AGENDA ORANGE COVE CITY COUNCIL REGULAR MEETING Wednesday, October 09, 2024 6:30 PM City of Orange Cove Council Chambers 6336th St. Orange Cove, CA 93646 ZOOM Information Meeting ID: 83714525586 Passcode: 251646  ntps/nsoéwebzcomusy8s74s2358PPNG-AVA/MTOA-ELD/TTWC3O01Za3e1  1. CALL TO ORDER/WELCOME  Roll call Invocation  Flag Salute (Pledge of Allegiance) 2. CONFIRMATION OF AGENDA 3. PRESENTATIONS None Scheduled  Public comments during regular business items are limited to three minutes per person and fifteen minutes total per item.  4. CONSENT  (AIl items listed under the consent calendar category are considered routine. The complete consent calendarv 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).  1    4.a. Minutes of the September 25, 2024, Regular Meeting 4.b. Consideration and Necessary Action to Adopt Resolution No. 2024-31 to approve 2024-2029 Services Agreement with the County of Fresno for Law Enforcement Dispatch Services.  Cisneros Dominguez  of Orange Cove City Council  5. REGULAR BUSINESS  5.a. SUBJECT: Consideration and Necessary Action on Adoption of Resolution No. 2024-28 Declaring APN 378-252-10T Surplus RECOMMENDATION: Staff recommends that the Council adopt Resolution 2024-28 declaring the City-owned property APN 378- 5.b. SUBJECT: Consideration and Necessary Action on Approval of an Ordinance Amending Section 8.70.140 of the Orange Cove  Crouch  252-10T to be surplus property  Crouch  Municipal Code  RECOMMENDATION: Staff recommends that the Council approve the ordinance amending section 8.70.140 of the Orange Cove  Municipal Code  5.c. SUBJECT: Consideration and Necessary Action on  Parra  Approval for Resolution No. 2024-30 approving the contract between the City of Orange and the Fresno-Madera Area Agency on Aging for FY: 2024-2025.of an Ordinance Amending Section 8.70.140 oft the Orange RECOMMENDATION Staff recommends for the City Council to approve the contract with the Fresno-Madera Area Agency on Aging for the fiscal year  Cove Municipal Code  2024-2025. The amount awarded was $24,000.00.  6. STAFF COMMUNICATIONS  Parra Fire Chief  6.a.Orange Cove Fire Protection District SUBJECT: Department Report by O.C. Fire Protection District Fire Chief RECOMMENDATION: Informational Only  2    7. PUBLIC COMMENTS  Notice(s) to the Public: This is the opportunity fora any member oft 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 Managerforreview. Members oft the public shall limit their remarks to three  (3) minutes and no more than 15 minutes per topic.  8. CITY MANAGER'S REPORT 9. CITY ATTORNEY'S REPORT 10. CITY COUNCIL COMMUNICATIONS  11. CLOSED SESSION  None Scheduled 12. ADJOURNMENT  ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 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 clyolorangecove.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. 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, (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 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 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.  ENFORCEMENT OF DECORUM RULES  4    (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. Ifafter 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    W.ar  ORANGE COVE CITY COUNCIL REGULAR MEETING Wednesday, September 25, 2024, at 6:30 PM City Council Chambers 633 6th Street, Orange Cove, CA 93646  MINUTES  1. MEETING CALLED TO ORDER  Mayor Guerra-Silva called the meeting to order at 6:31 PM.  ROLL CALL COUNCIL PRESENT: Council Member Maria Vacio Council Member Esperanza Rodriguez Council Member Josie Cervantes Mayor Pro Tem Gilbert Garcia Mayor Diana Guerra-Silva ABSENT: None  CITY STAFF PRESENT: City Manager Parra, Assistant City Manager/Director of Public Works Dominguez, City Attorney Crouch, Director of Planning and Building Patlan, Police Chief Pena, Assistant Finance Director Jimenez, and City Clerk Cisneros.  ABSENT: None  Invocation: Council Member Garcia 2. CONFIRMATION OF AGENDA No changes to the agenda. 3. PRESENTATIONS None 4. CONSENT CALENDAR  Flag Salute: Council Member Esperanza Rodriguez  4.a. Minutes of the August 08, 2024, Special Meeting 4.b. Minutes of the August 27, 2024, Special Meeting 4.c. Minutes of the August 28, 2024, Special Meeting 4.d. Minutes of the August 28, 2024, Regular Meeting  of Orange Cove City Council of Orange Cove City Council of Orange Cove City Council of Orange Cove City Council    4.e. Warrant Register for August 2024 4.f. Consideration and Necessary Action to Approve Resolution No. 2024-27 authorizing the City of Orange Cove to prepare applications for local, state and federal programs, projects, and authorize the City Manager to execute the necessary assurances  and administer the programs  Mayor Pro Tem Garcia motioned, and Council Member Cervantes seconded to accept and  approve the agenda. The motion unanimously carried.  5. PUBLIC HEARING  5.a. Consideration and Necessary Action to approve the close-out oft the 0.CDB6-CV23-00007 Subsistence Payments Program  Assistant City Manager/Director of Public Works Dominguez addressed the council and Public Hearing opened at 6:34 PM. The public (in person & via Zoom) is welcome to ask any questions about the agenda item. 5.a. No members oft the public spoke. Public Hearing Council Member Cervantes motioned, and Council Member' Vacio seconded to accept and  the public.  closed at 6:38 PM.  approve the agenda. The motion unanimously carried. 6.a. Consideration and Necessary Action of Approval of July 1, 2024, to June 30, 2026, Memorandum of Understanding City Attorney Crouch addressed the council and the public.  6.REGULAR BUSINESS  with Local 39  Public Comment opened to discuss agenda item 6.a. (in person & via Zoom). Council Member Cervantes motioned, and Council Member Rodriguez seconded to Accept and approve the agenda. The motion was unanimously carried. 6.b. Discussion of the new Fire Protection & Emergency Response Services Assessment Ballot  No members of the public spoke.  City Manager Parra and City Attorney Crouch addressed the council and the public. Public Comment opened to discuss agenda item 6.a. (in person & via Zoom).  No member of the public spoke. 7.ADMINISTRATION REPORTING  Assistant City Manager/Director of Public Works Dominguez Ribbon Cutting at Sheridan Park on 9/26/24 @ 10AM Sheridan Park is 95% completed on the design. It will go out for bid J.O. Eaton Park Splash Pad. No bids were received.  ina couple of weeks.  Water Well Project 1,000,000-gallon storage tank, bids will go out in the next month. Al lot of paving projects ahead of us this year which include 6th Street and some alleys.    The Highway Safety Improvement Program involves improvements toi intersections. Senate Bill 1 grant will be used for bike lanes, sidewalk and crossing improvements Agrant for $350,000 through the HSIP program was submitted to repair 19 intersections CDBG Community Development Block Grant was submitted for $318,000 for improvements of 2nd Street for the frontage of Sheridan Park Waste Water Plants are operating in compliance with water board requirements. Alley work continues to take place in the southern part of town.  Director of Planning and Building Patlan This will require annexation.  The Macias tract final map was recorded on September 12"h. Yanez Construction can now build the model homes. The infrastructure is in place and the inspection passed. The zoning for Blossom Height Apartments -6.5 acres has been completed. An The 6.5 acres for Mr. Singh will need to be rezoned if he decides to build single-family The tentative map for Mr. Singh's commercial property was approved. Now he will work The site plan was approved for Mr. Lara. He received an authorization of approval and The draft Housing Element was presented to the Planning Commission and approved. The next stepi is to present the draft at a future city council meeting. Starbucks is coming to Orange Cove and will be located next to AutoZone.  apartment complex of 101 units will be built on this acreage. tract homes instead of his initial plan for an apartment complex.  towards at final map and request approval. now can receive the building plans.  Police Chief Pena  Staffing levels-There are currently 10 officers and 1 officer in the background process. Multi-Agency Suppression Detail took place today. A collaborative effort with other The School Resource Officer attended a one-week training in Sacramento. The Orange Cove High School honored the Police, Fire, and EMS for First Responder Stats-The city has been doing good. Traffic collisions are slightly up. The Police Department and Fire Protection District continue to have a good working  By November there should be 11 officers. The new 2023 Dodge Charger pursuit unit arrived.  agencies.  APolice Officer attended Traffic Collision School.  Week relationship. Fire Chief Greenwood  The Fire Protection District and Police Department have a good working relationship. The Battalion Chief is also a Police Officer and is ready to assist at any time. Annual Open House for the Fire Protection District on October 1st from 5:00 PM-8:00 PM. The Police Department will be present along with other agencies.  8. PUBLIC COMMENTS 9. CITY MANAGER'S REPORT  Several members of the public spoke. No one spoke from Zoom.  City Manager Parra thanked the staff who organized & worked the Mexican  Independence Day Celebration on Sept. 14th    The League of Cities Conference in October has requested two voting delegates from the city. Two Council Members are attending. Esperanza Rodriguez will be the Primary  Delegate and Josie Cervantes as the Alternate Delegate  10. CITY ATTORNEY'S REPORT Nothing to report 11. CITY COUNCIL COMMUNICATIONS Council Member Vacio Council Member Cervantes on Sept. 14th Mayor Pro Tem Garcia to approach the podium Mayor Guerra-Silva  On the next council meeting, she'll attend via Zoom due to surgery.  Thanked the staff who organized & worked the Mexican Independence Day Celebration  Asked for the High School Teacher attending the meeting with al large group of students  Inquired about street widening in the city Addressed the public regarding small businesses  Thanked all the community, admin and staff who worked the Mexican Independence  Day Celebration on Sept. 14th  12. CLOSED SESSION  A closed session is needed to discuss the following matter: Conference with Real Property Negotiations (As 54956.8) Agency Negotiation: Daniel Parra, City Manager Under Negotiation: Price, terms of payment No members of the public spoke.  Property: 1300 South Street  The meeting went into closed session at 7:49 PM. There was no reportable action taken on any of the items.  13.ADJOURNMENT There being no further business, the meeting was adjourned  at8:23PM. Respectfully submitted, Cynthia Cisneros City Clerk  Diana Guerra-Silva Mayor    4b  For the Meeting of October 9, 2024  CITY OF ORANGE COVE  REPORT TO THE CITY COUNCIL  To: From: Subject:  Orange Cove City Council  Dario Dominguez, Assistant City Manager  Adopt Resolution No. 2024-31 to approve 2024-2029 Services Agreement with the County of Fresno for Law Enforcement Dispatch  Services.  Attachments:  1. Resolution No. 2024-31  2. Fresno County Agreement for Law Enforcement Dispatch  Services  RECOMMENDATION:  Adopt Resolution No. 2024-31 to approve 2024-2029 Services Agreement with the  County of Fresno for Law Enforcement Dispatch Services.  BACKGROUND:  The City desires to secure law enforcement dispatch services /911 answering responsibilities for the City from Fresno County, through the Fresno County Sheriff's Office, withing City boundaries. This agreement is a renewal, the County has provided these services to the City through the Sheriff's Office since September of 2013. The County will provide law enforcement dispatch services as described in Exhibit A of the Services Agreement. Essentially, the Sheriff Department will receive phone calls for service originating from the City and will dispatch to the Orange Cove Police personnel in response to such requests. The updated rates specified in Exhibit B of the Services Agreement to be charged by County, and subsequently paid by the City, are rates that were set forth in the County's Master Fee Schedule. The dispatch service is a 24/7  operation. None  CONFLICT OF INTEREST: FISCAL IMPACT:  The current rate for 24/25 Fiscal Year is $16.35 per city resident. Thereafter, the estimated 10% increase per year will be dependent on the approved Master Fee  Schedule.  1of2    Prepared by: Assistant City Manager REVIEW: City Manager: TYPE OF ITEM: X Consent Info Item Action Item Department Report Redevelopment Agency  Approved by: Dario Domnquez  Finance:  City Attorney:  COUNCIL ACTION: APPROVED DENIED NO ACTION  Public Hearing Other Continued to:  Matter Initiated by a Council Member  2of2    RESOLUTION NO. 2024-31  A RESOLUTION OF THE COUNCIL OF THE CITY OF ORANGE COVE, CALIFORNIA, ADOPTING A RESOLUTION TO APPROVE THE 2024-2029 SERVICES AGREEMENT WITH THE COUNTY OF FRESNO FOR LAW ENFORCEMENT DISPATCH SERVICES WHEREAS, the City desires to secure law enforcement dispatch services from WHEREAS, the City has been receiving services from the County since  Fresno County; and September 2013;  WHEREAS, the City desires to continue this agreement with the County of  Fresno for Law Enforcement Dispatch Services;  NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that:  Section 1. The above recitals are true and correct and incorporated here in by  reference.  Section 2. The City council approves the Services Agreement with the County of Fresno  for Dispatching Services.  Section 3. The City Manager is hereby authorized to execute the agreement.  Section 4. This resolution is effective upon adoption.  PASSED AND ADOPTED by the City Council of the City of Orange Cove, State  of California this gth day of October 2024, by the following vote:  AYES: NOES:  COUNCIL MEMBERS: COUNCIL MEMBERS:  ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:  APPROVED:  Diana Guerra-Silva, Mayor  ATTEST:  Cynthia Cisneros, City Clerk    1 2  SERVICE. AGREEMENT  This Service Agreement ("Agreement") is dated  and is between  3 the County of Fresno, a political subdivision oft the State of California ("County") and City of 4 Orange Cove, a municipal corporation, whose address is 633 Sixth Street, Orange Cove, 5 hereinafter referred to as "City". County and City may be collectively referred to herein as  6 "Parties" ori in the singular as "Party."  7 8  Recitals  A. WHEREAS, City desires to secure law enforcement dispatch services/9-1-1 answering 9 responsibilities for City from County, through the Fresno County Sheriff's Office, within City's  10 boundaries; 11 13  B. WHEREAS, County has provided these services to City through its Sheriffs Office or its C.V WHEREAS, County agrees to continue to render such law enforcement dispatch 14 services/9-1-1a answering responsibilities for City within the City's boundaries, and City agrees to 15 pay County the cost of performing such services at the rates and according to the terms and  12 designee ("Sheriffs Office") since September of 2013;  16 conditions set forth in this Agreement.  17 18 19 20 22  The parties therefore agree as follows:  Article 1 County's Services  1.1 Scope of Services. County shall provide law enforcement dispatch services as 1.2 The performance of law enforcement dispatch/9-1-1 answering responsibilities for  21 described in Exhibit A, attached and incorporated by this reference.  23 City, including the standards of performance, the discipline and control of personnel and 24 officers, and all other matters incident to the performance of these services shall be the right 25 and responsibility of County. In the case of a dispute between the Parties as to the extent, 26 duties, or functions to be rendered under this Agreement, or the minimum level or manner of 27 such performance of such services, the determination made by the County, through its Sheriff's  28 Office, shall be final and conclusive.  1    1 3  1.3 Representation. The County represents that it is qualified, ready, willing, and able to 1.4 Compliance with Laws. The County shall, ati its own cost, comply with all applicable 4 federal, state, and local laws and regulations in the performance ofi its obligations under this 5 Agreement, including but not limited to workers compensation, labor, and confidentiality laws  2 perform all oft the services provided in this Agreement.  6 and regulations.  7 8 9  Article 2 City's Responsibilities  2.1 Obligations oft the City. City agrees to convert the radios in its police vehicles to such 10 frequencies as required by the Sheriff's Office's communications systems. City shall also place 11 radios in its police vehicles that have a primary and secondary channeling ability, as determined 12 by the Sheriffs Office, for the purpose of ensuring reasonable communications backup. 2.2 City shall have its police personnel use such alpha-numerical. identifier system as 14 determined by the Sheriffs Office, and City assumes responsibility for keeping the Sheriff's  13  15 office communications system secure, as required by law.  16 18 19 in Article 3. 20 21 22  2.3 City agrees that its personnel shall comply with the Sheriff's Office radio procedures, 17 and that it shall hold its employees accountable for failing to comply with such radio procedures. 2.4 City shall timely pay County for services rendered under this Agreement, as provided  Article 3  Compensation, Invoices, and Payments  3.1 The City agrees to pay, and the County agrees to receive, compensation for the 23 performance ofi its services under this Agreement as described in Exhibit B to this Agreement, 24 titled Compensation. The parties also recognize and agree that the monthly compensation due 25 to County for services rendered under this Agreement may be updated from time to time based 26 upon changes to the "per resident charge" and population estimate" figures in Exhibit B. County 27 shall provide City with written notice of charges to the monthly compensation due to County. 28 Such notice shall be given in March of 2025, and yearly thereafter during the term of this  2    1 Agreement. Upon City's approval oft the changes to the monthly compensation due to County 2 due to changes tot the "per resident charge" and' "population estimate" figures, the new monthly 3 compensation amount shall be effective July 1st of the same year notice oft the change was  4 given by County.  5  3.2 As indicated in Exhibit B, the rate specified per resident (Dispatcher Per Capita) to 6 be charged by County, and subsequently paid by City, are the rates set forth in the County's 7 Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), for 8 performing the dispatching services under this Agreement. The parties agree that if and when 9 the Master of Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), 10 is amended, changed, or revised, in any way that changes the rates being charged for the 11 services identified in this Agreement, that the new rate will be charged by the County, and paid 12 by the City, for any services provided pursuant to this Agreement and Exhibit B, from the date of 13 the amendment, change, or revision, going forward. The parties further agree that if and when 14 the Master of Schedule of Fees, Charges and Recovered Costs is amended changed, or 15 revised, in any way that changes the rates being charged for the services identified in this 16 Agreement and Exhibit B, replacing any contrary or conflicting rate, from the effective date of 17 the amendment, change, or revision in the rate(s), and will become the new rate to be paid by 18 the City to County for services provided, from the effective date of the rate change forward. The 19 parties acknowledge that the County's Master Schedule of Fees, Charges, and Recovered  20 Costs is subject to change.  21  3.3 Maximum Compensation. The maximum compensation payable to the County 22 under this Agreement shall not exceed $944,582. The County acknowledges that the City is a 23 local government entity, and does sO with notice that the County's powers are limited by the 24 California Constitution and by State law, and with notice that County may receive compensation 25 under this Agreement only for services performed according to the terms of this Agreement and 26 while this Agreement is in effect, and subject to the maximum amount payable under this 27 section. The County further acknowledges that City employees have no authority to pay the 28 County except as expressly provided in this Agreement. The maximum total is estimated with a  3    1 10% increase, which may be less or more, depending on the approved Master of Schedule 2 Fees. As of fiscal year 2024-25, City of Orange Cove population is 9,463 multiplied by the 3 Dispatcher Per Capita rate at $16.35. Thereafter, the estimated 10% increases are as follows:  4 FY 2024-25 (Year 1) (Population 9,463 XI rate $16.35)  $154,720.05  5 FY 2025-26 (Year 2) (Estimated 10% increase ($154,472.01 X 10%= 7 FY 2026-27 (Year 3) (Estimated 10% increase ($170,192.06x10%- 9 FY2027-28 (Year 4) (Estimated 10% increase ($187,211.26 > X 10%= 11 FY2028-29 (Year 5) (Estimated 10% increase $205,93239x109-  6 $15,472.01) 8 $17,019.06) 10 $18,721.13)  $170,192.06 $187,211.26 $205,932.39  12 $20,593.24) $226,525.63  13 14  Total $944,581.39, rounded up to $944,582.00  3.4 Invoices. The County shall submit monthly invoices to the City and City shall pay the 15 County within thirty (30) calendar days of receipt of any such invoice. At the end of the Fiscal 16 Year, or the expiration or termination of this Agreement, County may, in the discretion of Sheriff 17 or its designee, submit a final invoice for all amounts then unpaid, including, but not limited to, 18 any remaining, unpaid hours of dispatching services, as outlined in Article 1 and City shall pay  19 the full amount of this final invoice within thirty (30) days of receipt thereof.  20  3.5 Payment. The City shall pay each correctly completed and timely submitted invoice 21 within thirty (30) days after receipt. Any payment made more than thirty (30) days after receipt of 22 an invoice may result in contract termination of service reduction, int the sole discretion oft the 23 Fresno County Sheriff's Office, without any penalty or recourse against County. City shall remit  24 payments to the County's address specified in the invoice.  25 27 28  3.6 Incidental Expenses. The County is solely responsible for all of its costs and  26 expenses that are not specified as payable by the County under this Agreement.  4    1 2 3  Article 4 Term of Agreement  4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June  4 30, 2027, except as provided in section 4.2, "Extension," or Article 6, Termination and  5 Suspension,' below.  6  4.2 Extension. The term of this Agreement may be extended for no more than two, one- 7 year periods only upon written approval of both parties at least 30 days before the first day of 8 the next one-year extension period. The Sheriff or his or her designee is authorized to sign the 9 written approval on behalf oft the County based on the City's satisfactory performance. The 10 extension of this Agreement by the County is not a waiver or compromise of any default or 11 breach of this Agreement by the City existing at the time of the extension whether or not known  12 to the County. 13 14 15 17 18 19 20 21 22 23 24 25 26 28  Article 5 Notices  5.1 Contacti Information. The persons and their addresses having authority to give and  16 receive notices provided for or permitted under this Agreement include the following:  For the County: Sheriff's Captain Sher#-Coroner-Pubic Administrator County of Fresno 2200 Fresno Street Fresno, CA 93721 MPRiton Fax: 559-600-8318 For the City: Chief of Police Orange Cove Police Department City of Orange Cove 550 Center Street Orange Cove, CA 93646 Phone No.: 559-626-5106  5.2 Change of Contact Information. Either party may change the information in section  27 5.1 by giving notice as provided in section 5.3.  5    1  5.3 Method of Delivery. Each notice between the County and the City provided for or 2 permitted under this Agreement must be in writing, state that iti is a notice provided under this 3 Agreement, and be delivered either by personal service, by first-class United States mail, by an 4 overnight commercial courier service, by telephonic facsimile transmission, or by Portable  5 Document Format (PDF) document attached to an email.  6 7 8 9 10 11 12 13 14 15 16 17 18 19  (A) A notice delivered by personal service is effective upon service to the recipient. (B). A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the (C)Ar notice delivered by an overnight commercial courier service is effective one. County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to (D) A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission. 5.4 Claims Presentation. For all claims arising from or related to this Agreement,  recipient.  the recipient.  20 nothing in this Agreement establishes, waives, or modifies any claims presentation 21 requirements or procedures provided by law, including the Government Claims Act (Division 3.6  22 ofTitle 1 of the Government Code, beginning with section 810).  23 24 25  Article 6  Termination and Suspension  6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are 26 contingent on the approval of funds by the appropriating government agency. If sufficient funds 27 are not allocated, then the County, upon at least 30 days' advance written notice to the City,  28 may:  6    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16  (A) Modify the services provided by the County under this Agreement; or  (B) Terminate this Agreement. 6.2 Termination for Breach.  (A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice oft the breach to the City. The written notice may suspend performance under this Agreement, and must provide at least 30 days for (B) Ift the City fails to cure the breach to the County's satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. (C) For purposes oft this section, a breach occurs when, in the determination of the  the City to cure the breach.  County, the City has:  (1) Obtained or used funds illegally or improperly; (2) Failed to comply with any part of this Agreement;  (3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.  6.3 Termination without Cause. In circumstances other than those set forth above, 17 either party may terminate this Agreement by giving at least 30 days advance written notice to  18 the other party. 19 21 22 23  6.4 No Penalty or Further Obligation. Any termination oft this Agreement by the County  20 under this Article 6 is without penalty to or further obligation of the County.  Article 7 Independent Contractor  7.1 Status. In performance oft the work, duties and obligations assumed by County 24 under this Agreement, it is mutually understood and agreed that County, including any and all of 25 County's officers, agents, and employees, will at all times be acting and performing as an 26 independent contractor, and shall acti in an independent capacity, and not as an officer, agent, 27 servant, employee, joint venturer, partner, or associate of the City. Furthermore, City shall have 28 no right to control or supervise or direct the manner or method by which County shall perform its  7    1 work and function. However, City shall retain the right to administer this Agreement sO as to 2 verify that County is performing its obligations in accordance with the terms and conditions  3 thereof. 4  7.2 Verifying Performance. City and County shall comply with all applicable provision of 5 law and the rules and regulations, if any, of governmental authorities having jurisdiction over 6 matters the subject thereof. The City has no right to control, supervise, or direct the manner or 7 method by which County shall perform its work or function., but the City may verify that the  8 County is performing according to the terms of this Agreement.  9  7.3 Benefits. The Parties shall be solely liable and responsible for providing to, or on 10 behalf of, their employees all legally-required employee benefits. In addition, Parties shall be 11 solely responsible and save the other Party harmless from all matters relating to payment of 12 each Party's employees, including compliance with Social Security withholding and all other  13 regulations governing such matters.  14 16 17 18  7.4 Services to Others. The parties acknowledge that, during thet term oft this  15 Agreement, the County may provide services to others unrelated to the City.  Article 8 Indemnity and Defense  8.1 Indemnity. The City agrees toi indemnify, save, hold harmless, and at County's 19 request, defend County, its officers, agents, and employees from any and all costs and 20 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses 21 occurring or resulting to County in connection with the performance, or failure to perform, by 22 City, its officers, agents, or employees under this Agreement, and from any and all costs and 23 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses 24 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the 25 performance, or failure to perform, of City, its officers, agent, or employees under this  26 Agreement. 27  The County agrees to indemnify, save, hold harmless, and at City's request, defend  28 City, its officers, agents, and employees from any and all costs and expenses (including  8    1 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to City 2 inc connection with the performance, or failure to perform, by County, its officers, agents, or 3 employees under this Agreement, and from any and all costs and expenses (including 4 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any 5 person, firm, or corporation who may be injured or damaged by the performance, or failure to 6 perform, of County, its officers, agent, or employees under this Agreement.  7 8 9 10 11 12  8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.  Article 9 Reserved Article 10  Inspections, Audits, and Public Records  10.1 Inspection of Documents. Either party shall make available to the County, and 13 either party may examine at any time during business hours and as often as the County deems 14 necessary, all of the other party's records and data with respect to the matters covered by this 15 Agreement, excluding attorney-client privileged communications. A party shall, upon request by 16 the other party, permit the requesting party to audit and inspect all of such records and data to  17 ensure the party's compliance with the terms oft this Agreement.  18  10.2 State Audit Requirements. If this Agreement exceeds $10,000, the County and City  19 shall be subject to the examination and audit of the California State Auditor, as provided in 20 Government Code section 8546.7, for a period of three years after final payment under this  21 Agreement. This section survives the termination of this Agreement.  22  10.3 Public Records. The County is not limited in any manner with respect to its public 23 disclosure of this Agreement or any record or data that the City may provide to the County. The 24 County's public disclosure oft this Agreement or any record or data that the City may provide to  25 the County may include but is not limited to the following:  26 27 28  (A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental  agency.  9    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20  (B) The County may voluntarily, or upon request by any member oft the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by  court order.  (C) This Agreement, and any record or data that the City may provide to the County, iss subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).  (D) This Agreement, and any record or data that the City may provide to the County, iss subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000)  ("CPRA").  (E) This Agreement, and any record or data that the City may provide to the County, iss subject to public disclosure as information concerning the conduct of the people's business of the State of California under California Constitution, Article 1, section 3,  subdivision (b).  (F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County's right or duty to disclose to the public or 10.4 Public Records Act Requests. If a party ("Requesting Party") receives a written or  governmental agency any such record or data.  21 oral request under the CPRA to publicly disclose any record that is in the other party's 22 ("Disclosing Party")p possession or control, and which the Requesting Party has a right, under 23 any provision of this Agreement or applicable law, to possess or control, then the Requesting 24 Party may demand, in writing, that the Disclosing Party deliver to the Requesting Party, for 25 purposes of public disclosure, the requested records that may be int the possession or control of 26 the Disclosing Party. Within five business days after the Requesting Party's demand, the 27 Disclosing Party shall (a) deliver to the County all oft the requested records that are in the 28 Disclosing Party's possession or control, together with a written statement that the Disclosing  10    1 Party, after conducting a diligent search, has produced all requested records that are in the 2 Disclosing Party's possession or control, or (b) provide to Requesting Party a written statement 3 that the Disclosing Party, after conducting a diligent search, does not possess or control any of 4 the requested records. The Disclosing Party shall cooperate with the Requesting Party with 5 respect to any such demand for such records. If the Disclosing Party wishes to assert that any 6 specific record or data is exempt from disclosure under the CPRA or other applicable law, it 7 must deliver the record or data to the Requesting Party and assert the exemption by citation to 8 specific legal authority within the written statement that it provides to the Requesting Party 9 under this section. The Disclosing Party's assertion of any exemption from disclosure is not 10 binding on the Requesting Party, but the Requesting Party will give at least 10 days' advance 11 written notice to the Disclosing Party before disclosing any record subject to the Disclosing 12 Party's assertion of exemption from disclosure. The Disclosing Party shall indemnify the 13 Requesting Party for any court-ordered award of costs or attorney's fees under the CPRA that 14 results from the Disclosing Party's delay, claim of exemption, failure to produce any such 15 records, or failure to cooperate with the Requesting Party with respect to the Requesting Party's  16 demand for any such records.  17 18 19 20 21  Article 11 Reserved Article 12 General Terms  12.1 Modification. Any matters of this Agreement may be modified from time to time by 22 written consent of all parties without, in any way, affecting the remainder. Except as provided in 23 Article 6, Termination and Suspension," this Agreement may not be modified, and no waiver is 24 effective, except by written agreement signed by both parties. The City acknowledges that 25 County employees have no authority to modify this Agreement except as expressly provided in  26 this Agreement. 27  12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations  28 under this Agreement without the prior written consent of the other party.  11    1 3  12.3 Governing Law. The laws oft the State of California govern all matters arising from 12.4 Jurisdiction and' Venue. This Agreement is signed and performed in Fresno 4 County, California. City consents to California jurisdiction for actions arising from or related to 5 this Agreement, and, subject to the Government Claims Act, all such actions must be brought  2 or related to this Agreement.  6 and maintained in Fresno County.  7  12.5 Construction. The final form oft this Agreement is the result oft the parties' combined  8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be 9 ambiguous, that ambiguity shall not be resolved by construing the terms oft this Agreement  10 against either party.  11 12 14  12.6 Days. Unless otherwise specified, "days" means calendar days.  12.7 Headings. The headings and section titles in this Agreement are. for convenience 12.8 Severability. .Ifanything in this Agreement is found by a court of competent 15 jurisdiction to be unlawful or otherwise unenforceable, the balance oft this Agreement remains in 16 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of 17 this Agreement with lawful and enforceable terms intended to accomplish the parties' original  13 only and are not part oft this Agreement.  18 intent. 19  12.9 Nondiscrimination. During the performance of this Agreement, the City shall not 20 unlawfully discriminate against any employee or applicant for employment, or recipient of 21 services, because of race, religious creed, color, national origin, ancestry, physical disability, 22 mental disability, medical condition, genetic information, marital status, sex, gender, gender 23 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to  24 all applicable State of California and federal statutes and regulation.  25  12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation 26 of the City under this Agreement on any one or more occasions is not a waiver of performance 27 of any continuing or other obligation of the City and does not prohibit enforcement by the County  28 of any obligation on any other occasion.  12    1  12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement 2 between the City and the County with respect to the subject matter of this Agreement, and it 3 supersedes all previous negotiations, proposals, commitments, writings, advertisements, 4 publications, and understandings of any nature unless those things are expressly included in 5 this Agreement. If there is any inconsistency between the terms oft this Agreement without its 6 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving 7 precedence first to the terms of this Agreement without its exhibits, and then tot the terms oft the  8 exhibits. 9 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28  12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to 12.13 Authorized Signature. The City represents and warrants to the County that: (A) The City is duly authorized and empowered to sign and perform its obligations (B) The individual signing this Agreement on behalf of the City is duly authorized to do sO and his or her signature on this Agreement legally binds the City to the terms of 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by  10 create any rights or obligations for any person or entity except fort the parties.  under this Agreement.  this Agreement.  18 electronic signature as provided in this section.  (A). An electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1)a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an (B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original  original handwritten signature.  nandwritten signature of that person.  13    1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  (C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, (D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that  Part 2, Title 2.5, beginning with section 1633.1).  representation.  (E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an  handwritten signature.  12 original, and all of which together constitute this Agreement.  [SIGNATURE PAGE FOLLOWS]  14    1 2 3 4 5 6 7 8 10  The parties are signing this Agreement on the date stated in the introductory clause.  CITY OF ORANGE COVE  COUNTY OF FRESNO  Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno Attest: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California  (Authorized Signature) Print Name & Title 633 Sixth Street 9 Orange Cove, CA 93646 11 For accounting use only: 12 Org No.: 31113320 Account No.: 4975 13 Fund No.: 0001 Subclass No.: 10000 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  By: Deputy  15    Exhibit A Scope of Services  1 2 3  Law Enforcement Dispatch Services: County agrees, through its Sheriff's Office, to  4 receive phone calls at the Sheriff's Office communications center for requests to dispatch City's 5 police department personnel in response to such requests. The dispatching services provided 6 under this Agreement do noti include, and the Sheriffs Office shall not provide, any dispatch 7 services for requests for emergency medical services or fire suppression services. If the 8 Sheriffs Office receives telephone calls requesting emergency medical services or fire 9 suppression services within City boundaries, the Sheriffs Office shall transfer those calls to the 10 emergency medical services dispatching center. The Sheriff's Office shall provide dispatch 11 services via the radio to direct City's police department personnel to various calls for service. 13 City's police personnel in the use oft the Sheriff's Office's radio procedures and language as 14 deemed necessary by the Parties. This training shall cover the computer priority systems, 15 uniformity of dispositions, and radio language and proper radio etiquette.  12  The Sherif's Office shall also provide, within the limitations of this Agreement, training to  16 17 18 19 20 21 22 23 24 25 26 27 28  A-1    Exhibit B  1  The County will be compensated for performance ofi its services under this Agreement  2 as provided in this Exhibit B. The County is not entitled to any compensation except as 3 expressly provided in this Exhibit B, and as described in this Agreement.  4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  1. County agrees to perform services for the City at the rate specified below per resident of the City (as determined by the State Department of Finance certified population estimated as of January 1st oft that year) until such time as the rate is updated pursuant to Article 3 of this Agreement. Under this Agreement, the County's cost recovery shall be 100%, att the then-current rate (i.e. the rate listed at the time the service is provided) listed in the Master Schedules of Fees Charges, and Recovered Costs, Section 2609, subdivision (a), for the Dispatcher Per Capita at the rate, per hour. City acknowledges that these rates are subject to change, as delineated in the Agreement. The total amount of the Law Enforcement Dispatch Services to be provided and paid for, and the 2. Monthly Charge for FY 2024-25 (July 1, 2024 June 30, 2025) (hereinafter the 2025- 2025 Monthly Charge") is charged to the latest approved Master Schedule of Fees  manner ofi invoicing, is depicted in the Agreement.  (MSF) on November 28, 2023 rates for the following:  A. The methodology to calculate these amounts are as follows:  (July 1, 2024 - June 30, 2025) Per resident charge = $16.35 (100% of $16.35 Number of residents in City (as determined by State Department of Finance certified population estimate as of January 1, 2023)=9 9,463 2024-2025 Monthly Charge = $16.35/resident. x 9,463 residents)/12 months =  per resident)  12.894/month  B-1    514,  For the Meeting of October 9, 2024  CITY OF ORANGE COVE REPORT TO THE CITY COUNCIL  To: From: Subject: Attachments: RECOMMENDATION:  Orange Cove City Council Megan Crouch, City Attorney  Adoption of Resolution No. 2024-28 Declaring APN 378-252-10T  Surplus  Resolution No. 2024-28  Staff recommends that the Council adopt Resolution 2024-28 declaring the City-owned property  APN 378-252-10T to be surplus property.  BACKGROUND:  The Property at issue is a City-owned property with the APN 378-252-10T. The property  is currently being used by Target 8 to run a childcare facility.  Prior to the sale of property, the Council must declare the property surplus, and the City must satisfy surplus property requirements of the Surplus Property Act (SLA) (Government Code Section 54220, et seq.). One (1)mandate requires the City to provide a written notice of availability (NOA) to housing, park-open space, and school agencies and to "housing sponsors" informing them of an opportunity to purchase the property. The notified parties must be given sixty (60) days to respond to the NOA if they are interested in purchasing or leasing the property. Following the sixty (60) day notice period, if no notified party expresses an interest in the property, the City may negotiate  Prepared by: City Attorney REVIEW: City Manager: TYPE OF ITEM: Consent Info Item X Action Item Department Report Redevelopment Agency  Approved by: Megan Crouch  Finance:  City Attorney: Public Hearing Other Continued to:  COUNCIL ACTION: APPROVED DENIED NO ACTION  Matter Initiated by a Council Member    sales terms with a private party.  Pursuant to Government Code Section 54230.5(b)(1), following the expiration oft the sixty (60) notice period and prior to signing a Purchase & Sale Agreement for the property, the City must provide to the California Dept. of Housing and Community Development (HCD) ac description of the NOA: and negotiations conducted by the City. A copy of the Purchase & Sale Agreement negotiated with an interested party must be provided to HCD for review. The statute gives HCD thirty (30) days to review the information and material. The City may sell the property once HCD grants its approval or HCD fails to notify the Under Government Code Section 54230.5(a)(1), failure by the City to satisfy SLA requirements will result in a penalty of thirty percent (30%) of the final sales price for the first (1S1) violation and a fifty percent (50%) penalty for each subsequent violation. By adopting Resolution 24- the Council will declare the property surplus and will direct the City Manager to send the required NOA to housing, park-open space, and school agencies and to "housing sponsors." The Resolution further directs the City Manager to negotiate sales terms with an agency or "housing sponsor" responding to the notice or, if no agency or "housing sponsor" responds, with a private party. The City Manager will submit the negotiated terms to the City Council for consideration and approval at a future meeting. The property will not be sold until the Council approves the sales terms. Pursuant to Section 15312 of the California Environmental Quality Act Guidelines (CEQA), the sale of surplus government property is considered exempt from further  City of a violation during the thirty (30) day review period.  environmental review FISCAL IMPACT: None. None.  CONFLICT OF INTEREST:    RESOLUTION NO. 2024-28 TO BE SURPLUS PROPERTY  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE, CALIFORNIA, DECLARING THE PROPERTY APN378-252-10T  WHEREAS, the City of Orange Cove ("City") owns the following Property: APN:378- WHEREAS, the Property is more particularly described in the attached Exhibit "A,"  252-10T (-Property");and  which isi incorporated herein by reference; and  WHEREAS, the City no longer has a need for the Property.  NOW,THEREFORE, BEI ITRESOLVED, the City Council oft the City ofOrange Cove RESOLVED FURTHER, the City Manager is hereby authorized and directed to send a Notice of Availability (NOA) to public agencies and housing sponsors in the manner required by  hereby declares the Property to be surplus.  Government Code Section 54222.  RESOLVED FURTHER, the City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms ofs sale or lease of the Property with any public agency or housing sponsor that responds to the NOA and expresses an interest in the  Property.  RESOLVED FURTHER, ifr no agency or housing sponsor that receives the NOA desires to purchase or lease the Property or ift the City is unable to successfully negotiate a sale or lease with an interested agency or housing sponsor, the City Manager is hereby authorized and directed  to negotiate the sale ofthe Property to a private party.  RESOLVED FURTHER, the City Manager is directed to provide the Council, for its review and approval, those terms that the City Manager negotiates in accordance with this  Resolution.  RESOLVED FURTHER, the Property will not be sold or leased until applicable terms PASSED, ADOPTED AND APPROVED this 9th day of October 2024 by the following  are approved by the City Council.  vote: AYES: NOES:  COUNCIL MEMBERS: COUNCIL MEMBERS:  ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:    APPROVED:  Diana Guerra-Silva, Mayor  ATTEST:  Cynthia Cisneros, City Clerk  EXHIBIT "A"    For the Meeting of October 9, 2024  CITY OF ORANGE COVE REPORT TO THE CITY COUNCIL  To: From: Subject: Attachments: RECOMMENDATION: Orange Cove Municipal Code BACKGROUND:  Orange Cove City Council Megan Crouch, City Attorney Cove Municipal Code. Ordinance No. 399  Approval of an Ordinance Amending Section 8.70.140 oft the Orange  Staff recommends that the Council approve the ordinance amending section 8.70.140 of the  Council has expressed an interest in setting forth stringent guidelines that must be achieved in order for Orange Cove to allow nonmedical cannabis storefronts to operate within the City. This ordinance would amend the Municipal Code to require that four (4) affirmative votes of the Council, as well as voter approval, must occur before nonmedical This is the first reading of the ordinance. Council can suggest changes to the ordinance, and it will come back for approval and adoption at a future council meeting.  cannabis can be allowed in the City.  FISCAL IMPACT: None. None.  CONFLICT OF INTEREST: Prepared by: City Attorney REVIEW: City Manager: TYPE OF ITEM:  Approved by: Megan Crouch  Finance:  City Attorney: Public Hearing Other Continued to:  COUNCIL ACTION: APPROVED DENIED NO ACTION  Consent Info Item Action Item Department Report Redevelopment Agency  Matter Initiated by a Council Member    ORDINANCE NO. 399  AN ORDINANCE OF THE CITY OF ORANGE COVE AMENDING SECTION 8.70.140, RELATING TO NONMEDICAL CANNABIS, OF  THE CITY OF ORANGE COVE MUNICIPAL CODE.  THE CITY COUNCIL OF THE CITY OF ORANGE COVE DOES ORDAIN AS  FOLLOWS: SECTION1. as follows:  Amendment of 8.70.140 - Commercial nonmedical marijuana  businesses prohibited. Section 8.70.140 of the Orange Cove Municipal Code is added to read  8.70.140 - Commercial nonmedical marijuana businesses prohibited. Commercial nonmedical marijuana businesses are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or toj permit to be engaged in, conducted or carried on, in or upon any premises ini the city, a commercial nonmedical marijuana business. Should the City Council wish to remove the above prohibition, it will require four (4) affirmative votes of the City Council as well as approval by the registered voters of the City at a  regularly scheduled election.  SECTION: 3. Severability. Ifany part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if  such invalid portion thereofhad' been deleted.  SECTION 4. This ordinance shall take effect thirty (30) days after its passage.  SECTION 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, 1,Cynthia Cisneros, City Clerk for the city of Orange Cove do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Orange Cove held on the 9th day of October 2024, and passed and adopted at a regular meeting of the City  published in the County ofFresno.  Council held on the 9th day of October 2024, by the following vote, to wit:  (Signatures on following page)    AYES: NOES:  COUNCIL MEMBERS: COUNCIL MEMBERS:  ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:  APPROVED:  Diana Guerra-Silva, Mayor  ATTEST:  Cynthia Cisneros, City Clerk  2    5.c,  For the Meeting of October 9, 2024  CITY OF ORANGE COVE REPORT TO THE CITY COUNCIL  To: From: Subject:  Orange Cove City Council  Danny Jimenez, Assistant Finance Director  Approval for Resolution No. 2024-30 approving the contract between the City of Orange and the Fresno-Madera Area Agency on Aging  for FY 2024-2025. Resolution No 2024-30 Contract  Attachments:  BACKGROUND:  The City of Orange Cove has a contract with the Fresno-Madera Area Agency on Aging to provide services for our senior citizens. The local contract must be approved  annually by the City Council. RECOMMENDATION:  For the City Council to approve the contract with the Fresno-Madera Area Agency on Aging for the fiscal year 2024-2025. The amount awarded was $24,000.00.  FISCAL IMPACT:  $24,000 of senior center expense reimbursements.  Prepared by: Assistant Finance Director  Approved by: Daniel T. Parra  REVIEW: Assistant Finance Director  Finance:  City Attorney: Public Hearing Other Continued to:  TYPE OF ITEM: A  COUNCIL ACTION: APPROVED DENIED NO ACTION  Consent Info Item Action Item Department Report Redevelopment Agency  Matter Initiated by a Council Member    RESOLUTION NO. 2024-30  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE APPROVING CONTRACT WITH THE FRESNO-MADERA AREA AGENCY ON WHEREAS, the City Council of the City of Orange Cove hereby approves Contract Number 25-0261 with the Fresno-Madera Area Agency on Aging (FMAAA) for fiscal year 2024-  AGING (FMAAA)  2025  NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized  to execute the contract and necessary supporting documents for said contract.  CLERK'S CERTIFICATION  I,Cynthia Cisneros, Municipal City Clerk of the City of Orange Cove, certify that the foregoing Resolution was adopted by the Council of the City of Orange Cove, at a regular City Council  meeting held on October 9, 2024, by the following vote:  PASSED, ADOPTED AND APPROVED this 9th day of October 2024 by the following  vote: AYES: NOES:  COUNCIL MEMBERS: COUNCIL MEMBERS:  ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:  APPROVED:  Diana Guerra-Silva, Mayor  ATTEST:  Cynthia Cisneros, City Clerk    CONTRACT BETWEEN CITYOF ORANGECOVE AS SERVICE PROVIDER AND  FRESNO-MADERA AREA. AGENCY ON AGING (HEREINAFTER REFERRED TO AS AGENCY ON AGING) 2520 WEST SHAWLANE, SUITE 101A, FRESNO, CA97311 MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):  City ofOrange Cove 6336 6th Street Orange Cove, CA 93646  B. The starting date oft this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term oft this Agreement is from. July 1, 2024 to June 30, 2025, subject, however, to earlier C. No expenditure or obligation for thet funding allocation for the. July 1, 2024 through June 30, 2025 D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or byt the U.S. Government or the Budget Acts oft the appropriate fiscal years for the purposes of this program: Approved! by Fresno-Madera. Area Agency on Aging Governing Board on April1 117,2024  termination as provided herein. period may! be incurred after June 30, 2025.  Federal Grantor: Pass Through Grantor: Contract No.:  U.S. Department of Health and Human Services Fresno-Madera Area Agency on Aging  Older Americans Act Title: Title IIIC C1 Congregate Nutrition, Federal CFDA No. 93.045  25-0261  Service: Site Management  Site  Funding Period: July 2024-June 2025  Contract Period Grant Amount: Maximum Expenditure: $24,000  Orange Cove Senior Center  E. This document together with any attached program exhibits, assurances; budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specifiedi in ar manner consistent with the intent of, and regulations applicable to, service programs under Title IIIMVII of the Older Americans Act as amended. F. The provisions oft the Areal Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus alle enclosures listed, herein, constitute a part of this contract.  Area Plan Grant Award Contract  Page 1  FY2024-2025