Agenda packet — Orange Cove City Council, November 9, 2022

CALIFORN
AGENDA

ORANGE COVE CITY COUNCIL
Victor P. Lopez, Mayor
Diana Guerra Silva, Mayor Pro Tem Josie Cervantes, Council Member Roy Rodriguez, Council Member Esperanza Rodriguez, Council Member WEDNESDAY, November 9, 2022 - 6:30 P.M.

LIVE MEETING

SENIOR CENTER
699 6th Street, Orange Cove, California 93646
Call to Order/Welcome
Roll Call
Invocation
Flag Salute
B. Confirmation of Agenda
C. Consent Calendar

1. City Council Minutes October 4, 2022
D. Administration
City Engineer

2. SUBJECT: City Engineers Report presented by Michael Giersch Recommendation: Informational Item

3. SUBJECT: Construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvement Project
Recommendation: Council to consider approving Resolution No. 2022-54 Awarding Bid for the Construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project to W.M.

Lyles Company
Police Department
SUBJECT: Monthly Activity Report by Chief of Police Marty Rivera Recommendation: Informational Item
Public Works:

5. SUBJECT: Monthly Activity Report by Director of Public Works, Joe Estrada Recommendation: Informational Item
Planning Department

6. SUBJECT: Monthly update report on City Projects Presented by City Planner Shun Patlan
Recommendation: Informational Item
Interim City Manager:

SUBJECT: PUBLIC HEARING: California Department of Housing and Community Development Department Permanent Local Housing Allocation Program and to solicit citizen input on the City's proposed five- year plan activities to be included in the application.

Recommendation: Council to approve Resolution No. 2022-56 Authorizing and adopting the Local Government Plan and certifying that the public had adequate opportunity to review and comment on the plan and Resolution No. 2022-57 authorizing Interim City Manager to execute the PLHA Program Application

8. SUBJECT: Cancel Regular Council Meetings due to Holidays Recommendation: Council to consider cancelling the regular City Council Meetings November 23, 2022 and December 28, 2022 due to the Holidays SUBJECT: Holiday Event Flyers
Recommendation: Council to discuss and review the Holiday Event Flyers for Thanksgiving and Christmas Program 2022

10. SUBJECT: Water Shutoff Protection Act
Recommendation: Informational Item
2 E. Public Forum
Members of the public wishing to address the City Council on an item that is not on the agenda may do so now. No action will be taken by the City Council this evening. But items presented may be referred to the City Manager for follow up and a report. In order to allow time for all comments, each individual is limited to three minutes. When addressing the Council, you are requested to come forward to the speaker's microphone, state your name and address, and then proceed with your comments.

F. City Manager's Report
G. City Attorney's Report
H. City Council Communications
Closed Session:

11. Conference with legal counsel- -anticipated litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (3 cases)

12. Conference with Labor Negotiators (Government Code Section 54957.6) a. City Designated Representative: Rudy Hernandez, Interim City Manager Employee Organization: International Union of Operating Engineers, Stationary Engineers, Local 39
J. Reconvene Council Meeting
K. Adjournment
ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext 214. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.

Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at front counter at City Hall and at the Orange Cove Library located at 815 Park Blvd., Orange Cove, CA during norma usiness hours. In addition, most documents are posted on Citv's website at cityoforangecove.com.

STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to 3 exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.

During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a ful opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.

GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:

1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.

2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak.

4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.

5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting.

ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
4 The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.

In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.

SHANG
IFOR

MINUTES

SPECIAL MEETING
Victor P. Lopez, Mayor
Diana Guerra Silva, Mayor Pro Tem Josie Cervantes, Council Member Roy Rodriguez, Council Member Esperanza Rodriguez, Council Member TUESDAY, OCTOBER 4, 2022 - 5:30 P.M.

SENIOR CENTER
699 6th Street, Orange Cove, California 93646

LIVE MEETING
A. Call to Order/Welcome
COUNCIL PRESENT: Mayor Victor P. Lopez
Mayor Pro Tem Diana Guerra Silva (left at 5:53 pm)
Councilmember Roy Rodriguez
Councilmember Josie Cervantes
Councilmember Esperanza Rodriguez
STAFF PRESENT: Financial Consultant/Interim City Manager Rudy Hernandez Chief of Police, Marty Rivera
Public Works Director, Joe Estrada
Director of Planning, Shun Patlan
City Clerk June V. Bracamontes
Invocation Mayor Pro Tem Silva
Flag Salute Mayor Lopez
B. Confirmation of Agenda
No Changes
C. Administration:

SUBJECT: Fresno-Madera Area Agency on Aging Contractual Services Recommendation: Council to approve the attached Resolution approving the contractual services with the Fresno-Madera Area Agency on Agency for the fiscal year 2022-23
Upon the motion by Councilwoman Cervantes and seconded by Councilman Rodriguez, Council approved the Resolution approving the contractual services with the Fresno- Madera Area Agency on Agency for the fiscal year 2022-23 as presented.

YES: Lopez, Silva, Rodriguez, Cervantes, Rodriguez
NO: None
ABSENT: None
ABSTAIN: None

2. SUBJECT: Discussion regarding the Up-Coming Holiday Events Recommendation: Council to review and discuss this issue and provide staff with direction
Council and Staff discussed the following Holiday Events.

Thanksgiving Event: Wednesday November 16th from 3pm-9pm located at the Orange Cove High School Gym. Mariachi and Food through Sysco.

David Lopez addressed the Council having the Church involvement; Knight of Columbus cook turkeys.

Mayor Lopez word with AC Market for the Turkeys
Interim City Manager Rudy Hernandez presented staff time $847.00 Mr. Joe Estrada Public Works Director discussed the Christmas Tree. Artificial Tree would cost approximately $30,000 and going through Reedley College cost would be a donation of $250.00. Refreshment and Hot Chocolate for the Tree Lighting Ceremony.

December 1, 2022 for Tree Lighting starting at 6:30 p.m.

December 3, 2022 Saturday starting at 6:30 p.m. and to reach out to Horacio Aleman for the State.

Christmas Toy Give Away budget $25,000, and labor cost $3,400.

Mr. Shun Patlan will be the direct contact person for all the holiday events. 2 Public Comments: Members of the public shall have an opportunity to address the Orange Cove City Council concerning the above-mentioned items).

Ms. Vicky Alvarado presented to Council that she would like to volunteer with the community holiday events with the applications.

D. Adjournment
Mayor Lopez adjourned the City Council Meeting at 6:10 p.m.

Respectfully Submitted:

June V. Bracamontes, City Clerk
City of Orange Cove
3 ENGINEER'S REPORT
TO: City Council
FROM: Michael Giersch, PE, Giersch and Associates, Inc.

SUBJECT: Projects Update
DATE: November 9, 2022
Status of work in progress.

1. Transition from the previous consultant is continuing but hampered by a lack of file transfers due to close out difficulties.

2. WWTP and RAS Pump Project.

Recommendation for award to WM Lyles is on the agenda.

3. EDA Park Boulevard Project.

Bids received October 26th. Emmett's Excavation, Inc. is the apparent low bidder.

Bids under review by staff and coordination with EDA is required before award.

Anticipate awarding the project at the December meeting.

4. City Hall Stairways and ADA access
Engineer is meeting with contractor on Monday morning to obtain quote for stair remediation. Three quotes will be obtained. Staff is reviewing the cost savings from installing a new chair lift versus the cost of a metal ramp system. The ramp also detracts from the historical look of the building.

5. J.O. Eaton Park
Project is out to bid with a bid date of November 16th.

6. EDC Contact for possible Grants
Contact has been made with Chris Seitz and a meeting will be scheduled with staff as soon as he is available.

7. Sequoia View Park
Awaiting file transfers and status of plans.

8. Drought Relief Grant
Johnson drilling has not started work yet due to equipment failures. Biweekly contact with DWR was made last week and the project scope is under review with City staff.

9. Additional projects are awaiting files and information transfer. Staff is coordinating with my office to get up to speed on all of the pending projects.

For the Meeting of November 9, 2022

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Michael Giersch, City Engineer
Subject: Adopt Resolution Awarding Bid for the Construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project
Attachments: Resolution No. 2022-54
RECOMMENDATION:

Staff recommends that the City Council adopts the attached Resolution awarding the construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project to W.M. Lyles Co. for a total base bid of $995,600.00. Staff recommends adding the Alternate Item 7 for a total bid of $1,096,100.00 and approving a 5% contingency of $54,800.00. The Resolution authorizes the Interim City Manager to sign the Agreement on behalf of the City of Orange Cove and to approve expenditures up to the contingency amount.

BACKGROUND:

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. This economic stimulus bill includes $350 billion in direct, flexible aid to states, territories, tribes, cities, and counties. These Funds must be spent by December 31, 2026.

On August 25, 2021, the City Council approved the American Rescue Plan Act (ARPA) Expenditure Plan as proposed by City staff, which designated $400,000 in ARPA funds for the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project (Project). On August 26, 2022, Staff solicited bids from eligible contractors for the construction of the Project. On October 5, 2022, a total of three bids were opened and read aloud at 2:00 pm., this being the advertised bid opening date and time. The lowest total base bid was submitted by W.M. Lyles Co. in the amount of $995,600.00.

Prepared by: Giersch and Associates Inc. Approved by: Michael Giersch REVIEW: City Manager: Finance: City Attorney: _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item — Matter Initiated by a Council Member
X Action Item Other
Department Report Continued to:

Redevelopment Agency
Staff has reviewed all bids and has determined that the bid submitted by W.M. Lyles Co. meets the requirements outlined in the construction documents. The Bid results are summarized in the table below.

Contractor Total Base Bid
W.M. Lyles Co. $995,600.00
GSE Construction Company Inc. $1,140,700.00
HPS Mechanical Inc. $1,438,251.00
The project will utilize $400,000 in ARPA funds and sewer impact fees. The Staff recommends including the Additive Alternative Item 7 of $100,500 for a Total Bid of $1,096,100. Staff also recommends using 5 percent of the total construction costs to create a contingency fund and authorize the Interim City Manager to approve additional expenditures up to the contingency amount of $54,800. The following table summarizes the total bid amount for the project, the amount designated for design engineering, construction engineering, construction, and the amount designated for contingency.

Item Total Cost
Total Bid with alternates $1,096,100.00
Design and Construction Engineering $156,250.00
Contingency $54,800.00
Total Project Cost $1,307,150.00
FISCAL IMPACT:

The total cost associated with the construction of this Project will be covered by the ARPA funds and Sewer Development Impact Fees.

CONFLICT OF INTEREST:

None.

RESOLUTION NO. 2022-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE

AWARDING BID FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT

PLANT SECONDARY CLARIFIER AND RAS PUMP STATION IMPROVEMENTS PROJECT TO W.M. LYLES CO. FOR $1,096,100.00, AUTHORIZING THE INTERIM CITY

MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF ORANGE

COVE, AND AUTHORIZE THE INTERIM CITY MANAGER TO APPROVE EXPENDITURES UP TO THE CONTINGENCY AMOUNT OF $54,800.00 WHEREAS, bids for the construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project were solicited from qualified contractors, opened on October 5, 2022 at the Orange Cove City Hall; and
WHEREAS, the lowest responsive and responsible base bid was submitted by W.M. Lyles Co. in the amount of $995,600.00; and
WHEREAS, the city has elected to select the Additive Alternate Item 7 in the amount of $100,500.00; and
WHEREAS, an amount of $54,800.00 shall be used to create a contingency fund that will be used to pay for any unforeseen expenditures accrued during construction of the Project.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orange Cove, California, as follows:

1. The above recitals are true and correct and are adopted as the findings of the City Council.

2. Upon the recommendation of the City Engineer, the bid for the construction of the Wastewater Treatment Plant Secondary Clarifier and RAS Pump Station Improvements Project is hereby awarded to W.M. Lyles Co. in the amount of One Million Ninety Six Thousand One Hundred Dollars and No Cents ($1,096,100.00).

3. The Interim City Manager is authorized to sign an Agreement with W.M. Lyles Co. on behalf of the City of Orange Cove.

4. The Interim City Manager is authorized to approve additional expenditures up to the contingency amount of Fifty-Four Thousand Eight Hundred Dollars and No Cents ($54,800.00).

5. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

6. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

This resolution was adopted at a Regular Meeting of the City Council of the City of Orange Cove held on November 9, 2022, by the following vote:
1 AYES:

NOES:

ABSENT:

ABSTAIN:

Victor P. Lopez, Mayor
ATTEST:

June Bracamontes, City Clerk
2 POLICE DEPARTMENT MONTHLY REPORT
November 9, 2022
Staff levels..... Officer Deleon left the department. Officer Cazares is going through the FTO Training. Officer Montemayor had shoulder surgery and is expected to be off until approximately May. The female we had in the academy was forced to stop due to poor grades.

Officer Martinez is having lots of problems. We will either extend his probation or terminate him. Officer Diaz took DeLeon's position. We hired a new animal control officer Anahi Reyes.

Very few people are applying for officer jobs here. We offer low salaries compared to other cities. The average top step officer pay is $3.59 per hour less than other departments.

Animal Shelter.... See report. Still waiting for public works to clean the shelter on weekends.

All city workers completed training so they could work at the shelter. City manager is talking to SEIU so that they can start helping on weekends. Hope to get an answer soon.

Flashing Speed Signs...Still waiting for some of the parts.

Fire Department District Open House......Eddie and his crew had an open house on October 13'h.

Showing equipment. The police department was also involved and had FSO show some equipment used by SWAT. Bearcat and truck used with robot.

Coffee with a Cop..... Was held on October 19* at Cabanas. Eight to ten people arrived. Few had questions answered and we provided other information. Plan to have the next one this month possibly with one of the churches.

Bicycle Repair and food.... Cross City Church from Fresno came on Saturday October 22nd. They provided hamburgers, hot dogs and chips to anyone that wanted it. They fixed 41 bicycles and left a few used bikes. They were grateful for the money the city provided. It will be used to purchase more parts.

They also plan to give us some new bicycles to be given away for X-mas.

Halloween...The fire department had a small, haunted house at the fire department. They as well as the PD handed out candy to many kids that came. The PD also had candy in the patrol cars to hand out.

ORANGE COVE ANIMAL CONTROL

STATISTICAL ACTIVITY REPORT
Marty Rivera
Chief of Police
MONTH: October OFFICER: R. DIAZ
BITE REPORTS 1 Dog V. Pedestrian
PRIOR MONTH STRAYS 2 from prior month
STRAY DOGS 10 Picked up in October
EUTHANIZED DOGS 2 in October

ADOPTED DOGS
RESCUED DOGS 1 in October
INJURED STRAY DOGS 1 injured dog taken to Pet ER
ANIMAL CRUELTY 0

INVESTIGATIONS
RELEASED DOGS TO 4 in October
OWNER

CITATIONS ISSUED
QUARANTINED DOGS 110 day quarantine

OTHER ANIMAL
MISC
DOGS IN SHELTER 5 in shelter
NOTES
Date: November 9, 2022
To: Mayor and City Council
From: Rudy Hernandez, Interim City Manager
Subject: Resolutions Authorizing Submittal of Permanent Local Housing Allocation (PLHA) Funding Application, Authorizing, Adopting Local government Plan, and certifying that the public had adequate opportunity to review and comment on the Plan.

Attachments: Resolutions 2022-56 and 2022-57
BACKGROUND:

The California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 in addition to the $131 million in remaining calendar year 2019 and Calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) program for Entitlement and Non-entitlement Local governments. The NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) annually.

Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorized the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their communities.

For the 2022 fiscal year, the Department will issue two separate NOFAs to award the (PLHA) funds:
1) Entitlement and Non-entitlement Local government formula component NOFA; and 2) Non-entitlement Local government competitive component NOFA (anticipated in August 2020)
The Entitlement and Non-entitlement formula allocation NOFA outlines threshold and application requirements, as well as defines the method in which funds will be distributed for Entitlement and Non- entitlement Local governments. Ninety percent of the money will be allocated based on the formula used under Federal law to allocate CDBG funds within California, as specified in Title 42 United States Code (USC), Section 5306 and will be distributed to Entitlement Local governments and Non-entitlements local governments via a competitive grant program. Non-entitlement Local government allocations come from ten percent of the moneys available and allocated equitably among Non-entitlement local governments.

Allocations are distributed on an annual basis in response to an application defining the eligible planned use of funds for five years.

Eligible activities include:
1) Predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential live work, rental housing that is affordable to extremely low., very low-, or moderate income households, including necessary operating subsidies. 2) Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High- cost areas, ADU's shall be available for occupancy for a term of no less than 30 days. 3) Matching portions of funds into local or regional housing trust fund. 4) Matching portions of funds available through the Low- and Moderate Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Capitalize reserves for Services connected to the preservation and creation of new permanent supportive housing.

Assist persons experiencing or At risk of homelessness, including, but no limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, opcrating and capital costs for navigation centers and emergency shelters, and the new construction, rebabilitation, and preservation of permeant and transitional housing.

Accessibility modifications in Lower-income Owner-occupied housing.

Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

Homeownership opportunities, including, but not limited to, down payment assistance.

Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects or matching funds invested by the county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project.

PLAN: The proposed plan must describe the manner in which the allocated funds will be used for eligible activities. Describe the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60% of AMI. Describe how the Plan is consistent with programs set forth in the City's Housing Element. Be authorized and approved by resolution, and ensuring the public had adequate opportunity to review and comment on the contents of the Plan. The annual allocation for the City of Orange Cove is $101,345 for a five-year total of $608,076.

The City of Orange Cove proposed five-year plan activities are:
1) Provide financing to households to assist low-income homebuyers with closing costs and interest rate buy down assistance to achieve affordability. 2) Five percent of each annual allocation can be used to cover administrative cost associated with the administration of the plan. Staffing and overhead cost related to carrying out the eligible activities are "activity costs" not subject to the cap on "administrative cost." The palesting award oute ebruary 2am are due by 5:00 PM on November 30, 2022. Department RECOMMENDATION:
1) Approval of Resolution No. 2022-56 authorizing and adopting the Local government Plan and certifying that the public had adequate opportunity to review and comment on the Plan. 2) Approval of Resolution No. 2022-57 authorizing the Interim City Manager to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate FISCAL IMPACT:

The cost for preparation of the CDBG application by Self-Help Enterprises is $2,500.

Prepared by Rudy Hernandez
REVIEW: City Manager: J Finance:_ Cily Attorney: _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:

Redevelopment Agency
RESOLUTION NO. 2022-56

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE COVE AUTHORIZING THE

APPLICATION AND ADOPTING THE PLHA PLAN

FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
The City Council of the City of Orange Cove, a non-entitlement jurisdiction, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $335 million under the SB • Permanent Local Housing Allocation Program Formula Component from th uilding Homes and Jobs Trust Fund for assistance to Cities and Counties (a described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

C. WHEREAS, The City of Orange Cove is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA fomula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLA grant recipients.

NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA August 17, 2022 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

Resolution No. Page 2

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant's PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines

5. Applicant certifies that it was delegated by Orange Cove City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that it has or will subgrant some or all its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated • in Guidelines Section 302(c)(6)(A),(B) and (C).

10. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shail be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager, or his/her designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem The foregoing resolution is hereby adopted the 9' day of November 2022.

AYES:

ABSTENTIONS:

NOES:

ABSENT:

APPROVED:

Resolution No. Page 3
, MAYOR

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Orange Cove does hereby attest and certify that rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
, CITY CLERK

CITY OF ORANGE COVE

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of Orange Cove will conduct a public hearing on November 9, 2022 at 6pm, at the Orange Cove City Council Chambers located at 633 Sixth Street, Orange Cove, CA 93646, in order to discuss an applications for funding under the California Department of Housing and Community Development Department Permanent Local Housing Allocation Program and to solicit citizen input on the City's proposed five-year plan activities to be included

PUBLIC HEARING
DATE: November 9, 2022
TIME: 6:30 p.m.

PLACE: Orange Cove City Council Chambers
633 Sixth Street, Orange Cove, CA 93646
The $195 million in Permanent Local Housing Allocation (PLHA) was published in a "Notice of Funding Availability" (NOFA) August 17, 2022. Entitlement and Non-entitlement local governments are eligible for a predefined formula allocation as defined in the 2022 NOFA. The City of Orange Cove's annual allocation is set at $101,345 for a five-year total of $608,076.

The PLHA NOFA is a noncompetitive application that must be used to carry out one or more eligible activities that with prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI, and are consistent with the program set forth in the local goverments Housing Element. Local governments must a five-year plan identifying the proposed activities and the percentage for funding that will be allocated to each, the number of households to be served at each income level, the period of affordability and level of affordability for each activity.

ELIGBLE ACTIVITIES UNDER THE ABOVE ALLOCATION IN THE 2020 NOFA CONSIST OF: PREDEVELOPMENT,

DEVELOPMENT, ACQUISITION, REHABILITATION AND PRESERVATION OF MULTIFAMILY, RESIDENTIAL LIVE-

WORK, RENTAL HOUSING THAT IS AFFORDABLE TO EXTREMELY LOW-, VERY LOW-, OR MODERATE-INCOME HOUSEHOLDS, INCLUDING NECESSARY OPERATING SUBSIDIES;_ PREDEVELOPMENT, DEVELOPMENT,

ACQUISITION, REHABILITATION, AND PRESERVATION OF AFFORDABLE RENTAL AND OWNERSHIP HOUSING

INCLUDING ACCESSORY DWELLING UNITS, MATCH PORTIONS OF FUNDS INTO LOCAL OR REGIONAL HOUSING TRUST FUND, AND/OR LOW- AND MODERATE HOUSING ASSET FUND; CAPITALIZE RESERVES FOR SERVICES CONNECTED TO THE PRESERVATION AND CREATION OF NEW PERMANENT SUPPORTIVE HOUSING; ASSIST PERSONS EXPERIENCING OR AT RISK OF HOMELESSNESS; ACCESIBILITY MODIFICATIONS IN LOWER-INCOME OWNER-OCCUPIED HOUSING; EFFORTS TO ACQUIRE AND REHABILITATE FORECLOSED OR VACANT HOMES AND APARTMENTS; HOMEOWNERSHIP OPPORTUNITIES; AND FISCAL INCENTIVES MADE BY A COUNTY TO A CITY WITHIN THE COUNTY TO INCENTIVIZE APPROVAL OF ONE OR MORE AFFORDABLE HOUSING PROJECTS. year alocation or 600%. The pean winie unding prided in a n a lit us ear more on., ring wil be used to support and enourage the development of accessory ameling Unis der he City Coal once, Program, which is currently under development.

The purpose of this public hearing is to give the public an opportunity to make their comments known regarding what types of eligible activities the City of Orange Cove should include in the PLHA five-year plan and to discuss and approve the proposed plan and application prior to submittal to the State.

If you require special accommodations to participate in the public hearing, please contact Rudy Hernandez, Interim City Manager, City of Orange Cove, 633 Sixth Street., Orange Cove, CA 93646, or you may telephone (559) 626-4488. In addition, the proposed plan is available for review at the above address between the hours of 8:00 a.m. and 5:00 p.m. on Monday - It you are unable to attend the public hearing, you may direct written comments to the City of Orange Cove, 633 Sixth street., Orange Cove, CA 93646, or you may telephone Rudy Hernandez (559) 626-4488. In addition, information is available for review at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday - Friday.

The City of Orange Cove promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status or handicap.

Publish: October 30, 2022 in the Hanford Sentinel
RESOLUTION NO. 2022-56

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE COVE AUTHORIZING THE

APPLICATION AND ADOPTING THE PLHA PLAN

FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
The City Council of the City of Orange Cove, a non-entitlement jurisdiction, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $335 million under the SB Permanent Local Housing Allocation Program Formula Component trom th uilding Homes and Jobs Trust Fund for assistance to Cities and Counties (a described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS, The City of Orange Cove is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

Resolution No. Page 2

5. Applicant certifies that it was delegated by Orange Cove City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(C) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, it funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

The foregoing resolution is hereby adopted the gth day of November 2022.

AYES:

ABSTENTIONS:

NOES:

ABSENT:

APPROVED:

Resolution No. Page 3
, MAYOR

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of does hereby
attest and certify that the Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the _which was duly convened and held on the
date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
, CITY CLERK

CITY OF ORANGE COVE

HOLIDAY EVENTS PROPOSED SCHEDULE
NOVEMBER - DECEMBER 2022
1 THANKSGIVING DINNER: A. DATE: Wednesday, November 16, 2022 TIME: 3:00 p.m. -9:00 p.m.

B. Location: Orange Cove High School Gymnasium
C. Entertainment: Mariachi (Contract Signed)
D. Food - The city will buy food from CISCO who will deliver it to the high schoo The high school staff will cook 16 turkeys and the other 9 turkeys will be cooked b knights of columbus. The City will buy 24 hams and council member Hope Rodriguez will seek seek a donation for a ham from a grocery store.

E. Cooks/Volunteers - Orange Cove High School Students and the Boys/Girls Club will serve as volunteers. Set up will be at 3:30 P.M. and breakdown will be at 9:00 F. Transportation - The Committee is working on providing transportation to our Senior Citizens to attend the thansgiving dinner. If this cannot be done, delivery services will be provided by our volunteers.
2 CHRISTMAS TREE LIGHTING CEREMONY: A. Thursday December 1, 2022 at 5:30 P.M.

B. Joe Estrada/Shun Patlan will pick up the christmas tree on Friday November 4, 2022
B. Refreshments - Chocolate/Pastries
C. Other - christmas tree will be decorated.
3 CHRISTMAS PARADE: A. Saturday December 3, 2022. Will start between 6 - 6:30 P.M.

B. Parade Entry Form - Applications sent to schools and businesses. June has already received some applications.

C. Other - Committee is currently looking for Grand Marshall. 4 CHRISTMAS TOY GIVE AWAY PROGRAM: A. Saturday December 17, 2022 from 11:00 A.M. to 3:00 P.M.

B. Applications will start on Monday November 14, 2022 thru Friday December 2, 2022 (No Extensions). Applications will be taken at the Senior Citizens Building.

C. City staff will Buy Gifts and Distribute them.

D. Volunteers: Boys/Girls Club and others who wish to volunteer their time.

E. Police Chief Marty Rivera stated that the City will receive a donation of bikes.

Distribution will be done on a raffle basis.

F. Committee looking for a Santa Claus.

CITY OF ORANGE COVE

THANKSGIVING DINNER
Happy
Thanksgiving

WEDNESDAY
NOVEMBER 16, 2022
TIME: 3:30 PM - 9:00 PM
range Cove High School Gymnasium
MARIACHI "ALAS DEJALISCO»
5:00 PM-8:00 PM
• You are invited to our

CHRISTMAS TREE

LIGHTING CEREMONY
Thursday December 1, 2022 at 5:30 PM.

Location: will beats St and Park Blvd.,

PAN DULCE AND HOT

CHOCOLATE WILL BE
- SERVED...

CHRISTMAS PARADE
Please join us for our
community CHRISTMAS
PARADE to celebrate the
season.
•
***
Date: Dec 3rd, 2022
Between 6:00 PII & 6:30 PM
Begins on 12th St.

Across from Park Blvd.

Christmas Toy Program.

The City of Orange Cove will be taking
applications for the Annual Toy Giveaway.

Location: Senior Center
699 6th St. Orange Cove, CA 93646
November 14th, 2022 - December 2nd, 2022
Applications taken Monday - Friday
from 2:00 PM -6:00 PM
V
Drive by Pick Up Location:

Orange Cove Community Center
(Victor P. Lopez)
December 17', 2022 from 11:00 AM - 3:00 PM
CAL,
2 AL
Date: November 9, 2022
To: Mayor and City Council
From: Rudy Hernandez, Interim City Manager
Subject: Water Shutoff Protection Act
Attachments: Water Shutoff Protection Act - October 26, 2022 BACKGROUND:

In 2019, the Legislature adopted Senate Bill 998, the Water Shutoff Protection Act (Health and Safety Code Sections 116900 et. Seq., increasing protections for residents facing termination of water service due to non-payment. In enacting these protections, the Legisiature recognized that water debt and residential water shutoffs threaten human health and well being and have disproportionate impact on infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions. Listed below are key features of the Water Shutoff Protection Act:

NO WATER SHUTOFFS UNLESS AT LEAST 60-DAYS DELINQUEST
• Under the Act, an urban and community water system cannot discontinue service until a payment by a customer has been delinquent for at least 60 days. • If service is discontinued for nonpayment, the water system is required to provide information about how to restore residential services.
• The act also prohibits water shutoffs for residents who meet certain health and inancial requirements and who are willing to make alternative payments Reconnection fees are limited by the Act for residents with income below 200% of th federal poverty level and those residents are entitled to a waiver of interest charges on • delinquent bills once every 12 months.

WRITTEN POLICY REQUIRED:

The Act requires every urban and community water systems to have a written policy on discontinuation of residential water service for nonpayment. The policy shall include all the following:
• A plan for deferred or reduced payments.
• Alternative payment schedules
• A formal mechanism for a customer to contest or appeal a bill, and • A telephone number for a customer to discuss options to avoid discontinuation of service due to nonpayment.

RECOMMENDATION:

For Information Only.

FISCAL IMPACT:

To be determined.

Prepared by Rudy Hernandez
REVIEW: City Manager: Finance:

TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info ltem Matter Initiated by a Council Member
-
Action Item Other
-- -
Department Report Continued to:

Redevelopment Agency
California Department of Justice
OFFICE OF Legal Alert

THE ATTORNEY GENERAL
Subject: Contact for information:

No.

OAG-2022-04
The Water Shutoff Protection Act Date: [email protected]
October 26,
2022
TO: All Urban and Community Water Systems
The Office of the California Attorney General issues this legal alert to remind all water systems of the requirements of the Water Shutoff Protection Act.

In 2019, the Legislature adopted Senate Bill 998, the Water Shutoff Protection Act (the Act), Health and Safety Code Sections 116900 et. seq., increasing protections for residents facing termination of water service due to non-payment.' In enacting these protections, the Legislature recognized that water debt and residential water shutoffs threaten human health and well-being and "have disproportionate impact on infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life- threatening medical conditions." (Sen. Bill. 998 (2017-2018 Reg. Sess.) §1, subd. (c).) Although covered water systems were required to comply with the Act beginning in 2020, Governor Newsom issued Executive Order N-42-20 on April 2, 2020 due to the COVID-19 emergency, which temporarily prohibited the discontinuation of residential service for non-payment of a water bill. The COVID-19 emergency moratorium on residential water shutoffs expired in January 2022. The provisions of the Water Shutoff Protection Act remain in effect.

The Act applies to each "urban and community water system," which it defines as "a public water system that supplies water to more than 200 service connections." (§116902, subd. (d).) The Act applies only to the discontinuation of residential water service for nonpayment. (S8116906, subd. (a); 116902, subd. (c).) The Act does not apply to terminations due to an unauthorized action by a customer. (§116926.) The Act has several new requirements for termination of water service due to nonpayment, discussed below.

Urban and community water systems should immediately cease all water shutoffs that do not comply with the Act. Water systems that have not yet adopted compliant policies and made them available to the public must do so immediately. The State Water Resources Control Board and the California Public Utilities Commission have authority to issue citations with monetary penalties to non-compliant water systems. The Attorney General and the California Public Utilities Commission can enforce the Act by seeking a temporary or permanent injunction against non-compliant water systems. 1 All statutory references are to the Health and Safety Code,

Page 1 of 3 ends

No Water Shutoffs Unless At Least 60-Days Delinquent
• Under the Act, an urban and community water system cannot discontinue service until a payment by a customer has been delinquent for at least 60 days. (§116908, subd. (a) (1)(A).) • If service is discontinued for nonpayment, the water system is required to provide information about how to restore residential service. (§116912.)
• The Act also prohibits water shutoffs for residents who meet certain health and financial requirements and who are willing to make alternative payments. (§116910.) • Reconnection fees are limited by the Act for residents with income below 200 percent of the federal poverty level and those residents are entitled to a waiver of interest charges on delinquent bills once every 12 months. (§116914.)
Written Policy Required
The Act requires every urban and community water system to have a written policy on discontinuation of residential water service for nonpayment. The policy shall include all of the following:
(1) a plan for deferred or reduced payments;
(2) alternative payment schedules;
(3) a formal mechanism for a customer to contest or appeal a bill; and (4) a telephone number for a customer to discuss options to avoid discontinuation of service due to nonpayment. (§116906, subd. (a).)
This policy shall be available on a website if the provider has one, (§116906, subd. (b).) The policy shall be available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean and any other language spoken by at least 10 percent of the people residing in the service area. (§116906, subd. (a); Civil Code, §1632.) If the water system does not have a website, the policy shall be provided to the customer upon request. (§116906, subd. (b).)
Telephone or Written Notification Requirements
The Act also addresses the notice which must be provided to the person listed on the water bill and provides notification protections for tenants, including:
• Notice must be provided to the person listed on the water bill at least 7 business days before the possible termination of service. (§116908, subd. (a)(1)(B).) • If the customer's address is not the address of the property where water service is provided, notice must also be mailed to the property address, addressed to "Occupant." • If the water system is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned as undeliverable, the water system is required to make a good faith effort to visit the residence and leave or make arrangements for placement in a conspicuous place a notice of imminent discontinuation for nonpayment and the system's discontinuation policy. (§116908, subd. (a)(2).) • The notice must include the following: customer's name and address; amount of delinquency; date by which payment or arrangement for payment is required to avoid discontinuation of service; description of the process to apply for an extension of time to pay the delinquent charges; description of the procedure to petition for bill review and appeal; and description of

Page 2 of 3 ends

the procedure by which the customer can request a deferred, reduced, amortized or alternative payment schedule. (§116908, subd. (a)(1)(C).)
• Tenants of individually metered residences must be notified in writing that they have the right to become customers to whom water service will be billed without having to pay any of the delinquent amounts. (§116916, subd. (b).)
If an appeal is filed by "an adult at the residence," a covered water system cannot terminate service while the appeal is pending. (§116908, subd. (b).)
Annual Reporting
An urban and community water system (as defined in the Act) is required to report annually to the State Water Resources Control Board on water shutoffs due to inability to pay and post the information on its website if it has one.

FAQ
As an additional resource, in 2020, the State Water Resources Control Board issued an FAQ regarding the Act.

Page 3 of 3 ends

Orange Cove City CouncilNovember 9, 2022

Orange Cove City Council
November 9, 2022