LIFORNIA
ORANGE COVE CITY COUNCIL AGENDA
Diana Guerra Silva, Mayor
Gilbert Garcia, Mayor Pro Tem
Josie Cervantes, Council Member
Esperanza Rodriguez, Council Member
Maria Vacio, Council Member
WEDNESDAY, JANUARY 11, 2023 - 6:30 P.M.
SENIOR CENTER
699 fth Street, Orange Cove, California 93646
LIVE MEETING
AND
TELECONFERENCE
(720)740-9780
A. Call to Order/Welcome
Roll Call
Invocation
Flag Salute
B. Confirmation of Agenda
D. Consent Calendar
Resolution No. 2023-01 Appointment to Office of City Councilmembers Maria Vacio
2. Resolution No. 2023-02 Resolution regarding Teleconference Council Meeting
1 E. Administration
City Engineer
SUBJECT: Monthly update report on City Projects Presented by City Engineer Michael Giersch
Recommendation: Informational item Only
Chief of Police:
SUBJECT: Monthly Activity Report by Police Chief Marty Rivera Recommendation: Informational Item Only
Public Works Department
SUBJECT: Monthly update report on Public Works Department by Interim Public Works Director Joe Estrada
Recommendation: Informational Item Only
6. SUBJECT: Approval of Water Shut Off 48-hour notice Doorhangers Recommendation: Council to consider approving the Water Shut Off 48-hour notice Doorhanger fee
7. SUBJECT: Discussion and Approval of Rehabilitation Repairs at Community Center
Recommendation: Council to approve the Informational Item Only Rehabilitation Repairs at Community Center
Planning Department
SUBJECT: Monthly update report on City Projects Presented by Planner Shun Patlan
Recommendation: Informational Item Only
SUBJECT: Purchase Agreement for Purchaser Universal Properties 6.5 acres of city owned land
Recommendation: Council to consider approving Resolution No. 2023-05 Approving Purchase Agreement for Purchaser Universal Properties for the purchase of (6.5) acres of city owned land and authorize City Manager to Execute the Agreement
2 Orange Cove Fire Protection District
10. SUBJECT: Monthly update report by the Orange Cove Fire Protection District Recommendation: Informational Item Only
Interim City Manager:
11. SUBJECT: Financial Update
Recommendation: Informational Item Only
12. SUBJECT: Amendment to Section 3.04(B)(2) regarding possessing weapons on property owned or leased by the City.
Recommendation: Staff recommends that the City Council approve Resolution No. 2023-04 the amendment to Section 3.04(B)(2) regarding possessing weapons on property owned or leased by the City.
13. SUBJECT: An Ordinance Amending the Municipal Code of the City of Orange Cove to Add Chapter 8.80 to Title 8 Pertaining to Weapons on City Property.
Recommendation: Council to approve the introduction and first reading of Ordinance No. 393 Amending the Municipal Code of the City of Orange Cove to Add Chapter 8.80 to Title 8 Pertaining to Weapons on City Property.
14. SUBJECT: Discussion regarding New Mayor and Councilmembers Welcome Reception in the City of Orange Cove
Recommendation: City Council to provide staff with direction
15. SUBJECT: Archie Tovar regarding Parks and Recreation Recommendation: Council give Staff direction
16. SUBJECT: Discussion regarding Easter and Cinco De Mayo Events in the City of Orange Cove
Recommendation: City Council to provide staff with direction
17. SUBJECT: Discussion regarding Measure O Parcel Tax and Upcoming Election
Recommendation: Informational Item Only
3 Mayor and Council
18. SUBJECT: League of California Cities New Mayor and Council Conference January 18-20, 2023 in Sacramento
Recommendation: Informational Item Only
Council and Successor Agency
19. SUBJECT: Recognized Obligation Payment Schedule 23-24 for the July 1, 2023 through June 30, 2024 period and Administrative Budget for Fiscal Year 2023-24
Recommendation: Adopt Resolution No. SA 2023-01 Approving the Successor Agency's Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2023-24
20. SUBJECT: Consideration of Proposals for Fiscal Years 2023-24 through 2025- 26 Successor Agency and Housing Successor Consulting Services by RSG, Inc.
Recommendation: Council and Successor Agency to approve the following Resolutions:
(a) Adopt Resolution No. SA 2023-02 Approving a Contract with RSG, Inc. to Provide Consulting Services to the Successor Agency for Fiscal Years 2023-24 through 2025-26
(b) Adopt Resolution No. 2023-03 Approving a Contract with RSG, Inc. to Provide Consulting Services to the Housing Successor for Fiscal Years 2023-24 through 2025-26
F. 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.
G. City Manager's Report
H. City Attorney's Report
City Council Communications
4 Closed Session:
21. Performance Evaluation pursuant to Government Code Section 54957 - Title: City Engineer
22. S4557 a Tele: interin City sanage Govemment Code Section
23. Conference with legal counsel-anticipated litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) - (2 cases).
24. 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
K. Reconvene Council Meeting
L. 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 normal business hours. In addition, most documents are posted on City'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 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 full 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.
5 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, (ii) 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.
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 6 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.
RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE COVE PROVIDING FOR THE APPOINTMENT
TO OFFICE OF CITY COUNCIL MEMBERS
WHEREAS, Section 10229 of the Elections Code of the State of California allows certain actions that can be taken in the alternative including, but not limited to, appointing to the office the person who has been nominated for the respective offices: and WHEREAS, such appointment will result in substantial savings by eliminating the cost of holding an election for the offices of Council Members for which only one person has been nominated for each such office.
NOW, THEREFORE, BE IT HEREBY FOUND, DETERMINED, AND ORDERED AS FOLLOWS:
Pursuant to Section 10229 of the Elections Code of the State of California, the following person(s) nominated for the office of City Council Member for the City of Orange Cove, State of California, be, and are hereby appointed to the office of City Council Member for the term commencing on the Tuesday following the General Election date of November 8, 2022. The nominated person(s) hereby appointed to fill the term commencing after the General Election date of November 8, 2022 is as effective December 14, 2022 as follows:
Maria Vacio 2022-2024
1, HEREBY CERTIFY that the foregoing appointment of Maria Vacio to City Council Member was passed and adopted by the City Council of the City of Orange Cove, California, at a regular meeting thereof held on January 11, 2023 by the following vote:
AYES
NOES
ABSTAIN
ABSENT
1 ATTEST:
JUNE BRACAMONTES
City Clerk
2 RESOLUTION 2023-02
A RESOLUTION OF THE CITY COUNCIL OF CITY OF ORANGE COVE, CALIFORNIA
PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ORANGE COVE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3).
WHEREAS, the City of Orange Cove is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City of Orange Cove's legislative bodies are open and public, as required by the Ralph M. Brown Act, so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City of Orange Cove, specifically, Governor Gavin Newsom declared a state of emergency regarding the COVID-19 pandemic on March 4, 2020, which is still in effect; and
WHEREAS, state and local officials have imposed and recommended social distancing measures in the City of Orange Cove, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Orange Cove shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
******
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orange Cove hereby resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency now exists throughout the City, and local and state orders impose and recommenc social distancing in the City of Orange Cove, and with the COVID-19 pandemic still surgin meeting in person would present imminent risk to health and safety of attendees.
Section 3. Ratification of Governor's Proclamation of a State of Emergency. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
Section 4. Remote Teleconference Meetings. The staff and legislative bodies of the City of Orange Cove are hereby authorized and directed to take all actions necessary to carry out the ator and pipe on thin Rese sion sie ander appeale provisions ree Brown Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the adoption of this Resolution; or (i) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Orange Cove may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED, ADOPTED AND APPROVED this 11th day of January 11, 2023.
Diana Guerra Silva, Mayor
City of Orange Cove
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
June V. Bracamontes, City Clerk
City of Orange Cove
ENGINEER'S REPORT
TO: City Council
FROM: Michael Giersch, PE, Giersch and Associates, Inc.
SUBJECT: Projects Update
DATE: January 11, 2023
Status of work in progress.
1. Transition with existing projects continuing.
WWTP and RAS Pump Project.
Agreement with WM Lyles signed. Bonds and insurance received. The pre- construction conference will be scheduled for mid-January, followed by a notice to proceed.
3. EDA Park Boulevard Project.
Working with EDA to resolve some issues before the project can be awarded.
Emmett's Excavation has agreed to the minor delay in awarding the project.
Anticipate awarding the project in late January 2023.
4. City Hall Stairways and ADA access
Engineer has met with contractor and obtained quote to fix front stairs. The existing chair lift was repaired and can be used temporarily for ADA access. The stairs are also missing hand rails conforming to current code requirements. Three quotes will be obtained. Staff has reviewed 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. Staff would like council to consider a new chair lift to be installed in the front of the building instead of the back and reduce the width of one side of the current stairs. A design and quote will be presented at a later meeting.
J.O. Eaton Park
Project has numerous deficiencies in the plans and specifications pointed out to the City staff by contractors who submitted multiple requests for information. Staff delayed bidding by addendum. Meeting with Public Works and Parks Director resulted in several changes needed before it can proceed to bidding. Bid will need to be delayed until the end of January to allow for design corrections.
Sequoia View Park
Awaiting file transfers and status of plans. A new boundary for the park has been established to accommodate the sale of 8 acres for commercial development east of the park.
1 7. Drought Relief Grant
Johnson drilling has not started work yet due to a delay in moving the drill rig from a current test location. Biweekly contact with DWR was made last week and the project scope is under review with City staff. The City has requested a 90 day extension from the land owner to allow for the completion of the test well and water analysis before the purchase is finalized.
8. Community Center Renovation
The roofing has been repaired. The HVAC 28 ton has been delivered to the contractor. Weather conditions have delayed the installation until the 6th of January. A contractor has been contacted by public works to inspect the facilities for required repairs and a quote has been obtained. The Public Works Director will have move details.
9. Macias Tract 6289
The final map has been reviewed and requires some corrections and resubmittal.
The improvement plans have been red lined with minor corrections and will require resubmittal. A meeting with Alta Irrigation district is being coordinated to confirm the disposal of storm water for this development and the existing regional storm pond.
10. CMAQ Alley Project
Caltrans just supplied us with documentation for this project and a copy of the plans and specifications. Staff will be reviewing this project to make sure everything is complete before it is put out for bids.
11. Sheridan Park Renovation
Project information has recently been obtained and the scope of work is under review. Public Works, Parks and Engineering will coordinate on improvements to be constructed.
12. WWTP Monitoring Wells
A draft report from Dr. Ken Schmidt has been received and is under review before it is submitted to the state.
13. Land Sales
Deeds and exhibit maps have been prepared for the two City properties proposed for sale.
14. 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. 2 POLICE DEPARTMENT MONTHLY REPORT
January 11,2023
Staff levels..... Officer Cazares is almost finished with FTO Training.
Officer Montemayor had shoulder surgery and is expected to be off until approximately May.
Officer Martinez is struggling. Still working with him hoping he improves.
Officer Aguilar is still off is being referred to a therapist.
Shooting report not expected for several weeks or months.
Animal Shelter.... See report.
Flashing Speed Signs...Public works will have to put them up.
Coffee with a Cop....Hope to have it on January 19th.
Cross City Church.. Slightly used bicycles will be distributed to schools soon.
K- Marko Cpl. Parra has been attempting to get Fresno PD to allow him to join them in their training. They do not like to include other agencies. We did find one class to re-certify Marko. It is six weeks long at a cost of $8,000. Handler would need to be there for six weeks. His salary of approximately $7,000 plus hotel and per diem. Do we want to spend the money?
ORANGE COVE POLICE DEPARTMENT
DECEMBER 2022 MONTHLY STATISTICS
CHIEF OF POLICE - MARTY RIVERA
PART 1 CRIMES
NOV DEC % YTD YTD
2022 2022 Change 2021 2022
Homicide 0% 0 2
Rape 0%
Attempted Murder 0 0% 2
Robbery 0 100% 3
Assault - 100% 8
Burglary 2 -50% 16
Grand Theft Auto 50% 12 22
Total Part 1 Crimes 0% 41 53
NOV DEC % YTD YTD
2022 2022 Change 2021 2022
Sex Crimes 2 200% 13 13
Narcotics 4 -50% 30 30
Child Abuse 1 0% 8 5
Total Part 2 Crimes 5 5 0% 51 48
NOV DEC % YTD YTD
2022 2022 Change 2021 2022
Total Traffic Collisions 4 10 150% 41 47
Fatalities 0%
Injury 0 0%
Non Injury 5 67% 20 28
Hit & Run 5 400% 20 15
ENFORCEMENT STATISTICS
NOV DEC % YTD YTD
2022 2022 Change 2021 2022
Total Traffic Citations 28 31 11% 277 217
Total Vehicle Stops 102 99 -3% 1,088 1,024
Seatbelt Violations 1 100% 14
Unsafe Speed Violations 2 -50% 16
Fail To Obey Stop Sign/Light 1 300% 71 32
Driving Under the Influence 4 25% 17
Gang Arrests - Felony 0%
Gang Arrests - Misdemeanor 0%
Gang Field Interview Cards 1 -100% 22 17
Juvenile Detentions/Arrests 0% 8 6
Adult Arrests 14 15 7% 137 127
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date : 1/6/2023 NOV DEC % YTD YTD
2022 2022 Change 2021 2022
5150 4 50% 52 69
Agency Assist 10 6 -40% 99 69
Battery 0% 19 10
Evading/Obstructing Officer 1 -67% 14 11
Fraud 3 0% 3 9
Identity Theft 0% 5
Spousal Abuse -30% 60 50
Grafitti/Vandalism -17% 41 40
Veh. Burglaries 0% 8 2
General Incidents 14 24 71% 175 158
Weapons Confiscated - 100% 9 15
Petty Theft 200% 47 28
Public Intoxication 1 100% 10 13
Suspended License 300% 19 15
Unlicensed Drivers 17 13 -24% 90 74
Vehicles Towed 14 12 -14% 121 91
Vehicles Released 7 4 -43% 61 44
Case Number Drawn 139 161 16% 1,577 1,211
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date : 1/6/2023
ORANGE COVE ANIMAL CONTROL
STATISTICAL ACTIVITY REPORT
Marty Rivera
Chief of Police
MONTH: December OFFICER: A. Reyes
BITE REPORTS
PRIOR MONTH STRAYS 8 from prior month
STRAY DOGS 10 picked up in December
EUTHANIZED DOGS 6 in December
ADOPTED DOGS 3 in December
RESCUED DOGS
INJURED STRAY DOGS
ANIMAL CRUELTY
INVESTIGATIONS
RELEASED DOGS TO 1 in December
OWNER
CITATIONS ISSUED
QUARANTINED DOGS
OTHER ANIMAL
MISC
DOGS IN SHELTER 8 in shelter
Meeting Date: 1/11/2023
Agenda Item: _
City Council Meeting
REPORT TO: Orange Cove City Couneil
•
REPORT FROM: Shun Pattan, Planner y
AGENDA ITEM: Planning Department Up-date Report
ACTION REQUESTED: _Ordinance - Resolution _ Motion x Receive/File Martinez Tract Map - City has finale (3) homes at the Martinez Tract. Additional (3) will be completed by the end of January. Yanez construction is anticipating pulling the remaining permits by February.
Macias Tract Map -
On December 22, 2022 Yanez Construction submitted the revised final map and improvement plans or the 3rd plan check review. On December 28, 2022, the city engineer completed the 3 plan check review on the final map and improvements plan. Minor revisions needed.
Blossom Estates/Piro - No new update on this project. Developers are still working on the final map and improvements plans.
Blossom Heights Apartment Project - Staff initiated an opened escrow of the 6.5-acre parcel being purchased by Brain Young on December 9, 2022. Deposits have been made by the buyer(s). The preliminary title report shows an error on the recorded when it was sold to the city back in 2008. The city company and staff will need to create and record a new correct deed, however the corporation at the time has since been dissolved.
Letter of Interest to Purchase Property at Industrial Park Property and behind Burger King • On December 16, 2022 staff initiated and opened escrow on the 8-acre parcel behind Burger King. The buyers have made the $25,000.00 deposit to the Title Company as required by the purchase agreement.
On January 11, 2023 the city council will be presented with the purchase agreement for the sale of the
6.5 acre at the Industrial Park. The buyer has indicated that they are interested in the development of multi-family residential units. If the purchase agreement is approved, then staff can open escrow on the land sale.
Commercial Development
On December 5, 2022 staff met with the owner (Mr. Adrian Lopez) and plan designer of the proposed commercial development at the corner of 11"h and Railroad Avenue. The purpose of the meeting was to finalize the review of their submitted site plan. The project will consist of two buildings containing 2,000 square feet each. One of the buildings will be an auto repair shop and the other will be for commercial uses. Staff are currently reviewing the site plan for development standard(s) compliance and Conditional Use Permit application. Staff has not received a re-submittal to date.
Howard Annexation/Tentative Tract Map NO. 6288
On October 26, 2022 the city council approved a 12-month extension for the Howard Tentative Tract map. A formal notification was sent to the owner on October 31, 2022.
Housing Authority Rehab Project - On December 16, 2022 the project contractor was issued the building permits for the start of the Citrus Gardens Rehabilitation. Construction has begun on the rehab.
Estimated completion of the project is ladder part of this year.
Proposed Tentative Subdivision Map -
On December 2, 2022 staff met with engineer Mr. Mike Hamzy and the city engineer to discuss a new small tentative tract map for approximately (14) single family lots on Orange Street and Tangerine.
Issues that were discussed were water/sewer locations, storm drain and zoning. Staff provided Mr.
Hamy with all application(s), map requirements and applications fees. The owner will be submitting a Tentative Tract Map Application shortly. No application submittal to date.
Proposed Drive-Thru Coffee Shop-
On Wednesday November 9, 2022 the city inspector and I met with Mr. Devin Peralta owner of the property located at 494 Park Blvd and who is interested in a drive-thru coffee shop. The purpose of the on-site meeting was to conduct a building compliance inspection to determine if the existing structure could be used for the proposed coffee shop, It was determined that the main building could be rehabbed and that the garage area would require an inspection by a structural engineer. The owner stated that he was to contact a draftsman to prepare a conceptual plan and or site plan for city review and comment. No submittal to date.
Variance application -
Staff are reviewing an application for a variance that would reduce the required setback from a 10-foot requirement to a 5-foot requirement. The property owner wishes to construct a home on a lot the is only 25 feet in width. Due to the 10-feet side street side setback requirement, it prohibits the property owner from benefiting from the same right to development as the surrounding property owners. This application is tentatively scheduled to go before the planning commission on January 24, 2023 for consideration/approval.
Code Enforcement Complaints - Staff has initiated code enforcement action on several properties that constitute a public nuisance due to large amounts of junk/debris/discarded furniture and abandoned construction. Initial "Notice of Violation" letter(s) were sent to property owners on December 9, 2022 with a compliance date of January 9, 2023.
Stanto
Prepared By: Approved By:
Reviewed: 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
Action item _Other
_Department Report _Continue To: _
_Redevelopment Aency
Meeting Date: 1/11/23
Agenda Item:
City Council Meeting
REPORT TO: Orange Cove City Council
REPORT FROM: Shun Patlan, Planner
AGENDA ITEM: City Council Consider Approving Resolution No. : 2023-05 Approving Purchase Agreement for Purchaser Universal Properties for the purchase of (6.5) acres of city owned land and Authorize Cit Manager to Execute the Agreement
ACTION REQUESTED: _Ordinance * Resolution _ Motion _Receive/File RECOMMENDED:
1. Staff recommends the city council consider taking the following Action:
A. Consider approving Purchase Agreement for the purchase of (6.5) Acres of City Owned Land located just North of the northeast corner of South and Center Streets and authorize the City Manager to Execute the Agreement
EXECUTIVE SUMMARY
The city owns (14) acre+/- parcel of real property located North of the Northwest Corner of South and Center Streets (APN 378-200-22T and portion of 378-200-84T).
The buyer Universal Properties submitted a "Letter of Intent" to purchase (6.5) acres of the (14) acres of land. The "Letter of Intent" and certain terms were approved by the Orange Cove City Council on December 14, 2022.
Background
Mr. Nick Farid presenting Universal Properties are proposing to purchase the property and commit to multiple-family residential development of the (6.5) acres. Universal Properties are interested in constructing (162) multi-family residential units on the 6.5 acres. The apartment building(s) being proposed will be three stories. Upon purchase approval, Universal Properties will be required to submit a Site Plan and other applicable applications which will be presented to the planning commission and the city council for approval.
The city attorney has prepared the purchase agreement in which has been accepted and signed by Universal Properties and includes the following terms;
1. Sales Price of $272,948.00 with a $25,000 down payment at five days opening escrow
2. No grant assistance from the city
3. Buyer shall be responsible for escrow fees, rezoning/general plan entitlements fees/ and other related expenses
4. Buyer shall begin construction with the project within one year of closing of escrow
5. Buyer will not sell property or transfer to another without first offering right of refusal to seller at the same purchase price.
Attachments
1. Resolution No. 2023-_, approving the purchase agreement.
2. Exhibit A & B
FISCAL IMPACT:
1. The sale of the land will increase the city's general fund in the amount of $272,948.
2. Estimated Development Impact Fee Revenue is 51.5 million to be paid at building permit
3. Estimated Building Permit Fees-General Fund Revenue is $150,000. to be paid at building permit issuance
4. Estimated Land Entitlement Fees-General Fund Revenue are $5,000 to be paid at application submittal
Prepared By: Approved By:
Reviewed: 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
-
-Action Item Other
_Department Report Continue To: _
_Redevelopment Aency
General Plan Amendment Proposal for the northeast area (NEA) of South and Center Street I would like to first thank the Council for its consideration of support for a proposed General Plan Amendment to the subject 6.5 acres of property located generally at the northeast area of South and Center Streets (APN: 378-200-22t, 84t). As the Council is aware, we the applicant/future owner are in the process of entering into an agreement with the City of Orange Cove to secure the subject parcels of land. These two properties are ideal for future development, and we are eager to move forward with the entitlement process.
The subject 6.5 acres of land has an existing Light Industrial General Plan designation and is surrounded by existing High-Density housing directly to the west, and Single-Family Residential on the east. Additionally, the north side of the proposed project is bound by an additional 6.5 acre parcel that has in concept, tentatively approved for a future General Plan re-designation to residential. The current and proposed land uses required us to re-evaluate our plan for this property. Our intent is to continue this pattern of residential and specifically, High Density (R-3, 1,500 s.f. min) residential, matching existing and future residential opportunities in the area. Our specific parcels are more conducive and compatible to a High-Density use and would be considered the best use of land in providing much needed additional housing opportunities to Orange Cove and the region.
Based on the density requirements of the requested R-3 Zone District please note the following:
Site: 6.5 acres +/-
• Classification to the R-3 would provide for future development at one dwelling unit per 1,500 s.f. of land area;
• Per Ordinance 392, amending Title 17- Zoning, the proposed R-3 Zone District would allow for the development of the project site at a minimum density of 20 du/ac, and a maximum density of 25 du/ac. Therefore, using this methodology the proposed density would provide for property development as shown below:
6.5 acres x 25 du/ac= 162.5 dwelling unit total.
Please be advised that the proposed number of units indicated does not factor in rights-of-way, setbacks, landscape setbacks, and other site improvements required; however, this does provide flexibility to reach the 25 du/ac as requested for this specific General Plan Amendment.
In advance, I thank you for your support as we prepare to enter into a sale agreement with the City in our request to re-designate the property from the Light Industrial Classification to the much more compatible High Density Multi-Family Residential 1,500 s.f. minimum.
Sincerely,
7 Orlando Ramirez
(559) 999-1963
[email protected]
RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE APPROVING
THE REAL PROPERTY PURCHASE AND SALES AGREEMENT AND ESCROW
INSTRUCTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS) AND RELATED DOCUMENTS
WHEREAS, the city is the owner of a (14) acre of vacant parcel of land located at North of the Northwest Corner of South and Center Streets within the City of Orange Cove as shown as portion of APN 375-040-36T on attached Exhibit "A" and "B" and, WHEREAS, the City of Orange Cove and the City Council's goal is to encourage Commercial Development for the residents of Orange Cove, and, WHEREAS, the City Council of the City of Orange Cove has found that the proposed purchaser, Universal Properties of 6.5 acres of the (14) acre parcel are interested in providing said Multi-Family Residential Development and,
WHEREAS, the City Council has determined that the sale to the proposed purchaser will result in the development of various Multi-Family Residential Development in compliance with the city's zoning ordinance and,
WHEREAS, the City and purchasers) have set forth the terms and conditions of the agreements) which are incorporated herein by his reference; and, NOW, THEREFORE, BE IT RESOLVED that the Orange Cove City Council hereby finds:
That foregoing recitals and each of them are true and correct and they are each hereby adopted as findings of the City.
2. That the Agreements) as shown as attached herein as proposed between the City of Orange Cove and Universal Properties for the purchase, construction and development of Multi-Family Residential Development and,
That City Manager of the City are hereby authorized to execute the attached agreements) on behalf of the City Council of the City of Orange Cove.
BE IT FURTHER RESOLVED that the Orange Cove City Council approves the attached sales and purchase agreements),
I hereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Orange Cove at a meeting held on the 11th day of January 2023 by the following vote:
1 The foregoing Resolution was duly approved this day January 11, 2023 by the flowing vote, to AYES:
NOES:
ABSTAIN:
ABSENCE:
Mayor, Diane Guerra Silva
June Bracamontes, City Clerk
2 EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the Southwest quarter of the Southeast Quarter of Section 13, Township 15 South, Range 24 East, Mount Diablo Base and Meridian, according to the official plat thereof, in the County of Fresno, State of California, also being Block 122, a portion of Block 121, and a portion of the adjacent roads, as shown on the Map of the Town of Orange Cove (hereinafter referenced as Map of OC), Book 7 of Plats at Page 93, Fresno County Records, being more particularly described as follows:
of Beginning also being coincident with the intended Southwest corner of Parcel "B" as shown on Parcel Map No. 88-02, filed in Book 49 of Parcel Maps at Page 18, Fresno County Records; thence along said center line of "J" Street and along the southerly line of said Parcel "B" North 89°33'37" East, a distance of 720.00 feet to a point on the West right-of-way line of Fifth Street, as shown on said Map of OC and said Parcel Map, said point being at the intended Southeast corner of said Parcel "B";
thence along said West right-of-way line, and the East line of said Block 122, South 0°26'23" East, a distance of 515.82' to the Southeast corner of said Block 122, said Southeast corner also being on the North right-of-way line of Whittier Street (also known as South Street);
thence along the South line of said Block 122 and said North right-of-way line of Whittier Street, South 89°36'43" West, a distance of 480.00 feet to the East line of the West 240.00 feet of the aforementioned Block 121;
thence parallel with the West line of said Block 121, North 0°26'23" West, a distance of 364.00 feet to the North line of the South 364.00 feet of said Block 121; thence parallel with said South line of Block 121, South 89°36'43" West, a distance of 240.00 feet to the previously mentioned East right-of-way line of Center Street; thence along said East right-of-way line North 0°26'23" West, a distance of 151.17 feet to the Point of Beginning.
Reserving unto the Grantor a 10 foot wide Public Utility Easement along the portions of the above described property that front on Center Street, Whittier Street, and Fifth Street.
Together with underlying fee interest, if any, adjacent to the above described property, in and to the adjoining public right-of-way.
The above described property contains 6.5151 acres, more or less.
End of legal description. CENSED SURVEY
SHES
chande, Separ
No. 6218
CALIFORNIA
OF
EXHIBIT "B' LANO
PROFESSIONAL
- -
-
• STREET (ABANDONED) No. 6218
TATE OF CALFORN
N
450.00' (450.00')A SCALE, 1'=150
(509,98 A (510,00' 510.00* (PARCEL
75 150
-EAST (RIGHT-OF-WAY LINE)A
OF CENTER STREET
(ABANDONED) -CENTER LINE OF
•POINT OF (J STREET)A
BEGINNING
STREET (S. 89°37'31" WB _ L - 1Z20.53)B
---
N 89°33'37 E (30 A
720.00'
STREET! (30'A (30")A (ABANDONED)
-- 7
T
+ 151.7 N 0°26'23" 515.82'
10' 121A
PUE LEGEND
( )A RECORD OR CALCULATED STREET
240.00 FROM MAP OF TOWN OF
589036'43"W
ORANGE COVE, BOOK 7 OF
CENTER 485.17' (485.7')A 364.00' STREET PLATS AT PAGE 93, F.C.R.
GRANT DEED
182.00' RECORD OR CALCULATED (40')A
DOC 2022-0073643 182.00
(545.14')A (554.99')B 545.14' O.R.F.C. FROM PARCEL MAP 88-02, BOOK 49 OF PARCEL MAPS
AT PAGE I8, F.C.R.
240.00' SIXTH
• SUBJECT PROPERTY -
- (40)A BLOCK
I0' PUE
182.00' 182.00 -N 0°26'23" w RESERVED -
GRANT DEED
TYPICAL
DOC 2017-0035497 - - (80")A
O.R.F.C.
240.00'
$ 89°36'43" W · 480.00'-
WHIT TIER STREET (SOUTH STREET)
Mail: P.O. Box 25783
BEDROCK Fresno, Co 93729
Office: 10878 Highway 41
ENGINEERING Madera, Ca 93636
A solid foundation for your next project voice: 559.645.4849 Land Surveying • Civil Engineering • Utilly Locating fax: 569.645.4869 www.bedrockeng.com
SHEET I OF I SHEETISI
PURCHASE AND SALE AGREEMENT
APN NO.: 378-200-22T & 378-200-84T
This Purchase and Sale Agreement ("Agreement") is entered into as of the 11th day of January 11, 2022 ("Effective Date") between CITY OF ORANGE COVE ("Seller") and UNIVERSAL PROPERTIES (Buyer"). In consideration of the several promises and representations of the parties set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
WHEREAS, the Seller is a municipal corporation in Fresno County, State of California; WHEREAS, Buyer is Universal Properties (ex: a California corporation)] and the purchaser of certain real property, described in Exhibit "A", within Fresno County, California ("Property") and more particularly described in and evidenced by a certain grant deed, to Buyer as grantee and from Seller as grantor, to be recorded under this Agreement, in the Official Records of Fresno County, California; and WHEREAS, Buyer desires to purchase from Seller and Seller desires to sell to Buyer the exclusive right to purchase the Property at the price and upon terns and conditions provided for in this Agreement.
WHEREAS, the Parties understand that the purchase and sale of the Property are conditioned on the approval from the Orange Cove City Council.
WHEREAS, the transfer of the property is exempt from the CEQA process.
1. Property. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the "Property" described in Exhibit A.
2. Purchase Price. The total purchase price shall be two hundred seventy two thousand nine hundred forty eight dollars and zero cents ($272,948.00) to be paid immediately upon close of escrow.
3. Escrow. Not later than five (5) business days after the Effective Date, Buyer shall open an escrow ("Escrow") with Fidelity National Title Co. ("Escrow Holder"), by delivering a fully executed copy of this Agreement to Escrow Holder at [ADDRESS OF TITLE COMPANY].
3.1 Deposit. Buyer shall pay twenty-five thousand dollars and zero cents ($25,000.00) through the Escrow by depositing such with the Escrow Holder within five (5) days after the opening of Escrow.
3.2 Joint Escrow Instructions. This Agreement shall constitute joint escrow instructions to Escrow Holder. Upon request by Escrow Holder, the Parties shall execute such additional escrow instructions as may be reasonably required by Escrow Holder, including Escrow Holder's standard printed conditions and stipulations with respect to escrows concerning the purchase and sale of real property provided, however, that if there
is any conflict between the provisions of this Agreement and the provisions of any such additional instructions, the provisions of this Agreement shall prevail.
3.3 Opening: Closing. Buyer shall cause Escrow to be opened following the approval of this Agreement by the Orange Cove City Council and California State Housing and Community Development Department. Escrow shall close after forty-five (45) days or sooner if both parties agree.
3.4 Costs. The Buyer shali be responsible for all closing costs including any closing costs, documentary transfer taxes, and any other costs associated with the transfer of the Property,
3.5 Due Diligence. BUYER shall have 30 days from the Execution Date to conduct all buyer's investigations, studies, or other feasibilities. Upon expiration of the feasibility period, the Deposit will become nonrefundable. BUYER shall have the right to cancel escrow for any reason up to expiration of feasibility period, all deposits to be released to BUYER without further instruction.
4. Indemnification. To the fullest extent permitted by law, each party must indemnify, defend (at the party's sole cost and expense and with legal counsel approved by the other party, which approval may not be unreasonably withheld), protect and hold harmless the other party, all subsidiaries, divisions and affiliated agencies, and all of their representatives, partners, designees, officers, directors, employees, consultants, agents, successors and assigns, (each, an "Indemnified Party" and collectively, the "Indemnified Parties"), from and against all claims (including, without limitation, claims for bodily injury, death or dam-age to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional expert or consultants' fees and costs and Licensee general and administrative expenses) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims") which may arise out of, pertain to, or relate (directly or indirectly) to the negligence, recklessness, or misconduct of the party with respect to any work performed or services provided under this Agreement (including, without limitation, the acts, errors and/or omissions, by the party, its principals, officers, agents, employees, vendors, suppliers, consultants, sub-consultants, contractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Each party's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then indemnification obligation shall be reduced in proportion to the established comparative liability.
5. As-Is Purchase. Buyer acknowledges and agrees that it is acquiring the Property AS-IS and that the only representations or warranties made by Seller with respect to the Property are those set forth in this Agreement and the grant deed by which the Property will be conveyed. Buyer acknowledges that it is accepting the Property in its AS IS condition, and assumes the risks
associated with the condition of the Property. Buyer will not be entitled to back out of the purchase based upon the condition of the Property, as Buyer is agreeing to purchase the Property as is.
6. Condition of the Property. SELLER shall convey the ownership of the property free of liens, judgments, defaulted taxes, lis pendens, monetary encumbrances and title claims. There shall be no pending or threatened suit, action, arbitration, or other legal, administrative, or governmental proceedings or investigations that affect the property.
7. Broker's Commission. BUYER shall be responsible to pay a commission of 5% of the sales price to REI Group.
8. Buyer's Representations. BUYER agrees to the following representations:
8.1 Development. BUYER will provide to SELLER at the Effective Date of this Agreement, proof that SELLER is financially able to develop the property, BUYER agrees that it will begin building the proposed project on the Property within one year of closing of escrow.
8.2 First Right of Refusal. Prior to developing the Property, BUYER must not sell, assign, or transfer the Property without first offering a first right of refusal to SELLER at the same Purchase Price in this Agreement.
9. Entire Agreement. This document is the full agreement between the parties regarding the subject matter hereof and may only be altered in a writing signed by both the parties. This Agreement shall not be strictly construed for or against any party. Each party acknowledges that its independent counsel has reviewed this Agreement and agrees that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
10. Acceptance. To evidence their agreement with the foregoing and their intent to be legally bound, the parties have executed this Agreement as of the Effective Date.
11. Form of Deed; Reservations. Prior to payment, SELLER will transfer SELLER'S interest in the Property to BUYER by Grant Deed, subject to all outstanding rights, whether or not of record.
NOTICES AND SIGNATURES
SELLERS BUYER
City of Orange Cove Universal Properties or Assignee
633 Sixth Street 1834 N. Pistachio Avenue
Orange Cove, Ca. 93646 Orange Cove, CA 93646
Cade
Rudy Hernandez Nick Farid Shriesher, CEO
Interim City Maugger
Date: Date 1/5/2023
RECEIVED BY
ocT 1 52022
October 04, 2022
City of Orange Covi
lanning & Building Dep
Re: Sale of Real Property, at APN: 378-200-22T & 378-200-84T Dear City of Orange Cove,
This Letter of Intent (LOl) is being submitted outlining the material terms upon which Univer- sal Properties or assign would acquire approximately 6.5 acres of land surrounding the future • park on the Northewest corner of South & 5th St in the City of Orange Cove, APN or assign will present a Purchase Contract with the agreed upon terms. Nothing with this let- 378-200-22T & 378-200-84T. If the terms within this letter are agreeable, Universal Properties ter is meant to create any binding agreement between either party, nor shall either party be required to act upon the terms within this LOI. !
1) BUYER: Universal Properties or assign
2) SELLER: City of Orange Cove
3) PROPERTY: 378-200-22T & 378-200-84T
4) PRICE: CASH, $272,948 or $41,992 per acre. Price may change depending on actual acreage.
5) EMD: $25,000 to be deposited with escrow within 5 days of fully executed Contract 7) DUE DILIGENCE: BUYER shall have 30 days from the date of fully executed contract to conduct all buyer's investigations, studies, or other feasibilities. Upon expiration of the Fea- sibility period, deposit to be made nonrefundable.
7a) BUYER shall have the right to cancel escrow for any reason up to expiration of fea- sibility period. If Buyer chooses to cancel priorto expiration of feasibility period, all deposits to be released to BUYER without further instruction. 8) SELLER DISCLOSURES: SELLER to deliver all Disclosure & Material Facts to BUYER with 10 days of a fully executed Purchase Contract. Material Facts shall include, but are not limit- ed to, soils reports, NHD, improvements, licenses and or leases. 8a) Within 15 days of a fully executed contract, SELLER to have delivered to BUYER, for the BUYER's review and approval a Preliminary Title report. 9) SELLER to provide ALTA titte policy.
10) CLOSE OF ESCOW: Shall be 45 or sooner from a fully executed contract. 11) CONDITION OF THE PROPERTY: SELLERS) shall convey the ownership of the property free of liens, judgments, defaulted taxes, lis pendens, monetary encumbrances and title claims. There shall be no pending or threatened suit, action, arbitration, or other legal, administrative, or governmental proceedings or investigations that affect the prop- erty. And there shall be no material adverse changes in the physical condition of the prop- erty.
12) TITLE & ESCROW: To be held at Fidelity National Title Co. Escrow Officer to be Darlene Van Hoase..
13) BROKER'S COMMISSION: BUYER shall be responsible to pay a commission of 5% of sales price to REI Group.
This letter is merely to convey the parties' intents, and does not, in any way, bind any of the parties to any of the terms outlined herein. Unless and until both parties agree to, and fully execute a mutually agreeable PSA, neither party is obligated to fulfill any of the terms out- lined within this LOI.
for the sale of said properties. We look forward to working with you toward a mutually benefi- Executing this LO! simply signifies that both parties are willing and interested in negotiating cial and successful transaction.
:
out,", 2022
Universal Properties Date
Agreed and Acknowledged:
Signator
Date
Name & Title of Signator
EXHIBIT "А"
LEGAL DESCRIPTION
A portion of the Southwest quarter of the Southeast Quarter of Section 13, Township 15 South, Range 24 East, Mount Diablo Base and Meridian, according to the official plat thereof, in the county of Fresno, State of California, also being Block 122, a portion of Block 121, and a portion of the adjacent roads, as shown on the Map of the Town of Orange Cove (hereinafter referencec as Map of OC), Book 7 of Plats at Page 93, Fresno County Records, being more particularly described as follows: !
Beginning at the point of Intersection of the East right-of-way line of Center Street, as shown on said Map of OC, with the center line of "S" Street shown on said Map of OC as J Street, sald Point of Beginning also being coincident with the intended Southwest comer of Parcel "B" as shown or i Parcel Map No. 88-02, filed In Book 49 of Parcel Maps at Page 1B, Fresno County Records; thence along said center line of "j" Street and along the southerly line of said Parcel "B" North 89°33'37" East, a distance of 720,00 feet to a point on the West right-of-way line of Fifth Street, as shown on said Map of OC and said Parcel Map, said point being at the intended Southeast corner of said Parcel "B";
thence along said West right-of-way line, and the East line of said Block 122, South 0°26'23" East, a distance of 515,82' to the Southeast corner of said Block 122, said Southeast corner also being on the North right-of-way line of Whittier Street (also known as South Street);
thence along the South line of said Block 122 and said North right-of-way line of Whittier Street, South 89°36'43" West, a distance of 480.00 feet to the East line of the West 240.00 feet of the aforementioned Block 121;
thence parallel with the West line of said Block 121, North 0°28'23" West, a distance of 364.00 feet to the North line of the South 364.00 feet of said Black 121; thence parallel with sald South line of Block 121, South 89'36'43" West, a distance of 240.00 feet to the previously mentioned East right-of-way line of Center Street; thence along said East right-of-way line North 0°26'23" West, a distance of 151.17 feet to the Point of Beginning.
Reserving undere a front on Center Street, Wilter set, and ari stretrions of the abora Together with underlying foe interest, If any, adjacent to the above described property, in and to the adjoining public right-of-way.
The above described property contains 6.5151 acres, more or less.
LAND
End of legal description.
SHES CAVE YO
No. 6218
EXHIBIT "B" LAND
-
* STREET (ABANDONED) No. 621B
SITE OF CALIFORN
7 N
" (450.00)A
SGALE, 1ª=150'
50998/A (510.00 B 510.00' 450.00 (PARCEL
0 76
FEAST (RIGHT-OF-WAY LINE)A
OF CENTER STREET
(ABANDONED) -CENTER LINE OF
-POINT OF
(J STREET)A
BEGINNING
STREET 138303232"W2 - - - 720.538
•N 89°33'37* E (30)A T 720,00
_ STREET 1301A (30')A (ABANDONED)
+ 15007 N 0°26'23° 515.82
lo' 121A
PUE LEGEND
RECORD OR CALCULATED
240.00 FROM MAP QF TOWN OF
§ 8993643* W
ORANGE COVE, BOOK 7 OF
CENTER STREET PLATS AT PAGE 93, F.C.R.
485.7' (485,7)A 384.00* ~ O' PUE
GRANT DEED
(82.00' RECORD OR CALCULATED • (40")A
DOC 2022-0073643 182.001
(54514')A (554,9938 54514' 0.R.F.C. FROM PARCEL MAP 88-02, BOOK 49 OF PARCEL MAPS
AT PAGE IG, F.C.R.
240.00' SIXTH
SUBJECT PROPERTY
- (40'A•
N0°26'23" W lO' PUE
182.00* 182.001 RESERVED -
GRANT DEED
DOC 20IY-0036497 TYPICAL
O.R.F.C.
240.00'
SB993643' · 490.00'-
WHITTER STREET (SOUTH STREET)
L (30YA
Mail: P.0. Box 25783
Fresna, Co 93729
BEDROCK Office: 10978 Highway 41
/ENGINEERING Madera, Ca 93636
A solle faundation for your nest amlact volae: 559.648.4849 Land Surveying CIvil Ingrocering + Untily Locating fax: 659.645,4869 1 www.bodrookeng.com BIET, I OF L SHEETON
Biane Cera Silver interim (in Hanger:
Rudy Hernande:
(139) 626-4488 esz. 2/5
Lite Po Fei
finaner Director:
Rudy Hernande:
(559) 626-1488 exx. 216
Esperanca Rodrigur: Cin Clerh.
Haria lucio Tune F. Bracamonte
(559) 626-485 est. 214
Incorporated January 20, 1948
633 Sixth Street Orange Cove, California 93646 Phone: (559) 626-4488 / FAX: (559) 626-4653 DATE: JANUARY 11, 2023
TO: MAYOR AND COUNCIL
FROM: RUDY HERNANDEZ, INTERIM CITY MANAGER
RE: Resolution Amendment to Section 3.04(B)(2) regarding possessing weapons on property owned or leased by the City.
RECOMMENDATION:
Staff recommends that the City Council approve the amendment to Section 3.04(B)(2) regarding possessing weapons on property owned or leased by the City.
BACKGROUND:
The City will be considering a related amendment to the Orange Cove Municipal Code which will prohibit the possession of weapons by anyone other than certain peace officers, on or in property owned or leased by the City.
In preparing that item, a review of the Personnel Rules for the City was conducted to ensure consistency with the amendment to the Code. It was determined that the revisions to the Personnel Rules that are contemplated by this agenda item are necessary for consistency with the new ordinance provisions prohibiting weapons on or in City property. The resolution eliminates language which allows certain licensed persons other than law enforcement to carry weapons on City property.
Impacts, if any, of enforcement of the revised Personnel Rules may be subject to meet and confer with the appropriate collective bargaining units).
FISCAL IMPACT:
None.
CONFLICT OF INTEREST:
None.
CROA DETERMINATION:
Recommend the City Council finds in exercising its independent judgment, that this Resolution is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject Resolution has no potential for resulting in any significant physical change to the environment, either directly or indirectly.
Date: January 11, 2023
To: Mayor and City Council
From: Rudy Hernandez, Interim City Manager
Subject: Update on Financial Issues
Attachments: None
Background
Christmas Toy Give Away Program Financial Report
: FY 2022-23 Budget
Update on Disposal Rate Study.
RECOMMENDATION:
For Information Only.
Prepared by: _ Approved by:
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
Action Item Member
Department Report Other
Redevelopment Agency Continued to:
CITY OF ORANGE COVE
FINANCIAL REPORT
TOY GIVEAWAY PROGRAM
12/14/2022
NUMBER OR CHILDREN SERVED: 634
1. TOY PURCHASES:
DATE VENDOR NAME TRANSACTIONIF AMOUNT CR CARD
12/7/2022 WALMART ID# 302342003840054 $ 948.78 3889
12/7/2022 WALMART ID# 302341732193902 $ 1,643.22 7179
12/7/2022 WALMART ID# 302341791199408 1,864.71 7179
12/7/2022 WALMART ID# 582341741658290 1,652.76 7179
12/7/2022 WALMART ID#302341746825698 1,465.62 7179
12/7/2.022 WALMART ID#582341755836590 1,618.68 7179
12/13/2022 WALMART ID# 462347847864295 384.09 7179
11/30/2022 WALMART ID# 302334826737871 758.54 7179
12/1/2022 WALMART ID# 382334826130338 1,572.46 7179
12/2/2022 WALMART ID# 382334822358247 1,242.25 7179
TOTAL 13,151.11
I. COMMUNITY DONATIONS: -
NAME: AMOUNT
KLEIN FINANCIAL CORPORATION $ 1,500.00
TOM'S EQUIPMENT RENTAL $ 1,500.00
NISEI FARMERS LEAGUE 500.00
ALFREDO MARTINEZ VILLA 500.00
GRISWOLD LASALLE COMMUNITY FOUNDATION $ 500.00
GIERSH & ASSOCIATES INC. $ 200.00
LIONS GATE CONSTRUCTION LLC $ 1,000.00
PROFESSIONAL CHEMISTRY CLEANING & RESTORATION $ 1,000.00 EFRAIN YANEZ CONSTRUCTION, INC. 1,000.00
TOTAL $ 7,700.00
Il. NET COST TO THE CITY:
TOTAL $ 5,451.11
CITY OF ORANGE COVE
RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE, CALIFORNIA AMENDING SECTION 3.04(B)(2) OF THE CITY OF ORANGE COVE PERSONNEL RULES REGARDING FIREARMS.
WHEREAS, Section 3.04 of the City of Orange Cove Personnel Rules allow the carrying of firearms on City property and in City facilities for employees with the legal WHEREAS, the City Council desires to ensure the safety of City employees and the public generally;
WHEREAS, the City Council is currently considering an amendment to the Orange Cove Municipal Code to prohibit weapons, including firearms, on property or in facilitie wned or leased by the City of Orange Cove; an
WHEREAS, the City desires to ensure consistency between the City of Orange Cove Municipal Code and the City of Orange Cove Personnel Rules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANCE COVE, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Section 3.04(B)(2) of the City of Orange Cove Personnel Rules is hereby amended to read as follows:
Employees are prohibited from carrying or
any property owned or leased by the City of Orange Cove or in any SECTION 2: This Resolution is effective immediately upon adoption. 10318701.1 OR010-001
PASSED, APPROVED AND ADOPTED ON this _ _day of December 2022. [NAME], Mayor
ATTEST: APPROVED AS TO FORM:
[NAME], City Clerk NAME], City Attorney
I HEREBY CERTIFY the foregoing Resolution was duly adopted by the City Council of the City of Orange Cove, California on the _ _day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
(NAME], City Clerk
2 10318701.1 OR010-001
Bine Gueru Silve interim Cly Manager:
Rudy Hernandes
(539) 626-1-88 ext. 215
Finance Director:
Buds Hernande:
Cin Conucil Members: (559) 626-4788 exr. 216
Josie Cervantes
Esperanca Rodrigue: City Clerk:
Maria Sacio June V. Bracumontes
(559) 626-4188 exr. 214
Incorporated January 20, 1948
633 Sixth Street Orange Cove, California 93646 Phone: (559) 626-4488 / FAX: (559) 626-4653 DATE: JANUARY 11, 2023
TO: MAYOR AND COUNCIL
FROM: RUDY HERNANDEZ, INTERIM CITY MANAGER
RE: Ordinance Amending the Municipal Code of the City of Orange Cove to Add Chapter 8.80 to Title 8 Pertaining to Weapons on City Property.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and introduce the Ordinance Amending the Municipal Code of the City of Orange Cove to Add Chapter 8.80 to Title 8 Pertaining to Weapons on City Property.
BACKGROUND:
In an effort to ensure the safety of City staff and members of the public generally, the City hould consider amending its Municipal Code to address the possession of weapons on Cit roperty. Currently, the Municipal Code does not preclude certain licensed or permitter individuals from possessing weapons including firearms on property which owned or leased by the City. The ordinance currently before the Council will limit possession of weapons on or in Impacts, if any, of enforcement of the new restrictions imposed by the ordinance may be subject FISCAL IMPACT:
None.
CONFLICT OF INTEREST:
None.
CEDA DETERMINATION:
Recommend the City Council finds in exercising its independent judgment, that this Ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.
8.80.040 Dangerous Article Defined.
For the purposes of this Chapter, "Dangerous Article" shall include any explosive of flammable substance that can be exploded or burned in a manner that is capable of producing bodily injury or damage to property, or any bomb, grenade or similar device.
8.80.050 Exemptions.
(A) The prohibitions of this Chapter shall not apply to any judge, sheriff, deputy sheriff, police officer, marshal, deputy marshal, member of the California Highway Patrol, member of the California State authorized to possess such weapons.
(B) The prohibitions of this Chapter shall not apply to any City employee or agent of the City who is required to possess Dangerous Articles in order to perform City business, work or service on City premises.
8.80.060 Punishment of Violations.
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor, SECTION 3. Soverability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.
SECTION 5. Operative Date. This Ordinance shall become effective thirty (30) days after enactment. 10296173,1 OR010-00L
PROPOSAL FOR AFTER SCHOOL
AND RECREATION PROGRAMS
IN THE CITY OF ORANGE COVE
ORANGE COVE
COMMUNIT CENTER
Building Youth Self Confidence
PROPOSAL
January 11, 2022
To: City of Orange Cove Council
From: Archie Tovar
Re: Parks, After School Programs, and Recreational Activities Dear Mayor and City Council:
Thank you for having us on the calendar. The following proposal will cover the Parks, After School Programs, and Recreational Activities, along with what is needed to establish a youth training center, along with other details that will be essential to success.
Through the dynamic and dedicated staff, we enhance the quality of life for the community by providing safe, clean,
accessible parks and community centers offering
diverse programs and recreational activities and
fostering meaningful community partnerships
PROPOSAL
Parks, After School Programs, and Recreation Activities Why After School Matters
Studies have shown that without access to programs and activities, drug use and other dangerous behavior increases in the afterschool hours. Specifically, on school days the hours from 3 to 6pm are the peak hours for youth to commit crimes. Afterschool programs provide a safe and stable place for children and youth to reduce stress through exercise, healthy eating, engaging activities, positive peer relationships, and caring adults. Parents agree that afterschool programs give them a peace of mind about their children when they are at work.
Seasonal Play
Program A Baseball
Program B Basketball
Program C Flag Football
Program D Soccer
Year Round Play
Program A Youth MMA (wrestling / boxing)
Program B Adult MMA (jiu jitsu/ boxing)
Program C BMX Park
Program D Skate Park
PROPOSAL
Science, Technology, Engineering, Math (STEM)
Incudes hands-on workshops at City Science Center,
Family Technology night events, Boot Camps. Collaborating with Orange Cove High School & Jr. High School. Investing in afterschool and summer learning STEM programs will help prepare our kids for the jobs of tomorrow and connect them with opportunities that will encourage them to stay in the valley, increase their earning potential and build a prosperous economy for all of us.
Therapeutic Recreation
The programing provides specialized activities specifically for individuals with physical, mental, and emotional disabilities.
Community Center - Arts & Crafts
Computer Boot Camp Classes
Family Paint Night
Family Technology Night
Holiday Season Fun Decorations
Board Games
Pottery Painting
Cooking Classes
Open Outdoor Recreation
PROPOSAL
GRANT WRITING SERVICES
Proposition 68, $225 Million Available 2023
Statewide Park Development and Community Revitalization Program Proposition 68, With over $548 Million in Grants Announced. The 2022/23 state budget announced by the
Legislature includes a plan to make $225 million available to SPP. https://www.parks.ca.gov/?page_id=29939
National Recreation and Park Association
The American Rescue Plan Act (ARPA)
https://www.nrpa.org/our-work/Grant-Fundraising-Resources/ Throughout the year, PARKS will continue to pursue additional grant funding opportunities from various sources.
PROPOSAL
COMMUNITY
Nutritional Guidance
We believe that eating right shouldn't be complicated!
Nutrition is eating the right foods, at the right times, in the right amount.
Health & Fitness
A healthy body will do more exercise, burn more calories, and increase muscle mass, which in turn will burn more calories.
Monthly Family Programs
Newsletters describing events of the month.
Educational Boot Camps
Seasonal Programs
PROPOSAL
SCHEDULE
Monday Tuesday Wednesday Thursday Friday
4PM - 5PM Jiu Jitsu Kick Boxing | Jiu Jitsu Jiu Jitsu Kick Boxing Kids Class 1 No Gi / Gi No Gi / Gi No Gi / Gi
5-11 years
5PM - 6PM Jiu Jitsu Kick Boxing Jiu Jitsu Jiu Jitsu Kick Boxing Kids Class 2 No Gi / Gi No Gi / Gi No Gi / Gi
5-11 years
6PM - 7PM Jiu Jitsu Kick Boxing | Jiu Jitsu Jiu Jitsu Kick Boxing Adult 18 No Gi / Gi No Gi / Gi No Gi / Gi
No age limit
Training schedule is subject to change based on demand
PROPOSAL
THANK YOU
ARCHIE TOVAR
cell (559) 722-7262
email [email protected]