Memorandum of Understanding
Annexation of Six Substantially Surrounded Islands within the City of Hanford This Memorandum of Understanding (“MOU”) by and between the County of Kings, a pollical subdivision of the State of California (the “County), and the City of Hanford, a municipal corporation (the “City”), (collectively the “Parties”), provides as follows:
WHEREAS, there are six (6) unincorporated territories substantially surrounded by the City (“County Islands”), that are more particularly described in the attached Exhibit A, shown as Island 9, 10, 11, 12, 13, and 14, which is incorporated herein by reference; WHEREAS, the County must currently maintain and provide services to the County Islands; WHEREAS, the County’s provision of services to the County Islands creates operational inefficiencies, including, but not limited to, inefficiencies where the City and the County provide the same service to different portions of the same neighborhood within each jurisdiction and crisscrossing the other’s territory as it provides said services;
WHEREAS, confusion is generated among some residents as to which jurisdiction is responsible for addressing problems and concerns, or who they should approach to obtain assistance; WHEREAS, the City is willing to annex the County Islands to improve services and provide better responsiveness to residents about concerns within their affected neighborhoods; WHERAS, upon annexation of the County Islands, the County will allocate revenues to the City according to the Master Tax Sharing Agreement, as previously negotiated between the Parties; WHEREAS, the City and the County each have unique concerns about the financial implications of the City’s annexation of the County Islands, including the transfer of tax revenues and the cost of new service to be provided by the City;
WHEREAS, the City and the County have agreed to cert ain terms that will provide a vehicle for addressing a portion of the new costs that will be incurred by the City as a result of the annexation of the County Islands;
WHEREAS, this MOU will provide a clear path for the City to initiate and complete annexation of the County Islands; and
WHEREAS, the City and the County desire to memorialize these terms by executing an MOU.
NOW THEREFORE THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. The recitals set forth above are hereby incorporated into this MOU by reference.
2. The City will initiate the process to annex the County Islands upon execution of this MOU.
3. The City will utilize a good faith effort to complete the annexation of the County Islands within 18 months of MOU execution.
4. This MOU does not amend the agreement for automatic mutual aid for fire services executed by the City and the County, which was effective on December 22, 2015 (“Auto Aid Agreement”). The terms of the Auto Aid Agreement shall remain in full force and effect, and it is the Parties’ intent
that the terms of that Auto Aid Agreement shall apply to the County Islands after their annexation by the City.
5. The County and the City are the only parties to this MOU and are the only parties entitle to enforce its terms. Nothing in this MOU bestows, is intended to bestow, or shall be construed to bestow any right or benefit, whether directly, indirectly, or otherwise, to any third persons.
6. If an action at law or in equity is necessary to enforce or interpret the terms of this MOU, the prevailing Party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other reasonable relief to which it may be entitled.
7. Amendments to this MOU shall be effective only if they are in writing and signed by both Parties.
The undersigned representatives, by executing this MOU, covenant that they are authorized to execute this agreement on behalf of their respective public entities.
County of Kings City of Hanford
________________________ _________________________________ Travis Paden
Kings County Board of Supervisors City of Hanford Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ _______________________________ County Counsel Ty Mizote, City Attorney
ATTEST ATTEST
____________________________________ _________________________________ Catherine Venturella Natalie Corral
Clerk to the Board of Supervisor City Clerk
Exhibit A
Island Map
10 14
13.B.
AGENDA
STAFF REPORT
MEETING DATE: 10/3/2023 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Presentation regarding the Council-supported formation of the Field Sports Advisory Committee and Approval of the Field Permitting Process and Adoption of the City of Hanford Athletic Field Use Policy and associated permit fees.
RECOMMENDATION:
Recommended Motion: That the City Council, by motion, approves the Field Permitting Process and adopt the City of Hanford Athletic Field Use Policy and associated permit fees.
BACKGROUND:
The City of Hanford currently manages three sports complexes providing youth and adult sports venues. Those complexes include the Youth Athletic Complex (YAC), the Hanford Soccer Complex (Som Com), and the Hanford Softball Complex.
During the February 7, 2023 meeting, the Council formally approved the formation of the Field Sports Advisory Committee (FSAC). The purpose of FSAC is:
• Comprised of all Hanford field sports organizations
• Partner with the City to develop and manage fields
• Advisory to the Parks and Recreation Commission
• Unified advocacy for field sports
• Development of fair and equitable field permit fee process
The FSAC youth sports organizations are:
• Hanford Youth Baseball
• Hanford Youth Softball
• Hanford Youth Soccer League (HYSL)
• American Youth Soccer Association (AYSO)
• United Football and Cheer
• Rebels Football and Cheer
Collectively, these sports organizations serve over 2,635 youth annually.
Cost to Maintain Hanford’s sports complexes:
*Includes maintenance, contracted labor, utilities, lighting, turf management, and supplies.
Historically, the City of Hanford has not imposed a field permit fee to use the facilities. A field permit fee analysis was conducted of other Central Valley cities.
Field Permit Fee Analysis
Working cooperatively with the sports organizations, a request for a field permit form was established; each group was asked to detail the dates, times, and number of fields requested.
A progressive fee structure was agreed upon as a place to start.
Collecting field permit fees from each sports organization at the end of their respective season, or quarterly for ongoing sports is proposed. This will allow the organizations to generate revenue from registration fees, concessions, and gate entrance fees.
City of Hanford Athletic Field Use and Reservation Process
The City of Hanford Athletic Field Use Policy is established to ensure that City-owned, maintained, and managed park and athletic field facilities are utilized for recreational, athletic, cultural, educational, social, and community service functions that meet the needs and interests of the community and that permitted users are fully informed of the City’s rules that govern their use.
Purpose:
To establish policies governing the use of City parks and fields maintained and managed by the City of Hanford.To ensure the City of Hanford residents have priority access to fields.Incorporate a “turf recovery period” to maintain safe, quality fields.To provide for a variety of activities reflecting the athletic preferences of Hanford residents.To collect fees for using fields in support of their ongoing maintenance.To ensure decisions regarding the use of City parks and athletic fields balance the interests of the neighborhoods, sports organizations, and residents of Hanford.To ensure that appropriate users are permitted on proper fields.
Field use permits are required for exclusive field use and encouraged for any repetitive, organized use of the athletic fields maintained or managed by the City. The Parks and Community Services Department issues field use permits. Exclusive use of the area requires an advanced reservation and is subject to fees, potential security deposit, and insurance requirements.
Process for Obtaining Permits
Field space usage requests are accepted through a seasonal process. The Parks and Community Services Department issues use permits after a request has been presented, all required documents are submitted, applicable fees are paid, insurance requirements are met (if applicable), and approval has been granted. Acceptable payment options include cash, check, MasterCard, Visa, and Discovery. Users must be 18 years of age to make a reservation. Submission of an application does not constitute approval.
Eligibility
The following are the field use priority rules for permitting use at the start of each season (in order of priority):
Programs and activities administered by the City.The Hanford Joint Union High School District administers programs, sports, and activities.Resident youth, volunteer coaches/staff, and non- selective membership non-profit (501c3) organizations with a Special Use Agreement with the City of Hanford.All other rentals will be considered on a first-come, first-served basis.
The City has exclusive discretion in scheduling City fields. An application must be submitted ten business days before the requested use date. Payment is due in full at the time the permit is issued.
The City also has the discretion to close fields for maintenance renovation and when the weather dictates.
Insurance Liability
A valid insurance certificate is required for all field permits. The insurance certificate must afford $2 million of general liability coverage per occurrence and $4 million aggregate and contain the following information:
General liability coverage (property and bodily injury) as evidenced by an insurance certificate with an additional insured endorsement naming the City of Hanford, where applicable. If you or your organization does not currently carry general liability coverage, you may purchase available liability/special event coverage through the City’s tenant liability program.
FISCAL IMPACT:
The establishment of field permit fees will assist the City with cost recovery. The overall goal is to reach a 25% cost recovery percentage.
ATTACHMENTS:
None
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