Hanford City Council
April 5, 2022

April 5, 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:

A. Recognition of Employees of the Year and Service Award Recipients B. Presentation t o City Council related to CalPERS Unfunded Accrued Liability (UAL) Restructuring Project and 2022 Pension Obligation Bonds C. Approval of an additional Appropriation of $678,000 to the 2021 -22 Fiscal Year Budget and the addition of four (4) allocated positions to the position control budget and salary schedule D. Review and discussion of recommended amendments to the City's Community Development Block Grant (CDBG) 2022-2023 Annual Action Plan and Budget

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/

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING :

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

Darlene Mata v. City of Hanford, Art Brieno, Francisco Ramirez Kings County Case No. 22C0077
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC 54956.9 (d)(2)):

1. Threatened litigation regarding zoning and land use matter.

2. Arthur Brieno Claim
C. PUBLIC EMPLOYEE EVALUATION (GC 54957 (b)(1)):

Title: City Attorney
CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Frank Carbajal Jr.

FLAG SALUTE:

CLOSED SESSION ACTION REPORT :

COUNCIL REPORTS/COMMENTS :

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 any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony 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 September 21, 2021 Meeting C. City Clerk: Approval of the Minutes of the October 5, 2021 Meeting D. Public Works: Approval of Final Map and Subdivi sion Agreement f or Tract 865, Unit 2, Live Oak East Unit 2
E. Public Works: Notice of Completion for Tract 922, Unit 1 F. Police: Authorization to accept an Agreement between the County of Kings and the City of Hanford to provide a sub -award from the FY 2 021 State Homela nd Security Grant Programs Funding for the purchase of software and equipment to improve community safety G. Police: Authorization to accept an Agreement between the County of Kings and the City of Hanford to provide a sub -award from the FY 2019 State Home land Security Grant Programs Funding for the purchase of CERT (Citizens emergency Response Team) equipment.

H. Finance: Authorization to enroll in the Low Income Household Water Assistance Program (LIHWAP) and Authorization for the City Ma nager to execute the agreement with The California Department of Community Services and Horne LLP 8:00 PM PUBLIC HEARINGS:

A. Clerk: Conduct the fourth and Final Public Hearing of the City's Redistricting Process; Review the final Draft of Maps as previou sly requested by Council; Receive input from the community regarding the redrawing of City Council District Boundaries; and Adoption of Resolution No. 22- 14-R adjusting the boundaries of the City Council election districts as detailed in the selected map B. City Attorney: Approval of Resolution Nos. 22-11-R, 22-12-R, and 22-13-R, and Introduction of Ordinance No. 22-04 related to the creation of the Community Facilities District for the Live Oak Development
C. Community Development: Adoption of Resolution 22-15-R setting April 19, 2022, as the date for a public hearing on Roadway Abandonment No. 2021-01, a request by CM Construction Services to abandon approximately 7,994 square feet of right -of-way, an alley ("China Alley”, portion) to allow a parking lot and landscaping for the future Kings Area Regional Transit (KART) facility.

D. Community Development: Adoption of Resolution 22-16-R setting April 19, 2022, as the date for a public hearing on Roadway Abandonment No. 2022 -01, the City of Hanford to abandon approximately 2, 252 square feet of right -of-way, an alley ("Civic Center”, portion) to allow a secured parking lot and storage for police vehicles.

E. Public hearing to consider the issuance of bonds by the California Statewide Communities Development Authority in support of the Northstar Apartments project (TEFRA Hearing). (Several members of the public and the project applicant have requested a continuation of the hearing until April 19, 2022.)
GENERAL BUSINESS:

A. Community Development: Acceptance of the mandated General Plan Annual Progress Report for Calendar Year 2021 and authorization for the submittal to the Governor’s Office of Planning and Research
B. City Clerk: Denial of a claim for dam ages and authorization for the City Clerk to send out notification of such to Arthur Brieno
COUNCIL FUTURE AGENDA ITEMS:

At this time, any Council Member, subject to Council Policies and Procedures, may request staff to report back to the Council at a subs equent meeting concerning any matter or take action to direc t staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2) A. Council Future Agenda Items
Upcoming Events and Important Dates:

April 6: City Employee Appreciation Luncheon 11:00 am – 2:00 pm in Civic Park April 15: City of Hanford Egg Hunt 10:00 am-11:30 am in Civic Park April 19: Regular City Council Meeting
April 23: Autism Awareness 5K Run/Walk 10:00 am in Civic Park www.runsignup.com 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: 4/5/2022

AGENDA SECTION: B

SUBJECT:

Presentation to City Council related to CalPERS Unfunded Accrued Liability (UAL) Restructuring Project and 2022 Pension Obligation Bonds

RECOMMENDATION:

Receive a presentation from the City’s Municipal Advisor, NHA Advisors, relating to the CalPERS UAL Restructuring Project that began in the Fall of 2021. Staff is asking Council to provide guidance to staff to continue pursuing the UAL restructuring, which would include providing the City Manager with the authority to enter into a term sheet with a bank if a proposal that provides a low interest rate and acceptable terms can be secured. Alternatively, given the updated information, sho uld Council no longer support a proposed restructuring of the UAL, staff would ask for Council direction to stop the process.

BACKGROUND:

Over the last 7 years, the City’s unfunded accrued liability (“UAL”) for its CalPERS Miscellaneous and Safety Plans h as grown 42%, from $36 million to about $51 million (6/30/2022 projected valuation). This UAL represents the shortfall/gap between what is needed to pay retiree benefits versus how much in current assets the City actually has in its accounts with CalPERS. Annual payments made to amortize the existing CalPERS UAL have grown rapidly from about $2.5 million in FY 2015 to $4.8 million in FY 2022 and are projected to grow to over $5.3 million by FY 2031.

The City’s $51 million UAL is not required to be repaid all at once but is amortized over a longer period (with different components amortized over different time periods, most between 2 and 28 years) at a discount rate (equivalent to an interest rate on bonded debt) of 6.8% (recently decreased by CalPERS from 7.0%). The discount rate is set by CalPERS and is completely outside the control of the City and other local agencies in the state. It is expected that the City’s UAL may drop to about $32 million next year due to CalPERS’ 21.3% investment returns from FY 2021, though the City’s UAL could increase again if CalPERS underperforms in FY 2022, which is possible given the recent stock market volatility. For example, the City’s UAL would

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grow to approximately $45 million if CalPERS earned 0% in FY 2022. Project ed payments assuming both a $32 million UAL and a $45 million UAL are shown in the two lines in the chart below.

Pension cost increases and payment volatility are key financial challenges facing most cities and other local agencies throughout the state and are primarily due to factors outside of their control.

CalPERS’ actuarial assumption changes and investment returns that do not meet CALPERS’ assumed investment return / discount rate are the most impactful factors that can affect the City’s payments in the future.

The City is considering issuing pension obligation bonds (POBs) to pay off all or a portion of its UAL to achieve several objectives:
· Fiscal Sustainability Tool: Ability to “re -shape” the City’s overall pension repayment in a way that creat es enhanced long -term fiscal sustainability, budgetary predictability, and enhanced resiliency to future economic shocks or CalPERS reinvestment underperformance. · Near-Term Budgetary Savings: By modifying the current near term “peak” in scheduled payments into a more predictable (i.e., level or nearly level) structure, near term cash flow savings are created and could be used to address other City priorities (capital projects, building reserves, etc.).
· Interest Rate Savings “Arbitrage”: City can borrow at lower rates (currently ≈ 4.50% depending on term and credit) than those CalPERS is charging on the UAL debt (6.80%). · Increase Funding Ratio: Current City funding ratios range from about 73% (Safety) to 77% (Miscellaneous); these could be increased to between 90% and 100% through the

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restructuring.
· Modify Maturity: Shorten or lengthen repayment period as deemed most fiscally appropriate.
· Leverage Savings through Improved Policies: The City could consider developing a policy that includes leveraging the savings created through the restructuring to fund other priorities, potentially including capital projects, reserves and/or a dedicated trust for future pension and/or OPEB costs.

Since 2020, more than 85 agencies throughout California have refinanced their UAL to restructure the payment pattern and increase the funding level of their pension plans. Many others are scheduled to issue UAL restructuring bonds in the next few months.

In the Fall of 2021, City staff and NHA Advisors made presentations to City Council on various strategies to better manage rising pension costs. A validation process was initiated in December of 2021, and it is set to conclude April 6, 2022, meaning that the City will legally be able to issue a Pension Obligation Bond to restructure all or a portion of its UAL if it decides to do so.

UPDATED RESTRUCTURING ANALYIS AND OPTIONS:

While interest rates have risen since the Fall of 2021, projected interest rates for a UAL restructuring are still below the 6.80% interest rate that CalPERS is charging the City on its UAL Debt. While there is no final recommended size and term at this juncture, NHA and staff have analyzed two different sizes ($22 million and $31 million) and three terms (15, 17, and 19 year).

The results can be seen in the graphic and table below.

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As shown, present value (PV) estimated savings ranges from about $1.9 million to $2.9 million depending on the option. The restructuring would provide significant cash flow relief in the first ten years given the City’s c urrent front-loaded debt shape. These near -term savings from 2023 - 2032 range from $4.9 million to $9.2 million depending on the option.

Reinvestment Risk: Ultimately, actual savings from the restructuring will be dependent on two factors: (1) actual interest rates at the time of pricing and (2) future CalPERS returns, which is an unknown at the time of bond issuance. Assessing and mitigating reinvestment risk has been a key objective as the City and its team evaluate and optimize the final bond structure. Some preliminary stress testing analysis is provided in the attached presentation, and it is recommended that the final structure executed provides enhanced resiliency to absorb any future UAL that might get added by CalPERS due to investment underperformance.

New Reserve Funding Policy: Staff is currently drafting a new reserve funding policy that will consider leveraging the savings created through the POBs to bolster reserves. Creating prudent financial policies to ensure that future pension and OPEB l iabilities continue to be addressed is critical to ensure long term financial sustainability and will also assist during the credit rating process, as it demonstrates strong financial planning and policy -driven decision -making. Staff anticipates that this policy would be adopted in May 2022, at the time the UAL Restructuring documentation is scheduled to be formally approved.

RECOMMENDED NEXT STEPS:

Given that the validation process is nearing its end, as well as the current volatility in the markets, NHA Advisors and staff believe, if the City Council decides to proceed with a POB issuance, that it is imperative to hire a broker -dealer that can help assess the viability of both a private placement and a public offering for the proposed UAL restructuring b ond. The private placement option with a bank would likely be evaluated immediately through a formal RFP process. If this option proves viable and at a lower interest rate than the public offering market, it

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would allow the City to lock in a rate about 1.5 months earlier than that of a public offering process, be less costly, have more flexible prepayments terms, and require less staff time and ongoing disclosure. Initiating the RFP process with banks does not lock the City into executing a restructuring, but it will provide more clarity around what type of interest rates are potentially viable for the City’s transaction. The RFP process will also allow the financing team to better understand what size and term will secure the most demand from banks. This i nformation can then be used to optimize the structure to meet the City’s objectives. Moving through this process would come at no cost to the City, and if this option did not prove viable, a public offering method of sale (like previously contemplated) wou ld be pursued if the City’s objectives could still be met.

CONCLUSION:

Staff recommends that the City Council provide guidance to allow staff and the financing team to continue towards a path to executing the UAL Restructuring. This would include hiring an experienced broker -dealer firm, pursuing a bank RFP process, and coming back to the City Council within a few weeks to present refined options and potential interest rates. Providing authority for the City Manager to enter into a term sheet (to lock an interest rate and terms) is also recommended. Actual approval by City Council of documentation would not be expected to occur until May of 2022, with a potential closing (pay off UAL with CalPERS) occurring in June of 2022.

FISCAL IMPACT:

All financing costs are contingent upon a successful closing and would be paid out of bond proceeds. Cash flow (and net present value) savings would be expected over the next decade if a UAL restructuring that meets the objectives of City Council is ultimately executed.

ATTACHMENTS:

Hanford CalPERS UAL Restructuring - April 5 Workshop

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CITY OF HANFORD
2022 CALPERS UAL RESTRUCTURING PROJECT – FOLLOW UP WORKSHOP APRIL 5, 2022

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 2 Background – CalPERS Overview
 City’s CalPERS projected Unfunded Accrued Liability (UAL) is currently $50.9 million
 UAL payments have increased: $2.5 million (2015) to $4.8 million (2022)  UAL payments projected to rise further: $5.3 million (2031)  CalPERS FY 2020-21 returns of 21.3% and key assumption changes will dramatically change the “shape” of City’s UAL repayment schedule  UAL balance expected to drop to $31.6 million
 Could increase again if CalPERS underperforms in FY 2022

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 3 Background – 2022 UAL Restructuring Process
 Summer/Fall 2021
 Staff began conversations with NHA (Municipal Advisor) related to cost management strategies for CalPERS UAL
 October 2021
 City Council workshop on CalPERS trends and cost management strategies  November 2021
 2nd workshop; focus on UAL Restructuring and receive City Council approval to begin court validation process  December 2021 – March 2022
 Court validation process; end of appeal period scheduled April 2022  NHA and staff continue to refine UAL restructuring options and risk assessment  April 2022 – June 2022
 Evaluate all restructuring options (bank loan vs publicly issued bond) and finalize size and term  Lock interest rate and pay off portion of UAL with CalPERS if desired

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 4 Background – Current UAL Payment Schedule ($50.9M UAL)  City’s UAL has
increased 42%
($35.8M → $50.9M)
over the last 7 years
 Escalating and
uneven UAL & debt
repayment shape
 UAL payments front-
loaded over the next
15 years
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Millions
Historical UAL Payments Current UAL Payments

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 5 Background – Projected UAL Payments
 The City’s UAL is projected to
decrease from $50.9M to $31.6M
 UAL change reflects:
 FY 2021 returns of 21.3%
 Discount rate reduction to 6.8%
 Assumes longer-term bases (i.e.
layers) of the UAL will be
eliminated first
 UAL will increase back to $44.8M
if CalPERS earns 0% for FY 2022
 Potential repayment shape shown
in dotted orange line
 Normal Cost payments will also
increase when discount rate is
lowered
 Payment will jump from $3.3M to
$3.7M starting in FY 2023-24
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Millions
Current UAL Payments
Projected UAL Payments (6.80% Discount Rate)
Projected UAL Payments (6.80% Discount Rate, 0% FY 2022 Returns)

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 6 Market Update – Recent UAL Restructurings
 85+ agencies ($7.5B+) have
issued UAL Restructuring
bonds since 2020
 ≈75% as POBs; remainder as
LRBs
 2020 → Most deals between

3.50% and 4.25%
 2021 → Most deals between

2.50% and 3.50%
 2022 → Uptick in rates due to
inflationary concerns
 1/12 La Habra (AA+): 3.04% rate
 1/19 Lakeside Fire (AA-): 3.35%
 Current: Est. POB rates between

4.00% and 4.75%
Lakeside FPD La Habra Sierra County Maywood Poway San Ramon Paramount National City Oroville Bellflower Montclair (2022) (2022) (2022) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) $27,855,000 $72,385,000 $18,990,000 $18,550,000 $43,825,000 $23,345,000 $17,365,000 $83,395,000 $19,225,000 $13,030,000 $62,190,000 AA- AA+ AA- AA (Ins.) AAA AAA AA- AA- AA- AA- AA-
Lakeport Corona Stanislaus
CFPD San Anselmo Santa Ana Commerce Buena Park Sanger San Fernando* Whittier Redondo
Beach
(2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) $7,920,000 $276,710,000 $11,636,000 $9,285,000 $425,830,000 $27,875,000 $96,385,000 $19,450,000 $31,780,000 $133,895,000 $226,180,000 AA AA+ AA- AAA AA AA- AA+ A+ AA (Ins.) AA (Ins.) AA
Red Bluff Auburn El Segundo Willows Corte
Madera
Manhattan
Beach
Huntington
Beach* Orange Chula Vista Downey Monterey
Park*
(2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) (2021) $18,540,000 $17,165,000 $144,135,000 $8,510,000 $18,955,000 $91,275,000 $363,645,000 $286,485,000 $350,025,000 $113,580,000 $106,335,000 A+ AA+ AA+ A+ AAA AAA AA+ AA AA AA AA
* Secured by pension tax override

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 7 1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

7.00%

8.00%

9.00%
Mar-92 Mar-97 Mar-02 Mar-07 Mar-12 Mar-17 Mar-22
Interest Rates (30Y UST)
Recent Volatility Due to Fed Action and Russia/Ukraine War

0.80%

1.10%

1.40%

1.70%

2.00%

2.30%

2.60%

2.90%
30-Year UST (March 2021 - Present)

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 8 4.03%

3.69% 3.72%

3.44%

3.25%

2.84%

2.64%

2.54%

2.75%

2.92%

2.74%

2.97%

2.63%

2.56%

2.89% 2.82%

2.64%

2.84% 2.91%

3.15% 3.06%

2.92%

3.07% 2.90%

3.04%

3.35%
0 50
100
150
200
250
300

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%
Montebello
Riverside (City)
West Covina
Torrance
Gardena
El Cajon
Monterey Park
Chula Vista
Orange
Hungtington Beach
Manhattan Beach
Corte Madera
CMPA
El Segundo
Auburn
Redondo Beach
Covina
San Fernando
Sanger
Stanislaus CFPD
Lakeport
Montclair
National City
Poway
La Habra
Lakeside FPD
May
2020
June
2020
July
2020
Oct.
2020
Nov.
2020
Jan.
2021
Feb.
2021
Feb.
2021
Mar.
2021
Mar.
2021
Apr.
2021
Apr.
2021
May
2021
May
2021
May
2021
July
2021
July
2021
Aug.
2021
Aug.
2021
Sep.
2021
Oct.
2021
Oct.
2021
Nov.
2021
Dec.
2021
Jan.
2022
Jan.
2022
$150M $430M $200M $350M $101M $147M $106M $350M $286M $364M $91M $19M $27M $144M $17M $226M $63M $32M $19M $12M $8M $62M $84M $44M $72M $28M A+
(AA
Ins.)
AA A+ AA AA- AA AA AA
(AA
Ins.)
AA
(AA
Ins.)
AA+ AAA AAA AAA AA+ AA+ AA AA AA (A+
Ins.)
A+ AA- AA AA- AA- AAA AA+ AA-
POB POB Lease Lease POB POB POB POB POB POB POB POB POB POB POB LRB POB POB POB POB POB POB POB POB POB POB Spread to 30-Yr. Treasuries
All-in TIC
POB Rates: Recent Upticks in Rates and Spreads
Note: Spreads and interest rates should be considered
best estimates. Rates reflect estimated TIC or all-in TIC.

Significant Credit Spread Tightening
due to Demand > Supply Recent upticks in
TSY rates & spreads
Est. Current Market

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 9 Preliminary UAL Restructuring Options
Assumptions
 Two Size Options for All 3 Options:
 $31 Million
 $22 Million
 Shorten term from current CalPERS final maturity of 2046  Bonds are “callable” (ability to use cash or refinance the POBs early if desired) OPTION 1
15 Year – Level
Payments
OPTION 2
17 Year – Level
Payments
OPTION 3
19 Year – Level
Payments

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 10 Preliminary UAL Restructuring Options: Graphically Depicted Note: Figures shown are preliminary estimates for illustration. Assumes CalPERS earns 6.8% investment earnings. Lines may represent combined debt service + unrefunded UAL payments. $-
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5
$5.0
$5.5
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
Millions
Projected UAL Payments (6.80% Discount Rate) 15-Year POB ($22M Payoff) 15-Year POB ($31M Payoff) 17-Year POB ($22M Payoff) 17-Year POB ($31M Payoff) 19-Year POB ($22M Payoff) 19-Year POB ($31M Payoff)

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 11 Preliminary UAL Restructuring Options: Numerical Results*  PV savings ranges from $1.9M to $2.9M*
 Savings through peak period (next 10 years) estimated at $4.9M - $9.2M* * Note: Preliminary estimates shown reflect estimated changes from FY 2021 CalPERS returns and 6.80% discount rate reduction. Assumes CalPERS earns 6.80% investment earnings.

Metrics
15-Year POB
($22M Payoff)
15-Year POB
($31M Payoff)
17-Year POB
($22M Payoff)
17-Year POB
($31M Payoff)
19-Year POB
($22M Payoff)
19-Year POB
($31M Payoff)
UAL Funded ($) $22,119,017 $31,183,888 $22,119,017 $31,183,888 $22,119,017 $31,183,888 % UAL Funded (Current Asset Valuations) 43% 61% 43% 61% 43% 61% Funded Ratio (Current Asset Valuations) 86% 90% 86% 90% 86% 90% % UAL Funded (Projected After FY 2021 Returns & 6.8% Discount Rate) 70% 100% 70% 100% 70% 100% Funded Ratio (Projected After FY 2021 Returns & 6.8% Discount Rate) 96% 100% 96% 100% 96% 100% Maturity 15 Years 15 Years 17 Years 17 Years 19 Years 19 Years Average Life 10.3 Years 8.8 Years 11.8 Years 10.0 Years 13.4 Years 11.3 Years All-In Interest Rate 4.67% 4.60% 4.75% 4.68% 4.83% 4.75% PV Savings (%) 9.75% 9.32% 9.14% 8.79% 8.58% 8.29%
PV Savings ($) $2,157,501 $2,907,807 $2,021,993 $2,739,779 $1,898,185 $2,585,395 Cumulative Savings $243,736 $1,541,042 ($1,563,600) ($491,910) ($3,405,602) ($2,622,986) Savings (2023-2032) $4,871,683 $5,270,884 $6,923,573 $7,502,062 $8,457,617 $9,213,011 Average Annual Savings (2023-2032) $487,168 $527,088 $692,357 $750,206 $845,762 $921,301

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 12 UAL Restructuring Pros & Cons Summarized
Primary Benefits
• Fiscal Sustainability Tool: “Re-shape”
to “smoother” payments
• Near-Term Budgetary Savings
• Interest Rate Savings “Arbitrage”:

Borrow at lower rates (currently ≈

4.50%) vs. CalPERS (currently 6.80%)
• Increase Funding Ratio
• Flexibility to Modify Maturity
Primary Risks
• Reinvestment Risk: Savings
dependent on future CalPERS returns
(unknown at issuance) through term
of bond - Primary concern of GFOA
• Present value savings occur if PERS
earns greater returns than pension
bond interest rate
• Market-Timing Risk: Near-term
losses exacerbate the reinvestment
risk given large lump sum deposit
into the market
These risks should be
quantified through a
stress testing process
to better understand
the impacts of potential
poor investment
performance by
CalPERS
What if CalPERS only
earns 4%?
What if there is another
2008-like recession?

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 13 Risk Assessment/Stress Testing: Preliminary (Non-Actuarial) 17-Year POB ($31M Payoff)
Annual Underperformance
 Bar chart shows PV savings
generated from POB assuming
various CalPERS returns (2% up to
9%)
Market Timing Risk
 Table below shows PV savings if
CalPERS loses significant amount
in 1st year after POB
($3.34)
($2.34)
($1.08)
$0.48
$2.42
$4.78
$7.64
$11.10
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
($6.0)
($4.0)
($2.0)
$0.0
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0

2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%
PV Savings (% of Par)
PV Savings ($) Millions
CalPERS Returns
PV Savings ($) PV Savings (% of Par)

8.4% - CalPERS 30-
Year Average Return

6.9% - CalPERS 20-
Year Average Return
Market Crash Scenarios
Actual CalPERS
Returns
Actual PV
Savings ($)
Actual PV Savings
(% of Par)
-10.0% (524,787) -1.7%
-15.0% (1,951,651) -6.2%
-20.0% (3,378,516) -10.8%
-25.0% (4,805,380) -15.3%

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 14 Preliminary UAL Restructuring Options: Takeaways
 Size: Larger options provided more expected savings; however smaller option still provides significant savings and cash flow smoothing benefit  Smaller option may be more attractive to banks (if private placement method of sale utilized)
 Tradeoffs between shorter and longer maturities
 Shorter: More cumulative savings, but less over next 15 years and less resiliency to handle future economic shocks, including CalPERS’ investment underperformance
 Longer: Less Cumulative savings, but more in the next 15 years and increased long-term resiliency

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 15  Integrated into a comprehensive reserve policy
 Provides direction and prioritization to use surplus
funds for “filling up” City reserves and other
important accounts
 Detailed projections that account for positive
POB cash flow benefits under different CalPERS
performance assumptions is a good planning tool
 Also, a “credit positive” by rating agencies
 Beyond economic contingency reserves,
surpluses may also be targeted towards funding
Section 115 Trusts for additional future
smoothing, if needed, of pension or OPEB costs
 Finally, funding an early redemption account of
POBs, as well as other priority capital project
funds may be considered
General Fund Operating
Reserves (15% General
Fund Expenses)
Pension Reserve Fund
(Up to 15% General
Fund Expenses)
Economic Contingency
& Catastrophic Event
Reserves
75% 25%Surplus
Surplus
Surplus Funds
CIP Fund Reserve POB Bond Call
ReserveSurplus
50% 50%
Recommendation: Adopt a Pension Funding Policy
Note: Policy Graphic is provided for illustrative purposes only. Each agency should consider its unique needs and constraints for its own Pension Funding Policy..

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation 16 Conclusion and Next Steps
 Interest rates have risen dramatically since 2021
 A UAL Restructuring still provides significant benefits related to cash flow savings and budget predictability/smoothing
 Given the current volatility in the market, it is recommended that a broker-dealer be hired so that all options can be fleshed out ASAP
 Options may include a direct placement with a bank instead of a public offering to investors given that a lower interest rate may be able to be obtained  Many size and term options can be provided in the Lender RFP to banks to better ascertain whether this option is viable, and if so, what size and term is most attractive to the banks  City would return to City Council for document approval in May and potential results of bank bid process (if one is carried out)
 CalPERS UAL would be paid off by mid-June to effectuate savings starting in FY 2023

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Attachment: Hanford CalPERS UAL Restructuring - April 5 Workshop (Presentation

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: C

SUBJECT:

Approval of an additional Appropriation of $678,000 to the 2021-22 Fiscal Year Budget and the addition of four (4) allocated positions to the position control budget and salary schedule

RECOMMENDATION:

Staff recommends City Council, by motion, adopt amendments to the 2021-22 Fiscal Year Budgets to provide $678,000 of additional appropriation in the General Fund and Internal Service (Other) Funds for the execution of City business. Additionally, add four (4) positions as shown in this report to the position control budget and salary schedule.

INTRODUCTION:

Having a mid-year budget review promotes financial stability. Consideration of the current economic climate as well as alignment with Council’s goals and objectives are important aspects of the review process. Staff recommends City Council consider the proposed amendments to the General Fund (GF) in which its primary purpose is to support core administrative, public safety and essential services of the City. Throughout the year, Council is able and has amended the budget this fiscal year on many occasions for projects and services.

A biennial budget was adopted by City Council June 2021. The following proposed adjustments with consideration of anticipated revenues will achieve a more accurate budget for the current fiscal year and result in greater budget transparency. This amendment will assist in the review and potential amendment of the adopted fiscal year 2023 budget.

REVIEW OF GENERAL FUND REVENUES:

Overall actual GF revenues are anticipated to increase 11% as compared to budget, representing an approximate 4% increase to the prior year. The City’s highest contributors of revenue are sales tax, property tax- in lieu of vehicle license fee and current year secured property taxes.

Chart 1 shows the trend of top three revenue sources for the GF from FY 2019 to 2022.

Chart 1: Top 3 Revenue Sources for the General Fund

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REVIEW OF GENERAL FUND OPERATIONAL BUDGETS:

In January 2022, a request was sent to departments to review their FY22 budgets to verify if any additional appropriation budget requests were necessary to cover operational costs. Finance also performed a second review in March 2022 to address any expenditure items that were not identified by the department and/or were overbudget or anticipated to be overbudget. Additional appropriations have not been requested if the overall budget was anticipated to be net positive or if the expense item was directly linked to a fee where the revenue exceeded the expense. A total of $513,000 in additional appropriations for the GF and $165,000 for other funds for a total of $678,000 are requested at this time (Attachment ‘A’). Anticipated overall expenses (not including cost allocations) are approximately 2% higher than the original adopted budget on June 29, 2021. It should be noted that non-GF budgets and labor costs were not substantially reviewed for this update, however, there have been several project related appropriation changes throughout the year approved by Council (see Attachment ‘A’).

Position Control Budget Amendments and Salary Schedule Additions In line with City Council's goals for improving customer service are appropriation requests for four new positions requested to be added to the City’s position control budget and salary schedule. The recommended salary ranges are maximum contingent upon City Manager and Human Resources Manager final confirmation or future Council action.

A. Two Office Systems Analysts (Information Technology Division) to provide essential support for Information Technology in the City including the Finance/Payroll, Human Resources, Land Use, Geographic Information Systems, Parks and Public Safety systems at annual salary and benefits costs of $121,000. These additional positions were highly recommended by the City’s project consultant SDI Presence LLC and presented to Council in March 2022 in order to sustain and progress on the City’s systems that are critical for supporting and improving customer service. Council has directed staff to seek more technology in order to improve efficiencies and customer service and these positions are necessary to accomplish that Council adopted goal.

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B. A Community Relations Manager for the Administration Department at an annual salary and benefits cost of $124,000 to provide enhanced communication and outreach, cannabis permit administration and administrative support to the City of Hanford citizens.

C. Council approved position of Deputy City Manager is requested to be added into the City’s Salary Schedule however it will have zero fiscal impact on the current year budget due to current vacancies. This position is estimated to have a salary and benefits costs of $215,000 and will be responsible for oversight of Community Development and Administrative functions to direct and support City operations. The cost of this position will be offset in future budgets through restructuring of allocated positions.

Chart 2: Positions to add to Position Control Budget and Salary Schedule

These positions align with City Council goals as discussed in Council’s Strategic Planning Retreat on March 29, 2022 and are considered high priority for the City to sustain (and progress) in essential services and operations that will provide broad support for the City. All of the positions are financially supported by increased projections of GF Revenues, Enterprise Fund allocation of costs, vacant positions and cannabis revenue.

CONCLUSION:

Based on consultant projections, Staff believes revenue estimates are moderate to conservative in nature, with an anticipated 10% increase in sales tax revenue alone over budget. Staff recommends the $513,000 request for additional appropriations to the General Fund and $165,000 to Internal Service Funds for total of $678,000 FY22 additional appropriations (refer to Chart 3 and 4 for summary of all FY22 amendments to date). With Council’s approval, adjustments will be made to sales tax revenue to increase budget and appropriate the requested expense line items.

Chart 3: Summary of FY22 General Fund and Other Fund Appropriations

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Chart 4: Summary of FY22 Additional Appropriations by Source In addition to the original budget adopted in June 2021, this chart depicts where the $4,035,586 in additional appropriations were sourced.

In the months to follow, staff will review and bring to Council proposed amendments for the FY23 adopted budget. While there has been stability and increases in revenue sources, Council should use financial prudence as there are upcoming potential cost increases due to inflation, operational cost increases, labor negotiations, as well as identified Council goals and objectives.

Staff has identified these proposed amendments as adhering to City Council’s goals and objectives and adhering to a balanced budget as adopted by Council in Resolution 20-29-R.

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FISCAL IMPACT:

A total of $678,000 in addtional appropriation to the FY22 budget. Increase General Fund (GF) account 0001-412000 for Sales Tax by $513,000 and increase expenditure line items in the GF by $513,000 as detailed in this report. Also, increase expenditure line items for other non-GF funds by $165,000 as detailed in this report. (Attachment ‘A’)

ATTACHMENTS:

Attach A- Budget Changes
Attach A- Appropriations1
Attach A- Appropriations2

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ATTACHMENT A
Detail of Budget Changes
Fund Title Division Title Account Current  Budget Proposed  Ammend. Adopted  Budget 0001 11000000 CITY COUNCIL 749500 PROF  AND SPEC SERVICES 30,000                     159,000                         189,000 0001 11000000 CITY COUNCIL 790400 CITY  CONTRIBUTIONS TO 100,000                  30,000                           130,000 0001 11100000 CITY MANAGER‐CITY CLERK 701000 REGULAR  EMPLOYEES 298,051                  31,000                           329,051 0001 11110000 HUMAN RESOURCES 749500 PROF  AND SPEC SERVICES 70,000                     8,000                              78,000 0001 11110000 HUMAN RESOURCES 749501 LIVE  SCAN 15,000                     5,000                              20,000 0001 14120000 BUILDING  INSPECTION 749500 PROF  AND SPEC SERVICES 40,000                     195,000                         235,000 0001 15110000 POLICE ‐SUPPORT SERVICE 760000 SPECIAL  DEPARTMENTAL EXP 80,115                     7,000                              87,115 0001 15110000 POLICE ‐SUPPORT SERVICE 749500 PROF  AND SPEC SERVICES 105,019                  9,000                              114,019 0001 16100000 FIRE ‐ADMIN/SUPPRESSION 749500 PROF  AND SPEC SERVICES 47,570                     10,000                           57,570 0001 16100000 FIRE ‐ADMIN/SUPPRESSION 799500 OPERATIONAL  CAPITAL OUTLAY 49,982                     5,000                              54,982 0001 16110000 FIRE‐FIRE PREVENTION 703300 UNIFORM  ALLOWANCE 600                          1,000                              1,600 0001 17110000 PARKS & REC‐SPORTS 749500 PROF AND SPEC SERVICES      74,000                    16,000                           90,000 0001 17190000 PARKS & REC‐YOUTH SERVICE 822007 LONGFIELD CENTER UPGRADES ‐                          6,000                              6,000 0001 17210000 PARKS  & REC‐COMM PROM/EV 760000 OTHER  CONTRACTUAL SERVICE 7,425                       1,000                              8,425 0001 17220000 PARKS  & REC‐PARKS 749500 OTHER  CONTRACTUAL SERVICE 7,450                       18,000                           25,450 0001 17220000 PARKS  & REC‐PARKS 779000 UTILITIES ‐OTHER 24,000                     12,000                           36,000 0415 13150000 I T S INFORMATIONAL TECH SERV 701000 REGULAR  EMPLOYEES 164,240                  61,000                           225,240 0416 17502100 BUILDING  MAINTENANCE 760000 SPECIAL  DEPARTMENTAL EXP 66,831                     5,000                              71,831 0416 17502100 BUILDING  MAINTENANCE 822007 LONGFIELD  CENTER UPGRADES 34,539                     83,000                           117,539 0416 17502100 BUILDING  MAINTENANCE 822008 1 ‐ HVAC REPL/GOODWILL BLDG ‐                          16,000                           16,000 1,214,822              678,000                         1,892,822

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Attachment: Attach A- Budget Changes (Finance: Additional Appropriation of $678,000 to the 2021-22 ATTACHMENT A
General Fund‐Total approved additional appropriations during FY22 and current requests Division Title Account Title Appropriation Description Agenda Item Date 15110000 POLICE ‐SUPPORT SERVICE 822015 PAL  BUILDING‐WINDOW PROJECT 20,414.00             Purchase new windows for PAL Building 07/20/21 15110000 POLICE ‐SUPPORT SERVICE 822601 PUBLIC  SAFETY RADIO REPL 14,885.00              Portion of $699,105 needed for replacement of Police and Fire radios  08/03/2021 & 09/07/2021 17220000 PARKS & COMM SER‐PARKS 758000 RENTS  AND LEASES‐EQUIP 24,000.00              Soccom‐Annual lease amount to Kings Rehab 10/19/21 17220000 PARKS & COMM SER‐PARKS 755000 OTHER  CONTRACTUAL SERVICE 31,440.00             Soccom‐ Contracted mowing  10/19/21 17220000 PARKS & COMM SER‐PARKS 778800 UTILITIES ‐WATER 43,512.00              Soccom‐water 10/19/21 15130000 POLICE‐OPERATIONS 701000 REGULAR  EMPLOYEES 65,750.00              Parks Resource Officer 11/02/21 15130000 POLICE‐OPERATIONS 760000 SPECIAL  DEPARTMENTAL EXP 8,270.00                Parks Resource Officer‐Outfitting 11/02/21 Various Various 773000 EMPLOYEE  RECOGNITION 84,800.00              Employee recognition‐ $500 per each current FTE 11/16/21 Various Various 701000 REGULAR  EMPLOYEES 195,000.00            Employee recognition‐ $1,000 per FTE 11/16/21 16100000 FIRE ‐ADMIN/SUPPRESSION 732000 COMMUNICATIONS 75,000.00              Contract with Fresno County for dispatch services 12/07/21 17210000 PARKS & COMM SERV‐COMM PROM/EV 761110 ICE  RINK EXPENSES 34,613.33              Additional approp to fund ice rink expenses 12/07/21 17210000 PARKS & COMM SERV‐COMM PROM/EV 701300 PART ‐TIME EMPLOYEES 5,000.00                Additional approp to fund ice rink expenses‐part‐time employees 12/07/21 11100000 CITY MANAGER‐CITY CLERK 749500 PROF  AND SPEC SERVICES 45,600.00              Falconer services from Integrated Avian Solutions 12/21/21 14120000 BUILDING INSPECTION 792300 GRANT  PROGRAM EXPENSES 70,320.00              (5) electronic plan tables from Iproject Solutions 01/18/22 17100000 PARKS & COMM SERV‐ADMIN 701000 REGULAR  EMPLOYEES 12,855.00              Change classification of Rec Coordinator to an Administrative Analyst (prorated) 1/28/2022  memo 11000000 CITY COUNCIL 749500 PROF  AND SPEC SERVICES 159,000.00            Account underbudgeted based on history, 2 invoices for auditors for FY21‐inmaterial to reclass Current request 11000000 CITY COUNCIL 790400 CITY  CONTRIBUTIONS TO 30,000.00              Account underbudgeted based on history Current request 11100000 CITY MANAGER‐CITY CLERK 701000 REGULAR  EMPLOYEES 31,000.00              (1) Communications Manager, amount prorated for remaining FY Current request 11110000 HUMAN RESOURCES 749500 PROF  AND SPEC SERVICES 8,000.00                Additional exepenses not accounted for Current request 11110000 HUMAN RESOURCES 749501 LIVE  SCAN 5,000.00                Additional exepenses not accounted for Current request 14120000 BUILDING  INSPECTION 749500 PROF  AND SPEC SERVICES 195,000.00            For examination of plans. Orig budget was anticipating the hiring of an in‐house examiner Current request 15110000 POLICE ‐SUPPORT SERVICE 760000 SPECIAL  DEPARTMENTAL EXP 7,000.00                Purchase of a walk‐behind floor scrubber Current  request 15110000 POLICE ‐SUPPORT SERVICE 749500 PROF  AND SPEC SERVICES 9,000.00                Costs are only slightly higher compared to FY21. Howver FY22 budget was reduced by 5K Current  request 16100000 FIRE ‐ADMIN/SUPPRESSION 749500 PROF  AND SPEC SERVICES 4,000.00                40 Covid test kits Current request 16100000 FIRE ‐ADMIN/SUPPRESSION 749500 PROF  AND SPEC SERVICES 6,000.00                Breaker test, 5 year sprinkler inspections, upgrade emergency reporting Current request 16100000 FIRE ‐ADMIN/SUPPRESSION 799500 OPERATIONAL  CAPITAL OUTLAY 5,000.00               Additional replacement supplies needed Current  request 16110000 FIRE‐FIRE PREVENTION 703300 UNIFORM  ALLOWANCE 1,000.00                Additional uniform allowance per the MOU Current  request 17110000 PARKS & REC‐SPORTS 749500 PROF AND SPEC SERVICES      16,000.00             Increased softball events led to increased need for independent contractors Current request 17190000 PARKS & REC‐YOUTH SERVICE 822007 LONGFIELD CENTER UPGRADES 6,000.00               Project primarily funded by CDBG. Overage expensed to Parks. Current  request 17210000 PARKS  & REC‐COMM PROM/EV 760000 OTHER  CONTRACTUAL SERVICE 1,000.00                Fitness center‐ disinfecting towel service from Aramark Current request 17220000 PARKS  & REC‐PARKS 749500 OTHER  CONTRACTUAL SERVICE 18,000.00             Increased expenses (4 Creeks, Kings Industrial, Verizon), underbudgeted based on history Current request 17220000 PARKS  & REC‐PARKS 779000 UTILITIES ‐OTHER 12,000.00              Soccom utilities increase, underbudgeted based on history Current request 1,244,459.33

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Attachment: Attach A- Appropriations1 (Finance: Additional Appropriation of $678,000 to the 2021-22 ATTACHMENT A
Non‐GF‐ Total approved additional appropriations during FY22 and current requests Division Title Account Title Appropriation Description Agenda Item Date 21870000 REFUSE/RECYCLE  IMPACT FEE 822002 COMMERCIAL/RECYCLE  DUMPSTERS 21,250.00             Purchase of commercial trash and recycle dumpsters 08/03/21 21810000 TRANSPORTATION  IMPACT FEE 820644 TRAF  SIGNAL/12TH AV TO HUME 104,328.00           Additional approp request to fully fund design portion of FY20/21 Traffic Signal proj. 08/17/21 29100000 WATER  CAPITAL & RESERVE 822644 REPR  WELL 45 AND WELL 49 250,000.00            Emergency repair of well no. 45 and well no. 49 09/07/21 21040000 ACCUM  CAPITAL OUTLAY 822641 PEDESTRIAN  AND LIGHTING IMPR 23,600.00             Additional approp requested to fully fund Pedestrian and Lighting Improv project 09/21/21 14500200 CDBG  ENTITLEMENT 821653 LACEY  BASKETBALL COURTS 177,600.00            Allocate CDBG funds to cover project 09/21/21 21800000 PARKS  FAC IMPACT FEE FUND 822642 HIDDEN  VALLEY PARK/FITNESS CT 24,075.00             Additional approp requested to fully fund Fitness Court at Hidden Valley Park 10/05/21 20620000 STDRAN  CAP 821619 LACEY  WIDEN/RECON/10TH‐SIERRA 286,000.00           Additional approp requested to fully fund property purchase 10/05/21 21040000 ACCUM CAPITAL OUTLAY 822646 SOC  COM IMPROVEMENTS 30,000.00              Soccom‐Repairs for restroom/concession building 10/19/21 21040000 ACCUM CAPITAL OUTLAY 822646 SOC  COM IMPROVEMENTS 15,000.00              Soccom‐Irrigation Repairs 10/19/21 21040000 ACCUM CAPITAL OUTLAY 822646 SOC  COM IMPROVEMENTS 16,500.00              Soccom‐Replacement of eight soccer goals 10/19/21 14500200 CDBG  ENTITLEMENT 821653 LACEY  BASKETBALL COURTS 64,319.70              Lacey Park Basketball Courts Project 11/16/21 14500200 CDBG  ENTITLEMENT 821653 LACEY  BASKETBALL COURTS 40,359.08              Lacey Park Basketball Courts Project 11/16/21 29100000 WATER  CAPITAL & RESERVE 822011 RADIATOR  FOR TANK 5 GENERATOR 70,487.62             Purchase of new radiator for emergency radiator‐ Tank 5 11/16/21 Various Various 773000 EMPLOYEE  RECOGNITION 40,000.00              Employee recognition‐ $500 per each current FTE 11/16/21 Various Various 701000 REGULAR  EMPLOYEES 90,700.00              Employee recognition‐ $1,000 per FTE 11/16/21 21800000 PARKS  FAC IMPACT FEE FUND 822642 HIDDEN  VALLEY PARK/FITNESS CT 33,564.10             Additional approp requested to fully fund fitness pad project 12/07/21 29100000 WATER  CAPITAL & RESERVE 822302 WATER  SERV TRK/REPL 233 42,911.02              Additional approp requested to fully fund Ford F‐550 truck 12/07/21 14310000 CENTRAL  PARKING & IMPRV OPER 749500 PROF  AND SPEC SERVICES 10,000.00              Falconer services from Integrated Avian Solutions 12/21/21 21850000 WATER SYSTEM IMPACT FEE 822633 NEW  WATER SUPPLY WELL 433,675.00            Additional approp to fully fund Well no 51 & 52 02/15/22 29100000 WATER SYSTEM IMPACT FEE 820623 NEW  WATER SUPPLY WELL 433,675.00            Additional approp to fully fund Well no 51 & 52 02/15/22 20370000 REFUSE  CAPITAL & RESERVES 822301 REFUSE  REAR LOADER/REPL 342 61,454.94             Additional approp requested to fully fund refuse vehicle 03/01/22 21040000 ACO 822604 CIVIC  AUD SEWER MAIN REPL 31,900.00              Additional approp to fully fund Civic Aud Sewer Main Repl Project 03/15/22 21040000 ACO 822605 CIVIC  AUD ROOF REPL 63,347.44              Additional approp to fully fund Civic Aud Roof Replac Project 03/15/22 21040000 ACO 822605 CIVIC  AUD ROOF REPL 158,059.60            Additional approp to fully fund the Civic Aud Roof Cooler Replac Project 03/15/22 17502102 BLDG (CITY) RESERVES 822605 CIVIC  AUD ROOF REPL 103,320.00            Additional approp for Civic Aud maintenance (cooler repl, electrical,purchase of coolers) 03/15/22 13150000 I T S INFORMATIONAL TECH SERV 701000 REGULAR  EMPLOYEES 61,000.00              (2) Office Systems Analysts, amount prorated for remaining FY Current  request 17502100 BUILDING  MAINTENANCE 760000 SPECIAL  DEPARTMENTAL EXP 5,000.00                Unexpected expenses for Longfield Center Current request 17502100 BUILDING  MAINTENANCE 822007 LONGFIELD  CENTER UPGRADES 83,000.00             Unexpected expenses for R&M Current  request 17502100 BUILDING  MAINTENANCE 822008 1 ‐ HVAC REPL/GOODWILL BLDG 16,000.00             Replacement AC for Goodwill building Current  request 2,791,126.50
Grand Total 4,035,585.83

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Attachment: Attach A- Appropriations2 (Finance: Additional Appropriation of $678,000 to the 2021-22

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: D

SUBJECT:

Review and discussion of recommended amendments to the City's Community Development Block Grant (CDBG) 2022-2023 Annual Action Plan and Budget

RECOMMENDATION:

That the City Council receive the report and presentation and provide staff with feedback and recommendations for the CDBG Annual Action Plan and Budget for the 2022-2023 Program Year.

BACKGROUND:

The City of Hanford participa tes in the Department of Housing & Urban Development’s (HUD) Community Development Block Grant (CDBG) Entitlement Cities Program. The City receives a formula grant annually as a participant in the Entitlement Cities Program. The primary objective of the CDBG Program is the preservation and development of viable communities by providing decent housing, a suitable living environment, economic development opportunities, public services, and public facilities principally for low - and moderate -income persons. Ad ditional information is attached in EXHIBIT A.

As a condition of receiving federal funds, the Federal Housing and Urban Development Department (HUD) requires the City to prepare a five -year (2019 -2023) Consolidated Plan (ConPlan ), which City Council appr oved on May 7, 2019. The ConPlan serves as the blueprint for community development activity in the City. The Annual Action Plan (APP) is prepared by the City every year according to requirements set forth by HUD. This upcoming funding 2022/23 is the fourth year of the 5-year Consolidated Plan.

It is estimated that the City will receive a CDBG allocation of $558,523, which is the same amount of CDBG funds received last year and an estimated $25,000 in program income from previous loan payments. Once HUD re leases the FY22/23 CDBG entitlement allocations, this amount will be updated accordingly.

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There are also statutory limitations on the percentage of CDBG funds that may be utilized for administrative purposes at no more than 20% of the entitlement and Pu blic Services at no more than 15% of the entitlement. The remaining funds are utilized for Affordable Housing, Public Facilities, and Capital Improvements projects. Based upon previous reviews, input, and approvals from Council, the total funds recommended for 2022/23 by eligibility category are as follows:

Housing (Housing Rehabilitation) $388,000
Public Services $83,818
TOTAL PROGRAMMATIC FUNDS (80%) $471,818
Administration (up to 20%) $111,705
TOTAL CDBG 2022-2023 FUNDING $583,523

Therefore, based on the limited amount of resources available, staff assessment is that the proposed 2022/23 projects will meet the defined national objective, complete at least one of the following priority needs established in the 2019 -2023 Five -Year Consolidated Plan, and demonstrate the ability to spend grant funding within the applicable timeliness provisions, which are shown in EXHIBIT A.

Notice of the public hearing before the City of Hanford City Council was published on March 25, 2022, in the Hanford Sentinel . No public comments have been received as of the date of preparation of this report.

This discussion provides staff direction in the APP preparation process, which provides Council an opportunity to review the proposed activities/programs, obtain feedback from the Community and add, delete or make recommendations before publishing the 2022 draft Action Plan for a 30 - day public review on April 8, 2022. Staff will conduct a public hearing and adopt the plan on May 3, 2022.

FISCAL IMPACT:

This action is a prerequisite to ensuring the City can receive its anticipated $558,523 CDBG entitlement funds. This discussion will be followed by several Council actions, including a Public Hearing and budget appropriations at the time that the funding is received and allocated for use.

ATTACHMENTS:

EXHIBIT A CDBG 04052022

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

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Attachment: EXHIBIT A CDBG 04052022 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APP 2022/23)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: B

SUBJECT:

City Clerk: Approval of the Minutes of the September 21, 2021 Meeting

Recommendation:

Approve the minutes of the September 21, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

9.21.2021

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CITY COUNCIL MEETING

MINUTES
September 21, 2021 7:00 PM
Council Chambers
400 N. Douty St.
6:00 PM CALL TO ORDER CLOSED SESSION:

Mayor Ramirez called the closed session to order at 6:00 p.m.

ROLL CALL BY THE CITY CLERK :

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

Comments from the public are limited to items 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.

Bob Ramos commented on closed session item D. He also commented on Hidden Valley Park.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

Mayor Ramirez adjourned to closed session at 6:03 p.m.

CONFERENCE WITH LEGAL COUNSEL-REAL PROPERTY NEGOTIATIONS (GC 54956.8):

Property: APN's 028- 240-018, 028 -240-020, 08-310-005, 028-310-005, 028- 310-007, 028- 310-008, 028- 310- 025
Agency Negotiators: Mario Cifuentez, Ty Mizote
Negotiating Party: City Farm Industries Inc.

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

One potential case.

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

One potential case (Brown Act compliant).

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

Title: City Attorney

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)
CALL TO ORDER REGULAR SESSION:

Mayor Ramirez called the meeting to order at 7:02 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Present 5:40 PM
Art Brieno Council Member Present 5:55 PM
Kalish Morrow Council Member Present 5:57 PM
Amanda Saltray Council Member Present 5:57 PM
Francisco Ramirez Mayor Present 5:15 PM

INVOCATION:

The invocation was led by Pastor Orris Whitley.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

CLOSED SESSION ACTION REPORT :

City Attorney Ty Mizote reported that the Council was unable to complete the discussion of one of the anticipated litigation items. The closed session will reconvene after the regular meeting.No action was taken on the other closed session items.

RECOGNITIONS/PROCLAMATIONS:

A. Introduction of New Police Officers
Introduction of the new police officers was postponed.

B. Fire: Proclamation to American Ambulance in recognition of their outstanding service and efforts during the COVID-19 pandemic.

Police Chief Parker Sever and Fire Chief Steve Pendergr ass presente d a proclamation of recognition to the American Ambulance for their outstanding service and efforts during the COVID-19 pandemic.

The City Council and representatives from Senator Melissa Hurtado's Office, Congressman David Valadao's office, and Assembl ymember Rudy Salas's office presented certificates of Recognition to the American Ambulance Paramedics.

American Ambulance Chief Operations Officer for Fresno and Tulare County, Steve Melander expressed his gratitude for the recognition and support.

C. Proclamation National Fire Prevention Week October 3-9, 2021 The City Council presented the Fire Prevention Week Proclamation to Fire Chief Steve Pendergrass.

STAFF COMMUNICATIONS:

City Manager Mario Cifuentez provided departmental updates.

COUNCIL REPORTS/COMMENTS:

Vice Mayor Sharp attended several community events. She also attended the KART Facility Design meeting.

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)

Council Member Morrow attended the KCAPTA meeting.

Council Member Brieno commented on Senate Bill 9. He also commented on the Centennial Park playground.

Council Member Saltray attended the KCAO Board meeting. She also commented on the ARPA fund distribution.

Mayor Ramirez attended the Proteus event. He also discussed other events 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 the 18 acres adjacent to Hidden Valley Park. He also comment ed on the complaint filed by Paula Lofgren.

Lou Martinez thanked the first responders, city staff and the Council for their service to the community. He commented on the 18 acres ad jacent to Hid den Valley Park. He also comm ented on the complaint filed by Paula Lofgren.

Mark Pratter commented on the 18 acres adjacent to Hidden Valley Park.

Jose Sigala, SEIU Representative for the City of Hanford, commented on the ARPA fund distribution.

Nate Odom commented on the Local Control Resolution on the agenda.

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 it em will be removed from t he Consent Calendar to be discussed and voted upon by a separate motion.

Council Member Brieno requested to pull Item F [Public Works: Authorization to award a contract, to provide pedestrian accessibility a nd safety and addition al street lighting on Redin gton Street between Phillips Street and Scott Street, to DOD Construction of Bakersfield CA, in the amount of $108,475.00 and approve an additional appropriation of $23,600.00 from the Accumulated Capital Outlay Reserves to fully fund this project.]

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Amanda Saltray, 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.

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)
B. City Clerk: Approval of the Minutes of the May 4, 2021 Meeting C. Administration: Second Reading of Or dinance No. 21-05, Amending those sections of Title 2 of the Hanford Municipal Code to set the number of seats on all City Commissions at 5 and making several other revisions to Chapters 2.20, 2.28, 2.32, and 2.36 of the Municipal Code.

D. Information Tech nology: Approval of adding additi onal fiber optic network connectivity at Longfield Center, Coe Park Center, Plunge and Airport for an initial installation/construction cost of $30,000 which will be paid from ARPA funds.

E. Police: Approval of Out of State Travel to Stateline Nevada for Sun Ridge Users Conference for a Police Sergeant and Senior Records Clerk.

PULLED ITEMS:

1. Public Works: Authorization to award a contract, to provide pedestrian accessibility and safety and additional stree t lighting on Re dington Street between Phillips S treet and Scott Street, to DOD Construction of Bakersfield CA, in the amount of $108,475.00 and approve an additional appropriation of $23,600.00 from the Accumulated Capital Outlay Reserves to fully fund this project.
[Item F]

Pulled by Council Member Brieno.

Public Works Director John Doyel discussed the proposed lighting placement . Dir. Doyel answered questions from Council Member Brieno. Police Chief Parker Sever commented on the placement of the street lighting.

Motion to approve.

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

A. City Attorney: Adoption of Resolution of Necessity 21-__-R for APN 001 -040-015 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property (Arthur Delgado Eminent Domain) for the widening of 12th avenue by the City (the “Project”).

Mayor Ramirez called for the staff report.

Motion to table.

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Community Development: Public hearing to Accept comment s and Appr ove the subm ission of the 2020/21 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report.

Mayor Ramirez opened the public hearing and called for the staff report at 7:57 p.m. Administrative Analyst Sandra Lerma presented the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and answered questions from the Council.

Public Comment:

IN-FAVOR:

None

OPPOSED:

None

Mayor Ramirez closed the public hearing at 8:06 p.m.

Motion to approve.

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

A. Public Works: Authorization to advertise for bids for the FY 20/21 CDBG Lacey Park Basketball Courts 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.

Public Works Director John Doyel discus sed the project details and answered questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Administration: Adoption of Resolution No. 21-42-R, expressing support for actions to further strengthen local democracy, authority, and control as it relates to Local zoning & Housing Issues and Personal Rights of City Residents.

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)
City Manager Mario Cifuentez discussed the background of the re solution, and provided the details of Housing Bills SB9, SB10 and AB1401. Each of the Council Members commented on the resolution .

Motion to approve.

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

Council Future Agenda Items
Council Member Brieno commented on the ARPA fund distribution. Mayor Ramirez questioned the roundabout sign located on Hwy 43. City Manager Cifuentez addressed the Council's questions and concerns.

ADJOURNMENT:

The Council adjourned the meeting and reconvened to closed session at 8:29 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 9.21.2021 (Clerk: 9.21.2021 Minutes)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: C

SUBJECT:

City Clerk: Approval of the Minutes of the October 5, 2021 Meeting

Recommendation:

Approve the minutes of the October 5, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

10.5.2021

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CITY COUNCIL MEETING

MINUTES
October 5, 2021 7:00 PM
Council Chambers
400 N. Douty St.
5:00 PM CALL TO ORDER STUDY AND CLOSED SESSION:

Mayor Ramirez called the study session and closed session to order at 5:00 p.m.

ROLL CALL BY THE CITY CLERK:

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

Comments from the public are limited to items 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.

STUDY SESSION:

A. Kings County Redistricting Information Presentation
Kings County Administrative Analyst Matthew Boyett presented the redistricting process, goals, and timeline for Kings County. Mr. Boyett referred the Council and the public to the Kings County website and social m edia platforms for additional information. Mr. Boyett and County Counsel, Diane Freeman answered questions from the Council. Vice Mayor Sharp thanked Mr. Boyett, Kings County and the Board of Supervisors for the presentation.

B. Discussion and Review of the 2020 Urban Water Management Plan Update and the 2020 Water Shortage Contingency Plan Update
Public Works Deputy Director Jim Ross introduced the consultant, Tony Akel to present the 2020 Urban Water Management Plan Update and 2020 Water Shortage Conti ngency Plan Update. Mr. Akel provided an overview of both Plans. He discussed new requirements, the City's water service, and the annual assessment reporting timeline. The 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan guidebo oks will b e issued within a year. Public Works Director John Doyel addressed questions and concerns from the Council.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

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

Cesar Pimentel v. Officer Carrillo, Officer Rivera
Eastern District Case No.: 1:19-cv-1088

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)

Montreal Hemphill v. Officer Farr, Officer Medeiros
Eastern District Case No.: 1:19-cv-1119

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

Stephen and Alma McLemore v. City of Hanford, et al.

Kings County Superior Court Case No 21C0023

Nathan Rodriguez v. City of Hanford
Kings County Superior Court Case NO. 21C0172

Helena v. City of Hanford
Kings County Superior Court Case No 17C0102
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 4:50 PM
Art Brieno Council Member Present 4:57 PM
Kalish Morrow Council Member Present 4:55 PM
Amanda Saltray Council Member Present 4:50 PM
Francisco Ramirez Mayor Present 4:35 PM

INVOCATION:

The invocation was led by Pastor Marleny Senn.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

CLOSED SESSION ACTION REPORT :

None.

RECOGNITIONS/PROCLAMATIONS:

A. Emergency Nurses Week Proclamation
Council Member Saltray presented the Emergency Nurses Week Proclamation to the nurses in attendance.

B. Introduction of New Police Officers
Introduction of the new police officers was postponed.

STAFF COMMUNICATIONS:

City Manager Cifuentez provided an update for Senate Bill 556. He also discussed the League of California Cities Conference.

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)
COUNCIL REPORTS/COMMENTS:

Vice Mayor Sharp discussed the meetings she attended.

Council Member Morrow atte nded the L eague of California Cities Conference. She also announced the upcoming events that she will be participating in.

Council Member Brieno announced the opening of the library.

Council Member Saltray attended the League of Cali fornia Cities Conf erence. Sh e also discussed the events she attended.

Mayor Ramirez attended the League of California Cities Conference. He also discussed other events 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.

Jack Schwartz announced the upcoming events at the Carnegie Museum.

Mark Curts commented on Consent Item F.

Mark Pratter commented on the 18 acres adjacent to Hidden Valley Park.

Bob Ramos commented on the consent calendar Procedural Waiver . He also commented on the 18 acres adjacent to Hidden Valley Park.

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 ma de and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Vice Mayor Sharp requested to pull Item A [PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only].

Council Member Brieno requested to pull items D and F.

[D. Community Development: Historic Resources Permit 2021 -04: a request to alter the façade of an existing storefront in the Wealth Center Building. The property is designate d as a contributing building within the Historic Overlay Zone. The project is located at 312 N. Irwin St. (APN 012-022-007).]

[F. Public Works: Authorization to purchase street right -of-way, located on the north east corner of Emm a Lee Lane and Grangeville Boulevard, in the amount of $20,800 plus escrow fees; Approve acceptance of the Grant Deed and Authorization for the City Manager to execute and the City Clerk to attest and file said deeds with the Kings County Recorder's Office, and accept the attac hed Purchase and Sale Agreement and authorize City staff to execute said agreement. (008-450-011 & 008-450-012).]

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)
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. Administration: Approval of various changes to the City of Hanford Travel Policy to make the policy consistent with current practices and approved Cal Card Policies B. Administration: Approval of the Exclusive Negotiat ing Agreement between Jerry Irons/Greg Enloe and the City of Hanford for the property more commonly referred to as the Bastille.

C. Public Works: Approval of the Fina l Map and Subdivision Agreement for Tract No. 928, Unit No. 2, with San Joaquin Valley Hom es, and acceptance of all easements and dedications offered for public use and adoption of Resolution 21- 43-R restructuring properties within Assessment District No. 20-01 (District Restructure No. 20-01-A) (SEC Fargo Avenue and Centennial Drive) D. Public Works: Authorization to purchase of street right -of-way located on the south west corner of Emma Lee Lane and Conquistador Street, in the amount of $750.00 plus esc row fees; Approve acceptance of the Grant Deed and Authorization for the City Manager to execute and the City Clerk to attest and file said deeds with the Kings County Recorder's Office, and accept the attached Purchase and Sale Agreement and authorize Cit y staff to execute sai d agreement. (APN 008-460-001).

E. Public Works: Authorization to purc hase street right-of-way, located on the south west corner of Davis Street and Grant Street, in the amount of $1,500.00 plus escrow fees, Approve acceptance of the Grant Deed and Authori zation for the City Manager to execute and the City Clerk to attest and file said deeds with the Kings County Recorder's Office, and accept the attached Purchase and Sale Agreement and authorize City staff to execute said agreement. (APN 012-321-001).

F. Public Works: Authorization to Advertise for Bids for the Fitness Cour t - Hidden Valley Park and approve an additional appropriation of $24,075 from the Park Impact Fee Reserve to fully fund the estimated construction portion of this project.

PULLED ITEMS:

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

Pulled by Vice Mayor Sharp on behalf of Bob Ramos.

City Manager Cifuentez clarified that the item is a procedural waiver, to waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

2. Community Development: Historic Resources Permit 2021-04: a request to alter the façade of an existing storefront in the Wealth Center Building. The property is designated as a contributing building within the Historic Overlay Zo ne. The project is located at 312 N. Irwin St. (APN 012- 022-007).
[Item D]

Pulled by Council Member Brieno.

Assistant Planner Mark Manha provided the details of the proposed changes and answered 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

3. Public Works: Authorization to purchase street right -of-way, located on the north east corner of Emma Lee Lane and Grangeville Boulevard, in the amount of $20,800 plus escrow fees; Approve acceptance of the Grant Deed and Authorization for the City Manager to execute and the City Clerk to attest and file said deeds with the Kings County Recorder's Offi ce, and accept the attached Purchase and Sale Agreement and authorize City staff to execute said agreement. (008 - 450-011 & 008-450-012).
[Item F]

Pulled by Council Member Brieno.

Public Works Director John Doyel discussed the purc hase street right -of-way, located on the north east corner of Emma Lee Lane and Grangeville Boulevard and answered questions from the Council.

Motion to approve.

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

A. Public Works: Public Hearing to Review, Discuss and receive Public Comment on the 2020 Water Shortage Contingency Plan Update.

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Mayor Ramirez opened the public hearing at 7: 38 p.m. and called for the staff report. Deputy Public Works Director Jim Ross presented the staff report for both Items A and B during the public hearing. Public comment will be accepted tonight during the hearing and through Octobe r 19, 2021. Public comment s received will be presented at the next City Council meeting. Dir. Ross answered questions from the Council.

Public Comment:

Bob Ramos questioned the projection of the future supply and demand. He did not comme nt in favor or opposition. Dir. Ross clarified for Mr. Ramos.

IN-FAVOR:

None.

OPPOSED:

None.

The public hearing was for informational purposes only. No action was taken.

Mayor Ramirez closed the public hearing at 7:48 p.m.

B. Public Works: Public Hearing to Review, Discuss and receive Public Input on the 2020 Urban Water Management Plan Update.

Mayor Ramirez opened the publ ic hearing at 7:49 p.m. and called for the staff report. Deputy Public Works Director Jim Ross presented the staff report for both Items A and B during the p ublic hearing. Public comment will be accepted toni ght during the hearing and through October 19, 2021 . Public comments received will be presented at the next Council meeting.

Public Comment:

IN-FAVOR:

None

OPPOSED:

None

The public hearing was for informational purposes only. No action was taken.

Mayor Ramirez closed the public hearing at 7:51 p.m.

GENERAL BUSINESS:

A. Public Works: Authorization to purchase the property located on the north east corner of 8 3/4 Ave. and SJVRR Tracks 600’ nort h of Lacey Boulevard f rom Harvey Green, in the amount of $377,000.00 plus escrow fees, Approval of an additional appropriation of $286,000 from the Storm Drainage Operations Reserves, Approve acceptance of the Grant Deed and Authorization for the City Mana ger to execute and the City Clerk to attest and fi le said deeds with the Kings County Recorder's O ffice, and Approve acceptance of the Right of Way Agreement and Authorization for City staff to execute said agreement. (APN 014-230-017).

Public Works Director John Doyel discussed the project and answered questions from Council Member Brieno.

Motion to approve.

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)
RESULT: APPROVED [4 TO 0]
MOVER: Kalish Morrow, Council Member
SECONDER: Francisco Ramirez, Mayor
AYES: Brieno, Morrow, Saltray, Ramirez
ABSTAIN: Sharp
B. Police: Intr oduction of Ordinance 21- 06, Amending Chapter 5.56 (Commercial Cannabis Activity) of the Municipal Code, thereby Amending the operational structure of permits and other various amendments to be consistent with desired operational procedures.

Police Chief P arker Sever discussed the am endments to chapter 5.56 of the Municipal Code a nd invited questions from the Council.

Motion to approve the ordinance 21-06.

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

Chief Sever also requested direction from Council regarding a third storefront dispensary permit. He provided the background of the July 7, 2020 Council discussion of the consideration of issuing more store front dispensary permits. He also shared his opinion of increasing the number of approved permits. Staff answered questions from the Council. Council Member Morrow spoke in support of increasing the number of permits. Vice Mayor Sharp and Council Member Brieno expressed their concerns and spoke in opposition of approving additional permits. It was the Council consensus to direct staff to bring back the item for the Council's review and consideration at a future meeting.

COUNCIL FUTURE AGENDA ITEMS:

Council Future Agenda Items
Council Member Brieno expressed his concerns regarding recruitment for the Community Development Department. City Manager Cifuentez addressed his concerns.

ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 8:14 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 10.5.2021 (Clerk: 10.5.2021 Minutes)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: D

SUBJECT:

Public Works: Approval of Final Map and Subdivision Agreement for Tract 865, Unit 2, Live Oak East Unit 2

RECOMMENDATION:

That the City Council, by motion, approve the Final Map and Subdivision Agreement for Tract No. 865, Live Oak East, Unit No. 2, and accept all easements and dedications offered for public use.

BACKGROUND:

The final subdivision map for Tract No. 865 Unit No. 2, a 1 14-lot subdivision located as shown on the attached map, has been checked and approved by staff. All required fees have been paid, and proper improvement security for all required subdivision improvements has been posted in accordance with the attached Subdivision Agreement, which has been reviewed and approved by the Public Works Department and signed by the subdivider. The subdivider and developer of Tract No. 865 Unit No. 2 is San Joaquin Valley Homes, of Visalia, CA.

FISCAL IMPACT:

The right of way dedications and easements are offered at no cost to the city, and all subdivision improvements will be constructed at the developer’s expense.

ATTACHMENTS:

Location Map
865-2 Final Map- Not Recorded
865-2 Subd Agreement-Not Signed
Subd Agreement Exhibits A and B
Tract 865 Unit II - Subdivision Map Agreement - (.doc format)

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CITY OF HANFORD

SUBDIVISION AGREEMENT

TRACT 865 UNIT II – LIVE OAK EAST PHASE 2
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into this _________ day of ______________________, 2022, by and between PRESIDIO JJR STERLING OAKS 104, LLC AND PRESIDIO JJR HIDDEN OAKS 104, LLC., ("SUBDIVIDER"), and the City of Hanford, a Municipal Corporation ("CITY").

RECITALS
A. The SUBDIVIDER has presented to the CITY a final map of the proposed Subdivision of certain real property located within the city limits of the City and more particularly described in Exhibit “A” which has been filed with the City Engineer and is made a part hereof by reference (“Final Map”) and identified as Tract No. 865 Unit II ("SUBDIVISION"). The real property is to be developed in accordance with subdivision improvement plans, which have been filed with the City Engineer and are made a part hereof by reference and identified as Exhibit "B" ("Improvement Plans"). SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and otherwise approve the Final Map in order that the same may be recorded as required by law.

B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of such streets and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires that any and all streets and easements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements specified herein.

C. Certain public improvements are required to be made by SUBDIVIDER in accordance with the approved tentative map of the SUBDIVISION. Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City Council shall require the SUBDIVIDER to enter into an agreement to complete said public improvements.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 2 D. Chapter 16.24.070 of the Hanford Municipal Code requires the SUBDIVIDER to enter into an agreement with the CITY to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with Sections 16.24.010 through 16.24.120, inclusive of the Hanford Municipal Code, which Sections by reference are incorporated into this Agreement and made a part hereof.

NOW THEREFORE, it is hereby agreed as follows:

1. Improvements.

SUBDIVIDER shall complete all required public improvements in the Subdivision as identified in Exhibit “B” of this Agreement (collectively "IMPROVEMENTS") and in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the Tentative Map of the SUBDIVISION, the Hanford Municipal Code, all applicable laws, codes and regulations and the terms and conditions of this Agreement. In accordance with Section 16.24.110 of the Hanford Municipal Code, all of the Improvements shall be completed no later than two (2) years from the date of approval of this Agreement by the City of Hanford. A request to extend the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of this Agreement and shall include facts in support of the request for such extension of time. Only the City shall have the authority to extend such time period. The extension period shall not exceed twelve (12) months.

Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required work has been completed, the City Engineer shall inspect such work, and if such work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Hanford Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the CITY.

2. Inspection.

The CITY shall inspect all work in accordance with Section 16.24.100 of the Hanford Municipal Code including the SUBDIVIDER'S conformance with CITY Standards and

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 3 Specifications and any and all conditions, standards or requirements identified at the preconstruction conference held prior to commencing construction.

CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIVIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify in writing that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and upon receipt of as-built improvement plans, the Improvements may be provisionally accepted by the CITY pending approval of the final map and subdivision agreement for Tract No. 865 Unit II, by the City Council.

The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of completion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by the City Council of the IMPROVEMENTS.

3. Costs and Fees.

The SUBDIVIDER shall be responsible for the work, including without limitation, the costs identified in the IMPROVEMENT COST ESTIMATE attached hereto and made a part hereof and identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to the amount thereof and agrees to pay, when due, all amounts identified therein, including without limitation, all CITY engineering and inspection fees.

4. Security.

SUBDIVIDER agrees to furnish security, which complies with Section 66499 et. seq. of the California Government Code, in such amounts as are fixed by the CITY, to guarantee the faithful performance of this Agreement, including without limitation, the construction of the

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 4 IMPROVEMENTS and to guarantee payment to contractors, subcontractors, laborers, material men and other persons employed in the performance of the work under this Agreement. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the following manner:
(a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of public improvements, may be released or the required surety amounts may be reduced as work is satisfactorily completed and tentatively accepted by the CITY.
(b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors and to persons furnishing labor, materials, or equipment may be released if claims, including without limitation, stop notices have not been filed.
(c) Ten percent (10%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than ten percent (10%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion.

In accordance with Section 16.24.080 of the Hanford Municipal Code, the SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the Improvement Cost Estimate set forth in Exhibit "C." No final map shall be signed by the City Engineer or recorded until all improvement securities required by Section 16.24.080 of the Hanford Municipal Code and under this Agreement have been received and approved. The form of securities shall be one or the combination of forms as approved by the CITY.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 5 5. Liability.

As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate of insurance with a separate endorsement evidencing the following insurance coverages:
(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than FIVE MILLION AND NO/100 DOLLARS ($5,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be TEN MILLION AND NO/100 DOLLARS ($10,000,000), twice the required occurrence limit.

(2) Automobile Liability: ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than FIVE MILLION AND NO/100 DOLLARS ($5,000,000) per accident for bodily injury and property damage.

(3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 6 If SUBDIVIDER maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by SUBDIVIDER.

SUBDIVIDER’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.

SUBDIVIDER may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, SUBDIVIDER shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.
a. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require SUBDIVIDER to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require SUBDIVIDER to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention. b. The policies are to contain, or be endorsed to contain, the following provisions:
(1) The City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of SUBDIVIDER including materials, parts, or equipment furnished in connection with such work or operations; products used by SUBDIVIDER; or automobiles owned, leased, hired or borrowed by SUBDIVIDER. General

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 7 liability coverage can be provided in the form of an endorsement to SUBDIVIDER’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this contract, SUBDIVIDER’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of SUBDIVIDER’s insurance and shall be non-contributory. (3) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
c. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
d. SUBDIVIDER shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUBDIVIDER’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
e. SUBDIVIDER hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of SUBDIVIDER may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 8 any loss under such insurance. SUBDIVIDER agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. f. The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

6. Indemnification.

SUBDIVIDER hereby agrees to and shall protect, indemnify and hold harmless the CITY and all officials, officers, agents, representatives and employees thereof from and against any and all liability, loss, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types, to the extent arising out of, or related, directly or indirectly, to the work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIVIDER, SUBDIVIDER's independent contractors, employees, representatives, agents and invitees. These indemnification and hold-harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering such damages, claims, or liability. This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the IMPROVEMENTS.

SUBDIVIDER agrees that the use of any and all public streets and improvements, which are part of the Subdivision, shall be at all times, prior to the final acceptance by the CITY, the sole and exclusive risk of the SUBDIVIDER.

7. Restriction on Sale of Lots
SUBDIVIDER acknowledges that, pursuant to the terms of that First Amendment to Development Agreement (“Development Agreement”) recorded on September 23, 2016 as Document No.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 9 1616867, the CITY and the developers of the residential project known as “Live Oak,” intend for a Community Facilities District (CFD) to be formed for the purpose of funding and assuring the long-term operation and maintenance of certain public improvements associated with the Live Oak project, including, without limitation, public landscaping and irrigation improvements, bike trails, parks, and open-space and storm drainage facilities (collectively “CFD Improvements”). It is further contemplated that the developers who own the land comprising the Live Oak project and who are parties to the Development Agreement (collectively “Developers”) will cast the votes required under the California Government Code to establish the CFD and approve the special taxes (“Special Taxes”) to be levied by the CFD to operate and maintain the CFD Improvements.

SUBDIVIDER wishes to commence construction of homes prior to the completion of the process to form the CFD and establish the tax levy, and the CITY is willing to accommodate SUBDIVIDER by processing the Final Map. In exchange for the CITY’s accommodation, SUBDIVIDER hereby agrees that it will not sell any of the lots created by the Final Map until the CFD is established and the Special Taxes are approved by the Developers and levied by the Hanford City Council. SUBDIVIDER acknowledges that such commitment by SUBDIVIDER will accomplish the intent of the Development Agreement parties described in the preceding paragraph. CITY represents that it will utilize commercially reasonable effort to timely complete the process to form the CFD and levy the Special Taxes.

SUBDIVIDER’s breach of this section shall constitute a default under this Agreement and the Development Agreement.

8. Permits and Compliance.

Should SUBDIVIDER be required to perform any work within any public rights-of-way or easements located beyond the Subdivision limits, SUBDIVIDER shall satisfy any

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 10 and all requirements, other than the payment of fees, as necessary to obtain an encroachment permit for said work.

SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities that interfere with the construction of the IMPROVEMENTS.

The SUBDIVIDER shall be responsible for the full cost of relocating such facilities.

The SUBDIVIDER shall repair any damage to public streets or other public property or improvements resulting from or incidental to, the construction of the Improvements, or in lieu of making such repairs, the SUBDIVIDER shall pay to the CITY the full cost of such repairs.

Building permits for individual lots of the Subdivision will not be issued until all underground utilities are installed within the public right-of-way, the trenches have been backfilled, and an approved all-weather road is constructed for street frontage and access.

No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all Improvements are completed and accepted by the City Council.

In accordance with Section 16.24.090 of the Hanford Municipal Code, construction methods and materials for all Improvements shall conform to the Standards and Specifications of the CITY. Construction shall not commence until required Improvement Plans have been approved by the City Engineer and payment of all fees have been received by the CITY.

The IMPROVMENTS shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other codes, rules or regulations of the CITY and the State of California.

The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. If, in the opinion of the City Engineer, proper barricades and warning signs are not being provided,

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 11 the Contractor will be required to immediately stop work until proper traffic control is provided and approved by the City Engineer.

The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act (“OSHA”). Onsite inspection of the work will be requested of OSHA officials, and all work subject to this Agreement shall immediately stop if, in the opinion of the City Engineer, any such work is being performed in violation of OSHA or when appropriate safety measures are not being utilized for said work.

The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the work to be performed hereunder and for any and all work or labor associated therewith and for all amounts due under the Workers’ Compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including without limitation, as required by Section 3200 of the California Labor Code and Section 4200 of the California Government Code.

9. Scheduling.

It shall be the responsibility of the SUBDIVIDER to coordinate all work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibility of the SUBDIVIDER. It shall further be the responsibility of the SUBDIVIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVIDER shall be solely responsible.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 12 10. Soil and Dust Control Provisions.

The SUBDIVIDER is responsible for arrangement for and payment of all CITY-required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDIVIDER to the certified testing firm of the SUBDIVIDER's choice. Adequate dust control shall be maintained by the SUBDIVIDER on all streets within and outside of the Subdivision on which work is required to be performed under this Agreement, from the time work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets or other areas of the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with the provisions herein, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personnel of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt of the billing, therefore, the entire cost to the CITY of such dust control.

When the surfacing on any existing street is disturbed, the surfacing shall be immediately replaced with temporary surfacing and permanently paved within fourteen (14) calendar days thereafter. The streets shall be maintained in a safe and passable condition at all times between the commencement of construction of IMPROVEMENTS and final completion thereof.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 13 11. Reimbursement.

If the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or impact fee credit because of the construction of certain improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the impact fee credit prior to the date of final acceptance of all subdivision improvements by the City Council. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of the IMPROVMENTS by City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIVIDER forever waives its right to request and receive any cash reimbursement, reimbursement agreement or impact fee credit.

12. Prevailing Wage Laws, Rules and Regulations.

SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the SUBDIVISION. Unless otherwise advised in writing by the City, SUBDIVIDER shall be solely responsible for making any and all decisions regarding any portion or aspect of the SUBDIVISION including, without limitation, any form of reimbursement by the City to the SUBDIVIDER or any contractor, that will require the payment of prevailing wages. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against applicant or any contractor as a result of failure to pay prevailing wages.

SUBDIVIDER shall defend, indemnify and hold harmless the City of Hanford, its officials, officers, employees, representatives, agents and attorneys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney’s fees arising out of, to the extent resulting from any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIVISION. SUBDIVIDERS’s obligation to defend, indemnify and

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 14 hold the City harmless specifically includes, but is not limited to, any suit or administrative action against the City which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIVISION.

SUBDIVIDERS’s obligations to defend, indemnify and hold the City, its officials, officers, employees, representatives, agents and attorneys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the City for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIVISION and costs of any settlement representing damages, litigation costs and attorney’s fees to be paid to other parties arising out of any such proceeding or suit.

The City may, at any time, require the SUBDIVIDER to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of any action. SUBDIVIDER shall reimburse the City within thirty (30) days of receipt of an itemized written invoice from the City for costs actually incurred. Failure of the SUBDIVIDER to timely reimburse the City shall be considered a material violation of the conditions of approval of the SUBDIVISION.

13. Sole and Only Agreement.

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement, and no other agreement, statement or promises shall be valid or binding.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 15 14. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

15. Attorneys' Fees.

If an action at law or inequity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled.

With respect to any suit, action or proceeding arising out of or related to this Agreement or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior or Municipal Court, whichever is applicable, in the County of Kings, State of California for any proceeding arising hereunder.

16. Successors and Assigns.

The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assignable by SUBDIVIDER without the express prior written consent of CITY.

17. Governing Law.

This Agreement shall be construed and governed pursuant to the laws of the State of California.

18. Time of the Essence.

Time is of the essence of this Agreement.

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 16 IN WITNESS WHEREOF, the parties have executed this Agreement on the _____ day of _______________________, 2022.

SUBDIVIDER:

PRESIDIO JJR STERLING OAKS 104, LLC
By: JJR Management Services, Inc.
a California Corporation, its Operating Manager

By:

Joseph A. Leal, President

PRESIDIO JJR HIDDEN OAKS 104, LLC
By: JJR Management Services, Inc.
a California Corporation, its Operating Manager

By:

Joseph A. Leal, President

CITY OF HANFORD APPROVAL: By: _______________________________________ Johnathan L. Doyel, P.E., P.L.S.

Public Works Director, City of Hanford

ATTEST: By: _______________________________________ Natalie Corral
City Clerk, City of Hanford

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 17 EXHIBIT "C"

SUBDIVISION IMPROVEMENT COST ESTIMATE
TRACT 865, UNIT II

In accordance with Section 16.24.080 of the Hanford Municipal Code, estimated construction costs used in this Agreement are increased for projected inflation computed to the estimated mid-point of construction.

ESTIMATED

CONSTRUCTION COST
Sanitary Sewers

Construction of sanitary sewer mains, manholes and appurtenances as shown on the approved improvement plans in accordance with City Standards and Specifications. $683,865.00

Storm Sewers

Construction of storm drain mains, manholes, catch basins and disposal facilities as shown on the approved improvement plan in accordance with City Standards.
$621,081.50

Water System

Construction of water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $501,247.24

Curb and Gutter and Other Concrete Construction

Construction of curb and gutter, sidewalk, wheelchair ramps, drive approaches, valley gutter and other concrete improvements as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $691,646.15

Street Surfacing

Construct Type "B" asphalt concrete surfacing over Class II aggregate base as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $498,244.24

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 18 Street Lighting

Install street lighting as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $109,200.00

Street Barricades

Install street barricades as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $9.750.00

Fencing, Landscaping, and Irrigation System

Construct fencing, block walls and install landscape and irrigation system improvements, misc. as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $502,942.28

Monuments and Lot Markers

Install permanent monuments and lot markers in accordance with City Standards and Specifications. $13,260.00

Engineering Services

Engineering, surveying, & geotechnical services associated with Completion of the Subdivision Improvements. $173,654.00

Earthwork Improvements

• Excavation & Compaction $0.00
• Subgrade Compaction & Fine Grade $373,214.96 • Final Lot Grading $0.00

• Total Improvements subject to Plan Review & Insp. Fees $4,178,105.37

Private Utilities

• Applicant Install Utilities Onsite Construct $1,131,000.00

Total Estimated Improvement Cost (To be bonded with Final Map) $5,309,105.37

SECURITY REQUIREMENTS

Performance $5,309,105.37
Labor and Materials $2,654,552.69
Warranty (Minimum 12-mo. from N.O.C.) $530,910.54

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement) 19 City Engineering Plan Review and Inspection Fee Schedule

City Engineering and Inspection Fees are established by Council Resolution No.1902, and are set forth below:

(1) 6% of first $ 5,000.00 $ 300.00 (2) 5% of next $ 20,000.00 $ 1,000.00 (3) 4.5% of next $ 75,000.00 $ 3,375.00
(4) 3.5% of next $150,000.00 $ 5,250.00 (5) 2% over $250,000.00 $ 93,244.06

Total City Engineering Review and Inspection Fee obligation $ 103,169.06 Fee balance payable with this Agreement Acct. #001-2010-4937 $ 103,169.06

NOTE:
• Engineering Plan Review & Inspection Fees are based on estimated cost of Improvements, including all items constructed both prior to & following posting of security. • Private utility costs are not included in determination of City Engineering Plan Review and Inspection fee calculation.

Note: Additional fees and charges will be payable prior to approval of Final Map and Final Subdivision Agreement by the City Council, including:

12th Ave. Sewer Benefit District, Acct. #161-2161-5494 (26.39 Ac @ $1,734.30/Ac) $ 16,412.50

Street Sign Fee, Acct. #001-2010-4937 (9 @ $200.00 Ea.) $ 1,800.00 (Per intersection cost for sign blades furnished by City.)

Final Map Review Fee, Acct. #001-2010-4937 $ 1,035.00 (Determined at completion of final map review.)

Engineering Plan Review & Inspection Fees, Acct. #001-2010-4937 $103,169.06

Storm Drainage Impact Fees, Acct. #184-2184-5504 (N/A) $ 0.00 (Onsite drainage Basin provided, no impact to existing City drainage facilities)

Building Dept. block wall plan review fees paid from Acct. #001-2010-4937 $ 0.00

SUBTOTAL $122,416.56

PAID $122,416.56

BALANCE DUE: $ 0.00

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Attachment: Tract 865 Unit II - Subdivision Map Agreement - (.doc format) (PW: Approve Tract 865 Unit 2 Final Map and Subdivision Agreement)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: E

SUBJECT:

Public Works: Notice of Completion for Tract 922, Unit 1

RECOMMENDATION:

That the city council, by motion, approve a Notice of Completion for Tract No. 922, Unit 1 and authorize the Mayor to execute and the City Clerk to attest and file said Notice with the Kings County Recorder’s Office.

BACKGROUND:

On June 26, 2019, the Council approved the subdivision agreement and final map for Tract No. 922, Unit 1, a 94-lot residential subdivision located as shown on the attached map. The developer of the subdivision is Lennar Homes. The developer has completed all public improvements for the subdivision and posted a 10 percent warranty security, which shall remain in effect for a minimum of one year after the attached Notice of Completion is recorded.

FISCAL IMPACT:

The public improvements have been constructed by the developer as required by the subdivision conditions of approval, and no fiscal impact to the budget will result from approval of the Notice of Completion.

ATTACHMENTS:

Tract 922 Phase 1 - Notice of Completion - Recording
Tract 922 Phase 1 - Notice of Completion - Recording (Word .doc) Vicinity Map

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RECORDING REQUESTED BY:

CITY OF HANFORD

When recorded return to:

City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951

G.C. 27361.3 - Fee NIL

NOTICE OF COMPLETION

TO WHOM IT MAY CONCERN:

YOU ARE HEREBY NOTIFIED AS FOLLOWS:

1. The work of Improvement is located at: Tract No. 922, Unit 1

2. The Improvement is particularly described as: Subdivision Infrastructure Improvements

3. The date of completion of the work of Improvement: April 5, 2022

4. The Owner of the work of Improvement: City of Hanford

5. The nature of the owner’s interest or estate: Fee Simple

6. The name of the original contractor for the work of Improvement: Lennar Homes

7. The surety for the work of Improvement: Fidelity and Deposit Company of Maryland

8. Accepted by minute action of the City Council of the City of Hanford on: April 5, 2022.

I certify under penalty of perjury that the foregoing is true and correct.

Dated this 22
th day of April, 2022.

BY: ________________________________________
Kalish Morrow, Mayor
City of Hanford, County of Kings, State of California

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Attachment: Tract 922 Phase 1 - Notice of Completion - Recording (PW: Notice of Completion for Subdivision Tract 922, Unit 1)

I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Hanford, California, this day of 2020.

BY: ________________________________________
Kalish Morrow, Mayor
City of Hanford, County of Kings, State of California

Authority: Section 1181 Civil Code

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Attachment: Tract 922 Phase 1 - Notice of Completion - Recording (PW: Notice of Completion for Subdivision Tract 922, Unit 1) RECORDING REQUESTED BY:

CITY OF HANFORD

When recorded return to:

City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951

G.C. 27361.3 - Fee NIL

NOTICE OF COMPLETION

TO WHOM IT MAY CONCERN:

YOU ARE HEREBY NOTIFIED AS FOLLOWS:

1. The work of Improvement is located at: Tract No. 922, Unit 1

2. The Improvement is particularly described as: Subdivision Infrastructure Improvements

3. The date of completion of the work of Improvement: April 5, 2022

4. The Owner of the work of Improvement: City of Hanford

5. The nature of the owner’s interest or estate: Fee Simple

6. The name of the original contractor for the work of Improvement: Lennar Homes

7. The surety for the work of Improvement: Fidelity and Deposit Company of Maryland

8. Accepted by minute action of the City Council of the City of Hanford on: April 5, 2022.

I certify under penalty of perjury that the foregoing is true and correct.

Dated this 22th day of April, 2022.

BY: ________________________________________
Kalish Morrow, Mayor
City of Hanford, County of Kings, State of California

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Attachment: Tract 922 Phase 1 - Notice of Completion - Recording (Word .doc) (PW: Notice of Completion for Subdivision Tract 922, Unit 1)

I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Hanford, California, this day of 2020.

BY: ________________________________________
Kalish Morrow, Mayor
City of Hanford, County of Kings, State of California

Authority: Section 1181 Civil Code

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Attachment: Tract 922 Phase 1 - Notice of Completion - Recording (Word .doc) (PW: Notice of Completion for Subdivision Tract 922, Unit 1)

VICINITY MAP

12TH AVENUE

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Attachment: Vicinity Map (PW: Notice of Completion for Subdivision Tract 922, Unit 1)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: F

SUBJECT:

Police: Authorization to accept an Agreement between the County of Kings and the City of Hanford to provide a sub-award from the FY 2021 State Homeland Security Grant Programs Funding for the purchase of software and equipment to improve community safety

RECOMMENDATION:

That the City Council, by motion, authorize the acceptance of an Agreement between the County of Kings and the City of Hanford to provide a sub-award from the FY 2021 State Homeland Security Grant Programs Funding for the purchase of software and equipment to improve community safety

BACKGROUND:

The Homeland Security Grant for 2021 was just approved. When the grant was sought the Hanford Police Department requested $86,956.00 for Sunridge Citizen Alert Module in the amount of $16,956.00 and for rapid deployment vehicle barriers in the amount of $70,000.00.

Prior to acceptance of this grant, City Council is required to accept the attached MOU and approve the City Manager to sign the agreement.

When the grant was being prepared in 2021, $86,956.00 was close to the amount quoted for the Equipment being purchased. Those original quotes are no longer valid, so the cost may have risen to more than what was originally quoted. We also have to ensure that we expend the entire awarded amount. We will be requesting new quotes but any overage will go through the normal City of Hanford procurement procedures for purchases.

Citizen Rims alert module will provide an interface between the City of Hanford web page and the Hanford Police Department Computer Aided Dispatch system and allow citizens a real time and past look up for police calls for service. This will allow a citizen to view crime maps, arrests, booking information, stolen vehicles, missing persons, all points bulletins, be on the look outs, including terrorism related alerts. This will allow citizens access to legitimate information

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instead of what they may see on social media. It is another excellent way for our community to be informed of police and other activities that may effect them.

The vehicle barriers will allow us to secure roadways for events such as Thursday Night Market or other activities occurring in the roadway. These barriers will prevent accidental and intentional vehicle access into blocked pedestrian areas. Most recently the barriers were used to protect the Witches Night Out event as a demonstration.

This grant requires no match and no other financial obligations of the city.

FISCAL IMPACT:

Any additional funding required beyond the grant amount will be covered through the operating budgets.

ATTACHMENTS:

Copy of FY 2021 SHSGP Project Proposal Worbook Updated IJs With State Goals

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Zip
93230
Zip
93230
Will AcceptTerrorism Incident Prevention Equipment

PROJECT PROPOSAL COVER SHEET
Law Enforcement Equipment
Project Proposal Type: Kings Operational Area
Amount
Requested
Project Rollup:

Solution Area
$70,000
Partial Funding
FY 2021 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP)
Agency/Department: Hanford Police Department
Discipline Solution Area Sub-Category
Procurement Policy Bid Threshold: $20,000
Presenter(s) Contact Information:
$70,000
Name Title Mailing Address
Total Amount Requested
Chief of Police 425 N. Irwin St. Hanford
Mailing Address
Parker Sever Friday, April 1, 2022
Statement of Certification - Authorized Agent
By signing below, I hereby certify that I am duly authorized to submit this request for Homeland Security Grant Program funds on behalf of my agency. I agree that any equipment acquired or obtained with grant funds will be made available for mutual aid within the Kings Operational Area and deployed with trained personnel in accordance with the California Disaster and Civil Defense Mutual Aid Agreement, and shall be forfeited to Kings County upon request if, during the useful life of the equipment, my agency cannot comply with, or chooses not to comply with, mutal aid requests, or if we cease to provide service(s) to the Operational Area for which the equipment was originally purchased.

Authorized By (name): Signature: Date:
[email protected]
Phone EmailName Title
James Edlund Lieutenant 425 N. Irwin Street
559-585-4730
559-585-4740
Authorized Agents Contact Information:

City
Parker Sever
Completed Cover Sheet
City
Vendor Quote(s) Attached
Completed Solution Area Tab(s)
Email
[email protected]
Completed Project Overview
DUNS Number: 969218262
Hanford
Phone
Project Proposal Checklist:

Adopted Procurement Policy Submitted

READY FOR SUBMISSION

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Attachment: Copy of FY 2021 SHSGP Project Proposal Worbook Updated IJs With State Goals (Police:

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: G

SUBJECT:

Police: Authorization to accept an Agreement between the County of Kings and the City of Hanford to provide a sub-award from the FY 2019 State Homeland Security Grant Programs Funding for the purchase of CERT (Citizens emergency Response Team) equipment.

RECOMMENDATION:

That the City Council, by motion, authorize the acceptance of an Agreement between the County of Kings and the City of Hanford to provide a sub-award from the FY 2019 State Homeland Security Grant Programs Funding for the purchase of CERT (Citizens emergency Response Team) equipment.

BACKGROUND:

The Homeland Security Grant for 2019 has recently been awarded. At the time that the grant was applied for back in 2019, the Hanford Police Department requested $25,600.20 for CERT (Citizens emergency Response Team) equipment. Prior to acceptance of this grant, the City Council is required to accept the attached Agreement and approve the City Manager to sign the agreement.

When the grant was applied for back in 2019, $25,600.20 was the exact amount quoted for the Equipment that was to be funded. Unfortunately, those original quotes are no longer valid, so it is anticipated that the costs will have risen to more than what was originally quoted.

Accordingly, staff will be requesting updated quotes for the equipment and any costs, over and above the grant amount, will be funded within the Public Safety operating budgets. The items being purchased for the CERT Team are radios, chargers, and personal protective equipment.

This grant requires no match and no other financial obligations of the city.

Additional quotes for radio portion of the project will not be sought as the City has specified dealers for our area and our existing contract for services with the radio equipment supplier will allow the City to Sole Source that portion of the equipment.

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FISCAL IMPACT:

Any additional funding required beyond the grant amount will be covered through the operating budgets.

ATTACHMENTS:
2019 SHSGP Hanford PD Final

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1 Agreement No. ______

Agreement between the County of Kings and the City of Hanford to provide a sub- award from the FY 2019 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises

THIS AGREEMENT is entered into by and between the County of Kings (“County”) and the City of Hanford (“Sub-recipient”), referred to individually herein as “Party” or collectively as “Parties,” on the following terms and conditions:

WHEREAS, the Fiscal Year 2019 (FY 2019) California State Homeland Security Grant Program (SHSGP) provides funding through Federal grants from the Department of Homeland Security (“DHS”) to enhance the capabilities of state and l ocal first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs; and

WHEREAS, County applied to the Calif ornia Governor’s Office of Emergency Services (“CalOES”) for a FY 2019 SHSGP grant; and

WHEREAS, as part of its grant application, County requested sufficient funds to support certain activities or programs planned by Sub- recipient that may be eligible fo r SHSGP grant funds; and

WHEREAS, the County was awarded FY 2019 SHSGP grant funding; and

WHEREAS, the County, upon recommendation of the Local Approval Authority (“LAA”), as comprised of the Sheriff, the County Fire Chief, the County Public Health Director, a municipal law enforcement representative, and a municipal fire department representat ive, as described in the SHSGP Guidelines, allocated some of this funding to support Sub-recipient’s eligible programs or activities.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the County and Sub- recipient hereby agree as follows:

1. GRANT SUBAWARD. Subject to the terms, conditions, and other limitations specified herein, the County intends to award to Sub- recipient a portion of its FY 2019 SHSGP Grant for the following program and/or activity:

Department/Agency: City of Hanford, on behalf of Hanford Police Department Program/Activity: CERT Team Portable Radios, Chargers, and Personal Protective Equipment

Details about the specific program or activity authorized, the amounts allocated to the specified program or activity, and the anticipated performance and disbursement timelines sha ll be confirmed by subsequent award letter from the County (“Award Letter ”) in accordance with this Agreement.

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Attachment: 2019 SHSGP Hanford PD Final (Police: Homeland Security Grant Program MOU)

2 Sub-recipient agrees not to expend any anticipated FY 2019 SHSGP grant funds until it has received an Award Letter authorizing the specific activity or program, and confirmed the award amount.

Unless Sub-recipient notifies the County before it begins spending the funds authorized in the Award Letter that it declines some or all of the program, activity, and/or funds outlined therein, Sub-recipient will be deemed to have accepted all of the terms and conditions specified in the Award Letter, including any attachments or exhibits there to.

The County reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to Sub- recipient. The County further reserves the right to issue revised Award Letters to modify Sub- recipient’s authorized program, activity, award amounts, and/or performance periods in accordance with the recommendations of the LAA, the changing needs of Sub- recipient, and/or the likelihood of Sub- recipient expending its award. Such modifications will only be made after consultation with Sub-recipient and in accordance with the recommendations of the LAA.

2. PERFORMANCE PERIOD. The Performance Period for all activities covered by the terms of this Agreement shall be from September 1, 2019 to May 31, 2022, unless otherwise terminated pursuant to the terms of this Agreement or set forth in the Performance Letter. Only activities performed during the Performance Period are eligible for funding and/or reimbursement under this Agreement.

3. GRANT REQUIREMENTS AND ASSURANCES. Sub-recipient understands and agrees that by accepting grant funds under this Agreement, it must comply with all requirements, assurances, standards, and certifications as required under the County’s agreement with CalOES, attached hereto as Exhibit A, and incorporated herein by reference as if set forth in full. Sub- recipient further understands and agrees that it shall comply with any and all applicable statutes, regulations, guidelines, or restrictions as imposed by DHS or CalOES. Finally, Sub -recipient understands and agrees that by accepting funds under this Agreement, it shall be bound to the assurances, agreements, covenants, and requirements set forth in the County’s agreement with CalOES to the same extent as the County.

4. DESIGNATED COUNTY AUTHORIZED AGENT. Only those individuals designated by resolution of the Kings County Board of Supervisors as Authorized Agents for FY 2019 SHSGP (“County Authorized Agents”) are authorized to sign Award Letters on behalf of the County, or to suspend performance as set forth herein. All other notices from the County may come from other County personnel.

5. PROOF OF SUBRECIPIENT AUTHORITY. Sub-recipient must provide proof to the County of written authorization of this project, in the form of a resolution, or some other format specifically authorized by the County, from its city council, governing board, or other governing body. This written authorization must specify Sub-recipient:

(a) Will provide all matching funds required for the grant project and appropriate any cash match as required;

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3 (b) Will assume any liability arising out of Sub-recipient’s performance of this Agreement;

(c) Will not use grant funds to supplant expenditures controlled by the city council, governing board, or authorized body; and

(d) Has authorized the official executing this Agreement to do so.

6. DISALLOWANCE AND OFFSET; REDUCATION, MODIFICATION, OR ELIMINATION OF GRANT FUNDING. If Sub-recipient requests or receives payment from the County for programs, activities, or equipment under this Agreement and the reimbursement is later disallowed by the State of California or the United States Government, Sub -recipient understands and agrees that it shall promptly refund the disallowed amount to the County upon the County’s request. The County may elect, at its sole option, and to the fullest extent permitted by law, to satisfy the disallowed amount owed from any payment due or to become due to Sub- recipient under this Agreement.

If the County’s FY 2019 SHSGP grant funding is reduced, modified, or eliminated for any reason, the County reserves the right to reduce, modify, or eliminate any or all of this FY 2019 SHSGP grant sub-award to Sub-recipient. Sub-recipient agrees to promptly return any amounts requested by the County in accordance wit h this provision. At its sole option, the County may choose to satisfy the amount to be returned by reducing the amount due to Sub-recipient from any payment due or to become due under this Agreement.

7. MONITORING AND REPORTS . Sub-recipient is responsible for oversight of the operations of its FY 2019 SHSGP grant supported activities. Sub- recipient must monitor its activities to ensure compliance with applicable Federal requirements as set forth in Exhibit A.

Sub-recipient agrees to provide ongoing performance and financial reports regarding any and all of its programs and activities funded with FY 2019 SHSGP grant funding. At a minimum, these reports will be due on a semi-annual basis, but the County reserves the right to request more frequent reporting. Within 90 days of completion or termination of this Agreement, Sub-recipient is also expected to provide a final performance report and a final expenditure report in a format acceptable to the County, the State, and the Federal government. Sub-recipient will be notified of any additional required reports by separate Award Letter or notice from the County.

8. MANDATORY DISCLOSURES. Pursuant to 2 CFR section 200.113, Sub-recipient must disclose, in a timely manner, and in writing to the County and DHS, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this sub- award.

Pursuant to the terms and conditions outlined in Appendix XII to 2 CFR Part 200 (“Award Term and Condition for Recipient Integrity and Performance Matters”), Sub-recipient may also be also required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR s ection 200.338, “Remedies for noncompliance,” including suspension or debarment.

9. INSURANCE. Sub-recipient certifies it is insured or self -insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. Sub-recipient agrees that

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4 coverage limits specified within the Agreement will not be used to reduce limits of coverage from Sub-recipient’s full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce available coverage and limits from the insurer. Failure to maintain or renew coverage may be a material breach of this Agreement.

10. LIABILITY OF COUNTY. The County’s payment obligations to Sub-recipient for FY 2019 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purchased, or activities performed in connection with this Agreement.

11. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE. Each Party shall hold harmless, defend, and indemnify the other Party, its agents, officials, officers, and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including injury to any person and/or damage to property arising out of or relating the Party’s acts or omissions under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

12. TERMINATION

(a) Without Cause (For Convenience) : Either Party may terminate this Agreement for convenience by giving thirty (30) days prior written notice to the other Party of its intention to terminate pursuant to this provision, specifying the date of termination. After receiving a notice of termination for convenience from Sub-recipient, and prior to the effective date of termination, the County may, in its sole discretion, continue to disburse grant funding to Sub- recipient for the programs or activities permitted under this Agreement and specified in the effective Award Letter(s); however, the County s pecifically reserves the right to cancel or modify some of the programs or activities specified in the Award Letter if it seems unlikely Sub -recipient will complete its work before the termination of the contract. Any funding disbursed to Sub- recipient but not yet spent at the time the Agreement is terminated must be returned to the County. All such disbursements continue to be subject to the restrictions otherwise provided in this Agreement or by law.

The Parties will not impose sanctions on each other for a termination for convenience.

(b) With Cause: Either party may terminate this Agreement immediately by written notice to the other Party upon discovery of a material breach by the other Party. A material breach includes, but is not limited to: (i) failure to comply with the terms and conditions of this Agreement or of any Award Letter(s); (ii) a material misrepresentation in relation to this grant program; or (iii) failure to comply with all applicable laws or regulations. The Party seeking to terminate th is Agreement will provide written notice of the material breach and its determination to either suspend or terminate this Agreement to the other Party with a specified date of termination. At a Party’s discretion, it may provide the breaching Party with a reasonable period of time to cure the

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5 breach. If the County terminates this Agreement for cause, the County reserves the right to reduce, modify, or eliminate any or all of this sub-award and any other outstanding SHSGP sub-awards to Sub-recipient. Upon demand by the County, Sub-recipient agrees to immediately return FY 2019 SHSGP funding that has been disbursed to Sub- recipient and which remains in Sub- recipient’s possession at the time this Agreement is terminated. In addition, the payment of any grant f unds that have yet to be disbursed for work already completed by Sub -recipient under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on the County’s confirmation of Sub-recipient’s satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).

The County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure any breach arising out of or resulting from such termination for cause. If this Agreement is terminated for cause, the County may impose sanctions, including possible rejection of future proposals based on specific causes of non- performance.

Furthermore, if this Agreement is terminated for Sub-recipient’s failure to comply with applicable federal statutes or regulations, including, but not limited to, those specifically incorporated into this Agreement by reference, Sub-recipient is advised that the County’s termination decision may be considered in evaluating future applications for federal grant awards. (c) Effects of Completion or Termination: Expiration, completion, or termination of this Agreement shall not terminate the Parties’ obli gations to indemnify, defend, or hold harmless.

Further, it shall not effect Sub- recipient’s duty to maintain and make available any records pertaining to the Agreement; to cooperate with any audit; to be subject to offset; to make any reports of pre -termination contract activities; to honor its obligations related to the disposal or disposition of property purchased with SHSGP funding; to comply with the continuing obligations contained in Exhibit A; or to comply with any other continuing or closeout obli gations required by this Agreement or by federal or state law or regulation, including those specified in 2 CFR Part 200. Where Sub-recipient’s activities or programs have been terminated by the County for cause, said termination will not affect any rights of the County to recover damages from or against Sub- recipient.

(d) Suspension of Performance: Independent of any right to terminate this Agreement, the County’s Authorized Agent may immediately suspend performance by Sub-recipient, in whole or in part, in response to health, safety, or financial emergency, a change in SHSGP grant funding to the County, or a failure or refusal by Sub -recipient to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved or a notice of termination becomes effective.

13. RECORDS. Sub-recipient shall maintain complete and accurate records with respect to the activities, programs, and/or purchases funded by or related to FY 2019 SHSGP funding and/or this Agreement, including all records rel ating to procurement of goods and services. In addition, Sub-recipient shall maintain complete and accurate records with respect to any payments to employees, sub-sub-awardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures required by the County or the Federal or State government. All applicable records shall be clearly identified, maintained on site, and be kept readily accessible.

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6 Sub-recipient further agrees to make all such records available to Federal, State, and County representatives, as further specified in Exhibit A. Sub-recipient shall ensure that members of the public also have access to such records upon request in accordance with the Freedom of Information Act and the California Public Records Act. Sub-recipient specifically agrees to require any sub -sub-recipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with all of these record keeping and access requirements.

Failure to comply with these requirements may result in suspension of payments under the grant, termination of the grant, or both. Sub- recipient may be ineligible for award of any future grants if the County or Cal OES determines that any of the following has occurred: (1) the recipient has made a false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

14. NOTICES. Except as may be otherwise required by law, any notice to be given must be in writing and be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: With a Copy To:

Chief Bill Lynch
County Fire Chief
Kings County Fire Department/
Office of Emergency Management
County Administrative Officer
1400 W. Lacey Blvd.

Hanford, CA 93230

280 Campus Drive
Hanford, CA 93230
Phone No.: (559) 852-2883
Fax No.: (559) 582-8261
Phone No.: (559) 852-2378
Fax No.: (559) 582- 8261
SUBRECIPIENT:

Hanford Police Department
Chief of Police
Parker R. Sever
425 N. Irwin St.

Hanford, CA 93230
Phone No.: 559-585-2540

Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5 th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

15. CONFLICTS WITH LAWS OR REGUL ATIONS/SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject matter, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be returned to the County. Such a termination

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7 will be treated as a termination for cause, as set forth herein. In all other cases, the remainder of the Agreement shall remain in full force and effect.

16. MODIFICATION. No part of this Agreement may be modified without the written consent of both Parties.

17. EXHIBITS AND RECITALS . The Recitals and the Exhibit to this Agreement are fully incorporated into and are integral parts of this Agreement.

18. GOVERNING LAW. This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The Parties agree that this contract is made in and shall be performed in Kings County, California.

19. FURTHER ASSURANCES. Each Party will execute any additional documents and perform any further acts which may be reasonably required to effectuate the purposes of this Agreement.

20. NO THIRD PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

21. CONTINUING WAIVER. The failure of either Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other Party.

22. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.

23. ORDER OF PRECEDENCE. In the event of any conflict or inconsistency betwe en the Agreement and any Award Letter or other communication between the County and Sub- recipient, the terms of this Agreement shall prevail.

24. ASSIGNMENT. This Agreement is entered into by the County in reliance on the identity and representations made by Sub- recipient, and no part of this Agreement or this sub- award (including any equipment purchased with the sub- award) may be assigned, transferred, or sold by Sub- recipient without the prior written consent of the County, which the County may provide, delay, deny, or condition in its absolute discretion. Any FY 2019 SHSGP funds provided to Sub-recipient and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeit to the County at the time of attempted assignment or transfer. Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.

25. COMPLIANCE WITH LAWS. Sub-recipient shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or

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8 approvals required by law to perform the activities or services, or to purchase any equipment, specified in this Agreement.

26. CONFLICT OF INTEREST. Sub-recipient agrees to comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. Sub-recipient further agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interest laws, it will immediately inform the County designated representative and provide all information needed for resolution of this question.

27. COUNTERPARTS. The Parties may sign this Agreemen t in counterparts, each of which is an original and all of which, taken together, form a single document.

28. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the Sub- recipient. As the duly authorized representative of the Sub- recipient, the undersigned hereby certifies that the Sub-recipient has the legal authority to apply for County, State, and Federal assistance and the institutional, managerial and financial capability, including funds sufficient to pay any non-Federal share of project cost, to ensure proper planning, management and completion of the project described in the FY 2019 SHSGP application, within the prescribed timelines.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.

COUNTY OF KINGS

By: ______________________________
Joe Neves, Chairman
Board of Supervisors

Date: ______________________________

ATTEST:

Clerk of the Board of Supervisors

By: ______________________________
Catherine Venturella

Date: ______________________________

Approved as to form:

Diane Freeman, County Counsel

By: ______________________________
Sean Cash, Deputy County Counsel

SUBRECIPIENT

By: ______________________________

Title: ______________________________

Date: ______________________________

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EXHIBIT A
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AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: H

SUBJECT:

Finance: Authorization to enroll in the Low Income Household Water Assistance Program (LIHWAP) and Authorization for the City Manager to execute the agreement with The California Department of Community Services and Horne LLP

RECOMMENDATION:

Staff recommends that the City Council, by motion, authorize staff to enroll into the Low Income Household Water Assistance Program (LIHWAP) that provides financial assistance of up to $2,000 to low-income households to help manage their residential water utility costs and authorize the City Manager to execute the necessary agreements.

BACKGROUND:

This program is not a City administered program, LIHWAP is a customer-based program where qualified, low-income households can apply to their Local Service Provider (LSPs) to receive a one-time credit (up to $2,000) on their water or wastewater bill. The California Department of Community Services and Development (CSD) developed Program Guidelines for the federal Low Income Household Water Assistance Program (LIHWAP) Fiscal Year (FY) 2022-24, offering a program design framework for a one-time federally funded relief program providing financial assistance to low-income households to reduce water and wastewater arrearages prior to and during the COVID-19 pandemic.

On December 27, 2020, the Consolidated Appropriations Act was signed into law and appropriated $638 million to LIHWAP. Additionally, on March 11, 2021, the American Rescue Plan Act appropriated $500 million to LIHWAP. LIHWAP is administered at the federal level by the U.S. Department of Health and Human Services (HHS). CSD was named by Governor Gavin Newsom as the designated agency to administer LIHWAP for the State of California. HHS approved California’s LIHWAP State Plan on November 8, 2021.

The LSP network is made up of nonprofit and local government organizations who will administer the program at the local level which includes customer outreach, intake, eligibility

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verification and identification of the LIHWAP credit amount. Through its third-party funds disbursement partner, HORNE LLP, CSD will commence outreach to and enrollment of water systems into the direct payment program in preparation for issuing benefits to eligible low- income households.

GOAL 1: RELIEF TO LOW-INCOME HOUSEHOLDS
LIHWAP funds will be used as part of an overall emergency effort to prevent, prepare for, and respond to the coronavirus, with the public health focus of ensuring that low-income households have access to safe and clean drinking water and wastewater services throughout California.

LIHWAP is a unique response to economic impacts that will work in conjunction with other COVID-19 economic relief programs such as the Emergency Rental Assistance Program and CWWAPP. LIHWAP funds will be used to supplement the other economic relief programs and support households with remaining water and wastewater debt.

GOAL 2: ARREARAGE RESPONSE PROGRAM
LIHWAP will be administered as a water and wastewater arrearage response program where the level of benefit reduces arrearages, restores services where possible, avoids service disconnections, and/or prevents other adverse effects on the customer such as debt collection or placement of liens. An arrearage is defined as a past due amount owed by a customer for services provided by a water system.

A key component of the agreement is that the agreement states the City shall restore water services on a timely basis or remove disconnection status upon payment from the LIHWAP. In accordance with this provision staff will restore services with applicable reconnection fees and enter into a payment agreement with a customer in accordance with established policy for any balance that may remain.

Customers may find information on how to apply at: https://csd.ca.gov/waterbill which will become available May 2022.

FISCAL IMPACT:

This action will allow the City to enter into a direct payment agreement with the State Department of Community Services and Horne LLP for payment of up to $2,000 for water and waste water accounts that are in need of assistance. As of the date of this reoprt, the City has approximately 600 residential accounts in delinquent status of various balances.

ATTACHMENTS:

Direct Payment Agreement

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DIRECT PAYMENT AGREEMENT

THIS DIRECT PAYMENT AGREEMENT (Agreement) is made and entered into effective as of the date signed below (the “Effective Date”), by and between [___________________________________________________________________________________] (“the Water System”),
[___________________________________________________________________________________] and HORNE LLP, a Delaware limited liability partnership, having a place of business at 661 Sunnybrook Road, Suite 100, Ridgeland, MS 39157 (“HORNE”).

WHEREAS, the California Department of Community Services and Development (“CSD”) is authorized to administer the Low -Income Household Water Assistance Program (“LIHWAP” or “Program”) to provide financial assistance to help low-income Californians manage their residential water utility costs;
WHEREAS, CSD has contracted with HORNE to disburse direct payments to water systems to apply a LIHWAP credit to households identified as eligible for LIHWAP assistance by CSD or its Local Service Providers (LSPs);
WHEREAS, CSD has authorized HORNE to enter into this Agreement with Water System; and WHEREAS, the Water System desires to enroll in LIHWAP and participate in the direct payment service established by the Direct Payment Program.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Water System agrees to receive direct payments from HORNE for the benefit of California residents who qualify for LIHWAP and agrees to abide by all terms and conditions below:

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

Direct Payment Program General Terms and Conditions

1.1 To participate in the Direct Payment Program, a Water System must be defined as a “Community Water System” or “Community Water System Billing Entity” , “Wastewater Treatment Provider” or “Wastewater Billing Entity” (collectively referred to as a “Water System” in this Agreement).

1.2 A “Community Water System” means a public water system with at least 15 service connections used by yearlong residents or regularly services at least 25 yearlong residents.

1.3 A “Community Water System Bi lling Entity” means a third -party entity that is the designated billing entity for a community water system.

1.4 A “Wastewater Treatment Provider ” means a city, county, special district, or joint powers authority that provides wastewater collection, treatment , or disposal service through a publicly owned treatment works.

1.5 A “Wastewater Billing Entity” means a local government entity (city, county, or special district) that is the designated billing entity for a wastewater treatment provider.

1.6 The Water System enrolled in the Direct Payment Program must be the responsible entity for applying the LIHWAP credit to customer accounts.

1.7 Qualified low-income residential customers will be identified by CSD and its LSP partners. CSD will provide HORNE with a direct pay file that contains customer account information as well as the amount for the direct payment to the Water System for each customer. Commercial customers are not eligible for the program.

1.8 HORNE will provide the Water System a direct pay file that contains customer account information and the LIHWAP benefit amount for the purpose of crediting the accounts of qualified low-income residential customers of the Water System who have been identified as eligible for water assistance payments under LIHWAP by CSD or its LSPs.

1.9 HORNE will establish a secure method to provide the direct pay file and customer information to the Water System and a secure method to receive the Direct Payment Summary from the Water System as described in 2.11.

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

1.10 The Water System is encouraged to offer a payment plan or other forms of assistance to customers who have a remaining balance after the LIHWAP benefit is applied to support the continuation of services or the restoration of services for accounts where services are terminated due to nonpayment.

Obligations of the Water System

2.1 Water System shall provide water and/or wastewater services to each eligible and approved residential household for which payment is provided under LIHWAP.

2.2 Water System shall charge LIHWAP residential households using the Water System’s normal billing process, the difference between the actual amount due and the amount of the payment made by the LIHWAP payment.

2.3 Water System shall restore water services on a timely basis or remove disconnection status upon payment, if applicable , and shall confirm this action to H ORNE by submission of the Direct Payment Summary report as specified in provision 2.11.

2.4 Water System shall charge all LIHWAP eligible residential households the same rates charged for home drinking water and/or wastewater services billed to other similarly situated residential households that are non-eligible, as determined by the approved rate setting process.

2.5 Water System shall not apply LIHWAP payments to account balances that have previously been written off or paid off with other customer assistance program funds. The Water System shall return issued LIHWAP payments to HORNE within 15 business days of receipt for accounts where the owed balance has been paid off with other customer assistance program funds or discharged (written off) in its entirety by the Water System along with the Direct Payment Summary specified in 2.11.

2.6 Water System shall apply the LI HWAP benefit to closed accounts to cover the pending balance and shall return any remaining amount of the LIHWAP payment to HORNE within 1 5 days of receipt along with the Direct Payment Reconciliation Summary specified in 2.11.

2.7 Water Systems shall adhere to existing credit return policies when returning funds to a customer that received a LIHWAP benefit, and the account is later closed and there is a remaining LIHWAP credit balance on the account.

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

2.8 Water systems that includ e other services on the customer’s bill shall only apply LIHWAP payments towards the water , wastewater, and/or storm water amount owed including any applicable late fees, reconnection fees, taxes, and other charges.

2.9 Water System shall not discriminate against a LIHWAP eligible household with respect to terms, deferred payment plans, credit, conditions of sale, or discounts offered to other customers.

2.10 Water System shall post all payments to customer accounts with in 5 business days from receipt of payment.

2.11 Water System shall submit to HORNE a Direct Payment Summary (in a format provided by HORNE) that reconciles the associated direct pay file and return payments that could not be credited to customer accounts within 15 business days of receipt of payment. The Direct Payment Summary must contain information on the date the credit was posted, direct pay file date ; the total number of customer accounts that the Water System was successful in fully crediting; and the total number of customer accounts that the Water System was not successful in crediting.

For those customer accounts that were not credited, the Water System shall reflect in the Direct Payment Summary the customer accounts that were not credited to include customer account information (customer name, account number, account address, benefit amount ), and reason why the LIHWAP benefit was unable to be applied to the customer‘s account. The Water System shall use customer and account information contained in the direct pay file to complete the reporting and identification of customer accounts that were not credited.

2.12 Water System shall clearly enter, on the LIHWAP recipient’s bill, the amount of LIHWAP payment(s) received and identify the payment was received from LIHWAP. The credit should appear on the first billing statement after the credit has been posted. If posting on the LIHWAP recipient’s bill is not feasible, the Water System shall send customers a notification of the LIHWAP payment via phone call, letter, text, or email communication as soon as practicable.

2.13 Water System shall cooperate with any Federal or State investigation, audit, or program review related to the administration of LIHWAP to ensure funds are accurately applied to customer accounts in compliance with this Agreement, including allowing CSD and its designated representatives access to all books and records related to the receipt and posting of LIHWAP benefits under review.

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

2.14 Water System is informed that failure to cooperate with any Federal or State investigation, audit, or program review may result in the immediate suspension or disqualification from participation in LIHWAP.

2.15 Water System shall take corrective action in the time frame specified by the CSD if violations of this Agreement are discovered. Corrective action may include, but is not limited to, providing detailed documentation of changes made and detailed plans for future changes that will bri ng the Water System into compliance.

2.16 Water System is informed that failure to implement corrective actions may result in the immediate suspension or disqualification from participation in LIHWAP.

2.17 Water System shall comply with all federal and California privacy laws, and shall take all necessary steps to protect the confidentiality of the information provided by HORNE to the Water System.

Water System agrees to provide required security to ensure the confidential, physical security and safekeepi ng of all data, information files, and documents (“customer information”) pertaining to the recipients of LIHWAP utility assistance payments, while such customer information is in its possession. Water System will, in accordance with applicable law and the terms of this Agreement, protect from unauthorized use and disclosure all sensitive data, documentation, or other customer information provided to Water System by HORNE, CSD, or CSD’s LSPs for purposes of this Agreement.

Term

3.1 The term of this Agreement shall be the effective date of this contract through October 31, 2023.

Project Coordinator

4.1 The Project Coordinator is designated to manage all HORNE inquiries regarding direct payments, issues with the direct payment process, mishandled or incorrect payments, clarification and updates of reports, and fraud and abuse. The Project Coordinator during the term of this Agreement is listed below. The Water System may designate a different Proj ect Coordinator by notifying HORNE in writing.

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

Water System’s Project Coordinator
Name and Title: __________________________________________________________ Company Name: _________________________________________________________ Address: _______________________________________________________________ City, State, and ZIP Code: _________________________________________________ Email: _________________________________________________________________ Phone: (_______) ________-______________________

Additional Provisions

5.1 Amendment. All amendments to this Agreement shall be in writing, signed by HORNE and Water System.

5.2 Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement shall be assigned by any party without the prior written consent of the other parties.

5.3 Merger/Entire Agreement. This Agreement (including the attachments, documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

5.4 Nonwaiver. The waiver by either party of any b reach of any term, covenant, or condition contained in this Agreement, or any default in the performance of any obligations under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation; nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. All waivers shall be in writing.

5.5 Severability. If any provision of this Agreement is found invalid or unenforceable in any resp ect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired and shall remain in full force and effect.

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

5.6 Venue. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State Courts of the County of Sacramento, or where otherwise appropriate, exclusively in the United States District Court for the Eastern Dis trict of California in Sacramento, California.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement, or caused it to be signed by their duly authorized representatives “below”.

HORNE LLP
By: ___________________________________
Name: __Loden Snell_____________ __________
Title: __Deputy Project Manager____ ________
Date: ___________________________________

Water System: [_______________]
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
Date: ___________________________________

4882-0103-6556, v. 1

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Attachment: Direct Payment Agreement (Finance: Authorize Low Income Household Water Assistance Program Enrollment)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: A

SUBJECT:

Clerk: Conduct the fourth and Final Public Hearing of the City's Redistricting Process; Review the final Draft of Maps as previously requested by Council; Receive input from the community regarding the redrawing of City Council District Boundaries; and Adoption of Resolution No. 22-14-R adjusting the boundaries of the City Council election districts as detailed in the selected map

RECOMMENDATION:

1. Receive a report from staff and the City’s redistricting consultant on draft maps;

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

3. Adopt a attached resolution entitled: A resolution of the City Council of the City of Hanford, California regarding By-District Elections, adjusting the boundaries of the City Council election districts and confirming such revised Council district boundaries, as reflected in the attached map.

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 fo ur public hearings and dedicated public outreach to ensure minority populations and communities 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, the secon d public hearing was held on November 16, 2021, the third public hearing was held on March 1, 2022. At the third public hearing the Council selected map options one and two and provided direction to make necessary adjustments to create two majority/minority Hispanic voting districts.

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DISCUSSION:

The purpose of this public hearing is to inform the public about the districting 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 the public’s review. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting 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 singl e 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 insolation; • 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 redistricting 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 were received from members of the public.

At the third public hearing held March 1, 2022, Council expressed support for Options 1 and 2, however requested revisions to determine if a second majo rity/minority voting district could be created. The City’s consultant has revised Options 1 and 2, as found in Options 7 and 8, and created a second majority/minority Hispanic voting district in each option. Each of the maps is

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summarized below, and imag es, along with complete demographic breakdowns for each map option, is attached to this report.

Further, an online viewing tool for all eight maps may be found on the city's 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

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

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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.

Map Option 7

Map Option 7 is a revision to Option 1. It is population balanced, with a deviation of 2.26%.

Like Option 1 It significantly resembles the current boundary map, with minor shifts of population between Districts B and E, and Districts C and D. 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 122 voters from a 2022 voting cycle to a 2024 voting cycle, resulting in those voters being deferred two years. The map draws Districts D and E as majority/minority Hispanic voting districts (districts where the minority citizens of voting age population (CVAP) is 50%+1 or greater). This is an expansion of minority voting representation from the current boundary map, with only District D as a majority/minority Hispanic voting district.

Map Option 8

Map Option 8 is a revision to Option 2. It is population balanced, with a deviation of 1.56%.

Like Options 1, 2 and 7, it resembles the current boundary map. It makes minor shifts of population to reduce the deviation and create a second majority/minority Hispanic voting district in District 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 44 voters from a 2022 voting cycle to a 2024 voting cycle, resulting in those voters being deferred two years.

Next Steps

Following tonight’s hearing, the City Council is required to select a final map and adopt the attached Resolution, concluding the redistricting process. The deadline for adopting the final map is April 17, 2022 is this will be the last scheduled Council Meeting prior to the deadline for map adoption.

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FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Maps and Analysis 4.5.2022
Hanford Resolution Adjust Boundaries of Council Election Districts

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Map Option 1

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 2

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries)

Map Option 3

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 4

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 5

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 6

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Attachment: Maps and Analysis 4.5.2022 (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: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 7

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Attachment: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 7

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

District
Total
Population
Raw
Population
%
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 11,909 -36 -0.30% 4,256 7,337 4,438 450 1,593 5,749 2 641 - 55 B 11,908 -37 -0.31% 5,630 8,495 4,781 463 2,649 5,835 90 258 - 101 C 11,990 45 0.37% 5,982 8,209 4,036 383 3,167 5,041 42 199 - 44 D 11,825 -120 -1.01% 8,407 6,240 1,544 583 3,760 2,482 1 176 - 27 E 12,095 150 1.25% 7,529 6,729 2,370 239 3,460 3,264 131 401 2 107 Total 59,727
Ideal 11,945 Deviation 2.26%

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Attachment: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 8

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Attachment: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) Map Option 8

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

District
Total
Population
Raw
Population
%
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 12,032 87 0.72% 4,295 7,407 4,518 449 1,603 5,814 2 647 - 54 B 11,975 30 0.25% 5,658 8,531 4,813 465 2,655 5,868 90 258 - 102 C 11,846 -99 -0.83% 5,888 8,140 4,000 383 3,134 5,008 42 199 - 44 D 11,863 -82 -0.69% 8,505 6,140 1,409 578 3,778 2,353 1 182 - 28 E 12,011 66 0.55% 7,458 6,792 2,429 243 3,459 3,328 131 389 2 106 Total 59,727
Ideal 11,945 Deviation 1.56%

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Attachment: Maps and Analysis 4.5.2022 (Clerk: Redrawing of City Council Member District Boundaries) 98988.10023\34966940.1

RESOLUTION NO. 22-14-R

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HANFORD, CALIFORNIA REGARDING

BY-DISTRICT ELECTIONS, ADJUSTING THE

BOUNDARIES OF CITY COUNCIL ELECTION

DISTRICTS AND CONFIRMING SUCH REVISED

COUNCIL DISTRICT BOUNDARIES, AS

REFLECTED IN THE ATTACHED MAP

WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and

WHEREAS, California Elections Code § 21601 requires that following each decennial federal census, and using that census as a basis, the Council shall, by ordinance or resolution, adjust the boundaries of any or all of the Council election districts of the City so that the districts shall be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act. In establishing the boundaries of the districts, the Council must give consideration to the following factors in the following priority: (a) contiguity of districts, (b) respecting communities of interest, (c) drawing easily identifiable districts through use of natural or artificial boundaries and (d) compactness of territory in districts; and

WHEREAS, California Elections Code § 21602 requires that the Council adopt a resolution amending Council districts no later than April 17, 2022; and

WHEREAS, on September 27, 2021 , the Census Bureau sent 2020 Census data to the State of California with an official population estimate of 59,727 residents for the City of Hanford; and

WHEREAS, the City Council of the City of Hanford ("City Council") held four public hearings on October 20, 2021, November 16, 2021, March 1, 2022, and April 5 , 2022, where the Council received briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria, including the California Elections Code, the Federal Voting Rights Act and the United States Constitution, heard public testimony, and directed staff and the City's demographic consultant to prepare draft Council district maps for consideration; and

WHEREAS, in addition, City staff conducted public outreach by way of print and digital advertisements. Further, a community workshop was held on January 15, 2022, providing the community the opportunity to view draft

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Attachment: Hanford Resolution Adjust Boundaries of Council Election Districts (Clerk: Redrawing of City Council Member District 98988.10023\34966940.1

maps and learn how to submit their own proposed maps. During the public hearings, public comment was received on redistricting criteria and communities of interest; and

WHEREAS, at the March 1, 2022 and April 5, 2022 public hearings, the Council received a presentation of several draft maps prepared by the City' s demographic consultant for compliance with applicable laws and standards and reviewed additional maps submitted by the public; and

WHEREAS, at the April 5, 2022 public hearing, the City Council agreed on Map _______, designating it as the preferred map and directed that it be presented to the Council for adoption by Resolution; and

WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:

(1) The election districts are geographically contiguous. The districts are arrayed in a simple and logical for m without any islands and with minimal intrusions from the area of one district into another;

(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitutes communities of interest in the public’s view;

(3) The election districts are easily identifiable and understandable by residents. The districts in the preferred map f orm a relatively simple pattern;

(4) To the extent practicable, the election districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations i ncluded in the same districts;

(5) The election districts are balanced in terms of total population and voting age population. The districts are well within the one - person/one-vote deviations permitted under feder al and state voting rights laws; and

(6) The election districts conform to concentration of minority voters.

The preferred map draws Districts D and E as majority/minority voting district(s).

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Attachment: Hanford Resolution Adjust Boundaries of Council Election Districts (Clerk: Redrawing of City Council Member District 98988.10023\34966940.1

WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.

NOW, THEREFORE, THE CIT Y COUNCIL OF THE CITY OF HANFORD DOES RESOLVE AS FOLLOWS:

SECTION 1 . This Resolution is adopted following four noticed City Council public hearings as required by California Elections Code section 21607.1.

SECTION 2. City Council elections shall continue to be conducted "by districts" in five districts as set forth in Exhibit A . The term “by district” shall mean election of members of the legislative body b y voters of the district alone, as provided in Government Code Section 34871(d).

SECTION 3. All ordinances and resolutions, or parts thereof in conflict with this Resolution are hereby repealed.

SECTION 4. The City Manager is directed to take all necessary steps to give effect to this Resolution. If necessary to facilitate the implementation of this Resolution, the City Manager or his or her designee is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attor ney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 7. The City Clerk is hereby directed to provide a certified copy of this Resolution to the Kings County Registrar of Voters for use in subsequent Hanford City Council Elections.

SECTION 8. Compliance with California Environmental Quality Act. This activity is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines , (Cal. Code Regs., tit. 14, § 15000 et seq.) §§ 15061(b)(3), 15320, and 15378(b)(3). The redistricting process is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event

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Attachment: Hanford Resolution Adjust Boundaries of Council Election Districts (Clerk: Redrawing of City Council Member District 98988.10023\34966940.1

the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines, § 15300.2 apply.

SECTION 9. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffecti ve by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 5th day of April, 2022.

Kalish Morrow, Mayor

I, Natalie Corral, City Clerk of the City of Hanford, California, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Hanford on the 5th day of April, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Natalie Corral, City Clerk

EXHIBIT A

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Attachment: Hanford Resolution Adjust Boundaries of Council Election Districts (Clerk: Redrawing of City Council Member District 98988.10023\34966940.1

Final District Boundary Map

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Attachment: Hanford Resolution Adjust Boundaries of Council Election Districts (Clerk: Redrawing of City Council Member District

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: B

SUBJECT:

City Attorney: Approval of Resolution Nos. 22-11-R, 22-12-R, and 22-13-R, and Introduction of Ordinance No. 22-04 related to the creation of the Community Facilities District for the Live Oak Development

RECOMMENDATION:

It is recommended that the Council, by motion, approve Resolution No. 22-11-R, 22-12-R, and 22-13-R, and, by motion, waive the first reading of Ordinance 22-04 and pass the Ordinance to a second reading.

Recommended Motion #1: I move to approve Resolution No. 22-11-R.

Recommended Motion #2: I move to approve Resolution No. 22-12-R.

Recommended Motion #3: I move to approve Resolution No. 22-13-R.

Recommended Motion #4: I move that the first reading of Ordinance 22-04 be waived and that the Ordinance be passed to a second reading.

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.

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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 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 law allows CFDs to provide a wide variety of services. With respect to future CFDs, the Council may choose to have those districts provide additional services (e.g., road maintenance services).

The Council previously approved Resolution 22-05-R, which started the CFD creation process by: (i) establishing April 5, 2022 as the date for a hearing on the CFD’s formation; and (ii) directing that a report be prepared for the formation hearing. A copy of the hearing report prepared by DTA is attached. Through Resolution 22-05-R, the Council also approved a proposed rate and method of apportion (RMA) for CFD special taxes. The RMA proposes an initial special tax of up to $897.00 per dwelling and each final mapped residential parcel and $3,885 per acre tax for non-residential property. The tax will be adjusted annually by the greater of CPI or 3.5%, with each annual increase capped at 6.0%. Unmapped portions of Live Oak will not be subject to the special tax.

City staff and the City Attorney recommend that, at the conclusion of the public hearing, the Council adopt Resolution 22-11-R, which will approve the following:

· Finding that owners of a majority of the land within the CFD have not protested the CFD’s formation.

· List of CFD services.

· Special tax to pay for the CFD’s services.

· Establishment of an annual appropriations limit of $1,153,806.00, which is equal to the maximum special tax that the CFD may levy in its first year.

· Designate the Finance Director as the City official responsible for annually preparing a current roll of special tax levy obligations, estimating special tax levies, and for responding to inquiring regarding special tax levies.

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· Addition of the CFD special tax to the tax bills for each developed or mapped property within the CFD. Alternatively, the City may choose to directly bill each landowner for the taxes associated with each owner’s property.

· Submission of tax levy and appropriations limit to the owners of land within the CFD for approval.

By approving Resolution 22-12-R, the Council will take the following actions:

· Determine that, under CFD law, the owners of land in the CFD are the qualified electors for purposes of approving the tax levy and appropriations limit.

· Call a special election for April 5.

· Approve a form of ballot.

· Find that the landowners have waived election formalities, which allows the election to occur on April 5.

· Approve the creation of a special account or fund for the CFD tax monies received by the City.

Completed ballots have been returned by owners of land within the CFD and are included with this report. By approving Resolution 22-13-R, the Council will take the following actions regarding the election:

· Find that the more than two-thirds (2/3rds) of the votes cast approve the special tax levy and the $1,153,806.00 annual appropriations limit.

· Direct the City Clerk to record a Notice of Special Tax Lien (copy attached) against the properties located in the CFD.

Ordinance No. 22-04 will establish the special tax levy approved by the CFD landowners and will authorize the collection of tax payments.

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ATTACHMENTS: Resolution No. 22-11-R, 22-12-R, and 22-13-R, Ordinance 22-04, hearing report, completed ballots, Notice of Special Tax Lien.

FISCAL IMPACT:

ATTACHMENTS:
2022.03.28 Resolution of Formation - FINAL
2022.03.28 Ordinance Approving Tax Levy - FINAL
2022.03.28 Resolution Calling Special Election - FINAL
2022.03.28 Resolution Declaring Election Results - FINAL 2022.03.28 Staff Report - CFD Formation, Election, and Tax Levy - FINAL 2022.03.30 Tax Lien - FINAL
City of Hanford CFD 2022-01 CFD Report FINAL

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1 RESOLUTION NO. 22-11-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD, CALIFORNIA, TO FORM COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE

OAK) AND TO LEVY SPECIAL TAXES THEREIN

At a regular meeting of the City Council of the City of Hanford, duly called and held on April 5, 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, on March 1, 2022, the City Council of the City of Hanford (“Council”) adopted Resolution 22- 05-R (“Resolution of Intention”) with respect Community Facilities District No. 2022-01 (Live Oak) (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 commencing which Section 53311 of the California Government Code (“Act”); and

WHEREAS, the Resolution of Intention incorporates a map of the proposed boundaries of th e CFD, identifies the public services (“Services”) to be provided and the method of apportionment of the special taxes to be levied within the CFD to pay the cost of providing such Services, and is on file with the City Clerk , and the provisions thereof are incorporated herein by reference; and

WHEREAS, The Services to be provided, as stated in the Resolution of Intention, are set forth in Exhibit “A” hereto, which is incorporated herein by reference; and

WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the Services to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and

WHEREAS, at the hearing, evidence was presented to the Council on said matters before it, including the CFD Report (“Report”) as to the Services to be provided in the CFD and costs thereof and incidental expenses related thereto, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised of the contents of the Report; and

WHEREAS, written protests with respect to the formation of the CFD, the furnishing of the Services, or the rate and method of apportionment of the special taxes have not been filed with the City Clerk by owners of one-half (1/2) or more of the area of land within the CFD that will be subject to the proposed special tax; and

WHEREAS, the special tax proposed to be levied in the CFD has not been eliminated by protest by owners of one-half (1/2) or more of the area of land within the CFD that will be subject to the special tax.

NOW THEREFORE, the City Council resolves:

Section 1. No Majority Protest. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to Section 53324 of the Act.

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 Section 2. Name of CFD. Community Facilities District No. 2022-01 (Live Oak) is hereby established pursuant to the Act.

Section 3. Boundaries of CFD. The boundaries of the CFD are set forth in the map of the CFD heretofore recorded in the Kings County Recorder’s Office on March 3, 2022 in Book 26, at

Section 4. Description of Services. The Services to be financed by the CFD shall consist of those items listed in the attached Exhibit “A.”

Section 5. Special Tax.

a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (“Special Tax”) s ufficient to pay the costs thereof, secured by the recordation of a continuing lien, 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 may be prescribed by the Council.

b. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are s hown in the attached Exhibit “B,” which is incorporated herein by reference.

Section 6. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies as a result of development occurring in the CFD. The Services are in addition to those provided in the territory of the CFD before the CFD was created and are additional services , which do not supplant services already available within such territory at this time.

Section 7. Appropriations Limit. Under section 53325.7 of the Act, and subject to the voter approval requirement in that section, the CFD’s appropriations limit, as defined by subdivision (h) of section 8 of article XIIIB of the California Constitution, subject to adjustment as provided therein, is established in the amount of One Million, One Hundred Fifty-Three Thousand, Eight Hundred Six Dollars ($1,153,806.00).

Section 8. Responsible Official. The Director of Finance of the City of Hanford or his/her designee shall be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number, estimating future Special Tax levies and for establishing procedures to promptly respond to inquiries regarding estimates of future Special Tax levies. The City may contract with private consultants to provide this service in lieu of the Director of Finance.

Section 9. Tax Lien. The Special Tax will be collected and enforced as a separate line item on regular property tax bill s. Ho wever, the City Council reserves the right, under Section 53340 of the Act, to utilize any method of collecting the Special Tax, which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing. In particular, the City may bill the

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 2022-2023 Special Taxes directly, and not post those taxes to the regular, security property tax roll. The procedure for collect ion in any case when the City chooses to collect the Special Tax through direct billing shall be as follows:

After levy by the City Council, whether pursuant to an authorizing ordinance or annual resolution, the City’s Director of Finance or his/her designee shall prepare and send to the property owners by first class U.S. Mail, at their addresses shown on the last equalized assessment roll, a tax bill, which shall specify the amount due, give instructions for payment to the City’s Director of Finance or his/her designee, state (as is hereby authorized and provided) that the first installment of the Special Tax (50% of the annual Special Tax shall be payable in each installment) shall be delinquent if not received by the City’s Finance Director by the clos e of business on the next succeeding December 10, and the second installment shall be delinquent if not paid to the City’s Director of Finance by the close of business on the next succeeding April 10, shall specify (as is hereby authorized and provided) that all delinquencies shall incur immediately a ten percent (10%) penalty, and an additional one and one-half percent (1.5%) penalty on the first day of each month beginning with the next succeeding September 1, and shall specify (as is hereby authorized and provided) that delinquencies are subject to judicial foreclosure under the procedure set forth in Section 53356.1, et seq., of the Government Code.

The City Council, as an alternative enforcement mechanism, may by resolution, elect to place delinquent Special Taxes on the next secured property tax roll. In such event, attorneys’ fees and costs to date in any foreclosure action, and penalties on the delinquency through the following December 1, may be included in the amount to be placed on the roll. Both remedies may be pursued simultaneously, but if the property owner pays the regular property tax bill for the subsequent year, including the delinquent Special Tax posted to that bill, the foreclosure action may thereafter be pursued solely for attorneys’ fees and costs incurred subsequent to the posting of the delinquent Special Tax on the secured roll.

Section 10. Election. Pursuant to the provisions of the Act and the proposition of the levy of the Special Tax, there shall be submitted to the qualified electors of the CFD at an election, the time, place, and conditions of which election shall be as specified by a separate resolution of the Council. The qualified electors for the election to be held in these proceedings shall be the landowners owning land within the CFD. T he City Council will conduct the election by mailed ballot and hereby designates the City Clerk as the official to conduct the mailed- ballot election; provided however, the City Clerk may conduct the election by alternat ive means if election formalities are waived the landowners.

Section 1 1. Prior Proceedings Valid. The City Council finds and determines that all proceedings up to and including the adoption of this Resolution were and are valid and in conformity with t he requirements of the Act. This determination and finding are final and conclusive in accordance with Government Code Section 53325.1.

Section 1 2. Effectiveness . T his Resolution shall take effect immediately upon its adoption.

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 4 PASSED, ADOPTED AND APPROVED this 5th day of April , 2022 by the following vote:

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

Approved _______________________________

KALISH MORROW
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 5
th day of April, 2022.

Date:

City Clerk

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “A”

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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, buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, restrooms, barbeques, and other park improvements and amenities within t he 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, r eplacement, 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 o f graffiti and payment of electric, water, 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 gra ffiti and payment of electric, water, and other utility costs.

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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 bas ed 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 ot herwise 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: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “B”

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Attachment: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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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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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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: 2022.03.28 Resolution of Formation - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 1 ORIDINANCE NO. 22-04

AN ORDINANCE OF THE CITY OF HANFORD LEVYING A SPECIAL TAX WITHIN CITY OF HANFORD COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK)

WHEREAS, on April 5, 2022, the City Council of the City of Hanford adopted a Resolution of Formation (Resolution No. 22- 11-R) with respect to Community Facilities District 2022-01 (Live Oak) (“CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (“Act”), to pay the cost of providing certain public services (“Services”) to the territory within the CFD; and

WHEREAS, notice was published as required by the Act relative to the intention of the Council to form the CFD and to provide for the Services; and

WHEREAS, the Council held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to pay the cost of providing the Services to the territory within the CFD; and

WHEREAS, at said hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by the Council, and a full and fair hearing was held; and

WHEREAS, subsequent to the hearing, the City Council adopted Resolution of Formation and a Resolution calling special election (Resolution No. 22-12-R), which resolutions established the CFD, authorized the levy of a special tax within the CFD, and called an election within the CFD on the propositions of levying a special tax and establishing an appropriations limit within the CFD; and

WHEREAS, on April 5, 2022, a special election was held within the CFD at which the eligible landowner-electors approved such propositions by the two- thirds (2/3rds) vote required by the Act.

NOW, THEREFORE, the City Council of the City of Hanford does hereby ordain as follows:

Section 1. By passage of this Ordinance, the Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula set forth in the Resolution of Formation, which Resolution is incorporated herein by reference. The special taxes are hereby levied commencing in fiscal year 2022-2023 and in each fiscal year thereafter, all as contemplated by the Resolution of Formation.

Section 2. The City’s Director of Finance is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuring fiscal

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Attachment: 2022.03.28 Ordinance Approving Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 year for each parcel of real pr operty within the CFD, in the manner and as provided in the Resolution of Formation.

Section 3. Properties or entities of the federal, state, or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes b e levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation.

Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the City in administering the CFD and the costs of collecting and administering the special tax.

Section 5. The special taxes shall be collected either by direct billing of the property owner or in the same manner as ordinary ad valorem taxes are collected and, in either case, shall have the same lien priority, and be subject to the same penalties and the same sales procedures in cases of delinquency as provided for ad valorem taxes; provided however, the provisions of the Act with regard to collection are applicable, and the Council may provide for other appropriate methods of collection by resolution.

Section 6. If for any reason, any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected.

Section 7. This Ordinance shall take effect thirty (30) days after its adoption and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage or a summary of this ordinance shall be published in the Hanford Sentinel in a manner consistent with the requirements of the California Government Code.

PASSED, ADOPTED AND APPROVED this ______ day of April, 2022 by the following vote:

AYES: __________________________________________________________________ NOES: __________________________________________________________________ ABSTAIN: __________________________________________________________________ ABSENT: __________________________________________________________________

___________________________

KALISH MORROW
MAYOR of the City of Hanford

Attest:

_____________________________________

CITY CLERK

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Attachment: 2022.03.28 Ordinance Approving Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 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 Ordinance was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the _______ day of April, 2022.

Date: _______________________ ________________________________ City Clerk

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Attachment: 2022.03.28 Ordinance Approving Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 1 RESOLUTION NO. 22-12-R

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

CALIFORNIA, CALLING A SPECIAL ELECTION IN 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 April 5, 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, on April 5, 2022, the City Council of the City of Hanford (“City Council”) adopted Resolution No. 22-11-R (“Resolution of Formation”) ordering the formation of the City’s Community Facilities District No. 2022-01 (Live Oak) (“CFD”), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code (“Act”); and

WHEREAS, pursuant to the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the provisions of the Act.

NOW, THEREFORE, the City Council resolves:

Section 1. Issues Submitted. Pursuant to Sections 53326 and 53325.7 of the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (defined below) of the CFD at an election called therefor as provided below.

Section 2 . Qualified Electors . The Council hereby finds that fewer than twelve (12) persons have been registered to vote within the territory of the CFD for each of t he 90 days preceding the close of the public hearing heretofore conducted a nd concluded by the Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that vote shall be by such landowners or their authorized representatives, each having one (1) vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing.

Section 3. Conduct of Election. The Council hereby calls a special election to consider the measures described in Section 1 above, which election shall be held on April 5, 2022 and the results thereof canvassed at the meeting of the Council on April 5, 2022. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 7:00 p.m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail -delivered ballot pursuant to Section 4000 of the

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 California Elections Code ; provided however, the City Clerk may conduct the election by alternative means if election formalities are waived by the landowners.

Section 4. Ballot. As authorized by Section 53353.5 of the Act, the two (2) propositions described in Section 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit “A,” which is incorporated herein by reference, and the form of ballot is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit “A,” to be delivered to each of the qualified electors of the CFD.

Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage repaid, and contain the following: (a) the name and address of the landowner, (b) a declaration under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board of the election. Notwithstanding the foregoing, the City Clerk may conduct the election by alternative means if election formalities are waived by the landowners.

Section 5. Waivers. The City Council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of ninety (90) da ys following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualifi ed electors of the CFD. There is on file with the City Clerk a written waiver executed by the qualified electors of the CFD allowing for the shortening of time for the special election to expedite the process of formation of the CFD and waiving any requi rement for notice, analysis, and arguments in connection with the election. Accordingly, the Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings.

Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

Section 6. Accountability. Under Section 50075.1 of the Government Code, the following accountability measures shall apply to the Special Taxes: (a) the Services and the incidental costs thereof, all as described in the Resolution of Formation shall constitute the specific single purpose of the Special Tax; (b) the proceeds of the Special Tax shall be applied only to the specific purposes identified in (a) above; (c) there shall be created a special account(s) or fund(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 of the Government Code.

Section 11. Effectiveness . T his Resolution shall take effect immediately upon its adoption.

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 PASSED, ADOPTED AND APPROVED this 5th day of April , 2022 by the following vote:

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

Approved _______________________________

KALISH MORROW
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 5
th day of April, 2022.

Date:

City Clerk

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “A”

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK)

OFFICIAL BALLOT

This Ballot is for a special landowner election. You must return this ballot in person or by use of the pre-addressed stamped envelope that accompanied this ballot to the office of the City Clerk of the City of Hanford no later than 7:00 p.m. on April 5, 2022. The City Clerk’s office is located at 319 N. Douty, Hanford, CA 93230.

This ballot is for the use by the following owner of land or his/her/their/its authorized representative within City of Hanford Community Facilities District No. 2022-01 (Live Oak).

Landowner Name and Address Numbers of
Acres Owned

Total Votes

To vote, marked a cross (X) in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hanford and obtain another.

BALLOT MEASURE: Shall the City of Hanford, by and
for Community Facilities District No. 2022 -01 (Live Oak) (“CFD”), be authorized to: (i) levy special taxes within the CFD to finance the CFD services; and (ii) establish an
appropriations limit for the CFD, all as described in the City Council’s Resolution of Formation adopted on April 5, 2022? YES: 

NO: 

Certification for Special Election Ballot

The undersigned is/are the above -named landowner(s) or the authorized representative(s) of the above-named landowner(s) and is/are legally authorized and entitled to cast this ballot on behalf of the above-named landowner(s).

By execution of this Ballot, the undersigned also confirms the waiver of the time limit pertaining to the conduct of the election and any requirement of notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53227(b) of the California Government Code.

I/we declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration is executed on _____________, 2022 at _________________, California.

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

___________________________________
Signature

___________________________________
Printed Name

___________________________________
Signature

___________________________________
Printed Name

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Attachment: 2022.03.28 Resolution Calling Special Election - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 1 RESOLUTION NO. 22-13-R

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

CALIFORNIA, DECLARING ELECTION RESULTS OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK) AND LEVYING SPECIAL TAX

At a regular meeting of the City Council of the City of Hanford, duly called and held on April 5, 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, on April 5, 2022, the City Council of the City of Hanford (“City Council”) adopted Resolution No. 22-11-R (“Resolution of Formation”) ordering the formation of the City’s Community Facilities District No. 2022-01 (Live Oak) (“CFD”), authorizing the levy of a special tax on the property within the CFD and preliminar ily establishing an appropriations limit for the CFD, all pursuant to the Mello- Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (“Act”); and

WHEREAS, under the provisions of the Resolution of Formation, and pursuant to Resolution No. 22-12- R (“Election Resolution”), which called a special election in the CFD, heretofore adopted by the Council, the propositions of the levy of the special tax and the establishment of a n appropriations limit were submitted to the qualified electors of the CFD as required by the provisions of the Act; and

WHEREAS, pursuant to the terms of the Election Resolution, whic h are incorporated herein by reference, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election (“Canvass”), a copy of which is attached hereto as Exhibit “A,” which is incorporated herein by reference; and

WHEREAS, the Council has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings of the CFD.

NOW, THEREFORE, the Council resolves:

Section 1. Issues Presented. The issues presented at the special election were the levy of the special tax within the CFD and the approval of an annual appropriations limit of not to exceed One Million, One Hundred Fifty-Three Thousand, Eight Hundred Six Dollars ($1,153,806.00), all pursuant to the Resolution of Formation.

Section 2. Canvass and Issues Approved. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than a two-thirds vote cast at the special election.

Section 3. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established

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Attachment: 2022.03.28 Resolution Declaring Election Results - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by the Council with respect to the CFD were valid and in conformity with the Act.

Section 5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute, and cause to be record in the office of the County Recorder of the County of Kings a notice of special tax lien in the form required by the A ct, such recording to occur no la ter than fifteen (15) days following adoption of this Resolution.

Section 6. Direction to Add Special Tax to Tax Roll. Concur rent with the Council’s adoption of this Resolution, the Council is considering an Ordinance that will: (i) approve the levy of the CFD special tax; (ii) authorize the City’s Director of Finance to determine the specific tax rate and amount to be levied for each fiscal year; and (iii) authorize the special tax to be collected in the same manner as ordinary ad valorem taxes. Upon the Council’s adoption of the Ordinance, the City’s Finance Director is authorized and directed to exercise such authority and to su bmit a copy of this Resolution, the Ordinance, and a certified list of parcels subject to the special tax levy, including the amount of the tax to be levied on each parcel for fiscal year 2022-2023, to the Kings County Auditor for the addition of such tax to the tax roll. It is the Council’s intent that the CFD special tax be added to the tax roll and be collected with the ordinary ad valorem taxes of every non-exempt property each fiscal year.

PASSED, ADOPTED AND APPROVED this 5
th day of April , 2022 by the following
vote:

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

Approved _______________________________

KALISH MORROW
MAYOR
Attest:

________________________

NATALIE CORRAL

CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )

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Attachment: 2022.03.28 Resolution Declaring Election Results - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 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 5th day of April, 2022.

Date:

City Clerk

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Attachment: 2022.03.28 Resolution Declaring Election Results - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “A”

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Attachment: 2022.03.28 Resolution Declaring Election Results - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

CERTIFICATE OF CITY CLERK

CANVASS AND STATEMENT OF RESULTS OF ELECTION

CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2022-01 (LIVE OAK)

* * * * *

I, Natalie Corral, City Clerk of the City of Hanford (“City”) hereby certify:

I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the City Council in Resolution of Formation (Resolution No. 22-11-R), adopted April 5, 2022, and in accordance with that Resolution, I hereby declare the election closed.

I personally, in the presence of the City Council, and members of the public and City staff, counted the ballots and certify the result of that count to be as follows:

TOTAL VOTES THAT COULD BE CAST: _______

TOTAL VOTES CAST “YES”: _______

TOTAL VOTES CAST “NO”: _______

TOTAL VOTES CAST: _______

THE VOTES CAST “YES” EQUAL _____% OF THE TOTAL VOTES CAST.

I make this Certification on April 5, 2022.

____________________________

NATALIE CORRAL
City Clerk

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Attachment: 2022.03.28 Resolution Declaring Election Results - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

MEETING DATE: AGENDA SECTION:

TO: Mayor and City Council
FROM:

DATE:

SUBJECT:

RECOMMENDATION:

It is recommended that the Council, by motion, approve Resolution No. 22-11-R, 22-12-R, and 22-13-R, and, by motion, waive the first reading of Ordinance 22-04 and pass the Ordinance to a second reading.

Recommended Motion #1: I move to approve Resolution No. 22-11-R.

Recommended Motion #2: I move to approve Resolution No. 22-12-R.

Recommended Motion #3: I move to approve Resolution No. 22-13-R.

Recommended Motion #4: I move that the first reading of Ordinance 22-04 be waived and that the Ordinance be passed to a second reading.

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 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

APPROVED

DEPARTMENT HEAD ______

CITY ATTORNEY _______

CITY MANAGER _______
AGENDA

STAFF REPORT

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Attachment: 2022.03.28 Staff Report - CFD Formation, Election, and Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22- for the funding of a broader range of expenses, including maintenance of storm drainage facilities.

The law allows CFDs to provide a wide variety of services. With respect to future CFDs, the Council may choose to have those districts provide additional services (e.g., road maintenance services).

The Council previously approved Resolution 22-05-R, which started the CFD creation process by: (i) establishing April 5, 2022 as the date for a hearing on the CFD’s formation; and (ii) directing that a report be prepared for the formation hearing. A copy of the hearing report prepared by DTA is attached. Through Resolution 22-05-R, the Council also approved a proposed rate and method of apportion (RMA) for CFD special taxes. The RMA proposes an initial special tax of up to $897.00 per dwelling and each final mapped residential parcel and $3,885 per acre tax for non-residential property. The tax will be adjusted annually by the greater of CPI or 3.5%, with each annual increase capped at 6.0%. Unmapped portions of Live Oak will not be subject to the special tax.

City staff and the City Attorney recommend that, at the conclusion of the public hearing, the Council adopt Resolution 22-11-R, which will approve the following:

• Finding that owners of a majority of the land within the CFD have not protested the CFD’s formation.

• List of CFD services.

• Special tax to pay for the CFD’s services.

• Establishment of an annual appropriations limit of $1,153,806.00, which is equal to the maximum special tax that the CFD may levy in its first year.

• Designate the Finance Director as the City official responsible for annually preparing a current roll of special tax levy obligations, estimating special tax levies, and for responding to inquiring regarding special tax levies.

• Addition of the CFD special tax to the tax bills for each developed or mapped property within the CFD. Alternatively, the City may choose to directly bill each landowner for the taxes associated with each owner’s property.

• Submission of tax levy and appropriations limit to the owners of land within the CFD for approval.

By approving Resolution 22-12-R, the Council will take the following actions:

• Determine that, under CFD law, the owners of land in the CFD are the qualified electors for purposes of approving the tax levy and appropriations limit.

• Call a special election for April 5.

• Approve a form of ballot.

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Attachment: 2022.03.28 Staff Report - CFD Formation, Election, and Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22- • Find that the landowners have waived election formalities, which allows the election to occur on April 5.

• Approve the creation of a special account or fund for the CFD tax monies received by the City.

Completed ballots have been returned by owners of land within the CFD and are included with this report. By approving Resolution 22-13-R, the Council will take the following actions regarding the election:

• Find that the more than two-thirds (2/3rds) of the votes cast approve the special tax levy and the $1,153,806.00 annual appropriations limit.

• Direct the City Clerk to record a Notice of Special Tax Lien (copy attached) against the properties located in the CFD.

Ordinance No. 22-04 will establish the special tax levy approved by the CFD landowners and will authorize the collection of tax payments.

ATTACHMENTS: Resolution No. 22-11-R, 22-12-R, and 22-13-R, Ordinance 22-04, hearing report, completed ballots, Notice of Special Tax Lien.

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Attachment: 2022.03.28 Staff Report - CFD Formation, Election, and Tax Levy - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22- 1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF HANFORD
Attn: City Clerk
319 N. Douty St.

Hanford, CA 93230

NOTICE OF SPECIAL TAX LIEN

CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT 2022-01 (LIVE OAK)

Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Hanford, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of City of Hanford, State of California. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of certain services, as well as to pay the administrative expense of Community Facilities District No. 2022-01 (Live Oak), all as described in the attached Exhibit “A,” which is incorporated herein by reference.

The special tax is authorized to be levied within Community Facilities District No. 2022- 01 (Live Oak) that has now been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in the attached Exhibit “B,” which is incorporated herein by reference. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: none.

Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within Community Facilities District No. 2022-01 (Live Oak) in accordance with Section 3115.5 of the Streets and Highways Code.

The name(s) of the owner(s) and the assessor’s tax parcel number(s) of the real property included within this community facilities district and not exempt from the special tax as they appear on the latest secured assessment roll as of the date of recording of this Notice or as otherwise known to the City of Hanford are as set forth in the attached Exhibit “C,” which is incorporated herein by reference.

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Attachment: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 Reference is made to the boundary map of the community facilities district recorded at Book 26 of Maps of Assessment and Community Facilities Districts at Page 99, in the office of the County Recorder for the County of Kings, State of California which map is now the final boundary map of Community Facilities District No. 2022-01 (Live Oak).

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Hanford’s Finance Director at 315 N. Douty St., Hanford, CA 93230, telephone number (559) 585-2506.

Dated: ______________, 2022

_____________________________

NATALIE CORRAL
City Clerk

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Attachment: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 STATE OF CALIFORNIA )
) SS

COUNTY OF KINGS )

On ______________, 2022, before me, _________________________________, Notary Public, personally appeared NATALIE CORRAL, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in her authorized capacity, and that by her signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(SEAL)

_________________________________

NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “A”

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Attachment: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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, buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, restrooms, barbeques, and other park 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, water, and other utility costs.

Stormwater Facilities

Maintenance, including, without limitation, servicing, repair, improvement, replaceme nt, 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: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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 li mitation, 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: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,)

EXHIBIT “B”

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Attachment: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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: 2022.03.30 Tax Lien - FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-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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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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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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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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EXHIBIT “C”

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OWNER APN
PRESIDRIO JJR HIDDEN OAKS 104, LLC 011-570-001 011-570-023 011-570-002 011-570-024
011-570-003 011-570-025
011-570-004 011-570-026
011-570-005 011-570-027
011-570-006 011-570-028
011-570-007 011-570-029
011-570-008 011-570-030
011-570-009 011-570-032
011-570-010 011-570-033
011-570-011 011-570-034
011-570-016 011-570-035
011-570-017 011-570-036
011-570-018 011-570-037
011-570-019 011-570-038
011-570-020 011-570-039
011-570-021 011-570-040
011-570-022

PRESIDIO JJR STERLING OAKS, 104,
LLC
011-580-001 011-580-021 011-580-041
011-580-002 011-580-022 011-580-042
011-580-003 011-580-023 011-580-043
011-580-004 011-580-024 011-580-044
011-580-005 011-580-025 011-580-045
011-580-006 011-580-026 011-580-046
011-580-007 011-580-027 011-580-047
011-580-008 011-580-028 011-580-048
011-580-009 011-580-029 011-580-049
011-580-010 011-580-030 011-580-050
011-580-011 011-580-031 011-580-051
011-580-012 011-580-032 011-580-052
011-580-013 011-580-033 011-580-053
011-580-014 011-580-034 011-580-054
011-580-015 011-580-035 011-580-055
011-580-016 011-580-036 011-580-056
011-580-017 011-580-037 011-580-057
011-580-018 011-580-038 011-580-058
011-580-019 011-580-039 011-580-059
011-580-020 011-580-040 011-580-060
011-580-061
PRESIDIO JJR HIDDEN OAKS 014, LLC

AND PRESIDIO JJR STERLING OAKS
104, LLC
011-110-049
IMPLACABLE PROPERTIES 011-110-016
011-110-022 PTN

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011-110-030 PTN

FOREBAY FARMS, LLC 011-040-017
011-040-018
001-040-019
001-040-020
LYNETTE MORAN 011-570-012
CYNTHIA & PEDRO FIGUEROA 011-570-013
BLANCA ELENA REVELES 011-570-014
ERIK BARBA 011-570-015

COREY LEE THOMAS PRUITT

MARISELA ESCARENO
ROVAUGHN J. BOSWELL

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COMMUNITY FACILITIES

DISTRICT REPORT

CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(LIVE OAK)
Report Date: April 5, 2022

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www.FinanceDTA.com 5000 Birch Street, Suite 3000
Newport Beach, CA 92660

CITY OF HANFORD

COMMUNITY FACILITIES DISTRICT REPORT
Community Facilities District No. 2022-01
(Live Oak)
Prepared for:

City of Hanford
North Douty Street
Hanford, CA 93230

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TABLE

OF CONTENTS

SECTION PAGE
INTRODUCTION ....................................................................... 1 I  PROJECT DESCRIPTION ................................................ 2 II  DESCRIPTION AND ESTIMATED COSTS OF
PROPOSED FACI LITIES .................................................. 3 III  BONDED INDEBTEDNESS AND
INCIDENTAL EXPENSES ...... ERROR! BOOKMARK NOT
DEFINED.

IV  RATE AND METHOD OF APPORTIONMENT
OF THE SPECIAL TAX ..................................................... 5 V  BOUNDARIES OF THE CFD ............................................ 7 VI  GENERAL TERMS AND CONDITIONS ......................... 8

APPENDICES

APPENDIX A RMA

APPENDIX B BOUNDARY MAP

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 1 INTRODUCTION

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

INTRODUCTION
WHEREAS, the City Council of the City of Ha nford (hereinafter referred to as the "City Council") did, pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" (the “Act”), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District (“CFD”). This CFD being City of Hanford Community Facilities District No. 2022-01 (Live Oak) shall hereinafter be referred to as "CFD No. 2022- 01"; and
WHEREAS, A Resolution of the City Council Declaring Intention to Establish Proposed Community Facilities District No. 2022-01 (City Council) of City of Hanford (hereinafter referred to as “Resolution of Intention”) did di rect that said Report generally contain the following:

1. A brief description of the services that will be required to adequately meet the needs of CFD No. 2022-01;

2. An estimate of the fair and reasonable cost of providing those services; and

3. Any incidental expenses to be incurred in connection therewith.

NOW, THEREFORE, DTA (formerly David Taussig & Associates) does hereby submit this Report.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 2 SECTION I

PROJECT DESCRIPTION

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

I PROJECT DESCRIPTION
CFD No. 2022-01 encompasses approximately 36 7.71 gross acres of land located in the southwest portion of the City of Hanford (the “City”), County of Kings, commonly known as “Live Oak.” The CFD is bisected by 12 th Avenue and immediately bounded on the north by Hume Avenue and on the south by Houston Av enue. Of this acreage, approximately 297 acres are expected to be developed into uses subject to a special tax levy. At build-out, the property within CFD No. 2022-01 is anticipated to consist of 1,286 residential units.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 3 SECTION II

DESCRIPTION AND ESTIMATED

COSTS OF PROPOSED SERVICES

AND INCIDENTAL EXPENSES

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

II DESCRIPTION AND ESTIMATED COSTS OF PROPOSED SERVICES AND

INCIDENTAL EXPENSES
A Description of Proposed Public Services
A community facilities district may provide f or financing of certain public services which are necessary to meet increased demands pl aced upon local agencies as a result of development or rehabilitation occurring within the community facilities district. Below is the description of public services authorized by CFD No. 2022-01:

Park maintenance, including servicing, repair, improvement, replacement, and removal of parks and park amenities, incl uding, without limitation, landscaping, buildings, sports fields, sports courts, pl ayground equipment, play courts, play structures, picnic tables, lighting, drin king fountains, restrooms, and barbeques within the CFD’s boundaries. Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility cost.

Street Light maintenance, including 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, water, and other utility costs.

Stormwater facilities maintenance, includin g, without limitation, servicing, 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 mitigati on monitoring, reporting, vegetation management and weed abatement, and removal of silt, sediment, trash, and debris).

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

Landscape maintenance, including servicing, repair, improvement, replacement, and removal of parkways, landscape setbacks, landscaped roadway medians, open space, publicly owned masonry walls, fences, mo numents, and features, trails, bicycle paths, etc. Maintenance also includes cleaning and removal of graffiti and payment of electric, water, and other utility costs.

CFD No. 2022-01 shall only finance the above listed services only to the extent that they are in addition to existing public services provided within the boundaries of CFD No. 2022-01 before creation of said CFD and such authorized services may not supplant services already available within CFD No. 2022-01 at creation of said CFD. The Special Taxes 1 required to finance the related annual costs of those public services will be apportioned as described in the Rate and Method of Apportionment of the Special Tax (the “RMA”) for CFD No. 2022-01.

1 Any capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Rate and Method of Apportionment of the Special Tax.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 4 SECTION II

DESCRIPTION AND ESTIMATED

COSTS OF PROPOSED SERVICES

AND INCIDENTAL EXPENSES

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com
B Estimated Costs of Proposed Public Services
CFD No. 2022-01 is expected to finance the a nnual costs to provide the services described in Section II.A. The Special Taxes within CF D No. 2022-01 will be established pursuant to pay for the Authorized Services at $897 per Dwelling Unit of Residential Property and $3,885 per Acre of Non-Residential Property per year. Commencing on July 1, 2023, this amount shall be increased based on the percentage ch ange in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of three and fifty hundredth percent (3.5%) per Fiscal Year.

C Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proc eeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses.

As defined by the Act, incidental expenses include, but are not limited to, the cost of determination of the amount of taxes, collection of taxes, payment of taxes, and amounts needed for operating reserves and capital reserves authorized by the CFD. While the actual cost of administering CFD No. 2022-01 may vary, it is anticipated that the amount of special taxes that can be collected from CFD No. 2022-01 will be sufficient to fund at least $35,000 in annual administrative expenses.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 5 SECTION III

RATE AND METHOD OF

APPORTIONMENT OF THE SPECIAL
TAX

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

III RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located within CFD No. 2022-01, unless exempted by law or by the RMA, shall be taxed for the purpose of providing nece ssary services to serve the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The special tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or other reasonable basis as determined by the legislative body," although the special tax may not be apportioned on an
ad valorem basis pursuant to Article XIIIA of the California Constitution.

The RMA for CFD No. 2022-01 set forth in the Resolution of Intention is included in Appendix A and provides information sufficient to allo w an owner of property within the CFD to estimate the maximum annual special tax that ma y be levied on such property. Sections A through D, below, provide additional informat ion on the RMA. Any capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the RMA.

A Explanation for Special Tax Apportionment
When a community facilities dist rict is formed, a special tax may be levied on each parcel of taxable property within the community facilities district to pay for authorized services and other related expenses incurred by said co mmunity facilities district. This special tax must be apportioned in a reasonable manne r. However, the special tax may not be apportioned on an
ad valorem basis.

Based on the types of public services that are proposed for CFD No. 2022-01 and the factors described above, the Special Taxes assigned to Developed Properties are generally proportionate to the relative benefits received by them, which are assumed to be approximately equal for each Dwelling Unit, and accordingly, the Special Taxes in CFD No. 2022-01 can be considered fair and reasonable.

B Maximum Special Tax Rates
The Maximum Special Tax rates that may be levied against Developed Property in CFD No. 2022-01 are listed in Table 1 below. In addition, the Maximum Special Tax for Final Mapped Property shall be $3,885 per Acre. Each year the Special Tax shall be levied subject to the methodology and Maximum Special Ta xes set forth in the RMA in an amount sufficient to meet the Special Tax Requirement.

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

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RATE AND METHOD OF

APPORTIONMENT OF THE SPECIAL
TAX

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com
C Increase in the Ma ximum Special Tax
On each July 1, commencing on July 1, 2023, the Maximum Special Tax for Developed Property and Final Mapped Property shall be increased annually 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%).

D Accuracy of Information
In order to establish the Special Taxes for CFD No. 2022-01 as set forth in the RMA, DTA has relied on information, including absorption, land use types, and net taxable acreage, which were provided to DTA by others. DTA has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the RMA for CFD No. 2022-01, including the inabilit y to meet the financial obligations of CFD No. 2022-01.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 7 SECTION V

BOUNDARIES OF THE CFD

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

IV BOUNDARIES OF THE CFD
The boundaries of CFD No. 2022-01 include a ll land on which the Special Taxes may be levied. The recorded map of the area includ ed within CFD No. 2022-01 is provided as Appendix B.

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Attachment: City of Hanford CFD 2022-01 CFD Report FINAL (City Attorney: Resolution No. 22-11-R, 22-12-R, and 22-13-R,) 8 SECTION VI

GENERAL TERMS AND

CONDITIONS

City of Hanford CFD No. 2022-01 April 5, 2022
Community Facilities District Report

www.FinanceDTA.com

V GENERAL TERMS AND CONDITIONS
A Substitution of Facilities and Services
The descriptions of the facilities and services, as set forth herein, are general in their nature.

The City will determine the final nature, location, and costs of facilities and services upon the preparation of final plans and specifications . The final plans may show substitutes, in lieu of modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities and services provide a service substantially similar to that as set forth in this Report.

B Appeals and Interpretations
Any property owner who feels that the amount of the Special Tax levied on their Assessor’s Parcel is in error may submit a written appeal to CFD No. 2022-01, 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 pa id on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administ rator shall review the appeal, meet with the appellant if the CFD Administrator deems ne cessary, 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 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 Council by filing a written notice of appeal with the clerk of the City Council, provided that the appe llant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for it s disagreement with the CFD Administrator’s determination. The appeal procedures iden tified 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 City Coun cil by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in the RMA.

C Prepayment of Special Tax
No prepayments of the Special Tax are permitted.

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APPENDIX A
City of Hanford
Community Facilities District Report
Community Facilities District No. 2022-01
(Live Oak)

RMA

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APPENDIX B
City of Hanford
Community Facilities District Report
Community Facilities District No. 2022-01
(Live Oak)

BOUNDARY MAP

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5000 BIRCH STREET, SUITE 3000
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AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: C

SUBJECT:

Community Development: Adoption of Resolution 22-15-R setting April 19, 2022, as the date for a public hearing on Roadway Abandonment No. 2021-01, a request by CM Construction Services to abandon approximately 7,994 square feet of right-of-way, an alley ("China Alley”, portion) to allow a parking lot and landscaping for the future Kings Area Regional Transit (KART) facility.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 22 -15-R setting April 19, 2022 as the date for public hearing for Roadway Abandonment No. 2021 -01 and declaring the intention of the City Council to abandon approximately 7,994 square feet of r ight-of-way, an alley ("China Alley”, portion) located south of East Eighth Street between North Harris and North Brown Streets as shown on Attachment 1.

BACKGROUND:

On March 22, 2022, the Hanford Planning Commission reviewed the proposal of abandonment for conformity with the City General Plan and a finding of ambiguity clarification pertaining to the land use and zoning on the abandoned property. The Planning Commission approved Resolution No. 2022 -05 in accordance with State of California Government Co de 65402 and found the proposed abandonment in conformance with the General Plan.

FISCAL IMPACT:

ATTACHMENTS:

Attachment 1 - RA 2021-01
RA 2021-01 Resolution 22-15-R
Exhibit A - Legal Description and Map

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ATTACHMENT 1

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Attachment: Attachment 1 - RA 2021-01 (Road Abandonment 2021-01 (KART)) RESOLUTION NO. 22-15-R

PUBLIC NOTICE PERTAINING TO PUBLIC HEARING TO DECLARE THE INTENTION OF THE CITY COUNCIL TO ABANDON APPROXIMATELY 7,994 SQUARE FEET OF RIGHT OF WAY, AN ALLEY (“CHINA ALLEY”) LOCATED

SOUTH OF EAST EIGHTH STREET BETWEEN NORTH HARRIS AND NORTH BROWN STREETS.

NOTICE IS HEREBY GIVEN that on April 5, 2022, the City Council of the City of Hanford declares its intention to abandon approximately 7,994 square feet of right-of-way, an alley (“China Alley,” portion) located south of Ea st Eighth Street between North Harris and North Brown Streets, which is described as depicted in Exhibit A.

Roadway Abandonment No. 2021 -01 is set for public hearing before the Hanford City Council on Tuesday, April 19, 2022 at 7:00 pm or thereafter in the City Council Chambers located in the Civic Auditorium at 400 N. Douty Street in Hanford, California, at which time and place any person interested in or objecting to the proposed abandonment may appear and be heard.

As per the California Environmental Quality Act (CEQA) Guidelines Section 15305(a) the project is categorically exempt, and a Notice of Exemption was prepared.

All interested persons may appear to present testimony at the hearings. If you challenge any action or decision by the Hanford City Council regarding the subject of the public hearing described in this notice in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Hanford City Council at, or prior to, the public hearing.

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Attachment: RA 2021-01 Resolution 22-15-R (Road Abandonment 2021-01 (KART))

Council Members

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

___________________________
MAYOR of the City of Hanford

ATTEST:

_______________________
Natalie Corral

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS )ss.

CITY OF HANFORD )

I, Natalie C orral, City Clerk of the City of Hanford, do hereby certify the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Hanford on the 5th of April.

Dated:____________________ ___________________________ Natalie Corral
City Clerk

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Attachment: RA 2021-01 Resolution 22-15-R (Road Abandonment 2021-01 (KART))

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Attachment: Exhibit A - Legal Description and Map (Road Abandonment 2021-01 (KART))

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Attachment: Exhibit A - Legal Description and Map (Road Abandonment 2021-01 (KART))

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: D

SUBJECT:

Community Development: Adoption of Resolution 22-16-R setting April 19, 2022, as the date for a public hearing on Roadway Abandonment No. 2022-01, the City of Hanford to abandon approximately 2,252 square feet of right-of-way, an alley ("Civic Center”, portion) to allow a secured parking lot and storage for police vehicles.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 22-16-R setting April 19, 2022 as the date for public hearing for Roadway Abandonment No. 2022 -01 and declaring the intention of the City Council to abandon approximately 2,252 square feet of right -of-way, an alley ("Civic Center”, portion) located south of Center Street between North Irwin and North Douty Streets as shown in Attachment 1.

BACKGROUND:

On March 22, 2022, the Hanford Planning Commission reviewed the proposal of abandonment for conformity with the City General Plan and a finding o f ambiguity clarification pertaining to the land use and zoning on the abandoned property. The Planning Commission approved Resolution No. 2022 -06 in accordance with State of California Government Code 65402 and found the proposed abandonment in conformance with the General Plan.

FISCAL IMPACT:

ATTACHMENTS:

Attachment 1 – Abandonment Area
Resolution No. 22-16-R
Exhibit A – Legal Description and Map

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ATTACHMENT 1

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Attachment: Attachment 1 – Abandonment Area (Road Abandonment 2022-01 Police Dept) RESOLUTION NO. 22-16-R

PUBLIC NOTICE PERTAINING TO PUBLIC HEARING TO DECLARE THE INTENTION OF THE CITY COUNCIL TO ABANDON APPROXIMATELY 2,252 SQUARE FEET OF RIGHT OF WAY, AN ALLEY (“CIVIC CENTER”) LOCATED

SOUTH OF CENTER STREET BETWEEN NORTH IRWIN AND NORTH DOUTY STREETS.

NOTICE IS HEREBY GIVEN that on April 5, 2022, the City Council of the City of Hanford declares its intention to abandon approximately 2,252 square feet of right-of-way, an alley (“Civic Center.” portion) located south of Center Street between North Irwin and North Douty Streets, which is described as depicted in Exhibit A
Roadway Abandonment No. 2022 -01 is set for public hear ing before the Hanford City Council on Tuesday, April 22, 2022, at 7:00 pm or thereafter in the City Council Chambers located in the Civic Auditorium at 400 N. Douty Street in Hanford, California, at which time and place any person interested in or objecting to the proposed abandonment may appear and be heard.

As per the California Environmental Quality Act (CEQA) Guidelines Section 15305(a) the project is categorically exempt, and a Notice of Exemption was prepared.

All interested persons may appear to present testimony at the hearings. If you challenge any action or decision by the Hanford City Council regarding the subject of the public hearing described in this notice in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Hanford City Council at, or prior to, the public hearing.

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Attachment: Resolution No. 22-16-R (Road Abandonment 2022-01 Police Dept) Council Members

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

___________________________
MAYOR of the City of Hanford

ATTEST:

_______________________
Natalie Corral

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS )ss.

CITY OF HANFORD )

I, Natalie Corr al, City Clerk of the City of Hanford, do hereby certify the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Hanford on the 5th of April.

Dated:____________________ ___________________________ Natalie Correa
City Clerk

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Attachment: Resolution No. 22-16-R (Road Abandonment 2022-01 Police Dept)

EXHIBIT A

ALLEY ABANDONMENT & PUBLIC UTILITY EASEMENT

That portion of the Alley located in Block 181 of the City of Hanford as shown in Mapbook at Page 24, of Kings County Records, located in Section 25, Township 18 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Hanford, County of Kings, State of California, described as follows:

Beginning at the Northwest corner of Lot 3 of said Block 181; Thence South along the East Right of Way line of said Alley and it’s southerly projection, 75.07 feet more or less, to the South Right of Way line of Fuller Way;
Thence West along said South Right of Way line, 30.00 feet more or less, to the southerly projection of the West right of way line of said Alley;
Thence North along said southerly projection and West Right of Way line of the Alley, 75.07 feet more or less, to the Northeast corner of Lot 36 of said Block 181; Thence East, 30.00 feet more or less, to the Point of Beginning.

(Consisting of 2252 sf. more or less)

12/31/22

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Attachment: Exhibit A – Legal Description and Map (Road Abandonment 2022-01 Police Dept) 123456BLOCK 181CITY OF HANFORDALLEYCENTER STREET
FULLER WAYEAST 30.00'NORTH 75.07'±WEST 30.00'(MB 24)SOUTH 75.07'±POB DOUTY STRTEET363837UNIT 1UNIT 2CONDOMINIMUMV.11 LSP, PG.81IRWIN STREET 324 S. SANTA FE, STE. AVISALIA, CA 93292(559) 802-3052 2134821348-ABANDON3/25/22EXHIBIT BROAD ABANDONMENT & PUEHANFORD, CA1"=60' NORTH
0'60'60'

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Attachment: Exhibit A – Legal Description and Map (Road Abandonment 2022-01 Police Dept)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: E

SUBJECT:

Public hearing to consider the issuance of bonds by the California Statewide Communities Development Authority in support of the Northstar Apartments project (TEFRA Hearing)

At the request of several members of the public and the project applicant, Staff is recommending that the City Council continue the public hearing until the April 19, 2022 City Council meeting; at a minimum.

The full staff report is attached for more detail on the item.

FISCAL IMPACT:

Insert Fiscal Impact Here or Erase Completely

ATTACHMENTS:

Staff Report 3.15.22.TEFRA PH Northstar

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CITY OF HANFORD CITY COUNCIL

STAFF REPORT

MEETING DATE: Tuesday, March 15, 2022

SUBJECT: Conduit financing for the Northstar Apartments Affordable Housing Project

STAFF RECOMMENDATION

At the request of the project applicant, Staff is recommending that the City Council continue the public hearing until the April 5, 2022 City Council meeting.

BACKGROUND

UP Northstar , LP, a California limited partnership (the “Borrower”) was created by UP Northstar, LLC, a California limited liability company, and Northstar SHE LLC, a California limited liability company. Self-Help Enterprises (SHE) is the sole member of Northstar SHE LLC and will serve as the managing general partner of the project. SHE is a nationally recognized community development organization whose mission is to work together with low -income families to build and sustain healthy homes and communities.

The pioneer and leading provider of mutual self-help housing in the United States, SHE’s efforts today encompass a range of efforts to build better homes and communities for farmworkers and other hard-working families.

Since 1965, SHE has helped more than 6,500 f amilies to build their own homes, rehabilitated over 6,700 unsafe homes, developed over 2,000 units of affordable rental housing, including Lincoln Plaza in Hanford (developed in 2007) , and 85 single -family homes. SHE provides Resident Services at all rent al communities, including an after- school program, Zumba and obesity prevention, financial literacy and homeownership counseling, STEM programs for youth, and other services to support the health, wellness, and financial strength of residents.

The Borrower has requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $30,000,000 of tax -exempt revenue bonds.

The Bonds will be issued by the CMFA in a private placement, with Key Bank Real Estate Capital being the private placement purchaser. The Bonds will be repaid through revenues generated by the Project and will be the sole responsibility of the Borrower. Other than holding the TEFRA hearing and approving the resolution, the City will have no involvement in issuing or repaying the Bonds. The proceeds of the Bonds will be used to finance the acquisition, construction, improvement, and equipping of a 72 -unit multifamily rental housing facility for low -income households, including permanent supportive h ousing for persons experiencing homelessness or other at-risk households, to be located in the City at 664 and 682 North Star Drive.

In order for the Bonds to qualify as tax-exempt bonds, the City of Hanford must conduct a public hearing (the “TEFRA Heari ng”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, a notice was published in The Hanford Sentinel

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Attachment: Staff Report 3.15.22.TEFRA PH Northstar (TEFRA Northstar Aparments) on March 5, 2022, providing the members of the community reasonable notice. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project may adopt a resolution in favor of the issuance of the Bonds for the financing of the Project or may decline the adoption of such a resolution if a legitimate non-discriminatory reason exists. Alternatively, rather than taking action on the proposed resolution, Section 147(f) of United States Code Title 26 allows the Council to submit the decision regarding bond issuance to the voters of Hanford.

CALIFORNIA MUNICIPAL FINANCE AUTHORITY:

The CMFA was created on January 1, 2004 , pursuant to a joint exercise of powers agreement to promote economic, cultural , and community de velopment, through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities, including the City of Hanford, have become members of CMFA. The City became a member of the CMFA on December 15, 2015.

The CMFA was formed to assist local governments, non -profit organizations and businesses with the issuance of taxable and tax -exempt bonds aimed at improving the standard of living in California for low-income households, persons experiencing homelessness or other at-risk households. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

FISCAL IMPACT:

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the UP Norths tar, LP (Borrower), and the City will have no financial, legal, liability, or responsibility for the Project or the repayment of the Bonds for the financing of the Project.

All financing documents with respect to the issuance of the Bonds will contain clea r disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a por tion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Hanford, it is expected that a portion of the issuance fee attr ibutable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

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Attachment: Staff Report 3.15.22.TEFRA PH Northstar (TEFRA Northstar Aparments)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: A

SUBJECT:

Community Development: Acceptance of the mandated General Plan Annual Progress Report for Calendar Year 2021 and authorization for the submittal to the Governor’s Office of Planning and Research

RECOMMENDATION:

That City Council receive the staff report, accept the General Plan Annual Progress Report, and direct staff to submit to the California Office of Planning and Research.

BACKGROUND:

The Annual General Plan Report is intended to comply with the requirements of Government Code Section 65400, which requires that all cities annually submit to California Office of Planning and Research (OPR) and Housing and Community Development ( HCD) a report on the status of the General Plan and progress in implementing the Housing Element. This report contains the General Plan Annual Progress Report for submission to OPR and captures the activities conducted by the City towards implementation of the General Plan.

The General Plan APR allows OPR to identify statewide trends in land use decision -making and how local planning and development activities relate to statewide planning goals and policies.

APRs may also inform future modifications to OPR’s General Plan Guidelines. In addition, OPR can track progress on a local jurisdiction's comprehensive General Plan update using the information provided in the APR.

The APR satisfies OPR’s Guidelines by providing the following information:

- Measures associated with the implementation of the general plan with specific reference to individual elements
- Housing Element APR reporting

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- The date of the last update to the General Plan
- Planning activities receiving discretionary approval
- Capital Improvement Projects conducted over the past year

Please see the full report - attached as Attachment 1.

A copy of the Housing APR is attached as Exhibit A.

FISCAL IMPACT:

ATTACHMENTS:

Attachment 1 - GP APR Reporting 2021
Exhibit A - Housing Annual Progress Report

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General Plan Annual Progress Report – 2021

Prepared by:

City of Hanford
Community Development Department
Planning Division

April 2022

For:

State of California
Governor’s Office of Planning and Research
State Clearinghouse and Planning Unit

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

INTRODUCTION

The Annual General Plan Report is intended to comply with the requirements of Government Code Section 65400, which requires that all cities annually submit to California Office of Planning and Research (OPR) and Housing and Community Development (HCD) a report on the status of the General Plan and progress in implementing the Housing Element. This report represents the Community Development activity for the planning year 2021.

The General Plan APR allows OPR to identify statewide trends in land use deci sion-making and how local planning and development activities relate to statewide planning goals and policies.

APRs may also inform future modifications to OPR’s General Plan Guidelines. In addition, OPR can track progress on a local jurisdiction's compreh ensive General Plan update using the information provided in the APR. Similarly, the Housing Element APR allows HCD to track the progress of the implementation of a jurisdiction’s Housing Element and requires its submission as a threshold requirement for several State housing funding programs.

DATE OF PRESENTATION/ACCEPTANCE

The General Plan APR will be presented to the Hanford City Council at their regularly scheduled meeting on April 5, 2022. A presentation will be given to the City Council as a General Business item.

COMPREHENSIVE GENERAL PLAN UPDATE 2035

Pursuant to State general plan law there are seven State-mandated elements in the City’s general plan. They are:

• Land use
• Circulation
• Housing
• Open Space
• Conservation
• Noise
• Safety

As of 2003, Cities within the San Joaquin Valley are also required to have an air quality element.

Signed into law in 2016, under SB 1000, cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality.

Additionally Required:

• Air Quality
• Environmental Justice

The Air Quality element was adopted in 2010. The requirement to address environmental justice within the Air Quality element was not adopted until 2016; therefore, the Air Quality element does not address environmental justice, expressly. The City does not have a separate Environmental

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Justice element; however, environmental justice is addressed through policy in the General Plan Health, Safety, and Noise element.

State general plan law also states that cities may adopt other elements as they s ee fit for their communities. Hanford’s General Plan also contains an economic development element and a public facilities and services element. All elements of the General Plan have equal weight and status. One element is not superior to any other. The goals and policies within each element are required to be consistent with each other and with the goals and policies in the other elements of the General Plan.

The general plan’s maps, diagrams, and development policies form the basis for the zoning ordinance, subdivision ordinance, design guidelines, and the capital improvement program – tools which implement the general plan. Under California law, no specific plan, zoning, subdivision map, or public works project may be approved unless the City finds that it is consistent with the adopted general plan.

The land use element designates the type, intensity, and general distribution of uses of the land for housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses.

The circulation element is correlated with the land use element and identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, and terminals for all modes of transportation.

The housing element is a comprehensive ass essment of current and projected housing needs for all segments of the community and all economic groups. In addition, it embodies policies for providing adequate housing and includes action programs for that purpose. By statute, the housing element must b e updated and certified on a schedule set by the State Housing and Community Development Department. The housing element is prepared as a separate document in conjunction with the County of Kings, and the cities of Lemoore, Corcoran, and Avenal.

The conservation element addresses the conservation, development, and use of natural resources, including water and soils. This chapter also contains goals and policies for parks and recreation.

The open space element describes measures for preserving open-space for natural resources, the managed production of resources, outdoor recreation, and agricultural land. The open space element is also found mostly in Chapter 5 of both the Background Report and the Policy Document.

The noise element identifies and appraises noise problems within the community and forms the basis for land use distribution.

The safety element establishes policies and programs to protect the community from risks associated with seismic, geologic, flood, extreme heat, and fire hazards.

The economic development element identifies trends in the local economy and sets general direction for improving the community’s economic sustainability and prosperity.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) The public facilities and services element identify publicly owned facilities and s ervice infrastructure. It sets policies to facilitate continued service to the community as it grows and develops. It sets a general direction for citywide school site planning, law enforcement and fire protection services, sewer and water infrastructure, and other local public facilities and buildings.

The Air Quality Element provides a comprehensive set of goals, objectives, policies, and implementation programs intended to meet the requirements of Assembly Bill 170 for Air Quality Elements and state laws pertaining to greenhouse gases.

The General Plan was adopted on April 24, 20217 through Resolution 17-21-R.

GENERAL PLAN AMENDMENT INFORMATION

Most Recent Adopted Amendment

The most recent General Plan Amendment, General Plan Amendment No. 2019-01 a) and b) was executed on September 17, 2019 by Resolution 19-34-R.

General Plan Amendment No. 2019-01 a) changed the land use designation on certain property totaling approximately six acres from Downtown Mixed Use to Service Commercial.

General Plan Amendment No. 2019-01(b) removed reference to the Downtown East Precise Plan from the General Plan Policy Document.

In Progress

There are two General Plan Amendments currently in progress.

General Plan Amendment No. 2021-01 contains three parts:

General Plan Amendment No. 2021-01 A, B and C

Part A – Telstar

General Plan Amendment No. 2021 -01 A: A request to change the General Plan Designation on two .52-acre parcels, totaling 1.04 acres, from Downtown Mixed Use to Service Commercial.

Rezone No. 2021-09: A request to change the zoning on two parcels, totaling 1.04 acres, from MX-D Downtown Mixed Use to C-S Service Commercial.

Site Plan Review No. 2020 -27: A request to construct a 10,000 sq. ft. office for the purchase, sale, and light assembly of electrical gear for electrical and programing services and construction.

Conditional Use Permit N o.2021-04: A request to allow an off -site parking lot for Telstar employees’ use on a parcel proposed to be designated as C-S Service Commercial.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Location: The project is located east of Irwin Street, between Fourth and Fifth Streets (APN 012- 095-001 and 012-095-011).

Figure 1A: Project Location (Aerial)

Figure 2A: Existing General Plan Designation - Downtown Mixed Use (outlined in black)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

Figure 3A: Proposed General Plan Designation – Service Commercial (outlined in black)

Figure 4A: Existing Zone Designation – MX-D Downtown Mixed Use (outlined in black)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

Figure 5A: Proposed Zone Designation – C-S Service Commercial (outlined in black)

Part B – Police Department

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) General Plan Amendment No. 2021 -01 B: A request to change the General Plan Designation on a 2.06-acre parcel from Corridor Mixed Use to Public Facilities.

Rezone No. 2021-12: A request to change the zoning on a 2.06-acre parcel from MX-C Corridor Mixed Use to P-F Public Facilities.

Site Plan Review No. 2020-34: A request to construct a 40’ x 30’ structure for vehicle storage on site and make site improvements, including adding parking spaces.

Variance No. 2021 -07: A request to deviate from Section 17.38.140 of the Hanford Municipal Code, in order to waive the block wall requirement along the northwest property line, in order to provide a slated chain link fence between the proposed PF zone and R-M.

Location: The project is located at 469 N. 11th Avenue (010-490-018).

Figure 1D: Project Location (Aerial)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Figure 2B: Existing General Plan Designation – Corridor Mixed Use (outlined in red)

Figure 3B: Proposed General Plan Designation – Public Facilities (outlined in red)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Figure 4B: Existing Zone Designation – MX-C Corridor Mixed Use (outlined in red)

Figure 5B: Proposed Zone Designation – P-F Public Facility

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Part C – City of Hanford

General Plan Amendment No. 2021 -01 C: A request to change the General Plan designation on approximately 28 acres from Medium-Density Residential to Corridor Mixed Use. The change is requested, due to incompatibility with the Kings County Airport Land Use Compatibility Plan, which limits the density of the B1 zone to one unit per 10 acres.

Rezone No. 2021-11: A request to change the zoning on 28 acres from R-M Medium-Density to MX-N Neighborhood Mixed Use.

There is not a physical project proposed at this location.

Location: The project is located east of Jesse street, on either side of Whitney Drive, north of Lacey Boulevard.

Figure 1C: Project Location (Aerial)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Figure 2C: Existing General Plan Designation – Medium-Density Residential (outlined in red)

Figure 3C: Proposed General Plan Designation – Corridor Mixed Use (outlined in red)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Figure 4C: Existing Zone Designation – The property is currently located in the Kings County jurisdiction and is zoned CS Service Commercial (County Zoning). The entire island is proposed to be annexed – the prezoning for the entire island (which expands beyond the project site) is a combination of R-L-5 Low-Density Residential, R-M Medium-Density Residential, and MX-C Corridor Mixed Use, in accordance with the General Plan.

Figure 5C: Proposed Zone Designation – MX-N Neighborhood Mixed (outlined in red)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) General Plan Amendment No. 2021-02: A request to change the General Plan Designation on a 1.45-acre parcel from Neighborhood Mixed Use to Regional Commercial.

Rezone No. 2021 -10: A request to change the zoning on a 1.45 -acre parcel from MX -N Neighborhood Mixed Use to C-R Regional Commercial.

Site Plan Review No. 2020 -27: A request to construct a four -story, 86-room hotel on a parcel proposed to be zoned C-R Regional Commercial.

Conditional Use Permit No.2021-05: A request to allow a hotel use on a property proposed to be zoned C-R Regional Commercial. The use of a hotel is a conditionally permitted use in the C- R Regional Commercial zone district.

Variance No. 2021 -02: A request to deviate from Section 17.18.080 of the Hanford Municipal Code, in order to exceed the 35-foot height maximum of the C-R Regional Zone District, in order to permit a 50 -foot-high, four -story hotel on a parcel proposed to be zoned C -R Regional Commercial; and a request to deviate from Section 17.54.040 of the Hanford Municipal Code, in order to reduce the parking requirement for an 86-room hotel with three full-time employees (per shift) from 89 spaces to 86.

Location: The project is located on South 1 2th Avenue, south of Hayden Avenue, north of Hanford-Armona Road (APN 011-060-015).

Figure 1B: Project Location (Aerial)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Existing General Plan Designation – Neighborhood Mixed Use (outlined in red)

Proposed General Plan Designation – Regional Commercial (outlined in red)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Existing Zone Designation – MX-N Neighborhood Mixed Use (outlined in red)

Proposed Zone Designation – C-R Regional Commercial (outlined in red)

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Progress towards implementing the 2035 Land Use Element

Growth Management

During 2021, projects identified in the following sections were in progress to align with the City’s growth management goals and policies, specifically:

Growth Management Goals

Goal L1: A well planned community that grows in an organized fashion.

Goal L2: Development preference of vacant and underutilized properties.

Goal L3: Limitation of urban sprawl-style development patterns in new growth areas.

Policy L16 County Islands : Initiate annexation of County islands when it is found that urban services are needed and can be provided or made available in the near future.

• Annexation No. 160, Parts 1- 3 and 5 – 8, a proposal to annex seven (7) separate county islands with a combined total of 279 acres into the City of Hanford, from the Kings County jurisdiction. Prezone No. 2021 -01 thru 2021 -03 and 2021 -05 thru 2021 -08, a re quest to prezone the various county islands, in accordance with their General Plan designation.

The projects are located in existing county islands, fully surrounded by the City of Hanford.

A request to annex the County Islands was forwarded to Kings Count y LAFCo on December 8, 2021 and is scheduled to be heard by Kings County LAFCo on March 30, 2022.

Policy L7 Primary Sphere of Influence: Support and pursue an amendment of the City of Hanford’s Primary Sphere of Influence to be coterminous to the Planned Area Boundary.

Policy L17 Plan for Services: Prepare and make publicly available a written Plan for Services that describes how urban services will be provided prior to initiating an annexation.

• Initiation of the Sphere of Influence Expansion: Council consideration and approval of the Hanford Area Municipal Service Review and Sphere of Influence Update and Adoption of Resolution 21-15-R, directing staff to file an application with Kings County Local Agency Formation Commission (LAFCo) for a request to ex pand the City’s Sphere of Influence, as identified within the 2035 Hanford General Plan Update. The City Council directed staff to file an application for Sphere Expansions on April 20, 2021. An application has been submitted to Kings County LAFCo for expansion of the SOI, as of December 8, 2021, the request is being processed, but has not been finalized.

Residential Projects

During 2021, the following residential discretionary projects were approved in accordance with the growth management goals and policies listed above and with respective goals identified for the various land use types of the Land Use Element, specifically:

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

Residential Land Use Designation Goals

Goal L4: Adequate land available to meet housing needs for all citizens through the year 2035.

Goal L5: Stable, high quality neighborhoods with housing integrated with schools, parks, and availability of everyday commercial goods and services.

Goal L6: A wide range of housing choices that insure opportunities for a variety of age groups, lifestyles, and income levels.

Goal L7: Residential densities that encourage both compact and infill development.

Residential Land Use Designations Goals

Goal L8: A range of residential building types suitable for a variety of lifestyles, ages, affordability levels, and design options.

Goal L9: Distinctive neighborhoods that preserve and enhance the quality of life for residents.

During 2021, no new tentative tracts were approved.

Under Construction: There were a total of 259 single-family residences under construction and finaled in 2021.

• Infill: 5 infill units were constructed.

• Tract 916 Bristol Heights: 9 units were constructed.

• Tract 918 Bella Vista: 33 units were constructed.

• Tract 919 Bonterra: 40 units were constructed.

• Tract 922 Skye and Chateau: 106 units were constructed.

• Tract 929 Ella Gardens: 26 units were constructed.

• Tract 865 Hidden Oaks and Sterling Oaks:40 units were constructed

There was one multi -family project under construction in 2021 – Hanford Apartments, a 92 -unit multi-family development. The project is still under construction and has not been finaled.

Residential Discretionary Projects – 2021

• Conditional Use Permit No. 2021-02, a request to add two residential units to a multi-family development, for a total of four units, on an 18,720 sq. ft. lot in the O-R Office Residential

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) zone district. The project is located at 1119 and 1121 W. Seventh Street (APN 01 2-281- 004). The project was approved on March 23, 2021. The project is under construction.

• Annexation No. 157, a request to annex 149.5 acres into the City 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 designation for the area. The project is located 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). The project was conditionally approved, pending the finalization of the Sphere of Influence on August 3, 2021.

• Variance No. 2021-05, a request to deviate from the standards of the Hanfo rd Municipal Code Section 17.10.070 E, in order to reduce the street -side setback for an irregular corner lot in the R-L-5 Low-Density Residential zone district. The project is located at 1305 W. Kenny Thompson Court (APN 011 -110-022). The subject site is lot 35 of Tract 865, which has not been assigned its own assessor’s parcel number yet. The APN provided is for the parcel, overall, pre -subdivision. The project was approved on October 26, 2021 and is under construction.

• Variance No. 2021-06, a request to deviate from the standards of the Hanford Municipal Code Section 17.10.070 E, in order to reduce the street -side setback for an irregular corner lot in the R-L-5 Low-Density Residential zone district. The project is located at 1300 W. Poppysprings Court (APN 011-110-022). The subject site is lot 72 of Tract 865, which has not been assigned its own assessor’s parcel number yet. The APN provided is for the parcel, overall, pre -subdivision. The project was approved on October 26, 2021 and is under construction.

Commercial/Industrial Discretionary Projects – 2021

During 202 1, the following commercial/industrial discretionary projects were approved in accordance with the goals and policies of the Economic Development and Land Use Element , specifically:

Economic Development and Employment Goals

Goal E1: A diverse and robust local economy capable of providing employment for all residents desiring to work in the city.

Goal E2 A diversity of commercial and industrial enterprises which provide goods, services, and employment opportunities consistent with Hanford’s small -town, agricultural image.

Goal E3: A business-friendly environment for both existing and new business enterprises.

• Variance No. 2020 -03, a request to deviate from the standards set forth in Section

17.60.070(C)(2), in order to locate a drive -thru pickup window within 150 feet of a

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) residentially-zoned property in the C -N Neighborhood Commercial zone district. The project was approved on January 12, 2021. The project is under construction.

• Conditional Use Permit No. 2020-07, a request to construct a 3,596 sq. ft. building for the minor repair and service of motor vehicles in the MX-D Downtown Mixed Use zone district.

The project is located at the intersection of Sixth and White Streets (APN 012 - 102-012).

The project was approved on March 9, 2021. The project was not under construction in 2021.

• Zone Text Amendment No. 2020-01, a request by the City of Hanford to 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 district, 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 conditionally permitted use in C-R Regional Commercial.

The amendment also includes an addition of Chapter 17.67, adding purpose and intent, definitions, and establishing the location of hemp retailers and commercial hemp businesses in the City of Hanford. Location: Citywide. The Zone Text Amendment was adopted under Ordinance 21-14 on November 16, 2021.

• Zone Text Amendment No. 2020-03, a request by the City of Hanford to 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 district, 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 conditionally permitted use in C-R Regional Commercial.

The amendment also includes an addition of Chapter 17.67, adding purpose and intent, definitions, and establishing the location of hemp retailers and commercial hemp businesses in the City of Hanford. Location: Citywide. The Zone Text and Municipal Code Amendment was approved under Ordinance 21-03 on August 17, 2021.

• Conditional Use Permit No. 2021 -06, a request to convert a former private junior coll ege into a facility for religious services, classes, and offices in the MX-D Downtown Mixed Use zone district. The project is located at 213 W. Seventh Street (APN 012 -055-006). The project was approved on August 24, 2021.

• Conditional Use Permit No. 2021 -07, a request to allow a massage therapy business in the O -R Office Residential zone district. The project is located at 103 W. Grangeville Boulevard (APN 010-023-004). The project was approved on October 12, 2021.

• Conditional Use Permit No. 2020 -01, a request by Complete Wireless Consulting to construct a 99 -foot-tall monopole for AT&T with associated antennas and ground and tower equipment in the C -S Service Commercial zone district. Variance No. 2021 -04: A

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) request to deviate from the standards of the Hanford Municipal Code: a) Section 17.20.130 B., in order to waive the block wall requirement along the rear property line, abutting a PF zone; b) Section 17.68.120, in order to waive the landscape buffer requirement outside the perimeter of the lease area ; and c) Section 17.20.120, in order to waive the landscaping requirement along Fargo Avenue. The project is located at 11555 Fargo Avenue (APN 008-360-032). The project was approved on October 12, 2021.

• Variance No. 2021-03, a request to deviate from the standards of the Hanford Municipal Code Section 17.26.120(B), in order to provide a maximum of five feet of landscaping along the street frontage for a convenience store with fuel sales in the MX -C Corrid or Mixed Use zone district. The project is located at 711 E. Lacey Blvd. (APN 016-011-012).

The project was approved on October 26, 2021.

• Conditional Use Permit No. 2021 -03, a request to operate two preschool classrooms in the R-M Medium Density Residential zone district. The project is located at 302 E. Tenth Street (APN 010 -224-023). The project was approved on November 9, 2021. The preschool classrooms are in operation.

• Conditional Use Permit No. 2021 -08, a request to convert a former retail store into a vocational school in the MX -D Downtown Mixed-Use zone district. The project is located at 308 E. Sixth Street (APN 012 -044-009). The project was approved on December 14, 2021.

PUBLIC FACILITES AND SERVICES

There were no amendments to the Public Facilities and Services Element during 2021.

The following public facilities and services projects were conducted by the City of Hanford during 2021:

Water Projects:

• Water main replacement: This project involved replacing existing small mains and older mains that do not meet City Standards for fire protection or water delivery.

• Water Distribution Main Extension Program : This project include d replacing undersized distribution mains or extending distribution mains in various locations throughout the City to enhance system performance. The project included replacing undersized distribution mains and extending distribution mains within in-fill and growth areas to enhance system performance and to facilitate orderly growth of the City.

• Automated Meter Replacement: This project utilized funds for replacement of automated meter reading devices citywide that are no longer reading accurately or that were unable to be repaired.

• New Water Supply Well: This project funded the installation of a new deep-water well and associated pumping equipment, in order to provide additional City water supply and

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) service reliability. As development occurs, the need to provide additional water capacit y and service reliability is necessary.

• Unscheduled Main Extensions and Replacements: This project funded unanticipated projects which occurred when a developer was connecting to the City’s water system and required the main to be extended beyond the project boundaries. Funds from this project also were utilized for replacement of undersized or deteriorated water mains.

• 2020 Urban Water Management Plan: This project pertains to the preparation of the 2020 Urban Water Management Plan, in accordance with s tate law and the Urban Water Management Act, which requires the Urban Water Management Plan to be prepared and updated every five years. The UWMP is a planning document for the purpose of maintaining efficient use of urban water supplies, promoting conserv ation programs and policies, ensuring that sufficient water supplies are available for beneficial use and providing a mechanism for response during water drought conditions. The plan is a required document for implementation of the City’s General Plan.

• Well 38 Chlorine System: The project included installation of a chlorine injection system for Well 38, which ties into Tank 6. The project allowed Tank 6 and the City system to be properly disinfected.

• Well 41 Alti Var 630 VFD: This project replaced the existing Variable Frequency Drive for Well 41. The new VFD for Well No. 41 was necessary to supply water primarily to the northeast side of the distribution system located at 11274 W. Fargo Avenue.

Storm Drainage Projects:

• Stonecrest Basin Pump Equipme nt Installation: This project consist ed of equipping the Stonecrest Basin with an electrical service, control panel, pump, and related piping equipment for dewatering the basin to accommodate additional development and routine maintenance. This basin was c onstructed in 1997 with the Stonecrest Subdivision. The basin has a capacity of 36.6 ac.ft. , which accommodates the subdivision as well as the discharge from Tank 6 located across the railroad tracks. A storm -drain wet well and related piping exist for the pumping of this basin to the People's Ditch.

• Pump 49 Upgrade Storm Drain: This project included installation of equipment to reduce energy costs through utilization of SCE Grant Programs.

• Bonneyview Basin: This project consisted of a modification of the ditch and piping structure for the Bonneyview Basin, in order to move water from the Sand Slough Basin to the Bonneyview Basin.

• Storm Drainage System Oversizing Requirements: This project utilized funds to reimburse developers that were required to upsize their storm drainage improvements to provide additional capacity, in compliance with the Strom Drainage Master Plan.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) • Curb and Gutter Installation: This project involved the installation of new or replacement concrete curb and gutter to facilitate proper street drainage. Projects included replacement of existing dilapidated curbs and gutter and installation of new curb and gutter in existing developed areas currently void of these improvements. These improvements were necessary to ensure proper drainage and alleviate localized flooding.

• Tree Trim/Removal Program: This project removed trees from ponding basins, in order to allow access for necessary maintenance within the basins, in accordance with the National Pollution Discharge Elimination System maintenance and compliance testing.

• Storm Drainage Pump Station No. 49 Upgrade: This project replaced the existing control panel and pumps and guide rail system for Pump Station 49. The project was necessary to increase system reliab ility and provide a means for adequately maintaining the pump station.

Waste Water:

• Sewer Main Oversizing Requirements: This project utilized funds to reimburse developers that were required to upsize their sewer improvements in order to provide additio nal capacity, in compliance with the City’s Sanitary Sewer Master Plan.

• Unscheduled Main Extensions/Replacements: This project utilized funds in order to reimburse developers for costs attributed to extending sewer mains beyond their project frontage, in order to provide service to their project as well as funds for emergency repairs on deteriorated or undersized mains within the sewer system.

• Sewer System Video Inspections: This project involved video camera inspections of the City’s sanitary sewer mains and recording of the resulting data. The mains were videotaped and catalogued as to their condition.

• 12th Avenue Sewer Trunk Main Oversizing: This project involved reimbursing developers that were required to upsize their trunk sewer main within 12th Avenue to provide additional capacity for future growth.

• Solids Handling Assessment: This study provided a plant capacity analysis to determine current and future solids loading and determine (if necessary) the need and type of treatment upgrade needed to handle current and future wastewater flows.

• Manhole Repair and Coating Project: This project provided for repair and coating of damaged sanitary sewer manholes and lift stations where corrosion affected concrete surfaces.

• Hanford Armona Main Exit/Airport: This project abandoned the existing septic system, extended the existing 12" diameter sewer main to Hanford -Armona Road from Foggy Bottom Drive to the Airport office/Park, and connected to the existing office sewer lateral.

Extension of the sewer main east of Foggy Bottom Drive will facilitate further development opportunities.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Public Facilities:

• Courthouse Park Bathroom Renovation: This project involved replacing the deteriorated roof and remodeling the north bathrooms to bring the facility to ADA-compliance.

• City Hall Roof Restoration: This p roject involved the recoating of the roof’s exterior membrane, in order to extend the roof’s useful life for a minimum of ten years.

• Police Department Parking Lot Expansion: This project included the reconfiguring and redesign of the existing parking sp aces located east of the Police Station, in order to provide for additional and more efficient parking for the Police Station. The project also included fencing and gates to secure the area.

• ADA Building Modifications: This project includes upgrades and improvements to City Facilities, in order to comply with ADA requirements, such as installing electrically operated doors, hand rails at various drinking fountains, lever type door handles, accessibility signs and relocating various mirrors and dispensers, sidewalks, and ramps.

• Fire Station 4 Land Acquisition: This project involved purchasing land for a fire station on the east side of Hanford, in accordance with the 2006 Station Location Study.

• City Hall Men’s Bathroom Upgrade: The project required removing the cast iron in the men’s bathroom wall, as part of the final phase or replacing the cast iron piping in the common wall between the men’s and women’s restroom.

• Parking Lot/Alley Seal Coat Treatment: This project included t he sealing of City parking lots and alleys to extend the useful life of the pavement surface.

• Fleet Parts Room: This project modified the existing parts room as an office area for the Shop and Parts Specialist.

Services:

• Dangerous Building Abatement: This is an on-going project which facilities the demolition and removal of dilapidated buildings on private properties, when determined to be unsafe or public nuisances under City or State building or fire codes.

TRANSPORTATION/CIRCULATION

There were no amendments to the Circulation Element during 2021.

The following transportation projects were conducted by the City of Hanford during 2021:

• East Lacey Boulevard Widening/Reconstruction, 10 th Avenue to Sierra Drive: this project involved the widening and reconstruction of East Lacey Boulevard, between 10 th Avenue and Sierra Drive, to facilitate two lanes in each direction of travel plus turn lanes.

Improvements include the reconstruction of existing pavement section, install ation of a

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) new drainage collection/disposal system, installation of curbs, gutters, sidewalks, drive approaches and ADA ramps, installation of a traffic signal system at East lacey Boulevard/Ninth Avenue and installation of additional street lighting.

• Downtown Pedestrian Safety: This project utilized funds to improve conditions for pedestrians in the downtown area.

• Pavement Resurfacing Treatment: This is an ongoing project that adds pavement resurfacing treatment, a surface protection and pavement pre servation treatment to city streets. The project provides surface treatment for approximately seven miles of roadways.

• Street Median Landscape Renovation: This project removed existing landscaping and terminated irrigation within median islands, in order to install stamped concrete in the turn pockets until the width of the landscape area was a minimum of 8 feet in width. The project upgraded portions of median islands with new plant material and landscape bark.

• 12th Avenue Widening, Springcrest St. to 500 feet south (West side): this project involved the installation of curb, gutter, sidewalk and roadway widening along 12th Avenue (west side), from Springcrest Street to a point approximately 500 feet south of Springcrest Street. The project seeks to imp rove traffic flow capacity and safety by providing an additional travel lane and installing curb, gutter, sidewalk, and street lighting improvements.

• Sidewalk and Miscellaneous Concrete Repairs: This is an ongoing project that repairs sidewalks, drive app roaches and other concrete improvements where city crews are completing street reconstruction projects or in areas where the improvements are damaged by tree roots.

• New Sidewalk and ADA Improvements: This is an ongoing project that installs sidewalks and other concrete improvements in areas currently void of such improvements.

Improvement areas are selected along arterial/collector streets with high pedestrian volume and where existing rights -of-ways exist to facilitate sidewalk installation. This project also installs accessibility ramps in compliance with the Americans with Disabilities Act (ADA) standards.

• Unscheduled Arterial Upgrades and Traffic Signal Installation: This project utilized funds to reimburse developers who are required to construct qualifying arterial street improvements in excess of their project’s transportation mitigation impact fee share.

• Reclamite Seal Treatment: This is a project that adds reclamite to preserve city streets.

The treatment keeps the pavement surface flexible an d reduces asphalt oil content loss.

The project provided surface treatment for approximately five miles of arterial/collector streets.

OPEN SPACE, CONSERVATION, AND RECREATION

There were no amendments to the Open Space, Conservation, Safety and Noise Elements during 2021.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

The following open space and recreation projects were conducted by the City of Hanford during 2021:

Conservation:

• Energy Conservation Projects: This project involved utilizing funds to purchase and install energy saving fixtures and equipment as well as to leverage/match energy efficiency grants that became available and suitable for the City’s operation. City buildings and facilities equipped with outdated lighting sources were prioritized for energy efficient improvements. Energy efficiency projects were selected based upon economic benefits as well as compliance with AB 32 and SB 375 mandate.

Park Space:

• Civic Park Playground Design: This project designed the new playground adjacent to the Carousel at Civic Park, in order to increase activity within the park. Ultimately, the playground was constructed at Centennial Park and provided the first ADA playground on the South Side of the City.

• ADA Parks/Recreation Modifications: the project upgrades park and recreation facilities to conform with ADA requirements. Improvements include modification to restrooms and playground facilities, installation of concrete pathways to various facilities and purchase of ADA-accessible picnic equipment and tables.

• Design of New Pocket Park: This project designed a new small park at the site of the old Fire Station located at Lacey Boulevard and Kaweah Street. When construction commences, the project will develop vacant land that is adjacent to other recreational facilities and will capitalize on a location adjacent to the Plunge Swim Complex and the Ford Street Skate Park to allow for additional recreational amenities.

• Lakewood Park Playground Construction: This project consists of constructing a new playground structure in the old water well s ite, which has been removed. The area was formerly void of any amenities or recreational features.

• Youth Athletic Complex (YAC) Concession Building Restoration: This project includes the restoration and remodeling of the existing structure and restrooms to include ADA/ABA accessibility to and within the facility, due to current structural and accessibility deficiencies.

• Indoor Recreational Facility: This project included the construction of an indoor recreational facility.

• Longfield Center Renovations: This project updated the Longfield Center, which has not had a significant improvement or renovation since its construction in 1977, to include new flooring, lighting, paint, and furniture.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) • 2010 Plan Projects: This project included providing funding to implement projects identified in the Downtown 2010 plan, including projects that enhance the aesthetics and feel of the Downtown area, such as parking lot upgrades, Civic Park renovations, streetscape improvements, landscaping and street trees, and lighting upgrades.

• Lacey Park Basketball Courts: This project included the removal of three asphalt basketball courts with the replacement of four cement basketball courts and additional lighting to replace the weathered, cracking, and uneven/unsafe courts.

• Hidden Valley Park /Fitness Court: The project was partially funded by a grant award for the installation of a Fitness Court at Hidden Valley Park.

HOUSING ELEMENT

The City of Hanford City Council adopted the Housing Element Update 2016-2024 on January 5, 2016. The Housing Element was approved by Department of Housing and Community Development on March 31, 2016.

In accordance with Section 65400 , 65583, and 65584 of the California Government C ode, the City is required to prepare an annual report on the status and progress in implementing the City’s Housing Element using forms and definitions adopted by the Department of Housing and Community Development. The completed forms for the 202 1 calendar year are attached as Exhibit A to this report.

GENERAL PLAN COMPLIANCE WITH OPR’S GUIDELINES

As part of the General Plan APR, the City is required to evaluate the degree to which the General Plan complies with OPR’s General Plan Guidelines, inc luding new environmental justice considerations, collaborative planning with military lands and facilities, and consultation with Native American Tribes.

While a general plan will contain the community vision for future growth, California law also requires each plan to address the mandated elements listed in Government Code section 65302.

The mandatory elements for all jurisdictions are land use, circulation, housing, conservation, open space, noise, and safety. Cities and counties in the San Joaquin Air Pollution Control District must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality.

As described in a n earlier section, the Hanford General Plan contains the following required elements, plus an economic development element:

• Land Use
• Circulation
• Conservation
• Open Space
• Noise

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) • Safety
• Public Facilities and Services
• Economic Development

A document containing Hanford’s Housing Element was prepared and adopted separately from the rest of the General Plan due to its State mandated deadlines for adoption. Hanford has historically joined Kings County, Corcoran, Lemoore, and Avenal in preparing a combined Housing Element. An updated Housing Element was adopted in 2016 for the time period between January 2016 and January 2024.

A document containing Hanford’s Air Quality Element was prepared and adopted in 2010. No updates to this document were necessary when the rest of the General Plan was updated in 2017.

Land Use Element:

Required Contents:

Government Code section 65302(a) describes the required content of a land use element.

Specifically, the land use element must designate the proposed general distribution, general location, and extent of land uses for:

Addressed:

✓ Housing, business, and industry
✓ Open space, including agricultural land, watersheds, natural resources, and recreation ✓ Recreation facilities and opportunities
✓ Educational facilities
✓ Public buildings and grounds
✓ Future solid and liquid waste facilities
✓ Other categories of public and private uses of land, such as marine protected areas

Not Applicable:

- Greenways
- Timberland Preserve Zone lands
- Areas subject to flooding, identified by either flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources or mapped flood areas adopted by the local community on Flood Insurance Rate Maps o Hanford is located within a 500 -year Flood Zone as defined by the Federal Emergency Management Agencies Flood Insurance Maps. Five -Hundred Year Flood describes the flood that has a 0.2 percent chance of being equaled or exceeded in any year. Areas subject to the 500-year flood have a moderate to low risk of flooding. As expected, no floods have occurred in the area during recent years and therefore, there has not been a need to impede or place building restrictions upon development.

Not Addressed:

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

- Military land use compatibility and impacts to military readiness

Impact of New Growth on Military Readiness Activities Requirement Description:

A land use element must include consideration of impacts to the military’s operations. Specifically, Government Code section 65302(a)(2) requires consideration of impacts of land use decisions on military. The law states that the land use element of the general plan shall “[c]onsider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ord inances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace” (Gov. Code § 65302(a)(2)).

To encourage collaboration between the m ilitary and local jurisdictions and to prevent land use conflicts with military installations and training activities, California law created a notification process to inform the military of local land use proposals that might have an impact on military facilities and operations.

The law requires that local governments:

1. Use development permit applications that identify proposed projects within 1,000 feet of a military installation, beneath a low-level flight path, or within special use airspace and

2. Notify the military when a proposed project, or an updated or revised general plan, might have an impact on military facilities and operations (Gov. Code § 65944(d)).

The California Military Land Use Compatibility Analyst (CMLUCA) can help identify where military operations are in relation to cities and counties. CMLUCA can also generate a report to notify the military when there is a project proposed under military airspace. Military Compatibility Planning Resources

Each city and county should implement a process to identify, coordinate, and assist in resolving potential land use conflicts within nearby military training areas or under military special use airspace to ensure that new development is compatible with military operations and with mission training and testing requirements. New development should be reviewed and regulated to avoid impact to military operations areas (MOAs) and to maintain public safety. The General Plan Mapping Tool and the CMLUCA both can help map locations of military operations . The local jurisdiction should inform the military officials of any changes by school districts, charter schools or other state level agencies that may affect military readiness.

Circulation Element:

The circulation element must, consistent with Govern ment Code Section 65302 (b), include the location and extent of existing and proposed:

Included:
✓ Major thoroughfares

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) ✓ Transportation routes
✓ Terminals
✓ Public utilities and facilities

Not applicable:

• Military airports and ports (not within Planning Area)

Housing Element:

State law requires the housing element to address particularly detailed statutory requirements. A housing element must generally include the following parts:

Included:

✓ Review of previous element
✓ Housing needs assessment
✓ Inventory and analysis of adequate sites
✓ Analysis of potential governmental and non-governmental constraints ✓ Housing policies and programs
✓ Quantified objectives

Conservation Element:

The conservation element must address the “conservation, development, and utilization of natural resources including:

Included:

✓ Water and its hydraulic force
✓ Wildlife
✓ Natural Resources
✓ Soils

Not Applicable:

• Forests
• Rivers and other waters
• Harbors and fisheries

Open Space Element:

The Government Code § 65560 requires an open space element to contain detailed information about several categories of undeveloped land. Specifically, the open space element must inventory the following broad categories of open space:

Included:

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

✓ Open space for natural resources
✓ Open space for outdoor recreation
✓ Open space for public health and safety
✓ Open space for tribal resources

Not Applicable:

• Open space for military support
• Open space for managed production of resources

Noise Element

Noise is addressed under the Health, Safety, and Noise Element of the General Plan

The noise element should utilize the most accurate and up-to-date information available to reflect the noise environment, stationary sources of noise, predicted levels of noise, and the impacts of noise on local residents. It should be as detailed as necessary to describe the local situation and offer solutions to local noise issues. It must include the considerations of noise levels from:

Included:

✓ Highways and freeways
✓ Primary arterials and major local streets
✓ Passenger and freight online railroad operations and ground rapid transit systems ✓ Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation Local industrial plants, including, but not limited to, railroad classification yards

The noise element should be used to guide decisions concerning land use and the location o f new roads and transit facilities since these are common sources of excessive noise levels.

Proposed land uses should be analyzed to ensure they are compatible with existing uses in the surrounding area, especially residential developments and sensitive r eceptors, such as schools, hospitals, and places of worship. Additionally, construction noise, especially in urban areas, can be mitigated with policies such as limiting construction hours or days.

Quantitative analysis of noise appears in the General Pla n Environmental Impact Report (EIR).

Policy pertaining to noise mitigation appears in the General Plan Policy document.

Safety Element:

The safety element must, consistent with Government Code Section 65302(g), provide for the protection of the community from any unreasonable risks associated with the effects of:
✓ Seismically induced surface rupture, ground shaking, ground failure ✓ dam failure
✓ Subsidence

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) ✓ Liquefaction
✓ Flooding
✓ Wildland and urban fires
✓ Climate change – Air Quality Element

Not applicable:

✓ Slope instability leading to mudslides and landslides ✓ Tsunami, seiche
✓ Other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body

Environmental Justice:

Senate Bill 1000 (Leyva, 2016) amended Government Code Section 65302 to require that both cities and counties that have disadvantaged communities incorporate Environmental Justice policies into their general plans, either in a separate Environmental Justice element or by integrating related goals, policies, and objectives throughout the other elements upon the adoption or next revision of two or more elements concurrently. The purpose of the legislation is to address the “unique or compounded health risks” in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving o verall health. The law also seeks to facilitate transparency and public engagement in local governments’ planning and decision-making process, reduce harmful pollutants and the associated health risks i n environmental justice communities and promote equita ble access to health -inducing benefits, such as healthy food options, housing, public facilities, and recreation.

The City does not have a separate Environmental Justice element, however, t he City has incorporated Environmental Justice Policies into th e General Plan, since the General Plan’s adoption, as follows:

7.6.2 Environmental Justice

State law defines environmental justice as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementa tion, and enforcement of environmental laws, regulations, and policies. Environmental justice benefits include attractive and extensive green space, healthier children, fewer school days lost to illness and asthma, a more productive workforce, clean air and water, investment in pollution and noise abatement, and landscape improvements.

Policy H59 Health Initiatives

Facilitate the involvement of community residents, businesses, and organizations in the development, adoption, and implementation of community health initiatives.

Policy H60 Health and Land Use Decisions

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Consider environmental justice issues as they are related to potential health impacts associated with land use decisions, including enforcement actions, to reduce the adverse health effects of hazardous materials, industrial activities, and other undesirable land uses on residents regardless of age, culture, ethnicity, gender, race, socioeconomic status, or geographic location.

Policy H61 Public Amenities

Consider environmental justice issues as they are related to the equitable provision of desirable public amenities such as parks, recreational facilities, and other beneficial uses that improve the quality of life.

Policy H62 Public Participation

Assure that all community residents have opportunities to participate in decisions that affect their environment and health, and make accommodations for them to be involved in the decision - making processes.

Policy H63 Use of Communication Tools, New Media, and Technology

Use traditional communication tools as well as new media and technology to provide clear and current information on City processes and decisions and to encourage public participation in City government.

The General Plan is deficient in addressing Environmental Jus tice in the Air Quality element, specifically.

SB 1000 requires a local government to prepare an EJ Element or integrate EJ -related policies into other elements when both of the following conditions apply:

1. “The concurrent adoption or next revision of two or more other General Plan elements on or after January 1, 2018.” For example, if a local jurisdiction is simultaneously updating its Land Use and Circulation elements, it must prepare an EJ Element or integrate EJ policies throughout its General Plan as part of the update.

2. When a local jurisdiction identifies one or more disadvantaged communities (DACs) within its General Plan planning area.

DACs have been identified in the General Plan planning area; therefore, when two or more General Plan elements are amended, incorporation of Environmental Justice into the Air Quality element will be required.

Tribal Consultation - AB 168 Compliance

New state legislation effective on September 25, 2020 requires that this APR include a progress report on adopting or amending the General Plan and/or Open Space Element to ensure compliance with the obligation to consult with California Native American Tr ibes and to identify and protect, preserve, and mitigate impacts to specified places, features, and objects in Sections 5097.9 and 5097.993 of the Public Resources Code (PRC), described below.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report)

PRC 5097.9 states that no public agency or private party using or occupying public property shall interfere with the free expression or exercise of Native American religion nor cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shr ine located on public property. Public property within City limits is exempt, except for parklands in excess of 100 acres. PRC 5097.993 states that a person that excavates, removes, destroys, injuries, or defaces certain Native American resources on public or private land (with some exceptions) is guilty of a misdemeanor if committed with specific malicious intent. Protected resources include Native American historic, cultural, or sacred sites on public land or private land that are listed or may be eligible for listing in the California Register of Historic Resources including any historic or prehistoric ruins, any burial ground, any archaeological or historic site, any inscriptions made by Native Americans at such a site, any archaeological or historic Native American rock art, or any archaeological or historic features of a Native American historic, cultural, or sacred site.

In accordance with City policies and state law, tribal consultation is conducted for the following:

• Prior to adoption or amendment of the General Plan or specific plans on or after March 2, 2005, in accordance with Senate Bill 18;
• For Environmental Impact Reports and Negative Declarations effective July 1, 2015 for projects within geographical areas affiliated with tribes, per the Ca lifornia Environmental Quality Act and Assembly Bill 52; and
• For eligible housing projects requesting a streamlined ministerial approval process under Senate Bill 35 as of September 25, 2020, per Assembly Bill 168.

The City’s General Plan contains Tribal Consultation requirements, as follows, in accordance with State requirements:

5.6.2 Archaeological Resources

Native Americans have established many places which they consider sacred. Sacred sites vary in form, ranging from settlements where Native Americans lived to specific places of religious significance. Native American sites are confidential and their locati ons cannot be published. A board-certified archaeologist is qualified to review maps and data to identify their locations.

Policy O46 Archaeological Site Consultation

Consult with appropriate Native American associations about potential archaeological sites in the beginning stages of the development review process.

Policy O47 Archaeological Site Study

Require archaeological studies by a certified archeologist in areas of archeological potential significance prior to approval of development projects.

5.6.3 Cultural Resources

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) The City has a number of resources within Hanford that contribute to its unique culture, yet are not officially listed as historic resources. The Temple Theater, Fox Theater, Kings Art Center, Old Post Office, B astille, Hanford Civic Auditorium, and Hanford Veteran’s Memorial Building are some of the cultural resources that the City treasures.

Policy O48 Cultural Site Consultation

Consult with the California Archaeological Inventory Southern San Joaquin Valle y at California State University, Bakersfield about potential cultural sites on projects that could have an impact on cultural resources.

Policy O49 Cultural Site Discovery

Halt construction at a development site if cultural resources are encountered unexpectedly during construction

Recommendation: It is recommended that updates to the General Plan reference and incorporate further protections for sacred sites and places of worship per State law and the municipal code be updated as needed.

SUMMARY:

The City of Hanford has approved and undertaken several projects, which implement the goals and policies of the General Plan.

The General Plan is comprehensive and generally satisfies the requirements of the Office of Planning and Research, with some deficiencies, including:

1. Incorporation of information pertaining to Military Land Use Compatibility.

2. Explicitly addressing environmental justice in the Air Quality Element

3. Incorporation of further protections for sacred sites and places of worship, per State law.

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Attachment: Attachment 1 - GP APR Reporting 2021 (General Plan Annual Progress Report) Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

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Attachment: Exhibit A - Housing Annual Progress Report (General Plan Annual Progress Report)

AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: B

SUBJECT:

City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Arthur Brieno

RECOMMENDATION:

That the City Council, by motion, approve the denial of the attached claim and authorize the City Clerk to send out notification of such to the claimant.

BACKGROUND:

A claim for damages against the City was received by the following claimant: Arthur Brieno.

After review by the City Attorney's office, it is the City Manager's decision to act in accordance with the recommendation of the City Attorney to deny the claim.

FISCAL IMPACT:

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 4/5/2022

AGENDA SECTION: A

SUBJECT:

Council Future Agenda Items

FISCAL IMPACT:

ATTACHMENTS:

Council Future Agenda Items

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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

Tom Webb

5/17/2022

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

Mario
Cifuentez

5/3/2022

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Attachment: Council Future Agenda Items (Council: Future Agenda Items)