCE NO. 1125

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 2024-11
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; and 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; and
WHEREAS, the compensation may be increased beyond the $950.00 as provided in Government Code Section 36516 (a)(2)(A) by ordinance, not to exceed the amount equal to 5% for each calendar year from the operative date of the last adjustment of the compensation (5% x 23 years = 115%) which results in an adjusted compensation of $1,182.50 per month; and
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 September 04, 2024.

ATTEST:

Dana Roa, CMC, City Clerk
City of Norco, California
Kevin Bash, Mayor
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 August 21, 2024 and thereafter at a regular meeting of said City Council duly held on September 04, 2024, it was duly passed and adopted by the following vote of the City Council.

AYES:

NOES:

ABSENT: NONE
ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 04, 2024.

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