AGENDA
City Council
Wednesday, October 4, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 potential cases
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606 RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Greg Newton
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God
PRESENTATIONS
City Spirit Award
Community Spirit Award
Norco Fair Board of Directors
Proclamation
Red Ribbon Month - Martha Ontes,
Student Services CNUSD
National Fire Prevention Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
City Council Agenda - October 4, 2023
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of a Bluff Street Storage Yard Lease Agreement with Ferreira Construction.
RECOMMENDATION:
Approve lease agreement with Ferreira Construction for 1/4 acre of property at the City's Bluff Street property (APN 121-110-001).
Staff Report - Pdf
2.C. Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report
RECOMMENDATION:
Receive and File the Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report
Staff Report - Pdf
2.D. Authorizing the City Manager to Enter into a Reciprocal Agreement to Exchange Tax Data Specific to City Business License Information with the Franchise Tax Board
RECOMMENDATION:
Adopt Resolution No. 2023-61, authorizing the City Manager to enter into a reciprocal data exchange agreement with the Franchise Tax Board.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
City Council Agenda - October 4, 2023
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.
6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
7. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
7.A. Ordinance No. 1105, First Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2023-05.
RECOMMENDATION:
Adopt Ordinance No. 1105, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2023-05, and schedule Second Reading on October 18, 2023.
Staff Report - Pdf
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. ADJOURNMENT
City Council Agenda - October 4, 2023
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: October 4, 2023 Agenda Item:
2.A
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: October 4, 2023 Agenda Item:
2.B
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Approval of a Bluff Street Storage Yard Lease Agreement with Ferreira Construction RECOMMENDATION:
Approve lease agreement with Ferreira Construction for 1/4 acre of property at the City's Bluff Street property (APN 121-110-001).
SUMMARY:
Staff is recommending that the City Council approve entering into the attached Bluff Street Storage Yard Ground Lease for 1/4 acre of property for a one-year period at a monthly rate of $2,722.50.
BACKGROUND:
The City owns approximately 13 contiguous acres of land in the City of Norco (APN 121- 110-001). Approximately 6 acres is used by Public Works for the Bluff Groundwater Treatment Plant and Reservoirs, while the remaining 7 acres is unimproved usable space that is routinely used by Public Works contractors for temporary project storage yards (see Exhibit A). The 6 acres that makes up the treatment plant area is separated from the undeveloped portion of the property by an internal security fence.
Ferreira Construction has approached the City to lease a 1/4 acre portion of the property to store construction equipment and materials for up to a one-year period as they work on the City of Corona 20" Reclaimed Waterline Project that will install a new reclaimed water line in RIver Road from Bluff Street to the WRCRWA Sewer Treatment Plant. The anticipated additional traffic related to the use of the City property as a construction yard is expected to be nominal as most of the construction activity will be on River Road.
Ferreira Construction would provide internal temporary fencing to define the limits of the leased area and secure its property that would be located onsite; place 2 inches of aggregate base material within the fenced leased area; and provide all the necessary insurance documentation required by the City. Ferreira Construction would pay the City a monthly lease in the amount of $2,722.50 a month (or $0.25 per square foot) for the
term of the agreement. The lease rate was developed a few years ago with the assistance of a local realtor.
Staff believes that the use of this property to provide Ferreira Construction with space for storage of miscellaneous heavy construction equipment and materials does not impact the current or potential future uses of the property. Additionally, the short-term lease would provide additional revenue to the City’s General Fund.
FISCAL IMPACT:
The lease agreement provides for a monthly rent of $2,722.50 ($32,670 annually).
RELATIONSHIP TO STRATEGIC PLAN:
Short term lease of this property to generate additional revenues to the City is consistent with Strategic Direction #3 "Economic Development and Financial Stability": Assure financial stability by expanding development efforts, diversifying revenue sources andcontinuing prudent financial management." REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
EXHIBIT A
Ferreira Construction_Bluff St Storage Yard Ground Lease
BLUFF STREET STORAGE YARD GROUND LEASE
BY AND BETWEEN
THE CITY OF NORCO
("LANDLORD")
AND
FERREIRA
CONSTRUCTION, INC
("TENANT")
TABLE OF CONTENTS
ARTICLE 1. LEASED PREMISES .......................................................................................2
1.1 Leased Premises...............................................................................................................2
1.2 No Third-Party Rights......................................................................................................3 ARTICLE 2. TERM; CONDITIONS; EXTENSIONS........................................................3
2.1 Tenn Commencement. ......................................................................................................3
2.2 Option to Extend Lease ....................................................................................................3
2.3 Environmental Condition - As-is Condition ....................................................................3
2.4 Possession; Risk of Loss; Covenant of Quiet Enjoyment................................................3 ARTICLE 3. RENT.................................................................................................................4
3.1 Rent Commencement Date................................................................................................4
3.2 Monthly Rent. ..................................................................................................................4
3.3 Interest and Late Charge .................................................................................................4
3.4 No Implied Partnership....................................................................................................5 ARTICLE 4. USES .................................................................................................................5
4.1 Use of Leased Premises ......................................................................................................5
4.2 Non-Discrimination...........................................................................................................5 ARTICLE 5. INSURANCE....................................................................................................5
5.1 Minimum Requirements ...................................................................................................5
5.2 Safety ................................................................................................................................7
5.3 Indemnification.................................................................................................................8
5.4 Waiver of Subrogation......................................................................................................8 ARTICLE 6. TERMINATION OF AGREEMENT..............................................................9
6.1 Grounds for Termination..................................................................................................9 ARTICLE 7. MISCELLANEOUS..........................................................................................9
7.1 Notices and Deliveries.......................................................................................................9
7.2 Attorneys' Fees ................................................................................................................9
7.3 Rights of Successors .......................................................................................................10
7.4 Amendments in Writing..................................................................................................10
7.5 Ti1ne of Essence..............................................................................................................10
7.6 Applicable Law: Severability..........................................................................................10
2 BLUFF STREET STORAGE YARD GROUND LEASE
This Bluff Street Storage Yard Ground Lease ("Lease") is dated for identification purposes as of the 4th day of October, 2023 ("Effective Date") and is entered into by and between the following (each sometimes referred to herein as the "Party" and collectively as the "Parties"), THE CITY OF NORCO, a municipal corporation ("City" or "Landlord" herein) and FERREIRA CONSTRUCTION or its assignee as hereinafter permitted ("Tenant"), with reference to the following facts:
RECITALS
WHEREAS, the City owns approximately 13 contiguous acres of land in the City of Norco (APN 121-110-001), County of Riverside, State of California, located north of River Road and easterly of Bluff Street, where the City currently owns and maintain a potable water treatment plant and plans to construct additional water storage reservoirs in the near future; and WHEREAS, even after the recent expansion of Bluff Groundwater Treatment Plant and Reservoirs onsite the property has about 7 acres of unimproved usable space that could be utilized for other purposes (permanent or temporary); and WHEREAS, Ferreira Construction has approached the City to lease a 1/4 acre portion of the property to store construction equipment and materials for up to a one-year period; and WHEREAS, Ferreira Construction, Inc. would provide internal temporary fencing to define the limits of the leased area and secure its property that would be located onsite, place 2 inches of aggregate base material within the fenced leased area; and provide all the necessary insurance documentation required by the City; and.
WHEREAS, Ferreira Construction, Inc. would pay the City a monthly lease in the amount of twenty-seven hundred twenty-two dollars and fifty cents ($2,722.50) a month for the term of the agreement; and
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, hereby agree as follows:
ARTICLE 1. LEASED PREMISES
1.1 Leased Premises
Subject to the provisions of this Lease, Landlord (i) agrees to lease to Tenant, and Tenant agrees to lease from Landlord 1/4 acre of unimproved property (also known herein as the "Leased Premises"). Physical location of leased property to be determined by the City.
3 1.2 No Third Party Rights.
Landlord agrees to indemnify, defend and hold Tenant harmless from any and all claims, damages, costs and expenses or whatsoever kind or nature arising from evictions, lease terminations, unlawful detainer actions or other acts of dispossession or reclamation undertaken by Landlord (including counterclaims of third parties in response thereto) in order to deliver the Leased Premises free of claims of possession by third parties and/or rights of possession or access to the Leased Premises.
ARTICLE 2. TERM; CONDITIONS; EXTENSIONS
2.1 Term Commencement: Original Term.
The Original Term of this Lease shall commence on October 4, 2023 (the Term Commencement Date") and shall terminate October 4, 2024 unless extended as provided in Section 2.2 below or sooner terminated as provided for in this Lease.
2.2 Option to Extend Lease.
By mutual agreement the City and Tenant may elect to extend this Lease (the "Option to Extend") for an additional one year term (referred to herein as the "Extended Term") following the expiration of the Original Term. In order to ensure a timely extension is formalized before the expiration of the lease term, the Tenant must formally request the extension 90 days before the end of the lease term. At such time an extension to the agreement is being considered, the City may place additional conditions on the tenant, including modification of the monthly lease rate.
If no mutual agreement can be reached, the agreement will terminate as scheduled.
2.3 Environmental Condition; As-is Condition.
Except as otherwise specifically provided in this Lease, Tenant agrees that: (i) it shall lease the Leased Premises in an "as-is" condition as of the Term Commencement Date, subject to all facts, circumstances, conditions and defects; (ii) Landlord has no obligation to repair or correct any facts, circumstances, conditions or defects in the Leased Premises or to compensate Tenant for the same; (iii) Tenant shall have undertaken all such physical inspections and examinations of the Leased Premises which Tenant deems necessary or appropriate, under the circumstances, and that, based upon the same, Tenant is and will be relying strictly and solely upon such inspections and examinations and the advice and counsel of its own agents and officers; and (iv) except as expressly provided in this Lease, Landlord is not making and has not made any warranty or representation with respect to the physical condition or the fitness for any particular purpose of any part of the Leased Premises as an inducement to Tenant to enter into this Lease. Tenant agrees to return the leased area in the same or better condition than it was received.
2.4. Possession; Risk of Loss; Covenant of Quiet Enjoyment.
From and after the Term Commencement Date, all risk of loss associated with the Leased Premises described herein shall pass to Tenant.
4 ARTICLE 3. RENT
3.1 Rent Commencement Date.
Tenant's obligation to pay Rent shall begin as of the Term Commencement Date. All Rent shall be paid without invoice, deduction, abatement, off set, prior notice or demand, except as herein stated. All payments of rental shall be made to Landlord as they become due in lawful money of the United States of America at such place as is designated herein by Landlord for the receipt of notices or such other place as shall be designated to Tenant by Landlord in writing from time to time. The term "Rent" or "rental" as used in this Lease includes the Monthly Rent defined in Section 3.2 and all other sums required to be paid by Tenant under this Lease. Monthly Rent due under this Lease shall be due on the first (1st) day of each calendar month.
3.2 Monthly Rent.
The "Monthly Rent" after the Term Commencement Date shall be Twenty-seven hundred twenty two dollars and fifty cents ($2,722.50). The Monthly Rent shall be paid in equal monthly installments payable in advance on or before the first day of each calendar month. There shall no adjustments in the Monthly Rent for the initial term of the agreement, except by mutual consent. The Tenant shall also provide a deposit of $1,000 to offset any rehabilitation or cleanup the City may have to complete after the agreement has expired. The deposit may be refunded in its entirety or partially based on final site conditions at the time the lease expires. At the time the lease agreement is signed, the Tenant shall provide first and last month's rent ($5,445) and the deposit ($1,000) at the time the lease agreement is signed.
3.3 Interest and Late Charge.
Any Rent not paid within ten (10) days after the date the payment is due and following five (5) days written demand to Tenant for payment of the same shall bear interest at the Default Rate as defined herein from the date due until the date of payment by Tenant.
Acceptance of rental without the late charge will not constitute a waiver of Tenant's default with respect to such nonpayment of the late charge by Tenant, nor prevent Landlord from exercising all other rights and remedies available under the Lease. Landlord's failure to require or collect the late charge in any one or more instances shall not constitute a waiver of the right to collect subsequent late charges.
The "Default Rate" as used herein shall mean interest at the rate of two percent (2%) per annum in excess of the Prime Rate in effect from time to time calculated on the balance of rental and other amounts from time to time outstanding. As used herein the "Prime Rate" means the highest announced "prime rate" of Citibank, New York, New York, for 90 day commercial loans or if the practice of such bank of announcing "prime rates.. is discontinued, then the highest rate of interest charged by such bank (or by the largest [measured by total assets] bank in the continental United States, if Citibank ceases to exist or to make such loans) for 90-day commercial loans to its most credit worthy large corporate borrowers, as such rate may change from time to time. Any change in said interest rate shall become effective on the first day of each calendar month and for such calendar month shall be based on the prime rate in effect on the last day of the immediately preceding calendar month.
None of the terms or provisions of this Lease shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess
5 of the maximum interest rate permitted to be charged by the Applicable Laws, if any, of the State of California. Tenant shall never be required to pay interest on any amount in Default under this Lease at a rate in excess of the maximum interest rate that may be lawfully charged under the Applicable Laws, if any, of this State, and the provisions of this paragraph shall control over all other provisions in this Lease which may be in apparent conflict with this paragraph. If Landlord shall collect monies which are deemed to constitute payments in the nature of interest which would otherwise exceed the maximum rate permitted to be charged by Applicable Laws, if any, of this State, all such sums deemed to constitute interest in excess of such maximum rate shall, at the option of Landlord, be credited to the payment of sums lawfully owing or returned to Tenant. Nothing herein shall be construed to submit this Lease or the payment of any sums hereunder to the application of any usury or other laws which would not otherwise apply but for the provisions hereof.
3.4 No Implied Partnership.
Nothing in this Lease shall be construed to render Landlord, a partner, joint venturer, or associate in any relationship or for any purpose with Tenant, other than that of Landlord and Tenant, nor shall this Lease be construed to authorize either to act as agent for the other.
ARTICLE 4. USES
4.1 Use of the Leased Premises.
It is expressly agreed that the Leased Premises may be used as a storage yard only. The Tenant shall not sublease to any party and shall not store any liquid or hazardous chemicals of any sort. Tenant shall install 6 foot tall screened chain link fence around the leased area and place 2 inches of aggregate base on the inside of the leased area. Tenant shall provide dust control within the leased area on an on-going basis.
No utilities shall be allowed to the leased area (water, sewer, electrical, gas, cable) and Tenant shall not be allowed to have staff remain onsite overnight for any reason. However, at all times the Tenant must maintain temporary bathroom (portable toilet) for their employees.
4.2 Non-Discrimination.
Tenant, for itself, its successors and assigns and all persons claiming under or through it, covenants that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Leased Premises, nor shall Tenant or any person claiming under or through it, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, licensees, employees or vendees in the Leased Premises or the improvements thereon. The foregoing covenants shall run with the land.
ARTICLE 5. INSURANCE
5.1 Minimum Requirements. Throughout the life of this Lease Agreement, Tenant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
6 (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Lease Agreement) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance asrequired under the California Labor Code. (iv) EMPLOYERS' LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
Tenant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Tenant shall also be responsible for payment of any self-insured retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Tenant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self- insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, nonrenewal, or reduction in coverage or in limits, Tenant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Tenant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations) and Automobile Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Tenants insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents.
Any Workers' Compensation insurance policy shall contain a waiver of
7 subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Tenant maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Tenant.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Lease Agreement.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after termination of the Lease Agreement.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Lease Agreement, Tenant must purchase extended reporting period coverage for a minimum of 5 years after termination of the Lease Agreement.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Lease Agreement.
Tenant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or his/her designee in his/her sole discretion prior to City's execution of the Contract and before work commences. Upon request of City, Tenant shall immediately furnish City with a complete copy of any insurance policy required under this Lease Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Lease Agreement.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Lease Agreement. No action taken by City hereunder shall in any way relieve Tenant of its responsibilities under this Lease Agreement.
The fact that insurance is obtained by Tenant shall not be deemed to release or diminish the liability of Tenant including, without limitation, liability under the indemnity provisions of this Lease Agreement.
The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Tenant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Tenant, its principals, officers, agents, employees, persons under the supervision of Tenant, vendors, suppliers, invitees, consultants, subconsultants, subcontractors, or anyone employed directly or indirectly by any of them.
5.2 Safety.
Tenant shall execute and maintain its leased area so as to avoid injury or damage to any person or property. In constructing and occupying the lease area, the Tenant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
8 5.3 Indemnification.
Tenant shall indemnify, defend and hold Landlord and its Representatives, and the property of Landlord, including the Leased Premises and any improvements thereon, free and harmless from any and all Liabilities to the extent resulting from Tenant's use, occupancy or enjoyment of the Leased Premises by Tenant. The above indemnification includes, without limitation, any Liabilities arising by reason of:
(a) The death or injury of any Tenant Parties, including Tenant or any person who is an employee or agent of Tenant, or damage to or destruction of any property, including property owned by Tenant or by any person who is an employee or agent of Tenant, from any cause whatsoever while such person or property is on the Leased Premises or in any way connected with the Leased Premises or with any of the improvements or personal property on said premises; (b) Tenant's failure to perform any provision of this Lease or to comply with Applicable Law.
Tenant's agreement to indemnify the Landlord Parties pursuant to this Section 8.6 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried pursuant to the provisions of this Lease, to the extent such policies cover, or if carried, would have covered, the matters, subject to the parties' respective indemnification obligations; nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease.
Notwithstanding any provision to the contrary contained in this Lease, nothing in this Lease shall impose any obligations on Tenant or Landlord to be responsible or liable to the other for, and each hereby releases the other from all liability for, consequential damages stemming from a breach of this Lease.
5.4 Waiver of Subrogation.
Landlord and Tenant agree to have their respective insurance companies issuing property damage insurance waive any rights of subrogation that such companies may have against Landlord or Tenant, as the case may be, so long as the insurance carried by Landlord and Tenant, respectively, is not invalidated thereby. As long as such waivers of subrogation are contained in their respective insurance policies, Landlord and Tenant hereby waive any right that either may have against the other on account of any loss or damage to their respective property to the extent such loss or damage is insurable under policies of insurance for fire and all risk coverage, theft, public liability, or other similar insurance.
Each Party (the "Releasor") hereby releases the other Party (the "Releasee") from any and all liability or responsibility to the Releasor or anyone claiming through or under the Releasor by way of subrogation or otherwise for any incurred loss or damage to any person or property caused by fire or other insured peril or other such loss, damages, or other insured event or negligence of the Releasee, or anyone for whom such Releasee may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as the Releasor's policy or policies of insurance shall contain a waiver of subrogation endorsement, to the effect that any such release shall not adversely affect or impair said policy or policies or prejudice the right of the Releasor to recover thereunder.
9 ARTICLE 6. TERMINATION OF AGREEMENT
Grounds for Termination. City or Tenant may, by written notice to other party, terminate the Lease Agreement at any time and without cause by giving written notice to Tenant of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination.
ARTICLE 7. MISCELLANEOUS
7.1 Notices and Deliveries.
All notices, consents or waivers required or permitted in this Lease Agreement shall be in writing and be deemed to have been duly given: (i) when delivered personally; or (ii) on the next business day after delivery to a reputable overnight courier service, prepaid, marked for next day delivery, addressed to the addressee at its address set forth below; or (iii) on the day or receipt, if received during business hours of the recipient on a business day, and otherwise on the next business day, if delivered by facsimile transmission to the FAX number of the receiving party listed below, but only if a duplicate copy of the notice is sent on the same day as provided in clause (ii) above. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice.
If to Landlord:
City of Norco
2870 Clark Ave
Norco, CA 92860
Attention: City Manager
If to Tenant:
Ferreira Construction
10370 Commerce Center Drive
Rancho Cucamonga, CA 91730
Attention: Matthew Pensick
7.2 Attorneys' Fees.
In the event that either Party hereto brings any action or files any proceeding in connection with the enforcement of its respective rights under this Lease or as a consequence of any breach by the other party of its obligations under this Lease, the prevailing party in such action or proceeding shall be entitled to have its reasonable attorneys' fees and out-of-pocket expenditures paid by the losing party.
10 7.3 Rights of Successors.
All of the rights and obligations of the Parties under this Lease shall bind and inure to the benefit of their respective heirs, successors and assigns.
7.4 Amendments inWriting.
This Lease cannot be orally amended or modified. Any modification or amendment hereof must be in writing and signed by both parties to be charged.
7.5 Time of Essence.
Time is of the essence with respect to each provision in this Lease.
7.6 Applicable Law: Severability.
The interpretation and enforcement of this Lease shall be governed by the laws of the State of California. Should any part, term, portion or provision of this Lease, or the application thereof to any person or circumstances be held to be illegal or in conflict with Applicable Laws, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and the same shall remain enforceable and valid to the fullest extent permitted by law.
END OF TEXT
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Patties have executed this Lease as of the date first above written.
TENANT: FERREIRA CONSTRUCTION
_____________________
By: Ferreira Construction
LANDLORD:
CITY OF NORCO
a municipal corporation
________________________
BY: Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
______________________
Dana Roa, CMC, City Clerk
City of Norco, California
Approved as to form:
_________________________
Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: October 4, 2023 Agenda Item:
2.C
To: Honorable Mayor and City Council Members
Prepared By: William Otterman, Fire Chief
Department: Fire
SUBJECT:
Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report RECOMMENDATION:
Receive and File the Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report
SUMMARY:
Norco has fourteen (14) public and private schools, eight (8) hotels/motels/apartment buildings, and two (2) elderly assisted living facilities which are subject to the State mandated inspections in FY 2022-23. All of the inspections have been completed.
BACKGROUND:
Effective September 27, 2018, the California Health and Safety Code requires every city or county fire department to annually inspect buildings used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities in their jurisdiction. Inspectors look for compliance with building standards and other regulations created by the State Fire Marshal, and focus on public safety, preventing fires, escaping fires, and containing fires.
Pursuant to Senate Bill 1205 (SB1205), California Health and Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018, to read:
(a) Every city or county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d) For purposes of this section, "administering authority'' means a city council, county board of supervisors, or district board, as the case may be.
The first full reporting period subject to Senate Bill 1205 was calendar year 2019. This staff report serves as the City's Annual Compliance Report for SB 1205 purposes.
Riverside County Fire/CALFIRE is responsible for fire and life safety community programs in the City of Norco. One of these is the California State Fire Marshal mandated annual inspection program. The annual inspection requirement is conducted and completed by Fire Safety Specialists and Fire Systems Inspectors throughout the year.
Inspectors issue correction notices for violations and the amount of time provided for the correction is dependent on the violation. Imminently dangerous situations may require immediate correction, while less dangerous or more complicated situations are given two weeks to 30 days. Due to the consistently changing classroom and campus environment, nearly all schools require corrections of some type. Residential occupancies generally require fewer corrections due to their more static and consistent nature of use.
For 2023, 100% of the California State Fire Marshal mandated inspections were completed.
As required by California Health and Safety Code, Section 13146.2 (Residential Group R occupancies), 10 of the 10 annual inspections of Group R (R-1 & R-2) occupancies were completed. This is a compliance rate of 100% for this reporting period.
As required by California Health and Safety Code, Section 13146.3 (Educational Group E occupancies), 14 of 14 annual inspections of Group E occupancies were completed.
This is a compliance rate of 100% for this reporting period. Educational Group E occupancies generally refer to public and private schools.
As required by SB 1205, Section 13146.4, Riverside County/CALFIRE, is to annually report to the City Council its compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the City Council to formally acknowledge receipt of the compliance report.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #1. Public Health, Safety and Wellness:
Enhance quality of life by promoting public health, safety and wellness initiatives for all community members
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: October 4, 2023 Agenda Item:
2.D
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Authorizing the City Manager to Enter into a Reciprocal Agreement to Exchange Tax Data Specific to City Business License Information with the Franchise Tax Board RECOMMENDATION:
Adopt Resolution No. 2023-61, authorizing the City Manager to enter into a reciprocal data exchange agreement with the Franchise Tax Board.
SUMMARY:
To enhance compliance with State tax laws and City business license rules and regulations, staff is recommending that the City Council authorize the City Manager to enter into a reciprocal agreement with the Franchise Tax Board (FTB) for the exchange of City business license and state income tax information. This arrangement has been in place for many years, and must be renewed every two years.
BACKGROUND:
California Revenue and Taxation Code (R&TC) Section 19551.5 mandates cities to provide city business tax data to FTB. R&TC 19551.1 authorizes a reciprocal agreement for the exchange of city business tax and income tax information between a City and FTB.
The exchange of information will be used solely by both parties for tax administration purposes. Through this data exchange, the City is able to identify businesses operating in the City without business licenses.
The City of Norco has had a reciprocal agreement in place with FTB for many years. FTB requires that a new agreement be adopted every two years to continue its operation.
FISCAL IMPACT:
By entering into a reciprocal agreement each party agrees to bear their own costs of providing the data and the City is precluded from obtaining reimbursement. Cost impact will be minimal and would likely be offset by increase in business license fee revenue.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Att #1 -Agreement #96178 Norco.213
Att# 2 - 96178 Norco.Agreement Exhibits
Reso 2023-61
2. The term of this Agreement is:
State of California City of Norco
Franchise Tax Board Agreement # 96178
EXHIBIT A
SCOPE OF WORK
This Agreement is entered into by and between the Franchise Tax Board, herein after referred to as (FTB), and the City of Norco, herein after referred to as the City.
Purpose:
This Agreement provides for the reciprocal exchange between FTB and the City tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement.
Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, B, C, D, E, F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound.
No Federal Tax Information will be exchanged.
Legal Authority:
California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a City/County and FTB. R&TC Section 19551.5 mandates cities/counties to provide city/county business licensing and tax information to FTB upon request.
City Responsibilities:
1. The City agrees that the information provided by FTB will be used exclusively to administer the City/County Business Tax Program.
2. The City agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose; and will only be accessed or used by City employees whose duties are to administer the City/County Business Tax Program.
3. The City agrees to provide FTB with tax information pursuant to Format Specifications, Exhibit E, which shall include, but not be limited to, the following:
Business or owner’s name
Business address
Federal Employer Identification Number (FEIN) or Social Security Number (SSN) Ownership type
North American Industry Classification Code or Standard Industry Classification Code Business start and cessation dates
City Business Tax Number, to be assigned to the City by FTB
4. The City agrees to extract and provide city data to FTB annually between April and July for each tax year that the Agreement is in place. If the Agreement is executed after July 31, 2024, the City will have 30 days after execution to provide FTB with the first year’s data.
State of California City of Norco
Franchise Tax Board Agreement # 96178
5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system.
6. The City agrees to submit the records to FTB in ASCII fixed-length format, .txt, per the Format Specifications, Exhibit E.
7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year.
8. The City agrees that each City employee having access to FTB data shall sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request.
9. The City agrees to submit to FTB a completed Security Questionnaire prior to receiving any FTB data. The Security Questionnaire is valid for the duration of the Agreement.
10. The City agrees to provide a copy of the current resolution, order, or minutes reflecting passage of a motion, or ordinance of the local governing body authorizing the execution of this specific Agreement.
FTB Responsibilities:
1. FTB agrees that information provided by the City will be used for tax administration and non-tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law.
2. FTB agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose, except as provided in paragraph 1 or otherwise authorized by law.
3. FTB agrees to provide the City with data extracted from the Taxpayer Information (TI) system and Business Entities Tax System (BETS). FTB will provide the City with records for taxpayers within the City’s jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F, FTB 909A shall include:
Taxpayer name
Taxpayer address
Taxpayer SSN or FEIN
Principal Business Activity code
4. FTB agrees to match the data provided by the City using the SSN or FEIN against FTB’s data with a “Yes” or “No” indicator on the Record Layout, Exhibit F, FTB 909A. The first year’s data match is at the discretion of FTB based on when the data is received from the City and processed.
5. FTB agrees to provide the City with an annual data extract in December 2024 for tax year 2023, in December 2025 for tax year 2024, and in December 2026 for tax year 2025 via SWIFT.
State of California City of Norco
Franchise Tax Board Agreement # 96178
6. FTB agrees to register the City for a SWIFT account allowing for the secure electronic transmission of data.
7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only.
8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors.
Project Coordinators:
The project coordinators during the term of this Agreement will be:
Franchise Tax Board City of Norco
Kay Han Lisette Free
City/County Business Tax Program Analyst Director of Finance Data Oversight Program 2870 Clark Avenue
P.O. Box 1468, Mailstop A181 Norco, CA 92860
Sacramento, CA 95812-1468 Phone: (951) 270-5652
Phone: (916) 845-0638 Email: [email protected]
Email: [email protected]
Return executed agreement to:
Franchise Tax Board
Kay Han
City/County Business Tax Program Analyst
Data Oversight Program
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812-1468
Phone: (916) 845-0638
Email: [email protected]
State of California City of Norco
Franchise Tax Board Agreement # 96178
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
This data exchange is provided at no cost.
State of California City of Norco
Franchise Tax Board Agreement # 96178
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. DATA OWNERSHIP: The confidential tax information or other confidential information being provided under this Agreement remains the exclusive property of the providing party.
Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. The City (or County) shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement.
2. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has taxpayer tax returns and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, and 19552). Unauthorized inspection or disclosure of federal returns and other confidential federal return information or data is a misdemeanor or a felony (Internal Revenue Code Sections 7213A(a)(2) and (b), and 7213(a)(2), respectively).
Upon the approval of this agreement and prior to any access to the confidential or sensitive data of the FTB, each City (or County) employee who may have access to the confidential data of FTB will be required to sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G), attesting to the fact that he/she is aware of the confidentiality of the data and the penalties for unauthorized disclosure thereof under applicable state and federal law. The signed statement(s) shall be retained by the City (or County) and furnished to FTB upon request.
3. USE OF INFORMATION: The City (or County) agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. The City (or County) further agrees that information obtained under this Agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A.
4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City (or County) receiving data agree that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a “need to know” basis. The “need to know” standard is met by authorized employees who need the information to perform their official duties in connection with the uses of the information authorized by this Agreement.
Each party receiving data recognizes its responsibility to protect the confidentiality of the information in its custody as provided by law and ensure that such information is disclosed only to those individuals and for such purposes as authorized by law and this Agreement.
5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: Both FTB and the City (or County) receiving data, in recognizing the confidentiality of the information to be exchanged, agrees to take all appropriate precautions to protect the confidential information obtained pursuant to this agreement from unauthorized access, use, or disclosure. Each party receiving data will conduct oversight of its users with access to the confidential information provided under this Agreement, and will immediately notify FTB’s Information Security Audit & Investigations Unit ([email protected]) of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this
State of California City of Norco
Franchise Tax Board Agreement # 96178
section, “immediately” is defined as within 24 hours of the discovery of the breach or suspected breach. The notification must describe the incident in detail and identify responsible personnel (name, title, and contact information). The City (or County) with an incident will comply with the incident reporting requirements in accordance with Civil Code Section 1798.29, State Administrative Manual (SAM) Chapter 5300 and Sections 8643, and State Information Management Manual 54340-A and 5340-C to facilitate the required reporting to the taxpayer(s) or state oversight agencies.
6. INFORMATION SECURITY: Information security is defined as the preservation of the confidentiality, integrity, and availability of information. A secure environment is required to protect the confidential information obtained from FTB pursuant to this agreement. The City (or County) receiving data will store information so that it is physically secure from unauthorized access. The records received by the City (or County) will be securely maintained and accessible only by employees of the City (or County) business license or tax programs who are committed to protect the data from unauthorized access, use, or disclosure. All FTB electronic data must be encrypted when in transit using FIPS 140-2 approved encryption technology and be password protected and secure at all times when in storage. Confidential information obtained from the FTB must be secured in accordance with the SAM Chapters 5100 and 5300 (Information Security), and National Institute of Standards and Technology (NIST) Special Publication 800-53 (moderate); and additional security requirements provided by FTB.
7. CLOUD COMPUTING ENVIRONMENT: A City (or County) receiving FTB’s confidential data must submit a completed FTB Cloud Security Questionnaire before using a Cloud Computing Environment. The questionnaire will be reviewed for approval by FTB’s Chief Security Officer, or his/her designee. A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB’s confidential data without prior written approval from FTB’s Chief Security Officer or his/her designee.
8. DESTRUCTION OF RECORDS: All records received by the City (or County) from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, shall be destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax program manager annually in writing at FTB [email protected] that proper destruction methods have been applied. FTB will destroy city/county data in accordance with the department’s data retention policies.
9. DISPUTE RESOLUTION: In the event of a dispute, the City (or County) shall file a “Notice of Dispute” with FTB’s Chief Financial Officer within ten (10) days of discovery of the problem.
Within ten (10) days, FTB’s Chief Financial Officer or his/her designee shall meet with the City (or County) for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.
10. SURVIVAL OF OBLIGATION TO PROTECT DATA: Each party’s obligation to protect the data and information received from the other party shall survive the expiration or termination of this Agreement. In the event a party continues to provide any data or information to the other party after the expiration or termination of this Agreement, the receiving party agrees to continue to protect all such data and information received in accordance with the provisions of this Exhibit D, and all applicable state and federal laws.
State of California City of Norco
Franchise Tax Board Agreement # 96178
11. ONSITE SAFEGUARD REVIEW: FTB retains the right to conduct on-site safeguard reviews of the City (or County) use of FTB information and security controls established. The safeguard reviews may include, but are not limited to an examination of the adequacy of information security controls, “need to know,” and use justifications established by the City (or County) to ensure compliance with the terms and conditions of this agreement. FTB will provide a minimum of seven (7) days’ notice of a safeguard review being conducted by FTB staff. The City (or County) will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements.
12. LIMITED WARRANTY: Neither party represents or warrants the accuracy or content of the material available through this Agreement, nor each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose.
13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, upon thirty (30) days’ prior written notice. This Agreement may be terminated immediately by either party in the event of any breach of the terms of this Agreement.
14. NO THIRD PARTY LIABILITY: Nothing contained in or related to this agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the City (or County); and no other party shall relieve the City (or County) or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be fully responsible for the acts and omissions of its third party contractors and agents, and of persons either directly or indirectly employed by the party. Neither of the parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other.
15. EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.
The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
State of California City of Norco
Franchise Tax Board Agreement # 96178
EXHIBIT E
CITY AND COUNTY RECORD LAYOUT SPECIFICATIONS (FTB 909)
Data Element Name Start Position End Position Field Size Description Social Security Number (SSN) 1 9 9 Must be present unless FEIN is provided.
Fill unused fields with zeros.
Federal Employer ID Number (FEIN) 10 18 9 Must be present unless SSN is provided.
Fill unused fields with zeros.
Ownership Type 19 19 1 Must be present. Use only acceptable values listed here:
S = Sole Proprietorship
P= Partnership
C = Corporation
T = Trust
L = LLC
Owner Last Name 20 34 15 Must be present if Ownership Type in position 19 = S.
Owner First Name 35 45 11 Must be present if Ownership Type in position 19 = S.
Owner Middle Initial 46 46 1 May be left blank.
Business Name 47 86 40 Enter if business is operating under a fictitious name (doing business as
(DBA)).
Business Address 87 126 40 Address of the business location or the residence of the owner if sole
proprietorship.
City 127 166 40 Must be present.
State 167 168 2 Enter the valid U.S. Postal Service
(USPS) state abbreviation. Format = CA
ZIP Code 169 177 9 Enter the five- or nine-digit ZIP Code assigned by USPS. If only the first five
digits are known, left justify information
and fill the unused fields with zeros.
State of California City of Norco
Franchise Tax Board Agreement # 96178
Data Element Name Start Position End Position Field Size Description Business Start Date 178 185 8 Enter the eight-digit date (MMDDYYYY).
If unknown, fill the field with zeros.
Business Cease Date 186 193 8 Enter the eight-digit date (MMDDYYYY) if out of business. If unknown, fill the
field with zeros.
City/County Business Tax Number 194 196 3 Enter three-digit number assigned by FTB.
North American Industry
Classification System
(NAICS)
197 202 6 Enter the two- to six-digit NAICS code.
Left Justify. Fill unused field with zeros
(example, 99 will be 990000).
Standard Industrial
Classification (SIC)
203 206 4 Enter the two- to four-digit SIC code. Left
justify. Fill unused fields with zeros
(example, 99 will be 9900).
Total Record Length 206
State of California City of Norco
Franchise Tax Board Agreement # 96178
EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS (FTB 909A) Data Element Name Length Start Position Description
ENTITY TYPE 1 1 “P” – Personal income tax record
“B” – Business entity tax record
SSN or FEIN 9 2 For “P” records, primary taxpayer’s social security number (SSN) For “B” records, federal employer identification number (FEIN) LAST NAME 40 11 For “P” records, primary taxpayer’s last name For “B” records, business name
FIRST NAME 11 51 For “P” records only
MIDDLE INITIAL 1 62 For “P” records only
SPOUSE SSN 9 63 For “P” records filed with a joint return SPOUSE LAST NAME 17 72 For “P” records filed with a joint return SPOUSE FIRST NAME 11 89 For “P” records filed with a joint return SPOUSE MIDDLE INITIAL 1 100 For “P” records filed with a joint return PBA CODE 6 101 For “P” records, principal business activity (PBA) code ADDRESS NUMBER 10 107
PRE-DIRECTIONAL DIRECTOR 2 117 Postal Service term referring to the directional word that is located before the street name and suffix (i.e., N, S, E, W, NE, NW, SE, SW) STREET NAME 28 119
STREET SUFFIX 4 147 e.g. ST, WAY, HWY, BLVD, etc.
POST-DIRECTIONAL INDICATOR 2 151 Postal Service term referring to the directional word that is located after the street name and suffix
(i.e., N, S, E, W, NE, NW, SE, SW)
STREET SUFFIX 2 4 153
APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc.
CITY 13 167
STATE 2 180 Standard state abbreviation
ZIP CODE 5 182 The five-digit ZIP Code assigned by the U.S. Postal Service ZIP CODE SUFFIX 4 187 Provide if known
CCBT MATCH 1 191 “N” – No match per CCBT data. “Y” – Yes: CBT matched to state tax return filed
TOTAL RECORD LENGTH 191
EXHIBIT G
CONFIDENTIALITY STATEMENT (FTB 712)
STATE OF CALIFORNIA
DISCLOSURE OFFICE MS A181
FRANCHISE TAX BOARD
PO BOX 1468
SACRAMENTO CA 95812-1468
City/County Business Tax Program Confidentiality Statement Confidential tax data is protected from disclosure by law, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state.
As a city/county employee, you are required to protect all information received from the Franchise Tax Board (FTB). To protect confidential tax data, you must:
• Access or modify tax data solely to perform official duties. • Never access or inspect tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have a need to know. • Never remove confidential tax data from your worksite without authorization. • Place confidential tax data in approved locations only.
Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• Taxpayer civil action.
I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me.
Name (print)
Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request.
FTB 712 (REV 06-2016)
Signatur Dat
RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A
RECIPROCAL TAX DATA EXCHANGE AGREEMENT SPECIFIC TO
CITY BUSINESS LICENSE INFORMATION WITH THE FRANCHISE
TAX BOARD
WHEREAS, California Revenue and Taxation Code (R&TC) Section 19551.5 mandates Cities to provide City business license tax data to the Franchise Tax Board; and,
WHEREAS, R&TC 19551.1 authorizes a reciprocal agreement for the exchange of City business license tax and income tax information between a City and FTB; and, WHEREAS, an agreement needs to be executed with the Franchise Tax Board before such information may be received and/or shared; and, WHEREAS, the City of Norco wishes to delegate authority to execute these agreements and any amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, does hereby authorize the City Manager to execute the Agreements, and any amendments thereto with the Franchise tax Board.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 4, 2023
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: October 4, 2023 Agenda Item:
7.A
To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:
Ordinance No. 1105, First Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2023-05.
RECOMMENDATION:
Adopt Ordinance No. 1105, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2023-05, and schedule Second Reading on October 18, 2023.
SUMMARY:
The City desires to promote and support local ecosystems, pollination of plants and crops, and opportunities to generate home grown honey. The proposed amendment of the Norco Municipal Code (NMC) modifies the requirements to allow a more permissive apiary ordinance for beekeeping on agricultural residential properties.
BACKGROUND:
The City desires to promote the proper and safe operation of urban apiaries or beehives on residential properties, and support local ecosystems to pollinate plants and crops as well as the opportunity to generate homegrown honey. Additionally, the City does recognize there must be practical and enforceable requirements on apiaries to ensure that the health and safety of the public is clearly documented and that homeowners do not allow the apiaries to pose a public nuisance. Based on a direction by the City Council, recent modifications to the Norco Municipal Code (NMC) to encourage beekeeping were presented to City Council for consideration and the revised Ordinance was approved on October 17, 2022.
In June of 2023, staff received correspondence from a community member who resides on an A-1 Zone property and wanted to apply for an apiary. However, their property did not meet two (2) property requirements of the ordinance: A lot size of 21,780+ sq. ft., and
a setback of 50 ft. from an adjacent resident or 100 ft. from a public right-of-way. In reviewing this request, it became apparent that the current Ordinance does not effectively allow beekeeping for residents with smaller lot sizes zoned for agriculture. In addition, some parcels may not be able to meet the setback requirements if the lot is not wide enough.
Upon receipt of this request, Community Services and Planning Departments met to discuss the possible reduction of the lot size and setbacks. Furthermore, staff reached out to Boris Baer, Professor at the Center for Integrative Bee Research (CIBER), which is part of the Department of Entomology at University of California, Riverside, for expert review and guidance on the new requested amendments. Professor Baer provided his overall support to reduce the lot size and setback requirements to safely accommodate beekeeping on smaller lot sizes in the A-1 Zones, which would allow those residents to apply for a beekeeping permit.
An updated ordinance has been prepared and includes recommended revisions to the Norco Municipal Code Chapter 5.36 "Apiaries" as follows:
• Reductions in the setback distance for beekeeping from fifty to twenty feet. • Reduction in parcel size from 21,780 sq. ft. to 19,999+ sq. ft. • Revised the permitted agricultural zones from A-1-10, A-1-20, A-1-40, and A-E to A-1, A-2 and AE zones.
• Clearly identifies up to three hives allowed on permitted locations. • Reduction of distance of beehive to water source from three hundred feet to one hundred fifty feet.
• Added requirement that entrance of hives must face away from the nearest adjacent dwelling and there shall be no obstacles blocking the flight pattern for ingress/egress of the hives.
Additionally, on Monday September 11, 2023, staff brought this draft Ordinance amendment to the Parks and Recreation Commission for review and feedback. The Parks and Recreation Commission recommended that the City Council approve the amendment of NMC Section 5.36 “Apiaries” with the proposed amendments.
Modifying the City's regulations (i.e. setbacks) for beekeeping without the need for a conditional use permit is similar to how the City regulates animal-keeping on lots within the same zoning designations. Lots in the A-1, A-2 and AE zones allow animal-keeping with setback regulations, but do not require approval of a conditional use permit.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #1, Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Ordinance No. 1105 Revised Beekeeping & Apiaries Ordinance
ORDINANCE NO. 1105
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 5 “BUSINESS LICENSES AND REGULATIONS” TO AMEND CHAPTER 5.36 “APIARIES”.
CODE AMENDMENT 2023-05
WHEREAS, the CITY OF NORCO, initiated Code Amendment 2023-05, to amend Norco Municipal Code (NMC) Chapter 5.36 “Apiaries” to address the definitions and rules related to, in part, safely promote beekeeping in the community on residential properties; and
WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which property notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on October 4, 2023, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ordain, determine, and order the NMC Chapter 5.36 “Apiaries” amended as follows:
SECTION 1
Chapter 5.36 APIARIES
5.36.010 Purpose.
5.36.020 Definitions.
5.36.030 Permit--Required.
5.36.040 Permit--Application--Issuance.
5.36.050 Permit--Application/Inspection fee.
5.36.060 Conditions and requirements for operating an apiary in city.
5.36.070 Permit--Revocation or suspension. 5.36.080 Violation--Penalties.
5.36.010 Purpose.
This chapter shall be known as the City of Norco beekeeping and apiaries ordinance. The State Legislature found in Food and Agricultural Code Section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State.
Food and Agricultural Code Section 29000 et seq., as well as California Code of Regulations Title 3, Food and Agriculture, Article 3, establish regulations for apiaries that Page 43 of 49 Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
are enforced by the Director of the State Department of Agriculture, California Department of Pesticide Regulation and county agricultural commissioners. This chapter establishes regulations intended to implement and supplement State regulations and ensure that beekeepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of Norco. (Ord. 1088 Sec. 1, 2022; Ord. 189 1, 1972)
5.36.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
A. “Apiary” means a place where bees are kept especially a collection of hives or colonies of bees kept for their honey;
B. “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or combs, or any other equipment which is used in the practice of apiculture;
C. “Bees” means honey producing insects of the genus Apies. It includes all life stages of such insects;
D. “City” means the city of Norco, California;
E. “Colony” means one hive and its contents, including bees, comb and appliances; F. “Comb” includes in its meaning all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax;
G. “Commissioner” means the Agricultural Commissioner of Riverside County; H. “Hive” means any receptacle, container, or part of any receptacle which is made or prepared for the use of bees, or which is inhabited by bees; I. “Honey” means the nectar of floral exudations of plants gathered and stored in the comb by honeybees. It is a levorotatory, contains not more than 20 percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is not less than one and four hundred twelve onethousandths, its weight not less than 11 pounds, 12 ounces per standard gallon of 231 cubic inches at 68 degrees Fahrenheit;
J. “Location” means any premises upon which an apiary is located or proposed to be located or found;
K. “Person” means an individual, or firm, or a partnership, or a joint venture, association or corporation. (Ord. 1088 Sec. 1, 2022; Ord. 189 2, 1972)
5.36.030 Permit—Required.
It is unlawful for any person to locate, keep, maintain or operate, hereinafter referred to as “operate” an apiary in the City, without first obtaining a permit from the Department of Community Services to do so. (Ord. 1088 Sec. 1, 2022; Ord. 189 3, 1972)
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
5.36.040 Permit—Application—Issuance.
Any person who proposes to operate an apiary within the City may make written application to the Community Services Department for a permit to do so by filing such with the Director of Community Services, or designated representative. The application shall be in such form and contain such information as the Director of Community Services, or designated representative, may require but shall include the following information:
A. Name and address of applicant;
B. Location and dimensions of premises on which applicant desires to operate an apiary;
C. Statement whether the proposed operation of the apiary by the applicant is for the production of honey or other bee products only for the use of the applicant and applicant’s family or for commercial purposes, including sale to members of the public, in which case the applicant must possess a current business license per Section 5.04.060; D. The location of the water supply to service the proposed apiary; E. A certified copy of a current valid certificate from the Riverside County Agricultural Commissioner for the proposed apiary and the identification number thereof. The serial number brand for any appliances issued to applicant by the County Agricultural Commissioner;
F. Tenants may not operate an apiary under any circumstance; G. Any other information as deemed necessary by the Community Services Director or its designee for issuance of permit.
After a properly completed application has been filed, the Director of Community Services, or designated representative, shall cause a prompt inspection to be made by Norco Animal Control Services of the proposed location of the apiary as stated in the permit application in order to verify the operation of the apiary can be conducted within the guidelines of the Municipal Code.
The Director of Community Services, or designated representative, shall issue a permit to the applicant to operate an apiary within the City of Norco, California, if it finds the proposed operation of the apiary will not be contrary to the public peace, health, safety and welfare of the City. (Ord. 1088 Sec. 1, 2022; Ord. 189 4, 1972)
5.36.050 Permit—Application/inspection fee.
The Community Services Department shall not accept an application for a permit to operate an apiary in the City until an application and inspection fee has been paid to Norco Animal Control Services for the purpose of defraying the expenses and costs of the City in processing the application and inspection of apiary. The application and inspection fee for an apiary shall be identified in the City’s fee schedule by Council resolution. (Ord. 1088 Sec. 1, 2022; Ord. 189 5, 1972)
5.36.060 Conditions and requirements for operating an apiary in city.
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
Any person who operates an apiary in the City pursuant to a valid permit issued therefor shall comply with the following conditions and requirements:
A. No colony or portion thereof shall be located less than twenty (20)fifty feet from an adjacent residence, apartment house, rooming house or any other type of residence property line; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than fifty (50)100 feet feet from a public right-of-way.
B. No colony or portion thereof shall be located less than 100 fifty (50) feet from a hospital, sanatorium, public eating place, school, church, office building, store, hotel, public building, public picnic area, park, playground, public horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than one hundredfifty (50) feet from a public right-of-way.
C. The number of colonies or portions thereof including hives shall be operated in the City in numbers which do not create a risk to public health. Permitted locations are allowed up to three (3) hives.
D. Every permit issued hereunder shall expire at the end of twelve consecutive months from the date of its issuance, at which time the permittee thereunder may apply for a renewal in accordance with all the procedures provided herein for application for a permit.
E. Every person maintaining an apiary on premises shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, the address and telephone number, or a statement that the owner has no phone. The sign shall be permanently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.
F. A person, having a valid permit from the City as issued hereunder, shall during the term of the permit transport hives of bees confined by screens in good repair or other equally effective means of confinement. Transportation of bee hivesbeehives should always be done responsibly so that it does not pose any public nuisance.
G. A permittee shall at all times during the term of the permit keep and maintain a plentiful supply of fresh water available at all times adjacent to the apiary or hives, which water supply shall not be further than 300 one-hundred and fifty (150) feet from any such apiary or hive to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. A beekeeper may not allow a water source to become stagnant or a mosquito breeding site.
H. Any persons operating an apiary shall be the owner and occupant of the property upon which the apiary is located. Page 46 of 49
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
I. The property that will contain the apiary must be over 19,999 21,780 square feet. The oOnly permitted lots within are in the an agricultural zoning: A-1-10, A-1-20, A-1-40, A-1, A-2 and AE (Agricultural, Agricultural Low Density, or Agricultural Estate Zones).
J. A City of Norco business license and County approval/clearance shall be maintained at all times for production of honey or other bee products for commercial purposes, including sale to members of the public.
K. No person shall willingly and knowingly keep aggressive and/or defensive bees.
Beekeepers should shall follow established protocols for responsible beekeeping and minimize swarming events of their hives as well as re-queen colonies that show elevated levels of aggression using managed gentle queens.
L. Beekeepers should shall monitor the health of their beehives and take adequate management action, for example in case of disease and parasite outbreaks or when colonies starve. (Ord. 1088 Sec. 1, 2022; Ord. 189 6, 1972) M. The entrance of the hive(s) must face away from the nearest adjacent dwelling(s) and there shall be no obstacles (vegetation, vehicles, solid walls, buildings) blocking the ingress/egress of the flight pattern.
5.36.070 Permit—Revocation or suspension.
Any apiary permit granted hereunder may be revoked or suspended for any period of time by the Director of Community Services for any of the following reasons:
A. Permittee’s violation of this chapter or the conditions imposed on the permit; or B. Permittee’s violation of any Federal, State or City law or ordinance.
The Community Services Department shall give permittee 72 hours’ written notice of the City’s intent to revoke or suspend. Said notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to permittee at the address stated on the application for the permit. Said notice shall state the grounds for the proposed revocation or suspension.
If the permittee wishes to appeal the revocation, the permittee must submit a request in writing to the City Clerk for a hearing for reconsideration by the City Manager. At the hearing the permittee shall have the opportunity to present to the City Manager any relevant evidence on the question of suspension or revocation prior to the City Manager’s decision thereon. The City Manager’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subsections (A) and (B) of this section do exist. (Ord. 1088 Sec. 1, 2022; Ord. 189 7, 1972)
5.36.080 Violation—Penalties.
Any person operating an apiary without a permit or permittee in noncompliance with the requirements listing within this chapter may be issued penalties or fines as outlined in Chapter 1.04—General Penalties. (Ord. 1088 Sec. 1, 2022)
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same to be posted or published within 15 days at no less than five public places within the City of Norco.
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 18, 2023.
_______________________
Robin Grundmeyer, 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 October 4, 2023, and thereafter at a regular meeting of said City Council duly held on October 18, 2023, 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 October 18, 2023. _______________________
Dana Roa, CMC, City Clerk
City of Norco, California