Orange Cove City Council
August 27, 2025

ORANGE COVE CITY COUNCIL

REGULAR COUNCIL MEETING
Wednesday, August 27, 2025
6:30 PM
City of Orange Cove Council Chambers
633 6th St.

Orange Cove, CA 93646
ZOOM Information
https://us06web.z0om.us/j/84315751049?pwd=DtqOeMqdM7jmqhhYBoQoKyZyrzYAug.1 Meeting ID: 843 1575 1049
Passcode: 269257

1. CALL TO ORDER/WELCOME
Roll Call
Invocation
Pledge of Allegiance

2. CONFIRMATION OF AGENDA

3. CONSENT CALENDAR
(All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE.

For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can then approve the remainder of the consent calendar.

3.a. Minutes of August 13, 2025, Special Meeting Cisneros of the Orange Cove City Council

3.b.Minutes of August 13, 2025, Regular Meeting Cisneros of the Orange Cove City Council

3.c. Approval of Settlement Agreement. Staff recommends that City Attorney City Council approves the Settlement Agreement and Release of All Claims between the City of Orange Cove and Nuria Velicescu.

3.d. Approval of City Manager Contract. Staff recommends that City Attorney City Council approves the City Manager Contract between the City and Samuel Escobar.

4. PRESENTATION

4.a. Administration of Oath of Office to City Manager Samuel Escobar.

Oath of Office to be administered by City Clerk.

5. PUBLIC COMMENT
Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Public members shall limit their remarks to three (3) minutes and no more than 15 minutes per topic.

6. PUBLIC HEARING

6.a. SUBJECT: Consideration and Necessary Action on the Second Patlan Reading and Adoption of Ordinance No.401 Amending Chapter

16.32, Title 16 of the Orange Cove Municipal Code.

RECOMMENDATION: Adopt Ordinance No. 401, An Ordinance of the City Council of the City of Orange Cove Amending Chapter 16.32, Title 16 of the Orange Cove Municipal Code requiring new residential subdivisions to develop green and open space.

7. STAFF COMMUNICATIONS: Informational Only Escobar

8. ORANGE COVE FIRE PROTECTION DISTRICT Fire Chief
SUBJECT: Department Report by
Orange Cove Fire Protection District
RECOMMENDATION: Informational Only

9. CITY MANAGER'S REPORT

10. CITY ATTORNEY'S REPORT

11. CITY COUNCIL COMMUNICATIONS

12. CLOSED SESSION
A closed session is needed to discuss the following matter:

12.a. Public Employment (§ 54957)
Title: Interim City Manager

13. ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing notice was posted in accordance with the applicable legal requirements. Dated this 22nd day of August 2025.

Cynthia Cinemas
Cynthia Cisneros, City Clerk
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. 213. 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 the front counter at City Hall, 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 conducting 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.

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, (i) 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 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.

З.а.

ORANGE COVE CITY COUNCIL

SPECIAL MEETING MINUTES
August 13, 2025
The Special Meeting of the Orange Cove City Council was called to order by Mayor Guerra-Silva at 6:00 PM on Wednesday, August 13, 2025, at the Orange Cove Council Chambers located at 633 6th Street, Orange Cove, California.

ROLL CALL

COUNCIL MEMBERS PRESENT
Mayor Guerra-Silva, Council Members Rodriguez and Del Bosque

COUNCIL MEMBERS ABSENT
Mayor Pro Tem Garcia and Council Member Ortiz

INVOCATION
Mayor Guerra-Silva

PLEDGE OF ALLEGIANCE
Council Member Rodriguez

CONFIRMATION OF AGENDA
No changes to the agenda.

PUBLIC COMMENT
There were no public comments.

REGULAR BUSINESS
A. Subject/Approval- A fee waiver request by California Public Utilities Commission for the use of the Orange Cove Community Center on August 25, 2025.

Interim City Manager Dominguez addressed the council.

Council Member Rodriguez moved, and Council Member Del Bosque seconded to approve a fee waiver request by California Public Utilities Commission for the use of the Orange Cove Community Center on August 25, 2025.

AYES: 3 COUNCIL MEMBERS: Rodriguez, Del Bosque, Guerra-Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Garcia, Ortiz
ORANGE COVE CITY COUNCIL SPECIAL MEETING- AUGUST 13, 2025

ADJOURNMENT
There being no further business, the meeting was adjourned at 6:03 PM.

Respectfully submitted,
Cynthia Cisneros, City Clerk Diana Guerra-Silva, Mayor

3.6. ORANGE COVE CITY COUNCIL

REGULAR MEETING MINUTES
August 13, 2025.

The Regular Meeting of the Orange Cove City Council was called to order by Mayor Guerra-Silva at 6:30 PM on Wednesday, August 13, 2025, at the Orange Cove Council Chambers located at 633 6' Street, Orange Cove, California.

ROLL CALL

COUNCIL MEMBERS PRESENT
Mayor Guerra-Silva, Council Members Del Bosque and Rodriguez

COUNCIL MEMBERS ABSENT
Mayor Pro Tem Garcia and Council Member Ortiz

INVOCATION
Mayor Guerra-Silva

PLEDGE OF ALLEGIANCE
Council Member Rodriguez

CONFIRMATION OF AGENDA
No changes to the agenda.

Council Member Ortiz arrived at 6:32 PM.

PUBLIC COMMENT
Tyshon Johnson-Jiu Jitsu Instructor with Silva BJJ-Orange Cove. provided an update to the council and introduced some of his wrestlers during the council meeting.

CONSENT CALENDAR
Council Member Ortiz moved, and Council Member Rodriguez seconded to accept, approve, and adopt all items listed under the Consent Calendar.

AYES: 4 COUNCIL MEMBERS: Ortiz, Rodriguez, Del Bosque, Guerra-Silva NOES: O COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Garcia
A. Minutes of July 09, 2025, Regular Meeting- Approved
of the Orange Cove City Council
B. Minutes of July 18, 2025, Special Meeting - Approved of the Orange Cove City Council
C. Minutes of July 23, 2025, Special Meeting- Approved
of the Orange Cove City Council
D. Minutes of July 23, 2025, Regular Meeting - Approved of the Orange Cove City Council
ORANGE COVE CITY COUNCIL REGULAR MEETING- AUGUST 13, 2025 E. Warrant Register July 2025 - Approved
F. Accept Improvements; SB1 - 6*h Street Resurfacing
(Adams Ave. to "C" St.). Staff recommends the City Council accept the subject project as completed and authorize the City Engineer to file a Notice of Completion for the "SB 1 - 6th Street Resurfacing (Adams Ave. to "C" St.)" project. The project was successfully completed by Don Berry Construction, Inc. per the terms of the contract on May 19, 2025.- Approved
G. Re-Acceptance of property dedication from Efrain Yanez Construction, Inc to support; 1) Future / Proposed Development of Monson Track Sub-Division (Track 6469), and 2) Facilitate Water System Improvements associated with the Construction of new City Well / 1.0 Mgal. Storage Tank Site. Staff recommends the City Council accept the subject property easement dedication associated with a portion of APN 398-021-07 totaling + 19,730 SF. The offer of dedication is being made by Efrain Yanez Construction, Inc. (EYC) for the purposes of right-of- way procurement for public streets and utilities. Council approval will correct a procedural error encountered during the recording process. Upon acceptance of the dedication, the corrected easement dedication documents will be recorded with Fresno County Accessors office. - Approved H. Accept Improvements; CMAQ Alley Paving 2024-25.

Staff recommends the City Council accept as completed
and authorize the City Engineer to file a Notice of Completion f for the "CMAQ Alley Paving 2024-25" project, The project was successfully completed by Toasted Asphalt, Inc. per the terms of the contract on July 3, 2035.- Approved

REGULAR BUSINESS
A. SUBJECT/DISCUSSION: Orange Cove High School Football Players Assisting with Alley Clean-Up Efforts. Explore the opportunity for collaboration between the City of Orange Cove and the Orange Cove High School football team, with the student-athletes volunteering to help clean up local alleys as part of a community service initiative.

Council Member Del Bosque addressed the council, city attorney, and city administration, presenting information on establishing a community service program in partnership between the high school and the City of Orange Cove.

Mayor Pro Tem Garcia arrived at 6:45 PM.

STAFF COMMUNICATIONS
City Engineer Howard
• Provided updates on the City of Orange Cove Capital Improvement Projects (CIP)
A mural, created by a former Orange Cove High School student was displayed.

Chief of Police Pena
• The police confiscated firearms in the month of July
• Movie Night on Friday was a good turnout-thank you to the fire depart and staff • National Night Out is scheduled for October 7th
ORANGE COVE CITY COUNCIL REGULAR MEETING- AUGUST 13, 2025

ORANGE COVE FIRE PROTECTION DISTRICT
Fire Chief Hernandez
• Reported on the fires/calls for the month of July
• Three fire engines and nine people deployed to the Gifford Fire (San Luis Obispo County).

They return on Monday and a new crew will replace them.

INTERIM CITY MANAGER'S REPORT
• Awarding the Water and Rate Study in the next council meeting; received four bids • Waiting to hear back from Congressman Costa's office regarding funding for the new police station. • Fall cleanup is scheduled for Saturday, October 4th.

CITY ATTORNEYS REPORT
Nothing to report.

CITY COUNCIL COMMUNICATIONS
Council Member Rodriguez
• School is back in session
Council Member Garcia
• The backpack giveaway was a successful and well-attended event. Senator Anna Caballero was present.

Council Member Ortiz
• Provide an update on the Hispanic Heritage Day Event on September 13". Provided details for the event.

She also provided information about the Halloween Event and incorporating a Trunk or Treat. • A big thank you to Joe and the Public Works Department for all their hard work on the "O" on the mountain. We are also grateful for the generous donations received.

Council Member Del Bosque
• Taking pride in the positive events and progress happening in our community.

Mayor Guerra-Silva
• She thanked God, staff and the community. The backpack giveaway was a success and the presence of Senator Anna Caballero. Also present was SoCal Gas, Confia, Precision Engineering and the Boys and Girls Club. She thanked the police and fire department for the movie night in the park. She shared her recent visit with the Mexican Consulate.

CLOSED SESSION
The City Council recessed to Closed Session to discuss the following:

A. Public Employment (§ 54957)
Title: Interim City Manager
B. Public Employment (§ 54957)
Title: City Manager
Reconvene to Open Session:

City Attorney Crouch reported one action. The City Council voted 5-0 to appoint Samuel Escobar as City Manager at an annual salary of $165,000. A formal contract will be presented at the next regular meeting on August 27th.

ADJOURNMENT There being no further business, the meeting was adjourned at 7:45 PM.

Respectfully submitted,
Cynthia Cisneros, City Clerk Diana Guerra-Silva, Mayor
3 •C•
For the Meeting of August 27, 2025

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Crouch, City Attorney
Subject: Approval of City Manager Contract
Attachments: Settlement Agreement and Release of All Claims RECOMMENDATION:

Staff recommends that City Council approve the Settlement Agreement and Release of All Claims between the City of Orange Cove and Nuria Velicescu.

BACKGROUND:

Nuria Velicescu was formerly employed by the City of Orange Cove as the Finance Director, an at-will position. Her employment with the City concluded on January 12, 2024.

On May 29, 2024, Ms. Velicescu filed a lawsuit against the City in Fresno County Superior Court, Case No. 24CECG02311 (the "Lawsuit"). The Lawsuit asserted various claims, including:
• Sex Discrimination, Harassment, and Retaliation in violation of the FEHA. • Disability Discrimination, Failure to engage in a timely, good-faith interactive process, and Failure to provide a reasonable accommodation, all in violation of the FEHA. • Violations of Labor Code sections 233, 1102.5, and 1197.54.

The City categorically denies any and all of the claims and allegations made by Ms. Velicescu However, to avoid incurring significant and potentially additional litigation expenses, counsel for the City is recommending the City enter into this Settlement Agreement and General Release (the "Agreement"). This Agreement is intended to provide a full, complete, and final settlement for all Prepared by: City Attorney. Approved by: Megan Crouch
REVIEW: City Manager: Finance: City Attorney: _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing
Info Item Matter Initiated by a Council Member
Department Report Other
Redevelopment Agency Continued to:
claims, known or unknown, that Ms. Velicescu may have had against the City.

The material terms of the Agreement are as follows:
• Settlement Proceeds: The City shall pay Ms. Velicescu a total sum of One Hundred Seventy- Five Thousand Dollars and Zero Cents ($175,000.00) (the "Settlement Proceeds") This amount is allocated as follows:
• $83,000.00 payable to Nuria Velicescu for emotional distress damages. • $25,000.00 (gross) payable to Nuria Velicescu for lost wages, subject to applicable withholdings and employment taxes.
• $67,000.00 payable to Peter Sean Bradley, Ms. Velicescu's attorney, for attorney's fees. • Dismissal of Lawsuit: Upon execution of the Agreement, Ms. Velicescu will withdraw and cause to be dismissed with prejudice all complaints, charges, or claims against the City. • No Admission of Liability: The Agreement specifically states that it is not an admission by the City of any unlawful or wrongful acts or liability.
• Non-Disparagement: Ms. Velicescu agrees not to disparage the City, defined as communicating false information or information with reckless disregard for its truth or falsity. • Attorney's Fees and Costs: Each Party will bear their own costs, expenses, and attorneys' fees incurred in connection with the proceedings, except as specifically provided within the Agreement.

FISCAL IMPACT:

The total payment sum for the Settlement Agreement is $175,000.00. This payment will be made by the Employment Risk Management Authority (ERMA) within thirty (30) days of the Agreement's final execution and satisfaction of conditions. The City avoids incurring significant additional litigation expenses by entering into this settlement. Additionally, the funds will come directly from ERMA, therefore, there is no impact to the City's general fund CONFLICT OF INTEREST:

None.

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and General Release ("Agreement") is entered into between the CITY OF ORANGE COVE ("CITY"), its past or present council members, directors, governing body, employees, agents, predecessors, attorneys, divisions, departments, representatives, insurers, successors in interest and assigns, and all persons acting by, through, under or in concert with any of them (collectively, the "EMPLOYER"), on the one hand, and NURIA VELICESCU ("PLAINTIFF") on the other. EMPLOYER and PLAINTIFF are collectively referred to as the "Parties" or individually as a "Party" with reference to the following:

RECITALS
A. PLAINTIFF was employed by CITY as the Finance Director pursuant to an "at- will" employment agreement;
B. PLAINTIFF's employment with the CITY ended on January 12, 2024; PLAINTIFF filed a complaint with the California Civil Rights Department ("CRD") against CITY (hereinafter "Administrative Charges"), alleging that she faced harassment, discrimination, and retaliation based on her gender, disability, and/or protected activity, and the CRD issued PLAINTIFF a Right to Sue notice dated April 3, 2024; D. On May 29, 2024, PLAINTIFF filed a lawsuit against CITY in Fresno County Superior Court, Case No. 24CECG02311 (hereinafter "Lawsuit"), alleging: (1) "Sex Discrimination in violation of the FEHA based on sex;" (2) "Harassment in violation of the FEHA based on sex;" (3) "Retaliation in violation of the FEHA;" (4) "Violation of Labor Code §233;" (5) "Disability Discrimination in violation of the FEHA;" (6) "Failure to engage in timely, good- faith, interactive process;" (7) "Failure to provide a reasonable accommodation;" (8) "Retaliation in violation of Labor Code §1102.5;" and (9) "Violation of Labor Code § 1197.5," and seeking damages for lost earnings and benefits and emotional distress; E. CITY categorically denies any and all of the claims and allegations asserted by PLAINTIFF against the CITY but has been forced or may be forced to incur significant fees and costs as a result of PLAINTIFF's Lawsuit and therefore wishes to avoid incurring any additional litigation expenses;
F. This Agreement is intended to be a full, complete and final settlement of each and every claim, cause of action, appeal, or liability, whether known or unknown, PLAINTIFF may have or may have had against EMPLOYER prior to and through the date PLAINTIFF executes this Agreement, including, but not limited to, the Lawsuit and any other claims by PLAINTIFF arising out of, or in any way related to PLAINTIFF's employment with the CITY and/or separation from such employment.

NOW THEREFORE, and in consideration for the promises contained herein, and other good and valuable consideration, receipt of which is acknowledged by the execution of this Agreement, and to avoid unnecessary litigation, it is agreed by and between the Parties as follows:
1 130040465 OR010-013
I. WAIVER AND RELEASE
A. No Admission of Liability. This Agreement and compliance with Agreement shall not be construed as an admission by the EMPLOYER of any unlawful or wrongful acts or other liability whatsoever, or as an admission by the EMPLOYER of any violation of the rights of PLAINTIFF or any person. The CITY specifically disclaims any liability to, or wrongful acts against, PLAINTIFF. This AGREEMENT cannot be used by PLAINTIFF or any other person to demonstrate any admission of liability on the part of the EMPLOYER.

B. Plaintiff's Release of Claims. PLAINTIFF hereby and forever releases and discharges EMPLOYER, and any past and/or present parent, subsidiary and/or affiliated entities, as well as any past and/or present direct or indirect successors, officers, officials, current and former directors, current and former trustees, heirs, predecessors, assigns, agents, insurers, employees, lay volunteers or representatives, attorneys and representatives, of each and every party, and each of them, past and present ("Releasees"), from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected or not suspected to exist, anticipated or not anticipated, whether or not it has been brought before any state or federal court or before any state or federal agency or other governmental entity, including, but not limited to, all of PLAINTIFF's claims arising from or related or attributable in whole or in part to PLAINTIFF's employment relationship with EMPLOYER, whenever those claims may have occurred.

PLAINTIFF understands and agrees that this Agreement extends to all disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, past, present or future, arising from or attributable to the above-referred matters and disputes. PLAINTIFF understands and expressly agrees that this Agreement also extends to any other matter, event or claim occurring prior to the date of execution of this Agreement.

PLAINTIFF understands and agrees that she is waiving any rights she has, may have had, or may have, to pursue any and all remedies available to her under any employment-related or other cause of action against Releasees, including, without limitation, any claims for discrimination, harassment and/or retaliation, claims under the California Fair Employment and Housing Act (California Government Code section 12900, et seq.), the California Family Rights Act (California Government Code section 12945.2), the Unruh and George Civil Rights Acts (California Civil Code section 51, et seq.), all provisions of the California Labor Code and any wage orders or similar directives or authorities issued by any federal or state authority having enforcement powers, the Constitution of the United States, the Constitution of the State of California, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.), the Age Discrimination in Employment Act (29 U.S.C. § 621, et seq.), the Equal Pay Act (29 U.S.C. § 206(d)), the Fair Labor Standards Act (29 U.S.C. § 201, et seq.), the Family and Medical Leave Act (29 U.S.C. § 2601, et seq.), the Employment Retirement Income Security Act of 1974(29 U.S.C. § 1001, et seq.), Sections 1981-88 of Title 42 of the United States Code (42 U.S.C. § 1981, et seq.), the American with Disabilities Act (42 U.S.C. § 12101, et seq.), claims of retaliation or whistle-blowing (including, but not limited to, California Labor Code section 1102.5, et seq. and Government Code section 12653), claims for breach of any type of contract, including written, oral or implied and, including, but not limited to the Contract, breach of any covenant, promise or

13004046.5 OR010-013
representation pertaining to PLAINTIFF's employment, whether expressed or implied, and all other claims arising in contract, tort or equity or under any other statute, whether federal, state or local, up to the date of execution of this Agreement.

This Agreement does not limit PLAINTIFF's ability to bring an administrative charge with an administrative agency, but PLAINTIFF expressly waives and releases any right to recover any type of personal relief from the EMPLOYER, including monetary damages or reinstatement, in any administrative action or proceeding, whether state or federal, and whether brought by PLAINTIFF or on PLAINTIFF's behalf by an administrative agency, related in any way to the matters released herein. Furthermore, nothing in this Agreement prohibits PLAINTIFF from reporting possible violations of law or regulation to any government agency or entity, including, but not limited to, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Department of Labor and/or the Department of Justice, or making other disclosures that are protected under the whistleblower provisions of law.

PLAINTIFF does not need prior authorization from the EMPLOYER to make any such reports or disclosures and is not required to notify the EMPLOYER that she has made such reports or disclosures.

C. Civil Code Section 1542 Waiver. The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

The Parties hereby expressly waive the provisions of California Civil Code section 1542 and further expressly waive any right to invoke said provisions now or at any time in the future.

2. The Parties recognize and acknowledge that factors which have induced each of them to enter into this Agreement may turn out to be incorrect or different from what they had previously anticipated, and they hereby expressly assume any and all of the risks thereof and further expressly assume the risks of waiving the rights provided by California Civil Code section 1542.

D. Age Discrimination in Employment Act Waiver and Release. The Age Discrimination in Employment Act of 1967 ("ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act ("OWBPA"), 29 USC. §§ 626, et. seq. further augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, PLAINTIFF acknowledges that she is knowingly and voluntarily, for just compensation in addition to anything of value to which PLAINTIFF is already

13004046.5 OR010-013
entitled, waiving and releasing any rights she may have under the ADEA and/or OWBPA.

PLAINTIFF further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

1. This waiver/release is written in a manner understood by PLAINTIFF.

2. PLAINTIFF is aware of and has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA, or similar age discrimination laws.

3. PLAINTIFF is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement, and the waiver and release of any rights she may have under the ADEA, the OWBPA, or similar age discrimination laws, but she may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the twenty- one (21) days.

4. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the date this Agreement takes effect.

PLAINTIFF was advised and by this Agreement is advised in writing that she should consult with an attorney prior to executing this Agreement PLAINTIFF has had an opportunity to discuss this waiver and release with, and to be advised regarding this Agreement, by an attorney of her choice, and does not need any additional time within which to review and consider this Agreement.

6. PLAINTIFF has seven (7) days following her execution of this Agreement to revoke the Agreement by submitting a written revocation addressed to and received by Liebert Cassidy Whitmore, 400 Capitol Mall, Ste. 1260, Sacramento, CA 95814.

7. PLAINTIFF knowingly and voluntarily agrees to all of the terms set forth in this Agreement and knowingly and voluntarily intends to be bound by those terms.

PLAINTIFF ACKNOWLEDGES BY HER SIGNATURE TO THIS

AGREEMENT THAT SHE FULLY UNDERSTANDS HER RIGHT TO

DISCUSS THIS WAIVER WITH LEGAL COUNSEL, AND HAS

CAREFULLY READ AND FULLY UNDERSTANDS THE WAIVER, AND

THAT SHE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS

THAT SHE HAS OR MAY HAVE UNDER THE AGE DISCRIMINATION

IN EMLOYMENT ACT, THE OLDER WORKERS BENEFIT

PROTECTION ACT, AND ANY OTHER LAWS PROHIBITING AGE

13004046.5 OR010-013

DISCRIMINATION IN EMPLOYMENT ARISING FROM OR RELATED

TO OR ATTRIBUTABLE TO THE PARTIES' ALLEGATIONS OR
CLAIMS.

E. No Reinstatement. PLAINTIFF hereby expressly waives any and all claims now and forever that she has or may have for reinstatement to her position with the EMPLOYER.

PLAINTIFF further agrees that she will not seek or maintain employment, independent contractor status, or any other business relationship with the EMPLOYER in any position or capacity whatsoever and that the EMPLOYER is entitled to reject, with or without cause, any application for employment or agreement for independent contractor status or any other business relationship with the EMPLOYER made by PLAINTIFF. PLAINTIFF further agrees that any rejection of any such application or offer is not for a discriminatory or any other illegal purpose. PLAINTIFF further agrees that this Agreement constitutes a legitimate, non-discriminatory, non-retaliatory business reason for any and all refusals by the EMPLOYER to employ her at the EMPLOYER in any capacity.

F. Effective Date. The Effective Date of this Agreement shall be the last date on which all of the following occurs: all Parties have signed this Agreement, and the seven-day revocation period has expired without receipt of any revocation, as set forth in section I(D)(6) above.

Representation of No Pending Claims. PLAINTIFF represents that, other than the claims described herein, she has not filed any lawsuits, complaints, appeals, claims, applications or charges against the EMPLOYER or any related persons or against any of its or their past or present officers, directors, governing bodies, elected officials, employees, agents, predecessors, attorneys, divisions, affiliates, representatives, successors-in-interest and assigns, and/or all persons acting by, through, under, or in concert with any of them, with any state or federal court, or local, state or federal agency, or administrative or quasi-administrative tribunal or person, based on any events occurring on or prior to the date of execution of this Agreement.

Il. PAYMENT AND DISMISSAL
The Parties agree that upon execution of this Agreement, the Parties shall perform the following acts:

A. Immediately upon executing this Agreement, PLAINTIFF will withdraw in writing and cause to be dismissed with prejudice in its entirety any and all complaints, charges or claims against EMPLOYER, regardless of whether they are specifically referred to herein.

B. PLAINTIFF's counsel shall sign and forward to the CITY's attorneys, Liebert Cassidy Whitmore, Liebert Cassidy Whitmore, 400 Capitol Mall, Ste. 1260, Sacramento, CA 95814, a request for dismissal of the Lawsuit with prejudice. Liebert Cassidy Whitmore shall not file the dismissal until payment of the Settlement Proceeds, described in Section II(C) below. The payment of Settlement Proceeds is contingent on Liebert Cassidy Whitmore's receipt of the request for dismissal with prejudice of the Lawsuit.

13004046.5 OR010-013
C. CITY shall pay to PLAINTIFF the total sum of One Hundred Seventy-Five Thousand dollars and zero cents ($175,000.00) (the "Settlement Proceeds") to be paid as directed below:

1. A check for Eighty Three Thousand dollars and zero cents ($ 83,000) shall be made payable to "Nuria Velicescu" as emotional distress damages for alleged injuries, to be reported on Form 1099 and or W2s as required by law.

A check for lost wages made payable to Nuria Velicescu in the gross amount of Twenty-Five Thousand dollars and zero cents ($25,000) less applicable withholdings and employment taxes. EMPLOYER will issue applicable W-2 Form(s) for this payment to PLAINTIFF.

A check for Sixty-Seven Thousand dollars and zero cents ($67,000) made payable to Peter Sean Bradley for attorney's fees, to be reported on Form 1099 and W2s as required by law.
ci PLAINTIFF and her counsel, Peter Sean Bradley, shall deliver Form W-9s to CITY prior to any delivery of the Settlement Proceeds.

The payment of the Settlement Proceeds shall be made by the Employment Risk Management Authority ("ERMA") within thirty (30) days of the final execution of this Agreement, provided that: all signatories have approved the Agreement; Bradley & Brown have tendered the signed request for dismissal; and both PLAINTIFF and Peter Sean Bradley have provided completed Form W-9s prior to payment.

D. Within seven (7) calendar days after receiving the Settlement Proceeds, PLAINTIFF's counsel shall sign and file a Request for Dismissal with Prejudice of the Lawsuit.

PLAINTIFF agrees to fully comply with applicable state laws, the California Rules of Court, and Fresno Superior Court Local Rules pertaining to the dismissal of the Lawsuit with prejudice.

III. GENERAL PROVISIONS
A. Approval by Governing Bodies. The Parties understand and agree that this Agreement is contingent upon approval by the: 1) Orange Cove City Council ("City Council") and 2) the Board of Directors of the Employment Risk Management Authority ("Board") and will not become effective and enforceable unless and until both the City Council and the Board approve the Agreement.

No Representation of Tax Liabilities. No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The EMPLOYER does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. PLAINTIFF agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. PLAINTIFF agrees to indemnify and hold

13004046.5 OR010-013
the EMPLOYER and all Releasees harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. PLAINTIFF and her counsel each agree to be jointly and severally liable for indemnifying and holding EMPLOYER, its agents, attorneys, and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between PLAINTIFF and her counsel.

D. Each Party to Bear Own Fees and Costs. Aside from what is specifically provided for in this Agreement, each Party shall bear own costs, expenses, and attorneys' fees incurred in connection with the proceedings and/or events resulting in and/or preceding this Agreement, or in connection with any other claims made or investigated by either Party against the other in any forum (civil, criminal, administrative, or quasi-administrative), and each of the Parties hereto expressly waives any claim for recovery of any such costs, expenses or attorneys' fees from the other Party. Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorney's fees from the opposing Party or Parties.

Neither Party shall be deemed a "prevailing party" by virtue of executing this Agreement.

E. No Prior Assignments. PLAINTIFF represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the EMPLOYER.

F. Enforcement. This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Fresno, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

G. Covenant to Effectuate Agreement. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.

H. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent, or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. It is further understood and agreed that if, at any time, a breach of any term of this Agreement is asserted by any Party hereto, that Party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including, but not limited to, damages.

No Duress or Undue Influence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

13004046.5 OR010-013
J. Consultation with Counsel. The Parties affirm that, prior to execution of this Agreement, they have consulted with their respective legal counsel/representatives concerning the terms and conditions set forth herein, and that they understand the advice provided to them.

K. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect.

L. Interpretation. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties.

M. Severability. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement, and this Agreement shall in all other respects remain unmodified and continue in force and effect.

No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the EMPLOYER under local, state, or federal law, rule, policy or agreement, or to establish a precedent in this or any other matter, now or in the future.

O. Non-Disparagement. PLAINTIFF agrees not to disparage the EMPLOYER. "Disparage" as used herein shall mean any communication, oral or written, of false information or the communication of information with reckless disregard for its truth or falsity.

P. Confidentiality and Disclosure of Terms. Except as disclosed to the Court herein, the Parties each agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily and publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information related to the negotiations of this Agreement that the EMPLOYER may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et seg., the California Public Records Act, Government Code section 7920.000, et seq., or the provisions of any other law or regulation requiring disclosure of information by public entities.

R. Execution of Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND

RELEASE INCLUDES A RELEASE BY PLAINTIFF OF ALL KNOWN AND UNKNOWN CLAIMS.

IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release.

13004046.5 OR010-013
08/19/2025 Nuria Velicescu
Dated: By:

NURIA VELICESCU

CITY OF ORANGE COVE
Dated: By:

DARIO DOMINGUEZ

CITY MANAGER
APPROVED AS TO FORM:
8/19/25 Peter Sean Bradley
Dated: By:

BRADLEY & BROWN
Attorneys for PLAINTIFF
Dated: By:

Paul D. Knothe
Liebert Cassidy Whitmore
Attorneys for EMPLOYER

13004046.5 OR010-013
3, d.

For the Meeting of August 27, 2025

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Crouch, City Attorney
Subject: Approval of City Manager Contract
Attachments: City Manager Contract
RECOMMENDATION:

Staff recommends that City Council approve the City Manager Contract between the City and Samuel Escobar.

BACKGROUND:

At the August 13th City Council Meeting, The City appointed Samuel Escobar to serve as City Manager for the City. This Agreement formalizes that appointment.

The material terms of the Agreement are as follows:
• The contract is for a five-year term.
• Mr. Escobar will be an at-will employee that may be terminated at any time. Mr.

Escobar will have a 6-month probationary period, and after that, would be entitled to 6 months of severance if terminated without cause.

Mr. Escobar's starting salary will be $165,000. There are various salary increases built into the contract should Mr. Escobar receive satisfactory performance reviews.

Prepared by: City Attorney. Approved by: Megan Crouch
REVIEW: City Manager: Finance: City Attorney:

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

Redevelopment Agency
FISCAL IMPACT: None. Mr. Escobar's salary is less than the previous permanent City Manager's salary.

CONFLICT OF INTEREST:

None.

CITY OF ORANGE COVE

AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
This Employment Agreement ("Agreement") is made and entered by and between the City of Orange Cove ("CITY"), a general law city, and Samuel A. Escobar ("EMPLOYEE").

RECITALS
WHEREAS, the CITY desires to employ Samuel A. Escobar, as City Manager for the City of Orange Cove in accordance with applicable provisions of the Orange Cove Municipal Code and the terms of this Agreement; and
WHEREAS, EMPLOYEE desires to be employed as at-will City Manager for the CITY in accordance with applicable provisions of the Orange Cove Municipal Code and the terms of this Agreement; and
WHEREAS, it is the desire of the CITY to provide certain benefits and establish certain terms and conditions of EMPLOYEE'S employment on an at will basis as City Manager through this Agreement.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants herein contained, the parities agree as follows:

TERMS

1. Appointment of City Manager
The City Council hereby appoints Samuel A. Escobar (hereafter "EMPLOYEE") to the position of City Manager in and for the City of Orange Cove, California. EMPLOYEE hereby accepts such appointment under the terms and conditions of this Agreement.

2. Entire Agreement
This Agreement contains the entire agreement by and between the CITY and EMPLOYEE and fully supersedes any and all resolutions and policies of the CITY with respect to employer-employee matters including but not limited to the Personnel Rules for the City Personnel System, and any prior agreements or understandings, written or oral, with respect to each matter addressed in this Agreement. No other agreements, oral or written, shall be deemed to exist or bind any of the parties hereto. An amendment or modification of this Agreement shall be effective only if in writing, approved as required by law, and signed by CITY and EMPLOYEE. An amendment or modification shall be designated as "Addendum No. _ Agreement for Employment of City Manager." All Recitals in this Agreement are incorporated herein by reference.

3. Term of Agreement
This Agreement will become effective on August 18th, 2025. The term of this Agreement shall be Through August 18th, 2030 unless otherwise sooner terminated by either party with or without cause. Thereafter, the Agreement shall automatically renew annually, unless otherwise terminated by either party with or without cause. During the term of this agreement ESCOBAR shall be a full-time Manager

4. At-Will Employment
EMPLOYEE is an "at-will" employee who shall serve at the sole will, discretion. and pleasure of the City Council. Accordingly, the City Council may terminate EMPLOYEE's employment under this Agreement at any time, with or without cause, for any reason, or for no reason at all. EMPLOYEE may also terminate this Agreement at any time.

Salary, Performance Evaluations, and Benefits
a. SALARY: Upon receipt of satisfactory performance evaluations by the City Council ESCOBAR will receive increases as noted per the timeline and schedule below. Such increases will be awarded, per satisfactory performance evaluation and provided that the City has not declared a financial hardship and/or instituted a city-wide salary freeze.

Per satisfactory Performance Evaluation by the City council ESCOBAR will receive increases on the City Manager Salary Range as note below.

August 18'h 2025 - Beginning Salary: $165,000/yт (Step 1) February 18'h 2026 - 2.5% increase/yr. (Step 2)
111. August 18th 2026 - 2.5% increase /yr. (Step 3)
iv. August 18ih 2027 - 5% increase /yr. (Step 4)
V. August 18'h 2028 - 5% increase /yr. (Step 5)
vi. August 18th 2029 5% increase /yr. (Step 6)
The City Council will continue to review EMPLOYEE'S performance after the first year and throughout the life of the Agreement. The City Council will consider salary and benefit modifications based on employee's performance and as CITY finances may allow. It is understood by both parties that any Cost of Living Adjustments or across the board increases given to other non-represented City employee classifications could amend this chart and will also be applicable to ESCOBAR.

C. Benefits. In addition to the annual base salary described above, the CITY agrees to provide the following to EMPLOYEE in consideration for the services provided pursuant to this Agreement:
(i) Vacation. EMPLOYEE shall accrue vacation at a rate of eight hours for each full calendar month of service up to a maximum accrual of two hundred Eighty-Eight hours. When EMPLOYEE reaches the maximum accrual, he shall cease earning vacation leave until the balance falls below the maximum accrual. The purpose of vacation leave is to enable EMPLOYEE to return to work mentally and physically refreshed.

Escobar will begin employment with 96 hours (12 days) accrued vacation. (ii) Sick Leave. EMPLOYEE shall accrue sick leave at a rate of eight hours for each full calendar month of service up to a maximum accrual of two hundred Eighty-Eight hours. When Employee reaches the maximum accrual, he shall cease earning sick leave until the balance falls below the maximum accrual. EMPLOYEE shall be allowed to use sick leave for a personal illness or the illness of an immediate family member.

Immediate family member under this section means the employee's spouse, domestic partner, children, mother, or father.
(iii) Retirement. EMPLOYEE shall be eligible for CalPERS retirement benefits under the Miscellaneous Plan. Under that plan, there is an employer contribution rate and an employee contribution rate. The CITY shall pay its required employer contribution. The employee contribution rate is set by CaPERS and City agrees to pay employee contribution per CaPERS employee rate.
(iv) Health. EMPLOYEE shall be eligible to participate in the same medical, dental and vision plans that may be offered to employees. (v) Life Insurance. CITY shall provide EMPLOYEE with Life Insurance Coverage in the amount of $50,000.
(vi) Bereavement Leave. EMPLOYEE shall be entitled to take three days of bereavement leave for members of his immediate family. (vii) Leave Required By Law. Notwithstanding any other provision in this Agreement, to the extent not already provided for under current leave policies and provisions, EMPLOYEE shall be entitled to take any leave as may be required by state or federal law including but not limited to Family Care Leave, FMLA, CFRA, Military Leave, Jury Duty, and School Related Leave for children in kindergarten or grades 1 through 12. (vili) Holiday Leave. EMPLOYEE shall be entitled to holiday leave for holidays observed by CITY.

After EMPLOYEE completes one
A Sinis LLOYEE shall
Administrative Leave. Each fiscal year, EMPLOYEE may use Administrative Leave as time off or may cash out up to 80 hours of Administrative leave at any time during the year. Administrative Leave not taken or compensated during the fiscal year in which it is credited shall not be added to any such leave granted in a following year, nor shall it be carried over.
3 (x) Professional Dues. CITY shall pay professional dues for EMPLOYEE'S participation in ICMA and the League of California Cities. (XI) Computer Equipment. To ensure that EMPLOYEE has the necessary tools available to perform his duties, EMPLOYEE is authorized to process through City procedures the purchase of computer-related equipment for up to $2,000.00

6. CITY COUNCIL COMMITMENTS.
a. 5.1 Subordinates. Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the City Manager or the City Manager's designee, and neither the City Council nor any member thereof shall give direction to any subordinate of the City Manager, either publicly or privately. b. No 5.2 Appointment/Removal. No member of the City Council will order or pressure the City Manager to appoint or remove any person to any office or employment under the supervision and control of the City Manager. c. 5.3_Interference. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager, as specified in the City's Municipal Code, this Agreement, or any other lawfully adopted and authorized document.
d. 5.4_ Direction and Authority. The City Manager shall take orders and instructions from the City Council only when it is sitting as a body in a lawfully held meeting. Nothing above shall be construed as restricting the ability of the City Council, when sitting as a body in a lawfully held meeting, from exercising any power or authority granted to it under state law or the City's Municipal Code.

7. Duties and Responsibilities
a. EMPLOYEE shall commence his duties no later than August 11th, 2025.

EMPLOYEE shall not receive any compensation and benefits until he has commenced his duties as the full-time City Manager for the CITY. EMPLOYEE shall also be deemed to be the Executive Director of the Successor Agency to the Orange Cove Redevelopment Agency.

EMPLOYEE shall serve as the City Manager of the City in accordance with the powers, duties and responsibilities set forth in the Orange Cove Municipal Code and California law. EMPLOYEE shall perform the functions and duties specified under the Orange Cove Municipal Code, the ordinances and resolutions of the City, and such other duties and functions as the City Council may from time to time assign.

C. EMPLOYEE agrees to devote his productive time, ability and attention to 4 the CITY'S business. As an exempt employee, Manager shall not receive overtime or extra compensation for work performed outside normal business hours. d. EMPLOYEE shall be responsible to the City Council for the proper administration of all affairs of the City. EMPLOYEE shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement City Council policies.
e. EMPLOYEE shall provide written summary reports to the City Council, at least once monthly, to inform them of the major current activities of the City. The report need not include details or information regarding items that are included or reported on a current City Council meeting agenda.

8. Termination of Employment
a. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from his position with the CITY. EMPLOYEE is requested but not required to give at least forty-five days written notice to the CITY prior to the effective date of resignation.
b. Subject to the provisions of Section 8 of this Agreement, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate this Agreement and the services and employment of EMPLOYEE at any time, at the sole discretion of the City Council with or without cause, for any reason, or for no reason.

C. EMPLOYEE shall receive payment for all accrued unused vacation and administrative leave at the time of his separation from employment and other benefits. d. Termination of ESCOBAR after the Council Election: Council may not terminate ESCOBAR during 6-month period after seating (swearing in of) a new Council.

9. Severance Pay
This severance pay provision in no way changes or modifies EMPLOYEE'S status as an at-will employee. In the event CITY terminates EMPLOYEE'S employment, EMPLOYEE will be entitled to severance pay in an amount equal to six (6) months base salary. In addition, CITY shall provide for a continuation of health insurance benefits which EMPLOYEE is receiving at the time of termination for a period of six (6) months. However, for the first six months of employment, EMPLOYEE will be on probationary status; should the Council decide to terminate EMPLOYEE during that six month period, with or without cause, EMPLOYEE will not be entitled to severance pay or continuation of health benefits. The foregoing severance pay language shall not apply and CITY has no obligation under this Agreement to pay any severance pay in the event EMPLOYEE is terminated for misconduct in office as defined below. The foregoing severance pay language shall not apply and CITY has no obligation under this Agreement to pay any severance amount in the event EMPLOYEE resigns or terminates this Agreement.
5 a. The term "misconduct in office" as used in this Agreement shall mean:
(i) Intentional malfeasance or misfeasance or gross neglect of duty engaged in by EMPLOYEE while carrying out his duties as set forth in the City of Orange Cove Municipal Code; or
(ii) EMPLOYEE'S impairment due to alcohol or other substance abuse which in the reasonable judgment of CITY affects or interferes with, or may interfere with, EMPLOYEE'S performance or capacity to property discharge his duties as set forth in the City of Orange Cove Municipal Code; or
(iii) The commission by EMPLOYEE of a felony or a crime involving moral turpitude (whether or not prosecuted), the charge or indictment of EMPLOYEE by a governmental or prosecutorial authority of the same or the pleading by EMPLOYEE of no contest (or similar plea to the same, whether or not committed in the course of his employment; or
(iv) The commission by EMPLOYEE of any act of dishonesty against CITY or using or appropriating for his personal use or benefit any funds or property of CITY, unless such appropriation was specifically authorized by the City Council.

10. Automobile
City shall purchase a new or slightly used fully electric vehicle with long range battery or Hybrid vehicle for ESCOBAR's Use in lieu of car allowance. City Vehicle will have City insurance provided.

11. Travel and Conferences
The CITY understands that it is to the benefit of the CITY and EMPLOYEE to represent CITY at various conferences of the League of California Cities, including the Annual League Conference, Conferences of City Managers, and other Departments of the League of California Cities and conferences or meetings of Federal, State Committees or commissions upon which the CITY MANAGER serves as a member, and for such other official meetings and/or travel as are necessary for the CITY MANAGER to carry out his professional responsibilities. CITY shall be reimbursed for actual and necessary expenses in accordance with applicable resolutions of the City. This provision shall be subject to unilateral change by the CITY pursuant to CITY budget requirements or needs.

12. General Professional Development
The CITY agrees to provide the City Manager with access to professional development opportunities, including training, courses, conferences and seminars, to enhance their skills and knowledge that are relevant to City operations. The City will cover approved costs not to exceed $7,500 per fiscal year. The City Manager agrees to apply the knowledge gained.

13. Indemnification
The CITY shall defend, hold harmless and indemnify EMPLOYEE against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act of omission occurring in the performance of Manager's duties in accordance with the provisions of California Government Code section 825. The CITY shall provide a defense in accordance with Government Code section 995. The CITY may decline to defend and/or indemnify EMPLOYEE only as permitted by the California Government Code. The CITY may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefrom.

14. Notices
Notices pursuant to this Agreement shall be in writing and served by mailing via the United States Postal Service, first class postage prepaid, addressed as follows:

Mayor and City Council
City of Orange Cove
633 Sixth Street
Orange Cove, California 93646
Samuel A. Escobar
2327 N. Thompson Avenue
Reedley, CA 93654
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of mailing of such written notice, postage prepaid, with the United States Postal Service.

15. Bonding
The CITY shall bear the full cost of any fidelity or other bond required under any law or ordinance.

16. Employee's Independent Review
EMPLOYEE acknowledges that he has had the opportunity and has conducted an independent review of the financial, tax, and legal effects of this Agreement. EMPLOYEE has made an independent judgment of the financial, tax, and legal effects of this Agreement and has not relied upon any representation of CITY, its officers, agents, or employees other than those expressly set forth in this Agreement.

17. Miscellaneous:
7 The text herein shall constitute the entire agreement between the parties.

This Agreement may not be modified, except by written agreement executed by both parties.

If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

This Agreement shall be governed by the laws of the State of California. d. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. e. This Agreement may be executed in counterparts containing original signatures.

IN WITNESS HEREOF, the CITY has caused this Agreement for Employment of City Manager to be signed in its behalf by its Mayor and duly attested by its City Clerk, and EMPLOYEE has signed and executed this Agreement on the date written below.

DATED:

Samuel A. Escobar
DATED:

Diana Guerra Silva, Mayor
ATTEST:
, CITY CLERK
APPROVED AS TO FORM:

Megan N Crouch, CITY ATTORNEY
le.a.

For The Meeting of August 27, 2025

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
TO: Orange Cove City Council
FROM: Shun Patlan, Director of Planning
Subject: Second Reading and Adoption of Ordinance No. 401 Amending Chapter

16.32, Title 16 of the Orange Cove Municipal Code
Attachments: Ordinance 401
Copy of Public Hearing Notice
RECOMMENDED;

1. Staff recommend the City Council consider taking the following action:

A. Approve Second Reading and Adoption of Ordinance 401 "An Ordinance of the City Council of the City of Orange Cove Amending Chapter 16.32, Title 16 of the Orange Cove Municipal Code requiring new residential subdivisions to develop green and open space."
• Conduct a Publie Hearing to receive public testimony on the proposed Ordinance No. 401.

EXECUTIVE SUMMARY
On March 26, 2025, the Orange Cove City Council approved the first reading and Introduction of Ordinance No. 401 that will authorize and required new residential subdivision developments) to provide green space as part of the development.

As previously mentioned, the city's municipal code does not currently contain any provisions which provide for the creation of green space (i.e. neighborhood parks) in conjunction with the development of new residential housing subdivisions. The city wishes to ensure that the Orange Cove Municipal Code's provisions providing for certain green and open space are consistent with State Law for accuracy of enforcement and transparency for the public.

The purpose of the ordinance amendment of Chapter 16.32 is to establish the procedures for requiring the dedication of land, the payment of fees in-lieu or a combination of both to serve new residential subdivisions that are approved by the city council in accordance with the requirements of the City's General Plan.

The objective of providing public green spaces from parks, trails to public commons help families be healthier in body and mind and keep our environment thriving. Simply providing a play area and a place for walking and sitting in a park setting environment improves daily physical and mental health. It will also allow residents in the new housing subdivision to have access to a neighborhood park, open space and walking trails who may not have the transportation mobility.

Chapter 16.32, Section 16.32.050 of the ordinance establishes a formula for determining the amount of acreage to be dedicated and improved for recreational purposes.

Legislative Authority
This Chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California (the Quimby Act). The Quimby Act specifically authorizes the city to required dedication of parkland or payment of fee in-lieu of such dedication in set amount to meet the needs of the citizens of the community for parkland and to further the health, safety and general welfare of the community
Environmental Review
Determination is made that the Green Space Ordinance Amendment is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines, Section 15061(b)(3) in the adoption of these regulations merely implements a regulatory process that will not foreseeably result in construction activities or other physical activities either directly or indirectly.

FINANCIAL INFORMATION
FISCAL IMPACT:

1. Is There a Fiscal Impact?

2. Is It Currently Budgeted? 336

3. If Budgeted, Which Line?
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
_x Action Item Other
Department Report Continue To:

Redevelopment Aency
ORDINANCE NO. 401

AN ORDINANCE OF THE CITY OF ORANGE COVE AMENDING
Chapter 16.32 OF TITLE 16 OF THE ORANGE COVE MUNICIPAL CODE RELATING TO SUBDIVISION GREEN SPACE.

WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange Cove ("City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and,
WHEREAS, the City intends to require new residential subdivisions to develop green and open space in conjunction with the development of single-unit houses; and, WHEREAS, the Orange Cove Municipal Code ("OCMC) does not contain any provisions which provide for the creation of green and open space in new subdivisions; and, WHEREAS, the City wishes to ensure that the OCMC's provisions providing for the creation of green and open space are consistent with State law for accuracy of enforcement and transparency for the public.

NOW, THEREFORE, the Council of the City of Orange Cove does ordain as follows:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. OCMC Chapter 16.32 (Dedications, Fees, Reimbursements and Reservations) is hereby repealed and replaced to read as follows:

Chapter 16.32 DEDICATIONS, FEES, REIMBURSEMENTS AND RESERVATIONS

16.32.010 - Park and recreation fees-Declaration of Purpose, Findings, and Authority.

The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees in-lieu thereof (or a combination of both) to serve new residential subdivisions that are approved by the City Council in accordance with the requirements of the City's General Plan adopted in 1973. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California (the "Quimby Act"). The Quimby Act specifically authorizes the city to require dedication of parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety, and general welfare of the community. The amount and location of land to be dedicated or the fees to be paid will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions subject to this chapter.

16.32.020 - Definitions.

For the purposes of this chapter, the words listed in this section shall have the following meanings assigned to them:
"City" means the City of Orange Cove.
"Dwelling unit" means each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, and any other place designed, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking, and eating.
"Land acquisition cost per acre" means the estimated per acre value of vacant residential land costs in the city as determined by the City Council based upon receipt sale records or appraisal. The most recent land acquisition cost per acre may be reflected in a City Council resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted or rejected by the Director of Building & Planning.
"Number of dwelling units" means the number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city's Zoning Code or as otherwise specified by the city on the property included in the subdivision at the time the tentative map or parcel map is filed for approval.
"Park" means a parcel or contiguous parcels of land, which provide recreational land and facilities for the benefit and enjoyment of the residents of the city. "Quimby Act" means California Government Code Section 66477, as amended from time to time, or any successor statute.
"Quimby fees" means fees paid as a condition to the approval of a tentative map or parcel map pursuant to this chapter and the Quimby Act in lieu of dedicating land to the city for park and recreational purposes.
"Residential Development" means any development that creates new or increases the number of existing dwelling units on a property.
"Subdivider" means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for himself or for others. "Subdivision Map Act" means California Government Code 66410 et seq., as amended from time to time, or any successor statute.

16.32.030 - Parkland dedication standard.

All standards for park dedication and improvement shall comply with the Quimby Act, the Subdivision Map Act, and the Conservation, Open Space and Recreation element of the City's General Plan. The dedication and improvement of land and/or Quimby fees for park or recreational purposes shall be at a rate of three acres of park area (and/or Quimby fees) per 1,000 subdivision residents.

16.32.040 - Park and recreation land dedication-In-lieu of fees As a condition of approval of a tentative map, parcel map or parcel map waiver certificate, the City shall require subdivider to dedicate land or pay a fee in lieu of dedicating the land, and pay a parks and recreational facilities fee as prescribed in Chapter 3.30 of this code for park or recreational purposes at the time and according to the standards contained in this chapter and in Chapter 3.30.

A. This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act.

B. When a condominium, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Pursuant to California Government Code Section 66477(e), these kinds of developments shall be eligible to receive a credit against the amount of land required to be dedicated or the amount of fee imposed pursuant to this chapter.

C. Notwithstanding the requirement in this chapter that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood in which the subdivision for which fees were paid as a condition to the approval of a final map, parcel map or parcel map waiver certificate, if all of the following conditions are met:

1. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

2. The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter.

3. The City's City Council holds a public hearing before using the fees pursuant to this chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent.

4. The fees shall be used within the geographic boundaries of the city, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid.

5. The fees shall be used in a manner consistent with the Conservation, Open Space and Recreation element of the City's General Plan, as well as any policy, standard, principle, or guideline adopted in accordance therewith.

16.32.050 - Park and recreation fees-Land dedication.

A. It is found to determine that the public interest, convenience, health, welfare and safety require that three (3) acres of property for each one thousand (1,000) persons residing within the city be devoted to the local public park and recreational purposes. The subdivider shall provide parkland and park improvements sufficient to serve the residents of the subdivision.

B. Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved for recreation purposes as follows:

Number of Average number .003
= Number of Acres
dwelling X of persons per (3 Acres per to be Dedicated
units unit 1,000 Residents)
Example of a 25-lot single-family subdivision:
25 parcels X 3.95 persons per 3.0 acres per 0.29625 acres parcel 1,000 persons
C. Quimby Fees. Where the requirements of this Chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated in the following manner:

Number Average .003
Land
of number of Total
x (3 Acres per X Acquisition = Quimby Fee 1,000
dwelling persons per
Cost per Acre
units unit Residents)
The land acquisition cost per acre amount of the Quimby fees may be adopted by resolution of the City's City Council. The City's City Council may adopt and/or revise the fee amount as often as on an annual basis.

D. Persons per unit. For purposes of the formulas set forth above, the number of people projected to occupy the subdivision and the resulting acreage requirement per dwelling unit, as established by the most recent available federal census, is 3.95 persons per unit which equates to an acreage requirement per unit of 0.01185.

E. Where the requirements of this chapter are complied with by both the provision of parkland and payment of Quimby fees, the amount of the Quimby fees shall be computed by determining the required amount of parkland in accordance with the provisions of division (A) and subtracting the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of division (B).

16.32.060 - Criteria for requiring combination of parkland dedication and Quimby fees.

For subdivisions of fifty (50) or more units, the subdivider shall have the option to either dedicate land or pay Quimby fees or a combination of both on the following basis:

A. When only a portion of the subdivision is proposed for future park site(s) in conformance with this chapter, such portion shall be dedicated to the city for park and recreational purposes pursuant to the dedication standards set forth in Section 16.32.010, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to Sections 16.32.050(B) and 16.32.050(C). If no parkland dedication is provided, the subdivider shall pay Quimby fees for three acres per 1,000 residents computed pursuant to Section 16.32.050(E)
B. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the city, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the city pursuant to the standards set forth in Section 16.32.050, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to Section 16.32.050(E). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the city.

16.32.070 - Park and recreation fees-Land dedication-Standards and formula.

Where a park or recreational facility has been designated in the Conservation, Open Space and Recreation element of the City's General Plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to resolution adopted by the City's City Council.

16.32.080 - Park and recreation fees—Amount of fee in lieu of land dedication.

The development impact fee for parks and recreational facilities is prescribed in Chapter

3.30 of this code. The development impact the does not include, and is separate from, the cost of land which is required to be dedicated or a fee paid in lieu of dedication according to Section

16.32.050.

The value of the land, as determined by the city, which is dedicated for park purposes pursuant to Section 16.32.080, to be deducted from the parks and recreational facilities fee is determined by Chapter 3.30 of this code.

16.32.090 - Park and recreation fees—Subdivisions not within General Plan.

Where the proposed subdivision lies within an area not then but to be included within the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this section.

16.32.100 - Park and recreation fees-Determination of land or fee.

A. Whether the City's City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The Conservation, Open Space and Recreation element of the City's General Plan;

2. Topography, geology, access, and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Compatibility of dedication with the Conservation, Open Space and Recreation element of the City's General Plan; and

6. Availability of previously acquired park property.

B. The determination of the City's City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

16.32.110 - Park and recreation fees-Credit for private open space.

No credit shall be given for private open space in a subdivision.

16.32.120 - Payment or dedication-Procedure.

A. At the time of approval of the tentative map or parcel map and in accordance with the criteria set forth in this chapter, the Quimby Act, the Subdivision Map Act, the Conservation, Open Space and Recreation element of the City's' General Plan, the City's City Council shall determine as part of such approval, the land to be dedicated and/or fees to be paid by the subdivider. The conditions of approval of any applicable tentative map or parcel map shall require the dedication of land, the payment of Quimby fees, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map
B. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the City's City Council. Any fees shall be placed in a specially designated fund and used only for the acquisition and development of new, or improvement and/or rehabilitation of existing park and recreational facilities. Any fees collected under this chapter shall be appropriated by the City's City Council, but need not be spent within five (5) years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriate, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

C. A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the city shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept.

D. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

E. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.

16.32.130 - Park and recreation fees-Commencement of development.

At the time of approval of the final subdivision map, the City's City Council shall specify when development of the park or recreational facilities shall be commenced.

16.32.140 - Park and recreation fees—Exemptions.

A. The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

B. The provisions of this section also shall not apply to industrial or commercial development; nor to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

16.32.150 - School site dedication.

A. A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the city council deems to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

Exception: The City's City Council shall not require the dedication of an amount of land which would make the development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

B. This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative subdivision map.

C. The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map by the City's City Council. If, within thirty days after the requirement of dedication is imposed by the City's City Council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.

D. The required dedication shall be made anytime before, concurrently with, or up to sixty days after the filing of the final map for any portion of the subdivision.

E. In the event the school district accepts the dedication, it shall repay the subdivider or his successors the original cost to the subdivider of dedicated land, plus such other additional cost and expenses of the subdivider as are more particularly provided in Section 66478 of the Government Code.

F. In the event the land is not used by the school district as a school site within ten years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefore, together with interest at the rate of seven percent per year from the date the option is exercised.

G. The school district to which the property is dedicated shall record a certificate with the clerk-recorder of the county containing therein all information required by Section 66478 of the Government Code.

16.32.160 - Reservations.

A. The city may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions:

1. The requirement is based upon an adopted specific plan or the City's General Plan containing a community facilities element, a recreation and parks element, or a public building element, and the required reservations are in accordance with definite principles and standards contained therein.

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

3. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

B. The reserved area shall conform to the adopted specific or the City's General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

C. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

D. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

16.32.170 - Drainage fees.

Prior to the filing of any final or parcel map, the subdivider shall pay or cause to be paid strong drainage fees and sanitary sewer fees as specified in Chapter 3.30 of this code.

16.32.180 - Bridge construction and major thoroughfares.

Prior to the filing of any final or parcel map, the subdivider shall pay or cause to be paid, traffic control facility fees and/or street and thoroughfare fees as specified in Chapter 3.30 of this code.

16.32.190 - Supplemental improvements reimbursement agreements.

A. Supplemental Improvements-Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

B. Supplemental Improvements-Reimbursement Agreement-Funding Procedures.

1. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.20.110 is held thereon by the City's City Council and the City's City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

2. In addition to the notice required by Section 16.20.110 of this title, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

C. Supplemental ImprovementsDrainage, Sewerage, Bridges and Major Thoroughfares. If the city has adopted a local drainage or sanitary plan or map as required for the imposition of fees thereof, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the charge as set forth in this ordinance.

The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefore may be utilized to reimburse the subdivider as set forth herein.

16.32.200 - Water meters.

City will provide water meters to be installed by the subdivider. The subdivider shall pay, in advance, a fee equal to the city's cost in acquiring these water meters for the subdivider.

Subdivider shall install these meters in approved meter boxes in accordance with city improvement standards.

16.32.210 - Irrigation pipe.

A. Prior to filing any final map or parcel map, the subdivider shall pay a cause to be paid water facility fees specified in Chapter 3.30 of this code.

B. The subdivider may be required to replace or relocate pipeline or other water delivery facilities of the Orange Cove Irrigation District to the construction standards of the district within and/or outside the subdivision with supplemental strength, size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map. Such improvements shall be subject to the same terms, conditions, and provisions as contained in Section 16.32.190.

C. Subdivider shall obtain, at subdivider's expense and as a condition precedent to approval of such map, the certification of Orange Cove Irrigation District that any planned improvements conform to the construction standards of the district. The standards shall not exceed the requirements of generally accepted engineering practices or specifications of the state for like facilities. The certification shall not be unreasonably withheld. Subject to the above provisions, the city council shall make the final decision in all the matters.

16.32.220 - Pedestrian walkways and bike ways.

A. Pedestrian walkways or bike ways may be required where needed for:

1. Access to schools, playgrounds or parks, shopping centers, or other public areas;

2. Traffic safety;

3. Access through unusually long blocks; or

4. Access to public areas shown on an approved general plan.

B. Dedications for bicycle paths may only be required for subdivisions which have two hundred lots or more on the final map.

Section 3. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by 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 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. CEQA FINDINGS.

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council further finds that the enactment of regulations pursuant to this Ordinance is determined to be exempt under Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "State CEQA Guidelines") in that the adoption of these regulations merely implements a regulatory process that will not foreseeably result in construction activities or other physical activities, either directly or indirectly. It can therefore be foreseen that the enactment of this Ordinance does not have the potential to result in significant effects on the environment.

Section 5. EFFECTIVE DATE.

This Ordinance shall take effect 30 days after its final passage.

Section 6. All provisions of the OCMC that have not been amended or deleted by this Ordinance shall remain in full force and effect unless they otherwise are amended by another Ordinance of the City Council.

At a regular meeting of the City Council of Orange Cove on July 23, 2025, this Ordinance was introduced by the following vote:

AYES: 5 COUNCIL MEMBERS: Ortiz, Del Bosque, Garcia, Rodriguez, Guerra-Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: O COUNCIL MEMBERS: None
ABSENT: O COUNCIL MEMBERS: None
The foregoing Ordinance was adopted by the City Council of Orange Cove on and ordered published by posting the following vote:

Ayes:

Noes:

Abstain:

Absent:

APPROVED:

Diana Guerra-Silva, Mayor
ATTEST:

Cynthia Cisneros, City Clerk

MID-VALLEY TIMES
M
1059 G STREET, REEDLEY, CA 93654
TELEPHONE (559) 638-2244

CITY OF ORANGE COVE
Conside hennending
conside:
633 6TH STREET Tue 1 tipal ange
adding Chapter

16.32 requiring
ORANGE COVE, CA 93646 residential subdivisions
develop green and
one eat nose Bal

SUPERIOR COURT OF THE STATE OF

CALIFORNIA, COUNTY OF FRESNO

NOTICE OF PUBLIC HEARING
AMENDING TITLE 16
Case Number

DECLARATION OF PUBLICATION
(2015.5 C.C.P)
Declaration of Publication Date July 30, 2025
MVT 8/7/25

STATE OF CALIFORNIA
618-32
County of Fresno
Declarant says:

That at times herein mentioned is and was a citizen of
the United States, over the age of twenty-one years,
and not a party to nor interested in the within matter; that declarant is, now and was at all times herein men- tioned, the Principal Clerk of the Printer of MID-VALLEY TIMES, a newspaper of general circulation (under Gov-
ernment Code Section 6024) by the Superior Court of
the County of Fresno, State of California, under the date of June 19, 2019, by said Superior Court Case Number
19CEG01981; that the instrument of which the annexed
is a printed copy; has been published in each regular
and like issue of said newspaper (and not any supple-
ment thereof on the following dates, to wit:

I declare under penalty of purjury that the foregoing is true and correct.
8/7/25
EXECUTED ON AUGUST 07 , 2025 at
Reedley, California
Reu 0009
Declarant

PRECENED
AUG 2 0 2025
City of Orange Crim City Cien