Hanford City Council
March 1, 2022

March 1, 2022
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK :

PUBLIC COMMENT :

Comments from the public are limited to items listed on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION :

Discussion and direction on modifications to Section 13.12 of the Municipal Code rela ting to compliance with SB 1383.

CLOSED SESSION FOR THE DICUSSION OF THE FOLLOWING :

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC 54956.9 (d)(1):

Bradley Glen-Smith v. City of Hanford
Kings County Case No. 21C0037

Helena v. City of Hanford
Kings County Case No. 17C0102

Paula Lofgren v. City of Hanford
Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

Kings County Case No. 21C0188

McLemore, et al. v. City of Hanford
Kings County Case No. 21C0023

Mendoza, et al. v. City of Hanford, Fabian Avalos
Eastern District of California Case No. 1:21-cv-00721

Luis Ortiz Alonzo v. City of Hanford, Ruben Cano
Kings County Case No. 21C0396

Nathaniel Rodriguez v. City of Hanford
Kings County Case No. 21C0172

David Ponce v. City of Hanford
Eastern District of California Case No. 1:21-cv-01045
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC 54956.9 (d)(2)):

Threatened litigation regarding zoning and land use matter

Claim filed by Darlene Mata dated January 6, 2021
CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Robert Hayden
FLAG SALUTE:

CLOSED SESSION ACTION REPORT:

COUNCIL REPORTS/GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on an y item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, excep t that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public test imony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the July 20, 2021 Meeting C. City Clerk: Approval of the Minutes of the August 3, 2021 Meeting D. City Clerk: Approval of the Minutes of the August 4, 2021 Special Meeting E. Administration: Authorization for the City Manager to appro ve an annual Professional Services Agreement with Thorn Run for federal legislative advocacy services, effective March 1, 2022 through Dec. 31, 2022, for a monthly fee of $5,000.

F. Administration: Approval of a Letter of Support to the California State Tr ansportation Agency (CalSTA) for the Tulare/Kings Cross -Valley Corridor (CVC) Zero -Emission Bus (ZEB) Expansion project (PHASE 1).

G. Public Works: Authorization to Advertise for Bids for the FY 21/22 Reclamite Seal Treatment Project and pre -authorize the City Manager to award and execute the contract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.

H. Public Works: Adoption of Resolution 22 -07-R authorizing submittal of Notice of Intent t o Comply with the requirements of SB 1383.

I. Public Works: Approval of Resolution 22-08-R authorizing submittal of applications for payment programs and related authorizations as required by the California Department of Resources Recycling and Recovery (CalRecycle).

J. Public Works: Approval of the Purchase of a 2023 Peterbilt/Heil 27yd rear loader refuse truck from E.M. Tharp Inc., of Porterville, Ca., in the amount of $307,454.94 as replacement of a 2008 20yd rear loader truck; Authorization of an additi onal appropriation of $61,454.94 from Refuse Capital Reserve Funds to cover the cost of the purchase; and declare the 2008 unit as surplus.

K. Public Works: Dedication of street right-of-way to the State Department of Transportation for the roundabout right-of-way on Highway 43 at Lacey Boulevard 8:00 PM PUBLIC HEARINGS:

A. Clerk: Conduct the Third Public Hearing to Receive and Update on the Redistricting Process; Review Draft Maps that were received; and Receive input from the community regarding the redrawing of City Council District Boundaries

GENERAL BUSINESS:

A. Adoption of Resolution Nos. 22 -04-R and 22 -05-R, establishing community fac ilities, district goals, and policies and stating the Council’s intention to form Community Facilities District 2022-01 (Live Oak).

COUNCIL COMMENTS AND COMMUNICATIONS:

At this time, any Council Member may ask a question for clarification, make an announce ment, or report briefly on their activitie s. In addition, subject to Council Polices and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda (GOV. CODE. 54954.2) Council Future Agenda Items
Upcoming Events and Important Dates:

March 5: Community Based Planning Meeting for the proposed Civic Park Renovation Project - 6:00 p.m. Courthouse Square
March 15: City Council Meeting 4th Redistricting Public Hearing 8:00 p.m.

March 8,15,22,29: Food Truck Takeover on Court Street in Civic Park (Every Tuesday 11:00 a.m. – 2:00 p.m.)
ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: B

SUBJECT:

City Clerk: Approval of the Minutes of the July 20, 2021 Meeting

Recommendation:

Approve the minutes of the July 20, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

7.20.2021

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CITY COUNCIL MEETING

MINUTES
July 20, 2021 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY AND CLOSED SESSION:

Mayor Ramirez called the meeting to order at 4:00 p.m.

ROLL CALL BY THE CITY CLERK :

Present: Francisco Ramirez, Diane Sharp, Kalish Morrow, Art Brieno, Amanda Saltray PUBLIC COMMENT:

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

None.

STUDY SESSION :

A. Parks Resource Officer Update
Parks and Community Services Director Brad Albert and Police Chief Parker Sever presented a three- month update for the Parks Resource Officer pilot program. Both departments have received positive feedback fro m the community. Three art designs have been s elected for the new Parks Resource Officer vehicle. Chief Sever provided officer statistics and commended Officer Domingo Bursiaga for all his hard work. Staff answered questions from the Council.

B. Presentation of the Master Fee Sch edule for Fiscal Year 2021-22 for the Council's review and discussion
Financial Analyst Destiny Borba presented the Master Fee Schedule. All department heads were in attendance to answer questions from the Council. The C ouncil discussed each of the departm ents' fees and provided input.

Staff answered questions from the Council. Amendments will be discussed during the public hearing for the Council's approval.

The Council directed staff to amend the listed fees:

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)

Parks and Community Service Department:

COE Park Hall Rental Deposit for Residents is to increase from $100 to $150 Longfield Center Rental deposit for Resident fee $150 and Non-Resident fee $250

Police Department:

Finger Printing-Live Scan (Digital)
Parking Ordinance (Per Violation) fees are to remain at $35 (excl. Towing skaters and Handicap Parking)

Mayor Ramirez adjourned to closed session at 6:12 p.m.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (GC 54956.9(d)(1)):

Cesar Pimentel v. Mark Carrillo and Alfred Rivera
Eastern District Case No.: 1:19-cv-1088

Nathan Rodriguez v. City of Hanford
Kings County Superior Court Case: 21C0172

Paula Lofgren v. City of Hanford
Kings County Superior Court Case No: 21C0188

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (GC 54956.9(d)(4)):

Number of potential cases: 5

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (GC 54956.9(d)(2):

CONFERENCE WITH LEGAL COUNSEL-PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC 54957(b)(1)):

Title: City Manager
CALL TO ORDER REGULAR SESSION:

Mayor Ramirez called the meeting to order at 7:00 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Present 3:55 PM
Art Brieno Council Member Present 3:58 PM
Kalish Morrow Council Member Present 3:52 PM
Amanda Saltray Council Member Present 3:53 PM
Francisco Ramirez Mayor Present 3:40 PM

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)
INVOCATION:

The invocation was led by Police Chief Parker Sever.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

RECOGNITIONS/PROCLAMATIONS:

A. Proclamation for Hanford's 130th Birthday
Vice Mayor Sharp presented the Hanford's 130th Birthday Proclamation to Parks and Community Services Director Brad Albert.

STAFF COMMUNICATIONS:

City Manager Mario Cifuentez provided an update of the Prop 68 grant funding. He also discussed the meetings he attended and provided departmental updates.

COUNCIL REPORTS/COMMENTS:

Vice Mayor Sharp discussed the events and meetings she attended.

Council Members Morrow and Brieno had nothing to report.

Council Member Saltray attended the KCAO Board Meeting and invited the community to her upcoming Town Hall meeting.

Mayor Ramirez discussed the meetings he attended.

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Bob Ramos commented on a Closed Session Item D.

Lou Martinez expressed his concerns regarding the approved changes to the Longfield Center.

Vicente commented on the pool table room at the Longfield Center.

Raymond Alvarez commented on the pool table room and the weight room at the Longfield Center.

Mark Pratter commented on Save the Parkland petition. He also shared some of the public input that he received regarding the 1800 acres adjacent to the Hidden Valley Park.

CONSENT CALENDAR:

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Consent Calendar items are considered ro utine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Council Member Amanda Saltray requested to pull Item D [Finance: Resolution 21-28-R authorizes MuniServices, LLC to perform all functions for the City of Hanford with the California Department of Tax and Fee Administration (CDTFA) rel ated to the administration and collection of sales or transac tions and use taxes and the records associated with them and authorizing staff to execute an agreement for said services.]

Council Member Brieno requested to pull Item F [Police: FY 2021 Edward Byrne Memorial Justice Assistance Grant- Police Activities B uilding: Cond uct a public hearing to authorize the City Manager to execute an MOU between the City of Hanford and Kings County, which would approve the use of $20,414.00 in FY2021 JAG Grant funding to purchase new windows for the PAL building.]

Motion to approve the Consent Calendar except for the items pulled for separate consideration.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. Council: Appointment of Kalish Morrow and Amanda Saltray to an Ad- Hoc subcommittee for the purpose of negotiating contract amendments with the Hanford Chamber of Commerce.

C. City Attorney: Second Reading and Adoption of Ordinance No. 21- 01, Amending Chapters 5.04 and 5.08 of the Hanford Municipal Code
D. Finance: Resolution 21-28-R authorizes MuniServices, LLC to perform al l functions for the City of Hanford with the Califor nia Department of Tax and Fee Administration (CDTFA) related to the administration and collection of sales or transactions and use taxes and the records associated with them and authorizing staff to execute an agreement for said services.

E. Finance: Authorization to enter into an agreement with UKG Inc. for an estimated annual cost of $54,000 for Human Resource, Payroll, and Timekeeping software and a one -time $ 12,500 implementation fee.

F. Finance: Acceptance of the Monthly Investment Transaction Report for June G. Public Works: Permission to Advertise for bids for the FY 20/21 Pavement Resurfacing: Mill & Fill Project and Pre -Authorize the City Manager to awar d and execute the contract on behalf of the City to the lowes t responsib le bidder providing proj ect bid is within current budget appropriation.

H. Public Works: Permission to Advertise for bids for the FY 20/21 Campus Drive Resurfacing Project and pre -Authorize the City Manager to award and execute the contract on behalf of t he City to the lowest responsible bidder providing project bid is within current budget appropriation.

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)
PULLED ITEMS:

1. Community Development: Historic Resources Permit 2021- 02: a request to install a concrete pad and bus shelt er in Civic Park. The proper ty is designated as a co ntributing building within the Historic Overlay Zone. The project is located at 400 N. Douty St. (APN 010- 264- 002)
[Item D]

Pulled by Council Member Saltray

Council Member Saltray expressed her concerns regarding the presented bus shelters. Executive Director of Kings County Area Public Transit Agency (KART) Angie Dowd and Transit Manager Mark Pedrerio provided a background of bus shelters. They also provided photos of alternative options to the Counci l and answered qu estions fro m the Council. Park and Community Services Director Brad Al bert provided feedback on shelter options and answered questions from the Council. After a b rief discussion, the Council directed staff to prepare conceptual designs to be discussed at a future meeting.

Motion to table the item.

RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

2. Finance: Authorization to enter into an agreement w ith Pressley & Associates, Inc. (An Accountancy Corporation) for up to $50,000 annually for fiscal year end and financial audit preparation consulting services with up to four annual extensions. [Item F]

Pulled by Council Member Brieno

Finance Director Chris Tavarez provided clarification and answered questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Diane Sharp, Vice Mayor
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
PUBLIC HEARINGS:

A. Finance: Public Hearing and Adoption of Resolution 21- 29-R to authorize a comprehensive Master Fee Schedule for Fiscal Year 2021-22 which includes proposed new fees, deletion of fees and increases/adjustments to existing fees.

Mayor Ramirez opened the public hearing and called for the staff repor t at 7:39 p.m. Financial Analyst Destiny Borba presented the staff report and invited questions from the Council.

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)
Public comments:

IN-FAVOR
None

OPPOSED
Bob Ramos spoke in opposition of the weight room fees at the Longfield Center.

Lou Martinez spoke in opposition of the weight room fees at the Longfield Center.

Parks and Community Services Director Brad Al bert discussed the Longfield gym fees and financial aid options for low-income residents. He also discussed the pool room layout and the approved Longfield project. Dir.

Albert answered questions from the Council. The Council addressed the publics concerns and discussed the Longfield gym fees and changes. Mayor Ramirez, Vice Mayor Sharp and C ouncil Member Morrow spoke in favor of the gym fees. Council Member Brieno expressed his concerns regarding the fees and the layout the pool table room. The Council also discussed parki ng violation fee increase. City Manager Cifuentez answered questions from Mayor Ramirez.

Motion to approve with the listed amendments:

COE Park Hall Deposit – $150 (Resident)
Longfield Center Deposit – $150 (Resident)

Finger Printing - Live Scan (Digital) - Fee is "Cost recovery plus $10 rolling fee"

Parking Ordinance per violation fees to remain at $35.00 (per violation)

Mayor Ramirez closed the public hearing at 8:04 p.m.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Police: FY 2021 Edward Byrne Memorial Justice Assistance Grant - Police Activities Building:

Conduct a public hearing to authorize the City Manager to execute an MOU between the City of Hanford and Kings County, which woul d approve the use of $20,414.00 in FY2021 JAG Grant funding to purchase new windows for the PAL building.

Mayor Ramirez opened the public hearing and called for the staff report 8:05 p.m. Police Chief Parker Sever discussed the annual grant. The funding wi ll be used to pur chase new rep lacement windows for the Police Activities League Program Gym. Chief Sever answered questions from the Council.

Public Comments:

IN-FAVOR
None.

OPPOSED
None.

Motion to approve.

Mayor Ramirez closed the public hearing at 8:08 p.m.

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)
RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
GENERAL BUSINESS:

A. Public Works: Award a contract to A+ Quali ty Concrete Construction Inc. of Corcoran, CA, in the amount of $24,968.00 to construct a new drive approach and ADA ramp on Davis Street in front of Roosevelt School.

Public Works Director John Doyel briefly discussed the project background. Dir Doyel answere d questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. City Attorney: Approval of the Second Ame nded and Restated City Manager Employme nt Agreement
City Attorne y Ty Mizote discussed the significant changes in the agreement and invited questions from the Council. The Council commended City Manager Cifuentez.

Motion to approve.

RESULT: APPROVED [4 TO 0]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Morrow, Saltray, Ramirez
ABSTAIN: Brieno
C. Council review of vacancies on the Planning Commission, discussion regarding the role of Planning Commissioners, and direction on appointing commissioners to the vacant terms.

City Atto rney Ty Mizote dis cussed the vacancies on the Planning Commission and the role of Planning Commissioners. Senior Planner Gabrielle Myers discussed the background of the applicati on process and the commissioner orientation after appointment. The Council discussed setting the commission to 5 seats.

Motion to directed staff to prepare an ordinance amendment to set the Commission to 5 commissioners and fill one current vacancy.

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)
RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
COUNCIL FUTURE AGENDA ITEMS:

The Council directed staff to prepare one future agenda item:

Review of the Civic Auditorium Administration rental fees for non -profit organizations , brought forth by Vice Mayor Sharp.

ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 8:44 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 7.20.2021 (Clerk: 7.20.2021 Meeting)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: C

SUBJECT:

City Clerk: Approval of the Minutes of the August 3, 2021 Meeting

Recommendation:

Approve the minutes of the August 3, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

8.3.2021

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CITY COUNCIL MEETING

MINUTES
August 3, 2021 7:00 PM
Council Chambers
400 N. Douty St.
5:30 CALL TO ORDER STUDY SESSION :

Mayor Ramirez called the Study Session to order at 5:30 p.m.

PUBLIC COMMENT :

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Dan Chin commented on the commercial zone district land uses.

Dave Ayers commented on the commercial zone district land uses.

Vincent Harper commented on a city oak tree that caused damage to his property.

STUDY SESSION :

A. Overview and Presentation on the Hanford's Winter Wonderland Event Parks and Community Services Dire ctor Brad Albert and Main Street Hanford Director Michel le Brown presented the Hanford Winter Wonderland Event in Civic Park. Dir. Albert and Ms. Brown discussed advertisement, cost recovery, sponsorship, partnerships, and answered questions from the Counc il. The Council shared their ideas and spoke in favor of the event.

B. Community Development: Addition of C-R Regional Commercial zone district land uses Senior Planner Gabrielle Myers presented the background and staf f recommendation of additional uses within the C-R Regional Commercial Zone for the Council's review and feedback. Staff answered questions from the Council. The Council discussed the staffs' recommendations and expressed their concerns regarding restricti ons.

Public Works Director John Doyel discussed the Costco project and impact fees. Dir. Doye l answered questions from the Council. The Council discussed staff recommendations. It was a consensus of the Council to support the listed staff recommendations of proposed amendments:

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· Laboratories - Recommend add as a conditional use
· Medical Offices - Recommend add three size categories and allow small offices in the C-R zone.
· Professional Offices - Recommend add three size categories and allow small offices in the C-R zone.
· Furniture Stores - Change to allow furniture stores of any size in CR, MX-C, MX-D as permitted use
· Food Catering - Recommend add as a permitted use
· Payday lenders - Deny the request
· Tailoring - Deny the request
CALL TO ORDER REGULAR SESSION:

Mayor Ramirez called the meeting to order at 7:10 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Absent
Art Brieno Council Member Present 4:32 PM
Kalish Morrow Council Member Present 4:28 PM
Amanda Saltray Council Member Present 4:32 PM
Francisco Ramirez Mayor Present 4:28 PM

INVOCATION:

The invocation was led by Marleny Senn.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

STAFF COMMUNICATIONS:

City Manager Mario Cifuentez recognized the staff and participating agencies for the successful Hanford’s 130th Birthday Celebration. He also provided departmental updates.

A. Staff Introduction: Parks and Facilities Manager, Levi Winebrenner Parks and Community Services Director Brad Albert Parks introduced the new Parks and Facility Manager Levi Winebrenner and the new Recreation Coordinator Kaitlyn Lusk.

COUNCIL REPORTS/COMMENTS:

Mayor Ramirez discussed the community events he attended.

Council Member Morrow attend Hanford’s 130th birthday celebration event.

Council Member Saltray attended Hanford’s 130th birthday celebration event and discussed her Town Hall meeting.

Council Member Brieno comm ented on a Hanford Sentinel article published on Friday July 30, 2021. He also commented on the censure.

City Attorney Ty Mizote addressed Council Member Brieno's statement regarding the censure.

PUBLIC COMMENT:

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This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Nadia Alfred commented on the bus routes in the City of Hanford.

Paula Massey commented on Valley Fever Awareness Month. She also commented on community events and city event notifications.

Art Perez commented on a Hanford Sentinel article about Council Member Brieno.

City Attorney Ty Mizote responded to Mr. Perez's comment.

Jack Schwartz read a letter that he provided to the Council.

Dave Ayers commented on the Hanford's 130th Birthday celebration event and thanked the staff and community for their participation.

Mark Pratter commented the expansion of Hidden Valley Park and shared the community feedback he received.

Lou Martinez commented on Hidden Valley Park. He also expressed his support for Council Member Brieno.

Al Cadden commented on the Brieno censure and expressed his support for Council Member Brieno. He also read a letter that was shared by Council Member Brieno.

Bob Ramos finished reading the letter that was read by Al Cadden.

Mayor Ramirez addressed the public comments regarding Council Member Brieno.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion.

There will b e no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Council Member Brieno requested to pull Item L [Public Works: Approval of Fi nal Map and Subdivision Agreement for Tract No. 865, Live Oak East Phase 1 Subdivision (Houston Avenue & Alpine Avenue)]

Motion to approve the Consent Calendar except for the items pulled for separate consideration.

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)
RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Cler k: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to William Grego.

C. Parks and Community Services: Request to approve out-of-state travel for Brad Albert, Parks and Community Services Director, to attend the National Parks and Recreation Association's (NRPA) annual conference in Nashville Tennessee on September 21-23, 2021.

D. Public Works: Approval of the Sugges ted Routes to School Program for Frontier Elementary School, Pioneer Elementary School, and Pioneer Middle School for the 2020-2021 school year.

E. Public Works: Approval of the Suggested Routes to School plans for Hanford Elementary School District and Saint Rose-Thomas McCarthy School for the upcoming 2021-2022 school year.

F. Public Works: A uthorization for a sole source purchase of eight (8) Autoscope Vision detection cameras from Econolite of Anaheim, CA in the amount of $39,109.58 G. Public Works: Au thorization to purchase the Centracs Essentials system, wireless cellular modems for 11 tra ffic signals and initial system startup from Econolite of Anaheim, CA in the amount of $29,700.00.

H. Public Works: Approval for the p urchase of commercial trash an d recycle dumpsters from Wastequip of Taft, CA in an amount not to exceed $170,000 for fiscal year 2021/22.

I. Public Works: Authorization to purchase automated refuse containers from Toter Wastequip LLC., of Statesville, North Carolina in an amount not to exceed $152,640 for fiscal year 2021/22.

J. Public Works: Authorization to pu rchase replacement water meters from Zenner Performance Meters in an amount not to exceed $150,000.00 and the purchase of replacement Automated Meter Reading equipment from Zen ner Performance Meters in an amount not to exceed $150,000.00.

K. Public Works: Authorization to award the repair of one Falk gear box at the Wastewater Treatment Facility influent pump station to Mo tion Industries of Visalia , CA at a cost of $42,777.31.

PULLED ITEMS:

1. Public Works: Approval of Final Map and Subdivision Agreement f or Tract No . 865, Live Oak East Phase 1 Subdivision (Houston Avenue & Alpine Avenue) [Item L]

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)
Pulled by Council Member Brieno

Public Works Dire ctor John Doyel answered questions from C ouncil Member Brieno . Dir Doyel described the development process and discussed first phase of the subdivision. He also addressed the current traffic issues on Houston Ave.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
PUBLIC HEARINGS:

A. Community Development: Annexation No. 157: A request to annex approximately 153 acres into the Cit y of Hanford from the Kings County jurisdiction. Prezone No. 2020- 02: A request to prezone the annexation area as R-H High-Density Residential, R-M Medium-Density Residential, and R -L-5 Low -Density Residential, in accordance with the General Plan d esignation for the area. Mitigated Negative Declaration No. 2021- 01: An initial study was prepared and it was determined that the project will not result in significant impacts; therefore, Mitigated Negative Declaration 2021-01 has been prepared. The proje ct is lo cated at the northwest corner of 12th Avenue and Fargo Avenue (APN 009- 020-021, 009 -020-023 through - 026, 009- 020-046, and 009-020-047) and the southwest corner of 12th and Fargo Avenues (APN 009- 020-021, 009-020- 023 through -026, 009-020-046, and 009-020-047).

Mayor Ramirez opened the public hearing at 7:55 p.m. and called for the staff report. Senior Planner Gabrielle Myers presented the staff report. Council Member Saltray read a letter that she received from a concerned citizen regarding the annexation. City Attorney Ty Mizote advised the Council to hold off on their input until after the public comment period of the publ ic hearing. Ms. Myers answered questions from Council Member Saltray.

Public Comments:

IN-FAVOR:

John Zumwalt spoke in favor of staff’s recommendations.

Todd Neves spoke in favor of the annexation and addressed one of the comment letters submitted to the Planning Commission.

Opposed:

Bob Ramos spoke in opposition and expressed his concerns for water sources.

Anthony Yun submitted a letter in opposition.

Pete Verhoeven submitted a letter in opposition

The Council expressed their concerns regarding water sources. Mayor Ramirez spoke in support of the project.

Public Works Director John Doyel addressed Council's comments . He a lso discussed water distribution, the ground water susta inability plan, and the State requirements for the cit y. Dir. Doy el answered questions from the Council.

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)
Motion to approve all 4 staff recommendations was introduced by Council Member Morrow, seconded by Council Member Brieno.

1. Certify Mitigated Negative Declaration No. 2021-01 for the project.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Ramirez, Saltray
ABSENT: Sharp

2. Introduce and waive the first reading of Ordinance No. 21-2, approving Prezone No. 2020-02.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Ramirez, Saltray
ABSENT: Sharp

3. Find that the proposed Annexation No. 157 is consistent with the Hanford General P lan Policies L15 and L17.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Ramirez, Saltray
ABSENT: Sharp

4. Adopt Resolution No. 21 -31-R, initiating proceedings for Annexation 157 and direct staf f to file the appropriate forms with the Kings County Local Agency Formation Commission (LAFCo).

Mayor Ramirez closed the public hearing at 8:40 p.m.

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)
RESULT: APPROVED [3 TO 1]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Ramirez
NAYS: Saltray
ABSENT: Sharp
B. Community Development: Municipal Code and Zone Text Amendment No. 2020- 03: a reque st by the City of Hanford to: a) Amend Title 5 by adding Chapter 5.68 to Title 5 of the Hanford Municipal Code, to establish standards and regulations for Commercial Hemp Activity. b) Amend Title 17, Section 17.08.030 – Commercial, Office, and Industrial Zone Use Table of the Hanford Municipal Code by adding Commercial Hemp Business (e.g., cultivation, manufacture, distribution, transportation, and lab testing) as a conditionally permitted use in the I -L Light Industrial and I -H Heavy Industrial zone distri ct, and to add Hemp retailers (5% or more of a retailer’s business or gross receipts is derived from CBD sales) as a permitted use in C-S Service Commercial, C -H Highway Commercial, MX -C Corridor Mixed Use, and MX -D Downtown Mixed Use, and as a conditional ly permitted use in C -R Regional Commercial; and c) Amend Title 17 by adding Chapter 17.67, adding purpose and inte nt, definit ions, and establishing the location of hemp retailers and commercial hemp businesses in the City of Hanford. Location:

Citywide.

Mayor Ramirez opened the public hearing at 8:41 p.m. and called for the staff report. Senior Planner Gabrielle Myers presented the Municipal Code and Zone Text Amendment No. 2020- 03 and invited questions from the Council. Council Member Brieno commented on the restri ctions. City Attorney Ty Mizote addressed Council Members Brieno's comments.

Public Comment:

IN-FAVOR:

None

OPPOSSED
None

Motion to approve.

Mayor Ramirez closed the public hearing at 8:53 p.m.

RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
C. Community Development: Adoption of Urgency Ordinance 21- 04, creating a temporary moratorium on commercial hemp activities and sales for a period of 45 days. (4/5 Vote required).

Mayor Ramirez opened the public hearing at 8:54 p.m. and called for the staf f report. Senior Planner Gabrielle Myers presented the staff report and invited questions from the Council.

IN-FAVOR
None

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)

OPPOSED
None

Mayor Ramirez closed the public hearing at 8:57 p.m.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
GENERAL BUSINESS:

A. Police: Adoption of Resolution No. 21- 32-R, au thorizing the Hanford Police Department to accept a Grant from Alcoholic Beverage Control (ABC) in t he amount of $59,078.00 to fund special details and operations related to enforcement and approve budget amendments in the same amount for the Police Operations (1513) fund to cover the new revenue and expenditures.

Police Captain Karl Anderso n provided the Council with an updated resolution. Capt. Anderson discussed the grant and answered questions from the Council.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
B. Police: Authorization to award a contract to Cook's Communication of Fresno, CA, for an amount not to exceed $699,105.00, for the complete replacement of the Hanford Police and Fire Radio Infrastructure system and appropriation of an additional $14,885 from the General Fund to fully fund the project.

Police Captain Karl A nderson discussed the upgrade of the dispatch communications equipment and the benefits of the new system. Capt. Anderson answered questions from the Council.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSENT: Sharp
COUNCIL FUTURE AGENDA ITEMS:

None.

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)
ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 9:10 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 8.3.2021 (Clerk: 8.3.2021 Meeting)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: D

SUBJECT:

City Clerk: Approval of the Minutes of the August 4, 2021 Special Meeting

Recommendation:

Approve the minutes of the August 4, 2021 Special Meeting.

FISCAL IMPACT:

ATTACHMENTS:

8.4.2021 Special Meeting

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CITY COUNCIL MEETING

MINUTES
August 4, 2021 5:00 PM
Council Chambers
400 N. Douty St.

CALL TO ORDER SPECIAL SESSION:

Mayor Ramirez called the Special Meeting to order at 5:00 p.m.

ROLL CALL BY THE CITY CLERK:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Absent
Art Brieno Council Member Present 4:55 PM
Kalish Morrow Council Member Present 4:55 PM
Amanda Saltray Council Member Absent
Francisco Ramirez Mayor Present 4:55 PM

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

PUBLIC COMMENT:

Comments from the public are limited to items listed on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

None.

GENERAL BUSINESS:

A. Parks: Adopt Resolution 21- 33, approving the Annual Engineer’s Report and I ntention to Levy and Collect Assessments as outlined, pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, and set August 17, 2021 as the Public Hearing date to consider the increases in assessments a proposed.

Parks and Community Services Dire ctor Brad Albert discussed the Annual Engineer’s Report and Intention to Levy and Collect Assessments. Staff answered questions from the Council.

Motion to approve with the corrected start time of 7:00 p.m. for the scheduled public hearing.

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Attachment: 8.4.2021 Special Meeting (Clerk: 8.4.2021 Special Meeting) RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Brieno, Morrow, Ramirez
ABSENT: Sharp, Saltray
ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 5:15 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 8.4.2021 Special Meeting (Clerk: 8.4.2021 Special Meeting)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: E

SUBJECT:

Administration: Authorization for the City Manager to approve an annual Professional Services Agreement with Thorn Run for federal legislative advocacy services, effective March 1, 2022 through Dec. 31, 2022, for a monthly fee of $5,000.

RECOMMENDATION:

That the City Council, by motion, Authorize the City Manager to approve an annual Professional Services Agreement with Thorn Run for federal legislative advocacy services, effective January 1, 2022 through Dec. 31, 2022, for a monthly fee of $5,000.

BACKGROUND:

Greg Burns of Thorn Run Partners (TRP) has been the City’s federal lobbyist since Early 2021.

Thorn Run partners was founded in 2010 as a Bipartisan lobby shop and has grown to a 35- person government affairs and strategic communications firm. TRP represents over 35 local governments in CA, FL, KS, OR, and TX and has represented some for almost 20 years. Their clients include large and urban communities to small, rural areas. In California, they currently represent Pismo Beach, Visalia, Del Norte County. They handle a wide variety of complex issues and projects.

During 2021, they worked with staff on several Federal matters. Initially they were retained to help with funding the Grangeville Blvd. rail crossing project. Rep. Valadao was supportive, but no projects were funded in reauthorization of transportation programs via IIJA. They were successful in getting Sen. Padilla to request funding for the project in the FY22 appropriations bills, but that process stalled and was not funded last year. They worked with staff to get letters of support for the inclusion of $3 billion (over 5 years) grant program for rail crossing elimination projects in IIJA.

Ø Other efforts:

Ø Advised City on grant opportunities
Ø ARPA funding implementation
Ø Other legislative issues of importance

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Ø Successfully fought back against federal redefinition of urban areas in the country that would have negatively impacted the receipt of federal funding for the City

Mr. Burns and Thorn Run Partners have been very responsive and proven to be valuable partners in our efforts to establish contacts and gain insights from various federal agencies and officials on matters affecting the City. The City Manager, Mario Cifuentez, works directly with Mr. Burns and Thorn Run staff on federal legislative matters and their work warrants the renewal of this annual contract.

FISCAL IMPACT:

ATTACHMENTS:

Hanford - TRP Agreement 2022

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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF HANFORD, CALIFORNIA AND

THORN RUN PARTNERS, LLC

The following is an agreement between the City of Hanford, California, hereinafter referred to as “City”, and the firm THORN RUN PARTNERS LLC, a Washington, DC based firm, hereinafter referred to as “TRP”.

WHEREAS, TRP has duly qualified experts in the field of Federal budget and appropriations processes, Federal grant programs, and Federal regulatory programs; and

WHEREAS, in the judgment of the City, it is necessary and desirable to employ the services of the TRP to assist the City with advocating before the Federal government on its behalf.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

PART I- SPECIFIC PROVISIONS

A. GENERAL SCOPE OF WORK: TRP will advise and provide Federal government relations services to the City on issues as listed below in Subsection B, and work with appropriate policy makers in the United States Legislative Branch and Executive Branch to facilitate the City’s agenda.

B. SERVICES TO BE PROVIDED: TRP will advocate for, pursue, consult, and advise, as requested, on Federal budget and appropriations processes, Federal grant program and Federal regulatory matters including, but not limited to:

1. Obtaining Federal funding for the City’s priority projects and programs;

2. Maintaining direct and frequent contact with key United States Senators and Representatives; and

3. Advocating for the City’s interests during the United States legislative and regulatory process.

C. PAYMENT: TRP’s compensation for the services provided hereunder shall be $5,000.00 per month. The monthly $5,000.00 fee invoice shall be submitted by TRP at the first of each month, beginning on January 1, 2022.

The monthly fee shall be inclusive of all expenses.

D. KEY PERSONNEL: TRP has represented to the City that Greg Burns will serve as the principal of TRP’s services, in the performance of TRP’s duties hereunder, and has relied on that representation as an inducement to entering into this Agreement.

PART II- GENERAL PROVISIONS

A. ASSIGNMENT AND DELEGATION: Except as above, neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented.

B. STATUS OF TRP: The parties intend that TRP, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. TRP is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides its employees.

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Attachment: Hanford - TRP Agreement 2022 (Admin: Lobbyist Contract Award) C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS: All notices, bill, and payments shall be made in writing and may be given by personal delivery, by mail or by e-mail.

Notices, bills and payments shall be addressed as follows:

City of Hanford: TRP:

Mario Cifuentez Greg Burns
City Manager Thorn Run Partners, LLC
315 North Douty Street 100 M Street, SE – Ste. 750
Hanford, CA 93230 Washington, DC 20003
[email protected] [email protected]

D. NON-DISCRIMINATION: TRP shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability.

E. TERMS OF AGREEMENT: This Agreement shall be effective on January 1, 2022 and shall terminate on December 31, 2022, or upon 30 day's written notice by either party with or without cause. The agreement may be extended by mutual agreement of both parties.

F. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and signed by both the TRP and the City.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this _______ day of March 2022.

WITNESSES: CITY OF HANFORD, CALIFORNIA

By:

Mario Cifuentez, City Manager

WITNESSES: THORN RUN PARTNERS, LLC

By:

Greg Burns, Partner

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Attachment: Hanford - TRP Agreement 2022 (Admin: Lobbyist Contract Award)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: F

SUBJECT:

Administration: Approval of a Letter of Support to the California State Transportation Agency (CalSTA) for the Tulare/Kings Cross-Valley Corridor (CVC) Zero-Emission Bus (ZEB) Expansion project (PHASE 1).

RECOMMENDATION:

That the City Council, by motion, Approve a Letter of Support to the California State Transportation Agency (CalSTA) for the Tulare/Kings Cross-Valley Corridor (CVC) Zero- Emission Bus (ZEB) Expansion project (PHASE 1).

BACKGROUND:

The City of Hanford has received a request from Angie Dow, Executive Director for the Kings County Area Public Transit Agency (KCAPTA), which operates the Kings Area Regional Transit system for the City of Hanford and it's residents.

KCAPTA is currently working with Tulare County Regional Transit Agency and other partners to request California State Funding, through the Transit and Intercity Rail Capital Program (TIRCP), to fund the capital expenditures to support the Cross Valley Corridor (CVC) Zero- Emission Bus Phase 1. Accordingly, the Agency has requested a letter of support from the City of Hanford to show the community’s support for this highly competitive grant. A copy of the Draft letter of support is attached to this agenda item for reference.

Included in the TIRCP Grant request are the funds needed to construct the Multi-Modal Transit Center in Hanford, which is currently in the design phase and for which Council recently received an update. The Multi-Modal KART Transit Center in Hanford will service a countywide population of just over 156,000, including workers, college, students, military personnel, seniors, and commuters. The TIRCP Grant Application, includes data demonstrating that the Agency meets all of the grant requirement. This project will directly benefit the residents of Kings County. A County that is more than data, statistic, or demographics. Kings County is a resilient community. In 2020, Kings County was ranked 8th among California counties in overall

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agricultural productions. As many aspects of our lives flipped upside down due to the Covid-19 pandemic, there was one thing that remained constant- agricultural production. While a good portion of the nation’s population was panic-stricken, Kings County’s main industry, Agriculture, adapted and improvised. Our approximate 800 local producers and their employees held fast, safely working through the pandemic, making sure crops and other agricultural products made it to the channels of the trade and into our homes.

Kings County’s resiliency does not mean we do not face obstacles. Kings County consist of disadvantage communities that are disproportionality burdened by multiple sources of pollution.

The County ranks poorly on the California Communities Environmental Health Screening Tool (CalEnviorScreen 4.0). In Kings County, 56% of the census tracts are at the 75th percentile or higher, and indication of disadvantaged communities. Kings County ranks extremely high in terms of exposure to PM 2.5, as 85% of the census tracts are at or above 95th percentile. All of Kings County’s census tracts are at or above the 70th percentile in term of ozone exposure.

The project included in this Grant request will do more than provide racial equity and support our underserved communities. It will allow our diverse population the ability to travel further on public transit or choose the transportation mode that meets their needs. It will allow our senior, disabled, low-income, and minority population to choose where they want to live because they will have the ability to travel to larger urbanized areas for jobs, education, service, or access to affordable healthy foods.

Another key element of the Grant application is that it will do all of this with a Zero-emission fleet. This Grant includes transitioning existing routes, new routes and modes, to Zero-Emission Vehicles.

FISCAL IMPACT:

There is no financial impact to the City as a result of the proposed amendments.

ATTACHMENTS:

KART Ltr of support for CVC ZEB project

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City of Hanford Office of the Mayor
319 N. Douty Street, Hanford CA, 93230 Telephone: (559) 585-2515 – Fax (559) 585-2595

Diane Sharp
Mayor

Kalish Morrow
Vice Mayor

Amanda Saltray
Councilmember

Francisco Ramirez
Councilmember

Art Brieno
Councilmember
March 1, 2022

CalSTA
915 Capitol Mall, Suite 350B
Sacramento, CA 95814

Re: Letter of Support for TIRCP application: “TULARE/KINGS CROSS-VALLEY CORRIDOR (CVC) ZERO-EMISSION BUS (ZEB) EXPANSION PHASE 1 (the “CVC ZEB Project”)

Dear CalSTA Reviewers,

On behalf of the City of Hanford, I am pleased to submit this letter of support to the CVC ZEB Project.

The CVC ZEB Project supports the long-planned development of an east-west Cross Valley Corridor (CVC), including mixed freight and passenger rail systems, by purchasing and implementing zero-emission feeder buses in multiple cities in and along the rail route. It will also provide micro-transit operations in selected cities that will allow access to the rail system for the region and will connect with existing Amtrak service as well as the north-south California High Speed Rail system, currently in development. The CVC ZEB Project will also enhance or develop multi-modal transit centers in Kings County and Lindsay. The project will benefit disadvantaged and minority populations and will provide greater connectivity and mobility options for these rural communities. The CVC ZEB Project will reduce vehicle miles traveled, greenhouse gas emissions and road traffic in the region by making public transit competitive with private vehicles, thereby increasing transit ridership.

The City of Hanford believes that this project will support and encourage further population and economic growth in each of the cities partnering on the project, as well as the region. This, in turn, will drive increased utilization and benefit of the vehicles and infrastructure deployed via this project. The project will replace diesel and compressed natural gas (CNG) buses with zero emission buses, a first for our municipality, and add additional zero-emission vehicles including buses and micro-transit vehicles. The CVC ZEB Project includes a fare integration element that will make it easy for passengers to plan and ticket their trips from beginning to end using the same mobile app or web interface. The Project includes a workforce development component as well as community outreach and education to promote the enhanced transit accessibility and drive use of zero-emission transportation modalities. The CVC ZEB Project is a crucial part of the overall transportation transformation the region is undergoing.

Thank you for considering this letter of support. I am excited about the transformation of our region by the CVC ZEB Project and the larger Cross-Valley Corridor rail system integration that it supports. If you have any questions, feel free to reach out to me at (559) 585-2500 or [email protected].

Sincerely,

Diane Sharp
Mayor

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Attachment: KART Ltr of support for CVC ZEB project (Admin: KART Ltr of Support)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: G

SUBJECT:

Public Works: Authorization to Advertise for Bids for the FY 21/22 Reclamite Seal Treatment Project and pre-authorize the City Manager to award and execute the contract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.

RECOMMENDATION:

That the City Council, by motion, authorize staff to advertise for bids for the FY 21/22 Reclamite Seal Treatment Project, and Pre-Authorize the City Manager to award and execute the contract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.

BACKGROUND:

Reclamite is a pavement surface protection and preservation treatment for city streets. The treatment keeps pavement surfaces flexible and reduces asphalt oil content loss. Asphalt concrete pavement surfaces deteriorate over time due to loss of oil content from naturally occurring processes and vehicular traffic loads.

Reclamite seal treatments will extend the useful life of asphalt pavement surfaces thereby reducing street
maintenance costs. This project will provide surface treatment for approximately five miles of arterial/collector street (175,000 SY).

After bid opening, Staff will examine the bids, validate the lowest bidder's contractor's license status, and verify the contractor is in good standing. Staff is requesting the pre-authorization to award and execute the contract in order to expedite the process of delivery of projects to avoid winterization. With Council approval, staff will solicit bids for this project. If awarded, construction is anticipated to begin in May 2022.

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FISCAL IMPACT:

The FY 21/22 Gas Tax Reserves provides $181,580.00 for construction, including contingencies.

A copy of Budget Page is attached for Council review.

ATTACHMENTS:

Maps
Budget Page

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Attachment: Maps (PW: Permission to Advertise the FY 21/22 Recamite Seal Treatment Project)

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Attachment: Maps (PW: Permission to Advertise the FY 21/22 Recamite Seal Treatment Project) Project Background:

Existing Conditions:

Project Justification:

Fiscal Implications:

Project Budget Summary:
2021 2022 2023 2024 2025
Program or Project Construction Construction Construction Engineering / Inspection 7,500 7,500 7,500
Construction 152,500 150,000 150,000
Contingency 15,000 15,000 15,000
Department Overhead 15,766 2,500 2,500
Total Expenditure $190,766 $0 $175,000 $0 $175,000
Funding
041 Gas Tax (2106) 190,766 0 175,000 0 175,000
Total Funding $190,766 $0 $175,000 $0 $175,000
Reclamite is a pavement surface protection and preservation treatment for city streets. The treatment keeps pavement surfaces flexible and reduces asphalt oil content loss.

Funding for this project will be allocated from gas tax reserves.

ExpenditureRevenue
Reclamite Seal Treatment
5-Year Funding Allocation
Reclamite seal treatments will extend the useful life of asphalt pavement surfaces thereby reducing street maintenance costs. This project will provide surface treatment for approximately five miles of arterial/collector street (175,000 SY).

Asphalt concrete pavement surfaces deteriorate over time due to loss of oil content from naturally occurring processes and vehicular traffic loads.

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Attachment: Budget Page (PW: Permission to Advertise the FY 21/22 Recamite Seal Treatment Project)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: H

SUBJECT:

Public Works: Adoption of Resolution 22-07-R authorizing submittal of Notice of Intent to Comply with the requirements of SB 1383.

RECOMMENDATION:

That the City Council, by motion, authorize the submittal of a Notice of Intent to Comply with the requirements of SB 1383 (Laird, 2016).

BACKGROUND:

In November 2020, the California Department of Resources Recycling and Recovery (CalRecycle) finalized its SB 1383 organic waste diversion regulations, which local governments must comply with by January 1, 2022. The implementation date provided cities and counties with only 13 months to undertake a host of actions, including adopting ordinances, arranging for appropriate collection services, establishing inspection and enforcement programs, procuring recovered organic waste products, providing education and outreach, developing edible food recovery programs, hiring staff, and reporting to CalRecycle by the January 1, 2022 implementation date.

If a city or county is not in compliance with the regulations by January 1, 2022, which Hanford is not, CalRecycle can levy fines and penalties, ranging from $50 to $10,000 a day, on a jurisdiction. Given the COVID-19 pandemic, and the corresponding loss of time and resources, many cities need additional time to comply with all of the SB 1383 regulations.

SB 619 was adopted and prohibits CalRecycle from imposing penalties against local jurisdictions that have not met the organic waste recycling requirements, pursuant to SB 1383 (Lara), Chapter 395, Statutes of 2016 before January 1, 2023, unless the jurisdiction did not make a reasonable effort to comply.

This bill is not a request to do away with the requirements of SB 1383. Cities are required to achieve the state’s greenhouse gas and organic waste diversion goals but need additional time

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and flexibility to comply with the organic waste diversion regulations. Factors such as the timing of when the regulations were finalized, the COVID-19 pandemic, and the lack of state funding to support implementation have made implementation much more difficult.

SB 619 provided a process for cities to work with CalRecycle to secure one year of relief from penalties if they have made a “reasonable effort” to comply, but have not met the January 1, 2022 implementation deadline.

Hanford's Notice of Intent to Comply identifies various program components that are not yet fully developed and provides a timeline for implementation, being completed by end of calendar year 2022.

FISCAL IMPACT:

Adoption of this Resolution will secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year.

ATTACHMENTS:

Draft Resolution, 619, 013122
SB 619 NOIC Council Summary
SB 619 NOIC document

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RESOLUTION NO. 22-07-R

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD
APPROVING NOTICE OF INTENTION TO COMPLY WITH SB1383

At a regular meeting of the City Council of the City of Hanford, duly called and held on March 1, 2022 at 7:00 P.M., and upon a motion by Council Member _______________ and seconded by Council Member _______________ and duly carried, the following resolution was adopted:

WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and

WHEREAS, City of Hanford is a local jurisdiction required to comply with the Regulations; and

WHEREAS, City of Hanford is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and

WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and

WHEREAS, City of Hanford is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and

WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.

NOW THEREFORE BE IT RESOLVED THAT:

The City Council of City of Hanford by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”

The City Council of City of Hanford hereby authorizes and directs City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.

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Attachment: Draft Resolution, 619, 013122 (PW: Resolution adopting Notice of Intent to Comply with SB 1383)

By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Hanford represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.

The City of Hanford by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

PASSED AND ADOPTED at a regular meeting of the Hanford City Council this day of , by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Diane Sharp
MAYOR of the City of Hanford
Attest:

Natalie Corral

CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 1st day of March 2022.

Date:

City Clerk

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Attachment: Draft Resolution, 619, 013122 (PW: Resolution adopting Notice of Intent to Comply with SB 1383) SB 619 NOIC Summary
Section # Description: Specific  Violations: Why  we are non‐compliant: Proposed  Actions and Timeline:
18984.1 Three ‐Container Organic
Waste Collection Service
three container organic waste
collection service not implemented
to all commercial and multi‐family
customers.

Still evaluating customer needs
and procuring containers.

Assess, contact and add appropriate service to
the approximately 550 remaining commercial and
multi‐family accounts.  Purchase additional 1,2,3
and 6 yard commercial bins.  Completed by
12/31/22
18984.5 /
18984.6
Container Contamination
Minimization / CCM
Recordkeeping
Requirements
No clear document outlying the use
of the Rout Review method
described in section 18984.5(b).  No
enforceable mechanism for
container contamination in place.

The standard operating
procedure has not yet been
written.  The municipal code
update has not been
completed.

Draft SOP for rout review and submit to staff and
management for review.  Create review form and
tracking log.  Completed by 3/1/22.  Update
municipal code with enforceable mechanism.

Completed by 7/1/22.
18985.1 Organic  Waste Recovery
Education and Outreach
Information has not been directly
distributed to all customers.

Document still being designed
and translated.  Once
completed, must wait for next
available billing cycle window.

Design information sheet, translate into Spanish,
distribute with utility bill.  Completed by 4/1/22.
18985.2 Edible  Food Recovery
Education and Outreach
Food recovery organizations not yet
identified.

Survey letter to Tier 1
generators requesting info.
regarding current donations
not yet sent.  Recovery
organizations list cannot be
completed until survey of
generators is completed.

Draft and mail survey letter to all Tier 1
generators, conduct follow‐up calls and/or visits
to non‐responsive survey recipients, compile
survey data regarding existing food recovery
donations and organizations, and distribute
recovery organization list to Tier 1 generators and
send to IT for publication on the City's website.

Completed by 5/1/22.

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Attachment: SB 619 NOIC Council Summary (PW: Resolution adopting Notice of Intent to Comply with SB SB 619 NOIC Summary
18988.3 Self ‐haulers of Organic
Waste
Language and enforcement
mechanism not in municipal code.

Municipal code not updated
with enforceable mechanism.

No comprehensive list of
commercial businesses who
would need self‐haul
certification.

Work with the City's Business License office to
identify landscape contractors.  Completed by
4/1/22.  Update municipal code.  Completed by
7/1/22.
18991.1 /
18991.2
Jurisdiction Edible Food
Recovery Program / EFR
Recordkeeping
Requirements
Program not in place beyond
identifying Tier 1 generators.

Contracts or agreements between
generators and recovery orgs. Not
documented.  List of recovery
organizations not created.

Still in talks with Kings County
to determine jurisdiction and
rolls and responsibilities of
County and Cities.

Work with County officials to determine rolls and
responsibilities of the EFR program.  Tied to
section 18985.2.  Completed by 4/1/22.
18992.1 Organic  Waste Recycling
Capacity Planning.

No verifiably available capacity
documentation.

Waiting on County to declare
its responsibilities and request
information from jurisdictions.

Unsure as to what roll the
County is going to play.

Awaiting on KWRA to evaluate and determine
long‐term organic processing capacity.  Work
with other member agencies to ensure or
develop long‐term capacity.  Completed by
6/1/22.
18992.2 Edible  Food Recovery
Capacity
Disposed edible food volume not
estimated.  Capacity of existing
recovery organizations not
determined.

Waiting on County to declare
their roll and responsibility in
the program.  Generators have
not yet been contacted and
surveyed for volume generated
and current donation practices.

Recovery organizations have
not yet been contacted and
surveyed for capacity.  Tied to
18991.1 and 18985.2.

See 18991.1, 18991.2 and 18985.2

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Attachment: SB 619 NOIC Council Summary (PW: Resolution adopting Notice of Intent to Comply with SB SB 619 NOIC Summary
18993.1 /
18993.2
Recovered Organic Waste
Product Procurement
Target / ROWP
Procurement
Recordkeeping
Requirements
Plan for how the procurement target
of 4,798 tons will be achieved not
yet developed.

Departmental purchasing
requirements have not yet
been updated.  Departments
not yet surveyed for existing
purchasing volumes.  Sources
of Organic mulch, compost,
and bio‐diesel not yet
researched.

Contact City departments and determine current
procurement of organic waste product
equivalents.  Update and distribute purchasing
requirements to appropriate departments.

Source organic waste product supplier(s).

Completed by 4/1/22.  Store copies of
purchasing requirements, purchase orders and
product descriptions as they are generated.
18993.3 /
18993.4
Recycled Content Paper
Procurement / RCPP
Recordkeeping
Requirements
Purchasing requirements not
updated.

Purchasing requirements
notice drafted but not yet
distributed to relevant
departments and/or
individuals.

Update and distribute paper purchasing
requirements to all relevant departments.

Completed 3/1/22.  Store copies of purchase
orders with produce descriptions in central
location as they are generated.

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Attachment: SB 619 NOIC Council Summary (PW: Resolution adopting Notice of Intent to Comply with SB Section:  18984.1
Description:  Three‐Container Organic Waste Collection Service Specific Violations:
 3 container organic waste collection service not implemented to all commercial and multi‐family customers.

Why we are non‐compliant:
 Still evaluating customer needs and procuring containers.

COVID‐19 Impacts:
 Delayed start of visiting customers in
person.
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Assess, contact and add appropriate service
to the approximately 550 remaining
commercial and multi‐family accounts.

Average 20 acct. assessments per week.

Completed by 12/31/22
Purchase additional 1,2,3 and 6 yard
commercial bins.

Ongoing / as needed

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18984.5 / 18984.6
Description:  Container Contamination Minimization / CCM Recordkeeping Requirements Specific Violations:
 No clear document outlining the use of the Rout Review method described in section 18984.5(b)
 No enforceable mechanism for container contamination in place (not currently in municipal code)

Why we are non‐compliant:
 The standard operating procedure has not yet been written.  Municipal Code update not completed.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
18984.5
Draft standard operating procedures for how
to conduct a rout review and submit to staff
for review
Completed by 3/1/22

Update Municipal Code with enforceable
mechanism.

Completed by 7/1/22
18984.6
Create Rout Review form document and log.  Completed by 3/1/22

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18985.1
Description:  Organic Waste Recovery Education and Outreach Specific Violations:
 Information has not been directly distributed to all customers and unlikely to be done by 2/1/22
Why we are non‐compliant:
 Waiting for document design and translation,
 Once translation complete, waiting for next billing cycle to include in utility bills.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Design one‐page info sheet.  2/18/22
Send sheet to be translated into Spanish.  3/1/22
Distribute in next available Utility Bill cycle.  3/11/22 Publish informational document on the City
Website
4/1/22
Publish informational document on the City’s
social media account.
4/1/22

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18985.2
Description:  Edible Food Recovery Education and Outreach Specific Violations:
 Food recovery organizations not yet identified and unlikely to be completed by 2/1/22 Why we are non‐compliant:
 Letter to Tier 1 generators requesting information regarding current donations not yet sent.  Letter will likely require follow‐up calls and/or visits.  Recovery organization list cannot be completed until contact with generators is completed.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Draft and mail survey letter to all Tier 1
generators.

Completed by 3/1/22
Conduct follow‐up calls and/or visits to non‐
responsive survey recipients.

Completed by 3/18/22
Compile survey data regarding existing food
recovery donations and organizations.

Completed by 4/1/22
Distribute recovery organization list to Tier 1
generators and send to IT for publication on
the City’s website.

Completed by 5/1/22

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18988.3
Description:  Self‐haulers of Organic Waste
Specific Violations:
 Language and enforcement mechanism not in municipal code.

Why we are non‐compliant:
 Municipal code not updated with enforceable mechanism.  No comprehensive list of professionals who would need self‐haul certification.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Work with the City’s Business License office
to identify landscape contractors.

Completed by 4/1/22
Update municipal code.  Completed by 7/1/22

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18991.1 / 18991.2
Description:  Jurisdiction Edible Food Recovery Program / EFR Recordkeeping Requirements Specific Violations:
 Program not in place beyond identifying Tier 1 generators.  Contracts or agreements between generators and recovery organizations not documented.
 List of recovery organizations not created.

Why we are non‐compliant:
 Still in talks with Kings County to determine jurisdiction and rolls and responsibilities of County and Cities.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Work with County officials to determine rolls
and responsibilities of the Edible Food
Recovery Program.

Completed by 4/1/22
See 18985.2 Edible Food Recovery Education
and Outreach for additional steps.

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18992.1
Description:  Organic Waste Recycling Capacity Planning Specific Violations:
 No verifiably available capacity documentation.

Why we are non‐compliant:
 Waiting on County to declare its responsibilities and request information from jurisdictions.
 Unsure as to what roll the County is going to play.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
Awaiting on KWRA (the JPA and transfer
station utilized by the City of Hanford) to
evaluate and determine long‐term organic
processing capacity.  Work with other
member agencies to ensure or develop long‐
term capacity.

Completed by 6/1/22

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383)

Section:  18992.2
Description:  Edible Food Recovery Capacity
Specific Violations:
 Disposed edible food volume not estimated.
 Capacity of existing recovery organizations not determined.

Why we are non‐compliant:
 Waiting on County to declare their roll and responsibility in this program.  Generators have not yet been contacted and
surveyed for volume generated and
current donation practices.
 Recovery organizations have not yet been contacted and surveyed for capacity.  See 18991.1 and 18985.2 for additional information.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:
*See sections 18991.1/18991.2 and
18985.2 action plan and timeline.

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18993.1 / 18993.2
Description:  Recovered Organic Waste Product Procurement Target / ROWP Procurement Recordkeeping Requirements
Specific Violations:
 Plan for how the procurement target of 4,798 tons will be achieved not yet developed.

Why we are non‐compliant:
 Departmental purchasing requirements have not yet been updated.  Departments (Parks and Fleet) not yet surveyed for existing purchasing volumes.  Sources of Organic mulch, compost, and bio‐diesel not yet researched.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
18993.1
Contact City departments and determine, if
any, the current procurement of organic
waste product equivalents.

Completed 3/1/22
Update and distribute purchasing
requirements to appropriate departments.

Completed 4/1/22
Source organic waste product supplier  As needed
18993.2
Store copies of departmental purchasing
requirements, purchase orders with
appropriate product descriptions in central
file location (location already created)
As generated

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383) Section:  18993.3 / 18993.4
Description:  Recycled Content Paper Procurement / RCPP Recordkeeping Requirements Specific Violations:
 Purchasing requirements not updated.

Why we are non‐compliant:
 Purchasing requirements notice drafted but not yet distributed to relevant departments and/or individuals.

COVID‐19 Impacts:
 Covid‐19 quarantine protocols impacted work schedules and timelines.

Proposed Actions and Timeline:

Action  Proposed Schedule
18993.3
Update and distribute paper purchasing
requirements to all relevant departments
and individuals.
3/1/22
18993.4
Store copies of purchase orders with product
descriptions in central file location (location
and purchase log already created).

As generated

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Attachment: SB 619 NOIC document (PW: Resolution adopting Notice of Intent to Comply with SB 1383)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: I

SUBJECT:

Public Works: Approval of Resolution 22-08-R authorizing submittal of applications for payment programs and related authorizations as required by the California Department of Resources Recycling and Recovery (CalRecycle).

RECOMMENDATION:

That the City Council, by motion, approve the attached Resolution 22-08-R authorizing submittal of applications for payment programs and related authorizations as required by the California Department of Resources and Recovery (CalRecycle).

BACKGROUND:

The City Pubic Works Department annually applies for and receives various CalRecycle grants.

As part of the process, Council must authorize, by Resolution, the submittal of a grant application. To streamline the process, CalRecycle allows a jurisdiction to pass a blanket Resolution authorizing the submittal of applications to all CalRecycle grant programs, including the Local Assistance Grants Program and the Beverage Container Recycling Grant, which is funded by California Redemption Value (CRV) program funds.

The authorizing Resolution is valid for up to five years. Hanford City Council passed such a Resolution in March 2016. The Resolution is six years old, has expired, and needs to be reauthorized.

The attached resolution is required by CalRecycle in order to apply for grant funding. The resolution identifies the City Manager (or his / her designee) and the Public Works Director (or his / her designee) as the person(s) authorized to execute all documents necessary to implement and secure payment of program funding.

The grant funds provided by CalRecycle can only be used to support City's efforts to increase recycling and litter clean-up program activities. The City Refuse Division utilizes our allocation

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of funds to offset the purchase of new equipment and recycling containers to expand the recovery of recycleable materials and organic wastes.

City receives approximately $14,500 per fiscal year from the CalRecycle Bottle Bill fund. In addition, City is eligible for about $79,000 from the Local Assistance Grant Program which will be used to purchase equipment and containers to expand City's organics recovery efforts in compliance with SB 1383.

FISCAL IMPACT:

All funds recieved through CalRecycle grant programs will be deposited in the Refuse Fund for use in offseting costs to purchase equipment and organics and recycling containers for the co- mingled recycling collection program.

ATTACHMENTS:

Draft Resolution, 012722

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RESOLUTION NO. 22-08-R

RESOLUTION OF THE HANFORD CITY COUNCIL

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE

GRANTS FOR WHICH THE CITY OF HANFORD IS ELIGIBLE

At a regular meeting of the City Council of the City of Hanford, duly called and held on March 1, 2022 at 7:00 P.M., and upon a motion by Council Member _______________ and seconded by Council Member _______________ and duly carried, the following resolution was adopted:

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the Hanford City Council authorizes the submittal of application(s) to CalRecycle for all grants for which City of Hanford is eligible; and

BE IT FURTHER RESOLVED that the City Manager or his/her designee and/or the Public Works Director or his/her designee is hereby authorized and empowered to execute in the name of the City of Hanford all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and

BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

Passed and Adopted at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of _____, 2022, by the following vote:

AYES:

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Attachment: Draft Resolution, 012722 (PW: Approval of Resolution to apply for various CalRecycle Grants)

NOES:

ABSTAIN:

ABSENT:

Diane Sharp
MAYOR of the City of Hanford

Attest:

Natalie Corral

CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 1st day of March, 2022.

Date:

City Clerk

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Attachment: Draft Resolution, 012722 (PW: Approval of Resolution to apply for various CalRecycle Grants)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: J

SUBJECT:

Public Works: Approval of the Purchase of a 2023 Peterbilt/Heil 27yd rear loader refuse truck from E.M. Tharp Inc., of Porterville, Ca., in the amount of $307,454.94 as replacement of a 2008 20yd rear loader truck; Authorization of an additional appropriation of $61,454.94 from Refuse Capital Reserve Funds to cover the cost of the purchase; and declare the 2008 unit as surplus.

RECOMMENDATION
That the City Council, by motion:
1) Approve the purchase of one replacement rear load refuse truck from E.M. Tharp, in the amount of $307,454.94; and
2) Authorize an additional appropriation $61,454.94 from the Refuse Capital Reserve Fund; and 3) Declare one existing 2008 refuse rear load collection vehicles as surplus and authorize the sale of this vehicle.

BACKGROUND:

The City's Fleet Replacement Reserve Budget allocates funds annually to replace equipment that has outlived its useful life. Staff has identified one refuse division rear load collection vehicle that has exceeded the City's established replacement lifecycle criteria of a minimum ten (10) years of service and is showing signs of advanced wear as documented by fleet maintenance records. Maintenance costs have steadily increased over the years and over the last two years, have exceeded $37,000.00.

The proposed new vehicle purchase will consist of one 27yd Rear Loader refuse truck and will be equipped with and on-board scale system. In the past, the City has purchased Rear Loaders with a 20yd capacity. The new units increased capacity and scale system will make the collection of refuse more efficient.

The City received a quote through Sourcewell, which allows participating municipal agencies to purchase equipment for a lower overall purchase price due to larger overall quantity and contract

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pricing (Contract code No. 060920-PMC). The City of Hanford is a member of Sourcewell Cooperative Purchasing.

FISCAL IMPACT:

The FY 21/22 Fleet Replacement Reserve Budget provided $246,000.00 for the purchase of one replacement rear load refuse truck which is the total collected through the City's fleet replacement program. The total purchase price for the new refuse vehicle is $307,454.94, including tax and delivery. An additional appropriation of $61,454.94 from the Refuse Capital Reserve Fund is needed to complete the purchase of this vehicle. There are sufficient Refuse Capital Reserves to fund the additional appropriation request without impacting budgeted purchases in FY 21/22. The E.M. Tharp's Sourcewell quote and maintenance records of the unit to be replaced have been attached for Council review.

ATTACHMENTS:

EM_THARP_FY22_REAR_LOADER_QUOTE
#342_MAINTENANCE_REPORT

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Stock Number:TBD Customer Proposal LetterQuote Number:230120 December 15, 2021 (559) 585-2554
Tom Bettencourt
Year Make Model Description Mileage
2023 Peterbilt 567 Garbage/Refuse Truck 0
Estimated Delivery Date:March 1, 2022
Quantity 1 Total
$148,264.00 $148,264.00
$128,689.32 $128,689.32
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$276,953.32 $276,953.32
$0.00 $0.00

7.250% $20,079.12 $20,079.12
$17.50 $17.50
$45.00 $45.00
Administration Fee $350.00 $350.00
$0.00 $0.00
$2,460.00 $2,460.00
$2,750.00 $2,750.00
$4,800.00 $4,800.00
$0.00 $0.00
$0.00 $0.00
$307,454.94 $307,454.94
Trade Allowance * $0.00
Proposal Valid for: 30 Days *See DISCLAIMER (page 2)
Surcharge
Flooring
N/A
N/A
Total Sales Price
CARB surcharge warranty 5/150 PX9
N/A
N/A
Federal Excise Tax
Federal Excise Tax Tire Credit
Net Sales Price
Estimated License, License Transfer, Reg. Fee
State & Local Taxes
Tire Recycling Fee
Documentary Fee
Out of State Delivery
Optional Extended Warranty (ies) / Non Taxable Items
N/A
E.M. Tharp Inc., d.b.a. Golden State Peterbilt
15243 Road 192 Porterville, CA 93257 (559) 782-5800 Phone (559) 746-0346 Fax City of Hanford
900 S. 10th Ave.

Hanford, Ca. 93230
Thank you for the opportunity to earn your business. We look forward to working with you on your business needs.

Please accept the following proposal
Vehicle Price per Unit
Heil 5000 27 yard
N/A
N/A

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Attachment: EM_THARP_FY22_REAR_LOADER_QUOTE (PW: Purchase of One Replacement Refuse Truck) Quote Number:230120
Chad EverettSales Representative Signature Printed Name Purchaser Signature Printed Name

Title Date
Accepted by
Dealer General Sales Manager Signature Title
Vice President or President
Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition and/or mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer.

E.M. Tharp Inc., d.b.a. Golden State Peterbilt
15243 Road 192 Porterville, CA 93257 (559) 782-5800 Phone (559) 746-0346 Fax NEW EQUIPMENT ORDERS & CHARGES:

Customer has 15 days from the estimated delivery date to accept delivery of the vehicle. After 15 days from the estimated delivery date the Dealer reserves the right to access a monthly charge of .83% percent on the cash price of vehicle. On any new vehicle orders that are canceled, there will be a loss of Non-Refundable Deposit.

Note: The above Customer Proposal is a quotation only. Sale terms subject to Dealer approval.

DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Order Incorporating above terms. Any documentary fees, state tax, title, registration, F.E.T., and license fees subject to adjustment and change.

Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change.

Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted.

Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of

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Attachment: EM_THARP_FY22_REAR_LOADER_QUOTE (PW: Purchase of One Replacement Refuse Truck)

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Attachment: #342_MAINTENANCE_REPORT (PW: Purchase of One Replacement Refuse Truck)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: K

SUBJECT:

Public Works: Dedication of street right-of-way to the State Department of Transportation for the roundabout right-of-way on Highway 43 at Lacey Boulevard

RECOMMENDATION:

That the City Council, by motion, approve the dedication of street right-of-way to the State Department of Transportation for the roundabout right-of-way on Highway 43 at Lacey Boulevard.

BACKGROUND:

The approval and construction of the roundabout on Highway 43 at Lacey Boulevard was a requirement of the development of the Regional Commercial Center at Lacey Boulevard and Highway 43. As part of the development, the City constructed the facilities within the State right of way, with the understanding that, upon completion, the City was to dedicate the remaining right of way consistent with the improvements to Caltrans. This action will close the loop on that project and close it out.

The attached Grant Deed to the City provides the necessary right of way to facilitate the maintenance of the street improvements within the Caltrans right-of-way.

FISCAL IMPACT:

There is no financial impact for the dedication of right of way to Caltrans for street improvements.

ATTACHMENTS:
88182-1 Dedication
88183-1 Dedication
Map

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GRANT DEED
Space above this line for Recorder’s Use

The CITY OF HANFORD, a Municipal Corporation of the State of California,

hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the unincorporated area, City of Hanford, State of California, described as follows:

SEE “EXHIBIT A” ATTACHED HERETO

88182-1_DEED.docx 3/2015
District County Route Postmile Number

06 KIN

43 18.52

88182-1

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Attachment: 88182-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By Adetokunbo Omishakin
Director of Transportation

By
Attorney in Fact
Paula Paden
Chief, Local Programs

88182-1_DEED.docx 3/2015

88182-1
Number

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Attachment: 88182-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

EXHIBIT “A”

All of that certain parcel of real property granted to the City of Hanford, per the Grant Deed recorded April 15, 2016, Document No. 1605761, Kings County Official Records.

TOGETHER WITH all of that certain parcel of real property granted to the City of Hanford and described as “AREA 1” in the Correction Grant Deed recorded September 2, 2020, Document No. 2015940, Official Records of Kings County.

Containing a total area of 10,238 square feet, more or less.

There shall be no abutter’s rights, including rights of access, appurtenant to the above described real property in and to the adjacent State freeway.

Subject to special assessments, if any, restrictions, reservations and easements of record.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature:

David C. Fusinato
Professional Land Surveyor
Expires: 12-31-2023

Date: December 17, 2021

EXHIBIT “A” Parcel 88182-1

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Attachment: 88182-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

GRANT DEED
Space above this line for Recorder’s Use

The CITY OF HANFORD, a Municipal Corporation of the State of California,

hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the unincorporated area, City of Hanford, State of California, described as follows:

SEE “EXHIBIT A” ATTACHED HERETO

88183-1_DEED.docx 3/2015
District County Route Postmile Number

06 KIN

43 18.44

88183-1

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Attachment: 88183-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By Adetokunbo Omishakin
Director of Transportation

By
Attorney in Fact
Paula Paden
Chief, Local Programs

88183-1_DEED.docx 3/2015

88183-1
Number

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Attachment: 88183-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

EXHIBIT “A”

All of that certain parcel of real property granted to the City of Hanford and described as “AREA 2” in the Correction Grant Deed recorded September 2, 2020, Document No. 2015940, Official Records of Kings County.

Containing an area of 249 square feet, more or less.

There shall be no abutter’s rights, including rights of access, appurtenant to the above described real property in and to the adjacent State freeway.

Subject to special assessments, if any, restrictions, reservations and easements of record.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature:

David C. Fusinato
Professional Land Surveyor
Expires: 12-31-2023

Date: December 17, 2021

EXHIBIT “A” Parcel 88183-1

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Attachment: 88183-1 Dedication (PW:Dedication for Street Right-of-Way to Caltrans)

LINE TABLE RADIAL TABLE

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KINGS COUNTY RECORDS

OFFICIAL RECORDS KINGS COUNTY
SEC
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ON LINE

EXISTING ROAD RIGHT-OF-WAY

EXISTING PROPERTY LINE

LIMIT OF PREVIOUS RIGHT OF WA Y DEDICATION
ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.

SURVEYOR'S STATEMENT

THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN

CONFORMANCE WI TH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT AT THE REQUEST OF JOHN KASH/AN ON AUG UST 28, 2019.
�AC). cg�PETER D. COHRS, LS 5096

COUNTY SURVEYOR'S STATEMENT
T

HIS MAP HAS BEEN EXAMINED
IN
AC
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LAND SURVEYOR'S ACT THIS _£-fl, DAY OF Ocfu/J.�.r 20...1:d_ ROBERT L. AB
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AHAMIAN, PLS 9388, COUNTY SURVEYOR
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BY: DONN W. DWYER, PLS 8837

RECORDER'S STATEMENT
DOCUMENT NO. a. \'i,"oo\C\ FEE $ '8 3 _oe
FILED THIS i
+
"' DAY OF oc..+ober . 20 o.\ AT \\:so a. M.

IN VOLUME a1,p OF LICENSED SURVEYORS' PLATS AT PAGE 97

AT THE REQUEST OF PRECISIO N CIVIL ENGINEER/NG

KRISTINE LEE, COUNTY RECORDER
BY: � DEPUTY

BA SIS OF BEARINGS
THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28. TOWNSHIP 18 SOUTH, RANGE 22 EA ST, MOUNT DIABLO BASE AND MERIDIAN, IS TAKE N TO BE NORTH oo· 21' 55" EAST PER MA P REC ORDED IN BOOK 1 4 OF PARCEL MAPS AT PAGE 31 , KINGS COUNTY RECORDS.

SOUTH QUAR
TER
CORNER
SECTION 28-18/22

FOUND STEEL PIN
2" BELOW SURFACE

NOT TAGGED, PER
CORNER RECORD NO . 3574
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1234 0 St . FRESNO, CA. 93121 PH(559)449-4500 FAX(559)449-4515 SHEET1 OF1

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Attachment: Map (PW:Dedication for Street Right-of-Way to Caltrans)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: A

SUBJECT:

Clerk: Conduct the Third Public Hearing to Receive and Update on the Redistricting Process; Review Draft Maps that were received; and Receive input from the community regarding the redrawing of City Council District Boundaries

RECOMMENDATION:

1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries;

2. Review draft maps; and

2. Conduct a public hearing to receive public input on district boundaries.

BACKGROUND:

Pursuant to Election Code section 21601, cities with by -district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and commu nities of interest are aware of the redistricting effort and are provided with options to participate. The first public hearing was held on October 19, 2021 and the second public hearing was held on November 16, 2021. This is the third of four required pub lic hearings, and the first where draft maps will be reviewed by the City Council.

DISCUSSION:

The purpose of this public hearing is to provide additional information to the public about the redistricting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. In addition, draft maps prepared by the City’s redistricting consultant, as well as maps received by the public, will be presented for Council and

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the public’s review. The publ ic is requested to provide input regarding communities of interest and other local factors that should be considered while considering the draft district maps. A community of interest under the relevant Elections Code for cities (Section 21621(c) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”

Possible features defining community of interest might include, but are not limited to:

1. School attendance areas;

2. Natural dividing lines such as major roads, hills, or highways;

3. Areas around parks and other neighborhood landmarks;

4. Common issues, neighborhood activities, or legislative/election concerns; and

5. Shared demographic characteristics, such as:
• Similar levels of income, education, or linguistic isolation; • Languages spoken at home; and
• Single-family and multi-family housing unit areas.

Draft Maps

Following the second public hearing in November, the City’s redi stricting consultant began drafting options that balanced the City’s population to an acceptable total deviation below 10%.

In addition, a community workshop was held on Saturday, January 22, 2022, where the City’s consultant shared initial draft options with the public, and provided a demonstration on the use of the City’s online and paper map drawing tools. Subsequent to the workshop, a total of four maps have been received from members of the public. Each of the maps is summarized below, and images, along with complete demographic breakdowns for each map option, is attached to this report.

Further, an online viewing tool for all six maps may be found on the website redistricting page, with full search and other geolocation tools enabled.

Map Option 1

Option 1 is population balanced with a total deviation of .68% (less than one percent). It significantly resembles the current boundary map, with minor shifts of population between Districts A and E, and Districts D and E. The map creates compact, contiguous districts, and like all map options, absorbs the recently annexed county islands within the City limits. While some of the changes have no impact on voting cycle, the map does move a total of 78 voters from a 2022 voting cycle to a 2024 voting cycle, resulting in those voters being deferred two years. The map draws District D as a majority/minority Hispanic voting district (a district where the minority citizens of voting age population (CVAP) is 50%+1 or greater), as in the current boundary map.

Map Option 2

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Option 2 is also population balanced, with a total deviation of 1.56%. Like Option 1, it significantly resembles the current boundary map, and makes minor population shifts, albeit different shifts, between Districts A and E, and Districts D and E. It creates compact and contiguous districts, and draws District D as a majority/minority Hispanic voting district using the CVAP metric. Movement of population between Districts results in a total of 67 people being deferred from a 2022 cycle to a 2024 cycle, a delay of two years.

Map Option 3

Option 3 was submitted by a member of the public. It is population balanced, with a deviation of

6.26%. It appears to be a modification of Map Option 2, with additional population shifts between Districts B and E and B and C. The map does move a total of 1,954 voters from a 2022 voting cycle to a 2024 voting cycle, resulting in those voters being deferred two years. It creates compact and contiguous districts, and draws Districts D and E as majority/minority Hispanic voting districts using the CVAP metric.

Map Option 4

Option 4 was submitted by a member of the public. It is population balanced with, with a deviation of 5.43%. It is a more dramatic change from the current configuration, as compared to Options 1-3, particularly in regard to the composition of Districts B and E. The number of voters being deferred from voting in 2022 to 2024 is 4,422. It creates contiguous and somewhat compact voting districts, and like Option 3, draws Districts D and E as majority/minority Hispanic voting districts using the CVAP metric.

Map Option 5

Map Option 5 was submitted by a member of the public. It is population balanced with a deviation of 5.69%. It exhibits change in the configuration of all five districts, and defers 6,305 voters from a 2022 voting cycle to 2024. It creates contiguous and compact voting districts, and draws Districts D and E as majority/minority Hispanic voting districts using the CVAP metric.

Map Option 6

Map Option 6 was submitted by a member of the public. It is not population balanced, exhibiting a total deviation of 35.28%. It moves 6,419 voters from a 2022 voting cycle to the 2024 election, and draws District E as a majority/minority Hispanic voting district using the CVAP metric. The map creates compact and contiguous voting districts. Should the Council wish to explore Option 6 in greater depth, the City’s redistricting consultant may attempt to revise the map in order to lower the deviation to an acceptable level of 10% or less.

Next Steps

Following tonight’s hearing, Best Best & Krieger will revise any potential map(s) at Council’s direction, for consideration at the fourth public hearing, scheduled for March 15, 2022. For example, if the Council wished to consider Map Options 1 and 2, but would like to see revisions

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to create a second majority/minority Hispanic voting district, that direction may be provided.

Council may also narrow its focus and select a preferred map(s) for consideration at the fourth public hearing. In the event Council selects a preferred map(s), staff will also include introduction of an ordinance approving the final map on the agenda for March 15th. The deadline for final adoption of the ordinance for the City of Hanford is April 17, 2022. If additional public hearings and/or special meetings are necessary to approve the final map by the deadline, staff will identify acceptable dates and schedule such meetings accordingly.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

2.22.22 Maps and Analysis-c1

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Map Option 1

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 1

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native
District
Total
Population
Raw
Deviation
%
Deviation
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 11,909 -36 -0.30% 7,337 4,438 450 1,593 5,749 2 641 - 55 B 11,924 -21 -0.18% 8,502 4,782 463 2,651 5,840 90 258 - 101 C 11,990 45 0.37% 8,209 4,036 383 3,167 5,041 42 199 - 44 D 11,916 -29 -0.25% 6,044 1,342 441 3,898 2,151 70 154 1 27 E 11,988 43 0.36% 6,918 2,571 381 3,320 3,590 62 423 1 107 Total 59,727
Ideal 11,945 Deviation 0.68%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 2

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 2

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native

District
Total
Population
Raw
Deviation
%
Deviation
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 12,032 87 0.72% 7,407 4,518 449 1,603 5,814 2 647 - 54 B 11,991 46 0.38% 8,538 4,814 465 2,657 5,873 90 258 - 102 C 11,846 -99 -0.83% 8,140 4,000 383 3,134 5,008 42 199 - 44 D 11,950 5 0.04% 6,008 1,251 489 3,874 2,120 7 201 - 44 E 11,908 -37 -0.31% 6,917 2,586 332 3,361 3,556 125 370 2 90 Total 59,727
Ideal 11,945
Deviation 1.56%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries)

Map Option 3

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 3

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native

District
Total
Population
Raw
Deviation
%
Population Latino
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 11,635 -310 -2.60% 4,304 7,034 4,039 440 1,691 5,356 1 661 - 60 B 11,972 27 0.22% 5,694 8,668 4,793 496 2,769 5,904 80 269 - 114 C 12,383 438 3.66% 5,538 8,382 4,692 342 2,730 5,618 29 257 - 25 D 11,760 -185 -1.55% 8,352 6,062 1,558 515 3,695 2,415 25 130 - 29 E 11,977 32 0.26% 7,916 6,864 2,087 325 3,744 3,078 131 358 2 106 Total 59,727
Ideal 11,945 Deviation 6.26%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 4

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 4

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native

District
Total
Population
Raw
Deviation
%
Population Latino
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 11,669 -276 -2.31% 4,493 6,824 3,817 321 1,845 4,966 1 625 - 68 B 11,859 -86 -0.72% 5,819 8,275 4,546 538 2,636 5,627 80 285 - 75 C 12,272 327 2.73% 4,838 8,755 5,205 480 2,370 6,377 28 296 - 61 D 12,288 343 2.87% 8,518 7,105 2,082 541 4,177 2,939 26 86 - 26 E 11,639 -306 -2.57% 8,136 6,051 1,519 238 3,601 2,462 131 383 2 104 Total 59,727
Ideal 11,945 Deviation 5.43%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 5

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 5

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native

District
Total
Population
Raw
Deviation
%
Population Latino
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 11,662 -283 -2.37% 4,659 7,019 3,914 372 1,937 5,087 1 645 - 73 B 12,342 397 3.32% 4,552 8,047 5,101 446 1,907 6,142 13 400 - 71 C 11,688 -257 -2.15% 5,757 8,575 4,453 428 2,992 5,567 96 168 - 67 D 12,012 67 0.56% 7,901 7,153 2,446 597 3,786 3,384 25 127 - 17 E 12,023 78 0.65% 8,935 6,216 1,255 275 4,007 2,191 131 335 2 106 Total 59,727
Ideal 11,945 Deviation 5.69%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 6

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 6

* CVAP = Citizens of Voting Age Population
** NL = Non-Latino
*** AIAN = American Indian Alaskan Native

District
Total
Population
Raw
Deviation
%
Population Latino
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
A 12,438 493 4.12% 5,231 7,257 3,981 440 1,973 5,288 1 668 - 60 B 13,581 1,636 13.69% 5,147 9,448 5,918 545 2,351 7,090 28 406 - 100 C 9,367 -2,578 -21.58% 5,075 6,061 2,850 337 2,428 3,629 25 142 - 23 D 11,843 -102 -0.86% 7,024 7,770 3,143 518 3,650 4,133 81 124 - 46 E 12,498 553 4.63% 9,327 6,474 1,277 278 4,227 2,231 131 335 2 105 Total 59,727
Ideal 11,945 Deviation 35.28%

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Attachment: 2.22.22 Maps and Analysis-c1 (Clerk: Redrawing of City Council Member District Boundaries)

AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION: A

SUBJECT:

Adoption of Resolution Nos. 22-04-R and 22-05-R, establishing community facilities, district goals, and policies and stating the Council’s intention to form Community Facilities District 2022-01 (Live Oak).

RECOMMENDATION:

It is recommended that the Council, by motion, adopt the attached Resolution No. 22-04-R establishing community facilities, district goals, and policies and the attached Resolution No. 22- 05-R that states the Council’s intention to form Community Facilities District 2022-01 (Live Oak).

Recommended Motion #1: I move to adopt Resolution No. 22-04-R.

Recommended Motion #2: I move to adopt Resolution No. 22-05-R.

BACKGROUND:

Live Oak is a planned unit development, which is located south of Hume Ave. on each side of 12th Ave., consisting of multiple residential subdivisions located on approximately three hundred sixty-eight (368) acres. Of the three hundred sixty-eight (368) acres, it is expected that two hundred ninety-seven (297) acres will be occupied by residences, which will be subject to the CFD’s special tax levy.

The project will include various public improvements, including parks, street lighting, storm drainage facilities, landscaping, and other public improvements (collectively “Public Improvements”).

After communication with one of the developers of a portion of the Live Oak project, the City determined that maintenance of the Public Improvements should be funded through a community

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facilities district (“CFD”) rather than a landscape and lighting maintenance district (“LLMD”) that exist in other parts of the City. The Mello-Roos Community Facilities District Act of 1982 (“Mello-Roos”) allows for the formation of a maintenance district that levies an annual special tax to operate and maintain public facilities. CFDs are similar to LLMDs; however, they allow for the funding of a broader range of expenses, including maintenance of storm drainage facilities.

The City has utilized CFDs in the past. For example, the City formed a CFD to fund the construction of public improvements in the vicinity of 12th Avenue and Lacey Boulevard, including street, storm drainage, landscaping, water, and sanitary sewer improvements.

As a condition of creating a CFD, Mello-Roos requires the City Council to adopt local goals and policies for the CFD. The goals and policies are intended to be general in nature, and their purpose is to guide the formation of the CFD and ensure that the CFD remains fiscally sustainable.

Resolution 22-04-R identifies the goals and policies for the proposed CFD and addresses various Mello-Roos requirements.

To commence the formation of Community Facilities District 2022-01 (Live Oak), the City Council must hold a public hearing. Resolution 22-05-R will establish 7:00 p.m. on April 5, 2022, as the time for the required hearing. The Resolution also addresses the following matters:

· Accepts the Petition and Waiver (copy attached) regarding CFD formation signed by the owners of land within the proposed CFD;

· Directs the City Clerk to record a map of the CFD’s proposed boundaries (copy attached) as required by Mello-Roos;

· Generally describes the services that are proposed to be financed by the CFD;

· Generally describes the rate and method of apportionment of the proposed special tax to be levied by the CFD;

· Confirms that land owned by government agencies shall be exempt from the special tax;

· States that the proposed special tax shall be subject to approval by electors (owners of the land within the CFD);

· Directs the City Engineer to prepare a report identifying the services to be provided by the CFD and estimating the costs of such services; and

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· Approves a Deposit and Reimbursement Agreement (copy attached).

The Deposit and Reimbursement Agreement addresses the following:

· The Live Oak developers will deposit funds with the City that will pay the costs of CFD formation.

· The Live Oak developers will be required to notify future purchasers of land within the project of the special tax that will be assessed by the CFD.

· Dedication of CFD improvements will be postponed until sufficient tax funds are collected to pay maintenance costs. Until that time, the Live Oak developers will remain responsible for maintaining the improvements.

As part of the April 5 proceedings, the Council will consider Resolutions that form the CFD, call a special election for voter approval of the proposed special tax, and declare election results based upon ballots returned by the current landowners.

ATTACHMENTS: Signed Petition and Waiver, signed Deposit and Reimbursement Agreement, CFD boundary map, Resolution 22-04-R, and Resolution-22-05-R.

FISCAL IMPACT:

ATTACHMENTS:
2022.02.21 Live Oak CFD Map - FINAL
2022.02.21 Resolution for CFD Goals and Policies - FINAL 2022.02.21 Resolution of Intention - FINAL
2022.02.23 Deposit and Reimbursement Agreement - Signed 2022.02.23 Petition and Waiver - Signed

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Attachment: 2022.02.21 Live Oak CFD Map - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 1 RESOLUTION NO. 22-04-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD,

CALIFORNIA, ESTABLISHING GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK)

At a regular meeting of the City Council of the City of Hanford, duly called and held on March 1 , 2022, at 7:00 p.m., it was moved by Council Member _________________, and seconded by Council Member ____________________, and duly carried that the following resolutions be adopted:

WHEREAS, the City Council of the City of Hanford intends to commence proceedings under the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311 of Part 1, Division 2, Title 5 of the California Governm ent Code (“the Act”) to create Community Facilities District No. 2022-01 (Live Oak); and

WHEREAS, the City Council may initiate proceedings to establish a community facilities district under the Act only if it has first considered and adopted local goals and policies (“Goals and Policies”), and a form of such Goals and Policies is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, that the Goals and Policies described in the attached Exhibit “A,” which is incorporated herein by reference, are hereby adopted for purposes of compliance with the Act, subject to further amendment by this City Council as may be required from time to time.

BE IT FURTHER RESOLVED, that this Resolution and the Goals and Policies shall be effective immediately.

PASSED, ADOPTED AND APPROVED this 1
st day of March, 2022 by the following
vote:

AYES: ________________________________________________________________________ NOES: ________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________

Approved _______________________________

DIANE SHARP
Mayor
Attest:

________________________

NATALIE CORRAL

CITY CLERK

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 2 STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a special meeting of the City Council of the City of Hanford held on the 1st day of March, 2022.

Date:

City Clerk

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 3 EXHIBIT “A”

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 4 Local Goals and Policies for Community Facilities District No. 2021-01 (Live Oak) * * * * *
I. General.

Section 53312.7(a) of the California Government Code requires that the City of Hanford consider and adopt local goals and policies concerning the use of the Mello- Roos Community Facilities Act of 1982, Section 53311, et seq ., of the California Government C ode, prior to the initiation of proceedings to establish a new community facilities district.

These Local Goals and Policies for Community Facilities Districts (“Policies”) provide guidance and conditions for the conduct of City p roceedings for the creation and operation of a community facilities district under the Act.

II. Purpose.

The purpose of these Policies is to provide guidance and conditions for the initiation, formation of, and annexation into, Community Facilities District No. 2021-01 (Live Oak).

III. Definitions.

Where used in these Policies, the following terms have the following meanings:

“Act” shall mean the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5 of Division 2, Part 1, of Title 5 of the California Government Code, Section 53311, et seq.).

“Applicant” shall mean in the singular or plural, any person(s), firm(s), or busine ss entity(ies) that files a petition for the formation or annexation into Community Facilities District No. 2021-01 (Live Oak).

“City” shall mean the City of Hanford, California.

“CFD” or “District” shall mean Community Facilities District No. 2021-01 (Live Oak).

“Maintenance or service district” shall mean a non-bonded community facilities district in which the City performs maintenance, repair, and other services for landowners within the City.

IV. Eligible Features and Services.

The CFD will operate and maintain improvements/areas that may benefit not only a particular subdivision, but also the City and the public at large, that serve a public purpose, and that are constructed or installed on public property, dedicated rights-of-way, or public easements.

Eligible improvements include:

• Parks.
• Street Lighting.

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 5 • Stormwater Facilities.
• Landscaping and Other Public Improvements.

V. Priority of Services.

Health and safety services, including, but not limited to, the maintenance of storm drain improvements, and street lights, take priority over landscaping and other improvements.

VI. Disclosure to Property Owners and Purchasers.

Prior to CFD proceedings for formation or annexation, the applicant or property owner (s) shall demonstrate to the City’s satisfaction that there will be full disclosure of any special tax levied pursuant to the Act and these Policies to ensure that existing and future property owners are fully informed of their obligations under the CFD. Disclosure must be made to both existing property owners and prospective property purchasers, including interim purchasers, developers, and prospective tenants. At a minimum, the appl icant must ensure that all disclosures mandated by law will be made. Such disclosure shall include written notification signed by the prospective buyer prior to purchase, as well as any other methods required by the City to ensure notification to subsequent purchasers.

VII. Property Owner/Voter Support.

The applicant for CFD formation shall submit petitions to the City, in the form required by the City, requesting institution of proceedings for the establishment of, or annexation into, the CFD, signed by not less than ten percent (10%) the registered voters residing within the boundaries of the proposed CFD or by the owners of not less than ten percent (10%) of the area of land within the proposed CFD, as applicable.

VIII. Tax Allocation Formula; Amount of Special Tax.

Prior to CFD formation or annexation, the City shall determine that the special tax rate, allocation, and method of collection and that the required and maximum amount of the special tax is fair, reasonable, and equitable. The City de termines that each non-exempt parcel shall receive equal benefit with respect to CFD services.

The amount of the special tax levied may never surpass the lesser of the maximum special tax or the annual costs of maintenance services to be provided, including, without limitation, the funding of reserves.

The reserve for replacement and improvement of CFD improvements shall be computed either as a percentage of the annual maintenance cost or as the replacement cost amortized over estimated life, as appropriate to the CFD improvement(s) at issue, determined in the reasonable discretion of the City Engineer or his/her designee.

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 6 IX. Costs and Reimbursements for CFD Formation/Annexation.

All City and professional service costs incurred in the evaluation of an application for and in formation or annexation to the CFD will be paid by the applicant. In any event, the applicant shall reimburse the City for all expenses incurred in processing the formation of or annexation to the CFD.

X. Delayed Acceptance of Improvements.

The City may delay its acceptance of Improvements until such time as sufficient special tax revenue is collected by the County Tax Collector and distributed to the City to allow the City to provide for the proper maintenance and care t hereof. The applicant shall be responsible for maintaining the Improvements prior to the City’s acceptance thereof.

XI. Prepayment of Special Tax.

The CFD, a maintenance or service district, has ongoing annual costs that require a year - to-year levy with no payoff date. Therefore, prepayment of the CFD special tax obligation is not possible and will not be offered to taxpayers.

XII. Professional Services.

Selection of professional services needed for the formation, annexation, or administration of the CFD shall be determined in the reasonable discretion of the City.

XIII. Credit Rating and Appraisal Requirements for Bond Issuance.

The City shall not build or purchase improvements and will not issue bonds. Therefore, there are no credit rating or appraisal requirements.

XIV. Amendments.

The City Council may amend these Policies from time to time as necessary to respond to changes in financing conditions, economic conditions, or applicable law, in the manner and the extent allowed by law. These policies are not intended to create or constitute any vested or property right, whatsoever.

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Attachment: 2022.02.21 Resolution for CFD Goals and Policies - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 1 RESOLUTION NO. 22-05-R

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

HANFORD, CALIFORNIA, TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK) AND AUTHORIZE THE LEVY OF SPECIAL TAXES

THEREIN

At a regular meeting of the City Council of the City of Hanford, duly called and held on March 1, 2022, at 7:00 p.m., it was moved by Council Member _________________, and seconded by Council Member ____________________, and duly carried that the following resolutions be adopted:

WHEREAS, the City Clerk has received a written Petition and Waiver (“Petition”) from the owners of not less than ten percent (10%) of the area of land proposed to be included within a community facilities district described herein; and

WHEREAS, under the Mello- Roos Community Facilities Act of 1982, as amended (“Act”), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, the City Council is the legislative body for the proposed community facilities district and is empowered with the authority to establish the district; and

WHEREAS, the City Council has reviewed the Petition and found it to be in proper form and now desires to proceed with the establishment of the community facilities district.

NOW, THEREFORE, BE IT RESOLVED , the City Council accepts the Petition and proposes to conduct proceedings to establish a community facilities district pursuant to the Act.

BE IT FURTHER RESOLVED, the name proposed for the community facilities district is Community Facilities District No. 2022-01 (Live Oak) (“CFD”).

BE IT FURTHER RESOLVED , the proposed boundaries of the CFD are as shown on the map of the CFD attached hereto as Exhibit “A,” which is incorporated herein by reference.

The proposed boundaries are hereby preliminarily approved. The City Clerk is hereby directed to record, or cause to be recorded, said map in the office of the County Recorder within fifteen (15) days of the date of adoption of this Resolution.

BE IT FURTHER RESOLVED, the services (“Services”) proposed to be financed by the CFD under the Act shall consi st of those listed in Exhibit “ B” attached hereto, which is incorporated herein by reference. The Council hereby determines that the Services are necessary to meet increased demands for such s ervices placed upon the City as the result of development occurring within the area of the CFD.

BE IT FURTHER RESOLVED, a special tax (“Special Tax”) sufficient to pay the costs of the CFD, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 2 detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the attached Exhibit “C,” which is incorporated herein by reference (“Rate and Method”).

BE IT FURTHER RESOLVED, except as may otherwise be provided by law or by the Rate and Method for the CFD, all lands owned by any public entity, including the United States of America, the State of California, the County of Kings, and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax. In the event that a portion of the property within the CFD shall become, for any reason, exempt, wholly or in part, from the levy of the Special Tax, the City Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining non-exempt property in order to pay the annual expenses of the CFD, subject to the provisions of the Rate and Method.

BE IT FURTHER RESOLVED, the levy of the Special Tax on property located within the CFD shall be subject to the approval of the qualified electors of the CFD at a special election.

The proposed voting procedure shall consist of the mailing or hand- delivery of ballots to owners of land located within the CFD’s boundaries, with each owner having one (1) vote for each acre or portion of an acre such party owns within the CFD and which is not exempt from the Special Tax.

BE IT FURTHER RESOLVED, the City Engineer or his/her designee is hereby directed to study the proposed Services and to make, or cause to be made, and file with t he City Clerk a written report (“CFD Report”), which shall be part of the record of the public hearing hereinafter specified and which report shall present the following:

1. A description of the Services that will be required to address the CFD’s needs; and

2. An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and other related costs.

BE IT FURTHER RESOLV ED, on April 5, 2022, at 7:00 p.m. or as soon as possible thereafter, in the City Council Chambers located 400 N. Douty St., Hanford, CA, the City Council will conduct a public hearing on the establishment of the CFD and will consider and determine whether the public interest, convenience, and necessity require the formation of the CFD and levy of the Special Tax.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to cause notice of the public hearing to be given by publication one (1) time in a newspaper published in the area of the CFD. The publication shall be completed at least seven (7) days prior to the date of the public hearing specified herein.

BE IT FURTHER RESOLVED, the notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions of this Resolution.

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 3 BE IT FURTHER RESOLVED , per Section 53314.9 of the Act, the parties that petitioned the City for the CFD’s formation shall advance funds that will pay the costs to create the CFD in accordance with the terms of the Deposit and Reimbursement Agreement (“Deposit Agreement”) attached hereto as Exhibit “D,” which is incorporated herein by reference.

BE IT FURTHER RESOLVED, the Deposit Agreement is hereby approved and Mayor is authorized and directed to execute the Deposit Agreement on the City’s behalf.

BE IT FURTHER RESOLVED , this Resolution shall take effect immediately upon its adoption.

PASSED, ADOPTED AND APPROVED this 1
st day of March, 2022 by the following
vote:

AYES: ________________________________________________________________________ NOES: ________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________

Approved _______________________________

DIANE SHARP
MAYOR
Attest:

________________________

NATALIE CORRAL

CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 1
st day of March, 2022.

Date:

City Clerk

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

EXHIBIT “A”

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

EXHIBIT “B”

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

Services Financed by CFD Special Tax
* * * * *
Community Facilities District No. 2022-01 (Live Oak) (“CFD”) will finance, in whole or in part, the direct and indirect costs of the following services (“services” shall have the meaning given to that term in the Mello -Roos Community Facilities Act of 1982), including all related administrative costs and expenses, and reserves for the replacement of improvements, facilities, and equipment.

Parks

Maintenance, including servicing, repair, improvement, replacement, and removal of parks and park amenities, including, without limitation, landscaping, buildi ngs, sports fields, sports courts, playground equipment, play courts, pl ay structure s, picnic tables, lighting, drinking fountains, restrooms, barbeques , and other par k improvements and amenities within the CFD’s boundaries. Maintenance also includes , without limitation, cleaning and removal of graffiti and payment of electric, water, and other utility costs.

Street Lighting

Maintenance, including, without limitation, servicing, repair, improvement, replacement, and removal of street light improvements, including, without limitation, poles, fixtures, conduits, equipment, guys, anchors, posts, pedestals, and metering devices , within the CFD’s boundaries .

Maintenance also includes cleaning and removal of graffiti and payment of electric, wat er, and other utility costs.

Stormwater Facilities

Maintenance, including, without limitation, servicing, repair, improvement, replacement, and removal of stormwater drainage facilities within the CFD’s boundaries (includes , without limitation, field inspections, record keeping, cost of permits, and regulatory fees, environmental mitigation monitoring, reporting, vegetation management and weed abatement , and removal of silt, sediment, trash, and debris). Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

Landscaping and Other Public Improvements

Maintenance, including servicing, repair, improvement , replacement, and removal of parkways, landscape setbacks, landscaped areas, landscaped roadway medians, open space, publicly owned masonry walls, fences, monuments, and features, trails, walking and bicycle paths, etc. Maintenance also includes, without limitation, cleaning and removal of graffiti and payment of electric, water, and other utility costs.

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

Additional Costs and Expenses

In addition, the following costs will also be financed by the special taxes levied within the CFD and will be allocated to each improvement described above based upon their pro rata share of needed administrative costs, operating reserves , and capital reserves, and actual or estimated delinquencies:

1. Administrative expenses, including, without limitation, the costs incurred to determine, levy, and collect and enforce the special taxes, compensation of City of Hanford employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting special tax installments on general tax rolls, preparation of required reports, and all other costs incurred in the administration and operation of the CFD by the City of Hanford;

2. Any amounts needed for CFD operating reserves and capital reserves;

3. Amounts deposited into a sinking fund for services that could not otherwise be funded in any given fiscal year; and

4. Any amounts needed to cure actual and estimated delinquencies in special taxes for the future, current, and previous fiscal years.

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

EXHIBIT “C”

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 1 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)

RATE AND METHOD OF APPORTIONMENT

CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(LIVE OAK)
A Special Tax, as hereinafter defined, shall be levied on all Assessor’s Parcels in City of Hanford Community Facilities District No. 2022-01 (Live Oak) ("CFD No. 2022-01") and collected each Fiscal Year commencing in Fiscal Year 202 2-2023, in an amount determined by the Council , through the application of the Rate and Method of Apportionment as describ ed below. All of the real property in CFD No. 2022-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other recorded parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly or indirectly related to the administration of CFD No 2022 -01, including, without limitation : the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the C ity, CFD No. 2022 -01 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes of CFD No. 2022- 01, including, without limitation, attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent Special Taxes.
"Assessor’s Parcel" means any real property to which an Assessor’s Parcel Number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Authorized Services” means the CFD Services, services associated with the Administrative Expenses, and services paid by the Reserve Fund.
“Benefitted Property” means developments commonly known as G reenbrier Gardens and Live Oak North, which are part of the City of Hanford Landscaping and Lighting Assessment District No. 07-02 and are conditioned to send stormwater to the Lone Oak Slough Basin located on the CFD. “Benefitted Property Contribution” means an equitable contribution from B enefitted Property

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 2 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)
for utilizing the Lone Oak Slough B asin located on the CFD , if any . Benefitted Property Contribution is separate and distinct from payments made by Benefitted Property in accordance with any oversizing and recapture agreement entered by and between the Benefitted Property and the City.
“Boundary Map” means a recorded map(s) which indicates the boundaries of CFD No. 2022-01. “Building Permit” means the first legal document issued by the City giving official permission for the construction of a building on an Assessor’s Parcel. For purposes of this definition and application of the Special Tax, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator. “Build-out” means the Fiscal Year in which all Assessor’s Parcel s of Taxable Property within CFD No. 2022-01 are classified as Developed Property.
“CFD Administrator ” means an official of the C ity, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD Formation” means the date on which the Council approved documents to form CFD No. 2022-01.
“CFD No. 2022 -01” means the City of Hanford Community Facilities District No. 2022 -01 (Live Oak).
“CFD Services” means those services eligible to be funded, as defined in the Resolution of Formation and authorized to be financed by CFD No. 2022-01 pursuant to Section 53313 and Section 53313.5 of the Act. CFD No. 2022 -01 shall finance CFD Services only to the extent that they are in addition to those provided in the territory before the CFD was created and such CFD Services may not supplant services already available within CFD No. 2022-01 when the CFD was created.
“City” means the City of Hanford.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the San Francisco -Oakland-Hayward, CA Area, measured as of the month of December in the pre vious Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco-Oakland-Hayward, CA Area.
“Council” means the Hanford City Council.
“County” means the County of Kings.
“Developed Property” means, for each Fiscal Year, all Taxable Property located within a Final Map that was recorded as of January 1 of the prior Fiscal Year, for which a Building Permit was issued prior to May 1 of the prior Fiscal Year.
“Dwelling Unit” means one residential unit of any configuration, including, but not limited to, a single-family attached or detached dwelling, condominium, mobile home, or otherwise. “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 3 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)
53340(c) of the Act.
“Final Map” means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) that creates individual lots or parcels for which Building Permits may be issued without further subdivision, or (ii) for condominiums, a final map approved by the City and a condominium plan recorded pursuant to California Civil Code Section 4285 creating such individual lots or parcels. “Final Mapped Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied ; and (ii) for which a Building Permit has not been issued on or before May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the categories listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessor’s Parcels of Taxable Property for which a Building Permit(s) was issued for a non -residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner Association” means, collectively, any property owner association or homeowners association, including any master o r sub-association, created for any property in CFD No. 2022-01.
“Property Owner Association Property ” means, for each Fiscal Year, any property within the boundaries of CFD No. 2022-01 that was owned by a Property Owner Association, as of January 1 of the prior Fiscal Year.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property . For Final Mapped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Final Mapped Property. “Public Property” means, for each Fiscal Year, any property within CFD No. 2022-01 that is owned by, irrevocably offered for dedication to, or dedicated to the federal government, the State, the City, or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property leased by a public agency to a priv ate entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes, City of Hanford, Community Facilities District No. 2022-01 (Live Oak). “Reserve Fund” means a reserve fund to be used for one -time setup costs, capital replacement, and unexpected CFD Services costs.
“Reserve Fund Replenishment ” means that amount to restore the Reserve Fund to a desired balance, as determined by the CFD Administrator. Notwithstanding the foregoing, the Reserve

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 4 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)
Fund Replenishment shall not exceed 20% of the CFD Services costs for such Fiscal Year. "Residential Property" means Assessor’s Parcels of Taxable Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Resolution of Formation” means the resolution adopted by the Council pursuant to Section 53325.1 of the Act, establishing CFD No. 2022-01.
"Special Tax" means a special tax levied in any Fiscal Year to pay the Special Tax Requirement. “Special Tax Requirement” means that amount to pay for Authorized Services and Reserve Fund Replenishment, less Benefitted Property Contribution and a credit for funds available to reduce the Special Tax levy, if any, as determined by the CFD Administrator. The City is under no obligation to pursue any Benefitted Property Contribution and makes no commitments that Benefitted Property Contribution will be collected in the future . Notwithstanding the forgoing, the Special Tax Requirement shall not exceed the Maximum Special Tax in any given Fiscal Year. "State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2022-01 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Final Mapped Property, Public Property, or Property Owner ’s Association Property.

B ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel of Taxable Property shall be classified as Developed Property, Final Mapped Property, Undeveloped Property, Public Property and/or Property Owner’s Association Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property.

C MAXIMUM SPECIAL TAX
C.1 Developed Property
Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2022-2023 for Developed Property is shown below in Table 1.

Table 1: Maximum Special Taxes for Developed Property
Land Use
Class Description Fiscal Year 2022-2023
Maximum Special Tax
1 Residential Property $897 Per Dwelling Unit
2 Non-Residential Property $3,885 Per Acre
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Classes located on the Assessor’s Pa rcel. The CFD

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 5 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)
Administrator’s allocation to each Land Use Class shall be final.

Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 202 3, the Maximum Special Tax for Developed Property shall be increased annually by the greater of th e change in the Consumer Price Index during the 12 months prior to December of the previous Fiscal Year and three and fifty hundredth percent (3.50%), not to exceed six percent (6.00%).

C.2 Final Mapped Property
The Fiscal Year 20 22-2023 Maximum Special Tax for each Assessor’s Parcel of Final Mapped Property shall be $897 per Dwelling Unit, multiplied by the number of Dwelling Units anticipated to be constructed thereon , and shall increase annually thereafter, commencing on July 1, 20 23 and on July 1 of each Fiscal Year thereafter, by the greater of the change in the Consumer Price Index during the 12 months prior to December of the previous Fiscal Year and three and fifty hundredth percent (3.50%), not to exceed six percent (6.00%).

C.3 Undeveloped Property
The Special Tax shall not be levied on any Undeveloped Property.

D APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the City shall levy the Special Tax as follows:

First: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax; and
Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Final Mapped Property at up to 100% of the applicable Maximum Special Tax.

E PREPAYMENT
No prepayments of the Special Tax are permitted.

F EXEMPTIONS
No Special Tax shall be levied on (i) Assessor’s Parcels which are Public Property, Property Owner Association Property, or Exempt Welfare Exemption Property ; (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization; (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement ; (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses ; or (v) Assessor’s Parcels restricted to other types of public uses determined by the CFD Administrator.

G APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was m ade. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R) 6 City of Hanford February 15, 2022
CFD No. 2022-01 (Live Oak)
and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 3 business days in which to appeal to the City by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination. The appeal procedures identified in Hanford Municipal Code Section 5.04.260, which is incorporated herein by reference, shall, to the maximum extent feasible, apply to appeals of the CFD Administrator’s determinations.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

H MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2022-01 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different mann er if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

I TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for Authorized Services as determined at the discretion of the Council.

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

EXHIBIT “D”

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Attachment: 2022.02.21 Resolution of Intention - FINAL (Approval of Resolution No. 22-04-R and 22-05-R)

DEPOSIT AND REIMBURSEMENT AGREEMENT

FOR RESIDENTIAL DEVELOPMENT
(Services Only)
(Parks, Streets, Storm Drainage, Landscaping & Other Improvements; Acceptance Upon Collection of Sufficient Special Taxes to Support Maintenance) by and between

CITY OF HANFORD
and

FOREBAY FARMS, LLC, IMPLACABLE PROPERTIES, LLC, PRESIDIO JJR STERLING OAKS 104, LLC, and PRESIDIO JJR HIDDEN OAKS 104, LLC, collectively as Developer
Dated: February 1, 2022

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

DEPOSIT AND REIMBURSEMENT AGREEMENT
(Services Only)
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (“ Agreement”) is effective February 1, 2022, by and between the City of Hanford, a municipal corporation (“ City”), and

FOREBAY FARMS, LLC, IMPLACABLE PROP ERTIES, LLC, PRESIDIO JJR STERLING OAKS 104, LLC, and PRESIDIO JJR HIDDEN OAKS 104, LLC (collectively “Developer”).

RECITALS
WHEREAS, the City Council of the City of Hanford (“ Council”) proposes to establish Community Facilities District No. 2022-01 (Live Oak) (“District” ) pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (“Act”). The proposed boundaries of the District are depicted on the map attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, Developer owns that real property (“Property”), which is more particularly described in the attached Exhibit “B,” which is incorporated herein by this reference; and WHEREAS, Developer intends to construct resi dential subdivisions on the Property (collectively “Project”); and
WHEREAS, in accordance with that Devel opment Agreement recorded July 16, 2010, as Document No 1012061, Official Records, Kings County, California, as amended, the District is to be formed to finance the maintenance, re pair, improvement, and replacement of public improvements (“Improvements”) located within the District’s boundaries, which will benefit residents located within the District; and
WHEREAS, City is agreeable to taking the actions needed to form the District if Developer compensates City for all costs incurred in connection with the formation of the District, including, without limitation, the establishment of the rate and method of apportionment of the special tax to be assessed by the District; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in the formation of or annexation to a community facilities district; and
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, under all of the following conditions:
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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) (a) The proposal to repay the advances is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act; and
(b) Any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and
(c) Any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election, to the person or entity advancing the funds; and WHEREAS, the District is to be formed for the purpose of funding the services (“Services”) described in the attached Exhibit “C,” which is incorporated herein by reference; and WHEREAS, the intent of utilizing a community facilities district for the Services is to replace traditional maintenance districts, such as landscaping and lighting districts, which City would otherwise have required of Developer; and
WHEREAS, Developer and City desire to enter into this Agreement in accordance with Section 53314.9 and Section 53332(b) of the Act in order to provide for the advancement of funds by Developer to be used to pay costs incurred in connection with the formation of the District; and WHEREAS, Developer and City wish to pr ovide for the payment of expenses in connection with the formation of the District; and
WHEREAS, there is a substantial lag time between the creation of the District and the collection of sufficient special tax revenue to of fset the costs of providing certain maintenance activities associated with facilities constructed and installed by Developer that will be dedicated to City; and
WHEREAS, the Improvements may be eligible for acceptance prior to the collection and receipt by City of sufficient special tax revenue to offset the costs of maintenance.

NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained in the Recitals, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto agree as follows:

SECTION 1. INITIAL DEPOSIT AND DEVELOPER CONTRIBUTION. (a) Prior to the commencement of any legal proceeding to establish the District, Developer shall deposit with City, for the benefit of the District the amount of Twenty-Five Thousand Dollars ($25,000.00 ) (“Initial Deposit” ). City, by its execution hereof, acknowledges receipt of and accepts the Initial Deposit. 2 15.A.d
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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) (b) The Initial Deposit, together with any subsequent deposit required to be made by Developer pursuant to the terms hereof (collectively “Deposits”), are to be used to pay for any costs incurred for any authorized purpose in connection with the formation of the District, including, without limitation, the following:
(i) The reasonable fees and expenses of any attorneys or consultants of City employed in connection with the formation of the District; and (ii) The reasonable costs of rate and met hod analysis, feasibility studies, and other reports deemed necessary or advisable by City in connection with the formation of the District; and
(iii) The reasonable costs of publica tion of notices, preparation and mailing of ballots and other costs related to a ny hearing, election or other actions or proceedings undertaken in connection w ith the formation of the District; and
(iv) Reasonable charges for City st aff time incurred in connection with the formation of the District, including a reasonable allocation of City overhead expense related thereto; and
(v) Any and all other actual costs and expenses incurred by City in connection with the formation of the District, including establishment of the rate and method of apportionment (collectivel y “Initial Costs”). City may draw upon the Deposits from time to time to pay the Initial Costs. (c) If, at any time, the unexpended and unencumbered balance of the Deposits is less than Five Thousand Dollars ($5,000.00) , City may request, in writing, that Developer make an additi onal deposit in an amount estimated to be sufficient, together with any such unexpended and unencumbered balance, to pay for all Initial Costs. Developer shall make such additional deposit with City within two (2) weeks of the receipt by Developer of City’s written request therefor. If Developer fails to make any such additional deposit within such two (2) week period, City may cease all work related to the formation of the District and withhol d further permits or approvals for the Project.
(d) The Deposits may be commingled with other funds of City for purposes of investment and safekeeping, but City shall at all times maintain records as to the expenditure of the Deposits.
(e) City shall provide Developer with a written monthly summary of expenditures made from the Deposits, and the unexpended balance thereof, within ten (10) business days of receipt by City of a written request therefor submitted by Developer, provided that City shall not be required to provide a summary of expenditures more frequently than one (1) time during each calendar month. The cost of providing any such summary shall be charged to the Deposits. 3 15.A.d
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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) SECTION 2. REIMBURSEMENT.

As provided in Section 53314.9 of the Act, if the qualified electors of the District do not approve the proposed levy of special tax, City sh all have no obligation to repay Developer any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with Section 53314.9 of the Act, if the qualified electors of th e District do not approve the proposed levy of special tax, City shall return without interest to Developer any portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed levy of special tax and Developer shall not be entitled to develop or proceed with the Project until such time as the Property is included within a District and a special tax levied.

SECTION 3. AGREEMENT NOT DEBT OR LIABILITY OF CITY.

As provided in Section 53314.9(b) of the Act, this Agreement does not constitute a debt or liability of City. City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the formation of the District, including the establishment of the rate and method of apporti onment. No member of the City Council and no officer, employee, or agent of City shall, to any extent, be personally liable hereunder.

SECTION 4. ASSIGNMENT.

This Agreement or any right or duty hereunder may not be assigne d by either City or Developer; provided, however, Developer shall be entitled to assign its rights, duties, and obligations under this Agreement in connection w ith any sale, conveyance, or transfer of its interest in the Project.

SECTION 5. DISCLOSURE.

Developer covenants to City that Developer shall provide, and shall by contract require all parties who purchase all or portions of the Property from Developer to provide:
(a)T he Notice of Special Tax as required by Section 53341.5 of the Act or any similar successor statute; and
(b) A notice approved by City to be distri buted and signed by prospective purchasers in a form similar to the Notice of Special Tax (“Information Notice”).

Developer agrees to include a statement in the Notice of Special Tax and/or the Information Notice that prospective purchasers acknowledge that, due to the rate and method of apportionment and timing of the close of escrow, the special tax levy may not be levied in time to appear on the initial property tax bill for such purchaser. Developer further covenants to send copies to City of such executed Notices within thirty (30) da ys after execution by a prospective purchaser.

Developer expressly acknowledges that City and the District shall have no duty or obligation and shall incur no liability, jointly or severally, with respect to the foregoing covenant of Developer. 4 15.A.d
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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

SECTION 6. MUTUAL ASSISTANCE AND COOPERATION.

a. City and Developer will assist one another mutually in the formation of the District and the formulation of special taxes to be levied within the District; both parties will mutually assist one another in otherwise undertaking and furthering the goals and objectives set forth in this Agreement.

b. Once sufficient District taxes have been collected, City shall notice Developer of the date that City will accept the Improveme nts. On and after the date that City actually accepts the Improvements, the Di strict shall be responsible for the maintenance thereafter, except for any remaining warranty or maintenance work to be performed by Developer, Developer’s surety, or their respective agents.

SECTION 7. DELAYED ACCEPTANCE OF IMPROVEMENTS.

City and Developer agree that it is in the best interests of the parties hereto that dedication to and acceptance of the Improvements by City be postponed and the Improvements shall be maintained by Developer until such time as sufficient special tax revenue is collected by the County Tax Collector and distributed to City to allow City to provide for the proper maintenance and care thereof.

SECTION 8. ESTIMATED COSTS OF MAINTENANCE.

Developer shall provide City, at the time that Developer believes the Improvements meet City standards for acceptance, an estimate of the cost of on-going maintenance and care. City shall make an estimate of when there may be sufficient revenues to support acceptance of the Improvements.

SECTION 9. CITY ACCEPTANCE OF IMPROVMENTS.

Upon written request from Deve loper, City shall review the special tax revenue and determine if sufficient special tax revenues have been received by City to support the ongoing maintenance and care of the Improvements and City shall notify Developer of the date that City will accept the Improvements and thereafter be responsible for the maintenance thereof, excepting any remaining warranty or guaranty work.

SECTION 10. NOTICES.

All written notices to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at su ch other addresses as such party may provide to the other parties in writing from time to time, namely:

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

City:

Public Works Director

CITY OF HANFORD
900 S. 10
th Ave.

Hanford, CA 93230

Developer:

Forebay Farms, LLC
P.O. Box 2717
Merced, CA 95344

Implacable Properties, LLC
707 Aldridge Rd.

Vacaville, CA 95688

Presidio JJR Sterling Oaks 104, LLC and
Presidio JJR Hidden Oaks 104, LLC
601 Carlson Pkwy, Ste. 200
Minnetonka, MN 55305

Each such notice, statement, demand, consent, approval, authorization, offer, designation, request, or other communication here under shall be deemed delivered to the party to whom it is addressed:

(a) If personally served or delivered, upon delivery;

(b) If given by electronic communication, whether by telex, telegram or telecopier upon the sender’s receipt of an appropriate answerback or other written acknowledgement;

(c) If given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, seventy-two (72) hours after such notice is deposited with the United States mail; or

(d) If given by overnight courier, with courier charges prepaid, twenty-four (24) hours after delivery to said overnight courier.

SECTION 11. ATTORNEYS’ FEES.

In the event of the bringing of any action or suit by either party against the other arising out of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees.

SECTION 12. SEVERABILITY.

If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

SECTION 13. BINDING ON SUCCESSORS AND ASSIGNS.

This Agreement shall be binding upon and inure to the benefit of the heirs, successors- in- interest and assigns of the parties hereto.

SECTION 14. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties with respect to the matters provided for herein. There are no or al or written representations, understandings, undertakings, or agreements which are not expressly referred to or contained herein, and any such representations, understandings, undertakings, or agreements are superseded by this Agreement.

SECTION 15. AMENDMENTS.

This Agreement may be amended or modified only in writing signed by both parties.

SECTION 16. GOVERNING LAW.

This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

SECTION 17. USAGE OF WORDS.

As used herein, the singular of any word in cludes the plural, and terms in the masculine gender shall include the feminine.

SECTION 18. NO THIRD PARTY BENEFICIARIES.

Except as may be specifically provided herein to the contrary, no third party shall be the express or implied beneficiary of this Agreement or any of its provisions, no such third party may bring action at law or in equity with respect thereto.

SECTION 19. VENUE.

Any action at law or in equity arising under this Agreement brought by any party hereto for the purpose of enforcing, construing, or dete rmining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Kings, State of California, and the parties waive all provisions of law providing for the filing, removal, or change of venue to any other Court.

SECTION 20. APPROVAL OF AGREEMENT BY RESOLUTION.

This Agreement, pursuant to Section 53314.9 of the Act, shall only be effective if approved by Resolution adopted by the City Council.

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) SECTION 21. COUNTERPARTS.

This Agreement may be executed in one (1) or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the parties seeking enforcement thereof.
lN W[TNESS WHEREOF, the parties have executed this Deposit and Reimbursement Agreement as of the day and year written below.

Dated: , 2022 ------
Dated: {iib. hf= , 2022
Dated: , 2022
Dated: , 2022
Dated: , 2022

CITY OF HANFORD
By: --------------

DIANE SHARP
Mayor

DEVELOPER
By:

PROPERTIES, LLC
By: Blue Mountain Enterprises, LLC
Sole Member
By:

STEPHANIE MACLEAN
President/CEO
PRESIDIO JJR STERLING OAKS 104, LLC
By:

JOSEPH A. LEAL
President
PRESIDIO JJR HIDDEN OAKS 104, LLC
By:

JOSEPH A. LEAL
President
8 15.A.d
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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) EXHIBIT “A”

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) EXHIBIT “B”

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

COMMUNITY FACILITIES DISTRICT NO. 2021-01
(LIVE OAK)

LEGAL DESCRIPTION
Situate in the South One-Half of Sections 2 and 3, Township 19 South, Range 21 East, Mount Diablo Meridian, County of Kings, California, said property being more particularly described as follows:

BEGINNING at the Southeast Corner of the Southeast Quarter of said Section 3; thence

1. Along the South line of said Southeast Quarter of Section 3, North 89°18'35" West 2720.71 feet to the South Quarter Corner of said Section 3; thence

2. Along the South line of the Southwes t Quarter of said Section 3, North 89°18'55" West 969.70 feet to a point on the centerline of Lone Oak Slough; thence along said centerline the following twenty-four (24) courses;

3. North 30°38'23" East 81.36 feet;

4. North 57°05'13" East 66.18 feet;

5. North 01°50'59" West 116.47 feet;

6. North 22°59'59" East 88.39 feet;

7. North 34°40'55" East 80.00 feet;

8. North 28°38'46" East 49.38 feet;

9. Along a tangent curve, concave to the Northwest, having a radius of 300.00 feet, subtended by a chord of North 14°04'10" East 151.00 feet, through a central angle of 29°09'12", an arc distance of 152.65 feet;

10. North 13°43'10" East 152.99 feet;

11. Along a non-tangent curve, concav e to the Southeast, having a radius of 45.00 feet, to which a radial line bears North 76°16'50" West, subtended by a chord of North 50°30'12" East 53.89 feet, through a central angle of 73°34'05” an arc distance of57.78 feet;

12. North 87°17'15" East 60.55 feet;

13. Along a tangent curve, concave to the Northwest, having a radius of 58.00, subtended by a chord of North 55°00'05" East 61.96 feet, through a central angle of 64°34'20", an arc distance 65.37 feet;

14. North 22°42'55" East 53.32 feet;

15. Along a non-tangent curve, concave to the Northw est, having a radius of 600.00 feet, to which a radial line bears South 75°46'58" East, subtended by a chord of North 06°00'19" East 171.40 feet, through a central angle of 16°25'25", an arc distance of 171.99 feet;

16. North 07°55'00" West 138.36 feet;

17. North 24°39'44" East 28.38 feet;

18. North 48°12'06" East 88.43 feet;

19. North 21°36'28" East 44.10 feet;

20. North 01°34'36" East 71.25 feet;

21. North 34°11'11" West 94.29 feet;

22. North 02°10'35" East 36.08 feet;

23. North 89°19'12" West 48.55 feet;

24. North 05°20'58" East 264.07 feet;

25. North 34°25'28" East 228.70 feet;

26. North 26°52'28" East 360.05 feet;

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

27. North 09°19'58" East 66.56 feet;

28. North 04°15'32" West 360.06 feet to a point on the North line of the Southwest Quarter of said Section 3;

29. Along said North line of the S outhwest Quarter of Section 3, South 89°18'17" East 261.28 feet to the Center Quarter corner of said Section 3;

30. Along the North line of the Sout heast Quarter of said Section 3, South 89°17'59" East 2690.42 feet to the Northwest corner of the Southwest Quarter of said Section 2;

31. Along the North line of said Southwest Quarter of Section 2, South 89°07'49" East 2475.28 feet to the intersection of said North line of the Southeast Quarter of Section 2 and the Northerly extension of the East line of Parcel 1 as described in Parcel Map Waiver for Lot Line Adjustment No. 2021-03, recorded on October 22, 2021 as Document No. 2123158, Kings County Records

32. Along the East line of said Parcel 1, South 00°00' 10" West 1324.59 feet to a point on the North line of the Southeast Quarter of the Southwest Quarter of said Section 2, being also the Northeasterly corner of said Parcel 1;

33. Along said North line of the Southeast Quarter of the Southwest Quarter of Section 2, being also the North line of said Parcel 1, South 89°11'39" East 167.55 feet to the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 2, being also the Northwest corner of Parcel 1 as shown on that certain Parcel Map recorded in Book 14 of Parcel Maps, at Page 93, Kings County Records;

34. Along the North line of said Sout hwest Quarter of the Southeast Quarter of Section 2, being also the North line of said Parcel 1, South 89°11'27" East 1151.85 feet to the Northeast corner of Parcel 1 of said Parcel Map;

35. Along the East line of Parcels 1, 2 and 3 of said Parcel Map (14-PM-93) and its extension thereof, South 00°03'04" West 1323.17 feet to a point on the South line of Southeast Quarter of said Section 2;

36. Along said South line of said Southeast Quarter of Section 2, North 89°15'21" West 1151.83 feet to the South Quarter corner of said Section 2;

37. Along said South line of said Southwest Quarter of Section 2, North 89°15'21" West 1320.84 feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2;

38. Along the West line of said Southeast Quarter of the Southwest Quarter of Section 2, North 00°01'16" East 663.07 feet to the Northeast corner of corner of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 2;

39. Along the North line of said South Half of the Southwest Quarter of the Southwest Quarter of Section 2, North 89°13'54" West 1321.02 feet to a point on the West line of said Section 2;

40. Along said West line of Section 2, South 00°00'10" West 663.63 feet to the point of beginning.

Containing 367.71 acres more or less

This legal description as described is delineated on the accompanying “Plat to Accompany Legal Description” and made a part hereof for reference purposes.

____________________________________________
Nicole Cannella, P.L.S. 9099

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) EXHIBIT “C”
Services Financed by CFD Special Tax
Community Facilities District No. 2021-01 (Live Oak) (“CFD”) will finance, in whole or in part, the direct and indirect costs of the following services (“services” shall have the meaning given to that term in the Mello-Roos Communi ty Facilities Act of 1982) , including all related administrative costs and expenses, and reserves for the replacement of improvements, facilities, and equipment.

Parks
Maintenance, including servicing, repair, improvement, replacement, and removal of parks and park amenities, including, without limitation, la ndscaping, buildings, sports fields, sports courts, playground equipment, pl ay courts, play structures, picnic tables, lighting, drinking fountains, restrooms, barbeques, and other park improvements a nd amenities within the CFD’s boundaries. Maintenance also includes, without limitation, cleaning and removal of graffiti and payment of electric, water, and other utility costs.

Street Lighting
Maintenance, including, without limitation, se rvicing, repair, improvement, replacement, and removal of street light improvements, including, without limitation, poles, fixtures, conduits, equipment, guys, anchors, posts, pedestals, a nd metering devices, with in the CFD’s boundaries.

Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

Stormwater Facilities
Maintenance, including, without limitation, se rvicing, repair, improvement, replacement, and removal of stormwater drai nage facilities within the CFD’ s boundaries (includes, without limitation, field inspections, record keeping, cost of permits, and regulator y fees, environmental mitigation monitoring, reporting, vege tation management and weed abatement, and removal of silt, sediment, trash, and debris). Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

Landscaping and Other Public Improvements
Maintenance, including servic ing, repair, improvement, repl acement, and removal of parkways, landscape setbacks, landscaped areas , landscaped roadway medians, open space, publicly owned masonry walls, fences, monuments, and features, trails, walking and bicycle paths, etc. Maintenance also includes, without limitation, cleaning and removal of graffiti and payment of electric, water, and other utility costs.

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) Additional Costs and Expenses
In addition, the following costs will also be financed by the special taxes levied within the CFD and will be allocated to each improvement described above ba sed upon their pro rata share of needed administrative costs, operating reserves, and capital reserves, and actual or estimated delinquencies:

1. Administrative expenses, including, w ithout limitation, the costs incurred to determine, levy, and collect and enforce the special taxes, compensation of City of Hanford employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting special tax installments on general tax rolls, preparation of required reports, and all other costs incurred in the administration and operation of the CFD by the City of Hanford;

2. Any amounts needed for CFD operating reserves and capital reserves;

3. Amounts deposited into a sinking fund for services that could not otherwise be funded in any given fiscal year; and

4. Any amounts needed to cure actual and es timated delinquencies in special taxes for the future, current, and previous fiscal years.

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Attachment: 2022.02.23 Deposit and Reimbursement Agreement - Signed (Approval of Resolution No. 22-04-R and 22-05-R) 1 PETITION AND WAIVER

Community Facilities District No. 2022-01 (Live Oak)

Hanford City Council
319 N. Douty
Hanford, CA 93230

Honorable City Council:

This is a petition to create a community f acilities district and related matters under the Mello-Roos Community Facilities Act of 1982 (Section 53311, et seq., of the California Government Code (“Act”) and this Petition states as follows:

1. Petitioners. It is submitted by the persons identified below as or for the owners of the property identified in the attached Exhibit “A,” which is incorporated herein by reference.

Such property is expected to be included within the boundaries of a community facilities district proposed to be established by the City of Hanford (“City”). By submitting this Petition, such persons warrant to the City that they are authorized to execute it.

2. Proceedings Requested. Petitioners ask that the City Council undertake proceedings under the Act to create a community facilities district to be designed “Community Facilities District No. 2022-01 (Live Oak) (“CFD” or “District”), which will levy special taxes against land within the CFD’s boundaries.

3. Boundaries of CFD. Peti tioners request that the territory to be included in the boundaries of the CFD consist of that land shown on the map attached hereto as Exhibit “B,” which is incorporated herein by reference.

4. Purpose of CFD. Petitioners ask that the CFD be created and special taxes be levied to provide the public services described in the attached Exhibit “C,” which is incorporated herein by reference.

5. Election. Petitioners request that the speci al elections to be held under the Act to authorize the special taxes and to establish an appropriations limit for the CFD be consolidated into a single election and that the election be conducted by the City and its officials using mailed or hand-delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the City Council as the hearing on the CFD’s formation under the Act or as soon thereafter as possible.

6. Waivers and Consent. To expedite the completion of the proceedings for the CFD, the undersigned expressly waives: (i) all notice requirements relating to hearings and special elections, whether by posting, publishing, or mailing, and whether such requirements are found in the California Elections Code, the California Government Code, or other laws, including, but not limited to, the provisions of Section 4101 of the California Elections Code; (ii) any requirements to have the special elections conducted within the time periods specified in

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Attachment: 2022.02.23 Petition and Waiver - Signed (Approval of Resolution No. 22-04-R and 22-05-R) Section 53326 of the Act or in the California Elections Code; (iii) all applicable waiting periods for the election; (iv) any requirements as to the form of the ballot; (v) the requirement for analysis and arguments relating to the special elections, as set forth in Section 53327 of the Act, and hereby consent to not having such materials provided to the landowners in the ballot packet; and (vi) all notice requirements relating to the special taxes as required by chapter 8.5 (commencing with Section 54930) of Part I of Division 2 of Title 5 of the Government Code.

7. Counterparts. This Petition may be executed in separate counterparts, each of which, when so executed, shall be deemed to be an original and to constitute the one and same document.

By executing this Petition, the signatories agree and consent to the foregoing.

Dated: � If , 2022
Dated: , 2022 --------
Dated: _______ , 2022
Dated: , 2022 --------

PETITIONERS

IMPLACABLE PROPERTIES, LLC
By: Blue Mountain Enterprises, LLC
Sole Member
By: --------------STEPHANIE MACLEAN
President/CEO
PRESIDIO JJR STERLING OAKS I 04, LLC
By: --------------JOSEPH A. LEAL
President
PRESJDlO JJR HIDDEN OAKS I 04, LLC
By:
2 --------------JOSEPH A. LEAL
President

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Attachment: 2022.02.23 Petition and Waiver - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

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Attachment: 2022.02.23 Petition and Waiver - Signed (Approval of Resolution No. 22-04-R and 22-05-R) 2 Section 53326 of the Act or in the California Elections Code; (iii) all applicable waiting periods for the election; (iv) any requirements as to the form of the ballot; (v) the requirement for analysis and arguments relating to the special elections, as set forth in Section 53327 of the Act, and hereby consent to not having such materials provided to the landowners in the ballot packet; and (vi) all notice requirements relating to the special taxes as required by chapter 8.5 (commencing with Section 54930) of Part 1 of Division 2 of Title 5 of the Government Code.

7. Counterparts. This Petition may be executed in separate counterparts, each of which, when so executed, shall be deemed to be an original and to constitute the one and same document.

By executing this Petition, the signatories agree and consent to the foregoing.

Dated: _________________, 2022

Dated: _________________, 2022

Dated: _________________, 2022

Dated: _________________, 2022

PETITIONERS

FOREBAY FARMS, LLC

By: ______________________

FRED FAGUNDES

IMPLACABLE PROPERTIES, LLC

By: Blue Mountain Enterprises, LLC
Sole Member

By: _______________________________

STEPHANIE MACLEAN
President/CEO

PRESIDIO JJR STERLING OAKS 104, LLC

By: _______________________________
JOSEPH A. LEAL
President

PRESIDIO JJR HIDDEN OAKS 104, LLC

By: _______________________________
JOSEPH A. LEAL
President

DocuSign Envelope ID: 516A20DE-811C-406F-83D6-C5E3A2324493 2/11/2022

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Attachment: 2022.02.23 Petition and Waiver - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

Exhibit “A”

Description of Property

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Attachment: 2022.02.23 Petition and Waiver - Signed (Approval of Resolution No. 22-04-R and 22-05-R)

EXHIBIT “A”
COMMUNITY FACILITIES DISTRICT NO. 2021-01
(LIVE OAK)

LEGAL DESCRIPTION

Situate in the South One-Half of Sections 2 and 3, Township 19 South, Range 21 East, Mount Diablo Meridian, County of Kings, California, said property being more particularly described as follows:

BEGINNING at the Southeast Corner of the Southeast Quarter of said Section 3; thence

1. Along the South line of said Southeast Quarter of Section 3, North 89°18'35" West 2720.71 feet to the South Quarter Corner of said Section 3; thence

2. Along the South line of the Sout hwest Quarter of said Section 3, North 89°18'55" West 969.70 feet to a point on the centerline of Lone Oak Slough; thence along said centerline the following twenty-four (24) courses;

3. North 30°38'23" East 81.36 feet;

4. North 57°05'13" East 66.18 feet;

5. North 01°50'59" West 116.47 feet;

6. North 22°59'59" East 88.39 feet;

7. North 34°40'55" East 80.00 feet;

8. North 28°38'46" East 49.38 feet;

9. Along a tangent curve, concave to the Northwest, having a radius of 300.00 feet, subtended by a chord of North 14°04'10" East 151.00 feet, through a central angle of 29°09'12", an arc distance of 152.65 feet;

10. North 13°43'10" East 152.99 feet;

11. Along a non-tangent curv e, concave to the Southeast, having a radius of 45.00 feet, to which a radial line bears North 76°16'50" West, subtended by a chord of North 50°30'12" East 53.89 feet, through a central angle of 73°34'05” an arc distance of 57.78 feet;

12. North 87°17'15" East 60.55 feet;

13. Along a tangent curve, concave to the Northwest, having a radius of 58.00, subtended by a chord of North 55°00'05" East 61.96 feet, through a central angle of 64°34'20", an arc distance 65.37 feet;

14. North 22°42'55" East 53.32 feet;

15. Along a non-tangent cu rve, concave to the Northwest, having a radius of 600.00 feet, to which a radial line bears South 75°46'58" East, subtended by a chord of North 06°00'19" East 171.40 feet, through a central angle of 16°25'25", an arc distance of 171.99 feet;

16. North 07°55'00" West 138.36 feet;

17. North 24°39'44" East 28.38 feet;

18. North 48°12'06" East 88.43 feet;

19. North 21°36'28" East 44.10 feet;

20. North 01°34'36" East 71.25 feet;

21. North 34°11'11" West 94.29 feet;

22. North 02°10'35" East 36.08 feet;

23. North 89°19'12" West 48.55 feet;

24. North 05°20'58" East 264.07 feet;

25. North 34°25'28" East 228.70 feet;

26. North 26°52'28" East 360.05 feet;

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27. North 09°19'58" East 66.56 feet;

28. North 04°15'32" West 360.06 feet to a point on the North line of the Southwest Quarter of said Section 3;

29. Along said North line of the S outhwest Quarter of Section 3, South 89°18'17" East 261.28 feet to the Center Quarter corner of said Section 3;

30. Along the North line of the Sout heast Quarter of said Section 3, South 89°17'59" East 2690.42 feet to the Northwest corner of the Southwest Quarter of said Section 2;

31. Along the North line of said Southwest Quarter of Section 2, South 89°07'49" East 2475.28 feet to the intersection of said North line of the Southeast Quarter of Section 2 and the Northerly extension of the East line of Parcel 1 as described in Parcel Map Waiver for Lot Line Adjustment No. 2021-03, recorded on October 22, 2021 as Document No. 2123158, Kings County Records

32. Along the East line of said Parcel 1, South 00°00' 10" West 1324.59 feet to a point on the North line of the Southeast Quarter of the Southwest Quarter of said Section 2, being also the Northeasterly corner of said Parcel 1;

33. Along said North line of the Southeast Quarter of the Southwest Quarter of Section 2, being also the North line of said Parcel 1, South 89°11'39" East 167.55 feet to the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 2, being also the Northwest corner of Parcel 1 as shown on that certain Parcel Map recorded in Book 14 of Parcel Maps, at Page 93, Kings County Records;

34. Along the North line of said Sout hwest Quarter of the Southeast Quarter of Section 2, being also the North line of said Parcel 1, South 89°11'27" East 1151.85 feet to the Northeast corner of Parcel 1 of said Parcel Map;

35. Along the East line of Parcels 1, 2 and 3 of said Parcel Map (14-PM-93) and its extension thereof, South 00°03'04" West 1323.17 feet to a point on the South line of Southeast Quarter of said Section 2;

36. Along said South line of said Southeast Quarter of Section 2, North 89°15'21" West 1151.83 feet to the South Quarter corner of said Section 2;

37. Along said South line of said Southwest Quarter of Section 2, North 89°15'21" West 1320.84 feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2;

38. Along the West line of said Southeast Quarter of the Southwest Quarter of Section 2, North 00°01'16" East 663.07 feet to the Northeast corner of corner of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 2;

39. Along the North line of said South Half of the Southwest Quarter of the Southwest Quarter of Section 2, North 89°13'54" West 1321.02 feet to a point on the West line of said Section 2;

40. Along said West line of Section 2, South 00°00'10" West 663.63 feet to the point of beginning.

Containing 367.71 acres more or less

This legal description as described is delineated on the accompanying “Plat to Accompany Legal Description” and made a part hereof for reference purposes.

____________________________________________
Nicole Cannella, P.L.S. 9099

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Exhibit “B”

CFD Map

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Exhibit “C”

CFD Services

The maintenance obligations to be financed, in whole or in part, by the CFD shall consist of the following things:

x Park maintenance, including servicing, repair, improvement, replacement, and removal of parks and park amenities, including, withou t limitation, landscaping, buildings, sports fields, sports courts, playground equipment, pl ay courts, play structures, picnic tables, lighting, drinking fountains, restrooms, a nd barbeques within the CFD’s boundaries.

Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

x Street Light maintenance, including serv icing, repair, improve ment, replacement and removal of street light improvements, including, without limitation, poles, fixtures, conduits, equipment, guys, anchors, posts, pe destals, and metering devices, within the CFD’s boundaries. Maintenance also incl udes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

x Stormwater facilities maintenance, including, without limitation, serv icing, repair, improvement, replacement, and removal of stormwater basin facilities within the CFD’s boundaries (includes field inspections, record keeping, cost of permits, and regulatory fees, environmental mitigation monitoring, repor ting, vegetation mana gement and weed abatement, and removal of silt, sediment, tr ash, and debris). Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

x Landscape maintenance, including servici ng, repair, improvement, replacement, and removal of parkways, landscape setbacks, la ndscaped roadway medians, open space, publicly owned masonry walls, fences, monuments, and features, trails, bicycle paths, etc.

Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

x In addition, the following costs will also be financed by the special taxes levied within the CFD and will be allocated to each improvement described above based upon their pro rata share of needed administrative costs, operating reserves, and capital reserves, and actual or estimated delinquencies:

1. Administrative expenses, including the co sts incurred to determine, levy, and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting spec ial tax installments on general tax rolls, preparation of required reports, and other costs incurred in the administration of the CFD by the City;

2. Any amounts needed for operating reserves and capital reserves; and

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3. Any amounts needed to cure actual and estimated delinquencies in special taxes for the future, current, and previous fiscal years.

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AGENDA

STAFF REPORT

MEETING DATE: 3/1/2022

AGENDA SECTION:

SUBJECT:

Council Future Agenda Items

FISCAL IMPACT:

ATTACHMENTS:

Council Future Agenda Items
Packet Pg. 143

Council Future Agenda Items
Originated
Date Item Originator Staff Lead Date Estimate
4/7/20 Discussion of Pay for Parking Options
in the Downtown Area
Council
Consensus John Doyel After presentation of
Downtown Plan

6/18/20
Discussion of Courthouse
improvements and financing options
Council
Consensus

Brad Albert
Delayed pending
additional building
review

12/21/21
Review of City Ordinance related to
property line setbacks for Patio
structures and Driveway Awnings
Council
Consensus

Mary Beatie

4/5/2022

1/18/22
Discussion of options for New
Business Incentives in the Downtown
District
Council
Consensus

Mario
Cifuentez

4/20/2022

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