CALIFORNE
ORANGE COVE
CITY COUNCIL AGENDA
SPECIAL MEETING
Diana Guerra Silva, Mayor
Gilbert Garcia, Mayor Pro Tem Josie Cervantes, Council Member Maria Vacio, Council Member Esperanza Rodriguez, Council Member THURSDAY, FEBRUARY 16, 2023 - 6:00 P.M.
SENIOR CENTER
699 6th Street, Orange Cove, California 93646
LIVE MEETING
A. Call to Order/Welcome
Roll Call
Invocation
Flag Salute
B. Confirmation of Agenda
C. Closed Session
Government Code Section 54956.8
Conference with Real Property Negotiator
Property: APN 378-200-62; APN 375-040-36T
City Negotiator: Interim City Manager
Under Negotiation: Price and Terms of Payment
1 D. Reconvene City Council Meeting
2. SUBJECT: Resolution No. 2023-08 Declaring APN 378-200-62 Surplus
RECOMMENDATION: Staff recommends that the Council adopt Resolution 2023-08 declaring the City-owned property APN 378-200-62 to be surplus property.
3. SUBJECT: Resolution No. 2023-09 Declaring APN 375-040-36T Surplus
RECOMMENDATION: Staff recommends that the Council adopt Resolution 2023-09 declaring the City-owned property APN 375-040-36T to be surplus property.
E. 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.
expedition in the carrying out of public business in order to ensure that the public has a full During a meeting of the Orange Cove City Council, there is a need for civility and 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:
2 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, iiii) 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 the meeting as sergeant-at-arms to remove the person from the Council Chambers. In mayor or presiding officer may request any law enforcement officer who is on duty at 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.
3 For the Meeting of February 16, 2022
LIFORNE
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Dodd, City Attorney
Subject: Adoption of Resolution No. 2023-08 Declaring APN 378-200-62 Surplus
Attachments: Resolution No. 2023-08
RECOMMENDATION:
Staff recommends that the Council adopt Resolution 2023-08 declaring the City-owned property APN 378-200-62 to be surplus property.
BACKGROUND:
The Property at issue a City-owned property with the APN 378-200-62. The property is currently vacant.
Prior to the sale of property, the Council must declare the property surplus, and the City must satisfy surplus property requirements of the Surplus Property Act (SLA) (Government Code Section 54220, et seq.). One (1) mandate requires the City to provide a written notice of availability (NOA) to housing, park-open space, and school agencies and to "housing sponsors" informing them of an opportunity to purchase the property.
The notified parties must be given sixty (60) days to respond to the NOA if they are interested in purchasing or leasing the property. Following the sixty (60) day notice period, if no notified party expresses an interest in the property, the City may negotiate sales terms with a private party.
Prepared by: City Attorney Approved by: Megan Dodd
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
Action Item Other
Department Report Continued to:
Redevelopment Agency
Pursuant to Government Code Section 54230.5(b)(1), following the expiration of the sixty (60) notice period and prior to signing a Purchase & Sale Agreement for the property, the City must provide to the California Dept. of Housing and Community Development (HCD) a description of the NOA and negotiations conducted by the City. A copy of the Purchase & Sale Agreement negotiated with an interested party must be provided to HCD for review. The statute gives HCD thirty (30) days to review the information and material.
The City may sell the property once HCD grants its approval or HCD fails to notify the City of a violation during the thirty (30) day review period.
Under Government Code Section 54230.5(a)1), failure by the City to satisfy SLA requirements will result in a penalty of thirty percent (30%) of the final sales price for the first (1s) violation and a fifty percent (50%) penalty for each subsequent violation.
By adopting Resolution 23-_, the Council will declare the property surplus and will direct the City Manager to send the required NOA to housing, park-open space, and school agencies and to "housing sponsors." The Resolution further directs the City Manager to negotiate sales terms with an agency or "housing sponsor" responding to the notice or, if no agency or "housing sponsor" responds, with a private party. The City Manager will submit the negotiated terms to the City Council for consideration and approval at a future meeting. The property will not be sold until the Council approves the sales terms.
Pursuant to Section 15312 of the California Environmental Quality Act Guidelines (CEQA), the sale of surplus government property is considered exempt from further environmental review
FISCAL IMPACT:
None.
CONFLICT OF INTEREST:
None.
RESOLUTION NO. 2023-08
A, RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ORANG COVE, CALIFORNIA, DECLARING THE PROPERTY APN 378-200-62
TO BE SURPLUS PROPERTY
WHEREAS, the City of Orange Cove ("City") owns the following Property: APN 378- 200-62 ("Proporty"); and
WHEREAS, the Property is more particularly described in the attached Exhibit "A," which is incorporated herein by reference; and
WHEREAS, the City no longer has a need for the Property.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Orange Cove hereby declares the Property to be surplus.
RESOLVED FURTHER, the City Manager is hereby authorized and directed to send a Notice of Availability (NOA) to public agencies and housing sponsors in the manner required by Government Code Section 54222.
RESOLVED FURTHER, the City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the Proporty with any public agency or housing sponsor that responds to the NOA and expresses an interest in the Property.
RESOLVED FURTHER, if no agency or housing sponsor that receives the NOA desires to purchase or lease the Property or if the City is unable to successfully negotiate a sale or lease with an interested agency or housing sponsor, the City Manager is hereby authorized and directed to negotiate the sale of the Property to a private party.
RESOLVED FURTHER, the City Manager is directed to provide the Council, for its review and approval, those terms that the City Manager negotiates in accordance with this Resolution.
RESOLVED FURTHER, the Property will not be sold or leased until applicable terms are approved by the City Council.
1 PASSED, ADOPTED AND APPROVED this 13th day of February, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Approved
DIANA GUERRA SILVA
Mayor
Attest:
JUNE V. BRACAMONTES
CITY CLERK
2 EXHIBIT "A"
For the Meeting of February 16, 2022
CALIFORNE
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Dodd, City Attorney
Subject: Adoption of Resolution No. 2023-09 Declaring APN 375-040-36T Surplus
Attachments: Resolution No. 2023-09
RECOMMENDATION:
Staff recommends that the Council adopt Resolution 2023-09 declaring the City-owned property APN 375-040-36T to be surplus property.
BACKGROUND:
The Property at issue a City-owned property with the APN 375-040-36T. The property is currently vacant.
Prior to the sale of property, the Council must declare the property surplus, and the City must satisfy surplus property requirements of the Surplus Property Act (SLA) (Government Code Section 54220, et seq.). One (1) mandate requires the City to provide a written notice of availability (NOA) to housing, park-open space, and school agencies and to "housing sponsors" informing them of an opportunity to purchase the property.
The notified parties must be given sixty (60) days to respond to the NOA if they are interested in purchasing or leasing the property. Following the sixty (60) day notice period, if no notified party expresses an interest in the property, the City may negotiate sales terms with a private party.
Prepared by: City Attorney. Approved by: Megan Dodd
REVIEW: City Manager: _ Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED
NO ACTION
Consent
Public Hearing
Info Item
X Action Item Matter Initiated by a Council Member
Other
Department Report
Continued to:
Redevelopment Agency
Pursuant to Government Code Section 54230.5(b)(1), following the expiration of the sixty (60) notice period and prior to signing a Purchase & Sale Agreement for the property, the City must provide to the California Dept. of Housing and Community Development (HCD) a description of the NOA and negotiations conducted by the City. A copy of the Purchase & Sale Agreement negotiated with an interested party must be provided to HCD for review. The statute gives HCD thirty (30) days to review the information and material.
The City may sell the property once HCD grants its approval or HCD fails to notify the City of a violation during the thirty (30) day review period.
Under Government Code Section 54230.5(a)(1), failure by the City to satisfy SLA requirements will result in a penalty of thirty percent (30%) of the final sales price for the first (191) violation and a fifty percent (50%) penalty for each subsequent violation.
By adopting Resolution 23-_, the Council will declare the property surplus and will direct the City Manager to send the required NOA to housing, park-open space, and school agencies and to "housing sponsors." The Resolution further directs the City Manager to negotiate sales terms with an agency or "housing sponsor" responding to the notice or, if no agency or "housing sponsor" responds, with a private party. The City Manager will submit the negotiated terms to the City Council for consideration and approval at a future meeting. The property will not be sold until the Council approves the sales terms.
Pursuant to Section 15312 of the California Environmental Quality Act Guidelines (CEQA), the sale of surplus government property is considered exempt from further environmental review
FISCAL IMPACT:
None.
CONFLICT OF INTEREST:
None.
•
RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ORANG COVE, CALIFORNIA, DECLARING THE PROPERTY APN 375-040-36T
TO BE SURPLUS PROPERTY
WHEREAS, the City of Orange Cove ("City") owns the following Property: APN 375- 040-36T ("Property"); and
WHEREAS, the Property is more particularly described in the attached Exhibit "A," which is incorporated herein by reference; and
WHEREAS, the City no longer has a need for the Property.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Orange Cove hereby declares the Property to be surplus.
RESOLVED FURTHER, the City Manager is hereby authorized and directed to send a Notice of Availability (NOA) to public agencies and housing sponsors in the manner required by Government Code Section 54222.
RESOLVED FURTHER, the City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale of lease of the Property with any public agency or housing sponsor that responds to the NOA and expresses an interest in the Property.
RESOLVED FURTHER, if no agency or housing sponsor that receives the NOA desires to purchase or lease the Property ot if the City is unable to successfully nogotiate a sale or lease with an interested agency or housing sponsor, the City Manager is hereby authorized and directed to negotiate the sale of the Property to a private party.
RESOLVED FURTHER, the City Manager is directed to provide the Council, for its review and approval, those terms that the City Manager negotiates in accordance with this Resolution.
RESOLVED FURTHER, the Property will not be sold or leased until applicable terms are approved by the City Council.
1 PASSED, ADOPTED AND APPROVED this 13th day of February, 2023 by the following vote:
AYES:_
NOES:_
ABSTAIN:
ABSENT:
Approved
DIANA GUERRA SILVA
Mayor
Attest:
JUNE V. BRACAMONTES
CITY CLERK.
2 EXHIBIT "A"