AGENDA ORANGE COVE CITY COUNCIL REGULAR MEETING Wednesday, July 24th, 2024 6:30 PM City of Orange Cove Council Chambers 6336thSt. Orange Cove, CA 93646 ZOOM Information Meeting ID: 88378553357 Passcode: 903404  nttps:/usobweD.z0om.us/883788378553577PWd-3DK3KPDDXJUSLULSOPSM4VuwIOpnu6.1  1. CALL TO ORDER/WELCOME  Roll call Invocation  Flag Salute (Pledge of Allegiance) 2. CONFIRMATION OF AGENDA  3. CONSENT  (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. Consideration and Necessary Action to Approve the Subdivision Agreement for the Macias Final Map No. 6289 3.b. Consideration and Necessary Action to authorize the purchase Dominguez of splash pad equipment from Rain Deck not to exceed $150,000  Patlan  as asole source supplier    4. REGULAR BUSINESS  4.a. SUBJECT: Receive "Certificate of Sufficiency" dated July 24, 2024, Crouch respect to the initiative petition entitled "Continues Orange Cove Police and Fire Special Tax" filed with the County Clerk/Registrar of Voters on  pursuant to Elections Code Section 9114.  RECOMMENDATION: Receive Certificate of Sufficiency" dated July 24, 2024,respect to the initiative petition entitled "Continues Orange Cove Police and Fire Special Tax" filed with the County Clerk/Registrar of 4.b. SUBJECT: Resolution No. 2024-24 of the City Council of the  Voters on pursuant to Elections Code Section 9114.  Crouch  City of Orange Cove requesting the Board of Supervisors of the County of Fresno to consolidate and canvass the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections code section 10400 et seq.for the purpose of submitting to the Electors of the City of Orange Cove an Initiative Measure amending the existing parcel tax to remove the sunset date and allowing it to continue on indefinitely; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Orange Cove relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services RECOMMENDATION: Approve Resolution No. 2024-24 of the City Council of the City of Orange Cove requesting the Board of Supervisors of the County of Fresno to consolidate and canvass the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections code section 10400 et seq.for the purpose of submitting to the Electors of the City of Orange Cove an Initiative Measure amending the existing parcel tax to remove the sunset date and allowing it to continue on indefinitely; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Orange Cove relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services  2    5. PUBLIC COMMENTS  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. Members of the public shall limit  their remarks to three (3) minutes  6. ADJOURNMENT  ADA Notice: In compliance with the. Americans with Disabilities Act, ify 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 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  ensure accessibility to this meeting.  on the City's website at olyoforangecove.com.  3    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  itcannot be conducted in an orderly fashion.  During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules  of decorum and enforcement.  GENERAL RULES OF DECORUM  While any meeting of the City Council is in session, the following rules of 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 2. Ap 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 (1) which is likely to provoke others to violent or riotous behavior, () which disturbs the peace of the meeting by loud and unreasonable noise, (ii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council 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 4. Members of the City Council may not interrupt a person who has the floor and isr 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 Councimembers if they have 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.  decorum shall be observed:  Council.  meeting.  the mayor to speak.  comments or questions.  4    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 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. Ifsuch 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  impedes the orderly conduct of any City Council meeting.  law enforcement.  Ina 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.  5    3.a*  For the Meeting of July 24, 2024  CITY OF ORANGE COVE  REPORT TO THE CITY COUNCIL  To: From: Subject:  Orange Cove City Council  Shun Patlan, Director of Planning and Buiing Subdivision Agreement, Macias Final Tract Map No. 6289 Attachments: Subdivision Agreement, Macias Final Map  RECOMMENDATION: Macias Final Map No. 6289 BACKGROUND:  Staff recommends the Orange Cove City Council approve the Subdivision Agreement for the  On April 10, 2024 the Orange Cove City. Council approve the Macias Final map No. 6289 by Resolution No. 2024-06. As part of the approval process, a subdivision agreement shall be prepared and approved by the Orange Cove City Council. The subdivision agreement describes the subdividers requirements that includes required bonds, required improvements, soil & dust  control requirements, inspections and other requirements.  ENVIRONMENTAL REVIEW: No Environmental Review is required. CONFLICTS OF INTEREST:  None  FISCAL IMPACT: There are no financial impacts.  1of2    Ehr Shyp-Patian REVIEW: City Manager: TYPE OF ITEM: Consent Info Item Action Item Department Report Redevelopment Agency  Finance:  City Attorney: NO. ACTION  COUNCIL ACTION: APPROVED DENIED  Public Hearing Other Continued to:  Matter Initiated by a Council Member  2of2    CITY. OF ORANGE COVE SUBDIVISION AGREEMENT TRACTNO. 6289, MACIAS SUBDIVISION  THIS SUBDIVISION AGREEMENT "Agreement") is made and entered into this 24th day ofJuly, 2024, by and between Efrain Yanez Construction, Inc. ("SUBDIVIDER"). and the City of Orange Cove,a  Municipal Corporation ("CITY").  RECITALS  A. The SUBDIVIDER has presented to the CITY a final map ofthe proposed Subdivision of  certain real property located within the city limits of the City and more particularly described in Exhibit"A" which has been filed with the City Engineer and is made aj part hereofby reference ("Final Map") and identified as Mcias Tract Map No. 6289. The real property is to be developed in accordance with subdivision improvement plans, which have been filed with the City Engineer and are made aj part hereofby reference and identified as Exhibit "B" (Improvement Plans"). Subdivider has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and otherwise approve the Final Map in order that the same may be recorded as required by law. Map, the dedication ofs such streets and easements as are delineated and shown on the Final Map and deems the same as necessary for the public use and requires that any and all streets and easements delineated and shown thereon shall be improved by the construction thereon and the installation therein oft the improvements  B. The CITY requires as a condition precedent to the acceptance and approval of the Final  specified herein.  C. Certain public improvements are required to be made by SUBDIVIDER in  accordance with the approved tentative map of the Subdivision. Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City Council shall require the SUBDIVIDER to enter into an agreement to complete said public  improvements.  D. SUBDIVIDER, agrees to enter into an agreement with the CITY to perform and complete  the work and matters as hereinafter described in this Agreement;  NOW THEREFORE, it is hereby agreed as follows:  1. Improvements.    SUBDIVIDER shall complete all required public improvements in the Subdivision as  identified in Exhibit "B" oft this Agreement (collectively "Improvements"): and in accordance with all of the requirements and standards as set forth in the approval or conditional approval oft the Tentative Map codes and regulations and the terms and conditions ofthis Agreement. In accordance with this agreement, all ofthe Improvements shall be completed no later than two years from the date ofa approval oft this Agreement by the City of Orange Cove. A request to extend the time for completion oft the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration ofthis Agreement and shall include facts in support ofits request for such extension oft time. Only the City shall have the authority to extend such time period. The extension period shall not exceed twelve (12) months. work has been completed, the City Engineer shall inspect such work; and ifsuch work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Orange Cove Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise  ofthe Subdivision, the Orange Cove Municipal Code, all applicable laws,  Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required  the City Council that the public improvements are ready for acceptance by the CITY.  2. Inspection.  The CITY shall inspect all work in accordance with Section 16.44.080 oft the Orange  Cove Municipal Code including the SUBDIVIDER'S conformance with the CITY Standard and Specifications and any and all conditions, standards or requirements identified at the preconstruction  conference held prior to commencing construction.  CITY shall schedule a preliminary final inspection and a deficiency list shall be  compiled and submitted to the SUBDIVIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify in writing that all corrections have been completed and request ai final inspection. Upon finding that all items have been corrected and upon receipt ofa as-builti improvement plans, the Improvements may be provisionally accepted by the CITY pending approval of the final map and subdivision agreement for Macias Final  Tract Map No. 6289, by the City Council.  The completion of corrections indicated by the deficiency list shall not relieve the  SUBDIVIDER from the responsibility ofcorrecting any deficiency not shown on the list that may be  2    subsequently discovered. Should the CITY require payment ofa additional engineering and inspection fees and costs fori improvements constructed after the stated date ofcompletion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by the City Council oft the improvements.  3. Costs and Fees.  The SUBDIVIDER shall be responsible for the work, including without limitation,  the costs identified in the Improvement Cost Estimate attached hereto and made a part hereofand identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to the amount thereofand agrees to pay, when due, all amounts identified therein, including without limitation, all CITY engineering and  inspection fees.  4. Securitv.  SUBDIVIDER agrees to furnish security, which complies with Section 66499 et.  seq. ofthe California Government Code, in such amounts as are fixed by the CITY, to guarantee the faithful performance oft this Agreement, including without limitation, the construction oft the improvements and to guarantee payment to contractors, subcontractors, laborers, material men and other persons employed in the performance of the work under this Agreement. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may  ber released in whole ori in part in the following manner:  (a) Faithful performance sureties, not in excess of ninety percent (90%) of the  estimated costs of the individual items of public improvements, may be released or the required surety amounts may be reduced as work is satisfactorily completed and tentatively accepted by the CITY.  (b) Forty-five (45) days after recordation of the Notice of Completion for the  Subdivision, the sureties securing the payment to contractors and subcontractors and to persons furnishing labor, materials, or equipment may be released if claims, including without limitation, stop  notices have. not been filed.  (c) Ten percent (10%) of the total faithful performance surety, retained as the  public improvement warranty, may be released one year after the Notice of Completion has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than. ten percent (10%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a1 term of one (1): year from the date ofrecordation of the Notice of Completion,  3    In accordance with Section 16.44.040 of the Orange Cove Municipal Code,  the SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are  not part of the Improvement Cost Estimate set forth in Exhibit "C."  No final map shall be signed by the City Engineer or recorded until all  improvement securities required by Section 16.44.040 of the Orange Cove Municipal Code and under this Agreement have been received and approved. The form of securities shall be one or the  combination of forms as approved by the CITY.  5. Liability.  Asacondition precedent and prior to commencement oft the work to be performed  pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate of insurance with a separate endorsement evidencing the following insurance coverages:  Commercial and general liability insurance with a combined. single limit ofr not less than One Million Dollars $1,000,000.00) per occurrence. Suchi insurance shall include products/completed operations liability, owners and contractor's protective blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents as additionally insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors oft the SUBDIVIDER, and arising out of or in connection with the work, which ist the subject ofthis Agreement. Such policy or policies shall specifically provide that the CITY shall receive at least thirty (30) days prior written notice ofany cancellation of such policy or policies. Any such notice shall be sent to the attention oft the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the work which is the subject ofthis Agreement, whether liability is attributable to the SUBDIVIDER or to thej passive or active negligence of the CITY. The insurance shall bei in effect on the date the work is commenced and shall expire no sooner than one year after the date ofrecordation ofthe Notice of Completion. The cost of providing this insurance requirement shall be borne  solely by the SUBDIVIDER.  The expiration or proposed cancellation of any such insurance polity or policies, for  any reason whatsoever, shall constitute. a material breach oft this Agreement.  6. Indemnification.    SUBDIVIDER hereby agrees to and shall protect, indemnify and hold harmless the  CITY and all officials, officers, agents, representatives and employees thereof from and against any and all liability, loss, claims or damages of whatsoever kind or character, including attorneys" fees and costs ofall types, in any way arising out of, ori in any way related, directly or indirectly, to the work to be performed pursuant to this Agreement or the acts or omissions oft the SUBDIVIDER, SUBDIVIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions oft the CITY ori its officers or employees and agents while acting within the scope oft their duties and regarding, in any way, the work to bej performed pursuant to this Agreement. These indemnification and hold-harmless provisions shall be in full force and effect regardless of whether or not there shall bei insurance policies covering the applicable to such damages, claims, or liability. This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability oft the parties indemnified hereunder and shall survive the  completion of construction oft the improvements.  SUBDIVIDER agrèes that the use ofa any and all public streets and improvements,  which are part oft the Subdivision subject, shall be at all times, prior to the final acceptance by the CITY,  the sole and exclusive risk of the SUBDIVIDER.  7. Permits and Compliance.  Should SUBDIVIDER be required to perform any work within any public rights-  of-way or easements located beyond the Subdivision limits, SUBDIVIDER shall satisfy any and all requirements, other than the payment of fees, as necessary to obtain an encroachment permit for said  work.  SUBDIVIDER shall make arrangements for the relocation of all overhead and  underground public utility facilities that interfere with the construction of the Improvements. The SUBDIVIDER shall be responsible for the full cost of relocating such facilities.  The SUBDIVIDER shall repair any damage to public streets or other public  property or improvements resulting from, incidental to, the construction ofthe Improvements, or in lieu ofmaking such repairs, the SUBDIVIDER shall pay to the CITY the full cost ofs such repairs.    Building permits for individual lots of the Subdivision will not be issued until all  underground utilities are installed within the public right-of-way, the trenches have been backfilled, and  an approved all-weather road is constructed for street frontage and access.  No occupancy permits for any dwelling to be constructed within the Subdivision In accordance with Section 16.24.090 of the Orange Cove Municipal Code,  shall be issued until all Improvements are completed and accepted by the City Council. construction methods and materials for all Improvements shall conform to the Standards and Specifications of the CITY. Construction shall not commence until the required Improvement Plans have been approved by the City Engineer and payment ofa all fees have been received by the CITY. plumbing, building, electrical and: zoning codes and any other codes, rules or regulations of the CITY  The Improvements shall be constructed in accordance with all applicable street,  and the State of Califomia.  The SUBDIVIDER shall require contractors and subcontractors to provide and  maintain barricades and warning signs to protect and warn the public ofconstruction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. If, in the opinion of the City Enginéer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by the City  Engineer.  The SUBDIVIDER shall require all contractors and subcontractors to conform to  the applicable provisions oft the California Occupational Safety and Health Act ("OSHA"). Onsite inspection oft the work will be requested of OSHA officials, and all work subject tot this Agreement shall immediately stop if, in the opinion oft the City Engineer, any such work is being performed in violation  ofOSHA or when appropriate safety measures are not being utilized for said work.  The SUBDIVIDER and its contractors and subcontractors shall pay for any  materials, provisions and other supplies used in, upon, for, or about the performance oft the work to be performed hereunder and for any and all work or labor associated therewith and for all amounts due  under the Workers Compensation and the unemployment insurance acts and all    other applicable laws or regulations oft the State of California or the United States with respect to such work or labor, including without limitation, as required by Section 3200 oft the Califoria Labor Code  and Section 4200 oft the California Government Code.  8. Scheduling.  Itshall be the responsibility oft the SUBDIVIDER to coordinate all work performed  by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability. if one operation delays another. In no case shall representatives oft the CITY be placed in the position of making decisions that are the responsibility oft the SUBDIVIDER. It shall further be the responsibillity of the SUBDIVIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVIDER shall be  solely responsible.  9. Soil land Dust Control Provisions.  The SUBDIVIDER is responsible for the arrangement for and payment of all  CITY-required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDIVIDER to the certified testing firm oft the SUBDIVIDER'S choice. Adequate dust control shall be maintained by the SUBDIVIDER on all streets within and outside of the Subdivision on which worki is required tol be performed under this Agreement, from the time worki is first commenced until all work is completed. "Adequate dust contro!" as used herein shall mean the sprinkling oft the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent tot the Subdivision. Whenever, in the opinion ofthe City Engineer, adequate dust control is not being maintained on any street or streets or other areas oft the Subdivision. the City Engineer shall give notice to the SUBDIVIDER to comply with the provisions herein, or, at the election ofthe City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or atany  time  7    thereafter fails to maintain adequate dust control, the City Engineer may, without further notice ofany kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personnel oft the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt ofthe billing, therefore, the  entire cost to the CITY ofsuch dust control.  When the surfacing on any existing street is disturbed, the surfacing shall be  immediately replaced with temporary surfacing and permanently paved within fourteen (14) calendar days thereafter. The streets shall be maintained in a safe and passable condition at all times between the  commencement of construction ofi improvements and final completion thereof.  10. Reimbursement.  Ifthe City Municipal Code provides SUBDIVIDER with the right to receive cash  reimbursement or Impact Fee credit because of the construction of certain improvements or the oyersizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation ofa reimbursement agreement, whichever is applicable, or the Impact Fee credit prior to the date of final acceptance of all subdivision improvements by the Orange Cove City Council. Such request must be made in writing and received by the City Public Works Director prior to the date of final acceptance of all subdivision improvements by Orange Cove City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIVIDER forever waives its right to request and receive any cash reimbursement, reimbursement agreement or Impact Fee credit.  11. Prevailing Wage Laws. Rules and Regulations.  Applicant shall comply with and shall require all contractors to comply with all  prevailing wage laws, rules and regulations applicable to the project. Unless otherwise advised in writing by: the City of Orange Cove, applicant shall be solely responsible for making any, and all decisions regarding any portion or aspect oft the project, including. without limitation, any form of reimbursement by the City of Orange Cove to the applicant or any contractor, will require the payment  8    of prevailing wages. Further, the applicant will be solely responsible for the payment ofany claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against applicant or  any contractor as a result oft failure to pay prevailing wages.  Applicant shall defend, indemnify and hold harmless the City of Orange Cove, its  officials, officers, employees, representatives, agents and attomeys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney" 's fees arising out of, resulting from orin any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspectof the project. Applicant's obligation to defend, indemnify and hold the City ofOrange Cove harmless specifically includes, but is not limited to, any suit or administrative action against the City of Orange Cove which claims a violation of any prevailing wage law, rule or regulation applicable to any portion  or aspect oft the project.  Applicant's obligations to defend, indemnify and hold the City ofOrange Cove, its  officials, officers, employees, representatives, agents and attorneys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs ofa any, judgments or awards against the City of Orange Cove for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation ofa any prevailing wage law, rule or regulation applicable to any portion or aspect oft the project and costs ofa any settlement representing damages, litigation costs and attorney's fees to bej paid to other parties arising out of any such proceeding or suit. City of Orange Cove for costs that have been, or which the Cityi of Orange Cove reasonably anticipates will be, incurred by the City ofOrange Cove during the course ofany action. Applicant shall reimburse the City of Orange Cove within thirty (30) days of receipt of an itemized written invoice from the City ofOrange Cove. Failure ofthe applicant to timely reimburse the City ofOrange Cove shall be  The City of Orange Cove may, at any time, require the applicant to reimburse the  considered ar material violation oft the conditions ofapproval oft the project.  12. Sole and Only Agreement.  This Agreement supersedes any and all other agreements, either oral or in writing.  between the parties hereto with respect to the matters set forth herein and contains all oft the covenants  9    and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalfofany party which are not embodied in this Agreement, and no  other agreement, statement or promises shall be valid or binding.  13. Severability.  Ifany provision ofthis Agreement is held by a court of competent jurisdiction to be  invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and  effect without being impaired ori invalidated in any way.  14. Attorneys' Fees.  Ifan action at law or inequity is necessary to enforce orinterpret the terms ofthis  Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable reliefto which he may be entitled. With respect to any suit, action or proceeding arising out ofor related to this Agreement or the documentation related hereto, the parties hereby submit to the jurisdiction and venue oft the Superior or Municipal Court, whichever is applicable, int the County of Fresno, State ofCalifornia for any proceeding arising  hereunder.  15. Successors and Assigns.  The covenants and agreements contained in this Agreement shall be binding upon  and shall inure to the benefit oft the heirs, suçcessors and assigns oft the parties hereto. This Agreement shall not be assignable by SUBDIVIDER without the express prior written consent ofCITY.  16. Govering Law.  This Agreement shall be construed and governed pursuant to the laws oft the State  ofCalifomia.  17. Time oft the Essence.  Time is oft the essence of this Agreement.  IN WITNESS WHEREOF, the parties have executed this Agreement on the  IO    SUBDIVIDER Efrain Yanez Construction, Inc. fhyn Yanez, CEO  Dated: 6-24  2024  By:.  Etfain  Dated: APPROVAL  2024  By:  Shun Patlan Cove  Director of Planning and Building, City of Orange  ATTEST:  By:  City Clerk, City of Orange Cove  11    Exhibit" "A" Macias Final Map No.) 6289    SR333ACR    AVENUE  CEAYAAVENUE DTT 93533/CR soris  CEL  63-RS-82    Exhibit"B"  Macias Final Map No. 6289 Improvement Plans  Reference: Macias Final Map No. 6289 Improvement Plans  approved! by City Engineer dated March1 1, 2023    Exhibit"C"  Development and Impact Fee for Macias Tract No. 6289  *Development Impact Fees  1. Streets/$1,070.00 per unit: x39 Unit 2. General Government's883.00. per Unitx 39 Units 3. Buildings/$52.00 per Unitx3 39 Units 4. Water Treatments2,134.00 Per Unitx3 39 Units 5. Water distrbution/s2414.00. Per Unit> X: 39Units 6. Sewer Treatment/$1,567.00 Per Unitx 39 Units 7. Sewer Collection/53,460.00 Per Unitx X 39 Units 8. Storm Drain/$662.00 Pert Unitx X: 39 Units 9. Parks & Recreation/51,714.00 per Unitx 39 Units 10. Lawentorcemens243.00 per Unitx3 39 Units 11. Fire Protection/$474.00 Per Unitx 39 Units *Plan Check and Inspection Fees 1. $39,661.99 *Estimated Construction Costs 1. Demolition Cost (Completed) 2. Earthwork Cost (Completed) 3. Streets Cost 4. Concrete Cost 5. Drainage Cost (Completed) 6. Sewer Cost (Completed) 7. Water Cost 8. Miscellaneous Cost TotalCosts Bonds/Security 1. Performance Bond 2. Labor and Material Bond 3. AWarranty Bond *Administrative Fee  $ 41,770.00 $34,437.00 2,028.00 $48,126.00 $ 94,146.00 $ 61,113.00 $134,940.00 $ 25,818.00 $ 66,846.00 $ 9,477.00 $ 18,486.00  87,600.00 $ 288,287.00 5,216.00 2 212,669.40 $ 140,446.66 $ 174,480.00 181,200.00 337,200.00 $ 736,285.70  $ 736,285.70 184,071.35 73,628.50  1. Developer shall pay a $200.00A Administrative Fee at closet for each: sale through escrow.    Note: Development Impact Fees are deferred at closing though escrow of each sale as approved by  the Orange Cove City Council onA April1 12.2023    3.6.  For the Meeting of July 24, 2024  CITY OF ORANGE COVE  REPORT TO THE CITY COUNCIL  To: From: Subject: Attachments: RECOMMENDATION:  Orange Cove City Council  Dario Dominguez, Public Works Director  Splash Pad Quote from Rain Deck  Itis recommended that the City Council authorize the purchase of splash pad equipment  from Rain Deck not to exceed $150,000 as a sole source supplier.  BACKGROUND:  The City of Orange Cove presented the budget with a splash pad to be constructed at Eaton Park from Parks and Recreation Impact fees. As part of this project, the City plans to purchase specialized custom equipment to provide a fun and safe water play area for  children and families. DISCUSSION:  After a thorough review of available suppliers, staff has determined that Rain Deck is the most suitable vendor to supply equipment for this project. The products offered by Rain  Deck are highly specialized and considered non-commodity items.  CONFLICT OF INTEREST:  None.  1    FISCAL IMPACT:  The total cost for splash pad equipment fits within the $175,000 budget utilizing the fund balance from Parks and Recreation impact fees. Additional funds from the impact fee balance are available, but budget adjustments are not being requested at this time.  JUSTIFICATION FOR SOLE SOURCE:  Features: Quality equipment with reusable water filtration system. Quality and Reliability: Rain Deck has a proven track record of providing high-quality splash pad equipment that meets all safety and durability standards. Compatibility: The equipment from Rain Deck is compatible with the existing  infrastructure and design plans for the splash pad.  Timeliness: Rain Deck can deliver the equipment within the required timeframe, ensuring  the project stays on schedule.  Alternative: Should the City Council decide not to approve the purchase of splash pad  equipment from Rain Deck, alternative options include:  Direct staff to issue a Request for Proposals (RFP) to explore other Postpone the project to allow for further market research and evaluation of  potential suppliers. additional vendors.  Conclusion: Authorizing the purchase of splash pad equipment from Rain Deck will enable the City to proceed with the installation of the new splash pad at Eaton Park, providing a valuable recreational amenity for the community. Itis is recommended that the  City Council approve this purchase as a sole source procurement.  Prepared by: Public Works Director REVIEW: City Manager: TYPE OF ITEM: X Consent Info Item Action Item Department Report Redevelopment Agency  Approved by: Dario Dominguez  Finance:  City Attorney:  COUNCIL ACTION: APPROVED DENIED NO ACTION  Public Hearing Other Continued to:  Matter Initiated by a Council Member  2    ESTIMATE #31727  RECIPIENT: DANIEL PARRA CITYOF ORANGECOVE 633SIXTHSTREET ORANGE COVE, CAS 93646 DPARRA@CITYOFORANGECOVE.COM  RESPONDENT: VENNIFERHEFLIN  OFFICE: 088)4457246EX1.719 ENNIFERORAINDECK.COM  888-445-RAIN  info@RainDeck.com  www.RainDeck.com    info@RainDeck.com: I www.RainDeck.com,  RAINDECK  Rain Deck, LLC 20835 S. Ellsworth Rd Queen Creek, AZ85142 888-445-7246 www.raindeck.com BILLING ADDRESS Daniel Parra City of Orange Cove 633 Sixth Street Orange Cove, CA93646  INVOICE:#31727 DATE:07/19/2024 SHIPPING, ADDRESS Daniel Parra City of Orange Cove 6335 Sixth Street Orange Cove, CA 93646  SALESREP Jennifer Heflin ennifereraindeck.om PRODUCT  COST  QTY  TOTAL  COMMERCIALFEATURES/STAINLESSSTEEL Rain Deck SS Bucket Tower 1 (RDS351-0)  RDS351-0 RDS303-0  $36,158.00 $7,305.00  x1 x1  $36,158.00 $7,305.00  Rain! Deck SS 60"Water Mushroom (RDS303-0)w/  SS Footing Base (RDS399-0) RDS348-0  Rain Deck SS Water Cannon RD5348-0)w/55  $7,979.00  x2  $15,958.00  Footing Base (RDS399-0) RDS360-0  Rain Deck SS Rain Serpent (RDS360-0) w/ SS Footing Base (RDS399-0) RDS342-0  $7,802.00  x1  $7,802.00  Rain Deck SS Water Loop 6' Set-3(RDS342-0)  $12,503.00  x1  $12,503.00  888-445-RAIN  info@RainDeck.com  www.RainDeck.com    info@RainDeck.com, lwww.RainDeck.com:  BAINDECK  RDS327-0  Rain! Deck SS Fire Hydrant (RDS327-0) w/ SS Footing Base (RDS399-0) GROUNDSPRAYS RD102-0  $6,090.00  x1  $6,090.00  Rain! Deck 3" Universal Housing (RD102-0) HOLDINGTANKS/RAINDIVERTER  $49.00  x16  $784.00  RD706-0  Rain! Deck 2500 Gallon Holding Tank (RD706-0)  $10,029.00 ORDER: SUBTOTAL: SHIPPING: ORDER TOTAL:  x1  $10,029.00 $96,629.00 $4,268.10 $100,897.10  GPMSMIN93/TVP1P45 DEDICATED FREIGHT  "NOTE:This: sales orderi is subject tot thel Rain Deck Terms and Conditions. Rain Decki is not responsible for knowing local code requirements. Client should verifyallr requirements prior to placing order.  888-445-RAIN  info@RainDeck.com  www.RainDeck.com    K4.6.  INITIATIVE MEASURE TO BE SUBMITTED DIRECTLYTOTHE VOTERS The Orange Cove City Attorney has prepared the following title and summary oft the chief CONTINUES ORANGE COVE POLICE. AND FIRE SPECIALTAX. This measure proposes to amend existing Ordinance No. 368 which added Chapter 3.34 to the Orange Cove Municipal Code. Chapter 3.34 establishes a special parcel tax. Single family residential will be taxed $95 annual; multi-family residential will be taxed $65 per unit annually; agricultural parcels will be taxed $95 annually; commercial parcels will be taxed $495 annually; and Currently, Chapter 3.34 has a sunset clause which would cause the special parcel tax to expire on November 30, 2024. The proposed measure will amend Chapter 3.34 to remove the sunset clause and allow the special parcel tax to continue, without expiration, until repealed. The proposed measure will not amend the amounts oft the parcel tax established in Ordinance No. 368, it only seeks to remove the sunset clause. Instead, the proposed measure will prevent the ending and re-starting oft the police and fire special tax, and will allow the special tax to continue  purpose and points oft the proposed measure:  industrial parcels will be taxed $750 annually.  on.    NOTICE OFI INTENTION TO CIRCULATE PETITION  Notice is hereby given byt the persons whose names appear hereon of their intention to circulate the petition within the City of Orange Cove for the purpose of Measure O. A statement of the reasons of the  proposed action as contemplated in the petition is ast follows:  Measure O proposes to raise revenue for police and fire protection by removing the sunset clause from the existing police and fire parcel tax, which is set to expire in November 2024. Byr removing the sunset clause, Measure O proposes to continue the police and fire parcel tax beyond November 2024, without expiration, until repealed by the voters. Measure Oi isa a continuation ofa parcel tax on each parcel of real property in the City. The tax would be paid in addition to current State and local property taxes and would be collected at the same time and in the same manner as the existing real property taxes. Approval of Measure O will not change anyone's assessment and 100% of funds stayi in Orange Cove and can only be spent on our police and fire. Measure O continues the highest level of public safety which residents expect and have experienced. since its adoption, including rapid-response emergency andl life-saving services, top-tier fire and police protection, as well as continuing  improvements in response times and crime prevention.  Measure O proposes that the parcel tax continue to be used to fund police and fire protection and prevention services. The Cityi is legally bound to use thet funds for police and fire prevention and protection. The Measure provides fora a citizen oversight committee to ensure the funds are spent as Measure O will protect lives and maintain the highest level ofs safetyi in Orange Cove by providing needed funding to police and fire. Every penny of Measure 01 funds remain in Orange Cove to protect residents, homes, schools, businesses and property. It provides approximately $263,965 annually, which Approval of Measure O will prevent cuts in publics safety personnel and equipment that could result in longer police and firer response times and reductions in service. Inan emergency, every second matters. Measure O protects our community and keeps our police and fire services top-tier for the  intended byt the voters.  went directly to our Fire and Police budgets.  residents ofOrange Cove. osie Cervantes Rointed Name of Proponent &3 . Business or Residence Address    Orange Coye, Cc 9S6YK  City, State, Zip Code    PUBLIC NOTICE  INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE INITIATIVE MEASURE TO BE SUBMIT- TED DIRECTLY TO THE VOTERS The Orange Cove City Attorney has prepared the following title and sum- mary of the chief purpose and points of the proposed measure: CONTINUES ORANGE COVE POLICE AND FIRE SPECIAL TAX. This measure proposes to amend existing Ordi- nance No. 368 which added Chapter 3.34 to the Orange Cove Municipal Code. Chapter 3.34 establishes a special parcel tax. Single family residential will be taxed $95 annual; multi-family residential will be taxed $65 per unit annually; agricultural parcels will be taxed $95 annual- ly; commercial parcels will be taxed $495 annually; and industrial parcels will be taxed $750 annually. Currently, Chapter 3.34 has a sunset clause which would cause the special parcel tax to expire on November 30, 2024. The proposed measure will amend Chapter 3.34 to remove the sunset clause and allow the special parcel tax to continue, without expi- ration, until repealed. The proposed measure will not amend the amounts of the parcel tax established in Or- dinance No. 368, it only seeks to re- move the sunset clause. Instead, the proposed measure will prevent the ending and re-starting of the police and fire special tax, and will allow the special tax to continue on.  VOTERS  IPL0182790 Jul92024    INITIATIVE MEASURE TO BE: SUBMITTED DIRECTLYTO THE VOTERS  The City Attorney has prepared the following title and summary ofthe chief purpose and points ofthe proposed CONTINUES ORANGE COVE POLICE. AND FIRE SPECIALTAX. This measure proposes to amend existing Ordinance No. 368 which added Chapter 3.34 to the Orange Cove Municipal Code. Chapter 3.34 establishes a special parcel tax. Single family residential will be taxed $95 annual; multi- family residential will be taxed $65 per unit annually; agricultural parcels will be taxed $95 annually; commercial parcels will be taxed $495 annually; and industrial parcels will be taxed $750 annually. Currently, Chapter. 3.34 has a sunset clause which would cause the special parcel tax to expire on November. 30, 2024. Thej proposed measure will amend Chapter: 3.34 to remove the sunset clause and allow the special parcel tax to continue, without expiration, until repealed. The proposed measure will not amend the amounts of the parcel tax established in Ordinance No. 368, it only seeks to remove the sunset clause. Instead, the proposed measure will prevent the ending and re-starting of the police and fire Noticei isl hereby given by the personswhose names appear hereon oft their intention to circulate the petition withint the City ofOrange Cove fort the purpose ofN Measure  measure:  special tax, and will allow the special tax to continue on.  Notice of Intention to Circulate Petition  O. /s/ Josie Cervantes_ Name of Proponent  Proponent Address  City, State, Zip Code NOTICE TO' THE PUBLIC YOUHAVEA! RIGHTTOASK.  THIS PETITION MAY BE CIRUCALTED BY AI PAID SIGNATURE GATHERER ORAVOLUNTEER.  Official Use Only  1. (Print Name) (Signature) 2. (Print Name) (Signature) 3. (Print Name) (Signature) 4. (Print Name) (Signature)  (Residence. Address ONLY)  (City)  (Residence. Address ONLY)  (City)  (Residence Address ONLY)  (City)  (Residence Address ONLY)  (City)    CONTINUES ORANGE COVE POLICE AND FIRE SPECIALTAX. This measure proposes to amend existing Ordinance No. 368 which added Chapter 3.34 to the Orange Cove Municipal Code. Chapter 3.34 establishes a special parcel tax. Single family residential will be taxed $95 annual; multi-family residential will be taxed $65 per unit annually; agricultural parcels will be taxed $95 annually; commercial parcels will be taxed $495 annually; and industrial parcels will be taxed $750 annually. Currently, Chapter 3.341 has a sunset clause which would cause the special parcel tax to expire on November. 30,2024. Thej proposed measure will amend Chapter: 3.34 to remove the sunset clause and allow the special parcel tax to continue, without expiration, until repealed. The proposed measure will not amend the amounts of the parcel tax established in Ordinance No. 368, it only seeks to remove the sunset clause. Instead, the proposed measure will prevent the ending and re-starting of the police and fire  special tax, and will allow the special tax to continue on.  SECTIONI.  Amendment of Special Police/Fire' Tax. Chapter 3.34.0700 oft the Orange Cove Municipal Codei isa amended to read as follows:  3.34.070 Sunset-Clause- The Spoeial Tas adepted under this Chapiers shall nSeE ands expire by eperation ef lawe on Noyember39,2024- Expiration. The Special Tax adopted under this Chapter shall continue until repealed. The Special tax will not endon? November. 30, 2024, and re-start, the Special Tax will continue on. THIS PETITION MAY BE CIRUCALTED BYA A PAID SIGNATURE GATHERER ORA VOLUNTEER.  NOTICETO1 THE PUBLIC YOUHAVEA RIGHTTOASK.  Official Use Only  5. (Print Name) (Signature) 6. (Print Name) (Signature) 7. (Print Name) (Signature)  (Residence Address ONLY)  (City)  (Residence Address ONLY)  (City)  (Residence Address ONLY)  (City)  DECLARATION OF PERSON CIRCULATING SECTION OFI MEASURE PETITION  solemnly swear all oft the following:  1.That Iam 18 years of age or older.  2. That my residence address, including street and number, is 3. That the signatures on this section of the petition form were obtained between the signatures on this section of the petition form being written; and that, to thel best ofmy information and belief, each signature ist the genuine signature of the person whose name it purports to be. Icertify under penalty of perjury under the laws of the State ofC California that the foregoing is true and  20  and  20  that I circulated the petition and Iwitnessed  correct. Executed on Signed  California.  Date    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF ORANGE COVE AMENDING A SPECIAL TAX FOR POLICE AND FIRE AS AUTHORIZED IN GOVERNMENT CODE SECTION 53978, AMENDING CHAPTER 3.34.070 OF THE CITY OF ORANGE COVE MUNICIPAL CODE.  THE CITY COUNCIL OF THE CITY OF ORANGE COVE DOES ORDAIN AS FOLLOWS:  SECTION1. 3.34.070  Amendment of Special Police/Fire Tax. Chapter 3.34.070 oft the Orange  Cove Municipal Code is amended to read as follows:  Sunset-Clause-  - Chapler shall-sunset  and-expire-t yepmiwofhremher34,2024 Expiration. The Special Tax adopted under this Chapter shall continue until repealed. The Special tax will not end on November 30,  2024, and re-start, the Special Tax will continue on.  ********    ORDINANCE No. was PASSED AND ADOPTED by the Voters ofthe City of Orange Cove, County of Fresno, by a 2/3 vote oft the voters at ai regular election held on March 5, 2024.  ATTEST:  Cynthia Cisneros City Clerk  2    RESOLUTION NO.2024-24  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNOTO CONSOLIDATE AND CANVASS' THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION' TO BE. HELD ON THAT: DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400 ET SEQ. FOR THE PURPOSE OF SUBMITTING TOTHE ELECTORS OF THE CITY OF ORANGE COVE. AN INITIAVE MEASURE, AMENDING THE EXISTING PARCEL TAX TO REMOVE THE SUNSET DATE. AND ALLOWING IT CONTINUE ON INDEFINITELY; TO PERMIT THE COUNTY CLERKREGISTRAR OF VOTERS OF THE COUNTY OF FRESNO TO RENDER SPECIFIED SERVICES TO THECITY OF CITY OF ORANGE COVE RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANTTO CALIFORNIA ELECTIONS CODE SECTION 10002; AND AUTHORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID SERVICES  WHEREAS, on City of Orange Cove; and  Proponent submitted to the Fresno County Clerk/Registrar of  Voters a citizens initiative petition ("Petition") signed by not less than 10% ofr registered voters in the  WHEREAS, the Petition proposes the ordinance, attached hereto as Exhibit 1, to amend the existing parcel tax for police and fire to remove the sunset clause and allow the tax to continue on beyond  November, 2024 ("*Ordinance"); and  WHEREAS, on  pursuant to Elections Code Section 9115, the Fresno County  Clerk/Registrar ofVoters completed a random sample signature verification ofthe Petition, finding that the Petition is signed by the requisite number of qualified voters to declare the Petition sufficient; and WHEREAS, the City of Orange Cove shall submit the Ordinance, without alteration, to the voters in  the next statewide election; and  WHEREAS, the Proponent has requested that the measure be designated "Measure O"; and WHEREAS, approval ofa a regular majority oft the electors voting upon the measure is required for  passage oft the measure.  WHEREAS, a Statewide General Election willl be held on November 5, 2024; and  WHEREAS, it is the desire oft the City Council of the City of Orange Cove to adopt al Resolution requesting the Board of Supervisors oft the County ofl Fresno to consolidate said election with the Statewide General Election pursuant to Part 3 ofDivision 10 oft the Elections Code oft the State of  1    California (commencing with Section 10400) to be held on the same date and that, within the City ofOrange Cove, the precincts, vote center locations, ballot drop box locations, and election officersof the two (2) elections be the same; the County Clerk/Registrar of Voters canvass the returns oft the General Municipal Election; and the election be held in all respects as ift there were  only one (1) election;and  WHEREAS, it is the desire of the City Council oft the City of Orange Cove to adopt a Resolution requesting the Board of Supervisors of the County ofFresno to render specified serviçes to the City of Orange Cove relating to the conduct ofa General Municipal Election pursuant to Section 10002  ofthe Elections Code oft the State of California; and  WHEREAS, Section 10002 ofthe Elections Code of the State of California requires the City of Orange Cove to reimburse the County of Fresno in full for the services performed upon presentationof  al bill to the city of Orange Cove.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  ORANGE COVE as follows:  SECTIONI. A General Municipal Election is called and ordered for the City of Orange Cove to be held on November 5,2024, for the purpose of an election to decide on a parcel tax measure, to be  called "Measure O."  SECTION2. Pursuant to the requirements of Section 10403 oft the Elections Code oft the State of California, the Board of Supervisors oft the County ofl Fresno is hereby requested to consent and agree to the consolidation oft the General Municipal Election and the Statewide General Election on  November 5, 2024.  SECTION3. In accordance with the provisions of Section 10403 ofthe Elections Code oft the State of California, the City Council oft theCity of Orange Cove acknowledges that the consolidated election will be held and conducted in accordance withthe provisions oflaw regulating the Statewide General Election pursuant to Section 10418 oft the Elections Code of the State ofCalifornia. SECTION4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding ofthe consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication ofnotices; the hiring, training and supervision of election officers and other election personnel; the printing and distribution ofballot materials; the translation of ballot materials; the collection ofs submitted ballots; the tallying and canvassing of  votes; and the certification of election results.  2    SECTION5. Pursuant to Section 10002 ofthe Elections Code oft the State ofc California, the City Council oft the City of Orange Cove authorizes reimbursement to the County of Fresno in full for the services to bej performed as herein requested and that said sum be paid to the County of Fresno upon  demand and presentation ofa a bill to the City of Orange Cove.  SECTION6. The ballot question hereby approved for said election shall read as follows: ORANGE COVE POLICE. AND FIRE SPECIAL TAX. To continue generating approximately $263,965 annually toi fund police and fire services where eighty (80%) of the special tax proceeds shall be used for police services and twenty percent (20%) shall be used for: fire services, shall the measure levying $95/parcel for single-family homes and specified amounts for multifamily, commercial, agricultural, and industrial parcels, known as Measure "O", be adopted without  expiration, with all funds generated staying in the City of Orange Cove?  SECTION7. Because the Measure is a initiative proposed by the citizens of the City ofOrange  Cove, it will require only require ai regular majority for passage.  SECTION8. The City requests that the Registrar of Voters publish the Notice of Election in the following newspaper, which is the newspaper of general circulation that is regularly circulated in the  City: Reedley Exponent.  THE: FOREGOING RESOLUTION WAS APPROVED AND ADOPTED by the City Council oftheCity ofOrange Cove at ai regular meeting oft the City Council held on. July 24, by the  followingvote: AYES: NOES:  COUNCIL MEMBERS: COUNCIL MEMBERS:  ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:  APPROVED:  Diana Guerra-Silva, Mayor  ATTEST:  Cynthia Cisneros, City Clerk  3