Legislative immunity is limited. Second, city council members may well not have legislative immunity with regard to actions toward individual employees. This is particularly true if the council member acts unilaterally. Typically, when a city council member acts as a legislator, he or she has absolute immunity. But that immunity can be lost when the legislator takes actions outside the “sphere of legitimate legislative activity.”3 Accordingly, if a council member takes any unilateral actions concerning an individual employee, he or she could risk loss of legislative immunity. Even actions taken collectively with the full council might conceivably lack immunity if they relate to specific individuals instead of furthering general city policy.
Under California law, city council members can be liable for invasion of privacy, among other things. Third, the threat of liability presents another factor that limits council member roles toward individual employees. One potential type of liability is for invasion of privacy. In one case, Braun v. City of Taft, a city council member was subject to censure by the council for removing documents from a city employee’s personnel file and revealing them to the press.
Although the court ultimately determined that the particular documents were public records that could legally be disclosed, the court remanded the case to the council to allow it to decide whether the member should suffer censure for other reasons. These possible reasons included his “unilateral decision regarding [the documents’] suitability for disclosure.”4 Other courts have articulated that public employees can have limited privacy rights in their personnel files.5 Employees can thus argue that improper review and/or disclosure should result in personal liability for invasion of privacy.6
Other officials, such as city managers, are charged with overseeing city employees. Fourth, council member actions with regard to individual employees may be considered suspect because other high level city officials are officially charged with supervising and/or overseeing individual employees. Most cities appoint city managers to provide overall supervision to a city’s human resources function. Because a designated official already has this responsibility, there should be little need for city council members to become involved with individual employees.7
PRACTICALADVICEFORDEALINGWITHINDIVIDUALEMPLOYEES
PRACTICAL ADVICE FOR DEALING WITH INDIVIDUAL EMPLOYEES
Refrain from doing so, unless it is a part of one’s obligations to the city. The most prudent course for a city council member is to refrain from taking action or otherwise becoming involved in any supervisory role, with respect to individual city employees.
Proceed as part of properly convened city council meetings and not individually. If a council member must become involved in decisions with respect to an individual employee, the member should not act unilaterally but should instead act as part of the council. The member should also act pursuant to the requisite formalities that will ensure legislative immunity applies.
The city manager or other appropriate city employee should interface with employees. Tasks such as reviewing employee personnel files, gathering information from supervisors and providing instruction as to particular employees should be done by the city manager or other official charged with overseeing the city’s employment structure. This is true even for matters of public interest. If city residents object to the conduct of particular employees, the council can respond by asking the city manager to investigate and take appropriate action regarding the objections. For example, in a small city experiencing resident complaints about rude police officers, the council should itself refrain from taking direct action as to those officers. Instead, it can ask the city manager to investigate and respond to the issue globally. The city manager can then, as part of his or her comprehensive response, take appropriate employment action as to the officers in question.
Comply with the Brown Act. The Ralph M. Brown Act provides that certain official bodies, including city councils, may only act through duly called and regularly held meetings that are open to the public. A city council can conduct closed meetings to discuss certain personnel matters. These include meetings in which the council discusses the “appointment, employment, evaluation of performance, discipline, or dismissal of a public employee …”8 This closed meeting exception, however, may apply only to the council’s consideration of employees over whom the council has appointing authority (for example, city managers, city attorneys and others). A California attorney general opinion describes that the closed meeting exception does not apply to a body’s consideration of an employee over whom it does not have
appointing authority.9 Lack of compliance with the Brown Act may lead to adverse legal consequences, which include voiding the actions that the council takes.
Consult with legal counsel. These issues can be complex. Also, situations where council members must take a role with regard to city employees will be rare. Council members should obtain legal advice when such circumstances arise to ensure they undertake their role appropriately.
FOOTNOTES:
[1] Wolfe v. City of Fremont, 144 Cal. App. 4th 533, 541, 543 (2006); see also Moreno v. King, 127 Cal. App. 4th 17, 20 (2005) (city council’s termination of finance director was ineffective because of failure strictly to comply with notice provisions of Brown Act). [2] See Braun v. City of Taft, 154 Cal. App. 3d 332, 338-40, 347-48 (1984) (considering council member’s censure for unilaterally disclosing personnel records to the public). [3] Bogan v. Scott-Harris, 523 U.S. 44, 54, 118 S. Ct. 966, 140 L.Ed.2d 79 (1998) (council members have immunity from civil rights liability for all actions taken “in the sphere of legitimate legislative activity”). For legislative immunity under federal law, courts apply a four- part test: “(1) whether the act involves ad hoc decision-making, or the formulation of policy; (2) whether the act applies to a few individuals, or to the public at large; (3) whether the act is formally legislative in character; and (4) whether it bears all the hallmarks of traditional legislation.” Kaahumanu v. County of Maui, 315 F.3d 1215, 1220 (9th Cir. 2003). “Whether an act is legislative turns on the nature of the act, rather than on the motive or intent of the official performing it.”Bogan, 523 U.S. at 54.
[4] Braun, 154 Cal. App. 3d at 338-40, 347-48.
[5] Id. at 346-48.
[6] See Hill v. National Collegiate Athletic Assn., 7 Cal. 4th 1, 35-38 (1994).
[7] Indeed, at least one Attorney General Opinion describes that the Brown Act closed meeting exception does not apply to a body’s discussion of employees over whom the body does not have appointing authority.See 85 Ops. Cal. Atty. Gen. 77 (2002). This supports the position that a council should delegate decision-making over such employees, since it would otherwise have to consider their performance in open session.
[8] Cal. Gov. Code § 54957(b)(1).
[9] 85 Ops. Cal. Atty. Gen. 77 (2002).
ABOUT LEGAL NOTES
This column is provided as general information and not as legal advice. The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.
This article appears in the March 2007 issue of Western City Did you like what you read here? Subscribe to Western City
13.A.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.
RECOMMENDATION:
Recommendation:
Recommended Motion:
BACKGROUND:
FISCAL IMPACT:
ATTACHMENTS:
None
13.B.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of FY 23/24 blanket purchase orders (BPOs) over $50,000 for various divisions in the Public Works Department. The total amount of these BPOs for FY 23/24 is $5,520,900.
RECOMMENDATION:
Recommendation: Staff recommends that City Council approve the following Annual Blanket Purchase Orders (BPO) for a total of $5,520,900 for FY 23/24, which has already been appropriated in the Council-adopted budget.
Public Works FY 23/24 Blanket POs over $50,000
VENDOR NAME DESCRIPTION BPO AMOUNT
FLEET MAINTENANCE
BUFORD OIL COMPANY INC FUEL, OIL & GREASE $ 150,000 SILVAS OIL CO INC FUEL, OIL & GREASE $ 110,000
KINGS PETROLIUM FUEL, OIL & GREASE $ 706,070
CENTRAL VALLEY GMC VEHICLE PARTS & LABOR $ 130,000 RUCKSTELL CALIF SALES CO VEHICLE PARTS AND LABOR $ 121,920 DELRAY TIRE & RETREADING, INC TIRES, TUBES, PARTS AND LABOR $ 114,320 BADASCI TIRE CO, INC TIRES, TUBES, PARTS AND LABOR $ 198,160 $ 1,530,470
REFUSE
KINGS WASTE & REC AUTHORITY TIPPING FEES $ 2,556,380 WASTEQUIP MANUFACT. CO REFUSE CONTAINERS, COMM & RES $ 400,000 $ 2,956,380
WASTEWATER OPERATIONS
THATCHER CO OF CALIF INC CHLORINE $ 389,610
TELSTAR INSTRUMENTS, INC EQUIPMENT MTCE $ 167,000 FRUIT GROWERS LABORATORY, PROFESSIONAL LAB SERVICES $ 106,440 $ 663,050
WATER OPERATIONS
UNIVAR SOLUTIONS USA INC HYPOCHLORITE (chlorine) $ 371,000 $ 371,000
RECOMMENDED MOTION:
Move to approve the purchase orders listed in this report for a total of $5,520,900.
BACKGROUND:
Per Hanford Municipal Code 2.48.060, the City Council has the sole authority to authorize purchases exceeding fifty thousand dollars, regardless of whether or not the funding has already been appropriated in the adopted budget. Additionally, purchases of $2,500 or more must have either formal or informal bids or a sole-source justification provided.
The purchase orders listed above cover annual contracts for the Public Works department of the City of Hanford.
• Fleet Maintenance BPOs include annual contracts for petroleum products, vehicle parts, and tire services.
• Refuse BPOs are for tipping fees and the purchase of refuse containers. • Wastewater Operations BPOs are for the purchase of chlorine as well as laboratory testing and instrumentation maintenance and repair.
• Water Operations utilizes a BPO for the purchase of hypochlorite (liquid chlorine) for disinfection.
All of these contracts will be monitored by staff on an ongoing basis. For some purchases and/or services, multiple vendors are identified. When purchasing these products/services, all of the vendors are polled and vendor with the lowest price (or in some cases, fastest service) is selected.
FISCAL IMPACT:
Purchase orders total $5,520,900 of approved spending. These expenses will come out of previously approved budget appropriations across all listed divisions for fiscal year 2023/2024.
ATTACHMENTS:
None
13.C.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Final Map and Subdivision Agreement for Tract No. 934 with Lennar Homes of California, LLC, and adopt the attached Resolution 23-27-R Establishing the Formation of Assessment District No. 20-02; and adopt the attached Resolution 23-31-R Intention to Levy Assessment and Confirmation of Engineer's Report; and adopt the attached Resolution 23-30-R Initiating Proceedings for the Formation of Assessment District No. 20-02.
RECOMMENDATION:
That City Council by motion:
1. Approve the Final Map and Subdivision Agreement for Tract No. 934 with Lennar Homes of California, LLC; and
2. Adopt the attached Resolution 23-27-R Establishing the Formation of Assessment District No. 20-02; and
3. Adopt the attached Resolution 23-31-R Intention to Levy Assessment and Confirmation of Engineer's Report; and
4. Adopt the attached Resolution 23-30-R Initiating Proceedings for The Creation of Assessment District No. 20-02
BACKGROUND:
The final subdivision map for Tract No. 934, Lennar Homes subdivision, a 161-lot subdivision located as shown on the attached map, has been checked and approved by staff. The developer of Tract No. 934 Subdivision is Lennar Homes of California, LLC. All required fees have been paid, and proper improvement security bonds for all required subdivision improvements have been posted in accordance with the attached Subdivision Agreement, which has been reviewed and approved by the Public Works Department and signed by the developer. The Final Map, Subdivision Agreement, and developer bonds are attached for council review.
The Tract conditions of approval require the lots of the subdivision to be included within Landscape Assessment District (LAD) 20-02, for purposes of funding maintenance of neighborhood park improvements and landscape, irrigation, and decorative block wall improvements. The adoption of Resolution No. 23-27-R will form the LAD areas shown in the attached exhibits. The Tract 934 LAD Engineer Report is attached for council review.
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. No impact to the budget will result from approval of the Resolution for the formation of Landscape Assessment District No. 20-02.
ATTACHMENTS:
1. Tract 934 Engineer's Report LAD 20-02
2. Tract 934 - Final Subdivision Agreement_Unsigned
3. Tract 934 LAD Exhibits
4. 23-31-R TR. 934 LAD 20-02 - Intention to Levy Reso
5. 23-27-R TR. 934 LAD 20-02 - Establish Formation and Confirm Levy
6. 23-30-R TR. 934 LAD 20-02 - Reso. Initiating Proceedings
7. Tract 934 - Subdivision Performance Bond_$10,331,771.86_05252023
8. Tract 934 - Waiver of Hearing
9. Tract 934 - Right to Farm
10. Tract 934 - Statement of Covenants
11. Tract 934 - Subdivision Payment Bond_$5,165,885.93_05252023
ATTACHMENT “A”
ENGINEER’S REPORT
ASSESSMENT DISTRICT FORMATION NO. 20-02
(Pursuant to the Landscaping and Lighting Act of 1972)
TRACT NO. 934-LENNAR HOMES
NOTE: Assessment District Formation of Landscape Assessment District No. 20-02.
Lisa Dock, City Engineer and Engineer of Work for the formation of Landscape Assessment District No. 20-02, City of Hanford, Kings County, California, makes this report for the formation of a Landscape Assessment District as directed by City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements to be constructed and maintained in the District provide special benefits to all of the parcels within the District about and beyond general benefits conferred on parcels located in the District or to the public at large. Specifically, the particular and distinct special benefits include:
1. Reduction of traffic noise level from the street located adjacent to the District;
2. Restriction of unwanted pedestrian access onto the lots and parcels within the District;
3. Enhancement of appearance of the entrance into the subdivision which is included within the District;
4. Reduction of impact of dust and other particulate matter onto the lots and parcels within the District;
The improvements which are the subject of this report are briefly described as follows:
1. Decorative masonry block wall fencing, and landscape & irrigation system improvements located along 13th Avenue, Grangeville Blvd., North Sophia Street, West Ella Street, West Cornell Street and North Frontier Street, located adjacent to and within Tract No. 934 Lennar Homes.
2. Interior street lighting within Tract 934 Lennar Homes.
This report consists of six parts as follows:
Exhibit “A”: Plans and specifications for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are incorporated herein by reference.
Exhibit “B”: An estimate of costs to maintain the improvements.
Exhibit “C”: An assessment of the estimated maintenance costs on each benefited parcel of land within the Assessment District.
Exhibit “D”: A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.
Exhibit “E”: A list of the names and addresses of the property owners of real property within each assessment district as shown on the last equalized assessment roll for taxes, or known to the Clerk. The list is keyed to Exhibit “C” by assessment number.
ATTACHMENT “A” continued…
Exhibit “F”: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Exhibit “C” by lot number.
Respectfully submitted,
Lisa Dock, P.E.,
City Engineer
ENGINEER’S REPORT
ASSESSMENT DISTRICT FORMATION NO. 20-02
(Pursuant to the Landscaping and Lighting Act of 1972)
TRACT NO. 934-LENNAR HOMES
The undersigned hereby respectfully submits the enclosed Engineer’s Report as directed by the City Council.
DATED:
______________________________________
Lisa Dock, P.E.
City Engineer
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessments and Assessment Diagram thereto attached was filed with me on the ______ day of _____________________________, 20 .
Natalie Corral
City of Hanford, City Clerk
Kings County, California
By _____________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessments and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Hanford, California, on the ______ day of __________________________, 20 .
Natalie Corral
City of Hanford, City Clerk
Kings County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessments and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Kings on the ______ day of __________________________, 20 .
Natalie Corral
City of Hanford, City Clerk
Kings County, California
By ______________________________________
EXHIBIT “A”
ASSESSMENT DISTRICT FORMATION NO. 20-02
(Pursuant to the Landscaping and Lighting Act of 1972)
TRACT NO. 934-LENNAR HOMES
NOTE: Landscape Assessment District No. 20-02.
Plans and specifications for the improvements are those prepared by Precision Civil Engineering, Inc. and Lennar Homes for the City Engineer. These plans and specifications have been filed separately with the Clerk of the Legislative Body and are incorporated in this report by reference.
EXHIBIT “B”
CITY OF HANFORD
ENGINEER’S REPORT
ASSESSMENT DISTRICT FORMATION NO. 20-02
FISCAL YEAR 2023-2024
ESTIMATED ASSESSMENTS
TRACT NO. 934-LENNAR HOMES
FY 2023-2024
ITEM ESTIMATE
NO. DESCRIPTION UNITS RATE AMOUNT
A. MAINTENANCE COSTS
1. Landscape and Irrigation System along 105,217 SF $ 0.3/SF $31,565.10 13 th Avenue, Grangeville Blvd,
Cornell Street, Frontier Street and
Sophia Street
(Labor and Materials)
2. Decorative Block Walls along W. 4,246 LF $ 0.50/LF $ 2,123.00 13 th Avenue, Grangeville Blvd,
Cornell Street, Frontier Street and
Sophia Street
(Labor and Materials)
3. Water Usage Five services $ 1,800.00/ea $ 9,000.00 ($150/mo./Service x 12 = $1800.00/Service)
4. Electricity Usage Five meters $ 360.00/ea $ 1,800.00 ($30/mo./Meter x 12 = $360.00/Meter)
5. Street Light Usage 23 St. Lights $ 144.00/Lt./Yr. $ 3,312.00 ($12/Lt./Mo. x 12 = $144.00/Lt./Yr.)
B. INCIDENTAL COSTS/FORMATION COSTS
1. Staff Preparation of Documents $ 325.00 $ 325.00
2. Collection of Assessment $ 121.00 $ 121.00
TOTAL ANNUAL SUBDIVISION ASSESSMENT AMOUNT $50,246.10
TRACT NO. 934- LENNAR HOMES
LOTS 1 THROUGH 161 SHALL BE ASSESSED: $ 312.09
C. ADJUSTMENT FOR INFLATION IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 53739(b)(1).
The Annual Total Subdivision Assessment Amount will be adjusted for inflation on an annual basis in accordance with the following formula:
Commencing with the calendar year 2023-2024, and January 1 of each calendar year (“Adjustment Date”) thereafter during the life of the District, the Total Annual Subdivision Assessment Amount for the next fiscal year shall be an amount equal to the greater of:
(i) the Total Annual Subdivision Assessment amount in effect immediately prior to the Adjustment Date, or
(ii) the product obtained by multiplying the Total Annual Subdivision Assessment in effect immediately prior to the Adjustment Date by a fraction, the numerator of which is the Index published nearest but prior to the Adjustment Date and the denominator of which is the Index published nearest but prior to January 1 of the first year the Subdivision Assessment became effective.
The term “Index” means the Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose Consolidated Statistical Area, 1982-1984, equals 100, published by the Bureau of Labor Statistics of the United States Department of Labor. If the Bureau of Labor Statistics revises the Index, the Bureau of Labor Statistics will be the sole judge of the comparability of successive indexes, but if that agency fails to supply indexes that it deems comparable or if no succeeding index is published, the City shall determine an appropriate alternative published price index.
EXHIBIT “C”
ASSESSMENT ROLL AND
ESTIMATED ASSESSMENTS
TRACT NO. 934-LENNAR HOMES
ASSESSMENT AMOUNT OF PROPERTY DESCRIPTION OR
NUMBER ASSESSMENT ASSESSOR PARCEL NUMBER
1 Through 161 $312.09 Lot 1 through 161, Tract 934
Total Assessment: $ 50,246.10
EXHIBIT “D”
METHOD OF APPORTIONMENT OF ASSESSMENT
ASSESSMENT DISTRICT FORMATION NO. 20-02
(Pursuant to the Landscaping and Lighting Act of 1972)
TRACT NO. 934-LENNAR HOMES
NOTE: Landscape Assessment District No. 20-02.
The method of apportionment of Landscape Assessment District 20-02 maintenance costs is as follows:
100% of the maintenance costs divided equally between Lots 1 through 161 of Tract 934-Lennar Homes
EXHIBIT “E”
PROPERTY OWNERS LIST
ASSESSMENT DISTRICT RESTRUCTURE NO. 20-02
TRACT NO. 934-LENNAR HOMES
ASSESSMENT OWNERS
NUMBERS PROPERTY DESCRIPTIONS NAME AND ADDRESS
1 through 161 009050001000 R-HEARTHSTONE
009050002000 LOT OPTION POOL 2, L.P.
009050003000 A Delaware Limited Partnership 009050004000
009050005000 AND
LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA CORPORATION
CITY OF HANFORD
SUBDIVISION AGREEMENT
TRACT NO. 934
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into this _________ day of ______________________, 2023, by and between R-HEARTHSTONE LOT OPTION POOL 02, L.P. ("OWNER"), LENNAR HOMES OF CALIFORNIA, 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. 934 ("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.
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
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. 934, 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
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.
5 5. Liability.
a. SUBDIVIDER, at SUBDIVIDER’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.
i. Workers Compensation Coverage. 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.
ii. Commercial General Liability (CGL) Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with a limit of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and a general aggregate limit of no less than FOUR MILLION AND NO/100 DOLLARS ($4,000,000).
iii. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), or if SUBDIVIDER has no owned autos, Code 8 (hired) and 9 (non-owned),with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.
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.”
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 section; 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.
6 b. Any deductibles or self-insured retentions must be declared to and approved by the City.
c. The policies are to contain, or be endorsed to contain, the following provisions:
i. 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 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, CG 20 26, CG 20 33 or CG 20 38 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 and its officers, officials, employees or volunteers.
ii. For any claims related to this Agreement, SUBDIVIDER’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as to 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.
iii. Each insurance policy required above shall provide that coverage shall not be canceled or modified, except with fifteen (15) days prior written notice to the City.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
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
7 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.
d. SUBDIVIDER hereby grants to the 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 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.
e. 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.
8 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. Permits and Compliance.
Should SUBDIVIDER be required to perform any work within any public rights-of-way or easements located beyond the Subdivision limits, SUBDIVIDER shall satisfy any and all requirements, other than the payment of fees, as necessary to obtain an encroachment permit for said work.
SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities that interfere with the construction of the IMPROVEMENTS.
The SUBDIVIDER shall be responsible for the full cost of relocating such facilities.
The SUBDIVIDER shall repair any damage to public streets or other public property or improvements resulting from 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.
9 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, 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.
8. 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
10 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.
9. 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
11 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.
10. 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.
11. 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
12 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 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 12. Sole and Only Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all 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.
13. 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.
14. 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.
15. 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
14 Agreement shall not be assignable by SUBDIVIDER without the express prior written consent of CITY.
16. Governing Law.
This Agreement shall be construed and governed pursuant to the laws of the State of California.
17. Time of the Essence.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the _____ day of _______________________, 2023.
OWNER: R-HEARTHSTONE LOT OPTION POOL 02, L.P., a Delaware limited partnership
By: R-Hearthstone PBLOJV GP, LLC, a Delaware
limited liability company its General Partner
By: _________________________________________
Steven C. Porath
Authorized Person
SUBDIVIDER: Lennar Homes of California, LLC
A California Limited Liability Company
By: __________________________________________
Mike Miller, Vice President
CITY OF HANFORD APPROVAL: By: __________________________________________ Lisa Dock, P.E.
City Engineer, City of Hanford
ATTEST: By: __________________________________________ Natalie Corral
City Clerk, City of Hanford
15 EXHIBIT "C"
SUBDIVISION IMPROVEMENT COST ESTIMATE
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. $499,010.00
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.
$301,280.00
Water System
Construction of water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $504,990.00
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. $1,273,480.00
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. $1,535,326.00
16 Street Lighting
Install street lighting as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $93,000.00 Street Barricades
Install street barricades as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $0.00 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. $1,076,512.00 Monuments and Lot Markers
Install permanent monuments and lot markers in accordance with City Standards and Specifications. $0.00
Engineering Services
Engineering, surveying, & geotechnical services associated with Completion of the Subdivision Improvements. $1,055,000.00 Earthwork Improvements
Excavation & Compaction $574,285.00
Subgrade Compaction & Fine Grade $0.00
Final Lot Grading $112,700.00
Total Improvements subject to Plan Review & Insp. Fee $7,025,583.00 Total Improvements with additional 10% Contingency $7,728,141.30 Total Improvements with additional 20% Prevailing Wage $9,273,769.56 Private Utilities
Applicant Install Utilities Onsite Construct $1,058,002.30 (Includes Rule 20)
Total Estimated Improvement Cost (To be bonded with Final Map) $10,331,771.86
SECURITY REQUIREMENTS
Performance $10,331,771.86
Labor and Materials (50%) $5,165,885.93
Warranty (Minimum 12-mo. from N.O.C.) (10%) $1,033,177.19
17 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 $ 201,635.44
Total City Engineering Review and Inspection Fee obligation $ 211,560.44 Fee balance payable with this Agreement Acct. #0001-20100000-493700 $ 211,560.44
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. #0161-21600000-549400 (8.07 Ac @ $1,734.30/Ac) $ 7,747.28 (Determined at completion of final map review.)
Street Sign Fee, Acct. #0001-20100000-493700 (19 @ $200.00 Ea.) $ 3,800.00 (Per intersection cost for sign blades furnished by City.)
Final Map Review Fee, Acct. #0001-20100000-493700 $ 950.00 (Determined at completion of final map review.)
Engineering Plan Review & Inspection Fees, Acct. #0001-20100000-493700 $ 211,560.44 (Additional fees to be determined at completion of final map review)
Storm Drainage Impact Fees, Acct. #0184-21840000-550400 (N/A) $ 0.00 (Onsite drainage Basin provided, no impact to existing City drainage)
Building Dept. block wall plan review fees paid from Acct. #0001-20100000-493700 $ 1,464.71 (Additional fees, if any, to be determined at completion of block wall plan review)
SUBTOTAL $ 225,522.43
PAID: $ 0.00
BALANCE DUE: $ 225,522.43
LINE TABLELINEBEARINGLENGTHCURVE DATACURVERADIUSDELTALENGTH 0 100'50'SCALE 1" = 100'LEGEND
GRANGEVILLE BOULEVARD
NORTH JENNIELAKE TRAIL
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-1.DWG 7/20/2023 4:59:01 PM
EXHIBIT B-1
13TH AVENUE
NORTH JENNIE LAKE TRAILNORTH SOPHIA STREET
WEST CAMBRIDGE STREET
WEST CORNELL STREET
13TH AVENUE
0 100'50'SCALE 1" = 100'
GRANGEVILLE BOULEVARD
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-2.DWG 7/20/2023 5:00:54 PM
EXHIBIT B-2
LEGEND
NORTH JENNIE LAKE TRAILCAMBRIDGE STREET
GRANGEVILLE BOULEVARD
Δ
13TH AVENUE
LINE TABLELINEBEARINGLENGTH
0 60'30'SCALE 1" = 60'
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-3.DWG 7/20/2023 5:02:23 PM
EXHIBIT B-3
LEGEND
NORTH JENNIE LAKE TRAILCAMBRIDGE STREET
GRANGEVILLE BOULEVARD
NORTH FRONTEIR STREET
Δ
13TH AVENUE
LINE TABLELINEBEARINGLENGTH
0 100'50'SCALE 1" = 100'
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-4.DWG 7/20/2023 5:03:58 PM
EXHIBIT B-4
LEGEND
NORTH FRONTEIR STREET
NORTH MUSTANGDRIVE
WEST ELLA STREET
Δ13TH AVENUENORTH JENNIE LAKE TRAIL
LINE TABLELINEBEARINGLENGTH
0 100'50'SCALE 1" = 100'
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-5.DWG 7/20/2023 5:05:05 PM
EXHIBIT B-5
LEGEND
GRANGEVILLE BOULEVARD
NORTH FRONTEIR STREET
NORTH MUSTANGDRIVE
WEST ELLA STREETΔ
GRANGEVILLE BOULEVARD
13TH AVENUENORTH JENNIE LAKE TRAIL
LINE TABLELINEBEARINGLENGTHCURVE DATACURVERADIUSDELTALENGTH 0 100'50'SCALE 1" = 100'LEGEND
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-6.DWG 7/20/2023 5:07:10 PM
EXHIBIT B-6
GRANGEVILLE BOULEVARD
13TH AVENUE
CURVE DATACURVERADIUSDELTALENGTHLINE TABLELINEBEARINGLENGTH
WEST CORNELL STREET
WEST HANNAH STREET
0 100'50'SCALE 1" = 100'
NORTH JENNIE LAKE TRAILNORTH FRONTIER STREET
LEGEND
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-7.DWG 7/20/2023 5:08:36 PM
EXHIBIT B-7
13TH AVENUE
LINE TABLELINEBEARINGLENGTHCURVE DATACURVERADIUSDELTALENGTH
WEST CORNELL STREET
WEST HANNAH STREET
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-8.DWG 7/20/2023 5:10:12 PM
EXHIBIT B-8
0 100'50'SCALE 1" = 100'
GRANGEVILLE BOULEVARD
NORTH JENNIE LAKE TRAIL
LEGEND
NORTH FRONTIER STREET
NORTH JENNIE LAKE TRAILNORTH SOPHIA STREET
CAMBRIDGE
WEST CORNELL STREET
NORTH WEAVER LANE
STREET13TH AVENUE
LINE TABLELINEBEARINGLENGTH
CURVE DATACURVERADIUSDELTALENGTH
0 100'50'SCALE 1" = 100'
GRANGEVILLE BOULEVARD
DESCRIPTION:PROJECT NAME:1FIGURE AREA TO BEMAINTAINED FOR LANDSCAPEMAINTENANCE DISTRICTTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT EXHIBIT B-9.DWG 7/20/2023 5:11:27 PM
EXHIBIT B-9
LEGEND
WEST
CENTENNIAL DRIVE13TH AVENUE
GRANGEVILLE BOULEVARD
WEST ELLA STREET
WEST MALONE STREETELIZABETH DRIVEMADELINE DRIVE
DESCRIPTION:PROJECT NAME:1FIGURELOCATION MAPTRACT NO. 93420-1337/20/2023P:\CIVIL 3D PROJECTS\2020\20-133\SURVEY AND MAPPING\SURVEY EXHIBITS\LANDSCAPE EASEMENT EXHIBITS\20-133 LANDSCAPE EASEMENT LOCATION MAP.DWG 7/20/2023 9:32:26 AM
EXHIBIT B
0 400'200'SCALE 1" = 400'
CITY ATTORNEY
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RECORDING REQUESTED BY:
CITY OF HANFORD
WHEN RECORDED RETURN TO:
Natalie Corral
CITY OF HANFORD
319 North Douty Street
Hanford, California 93230
RESOLUTION NO. 23-31-R
RESOLUTIONS OF THE CITY COUNCIL OF THE
CITY OF HANFORD OF INTENTION TO LEVY
ASSESSMENT AND CONFIRMATION OF ENGINEER'S REPORT
At a regular meeting of the City Council of the City of Hanford, duly called and held on August 1, 2023 at 7: 00 p.m., it was moved by Council Member , seconded by Council Member , and duly carried that the following resolutions be adopted:
WHEREAS, on August 1, 2023, the City Council of the City of Hanford adopted a resolution initiating proceedings for the creation of Assessment District No. 20-02 pursuant to the Landscape and Lighting Act of 1972 ("District") for Tract No. 934 – Lennar Homes ("Subdivision") and directing the preparation and filing of the Engineer's Report for the formation of the District;
WHEREAS, the City Engineer has prepared and filed with the City Clerk, an Engineer's Report which includes a full and detailed description of the improvements and boundaries of the District and any zones therein, and also sets forth proposed annual assessments upon assessable lots and parcels of land within the District; WHEREAS, the Engineer's Report establishes that: (1) each lot or parcel of real property which is within the District and which is subject to the levy of the assessment is
CITY ATTORNEY
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receiving a special benefit from the public improvements identified in the Engineer's Report and the maintenance thereof, above and beyond any general benefit to the general public; and (2) the special benefit is proportionate to the amount of the assessment; WHEREAS, the improvements within the District include:
1. Decorative masonry block fencing, landscaping & irrigation systems improvements located along 13th Avenue, Grangeville Blvd., North Sophia Street, West Ella Street, North Frontier Street, within and adjacent to Tract 934.
WHEREAS, the City Council of the City of Hanford reviewed the Engineer's Report and intends to levy and collect the assessment for the District as set forth in the Engineer's Report for the fiscal year 2023-2024;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hanford approves the Engineer's Report as submitted for District; RESOLVED FURTHER, that the City Council for the City of Hanford shall hold a public hearing on its intention to form the District and levy the proposed assessment for the District as set forth in the Engineer's Report, which public hearing shall be held on August 1, 2023 at the hour of 7: 00 p.m. in the City Council Chambers of the Civic Auditorium in Hanford, California. At such public hearing, affected property owners will be afforded an opportunity to give oral testimony and submit writte n ballots identifying the affected property owners' support or opposition to the proposed formation of the District and the levy of assessments for the District.
Passed and adopted at a regular meeting of the City Council of the City of Hanford on August 1, 2023, by the following vote:
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AYES: Council Member
NOES: Council Member
ABSTAIN: Council Member
ABSENT: Council Member
APPROVED:
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF KINGS )
CITY OF HANFORD )
I, NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing resolution was duly passed and adopted by the City Council of the City of Hanford at a regular meeting thereof held on the 18th day of July, 2023.
Dated: ,2023
City Clerk
CITY ATTORNEY
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RECORDING REQUESTED BY:
CITY OF HANFORD
WHEN RECORDED RETURN TO:
City Clerk
CITY OF HANFORD
319 North Douty Street
Hanford, California 93230
RESOLUTION NO. 23-27-R
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HANFORD ESTABLISHING THE FORMATION
OF ASSESSMENT DISTRICT NO. 20-02,
TRACT NO. 934– LENNAR HOMES
AND CONFIRMING LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
At a regular meeting of the City Council of the City of Hanford, duly called and held on August 1, 2023 at 7:00 p.m., it was moved by Council Member , seconded by Council Member , and duly
carried that the following resolution be adopted:
WHEREAS, On August 1, 2023, the City Council of the City of Hanford adopted a resolution initiating proceedings for the creation of Landscape Assessment District No. 20-02 pursuant to the Landscape and Lighting Act of 1972 (“District”) for Tract No. 934 – Lennar Homes;
WHEREAS, on August 1, 2023 the City Council of the City of Hanford adopted a resolution of intention to create the District, levy and assessment and to confirm the Engineer’s Report, which is incorporated herein by reference, with regards to the District; WHEREAS, at its regular meeting on August 1, 2023the City Council for the City of Hanford did approve the Engineer’s Report which: (1) gave a full and detailed description of the improvements and boundaries of the District and any zones therein; (2)
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identified the proposed assessments upon assessed lots and parcels of land within the District; (3) established that each lot or parcel of real property which is within the District and which is subject to the levy of assessment is receiving a special benefit from the public improvements and maintenance thereof identified in the Engineer’s Report above and beyond any general benefit to the general public; and (4) established that the special benefit is proportionate to the amount of the assessment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hanford hereby confirms the Assessment Diagram as originally identified and proposed in the Engineer’s Report and does hereby create Landscape and Lighting Assessment District 20-02 pursuant to the Landscape and Lighting Act of 1972 for Tract No. 934 – Lennar Homes in accordance with the provisions of the Landscape and Lighting Act of 1972;
RESOLVED FURTHER, that the City Council of the City of Hanford hereby confirms the Assessment Diagram and assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2023-2024 as stated in the Engineer’s Report in the amount of $ 50,246.10.
RESOLVED FURTHER, commencing with the calendar year 2023-2024, and January 1 o f each calendar year (“Adjustment Date”) thereafter during the life of the District, the Total Annual Subdivision Assessment amount for the next calendar year shall be an amount equal to the greater of:
(i) the Total Annual Subdivision Assessment amount in effect immediately prior to the Adjustment Date; or
(ii) the product obtained by multiplying the Total Annual Subdivision Assessment in effect immediately prior to the Adjustment Date by a
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fraction, the numerator of which is the Index published nearest but prior to the Adjustment Date and the denominator of which is the Index published nearest but prior to January 1 of the first year the Subdivision Assessment became effective.
The term “Index” means the Consumer Price Index for Urban Wage Earners and Clerical Worker, San Francisco-Oakland-San Jose Consolidated Statistical Area, 1982- 1984, equals 100, published by the Bureau of Labor Statistics of the United States Department of Labor. If the Bureau of Labor Statistics revises the Index, the Bureau of Labor Statistics will be the sole judge of the comparability of successive indexes, but if that agency fails to supply indexes that it deems comparable or if no succeeding index is published, the City shall determine an appropriate alternative published price index.
Passed and adopted at a regular meeting of the City Council of the City of Hanford on August 1, 2023, by the following vote:
AYES: Council Member
NOES: Council Member
ABSTAIN: Council Member
ABSENT: Council Member
APPROVED:
Travis Paden
MAYOR of City of Hanford
ATTEST:
Natalie Corral , City Clerk
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF KINGS )
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Hanford at a regular meeting thereof held on the 1st day of August, 2023.
Dated: , 2023
City Clerk
CITY ATTORNEY
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RECORDING REQUESTED BY:
CITY OF HANFORD
WHEN RECORDED RETURN TO:
Natalie Corral
CITY OF HANFORD
319 North Douty Street
Hanford, California 93230
RESOLUTION NO. 23-30-R
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HANFORD INITIATING PROCEEDINGS
FOR THE CREATION OF ASSESSMENT DISTRICT NO. 20-02
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
FOR TRACT NO. 915 – THE ENCLAVE.
At a regular meeting of the City Council of the City of H anford, duly called and held on August 1, 2023, at 7:00 p.m., it was moved by Council Member , seconded by Council Member , and
duly carried that the following resolutions be adopted:
WHEREAS, a determination has been made that it is necessary to create an assessment district for Tra ct No. 9 34 – Lennar Homes, located within the City of Hanford, California for the purpose of maintenance of certain improvements rel ated to said subdivision.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hanford proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972, for the purpose of maintaining the following improvements:
1. Decorative masonry block fencing, landscaping & irrigation systems improvements located along Grangeville Blvd., 13 th Avenue, North
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Sophia Street, West Ella Street and North Frontier Street, within and adjacent to Tract 934;
RESOLVED FURTHER, that the pro posed assessment district shall be designated Assessment District No. 20-02, City of Hanford, Kings County, California and shall include the land shown on the map designated "Assessment Diagram, Assessment District No. 20-02, City of Hanford, Kings County, California" which map is on file with the City Clerk for the City of Hanford and which map is hereby approved.
RESOLVED FURTHER, that the City Engineer of the City of Hanford is hereby designated engineer for the purpose of the formation of the Assessment District.
The City Council hereby directs the engineer to prepare and file with the City Clerk a report in accordance with Section 22565, et. seq., of the California Streets and Highway Code.
Passed and adopted at a regular meeting of the City Council of the City of Hanford on August 1, 2023 by the following vote:
AYES: Council Member
NOES: Council Member ________________________
ABSTAIN: Council Member
ABSENT: Council Member
CITY ATTORNEY
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APPROVED:
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF KINGS )
CITY OF HANFORD )
I, NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing resolution was duly passed and adopted by the City Council of the City of Hanford at a regular meeting thereof held on the 18th day of July, 2023.
Dated: , 2023
City Clerk
1 WAIVER OF HEARING NOTICE
* * * * *
The undersigned are authorized agents of R-Hearthstone Lot Option Pool 2, L.P. (R- Hearthstone) (Owner) and Lennar Homes (Lennar) (Developer) of County Tract 934 (Tract 934) a partnership of the land that comprises Tract 934.
The City of Hanford (City) intends to form an assessment district (District) in accordance with the Landscape and Lighting Act of 1972 and to levy assessments for the future operation, maintenance, repair, replacement, and improvement of landscaping and lighting in and around the boundaries of Tract 934.
Streets & Highways Code Section 22587 requires the Hanford City Council (Council) to adopt a resolution that gives notice of the time and place at which the Council will hold a hearing (Hearing) on the formation of the District and levy of an assessment (Assessment) against each lot comprising Tract 934.
Pursuant to Government Code Section 53753, the City is to mail a Notice of Hearing to all record owners of lots comprising Tract 934 at least forty-five (45) days prior to the Hearing.
R-HEARTHSTONE AND LENNAR desires for the City to proceed with the formation of the District and levy of the Assessment. As a result, R-HEARTHSTONE AND LENNAR hereby waives: (i) the Streets & Highways Code Section 22587 requirement that the Council establish a Hearing date and time by resolution; and (ii) the Government Code Section 53753 requirement that a Notice of Hearing be mailed to LENNAR at least forty-five (45) days prior to the Hearing.
R-HEARTHSTONE AND LENNAR understands the following:
1. The City will rely upon this Waiver of Hearing Notice (Waiver), and the Council will hold a Hearing on the formation of the Assessment District No. 20-02 at its meeting held August 1, 2023. The Council meeting will begin at 7:00 p.m.
Pacific Time and will occur in the Council Chambers located at 400 N. Douty St., Hanford, CA.
2. R-HEARTHSTONE AND LENNAR will receive a ballot, through which R- HEARTHSTONE AND LENNAR will have an opportunity to vote for or against the formation of the District and the levy of the Assessment. By executing this Waiver, R-HEARTHSTONE AND LENNAR is not obligated to vote in favor of the District’s formation or levy of the Assessment.
3. R-HEARTHSTONE AND LENNAR may submit its completed ballot to the City and change or withdraw its ballot at any time prior to the conclusion of the public testimony portion of the Hearing.
2 4. R-HEARTHSTONE AND LENNAR may provide testimony to the Council during the Hearing. Such testimony may be consistent with or contrary to the ballot that R-HEARTHSTONE AND LENNAR submits to the City.
5. R-HEARTHSTONE AND LENNAR is not required by law to execute this Waiver, and by signing this document, LENNAR voluntarily waives the rights identified above.
Dated: July , 2023 R-Hearthstone Lot Option Pool 2, L.P A Delaware Limited Partnership
By: R-Hearthstone PBLOJV GB, LLC, a
Delaware Limited Liability
Company its General Partner
By:
Steven C. Porath, Authorized Person
Dated: July , 2023 LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
By:
Mike Miller, Vice President
RECORDING REQUESTED BY |
|
City of Hanford |
|
WHEN RECORDED MAIL TO : |
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City of Hanford |
Community Development Department |
317 N. Douty Street |
Hanford, CA 93230 |
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE, DISCLOSURE AND ACKNOWLEDGMENT OF AGRICULTURAL LAND
USE PROTECTION AND RIGHT TO FARM POLICIES OF THE
CITY OF HANFORD
NOTICE IS HEREBY GIVEN pursuant to City of Hanford Ordinance No. 01-16, adopted on November 6, 2001, that the City Council of the City of Hanford has adopted policies which establish agriculture and agricultural facilities and operations as priority uses on productive agricultural lands within Kings County or the City of Hanford, and residents and other occupants of property in the agricultural zone districts should be prepared to accept inconveniences or discomfort from normal, usual, and customary agricultural operations, facilities, and practices.
ASSESSOR’S PARCEL NUMBER: 009050001000, 009050002000, 009050003000, 009050004000, 009050005000
PROJECT APPLICATION NO.: TRACT NO. 934 LENNAR HOMES
LEGAL DESCRIPTION OF PROPERTY:
County Tract No. 934, Lennar Homes as shown on L.S.P K.C.R. containing 36.47 acres more or less. (NET).
The above described property is recognized to be in the vicinity of, or adjacent to, land designated and utilized for agricultural uses, facilities, and operations, and may be subject to inconveniences or discomforts arising from the pursuit of those agricultural operation, including, bu t not limited to, land preparation, cultivation, growing and harvesting of crops, raising of livestock, dairy production, processing of agricultural commodities, viticulture, apiculture, horticulture, aquaculture, poultry and other agricultural operations, Said inconvenience or discomforts may include, but shall not be limited to: equipment and animal noises; farming activities conducted on a 24-hour, 7- day a week basis; odors from manure, fertilizers, pesticides, chemicals, or other sources; the aerial an d ground application of chemicals and seeds; dust; flies and other insects; and smoke from such agricultural operations.
I HEREBY ACKNOWLEDGE AND UNDERSTAND the agricultural land use protection and right to farm policies of the City of Hanford and declare that non-agricultural uses of the subject land, including any residential uses, are secondary and subservient to normal, usual, and customary agricultural activities and operations in the vicinity of the above described property, and HEREBY NOTIFY AND PASS ON said acknowledgment to all subsequent owners and occupants of the above described property.
Lennar Homes of California, LLC
a California limited liability company
R-Hearthstone Lot Option Pool 2, L.P.
a Delaware limited partnership
By: R-Hearthstone PBLOJV GB, LLC,
a Delaware limited liability company,
its General Partner
BY:
Mike Miller, Vice President Date
BY:
Steven C. Porath, Date
Authorized Person
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 validit y of that document.
Acknowledgment
State of California
County of
On before me, Notary
Public, personally appeared _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature (Seal)
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.
Acknowledgment
State of California
County of
On before me, Notary
Public, personally appeared _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature (Seal)
RECORDING REQUESTED BY:
CITY OF HANFORD
AND WHEN RECORDED MAIL TO:
CITY OF HANFORD
PUBLIC WORKS
DEPARTMENT
900 S. 10th Avenue
Hanford, CA 93230
(SPACE ABOVE FOR RECORDER’S USE)
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR
CONTINUED CARE AND MAINTENANCE OF PARKWAY LANDSCAPE
IMPROVEMENTS WITHIN TRACT NO. 934
RECITALS
WHEREAS, R-Hearthstone Lot Option Pool 2, L.P., Lennar Homes of California, LLC, a California limited liability company , are respectively the Owner and the Developer of the real property situated in the City of Hanford, County of Kings, State of California, hereinafter referred to as the “Subject Property”, more particularly described as follows:
Lots 1 through 161, inclusive, of Tract No. 934, according to the Map Thereof recorded on , 2023 in Volume of Licensed Surveyors Plats At Page , Kings County Records.
WHEREAS, the Owner and Developer, as Covenantors, hereby warrant that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, City of Hanford Planning Commission Resolution No. 2021 -29 approved the development of Tract No. 934 conditional upon continued care and maintenance of trees and lawn areas within the landscaped parkways of said Tract No. 934 by the lot owners:
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the final map for the Subject Property by the City of Hanford, the Covenantors hereby covenant, promise, and agree with the City of Hanford for the benefit of the City that:
1. It is the intention hereof that this instrument shall constitute a Covenant in favor of the City of Hanford and shall run with the land and be binding upon the undersigned, and all subsequent grantees, heirs, successors, and assigns.
2. Owners of each lot within Tract No. 934, shall care for and maintain the trees and lawn area located in the parkway in front of their lots. For corner lots, t he lot owners shall also care for and maintain the parkway trees and lawn area along the street side of the lot. All species of trees shall be selected from a list approved by the City Street Tree Commission. The parkway is defined as that land area located between the street curb and the public sidewalk.
3. The trees and lawn area are to be properly pruned, mowed, sprayed, watered and fertilized on a regular ongoing basis in order to preserve the health and life of the trees and lawn area.
4. Should the trees and lawn area become damaged, severely pruned, neglected, removed, or die, the lot owners shall replace said trees and lawn area within a reasonable time frame, but no later than thirty (30) days after the date of written notice from the Ci ty of Hanford. The trees shall be replaced with a 15 gallon size tree of the same species that was originally planted. The lawn area shall be replaced with lawn. Rocks, bark, ground cover, plants or paving are not allowed in the parkway.
5. Covenantors understand and agree that failure to comply with the conditions identified above shall constitute a breach of obligations as identified in this instrument and shall also constitute a violation of the provisions of Chapter 17.68 of the Hanford Municipal Code.
6. The foregoing conditions shall remain in full force and effect unless and until such time as the Director of Public Works of the City of Hanford may execute a written release of such conditions and obligations and cause such release to be recorded in the office of the Kings County Recorder.
7. The provisions of this Covenant shall be deemed independent and severable, and the invalidity or unenforceability of any one provision, or portion thereof, shall not affect the validity or enforceability of any other provision thereof. Whenever the context of the Covenant so requires, in interpreting this instrument, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.
IN WITNESS WHEREOF, Covenantors have executed this instrument on the day of , 2023.
OWNER: `
R-Hearthstone Lot Option Pool 2, L.P.
A Delaware Limited Partnership
By: R-Hearthstone PBLOJV GB, LLC, a
Delaware Limited Liability Company its
General Partner
Steven C. Porath, Authorized Person
DEVELOPER: Lennar Homes of California, LLC
A California limited liability company
By:
Mike Miller, Vice President
CITY OF HANFORD:
By:
Lisa Dock, PE,
City Engineer
ATTEST:
By:
Natalie Corral, City Clerk
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.
Acknowledgment
State of California
County of
On before me, , Notary
Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public (SPACE ABOVE FOR NOTARY SEAL)
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.
Acknowledgment
State of California
County of
On before me, , Notary
Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public (SPACE ABOVE FOR NOTARY SEAL)
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.
Acknowledgment
State of California
County of
On before me, , Notary
Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public (SPACE ABOVE FOR NOTARY SEAL)
13.D.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Adoption of Resolution 23-29-R to update the authorization of investment of monies in the Local Agency Investment Fund.
RECOMMENDATION:
Recommendation: Adopt Resolution 23-29-R to update the authorization of investment of monies in the Local Agency Investment Fund
Recommended Motion: I move to approve Resolution 23-29-R to authorize the investment of monies in the Local Agency Investment Fund
BACKGROUND:
In accordance with the City's Investment Policy, the State of California's Local Agency Investment Fund (LAIF) may be an investment tool for the City. This offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to taxpayers. The City has used this investment tool for many years, with the change in Finance staff over the years, there is a need to update the staffing authorized to conduct transactions on behalf of the City.
There are no proposed changes to the way the City invests, this is just an update of staff positions (and their successors) to conduct business on behalf of the City. The LAIF is generally considered to be one of the most liquid and safe investments an agency can invest in.
As outlined in the attached resolution, the following positions would be authorized:
Finance Director
Finance Manager
Financial Analyst
Accountant
City Manager
FISCAL IMPACT:
This will allow staff to continue to invest monies in the Local Agency Investment Fund (LAIF) in accordance with the City's Investment Policy.
ATTACHMENTS:
1. RESOLUTION LAIF UPDATE 8.1.2023
RESOLUTION NO. 23-29-R
RESOLUTION OF THE CITY OF HANFORD
AUTHORIZING INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City; NOW THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.
BE IT FURTHER RESOLVED, as follows:
Section 1. The following City officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
Chris Tavarez – Finance Director
Destiny Borba – Finance Manager
Aubrey Carri – Financial Analyst
Vacant – Accountant
Mario Cifuentez II – City Manager
Section 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
PASSED AND ADOPTED ON August 1, 2023, by the City Council of City of Hanford (Kings County) of State of California by the following vote:
AYES: _______________________________________________________________ NOES:_______________________________________________________________ ABSENT:_____________________________________________________________ ABSTAIN:_____________________________________________________________ ____________________________
(Travis Paden, 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 _____day of ____ __, 20___.
Date: ____________________
_________________________________
City Clerk
13.E.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Acceptance and authorization for staff to File the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 06/30/2023.
RECOMMENDATION:
Recommended Motion: That the City Council accept the City of Hanford's Quarterly Investment Portfolio and Transactions Report as of 6/30/2023.
BACKGROUND:
Quarterly Investment Report. The City has approximately $116 million in investments and cash as of 6/30/2023.
Recent Activity. The City actively maintains its Wells Fargo cash accounts at a minimum of $2.5 million. To take advantage of the current high interest rates the City purchased $9.75 million worth of securities. Idle cash beyond the necessary $2.5 million minimum cash needed for operations is invested into the local government pools such as LAIF. LAIF is currently outperforming Tulare County Pool by 0.44%. On an ongoing basis, securities which mature are quickly reinvested.
Current Investment Environment. An interest rate increase from the Federal Reserve paused during the month of June, in contrast to consecutive rate hikes during the previous 10 meetings since March of 2022. The next meeting is to take place on July 26th and it is anticipated that there will be one last quarter percentage increase which would set the federal funds rate to 5.25%-5.5%. It would mark the highest rate since 2001. Majority of economists believe this may be the last increase for the time being until they eventually start lowering interest rates (Fox Business).
The 5-year and 10-year Treasury Note interest is currently at 4.15% and 3.86% respectively.
Compared to same time last year the interest rates are approximately 1.35% and 1% higher.
Proposed Actions. With the recent 2-year budget approved and the anticipation of limited funds for City projects over the next couple of years due to debt obligations and unchanging revenue, any excess cash will continue to be invested in securities limited to 2–3-year terms or LAIF. The City should take advantage of the last rate hike that is anticipated to occur during the upcoming period.
Summary. The primary purpose of the City’s cash is to provide residents of Hanford with services. In order to maximize the earnings potential on the City’s idle cash, the City utilizes registered securities dealers to purchase low-risk investments which will provide a higher return versus allowing the cash
to be held in savings accounts earning little to no interest. Additionally, idle cash is also held with government pools, including Tulare County Investment Pool and State of California LAIF. It is the policy of the City to invest public funds in a manner that will provide a high investment return with a high level of security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds FISCAL IMPACT:
This item is informational. Investing the City cash will generate continual interest earnings on the investment portfolio.
ATTACHMENTS:
1. Quarterly Investment Detail Report 06.30.23
2. Quarterly Transactions Report 04.01.23-06.30.23
3. Quarterly Treasurer's Report 06.30.23
Description CUSIP/Ticker Security Sector Settlement Date YTM @ Cost Face Amount/Shares Cost Value Market Value Maturity Date Days To Mat urity % of Portfolio Nebraska State Bank NE 1 9/29/2023 63970BAK5 Certificate Of Deposit 3/30/2020 1.000 250,000.00 250,000.00 247,365.00 9/29/2023 91 0.21 Citbank National SD 3.55 11/24/2023 17312QW47 Certificate Of Deposit 11/23/2018 3.550 250,000.00 250,000.00 248,245.00 11/24/2023 147 0.2 1 Live Oak Bank 0.5 12/11/2023 538036TF1 Certificate Of Deposit 12/10/2021 0.500 250,000.00 250,000.00 244,707.50 12/11/2023 164 0.21 Greenstate Credit Union 0.5 7/30/2024 39573LBQ0 Certificate Of Deposit 7/30/2021 0.500 250,000.00 250,000.00 236,940.00 7/30/2024 396 0.2 1 Texas Exchange Bank TX 0.5 7/30/2024 88241TLS7 Certificate Of Deposit 7/30/2021 0.500 249,000.00 249,000.00 235,982.28 7/30/2024 396 0.21 Pentagon Federal Credit Union 0.55 9/30/2024 70962LAR3 Certificate Of Deposit 9/29/2021 0.550 250,000.00 250,000.00 235,180.00 9/30/202 4 458 0.21 Sallie Mae Bank UT 1.9 10/30/2024 7954504Z5 Certificate Of Deposit 10/30/2019 1.900 100,000.00 100,000.00 95,421.00 10/30/2024 488 0.09 Capital Bank 4.65 11/8/2024 139805AX3 Certificate Of D eposit 11/9/2022 4.650 250,000.00 250,000.00 247,352.50 11/8/2024 497 0.21 Horizon Bk 4.75 11/8/2024 44042WCG0 Certificate Of Deposit 11/8/2022 4.750 250,000.00 250,000.00 247,685.00 11/8/2024 497 0.21 Synchrony Bank 0.9 12/10/2024 87165HK41 Certificate Of Deposit 12/10/2021 0.900 250,000.00 250,000.00 234,297.50 12/10/2024 529 0.21 First National Bank TX 1.8 12/30/2024 32112UDJ7 Certificate Of Deposit 12/30/2019 1.800 250,000.00 250,000.00 236,880.00 12/30/2024 549 0 .21 Merrick Bank UT 1.85 12/31/2024 59013KEP7 Certificate Of Deposit 12/31/2019 1.850 250,000.00 250,000.00 237,037.50 12/31/2024 550 0.21 Citadel Federal PA 1.65 2/27/2025 17286TAG0 Certificate Of Deposit 2/27/2020 1.650 250,000.00 250,000.00 235,002.50 2/27/2025 608 0.21 BMO Harris Bank IL 0.5 3/28/2025-21 05600XAY6 Certificate Of Deposit 9/28/2020 0.500 249,000.00 249,000.00 228,614.37 3/28/2025 637 0.21 Insight4.6 5/2/2025 45791JAA4 Certificate Of Deposit 11/2/2022 4.600 250,000.00 250,000.00 246,375.00 5/2/2025 672 0.21 Jonesboro State Bank LA 0.8 5/29/2025-20 48040PGX7 Certifica te Of Deposit 5/29/2020 0.800 249,000.00 249,000.00 228,103.92 5/29/2025 699 0.21 Barclays Bank 5 6/6/2025 06740KRQ2 Certificate Of Deposit 6/7/2023 5.000 250,000.00 250,000.00 248,055.00 6/6/2025 707 0.21 First Technology Federal 5.1 6/16/2025 33715LFK1 Certificate Of Deposit 6/16/2023 5.100 250,000.00 250,000.00 248,502.50 6/16/2025 717 0. 21 Continental Bank UT 0.55 6/26/2025 211163KK5 Certificate Of Deposit 6/26/2020 0.550 175,000.00 175,000.00 159,068.00 6/26/2025 727 0.15 State Bank of India GA 0.95 6/26/2025 856283N69 Certificate Of Deposit 6/26/2020 0.950 250,000.00 250,000.00 227,962.50 6/26/2025 727 0.2 1 Partners Bank AK 0.6 6/30/2025 70212VAB4 Certificate Of Deposit 6/30/2020 0.600 250,000.00 250,000.00 227,210.00 6/30/2025 731 0.21 Bank Baroda NY 0.65 7/22/2025 06063HMT7 Certificate Of Deposit 7/22/2020 0.650 198,000.00 198,000.00 179,817.66 7/22/2025 753 0.17 Luana Savings Bank IA 0.45 7/29/2025 549104RJ8 Certificate Of Deposit 7/29/2020 0.450 250,000.00 250,000.00 225,867.50 7/29/2025 760 0.21 Medallion Bank UT 0.55 7/30/2025 58404DHQ7 Certificate Of Deposit 7/30/2020 0.550 250,000.00 250,000.00 226,075.00 7/30/2025 761 0.21 Enerbank UT 0.5 8/29/2025 29278TRA0 Certificate Of Deposit 8/31/2020 0.500 245,000.00 245,000.00 220,426.50 8/29/2025 791 0.21 First Choice Bank CA 0.4 9/30/2025-21 319461DB2 Certificate Of Deposit 9/30/2020 0.400 249,000.00 249,000.00 222,601.02 9/30/2025 823 0.2 1 Capital One 4.8 11/3/2025 14042RVH1 Certificate Of D eposit 11/2/2022 4.800 250,000.00 250,000.00 246,640.00 11/3/2025 857 0.21 Direct Federal CDT Union 4.7 11/3/2025 25460FDU7 Certificate Of Deposit 11/3/2022 4.700 250,000.00 250,000.00 246,087.50 11/3/2025 857 0. 21 United Heritage 4.75 11/4/2025 91334AAE3 Certificate Of D eposit 11/4/2022 4.750 250,000.00 250,000.00 246,355.00 11/4/2025 858 0.21 Caterpillar Financial 3.75 12/24/2023 14912L5X5 Corporate 11/23/2020 0.466 1,000,000.00 1,100,500.00 993,070.00 12/24/2023 177 0.86 Toyota Motor Credit 0.45 1/11/2024 89236THU2 Corporate 9/20/2021 0.450 1,000,000.00 1,000,000.00 973,600.00 1/11/2024 195 0.86 Citibank NA 3.65 1/23/2024-23 17325FAS7 Corporate 5/22/2020 1.183 1,000,000.00 1,088,310.00 988,460.00 1/23/2024 207 0.86 John Deer Capital 2.6 3/7/2024 24422EUX5 Corporate 5 /15/2020 1.160 700,000.00 737,464.00 686,063.00 3/7/2024 251 0.60 Bank of New York Mellon 1.6 4/24/2025-25 06406RAN7 Corpor ate 5/13/2020 1.216 1,000,000.00 1,018,368.00 936,990.00 4/24/2025 664 0.86 FHLB 0.5 9/24/2024-21 3130ALKN3 US Agency 3/24/2021 0.500 2,000,000.00 2,000,000.00 1,881,680.00 9/24/2024 452 1.72 FHLB 0.5 10/4/2024-22 3130AP4G7 US Agency 10/4/2021 0.500 1,000,000.00 1,000,000.00 939,530.00 10/4/2024 462 0.86 FHLB 0.57 10/15/2024-22 3130ALWW0 US Agency 4/15/2021 0.570 1,000,000.00 1,000,000.00 939,220.00 10/15/2024 473 0.86 FHLB Step 1/27/2025-22 3130AQML4 US Agency 1/27/2022 1.370 325,000.00 325,000.00 307,567.00 1/27/2025 577 0.28 FHLMC 5.32 6/6/2025-24 3134GYTM4 US Agency 6/6/2023 5.320 1,000,000.00 1,000,000.00 995,530.00 6/6/2025 707 0.86 FHLB 5.5 11/24/2025-23 3130AWBD1 US Agency 6/1/2023 5.500 2,000,000.00 2,000,000.00 1,997,980.00 11/24/2025 878 1.72 FHLB 5.125 5/28/2026-24 3130AWAA8 US Agency 5/30/2023 5.125 1,000,000.00 1,000,000.00 993,750.00 5/28/2026 1,063 0.86 Sub Total / Average Brokerage | Higgins Capital 2.125 19,989,000.00 20,233,642.00 19,243,297.25 558 17.17 Sunset Science Park FCU 5 12/14/2023 86777TAA4 Certificate Of Deposit 12/14/2022 5.000 250,000.00 250,000.00 249,662.50 12/14/2023 167 0. 21 Trustone Financial CU 5 12/14/2023 89841MAM9 Certificate Of Deposit 12/14/2022 5.000 250,000.00 250,000.00 249,662.50 12/14/2023 167 0.21 General Electric Credit Union 5 1/30/2024 369674CG9 Certific ate Of Deposit 1/30/2023 5.000 250,000.00 250,000.00 249,542.50 1/30/2024 21 40 . 2 1 Valley Strong 4.9 1/31/2024 920133AM7 Certificate Of D eposit 1/31/2023 4.900 250,000.00 250,000.00 249,395.00 1/31/2024 215 0.21 WESTERN ALLIANCE BK PHOENIX 5.25 5/24/2024 95763PMY4 Certifica te Of Deposit 5/26/2023 5.250 250,000.00 250,000.00 249,545.00 5/24/2024 3 29 0.21 IC Federal Credit Union 5 6/10/2024 44931EAD3 Certificate Of Deposit 12/9/2022 5.000 240,000.00 240,000.00 238,996.80 6/10/2024 346 0.21 First Carolina Bank 5.25 7/15/2024 31944MCU7 Certificate Of Deposit 6/14/2023 5.250 250,000.00 250,000.00 249,417.50 7/15/2024 381 0.21 Austin Telco FCU 4.95 7/26/2024 052392CL9 Certificate Of Deposit 1/27/2023 4.950 250,000.00 250,000.00 248,627.50 7/26/2024 392 0.21 Zions Bank Corp 5.2 12/6/2024 98970LFU2 Certificate Of Deposit 6/7/2023 5.200 250,000.00 250,000.00 249,107.50 12/6/2024 525 0.21 Ally Bank5.15 12/9/2024 02007GN90 Certificate Of Deposit 6/8/2023 5.150 250,000.00 250,000.00 248,940.00 12/9/2024 528 0.21 Bank Hapoalim BM NY 5.2 12/9/2024 06251A5Q9 Certificate Of Deposit 6/9/2023 5.200 250,000.00 250,000.00 249,112.50 12/9/2024 528 0.21 Liberty Fed Credit Union 4.9 12/9/2024 53052LAE9 Certificate Of Deposit 12/9/2022 4.900 250,000.00 250,000.00 248,080.00 12/9/2024 528 0. 21 FHLB 5 12/12/2024 3130ATXG7 US Agency 12/12/2022 5.000 1,000,000.00 1,000,000.00 990,170.00 12/12/2024 531 0.86 FHLMC 5.3 5/15/2025-23 3134GYRH7 US Agency 5/26/2023 5.300 1,000,000.00 1,000,000.00 992,190.00 5/15/2025 685 0.86 FHLB 5.5 11/24/2025-23 3130AW5T3 US Agency 6/1/2023 5.500 1,000,000.00 1,000,000.00 994,010.00 11/24/2025 878 0.86 FFCB 4.92 1/12/2026 3133ENR77 US Agency 12/7/2022 4. 920 1,000,000.00 1,000,000.00 986,810.00 1/12/2026 927 0.86 FHLMC 5.3 2/27/2026-23 3134GYJB9 US Agency 5/26/2023 5.300 2,000,000.00 2,000,000.00 1,980,940.00 2/27/2026 973 1.72 As of 6/30/2023
Brokerage | Higgins Capital
Brokerage | Multi-Bank Securities
City of Hanford
Quarterly Investment Detail Report
Description CUSIP/Ticker Security Sector Settlement Date YTM @ Cost Face Amount/Shares Cost Value Market Value Maturity Date Days To Mat urity % of Portfolio Sub Total / Average Brokerage | Multi-Bank Securities 5.169 8,990,000.00 8,990,000.00 8,924,209.30 672 7.72 State Bank of India 0.55 11/29/2023 856285YX3 Certificate Of Deposit 11/29/2021 0.550 250,000.00 250,000.00 245,093.18 11/29/2023 152 0.2 1 Goldman Sachs 0.6 12/15/2023 38149MQ22 Certificate Of Deposit 12/15/2021 0.600 224,000.00 224,000.00 219,204.16 12/15/2023 168 0.19 IADB 0.25 11/15/2023 4581X0DP0 Corporate 11/24/ 2021 0.586 500,000.00 496,710.00 490,662.42 11/15/2023 138 0.43 IFC 0.61 11/24/2023 45950VQS8 Corporate 11/24/2021 0.570 1,000,000.00 1,000,790.00 980,382.96 11/24/2023 147 0.86 Wells Fargo Securities MM WFMM5968 Money Market 11/3/2021 4.950 512,138.79 512,138.79 512,138.79 N/A 1 0.44 FHLB 2.3 3/28/2025-22 3130AREM9 US Agency 3/28/2022 2.300 250,000.00 250,000.00 238,068.90 3/28/2025 637 0.21 Sub Total / Average Brokerage | Wells Fargo Securities 1.551 2,736,138.79 2,733,638.79 2,685,550.41 165 2.35 Local Agency Investment Fund LGIP LAIF6352 Local Government Investment Pool 2/28/2009 3.167 31,008,974.38 31,008,974.38 31,008,974.38 N /A 1 26.64 Sub Total / Average LGIP | LAIF 3.167 31,008,974.38 31,008,974.38 31,008,974.38 1 26.64 Tulare County Pool LGIP TULARE860 Local Government Inve stment Pool 5/5/2017 2.727 46,729,474.30 46,729,474.30 46,729,474.30 N/A 1 40.15 Sub Total / Average LGIP | Tulare County 2.727 46,729,474.30 46,729,474.30 46,729,474.30 1 40.15 Umpqua MM MM7248 Money Market 8/19/2022 0.010 4,000,336.35 4,000,336.35 4,000,336.35 N/A 1 3.44 Sub Total / Average Umpqua Bank 0.010 4,000,336.35 4,000,336.35 4,000,336.35 1 3.44 US Bank Cash USBANK Cash 10/31/2022 0.000 7,137.78 7,137.78 7,137.78 N/A 1 0.01 Sub Total / Average US Bank Custodian | Fixed Assets 0.000 7,137.78 7,137.78 7,137.78 1 0.01 Wells Fargo | General Account Cash WFGENERAL5186 Cash 10/31/2007 0.000 115,857.00 115,857.00 115,857.00 N/A 1 0.10 Wells Fargo | Self Insurance Cash WFSELFINS1892 Cash 6/30/2020 0.000 180,418.19 180,418.19 180,418.19 N/A 1 0.16 Wells Fargo | Sweep Cash WFSWEEP5186 Cash 6/30/ 2020 0.000 2,628,448.75 2,628,448.75 2,628,448.75 N/A 1 2.26 Sub Total / Average Wells Fargo | Operating Accounts 0.000 2,924,723.94 2,924,723.94 2,924,723.94 1 2.51 Total / Average 2.740 116,385,785.54 116,627,927.54 115,523,703.71 152 100 LGIP | Tulare County
Umpqua Bank
US Bank Custodian | Fixed Assets
Wells Fargo | Operating Accounts
Brokerage | Wells Fargo Securities
LGIP | LAIF
Description CUSIP/Ticker Settlement Date Face Amount/Shares Principal Interest/Dividends Total Portfolio Name Ally Bank5.15 12/9/2024 02007GN90 6/8/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Multi-Bank Securities Bank Hapoalim BM NY 5.2 12/9/2024 06251A5Q9 6/9/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Multi-Bank Securities Barclays Bank 5 6/6/2025 06740KRQ2 6/7/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital FHLB 5.125 5/28/2026-24 3130AWAA8 5/30/2023 1,000,000.00 1,000,000.00 0.00 1,000,000.00 Brokerage | Higgins Capital FHLB 5.5 11/24/2025-23 3130AW5T3 6/1/2023 1,000,000.00 1,000,000.00 0.00 1,000,000.00 Brokerage | Multi-Bank Securities FHLB 5.5 11/24/2025-23 3130AWBD1 6/1/2023 2,000,000.00 2,000,000.00 0.00 2,000,000.00 Brokerage | Higgins Capital FHLMC 5.3 2/27/2026-23 3134GYJB9 5/26/2023 2,000,000.00 2,000,000.00 0.00 2,000,000.00 Brokerage | Multi-Bank Securities FHLMC 5.3 5/15/2025-23 3134GYRH7 5/26/2023 1,000,000.00 1,000,000.00 0.00 1,000,000.00 Brokerage | Multi-Bank Securities FHLMC 5.32 6/6/2025-24 3134GYTM4 6/6/2023 1,000,000.00 1,000,000.00 0.00 1,000,000.00 Brokerage | Higgins Capital First Carolina Bank 5.25 7/15/2024 31944MCU7 6/14/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Multi-Bank Securities First Technology Federal 5.1 6/16/2025 33715LFK1 6/16/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital WESTERN ALLIANCE BK PHOENIX 5.25 5/24/2024 95763PMY4 5/26/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Multi-Bank Securities Zions Bank Corp 5.2 12/6/2024 98970LFU2 6/7/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Multi-Bank Securities Local Agency Investment Fund LGIP LAIF6352 6/30/2023 2,000,000.00 2,000,000.00 0.00 2,000,000.00 LGIP | LAIF Local Agency Investment Fund LGIP LAIF6352 5/31/2023 3,000,000.00 3,000,000.00 0.00 3,000,000.00 LGIP | LAIF Local Agency Investment Fund LGIP LAIF6352 4/30/2023 3,500,000.00 3,500,000.00 0.00 3,641,785.88 LGIP | LAIF BMW Bank UT 3 4/20/2023 05580AMJ0 4/20/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Centerstate Bank FL 1.2 4/17/2023 15201QDC8 4/17/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Flagstar Bank MI 1.15 4/17/2023 33847E2Z9 4/17/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Israel Discount Bank 0.45 6/12/2023 465076SW8 6/12/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Wells Fargo Securities Morgan Stanley UT 3 4/19/2023 61747MV32 4/19/2023 186,000.00 186,000.00 0.00 186,000.00 Brokerage | Higgins Capital Morthwest Bank ID 1 4/28/2023 66736ABS7 4/28/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Nicolet National Bank WI 1.2 4/17/2023 654062KJ6 4/17/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Pacific Western Bank CA 1.2 4/17/2023 69506YRJ0 4/17/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Pinnacle Bank TN 0.7 5/8/2023 72345SKU4 5/8/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Sterling Bank MO 1.05 4/27/2023 85916VDR3 4/27/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital UBS Bank UT 3.15 5/30/2023 90348JCR9 5/30/2023 249,000.00 249,000.00 0.00 249,000.00 Brokerage | Higgins Capital West Michigan Bank MI 1 4/24/2023 954444BW4 4/24/2023 250,000.00 250,000.00 0.00 250,000.00 Brokerage | Higgins Capital Local Agency Investment Fund LGIP LAIF6352 4/30/2023 500,000.00 500,000.00 0.00 500,000.00 LGIP | LAIF Tulare County Pool LGIP TULARE860 5/19/2023 7,000,000.00 7,000,000.00 0.00 7,000,000.00 LGIP | Tulare County City of Hanford
Quarterly Transactions Report
Buy
Deposit
Matured
Withdraw
04/01/23-06/30/23
CITY OF HANFORD, CALIFORNIA
Treasurer's Report
June 30, 2023
Performance
Weighted Average Yield 2.751%
Diversification | Security Sector % of Portfolio YTM @Cost Days to Maturity
Face Amount /
Shares Cost Value Market Value
Cash 2.54% 0.00% 1 2,931,862 2,931,862 2,931,862
Money Market 3.91% 0.57% 1 4,512,475 4,512,475 4,512,475 Local Government Investment Pool 67.29% 2.90% 1 77,738,449 77,738,449 77,738,449 Certificate of Deposit | Negotiable 8.70% 2.92% 507 10,428,000 10,428,000 10,054,244 Corporate Bonds 5.24% 0.80% 261 6,200,000 6,442,142 6,049,228 US Agency Bonds 12.32% 3.89% 737 14,575,000 14,575,000 14,237,446 100.00% 2.751% 149 116,385,786 116,627,928 115,523,704
2.54% 3.91%
67.29%
8.70%
5.24% 12.32% 06/30/2023
Cash
Money Market
Local Government Investment Pool
Certificate of Deposit | Negotiable
Corporate Bonds
US Agency Bonds
14.A.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Public Hearing to Adopt Resolution 23-28-R, approving the collection of Landscape Assessment District assessments as outlined, pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, and approving the assessment increases as proposed.
Recommendation: Adopt Resolution 23-28-R, approving the collection of Landscape Assessment District assessments as outlined, pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, and approve the assessment increases as proposed.
Background:
In accordance with Chapter 3 of the Landscaping and Lighting Act of 1972 (“Act”), an Annual Engineer’s Report addressing adjustments based on a review of the costs of maintenance of public improvements must be prepared and submitted to the City Council for action. The Streets and Highway Code, as referenced in the Act, requires holding a public hearing for Landscape Districts identified in the Annual Engineer’s Report as showing an increase, decrease, or no change in the annual assessment amount.
A public hearing will be held at the regular City Council meeting on August 1, 2023. The City Council shall consider all public input before taking final action on confirming and levying the assessments proposed in the Annual Engineer’s Report. Regarding the Districts identified in the Annual Engineer’s Report as showing an increase in the annual assessment amount, the City Council must consider all protests against the proposed increase in the assessment amount and tabulate any protests delivered to the City before the close of the public hearing. Per Article XXX D, Section 4 of the California Constitution, if the ballots submitted in opposition to the increased assessment exceed the ballots submitted in favor of the increased assessment, the assessment amount shall not be increased. If the increase in the assessment to maintain the current level of service for the existing landscape area is voted down, the current level of service may be reduced. In tabulating the protests, the protests shall be weighed according to the proportional financial obligation of each affected parcel of real property.
The Annual Engineer’s Report identifies an increase in the annual assessment from the previous year and the reasons for the increase, including the imposition of a 4.6% Standard Annual CPI Increase (December 2022) in accordance with California Government Code section 53739(b)(1) for the following Districts:
93-02 Walnut Forest, No. 1, 2 and 3
01-02 Cambridge Homes (Tract 770), No. 1, 2 and 3 01-04 Silver Oaks, No. 1, 2, 3, 4 and 5 02-01 Ashton Park, No. 1, 2, 3 and 4
04-02 Cambridge Homes (Tract 799)/Majesty II (Tract 830) 04-03 Cambridge Homes (T 795/826)/Vineyards (T 825) 06-01 Quail Park Subdivision (Tract 794), No. 1 and 2 14-01 Independence (Tract 843), Unit No. 3 15-02 The Greens II (Tract 823)
16-01 Woodside Homes
19-01 Pacific Grove Addition II (Tract 916) 20-01 Enclave (Track 915)
The annual assessment amounts for each affected parcel identify a decrease or no change in the annual assessments from the previous fiscal year for the following Districts:
13. 90-01 Pinecastle Addition, Units 1, 2, 3 and 4
14. 90-02 Park Monterey, Unit No. 1 and 2
15. 90-03 Mansionette Estates, No. 7 and 8
16. 90-04 Hyde Park
17. 91-01 Sierra Vista
18. 92-01 Portofino Estates
19. 92-02 Cielo En Tierra, No. 1, 2, 3, 4 and 5
20. 93-01 Vintage Estates
21. 94-01 Gateway Estates
22. 94-02 Stonecrest, No. 1, 2, 3, 4, 5, 6, 7, 8 and 9
23. 94-03 Quail Run
24. 97-01 Rosewood Estates
25. 97-02 Summer Field
26. 97-03 Country Crossing, No. 1, 2, 3, 4 and 5
27. 98-01 Crystal Springs
28. 98-02 Mountain View Estates, No. 1, 2, 3, 4, 5 and 6
29. 01-01 Pacific Grove/N. Pointe, No 1, 2, 3, 4
30. 01-03 Poppy Hills No. 1 and 2
31. 03-01 Le Parc, No. 1, 2 and 3
32. 04-01 Sidonia Estates, (Tract 810), No. 1 and 2/ (Tract 814)
33. 04-04 Sierra Heights, No. 1 and 2
34. 05-01 Mission Park
35. 05-02 Copper Valley
36. 07-02 South Gate Addition (Tract 811), Greenbrier Gardens
37. 09-01 Victory Estates
38. 09-02 Independence (Tract 843), No. 1 and 2
39. 15-01 Silver Oaks Addition III (Tract 887/922)
40. 16-02 Mynderup, No. 1 and 2 (Tract 914)
41. 18-01 Bella Vista, No. 1, 2 and 3 (Tract 918/919)
42. 19-02 Pacific Grove Addition II (Tract 916)
43. 20-02 Woodside Homes (Track 928)
The Annual Engineer’s Report also provides the following information as required by Article XIII D, Section 4 of the California Constitution:
1. Identifies all real property parcels with a special benefit conferred upon them and upon which the assessment will be imposed.
2. Determines the appropriate special benefit derived by each parcel of the real property in
relation to the entirety of the maintenance cost of public improvements.
3. Identifies the special benefit conferred on each parcel of real property.
4. Establishes that the assessment imposed on each parcel of real property does not exceed the reasonable cost of the proportionate special benefit conferred on that parcel of real property.
Fiscal Impact:
The total balance of levies across all landscape assessment districts is $944,323. The summary of the assessments is included in the Engineer's Report.
In accordance with Proposition 218 and over the entire general benefit, the City's general benefit contribution is $29,869. Unlike the enhanced aesthetic services funded through the District assessments, this baseline service would benefit the general public and the properties within and outside the specific Districts. The cost of providing this baseline service and a five percent (5%) cost factor for City overhead and administration is treated as the cost of general benefit from landscape maintenance services.
ATTACHMENTS:
1. RESOLUTION 23-28-R Intent to Levy
2. Hanford FY23-24 LLMD Consolidated ER (Signed Ver 07.05.23)
- 1 -
RESOLUTION NO. 23 - 2 8 - R
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD APPROVING THE COLLECTION OF ASSESMENTS AS OUTLINED, PURSUANT TO SECTION 3 OF THE LANDSCAPE AND LIGHTING ACT OF 1972, AND APPROVE THE ASSESSMENT INCRASES AS PROPOSED.
At a r e g u l a r meeting of the City Council of the City of Hanford duly called a Public Hearing held on August 1, 2023, at 7 :00 p.m., it was moved by Council Member , seconded by Council Member, , and duly carried that the following resolution be adopted: WHEREAS, pursuant to the California Landscaping & Lighting Act of 1972 (″Act″), the City of Hanford has established the following landscape and lighting assessment districts within the City limits of the City of Hanford.
A SSESSMENT DISTRICTS
90-01 Pinecastle Addition, Unit No. 1, 2, 3 and 4 – (Located East of 10th Avenue and North of Fargo Avenue)
90-02 Park Monterey, Unit No. 1 and 2 – (Located West of Douty Street and North of Sherwood Drive)
90-03 Mansionette Estates, No. 7 and 8 – (Located West of Douty Street and North Encore Drive)
90-04 Hyde Park – (Located East of 12th Avenue and North of Hanford-Armona Road) 91-01 Sierra Vista (Tract 641)/New Dimensions (Tract 703/713), No. 1, 2, 3, 4, 5 and 6 – (Located West of 11th Avenue and South of Hanford-Armona Road)
92-01 Portofino, No. 1, 2, 3 and 4 – (Located East of Neill Way and South of Fargo Avenue) 92-02 Cielo En Tierra, No. 1, 2, 3, 4 and 5 – (Located West of 11th Avenue and South of Fargo Avenue)
93-01 Vintage Estates – (Located West of 12th Avenue and North of Grangeville Boulevard) 93-02 Walnut Forest, No. 1, 2 and 3 – (Located West of 11th Avenue and North of Hume Avenue) 94-01 Gateway Estates – (Located West of 10th Avenue and North of Encore Drive) 94-02 Stonecrest, No. 1, 2, 3, 4, 5, 6, 7, 8 and 9 – (Located West of 11th Avenue and North of Fargo Avenue)
94-03 Quail Run Estates, No. 1, 2, 3, 4 and 5 – (Located East of 11th Avenue and North of Pepper Drive)
97-01 Rosewood Estates, No. 1 and 2 – (Located East of 12th Avenue and South of Grangeville Boulevard)
97-02 Summer Field Addition, No. 2 – (Located West 91/4 Avenue and South of Florinda Street) 97-03 Country Crossing, No. 1, 2, 3, 4 and 5 – (Located West of Centennial Drive and North of Lacey Boulevard)
98-01 Crystal Springs, No. 1, 2 and 3 – (Located West of 91/4 Avenue and North of Grangeville Boulevard)
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98-02 Mountain View Estates, No. 1, 2, 3, 4, 5 and 6 – (Located West of 11th Avenue and North of Houston Avenue)
01-01 Pacific Grove (Tract 680/777)/N. Pointe (Tract 778), No. 1, 2, 3 and 4 – (Located East of 12th Avenue and North of Grangeville Boulevard)
01-02 Cambridge Homes (Tract 770), No. 1, 2 and 3 – (Located West of 11th Avenue and North of Pepper Drive)
01-03 Poppy Hills, No. 1 and 2 – (Located West of 11th Avenue and North of Pepper Drive) 01-04 Silver Oaks, No. 1, 2, 3, 4 and 5 – (Located West of 12th Avenue and North of Grangeville Boulevard)
02-01 Ashton Park, No. 1, 2, 3 and 4 – (Located West of 12th Avenue and North of Lacey Boulevard)
03-01 La Parc, No. 1, 2 and 3 – (Located West of 11th Avenue and South of Fargo Avenue) 04-01 Sidonia Estates, No. 1 and 2 (Tract 810)/Sidonia Estates II (Tract 814) – (Located East of 12th Avenue and North of Hume Avenue)
04-02 Cambridge Homes (Tract 799)/Majesty II (Tract 830) – (Located East of 11th Avenue and South of Flint Avenue)
04-03 Cambridge Homes (Tract 795/826)/Vineyards (Tract 825), No. 1, 2, 3, 4, 5 and 6 – (Located East of 12th Avenue and South of Fargo Avenue)
04-04 Sierra Heights (Tract 802/803), No. 1 and 2 – (Located West of 9th Avenue and North of Fargo Avenue)
05-01 Mission Park – (Located West of Highway 43 and South of Flint Avenue) 05-02 Copper Valley – (Located West of 12th Avenue and South of Fargo Avenue) 06-01 Quail Park Subdivision – (Tract 794), No. 1 and 2, Located West of 11th Avenue and South of Flint Avenue)
07-02 South Gate Addition – (Tract 811)/Greenbrier Gardens (876)/ Live Oak North (902) - (Located West of 12th Avenue and South of Hanford-Armona Road)
09-01 Victory Estates – (Located West of University Avenue and North of Grangeville Boulevard) 09-02 Independence (Tract 843), No. 1 and 2 - (Located West of 12th Avenue and North of Greenfield Avenue)
14-01 Independence (Tract 843), No. 3 and 4 - (Located West of 12th Avenue and North of Merritt Street)
15-01 Silver Oaks Addition III (Tract 887/922), No. 1, 2, and 3 - (Located West of Centennial Drive and North of West Berkshire Lane)
15-02 The Greens II (Tract 823) - (Located West of 9 ¼ Avenue and North of Grangeville Boulevard)
16-01 Woodside Homes (Tract 917) – (Located West of Centennial Drive and South of Grangeville Blvd)
16-02 Myderup (Tract 914), No. 1 and 2 – (Located East of 12th Avenue and North of Hume Avenue)
18-01 Bella Vista (Tract 918/919), No. 1, 2, and 3 – (Located West of Centennial Drive and South of Fargo Avenue)
19-01 Pacific Grove Addition No. 2 (Tract 916) – (Located East of 12th Avenue and North of Bristol Lane)
19-02 Enclave (Track 915) – (Located South of Lacey Blvd. and West Centennial Ave.) 20-01 Woodside Homes (Track 928) – (Located North of Centennial Ave and South of 12th Ave.) 21-01 San Joaquin Valley Homes (Track 929) – (Located North of 13th Ave and West of Devon St.)
(collectively ″Districts″).
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WHEREAS, pursuant to the Act, it is necessary that the City Council review an annual report (″Engineer’s Report″), which sets forth a full and detailed description of the improvements and boundaries of each District and any zones therein and the proposed annual assessments to be levied upon assessable lots and parcels of land within each District;
WHEREAS, Willdan Financial Services, the appointed Assessment Engineer for the City of Hanford has prepared and filed with the City Clerk, an Engineer’s Report for fiscal year 2023/2024 pursuant to Chapter 3 of the Act , which includes: (1) a full and detailed description of the improvements and boundaries of each District and any zones therein; (2) identifies the proposed annual assessments upon assessable lots and parcels of land within each District; (3) identifies all parcels of real property which will have a special benefit conferred upon them and upon which the assessment will be i mposed; (4) determines the proportionate special benefit derived by each parcel of real property in relationship to the entirety of the cost of maintenance of the public improvements; (5) identifies the special benefit conferred on parcels of real property; and (6) establishes that the assessment imposed on each parcel of real property does not exceed the reasonable cost of the proportionate special benefit conferred on that parcel of real property.
WHEREAS, the Engineer’s Report identifies an increase in the annual assessment from the previous year and the reasons for the increase, including the imposition of 4.6% Annual CPI Increase (December 2022) in accordance with California Government Code section 53739(b)(1) for the following Districts:
1. 93-02 Walnut Forest, No. 1, 2 and 3
2. 01-02 Cambridge Homes (Tract 770), No. 1, 2 and 3
3. 01-04 Silver Oaks, No. 1, 2, 3, 4 and 5
4. 02-01 Ashton Park, No. 1, 2, 3 and 4
5. 04-02 Cambridge Homes (Tract 799)/Majesty II (Tract 830)
6. 04-03 Cambridge Homes (T 795/826)/Vineyards (T 825)
7. 06-01 Quail Park Subdivision (Tract 794), No. 1 and 2
8. 14-01 Independence (Tract 843), Unit No. 3
9. 15-02 The Greens II (Tract 823)
10. 16-01 Woodside Homes
11. 19-01 Pacific Grove Addition II (Tract 916)
12. 20-01 Enclave (Track 915)
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WHEREAS, the Report identifies a decrease or no change in the annual assessments from the previous fiscal year for the following Districts:
13. 90-01 Pinecastle Addition, Unit 1, 2, 3 and 4
14. 90-02 Park Monterey, Unit No. 1 and 2
15. 90-03 Mansionette Estates, No. 7 and 8
16. 90-04 Hyde Park
17. 91-01 Sierra Vista
18. 92-01 Portofino Estates
19. 92-02 Cielo En Tierra, No. 1, 2, 3, 4 and 5
20. 93-01 Vintage Estates
21. 94-01 Gateway Estates
22. 94-02 Stonecrest, No. 1, 2, 3, 4, 5, 6, 7, 8 and 9
23. 94-03 Quail Run
24. 97-01 Rosewood Estates
25. 97-02 Summer Field
26. 97-03 Country Crossing, No. 1, 2, 3, 4 and 5
27. 98-01 Crystal Springs
28. 98-02 Mountain View Estates, No. 1, 2, 3, 4, 5 and 6
29. 01-01 Pacific Grove/N. Pointe, No 1, 2, 3, 4
30. 01-03 Poppy Hills No. 1, and 2
31. 03-01 Le Parc, No. 1, 2 and 3
32. 04-01 Sidonia Estates, (Tract 810), No. 1 and 2/ (Tract 814)
33. 04-04 Sierra Heights, No. 1 and 2
34. 05-01 Mission Park
35. 05-02 Copper Valley
36. 07-02 South Gate Addition (Tract 811), Greenbrier Gardens
37. 09-01 Victory Estates
38. 09-02 Independence (Tract 843), No. 1 and 2
39. 15-01 Silver Oaks Addition III (Tract 887/922)
40. 16-02 Mynderup, No. 1 and 2 (Tract 914)
41. 18-01 Bella Vista, No. 1, 2 and 3 (Tract 918/919)
42. 19-02 Pacific Grove Addition II (Tract 916)
43. 20-02 Woodside Homes (Track 928)
WHEREAS, the existing improvements within each District include decorative block fencing, landscaping and irrigation systems;
WHEREAS, interested parties should refer to the Engineer’s Report, a copy of which is on file with the City Clerk for the City of Hanford, for a full and detailed description of the improvements, the boundaries of the assessment districts and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the districts;
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WHEREAS, there are no substantial changes proposed to the existing improvements in any District;
and
WHEREAS, Streets and Highways Code Section 22624(e) requires the City Council of the City of Hanford to give notice of the time and place for hearing by the City’s legislative body on the levy of the proposed assessments.
NOW, THEREFORE, BE IT RESOLVED
That the City Council of the City of Hanford declares its intention to levy and collect assessments for fiscal year 2023/2024 within each respective District and each lot thereof, as set forth in the Engineer’s Report for fiscal year 2023/2024.
RESOLVED FURTHER, that the City Council of the City held a public hearing on the levying of the assessments set forth in the Engineer’s Report, which public hearing shall occur on August 1, 2023, at the hour of 7:00 p.m., in the City Council Chambers of the Civic Auditorium in Hanford, California. At such public hearing, affected property owners will be afforded an opportunity to give oral testimony and submit written comments regarding the proposed assessments.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Hanford at a meeting thereof held on August 1, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRAVIS PADEN
MAYOR of the City of Hanford
Attest:
NATALIE CORRAL
CITY CLERK
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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 _____day of ______, 20___.
Date: ____________________
_________________________________
City Clerk
City of Hanford
Fiscal Year 2023/2024
Consolidated Engineer’s Report
Landscaping and Lighting Assessment
Districts
Incorporating Forty-three District Numbers:
90-01, 90-02, 90-03, 90-04, 91-01, 92-01, 92-02, 93-01, 93-02, 94-01, 94-02, 94-03, 97-01, 97-02, 97-03, 98-01, 98-02, 01-01, 01-02, 01-03, 01-04, 02-01, 03-01, 04-01, 04-02, 04-03, 04-04, 05-01, 05-02, 06-01, 07-02, 09-01, 09-02, 14-01, 15-01, 15-02, 16-01, 16-02, 18-01, 19-01, 19-02, 20-01, and 21-01
Intent Meeting: July 18, 2023
Public Hearing: August 1, 2023
CITY OF HANFORD
400 N. DOUTY ST.
HANFORD, CA 93230
JUNE 2023
PREPARED BY
WILLDAN FINANCIAL SERVICES
27368 Via Industria
Suite 200
Temecula, CA 92590
T. 951.587.3500|800.755.6864
F. 951.587.3510|888.326.6864
Property Tax Information Line
T.866.807.6864
www.willdan.com
Table of Contents
Introduction ............................................................................................... 1 Report Content and Annual Proceedings ................................................................ 2 Part I - Plans and Specifications .............................................................. 5 Description of Improvements ................................................................................... 5 Specific District Improvements and Services ......................................................... 6 Part II - Method of Apportionment ......................................................... 15 Legislative Requirements for Assessments ......................................................... 15 Benefit Analysis ....................................................................................................... 16 Assessment Methodology ...................................................................................... 18 Part III - Estimate of Costs...................................................................... 20 Annual Inflationary Adjustment (Assessment Range Formula) .......................... 20 Annual District Budgets .......................................................................................... 21 Part IV - District Diagrams ...................................................................... 24 Part V - Assessment Rolls ...................................................................... 69
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Introduction
The City of Hanford (“City”), under the provisions of the Landscap ing and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and in compliance with the substantive and procedural requirements of the California State Constitution, Article XIII D (“California Constitution”) annually levies and collects special assessments for the City’s Landscaping and Lighting Assessment Districts designated and referred to as:
(hereafter referred to collectively as “LLMD” and individually as “Districts”) that fund, in whole or in part, the maintenance and operation of local landscaping or landscaping and lighting improvements that provide special benefits to properties within those individual Districts.
District No. Subdivision Name District No. Subdivision Name 90-01 Pinecastle Addition Units 1 - 4 90-02 Park Monterey Units 1 & 2 90-03 Mansionette Units 7 & 8 90-04 Hyde Park
91-01 Sierra Vista & New Dimensions Units 1 - 5 92-01 Portofino Unit Units 1 - 4 92-02 Cielo En Tierra Units 1 - 5 93-01 Vintage Estates 93-02 Walnut Forest Units 1 - 3 94-01 Gateway Estates
94-02 Stonecrest Units 1 - 9 94-03 Quail Run Estates Units 1 - 5 97-01 Rosewood Estates Units 1 & 2 97-02 Summer Field Addition #2 97-03 Country Crossing Units 1 - 5 98-01 Crystal Springs Units 1 - 3 98-02 Mountain View Estates Units 1 - 6 01-01 Pacific Grove Units 1 - 3 and N. Pointe Units 1 - 4
01-02 Cambridge Homes Units 1 - 3 01-03 Poppy Hills Units 1 & 2 01-04 Silver Oaks Units 1 - 5 02-01 Ashton Park Units 1 - 4 03-01 Le Parc Units 1 - 3 04-01 Sidonia Units 1 & 2 and Sidonia Estates II 04-02 Cambridge Homes/Majesty II, #2 04-03
Cambridge Homes -Majesty II - #2,
Cambridge Homes Units 1 - 6,
Cambridge Homes- Vineyards Units 1 - 4
04-04 Sierra Heights Units 1 & 2 05-01 Mission Park
05-02 Copper Valley 06-01 Quail Park Subdivision
07-02 South Gate Addition, Greenbrier Gardens, &
Live Oak North 09-01 Victory Estates
09-02 Independence Units 1 & 2 14-01 Independence Units 3 & 4 15-01 Silver Oaks Addition III Units 1 and 2, Lennar
Homes Units 1 and 2, and Lennar Homes 15-02 The Greens II 16-01 Woodside Homes 16-02 Mynderup Units 1 & 2
18-01 Bella Vista Units 1 - 4 19-01 Pacific Grove Addition II 19-02 The Enclave 20-01 Woodside Homes
21-01 San Joaquin Valley Homes
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Report Content and Annual Proceedings
This Consolidated Engineer’s Report (the “ Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the Districts and the levy and collection of annual assessments related thereto for fiscal year 2023/2024. This Report generally describes the improvements, and proposed assessments to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements within each of the designated Districts for fiscal year 2023/2024. The annual assessments to be levied on properties within these Districts provide a source of funding to fund in whole or in part, the continued operation and maintenance of the landscaping improvements or landscaping and lighting improvements and services to be provided by the City through the Districts that provide special benefits to the properties within each of those Districts and respective developments.
Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources . The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include, but are not limited to the est imated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years (fund balance); revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each District are allocated to the benefiting properties within each District respectively based on an established method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel within those Districts. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel receives special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Kings County Assessor’s Office. The Kings County Auditor/Controller uses APNs and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.
At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District s and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submi tted. Following final approval of the Report and confirmation of the assessments, the City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for fiscal year 2023/2024 pursuant to the 1972 Act. The assessment for each parcel as approved will be placed on the fiscal year 2023/2024 property tax roll by the Kings County Auditor/Controller and collected together and in the same manner as other property taxes for such parcels.
As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained, and serviced by the District s, an estimated budget for the improvements for each District, and the proposed assessments to be levied upon each assessable lot or parcel within those Districts for fiscal year 2023/2024.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
This Report consists of five (5) parts:
Part I
Plans and Specifications: This section contains a general description of the District s, and the improvements and services that provide special benefits to the parcels within those Districts. The improvements and appurtenant facilities that provide special benefits to the properties within the Districts and for which parcels are assessed may include, but not limited to local landscaping, neighborhood parks, basins, street lights, and related amenities as well as associated incidental expenses (City Administration expenses and County Fees), and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements . More detailed information regarding the specific plans and specifications associated with the improvements in each District may be on file in the Public Works Department and by reference are made part of this Report.
Part II
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the improvements to be provided within the District s (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements are apportioned to each parcel of land within the Districts in proportion to the special benefits to be received. (the method of calculating each property’s proportional special benefit assessment ). This method of apportionment is consistent with the previously approved and adopted method of apportionment for each District.
Part III
Estimate of Costs : Identifies the estimated annual funding costs ( budgets) required for the maintenance and operation of the improvements in each of the Districts, including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to support the improvements, even though not all costs identified in these budgets are necessarily supported fully by the current assessment revenues. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit. Ultimately, City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that has been previously approved and adopted for specified Districts (most but not all Districts), which provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part IV
District/ Diagrams: This section of the Report contains a diagram showing the general location and boundaries of the Districts for fiscal year 2023/2024 which incorporate the parcels determined to receive special benefits from the improvements in each District. The lines and dimensions of each lot, parcel, and subdivision of land contained in the diagram for each District is inclusive of the parcels listed in “Part V - Assessment Roll” of this Report and the corresponding County Assessor’s parcel maps for said parcels as they existed at the time this Report was prepared and shall incorporate all subsequent subdivisions, lot -line adjustments, or parcel changes therein.
Reference is hereby made to the Kings County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Districts.
Part V
Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2023/2024 for each parcel is provided in the Assessment Roll , and these assessments are based on the parcel’s calculated proportional special benefit as outlined in Part II - Method of Apportionment and the annual assessment rates established by the estimated budgets (refer to Part III Estimate of Costs).
If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the f act that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part I - Plans and Specifications
The purpose of th e Districts (collectively the LLMD) is to provide in part through annual assessments, funding for the ongoing installation, maintenance, operation, and servicing of local landscaping, neighborhood parks, and related appurtenant facilities and services in s pecified areas of the City as well as local street lighting within some Districts. The territory within each District consists of all lots or parcels of land that receive special benefits from the installation, maintenance, operation and servicing of the local public improvements and related amenities associated with the developments and Tracts within each of those Districts.
Description of Improvements
As authorized by the 1972 Act, the improvements provided by the Districts and associated with each development incorporate various local improvements and/or street lighting and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those developments. Improvements provided within the Districts may include but are not limited to:
➢ Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective District. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems including but not limited to pipes, fixtures, controllers, and water and electrical meters;
• specified amenities such as monuments, ornamental lighting, block walls, retaining walls, or other fencing;
• hardscape surfaces and area s including decomposed granite, mulch, asphalt, stamped concrete, pavers, and other trail and/or path surfaces; and • recreational amenities within the parks, parks/basins, trails, or greenbelts that may include benches, play structures, picnic or other recr eational facilities, signage, and related appurtenances.
The maintenance of these improvements may include, but is not limited to the scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement, and rehabilitation of the landscaping ; repair or replacement of irrigation or drainage systems; and repair or replacement of hardscape improvements and recreational amenities.
➢ Street lighting improvements located in the public right of ways within and on the perimeter of the developments associated with specific Districts and the parcels and developments therein.
Street lighting improvements include energy costs and maintenance of the lighting facilities including, but not limited to the removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures, and related equipment and materials.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
The work to be perf ormed within each respective District may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements, and incidental expenses. The City Public Wor ks Department shall authorize and schedule such maintenance and servicing as needed and based on available funding.
Specific District Improvements and Services
As previously noted, there are forty -three (43) designated Districts within the City for which assessments are proposed to be levied and collected to maintain, operate and service the proposed improvements for fiscal year 2023/2024. The boundaries of each District are established on the basis of the location, extent and types of improvements being maintained and the proximity and direct benefit those specific improvement provide to the immediately surrounding developments, planned developments, and parcels, as well as th e nexus and observation that the developments and/or planned development of the properties within the each District clearly required or otherwise facilitated the installation of the improvements to be maintained and that such improvements (both landscaping and lighting) would otherwise not be necessary if not for the development of those properties. Therefore, the benefit s to the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective District are clearly particular and distinct (special benefits).
Landscape Service Levels
As part of the ongoing maintenance and servicing of the landscape improvements associated with each District, the City has established various maintenance frequency referred to as S ervice Levels. These Service Levels provide general guidelines for how often the landscape improvement areas are serviced based on over all maintenance needs and/or available assessment funding. For most Districts, the various landscape improvements or improvement areas within a District are maintained at the same level of service, but in some Districts two or more Service Levels may be applicable based on the nature and/or location of the improvements.
At present, the City has established five Service Levels summarized as follows:
➢ Service Level A – Landscape improvements are serviced every week; ➢ Service Level B – Landscape improvements are serviced e very week (March through October) and every two weeks (November through February); ➢ Service Level C – Landscape improvements are serviced every two weeks; ➢ Service Level D – Landscape improvements are serviced every two weeks (March through October) and every four weeks (November through February); and ➢ Service Level E – Landscape improvements are serviced once every month.
Currently all improvements in the District are maintained at Service Levels A, B, C or D.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District Improvements
The following is a brief summary and description of the improvements to be maintained within each District for fiscal year 2023/2024.
District 90-01: Pinecastle Addition Units 1 through 4
The parcels assessed in this District (totaling 352 lots) include, but are not limited to Tracts 606, 606-2, 606-3, and 606 -4. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 67,750 square feet of designated landscape improvement area. These improvements are maintained at Service Level A, including the 11,532 square feet associated with the park/basin area.
District 90-02: Park Monterey Units 1 and 2
The parcels assessed in this District (totaling 53 lots) include but are not limited to Tracts 610 and 657. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 8,625 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 90-03: Mansionette Units 7 and 8
The parcels assessed in this District (totaling 84 lots) include but are not limited to Tracts 596 and 596-2. The properties within this Distric t proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 16,425 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 90-04: Hyde Park
The parcels assessed in this District (totaling 14 lots) include but are not limited to Tract 619. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 1,425 square feet of designated landscape improvement area. These improvements are maintained at Service Level B.
District 91-01: Sierra Vista and New Dimensions Units 1 through 5 The parcels assessed in this District (totaling 285 lots) include, but are not limit ed to Tracts 641, 703, 703-2, 713-3, 713-4, and 713-5. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 12,974 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 92-01: Portofino Unit Units 1 through 4
The parcels assessed in this District (totaling 78 lots) include, but are not limited to Tracts 607, 607-2, 607-3, and 607 -4. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 19,167 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 92-02: Cielo En Tierra Units 1 through 5
The parcels assessed in this District (totaling 98 lots) include, but are not limited to Tracts 652, 652-2, 652 -3, 652 -4, and 652 -5. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 11,735 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 93-01: Vintage Estates
The parcels assessed in this District (totaling 29 lots) include but are not limited to Tract 634. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 10,346 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the six (6) street lights identified within the District boundaries.
District 93-02: Walnut Forest Units 1 through 3
The parcels assessed in this District (totaling 169 lots) include, but are not limited to Tracts 673, 673-2, and 673 -3. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and ope ration of an estimated 15,637 square feet of designated landscape improvement area. These improvements are maintained at Service Level A, including the 3,537 square feet associated with slough frontage.
District 94-01: Gateway Estates
The parcels assessed in this District (totaling 114 lots) include but are not limited to Tract 712.
The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 8,185 square feet of designated landscape improvement area. These improvements are maintained at Service Level D, including the 5,460 square feet associated with the basin area.
District 94-02: Stonecrest Units 1 through 9
The parcels assessed in this District (totaling 654 lots) include, but are not limited to Tracts 708, 708-2, 727-3, 727-4, 727-5, 727-6, 727-7, 727-8, and 727 -9. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 173,90 3 square feet of designated landscape improvement area. These improvements are maintained at Service Level D for the 51,578 square feet of railroad frontage, Service Level B for the 14,765 square feet of the landscape area, and Service Level A for the remaining 122,325 square feet of landscaping including the 54,450 square feet of basin area.
District 94-03: Quail Run Estates Units 1 through 5
The parcels assessed in this District (totaling 272 lots) include, but are not limited to Tracts 696, 696-2, 696 -3, 696 -4, and 696 -5. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 111,188 square feet of designated landscape improvement area. These improvements are maintained at Service Level B.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 97-01: Rosewood Estates Units 1 and 2
The parcels assessed in this District (totaling 44 lots) include but are not limited to Tracts 711 and 711-2. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 6,300 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 97-02: Summer Field Addition #2
The parcels assessed in this District (totaling 30 lots) include but are not limited to Tract 742. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 4,650 square feet of designated landscape improvement area. These improvements are maintained at Service Level D.
District 97-03: Country Crossing Units 1 through 5
The parcels assessed in this District (totaling 251 lots) include, but are not limited to Tracts 743, 743-2, 743-3, 772 -4, and 772 -5. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 46,415 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 98-01: Crystal Springs Units 1 through 3
The parcels assessed in this District (totaling 126 lots) include, but are not limited to Tracts 747, 747-2, and 747 -3. The properties within this District pr oportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 14,435 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 98-02: Mountain View Estates Units 1 through 6 The parcels assessed in this District (totaling 162 lots) include, but are not limited to Tracts 759, 759-2, 759-3, 759-4, 759-5, and 759-6. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 30,991 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 01-01: Pacific Grove Units 1 through 3 and N. Pointe Units 1 through 4 The parcels assessed in this District (totaling 148 lots) include, but are not limited to Tracts 680, 777-2, 778-3, and 778 -4. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operati on of an estimated 12,152 square feet of designated landscape improvement area. These improvements are maintained at Service Level A including the 3,530 square feet associated with the basin area.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 01-02: Cambridge Homes Units 1 through 3
The parcels assessed in this District (totaling 198 lots) include, but are not limited to Tracts 770, 770-2, and 770 -3. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estima ted 35,222 square feet of designated landscape improvement area. These improvements are maintained at Service Level D for the 22,790 square feet of railroad frontage and Service Level A for the remaining 12,432 square feet of landscaping.
District 01-03: Poppy Hills Units 1 and 2
The parcels assessed in this District (totaling 86 lots) include but are not limited to Tracts 771 and 796-2. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, an d operation of an estimated 11,782 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 01-04: Silver Oaks Units 1 through 5
The parcels assessed in this District (totaling 489 lots) include, but are not limited to Tracts 769, 769-2, 769 -3, 769 -4, and 769 -5. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 95,556 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 02-01: Ashton Park Units 1 through 4
The parcels assessed in this District (totaling 182 lots) include, but are not limited to Tracts 776, 776-2, 776-3, and 776 -4. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 63,922 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 03-01: Le Parc Units 1 through 3
The parcels assessed in this District (totaling 128 lots) include, but are not limited to Tracts 788, 788-2, and 788 -3. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 30,628 square feet of designated landscape improvement area. These improvements are maintained at Service Level A including the 21,858 square feet associated with the railroad frontage.
District 04-01: Sidonia Units 1 and 2 and Sidonia Estates II The parcels assessed in this District (totaling 233 lots) include but are not limited to Tracts 810 and 810-2. The properties within this District proportionately share and receive special benefi t from the maintenance, servicing, and operation of an estimated 21,533 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 04-02: Cambridge Homes and Cambridge Homes/Majesty II, #2 The parcels assessed in this District (totaling 75 lots) include but are not limited to Tracts 799 and 830. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 63,824 s quare feet of designated landscape improvement area. These improvements are maintained at Service Level A including the 8,440 square feet associated with the basin area. The assessments for this District also fund in whole or in part, the eleven (11) street lights identified within the District boundaries.
District 04-03: Cambridge Homes, Cambridge Homes - Majesty II - #2, Cambridge Homes Units 1 through 6, Cambridge Homes - Vineyards Units 1 through 4 The parcels assessed in this District (totaling 424 lots) include, but are not limited to Tracts 795, 795-2, 799, 825-3, 826-4, 826-5, and 830. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 167,767 square feet of designated landscape improvement area. These improvements are maintained at Service Level A including the 19,929 square feet associated with the railroad frontage and the 77,548 square feet associated with the park area. The assessments for this District also fund in whole or in part, the sixty-three (63) street lights identified within the District boundaries.
District 04-04: Sierra Heights Units 1 & 2
The parcels assessed in this District (totaling 16 lots) include but are not limited to Tracts 802 and 803. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 15,237 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 05-01: Mission Park
The parcels assessed in this District (totaling 40 lots) include but are not limited to Tract 812. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 4,930 square feet of designated landscape improvement area. These improvements are maintained at Service Level A includ ing the 2,537 square feet associated with the basin area.
District 05-02: Copper Valley
The parcels assessed in this District (totaling 150 lots) include but are not limited to Tract 835.
The properties within this District proportionately share and receiv e special benefit from the maintenance, servicing, and operation of an estimated 44,126 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
District 06-01: Quail Park Subdivision #2
The parcels assessed in this District (totaling 144 lots) include but are not limited to Tract 794.
The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 148,501 square feet of de signated landscape improvement area. These improvements are maintained at Service Level B for the park area (95,551 square feet) and Service Level D for the 52,950 square feet of railroad frontage.
The assessments for this District also fund , in whole or in part, the twenty-four (24 )street lights identified within the District boundaries.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 07-02: South Gate Addition, Greenbrier Gardens, and Live Oak North The parcels assessed in this District (totaling 129 lots) include, but are not limited to Tracts 811, 876, and 902. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 29,440 square feet of designated landscape improvement area. These improvements a re maintained at Service Level A. The assessments for this District also fund in whole or in part, the thirteen (13) street lights identified within the District boundaries.
District 09-01: Victory Estates
The parcels assessed in this District (totaling 14 lots) include but are not limited to Tract 877. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 7,077 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or i n part, the two (2) street lights identified within the District boundaries.
District 09-02: Independence Units 1 and 2
The parcels assessed in this District (totaling 121 lots) include but are not limited to Tract 843.
The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 56,252 square feet of designated landscape improvement area. These improvements are maintained at Service Level B including the 20,558 square feet of park area. The assessments for this District also fund, in whole or in part, the eighteen (18) street lights identified within the District boundaries.
District 14-01: Independence Units 3 and 4
The parcels assessed in this District (totaling 175 lots) include but are not limited to Tract 843.
The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 76,555 square feet of designated landscape improvement area. These improveme nts are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the twenty-nine ( 29) street lights identified within the District boundaries.
District 15-01: Silver Oaks Addition III Units 1 and 2, Lennar Homes Units 1 and 2, and Lennar Homes
The parcels assessed in this District (totaling 468 lots) include, but are not limited to Tracts 887, 887-2, 922, and 927. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 412,396 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund in whole or in part, the ninety-four (94) street lights identified within the District boundaries.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 15-02: The Greens II
The parcels assessed in this District (totaling 34 lots) include but are not limited to Tract 823. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 16,416 square feet of designated landscape improvement area. These improvements are maintained at Service Level B. The assessments for this District also fund, in whole or in part, the eight (8) street lights identified within the District boundaries.
District 16-01: Woodside Homes
The parcels assessed in this District (totaling 60 lots) include but are not limited to Tract 917. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 25,206 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the nineteen (19) street lights identified within the District boundaries.
District 16-02: Mynderup Units 1 and 2
The parcels assessed in this District (totaling 113 lots) include but are not limited to Tracts 914 and 914-2. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 31,363 square feet of designated landscape improvement area. These improvements are maintained at Serv ice Level C. The assessments for this District also fund in whole or in part, the sixteen (16) street lights identified within the District boundaries.
District 18-01: Bella Vista Units 1 through 4
The parcels assessed in this District (totaling 267 lots) include but are not limited to Tracts 918 and 919. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 185,001 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund in whole or in part, the fifty-four (54) street lights identified within the District boundaries.
District 19-01: Pacific Grove Addition II
The parcels assessed in this District (totaling 22 lots) include but are not limited to Tract 916. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 13,128 s quare feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the eight (8) street lights identified within the District boundaries.
District 19-02: The Enclave
The parcels assessed in this District (totaling 26 lots) include but are not limited to Tract 915. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operat ion of an estimated 16,466 square feet of designated landscape improvement area. These improvements are maintained at Service Level A.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 20-01: Woodside Homes
The parcels assessed in this District (totaling 81 lots) include but are not limited to Tract 928. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 143,413 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the twenty-four ( 24) street lights identified within the District boundaries.
District 21-01: San Joaquin Valley Homes
The parcels assessed in this District (totaling 52 lots) include but are not limited to Tract 929. The properties within this District proportionately share and receive special benefit from the maintenance, servicing, and operation of an estimated 134,540 square feet of designated landscape improvement area. These improvements are maintained at Service Level A. The assessments for this District also fund, in whole or in part, the twenty-three ( 23) street lights identified within the District boundaries.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part II - Method of Apportionment
Legislative Requirements for Assessments
The estimated costs to provide the proposed improvements for fiscal year 2023/2024 have been identified and allocated to properties within the Districts based on special benefit, consistent with the requirements of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution ). The improvements provided by th ese Districts and for which properties are assessed include local parks, basins, landscaping, and lighting improvements, as well as related amenities . The formula s used for calculating assessments within the designated Districts herein reflect the composition of parcel s and the improvements and services to be provided and fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.
Provisions of the 1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Provisions of the California Constitution
In addition to the provisions of the 1972 Act, the Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
Article XIII D Section 2d defines District as follows:
“District means an area determined by an agen cy to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Benefit Analysis
Special Benefits
Landscaping Special Benefit
The ongoing maintenance of landscaped areas within the various Districts addressed in this Report, provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live , and/or work. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements wer e constructed and installed and/or were facilitated by the development or potential development of properties within each respective District. These landscape improvements are an integral part of the physical environment associated with the parcels in each District and while some of the improvements may in part be visible to properties outside the District, collectively if the District improvements are not properly maintained, it is the parcels within the District that would be aesthetically burdened. Additionally, the many of the landscaped areas being maintained in these Districts serve as both a physical buffer as well as a sound reduction buffer between the roadways and/or railroad and the properties within the District and also serve as a pleasant aesth etic amenity that enhances the approach to the parcels. In some Districts, the landscaped areas may include green space areas (neighborhood parks, park/basins, greenbelts, open space and/or trails) that may provide a physical buffer between properties, ove rall open space within a development, and/or recreational areas that serve as an extension of the physical attributes of the parcels being assessed. Thus, the maintenance of these landscape improvements and the related amenities provide particular and dis tinct benefit s to the properties and developments associated with those improvements within each District.
Street Lighting Special Benefit
The street lighting (localized street lighting) is primarily useful for illuminating the sidewalks and parking lanes on the streets used specifically to access the properties and/or is adjacent to those properties that comprise each particular District. This lighting is distinct from lights that may be installed that serve in large part to enhance traffic safety, such as traffic signals and intersection safety lights or the more sporadic lighting found on major thoroughfares outside the more concentrated development areas. These localized street lights tend to be more closely spaced and of a lower intensity than street lights installed primarily for traffic safety. These low -level, lower-intensity street lights within a designated District provide three main special benefits: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway egress benefit.
Because traffic to and from these parcels is largely limited to the residents and residents’ guests, it is reasonable to assume that essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the properties in th at District and that the vehicular traffic on those streets is primarily for accessing the properties within that area. Therefore, street lighting on such streets is entirely a special benefit to those properties.
In addition, the street lights for which properties within the District s may be assessed, are consistent with the City’s typical intensity and spacing standards for areas zoned for residential development and ea ch parcel to be assessed is served directly by the system of street lights providing appropriate lighting within these respective development areas. Furthermore, the cost of maintaining and operating each light is substantially the same, regardless of its location within the District. Consequently, we conclude that each parcel to be assessed for street lighting receives substantially similar benefit from the street light improvements and the only notable distinctions in proportional special benefit to each parcel is related to the specific quantity of lights associated with each District.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
General Benefit
Landscaping General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by each District’s assessments and the proximity and relationship to properties to be assessed in each District, it is evident these improvements were primarily installed in connection with the development of properties therein or are improvements that would otherwise be shared by and required for development of properties in each respective District. It is also ev ident that the maintenance of these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only on those properties in proximity to those improvements .
Furthermore, such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no quantifiable benefit to the public at large or properties outside each respective District.
In the absence of a special funding District, the City would typicall y provide only limited (as needed) tree management, weed abatement, rodent control, and erosion control services for the landscape areas currently maintained within each District. This baseline level of service would typically provide for periodic servicin g of the improvement areas on an as -needed basis, but typically not more than twice annually. This baseline level of service provides for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from erosion or fire hazards but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance provided in the various Districts. For most agencies, the cost to provide this baseline level of service for mostly flat or moderately- sloped street landscaped areas (landscaping within the street right-of way) is less than $560 per acre (approximately $0.01285 per square foot) including medians, parkway and streetscape side panels; less than $448 per acre (approximately $0.01028 per square foot) for non -street public areas such as parks, park/basins, greenbelts, and trail areas; and less than $224 per acre (approximately $0.00514 per square foot) for natural open space areas or other limited access areas such as enclosed basin areas . This baseline servicing, unlike the enhanced aesthetic services funded through the District assessments, would provide benefits to the general public and to the properties both within and outside of the specific Districts. The cost of providing this baseline service along with a five percent (5%) cost factor for City overhead and administration is treated as the cost of general benefit from landscape maintenance services. Therefore, for mostly flat or moderately-sloped street landscaped areas a rate of $0.01349 per square foot ($0.01285 +5%) is applied to calculate the general benefit costs for t he assessed improvements; for non - street public areas a rate of $0.01079 per square foot ($0.01028 +5%) is applied to calculate the general benefit costs for the assessed improvements; and for non -street public areas a rate of $0.00540 per square foot ($0.00514 +5%) is applied to calculate the general benefit costs for the assessed improvements. Collectively these baseline general benefit costs are funded by the City and excluded from the potential assessment funding and are shown in the District budgets (Part III of this Report) as “General Benefit.”
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Street Lighting General Benefit
For fiscal year 2023/2024, not all Districts are assessed for street light improvements. While potentially, some street lights associated with a given District, may be located at the entryway or on the perimeter of the development(s) within the District and may arguably provide some illumination that extends beyond the boundaries of the developments and parcels being assessed, and may indirectly enhance the safety of members of the public unassociated with the assessed parcel s (illuminating traffic lanes and/or parking on those perimeter streets), such benefits are considered an indirect consequence of the special benefits to properties within the Districts. Furthermore, if the properties within the Districts were not developed , any street lights that may be located at the entryways or on the perimeter of the developments would not have been installed. Clearly these street lights exist solely because of the development of assessed parcels, and the primary purpose of these lights is to provide illumination to access the assessed parcels, Therefore we conclude that the cost of providing the street lights within the existing Districts are entirely a special benefit to the properties being assessed in each District and there is no quantifiable general benefit to properties outside the Districts or the public at large.
Assessment Methodology
To assess benefits equitably it is necessa ry to calculate each property’s proportionate special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is commonly utilized for assessment districts formed under the 1972 Act, as the benefit to each parcel from the improvements may be apportioned as a function of comparable property characteristics which utilizes a basic unit (base value) of benefit and then calculates the benefit derived by each asses sed parcel either at that base unit or as a multiple (or a fraction) of that basic unit. In accordance with the provisions of the California Constitution and the 1972 Act, the proportionate special benefit derived by each identified parcel within the vario us Districts shall be determined in relationship to the entirety of the cost to maintain, operate and service the improvements within each District. Consistent with the method of apportionment established at the formation of each District, it has been dete rmined that the developments and/or planned development of the properties within each District required or facilitated the installation of the improvements to be funded in whole or in part by the District assessments and that such improvements (both landsc aping and lighting) would otherwise not be necessary and those improvements benefit each lot/parcel equally. Therefore, collectively the particular and distinct benefits to each lot/parcel within each respective District are equally shared and one hundred percent (100%) of the fiscal year 2023/2024 special benefit expenses is proportionately and equally allocated and shared by each development lot and each of these parcels/lots are assigned one (1.0) EBU, excluding parcels or lots that may be part of the improvement areas being maintained.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Calculation of Assessments
An assessment amount per Lot or Equivalent Benefit Unit (EBU) in each District is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “General Benefit” (Expenses Funded by the City), to establish the “Special Benefit Expenses”; Total Annual Expenses - General Benefit = Special Benefit Expenses To the resulting “Special Benefit Expenses”, various “Funding Adjustments” may be applied that may include, but are not limited to:
➢ “Reserve Fund Collection or (Transfer)”, represents an amount being collected and added to the Reserve Fund or available existing Reserve Funds being applied (“Transferred”) to pay a portion of the Special Benefit Expenses for the fiscal year. ➢ “City Loan and/or Service Reductions”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benef it Expenses ”); and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two. If the City provides an additional City Contribution to support the operation and maintenance for a given fiscal year, that contribution is carried forward as a deficit applied to the Beginning Fund Balance in the next fiscal year.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”;
Special Benefit Expenses +/- Funding Adjustments = Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of Lots or EBUs for the parcels that receive special benefit to establish the “Assessment Rate” for the fiscal year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.
Balance to Levy / Total Lots/EBUs = Assessment Rate (for the fiscal year) Assessment Rate x Parcel’s EBU = Parcel Assessment Amount
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part III - Estimate of Costs
Annual Inflationary Adjustment (Assessment Range Formula) Pursuant to Article XIII D of the California Constitution (Proposition 218), any “new or increased assessments” require certain noticing and balloting requirements. However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “ an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of a new or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.
Currently, the maximum assessment rates identified in this Report for Districts 90 -01, 90 -02, 90-03, 90-04, 91-01, 92-01, 92-02, 93-01, 94-01, 94-02, 94-03, 97-01, 97-02, 97-03, 98-01, and 98-02 are fixed maximum assessment rates that do not include any inflationary adjustment.
However, either at the time of formation or in a subsequent proceeding the maximum assessments for Districts 93-02, 01-01, 01-02, 01-03, 01-04, 02-01, 03-01, 04-01, 04-02, 04-03, 04-04, 05 -01, 05 -02, 06 -01, 07-02, 09-01, 09 -02, 14 -01, 15 -01, 15 -02, 16 -01, 16 -02, 18-01, 19-01, 19-02, 20-01, and 21-01 were balloted for a new or increased assessment s that include an inflationary adjustment (assessment range formula).
As previously adopted and approved by the City Council for the Districts with an inflationary adjustment, each fiscal year the maximum assessment rate established for the improvements in the previous fiscal year for each District may be adjusted by the percentage increase in the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for Urban Wage Earners and Clerical Workers, San Francisco -Oakland-San Jose Area, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.
January 1, of each calendar year (“Adjustment Date”), the City shall identify the percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year as of the Adjustment Date (typically December to December). This percentage difference shall then establish the range of increase to the maximum assessment rates allowed.
If the percentage change in the CPI is negative, the m aximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Bureau of Labor Statistics will be the sole judge of the comparability of successive indexes, but if the Bureau of Labor Statistics fail to supply indexes it deems comparable or if no succeeding index is published, the City shall determine an appropriate published price index as approved by the City Council for dete rmining fluctuations in the cost of living.
The annual change in CPI from December 20 21 to December 202 2 as reported by the U.S.
Bureau of Labor Statistics was 4.6 percent. Therefore, the maximum assessment rates for fiscal year 2021/2023 will be increased by 4.6 percent for fiscal year 2023/2024 in those Districts with a previously approved inflationary adjustment including, Districts 93-02, 01-01, 01-02, 01-03, 01- 04, 02-01, 03-01, 04-01, 04-02, 04-03, 04-04, 05-01, 05-02, 06-01, 07-02, 09-01, 09-02, 14-01, 15-01,15-02,16-01,16-02, 18-01, 19-01, 19-02, 20-01, and 21-01.
This assessment range formula or inflationary adjustment provides for the District maximum assessment rate applicable for the prior fiscal year to be increased each subsequent fi scal year
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
which is consistent with the California Constitution and the above-referenced Government Code sections.
The adoption of the maximum assessment rates and the Assessment Range Formula does not mean that the annual assessments will necessarily incre ase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rate. Although the maximum assessment rate that may be levied shall be increased by this assessment range formula for each applicable District each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment rate is less than the adjusted maximum assessment rate, then the calculated assessment rate may be approved by the C ity Council for collection. If the calculated assessment rate (based on the proposed budget) is greater than the adjusted maximum assessment rate for that fiscal year, then the assessment would be considered an increased assessment and would require proper ty owner approval through a protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide funding from other sources to the City to reduce the Balance to Levy to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.
Annual District Budgets
The following budget pages outline the estimated costs to maintain and service the various landscaping and lighting improvements described in this Report for fiscal year 2023/2024.
The budgeted expenses outlined in the following pages for each District reflect the estimated annual expenses required to support and maintain the improvements to be provided for fiscal year 2023/2024. T he Total Annual Expenses , minus the general benefit expenses (expenses not assessed and identified as the City’s financial obligation to support the improvements) plus any Reserve Fund Collection result in the amount of funding the property owners should reasonably be assessed to fully fund their proportional special benefit from those improvements . Negative Funding Adjustments (Reserve Fund Transfers or City Loan and/or Service Reductions) represent additional funding that is required from either the existing Reserve Funds or from the City to fully support the improvement maintenance and services.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Budgets for Fund Numbers 0240 through 0261 (Districts 90-01 through 02-01)
Fund No. District
No.
Direct
Maintenance
Expenses
Incidental
Expenses
(Admin.)
Total Annual
Expenses
General
Benefit
Special
Benefit
Expenses
Reserve Fund
Collection or
(Transfer)
City Loan and/or
Service
Reductions
Balance to Levy EBUs
FY 2023/2024
Assessment
Rate
Maximum
Assessment
Rate
Beginning
Fund Balance
Fund Balance
Additions or
Deficits
Estimated
Ending Fund
Balance
0240 90-01 33,984$ 4,811$ 38,796$ (883)$ 37,913$ 11,191$ -$ 49,104$ 352 $139.50 $139.50 45,726$ 11,191$ 56,917$ 0241 90-02 2,819$ 594$ 3,412$ (116)$ 3,296$ 1,050$ -$ 4,346$ 53 $82.00 $82.00 3,825$ 1,050$ 4,875$ 0242 90-03 3,676$ 944$ 4,620$ (222)$ 4,398$ -$ (274)$ 4,124$ 84 $49.10 $49.10 (2,863)$ (274)$ (3,137)$ 0243 90-04 1,045$ 158$ 1,204$ (19)$ 1,184$ -$ (312)$ 872$ 14 $62.30 $62.30 (1,568)$ (312)$ (1,880)$ 0244 91-01 4,173$ 2,185$ 6,358$ (142)$ 6,216$ -$ (1,001)$ 5,215$ 285 $18.30 $18.30 (1,125)$ (1,001)$ (2,126)$ 0245 92-01 4,321$ 977$ 5,298$ (259)$ 5,039$ -$ (1,077)$ 3,962$ 78 $50.80 $50.80 (6,802)$ (1,077)$ (7,879)$ 0246 92-02 2,030$ 886$ 2,916$ (158)$ 2,758$ 55$ -$ 2,813$ 98 $28.70 $28.70 57$ 55$ 111$ 0247 93-01 3,309$ 490$ 3,799$ (140)$ 3,659$ 801$ -$ 4,460$ 29 $153.80 $153.80 4,353$ 801$ 5,154$ 0248 93-02 5,053$ 1,534$ 6,587$ (201)$ 6,386$ 1,574$ -$ 7,960$ 169 $47.10 $47.10 (5,617)$ 1,574$ (4,043)$ 0249 94-01 4,142$ 1,034$ 5,176$ (66)$ 5,110$ -$ (2,135)$ 2,975$ 114 $26.10 $26.10 (10,421)$ (2,135)$ (12,556)$ 0250 94-02 38,837$ 7,793$ 46,630$ (1,488)$ 45,142$ 843$ -$ 45,985$ 541 $85.00 $85.00 (8,728)$ 843$ (7,885)$ 0251 94-03 20,335$ 4,305$ 24,640$ (1,255)$ 23,385$ -$ (7,337)$ 16,048$ 272 $59.00 $59.00 (25,553)$ (7,337)$ (32,890)$ 0252 97-01 1,290$ 431$ 1,720$ (85)$ 1,635$ 622$ -$ 2,257$ 44 $51.30 $51.30 (1,152)$ 622$ (530)$ 0253 97-02 1,322$ 320$ 1,641$ (63)$ 1,579$ -$ (298)$ 1,281$ 30 $42.70 $42.70 (3,077)$ (298)$ (3,374)$ 0254 97-03 12,226$ 2,834$ 15,060$ (626)$ 14,434$ 1,241$ -$ 15,675$ 250 $62.70 $62.70 (10,650)$ 1,241$ (9,409)$ 0255 98-01 5,454$ 1,263$ 6,717$ (195)$ 6,523$ -$ (1,735)$ 4,788$ 126 $38.00 $38.00 (5,209)$ (1,735)$ (6,943)$ 0256 98-02 8,392$ 1,872$ 10,263$ (418)$ 9,845$ 4,573$ -$ 14,418$ 162 $89.00 $89.00 15,053$ 4,573$ 19,626$ 0257 01-01 4,221$ 1,311$ 5,532$ (135)$ 5,396$ (477)$ -$ 4,920$ 148 $33.24 $47.95 15,315$ (477)$ 14,839$ 0258 01-02 6,023$ 2,056$ 8,079$ (291)$ 7,789$ 1,656$ -$ 9,444$ 199 $47.46 $47.46 1,072$ 1,656$ 2,728$ 0259 01-03 3,237$ 868$ 4,105$ (159)$ 3,946$ (181)$ -$ 3,765$ 86 $43.78 $67.19 16,742$ (181)$ 16,561$ 0260 01-04 27,160$ 5,765$ 32,925$ (1,289)$ 31,636$ 5,000$ -$ 36,636$ 489 $74.92 $74.93 7,450$ 5,000$ 12,449$ 0261 02-01 16,753$ 2,874$ 19,627$ (862)$ 18,765$ 3,971$ -$ 22,735$ 182 $124.92 $124.92 2,285$ 3,971$ 6,255$
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Budgets for Fund Numbers 0262 through 0282 (Districts 03-01 through 21-01)
Fund No. District
No.
Direct
Maintenance
Expenses
Incidental
Expenses
(Admin.)
Total Annual
Expenses
General
Benefit
Special
Benefit
Expenses
Reserve Fund
Collection or
(Transfer)
City Loan and/or
Service
Reductions
Balance to Levy EBUs
FY 2023/2024
Assessment
Rate
Maximum
Assessment
Rate
Beginning
Fund Balance
Fund Balance
Additions or
Deficits
Estimated
Ending Fund
Balance
0262 03-01 7,301$ 1,601$ 8,902$ (236)$ 8,666$ (33)$ -$ 8,632$ 128 $67.44 $81.20 29,150$ (33)$ 29,117$ 0263 04-01 7,183$ 2,124$ 9,307$ (290)$ 9,017$ (792)$ -$ 8,225$ 233 $35.30 $46.33 49,788$ (792)$ 48,996$ 0264 04-02 17,980$ 2,255$ 20,235$ (793)$ 19,442$ 232$ -$ 19,674$ 75 $262.32 $262.33 33,873$ 232$ 34,105$ 0265 04-03 45,880$ 7,427$ 53,307$ (1,893)$ 51,414$ 15,291$ -$ 66,705$ 445 $149.90 $149.91 23,245$ 15,291$ 38,536$ 0266 04-04 7,149$ 686$ 7,835$ (206)$ 7,629$ (100)$ -$ 7,529$ 20 $376.44 $524.66 21,705$ (100)$ 21,605$ 0267 05-01 2,638$ 442$ 3,080$ (46)$ 3,034$ (144)$ -$ 2,890$ 39 $74.10 $139.46 13,268$ (144)$ 13,123$ 0268 05-02 10,708$ 2,098$ 12,805$ (595)$ 12,210$ 138$ -$ 12,348$ 150 $82.32 $118.67 25,535$ 138$ 25,673$ 0269 06-01 27,792$ 4,396$ 32,188$ (1,317)$ 30,871$ 679$ -$ 31,550$ 144 $219.10 $219.11 (5,469)$ 679$ (4,790)$ 0272 07-02 6,269$ 2,399$ 8,668$ (397)$ 8,271$ (840)$ -$ 7,431$ 265 $28.04 $149.91 84,183$ (840)$ 83,343$ 0270 09-01 2,089$ 290$ 2,379$ (95)$ 2,283$ (140)$ -$ 2,143$ 14 $153.10 $281.07 10,327$ (140)$ 10,187$ 0271 09-02 19,940$ 2,526$ 22,466$ (703)$ 21,762$ 3,527$ -$ 25,289$ 121 $209.00 $218.61 30,208$ 3,527$ 33,734$ 0273 14-01 30,510$ 3,661$ 34,171$ (1,033)$ 33,138$ 2,310$ -$ 35,448$ 175 $202.56 $257.50 54,150$ 2,310$ 56,460$ 0274 15-01 152,558$ 16,165$ 168,723$ (5,563)$ 163,160$ 32,627$ -$ 195,787$ 467 $419.24 $489.13 176,248$ 32,627$ 208,875$ 0275 15-02 9,283$ 891$ 10,174$ (221)$ 9,953$ (1,575)$ -$ 8,378$ 34 $246.42 $246.43 3,716$ (1,575)$ 2,142$ 0276 16-01 12,475$ 1,296$ 13,771$ (340)$ 13,431$ (1,347)$ (6)$ 12,079$ 54 $223.68 $223.69 1,347$ (1,353)$ (6)$ 0277 16-02 9,713$ 1,630$ 11,342$ (423)$ 10,919$ (1,131)$ -$ 9,788$ 113 $86.62 $168.79 29,176$ (1,131)$ 28,045$ 0278 18-01 72,920$ 7,825$ 80,745$ (2,496)$ 78,250$ 15,014$ -$ 93,264$ 267 $349.30 $518.00 147,790$ 15,014$ 162,804$ 0279 19-01 10,638$ 831$ 11,469$ (177)$ 11,291$ 936$ -$ 12,227$ 22 $555.78 $565.78 8,214$ 936$ 9,150$ 0280 19-02 7,396$ 595$ 7,991$ (222)$ 7,769$ 3,875$ -$ 11,644$ 26 $447.84 $468.45 1,895$ 3,875$ 5,770$ 0281 20-01 42,399$ 4,602$ 47,001$ (1,935)$ 45,066$ 8,462$ -$ 53,528$ 80 $669.10 $689.11 30,944$ 8,462$ 39,406$ 0282 21-01 47,574$ 4,563$ 52,137$ (1,815)$ 50,322$ 5,659$ -$ 55,981$ 56 $999.66 $1,100.72 58,798$ 5,659$ 64,457$
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part IV - District Diagrams
The following pages contain an Overview LLMD D iagram showing the general location of the Districts within the City of Hanford for fiscal year 2023/2024 described within this Report as well as individual District Diagrams for each of the individual Districts, which incorporates the parcels determined to receive special benefits from the various District improvements. All parcels that will receive a special benefit from the imp rovements provided within each District consist of all lots, parcels and subdivisions of land within the boundaries of those Districts as depicted by th ese diagrams and the lines and dimensions of those lots, parcels and subdivisions of land shall be those lines and dimensions shown on the current Kings County Assessor’s parcel maps and by reference the Kings County Assessor’s parcel maps are incorporated herein and made part of this Report. This diagram along with the Assessment Roll incorporated in this Report constitute the District Assessment Diagram for each District for fiscal year 2023/2024.
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Overview LLMD Diagram
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 90-01 Pinecastle Addition Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 90-02 Park Monterey Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 90-03 Mansionette Estates Units 7 & 8
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 90-04 Hyde Park
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 91-01 Sierra Vista & New Dimensions Units 1 through 5
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 92-01 Portofino Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 92-02 Cielo En Tierra Units 1 through 5
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 93-01 Vintage Estates
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 93-02 Walnut Forest Units 1 through 3
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 94-01 Gateway Estates
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 94-02 Stonecrest Units 1 through 9
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 94-03 Quail Run Estates Units 1 through 5
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 97-01 Rosewood Estates Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 97-02 Summer Field Addition #2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 97-03 Country Crossing Units 1 through 5
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 98-01 Crystal Springs Units 1 through 3
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 98-02 Mountain View Estates Units 1 through 6
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 01-01 Pacific Grove Units 1 through 3 and N. Pointe Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 01-02 Cambridge Homes Units 1 through 3
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 01-03 Poppy Hills Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 01-04 Silver Oaks Units 1 through 5
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 02-01 Ashton Park Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 03-01 Le Parc Units 1 through 3
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 04-01 Sidonia Units 1 & 2 and Sidonia Estates II
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 04-02 Cambridge Homes - Majesty Pinnacle & Majesty II
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 04-03 Cambridge Homes - Majesty II #2, Cambridge Homes Units 1 through 6, Vineyards Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 04-04 Sierra Heights Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 05-01 Mission Park
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 05-02 Copper Valley
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 06-01 Quail Park Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 07-02 South Gate Addition, Greenbrier Gardens, & Live Oak North
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 09-01 Victory Estates
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 09-02 Independence Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 14-01 Independence Units 3 & 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 15-01 Silver Oaks Addition III Units 1 through 3
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 15-02 The Greens II
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 16-01 Woodside Homes
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 16-02 Mynderup Units 1 & 2
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 18-01 Bella Vista Units 1 through 4
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 19-01 Pacific Grove Addition II
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 19-02 The Enclave
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 20-01 Woodside Homes
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
District 21-01 San Joaquin Valley Homes
Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2023/2024
Part V - Assessment Rolls
Due to the number of parcels in the Districts, the Assessment Roll for fiscal year 2023/2024 has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report.
The Assessment Roll identifie s the parcels within each District that are assessed for special benefits and their corresponding assessment amount for fiscal year 2023/2024. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are, b y reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels.
All assessments presented on the assessment roll are subject to change as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2023/2024.
The proposed Assessment Roll shall be available for public inspection in the City C lerk’s Office during normal office hours.
15.A.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Adoption of Resolution No. 23-32-R, authorizing the acceptance of a grant from California Highway Patrol in the amount of $63,033.28, Amendment to the Police Department operating budget to recognize the grant, Appropriation of the same amount in the General Fund for the Police Department, and Authorization for the Police Chief to execute the grant agreement.
Recommendation:
Recommendation:That the City Council approve the resolution accepting the California Highway Patrol (CHP) grant in the amount of $63,033.28, amend the budget to recognize the grant, appropriate this amount in the General Fund for the Police Department, and authorize the Police Chief to execute the grant agreement.
Recommended Motion: I move to approve the resolution accepting the California Highway Patrol (CHP) grant in the amount of $63,033.28, amend the budget to recognize the grant, appropriate this amount in the General Fund for the Police Department, and authorize the Police Chief to execute the grant agreement.
Background:
The Hanford Police Department sought a CHP DUI/DUID (Driving Under the Influence/Drugs) Enforcement grant.This was a highly competitive grant and the police department was notified last month that the grant was awarded to the Hanford Police Department. The award amount totals $63,033.28 to cover the overtime associated with twelve (12) DUI/DUID Saturations and six (6) DUI Checkpoints to be conducted over this fiscal year, and includes $25,000 toward the purchase of a message board. The message board will be able to be purchased within this allowed amount and will most likely include a programmable LED messaging sign, Flock Camera and a speed enforcement radar.
The grant offer required the agreement to be signed within 10 days. After contacting the grant officials, they recognized it was not possible for the Council to approve a resolution within 10 days.
Therefore, they instructed staff to sign the grant and then to get the council to adopt a resolution.
The Hanford Police Department has not conducted any events or purchased any items in connection with this grant and are under no obligation to do so should the Council not wish to accept these funds.
There are no matching funds associated with this grant, an appropriation for the amount of the grant will have to be made to expend the funds as the reimbursement will occur after the fact. There may be a minor expenditure that will have to occur in excess of the grant amount as the state wants the agencies to expend all of the funds and it is not possible to expend the exact amount. We will strive to get as close as possible to the actual grant amount and minimize the impact on the department's
operating budget. Any amount in excess can be absorbed within the existing police budget.
Fiscal Impact:
The fiscal impact will be a total of $63,033.28 of grant monies to the City. Staff is requesting a budget amendment to recognize the grant funds and an appropriation in the amount of $63,033.28 to the General Fund for the Police Department. The City will be reimbursed on a quarterly basis by the grant administrator.
ATTACHMENTS:
1. CHP GRANT RESOLUTION No. 23-32-R
2. FY23-24 CTFGP Grant Agreement - Hanford PD
RESOLUTION NO. 23-32-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD
AUTHORIZING THE ACCEPTANCE AND EXECUTIION OF A GRANT
AGREEMENT FROM THE CALIFORNIA HIGHWAY PATROL (CHP) FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT (DUI) ENFORCEMENT.
At a regular meeting of the City Council of the City of Hanford duly called and held on August 1, 2023, at 7:00 p.m., it was moved by Council Member , and seconded by Council Member_____________, and carried that the following resolutions be adopted:
WHEREAS, The California Highway Patrol (CHP) made available a grant opportunity for DUI/DUID enforcement; and,
WHEREAS, The City of Hanford was successful in being awarded $63,033.28 in grant funding; and,
WHEREAS, The grant will enable the Hanford Police Department to conduct DUI checkpoints and enforcement events; and,
WHEREAS, The grant will provide a message board specifically designed for DUI/DUID prevention; and
WHEREAS, The grant requires no matching funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the acceptance and execution of said grant agreement.
PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford held on August 1, 2023, by the following vote:
AYES: _______________________________________________________________ NOES:_______________________________________________________________ ABSENT:_____________________________________________________________ ABSTAIN:_____________________________________________________________ __________________________
Travis Paden
MAYOR of the City of Hanford
Attest:
__________________________________
NATALIE CORRAL
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the _____day of ______, 20___.
Date: ____________________
_________________________________
City Clerk
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
12953
_________ _______________________________________________________
1. GRANT TITLE
FY23/24 CTFGP Law Enforcement – Hanford Police Department
2. NAME OF ORGANIZATION/AGENCY
Hanford Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Hanford Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2023 To: 06/30/2024
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
T
he intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $63,033.28
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Parker Sever
Title: Chief of Police
Phone: (559) 585-4730
A
ddress: 425 N. Irwin Street
Hanford, CA 93230
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
A
ddress: North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
A
ddress: North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
10. AUT HORIZED FINANCIAL CONTACT TO RECEIVE
R
EIMBURSEMENT PAYMENTS
N
ame: Jimmy Macias
Title: Administrative Analyst
Phone: (559) 585-4730
A
ddress: 425 N. Irwin Street
Hanford, CA 93230
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Hanford Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.
Project Description
For this grant, The Hanford Police Department is going to do saturation details and DUI checkpoints to ensure public safety and preventing impaired driving of any kind. The department will do saturations and checkpoints each month throughout the year to ensure the roadways are safe for the citizens of the city. The desired outcome for this grant is to have officers patrolling the streets and catching people who are driving impaired.
The more saturations and checkpoints happen, the higher probability it is that the officers can monitor the roads and ensure safety for the community. Along with saturations and checkpoints, the agency is asking for a message board. The agency does not have one currently and the need for one is dire. With a message board, the agency can remind people to not drink and drive or inform people of a checkpoint ahead. Currently, the agency uses dim lighting and road signs to signal a checkpoint is ahead. During thick fog, officers’ safety is compromised because people cannot see very well in thick fog.
Problem Statement & Proposed Solution
The need for the community is to have more officers on patrol for people who are driving impaired. In 2020 there were sixty (60) DUI collisions in the city of Hanford. In 2021, the number rose thirty (30%) percent to eighty (80) DUI collisions. In 2022, the number of DUI collisions stayed at eighty (80) for the year. The City of Hanford is the biggest city in Kings County. Hanford has grocery stores, a mall, multiple big box stores, restaurants, hospital and birthing center, movie theater, and host sporting events at various gyms, and sports facilities around the city. At any point throughout a day in the city, the amount of people increases highly because of the amenities people are coming to the city for. Because of the amount of vehicle traffic, normal Traffic Enforcement cannot combat the amount of DUI collisions which mostly happen at night. By having saturations and DUI checkpoints, that will help to combat impaired driving through the city. By having saturations and checkpoints, that will minimize the amount of impaired drivers on the roads and call save the lives of people who are sharing the roads with impaired drivers.
Performance Measures/Scope of Work
Keeping the roadways safe from impaired drivers is vital to the department. The Hanford Police Department will conduct six (6) DUI/DUID Checkpoints throughout the grant period. There will be one checkpoint every two months. The department will also conduct twelve (12) DUI/DUID Saturations throughout the grant period.
After a saturation or a checkpoint is conducted, a narrative about what occurred during that operation will be sent to our administrative analyst for reporting purposes. The narrative will tell if there were any arrests/ citations, what were the arrests/ citation for, or if there were any arrests for DUI/DUID or alcohol related incidents. These narratives will be used to update our reporting to CHP in Amplifund. Amplifund will be updated on a monthly basis and the agency will report on a quarterly basis. Once the reporting periods are finished, the department will be able to quantitatively measure reductions or increases in DUI/DUID arrests or impaired related accidents. The agency will be able to see the statistical data from the previous year to make a comparison on how the DUI/DUID enforcement is evolving from year to year or quarter to quarter. The hope would be to have DUI/DUID down by ten (10) percent.
During this grant cycle, the department will conduct Six (6) DUI/DUID Checkpoints. One checkpoint will be completed every two months. For each checkpoint there will be one (1) sergeant, one (1) corporal, two (2) traffic enforcement officers, five (5) patrol officers, one (1) dispatcher assigned specifically to the checkpoint , and one (1) traffic corporal.
The message board the department is asking for in this grant will help make roadways safer by the agency being able to remind drivers not to drink and drive and to deliver. The message board will help during
Schedule A
checkpoints because the message board will be out to notify to people driving that there is a checkpoint ahead and to not drink and drive. The message board would be great to utilize during DUI checkpoints to make people aware to slow down because there is a checkpoint ahead. The message board has the ability for the department to have " do not drink and drive" and " checkpoint ahead" showing at one time. Currently, the department uses dim lights and road signs. The message board could also be used to remind people not to drink and drive and the message board could be put up and community events where alcohol is being sold/ consumed such as the Thursday Night Farmers Market amongst other community events.
Project Performance Evaluation
The method of evaluation to show the effectiveness of the project will be to review the monthly and Quartey statistics and see how many people were caught breaking the law. By reviewing the statistics, the department will be able to see how many citations or arrests were made as well as what type of offenses those arrests or citations there were as well. With these statistics, the department can put out a press release to let the citizens of Hanford know the results of a checkpoint or saturation. By putting out press releases, that will help curve the amount of DUI/DUID cases the public will become more aware that the department is targeting enforcement. With press releases, saturations, and DUI/DUID checkpoints, the agency hopes to decrease the number of DUI/DUID cases by at least ten percent (10%). By being consistent with doing a saturation or checkpoint each month, this will help us reach our goal of DUI/DUID cases by ten percent 10%.
The positive impact of decreasing the amount of DUI/DUID cases is massive. By cases decreasing, that means people are being safe which means the city is safer. Public safety a big priority for the agency.
Program Sustainability
Financial support internally and externally is vital for the success on a short and long term basis. Supervisory and management staff have been successful in the past in obtaining grants from federal and state government agencies. based off of the statistics from the last three years, funding specifically for saturations and checkpoints is important. In the reduction of future funding or if grant funds are not available, the agency will do everything possible to continue the project. the agency will try and budget for overtime to continue this project. The amount of saturations and checkpoints may decrease because of funding. Regardles s, the ultimate goal is to keep the roads safe.
Administrative Support
The administrative support of the department is terrific. Administration is very supportive of the department, and they are wanting to ensure the city is always as safe as possible. Administration has dealt with a variety of grants as well as have knowledge with the CHP DUI grant. There is an administrative analyst within the department that will handle reporting for this grant. The department has the personnel to complete this grant as well as any others. The department has the equipment to conduct saturations as well checkpoints. The only thing that the department is lacking regarding equipment is a message board. When there are checkpoints being conducted, we must use road signs and dim lighting to illuminate the signage. That is dangerous for officer safety. Recently, there was a checkpoint being done and it was very foggy out and the only signage for people driving up to see were stop signs and checkpoint ahead signs under dim lights. A message board would help officers during checkpoints immensely.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
12953 Hanford Police Department $63,033.28
Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Saturation Patrol $10,532.16
DUI Checkpoint $27,501.12
Category Sub-Total $38,033.28
Equipment
Message Board $25,000.00
Category Sub-Total $25,000.00
Grant Total $63,033.28
Schedule B-1
Budget Narrative
Hanford Police Department
Personnel
DUI Saturation Patrol
$10,532.16
The Hanford Police Department will plan monthly DUI/DUID Saturation details. The saturations will consist of two officers or two corporals working as a two man unit for six (6) hours per saturation. One saturation will occur per month. 2 Corporals: 144 hours @OT rate of $73.14=$10,532.16
DUI Checkpoint
$27,501.12
The cost breakdown for Checkpoints: 1 Sergeant: 36 hours @OT rate of $84.92=$3,057.12 1 Corporal: 36 hours@ OT rate of $73.14=$2,633.04 2 Traffic Officers- 36 hours each @ OT rate of $69.68= $5,016.96 5 Patrol Officers: 36 hours each@ OT rate of $69.68=$12,542.40 1 Dispatcher: 36 hours@ OT rate of $44.96=$1,618.56 1 Traffic Corporal: 36 hours @ OT rate of $73.14=$2,633.04 Overtime cost for DUI/DUID Checkpoints= $27,501.12
Equipment
Message Board
$25,000.00
The total cost for the message board is $25,000. The message on the message board will have messages to help mitigate DUI/DUID. The message board comes equipped with a trailer to be able to move it, a three year warranty, all the power cords and cables necessary, an ALPR camera, trailer certificate of origination, shipping and handling, along with tech support if needed as well as phone app software support.
15.B.
AGENDA
STAFF REPORT
MEETING DATE: 8/1/2023 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Approval of a contract with Park Planet, totaling $174,586.80, for the purchase of replacement playground equipment and installation services at Earl F Johnson Park, to be funded by the Accumulated Capital Outlay (ACO) Fund.
RECOMMENDATION:
Recommendation: The City Council, by motion, approve the purchase of replacement playground equipment and installation services from Park Planet, totaling $174,586.80 from the approved Accumulated Capital Outlay (ACO) Fund.
BACKGROUND:
The existing playground equipment at Earl F. Johnson Park has reached the end of its safe and useful lifespan. The structure is approximately 14 years old and has begun to fail in certain areas.
Most recently, the lower section of a slide cracked/broke, creating a potential hazard for users. The part was replaced with a new part that took a15 weeks to receive. Due to the age of the structure and production schedules for the manufacturers, replacement parts are not readily available, creating delays in repairing any future damage.
Parks and Community Services staff sought proposals from the following manufacturers:
• Park Planet- Options
• Ross Recreation-
• Kompam - Options
• Miracle Playsystems
• MRC/Gametime
We received the following proposals:
• Kompan (three options)
• MRC/Gametime (two options)
• Park Planet (two options)
Each manufacturer provided play structure options (8 in total) and pricing. These options were presented to the public at the three in-person Reimagining Hidden Valley Park outreach events on
May 27, June 1, and June 3. Based on the votes for each play structure from those events, the top four play structures were:
• Park Planet Option 1
• Kompan Options 1 and 2
• MRC/Gametime Option 1
Those four play structures were presented to forty young summer campers aged 6- 13. The Park Planet Option 1 play structure (see attached rendering) was the top vote recipient. This play structure meets all City of Hanford play structure specifications and meets the site's needs.
The Park Planet Option 1 play structure:
• Provides increased shade protection that extends the usable window (the time the structure can be played on in our hot summers) and extends its lifespan by protecting it from UV rays. • Has the benefit of limited flat platforms that could be used for vagrant behavior or other non- play-related uses.
• Allows for a better line of sight for parental observation.
FISCAL IMPACT:
The Capital Improvement Plan budgeted $252,000 for this project from the ACO funds. The project costs $174,586.80, which would leave the remaining $77,413.20 in funding in the ACO fund for other projects. If not approved, we could expect future replacement parts to cost between $2,000-10,000 for slides, play panels, or platforms that are degrading.
ATTACHMENTS:
1. EFJ Playground Renderings
2. Park Planet Option 1
Proposed New Play Structure at Earl F. Johnson Park
Proposed New Play Structure at Earl F. Johnson Park
Park Planet Option One
Park Planet Option One
Council Future Agenda Items
Originated
Date Item Originator Staff Lead Date Estimate
12/20/2022 Presentation to City Council regarding
Youth Sports Activities and related
field usage and level of services
provided after the formation of the
Field Sports Advisory Committee
Council
Consensus
Brad Albert 9/19/2023
3/21/2023 Discussion regarding the feasibility of
implementing a permitting system to
allow for portable basketball hoops
within the City’s Right of Way
Council
Consensus
Various Staff 8/15/2023
7/18/2023 Council review of a proposed policy
regarding the guidelines for
Community Facility Districts for all
future subdivisions
Council
Consensus
Various Staff 9/5/2023