City Council Meeting
Agenda
October 17, 2023
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.
Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/
5:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:
ROLL CALL BY THE CITY CLERK:
PUBLIC COMMENT:
Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
STUDY SESSION:
A. Presentation and Review of proposed amendments to the Council Handbook of Rules and Procedures and formal direction from Council on which elements to include in the final document
CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
A. PUBLIC EMPLOYEE APPOINTMENT (GC 54957)
TITLE: Fire Chief
B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (GC 54956.9(d)(4)) 1 Case
CALL TO ORDER REGULAR SESSION:
ROLL CALL:
INVOCATION:
Pastor Bud Haskell
FLAG SALUTE:
RECOGNITION:
A. Procalmation of Down Syndrome Awareness Month and presentation of a Certificate of Recognition to Daniel Coakley
COUNCIL REPORTS/GENERAL REPORTS:
Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).
PUBLIC COMMENT:
This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
A. Procedural Waiver: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.
B. City Clerk: Appointment of James Nelson to the Parking and Traffic Commissioner vacancy with a term ending on 12/31/2023
C. Parks and Community Services: Acceptance of an anonymous donation of Christmas and holiday decorations to enhance the Winter Wonderland event D. Community Development: Second Reading of Ordinance. 23-06, approving Prezone No. 0001-23. The project pertains to land proposed to be annexed, under Annexation 162, south of Hanford-Armona Road, east of 13th Avenue (APN 011-040-030).
E. Public Works: Approval of the Notice of Completion for the FY 23 Manhole and Valve Cover Adjustment Project, for a final contract price of $189,964.95 and authorization for the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
F. Public Works: Approval of the Notice of Completion for the FY 23 Sanitary Sewer Manhole Repair and Recoating Project, for a final contract price of $118,763.56, and authorization for the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
G. Police: Approval of an Addendum to the existing contract, between Hanford Joint Union High School District and the City of Hanford, outlining specific coverage and overtime compensation for the School Resources Officer Program (SRO) Contract to cover school events
PUBLIC HEARING:
A. City Attorney: Public Hearing to accept comments regarding the adoption of the
Resolution of Necessity 23-40 R for APN 001-040-015 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property for the widening of 12th Avenue by the City (the “Project”).
GENERAL BUSINESS:
A. Community Development: Approval of Historic Resource Permit number HRA 0012-23:
A request to replace the door, side windows, and frame, due to vehicular damage, at 201 N. Douty Street, within the Historic Overlay Zone District.
B. Public Works: Authorization for the City Manager to execute a Utility Easement Agreement with Valley Strong Credit Union; and authorization to offer Grant of Easements for utility purposes to Southern California Edison across the city parking lot property (APN 012-022-011) located adjacent to Valley Strong Credit Union (216 W Eighth Street).
C. Parks and Community Services: Award of a contract with Melton Design Group for the professional architectural and engineering design services for Heroes Park, in the amount of $1,044,840, and authorization for the City Manager to execute the professional services agreement.
COUNCIL COMMENTS AND COMMUNICATIONS:
At this time, any Council Member may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2)
A. Council Future Agenda Items
B. Upcoming Events and Important Dates:
October 21& 28: Free Fitness Court Classes at Hidden Valley Park 8:00 a.m. - 9:00 a.m.
October 27: Hanford Haunted House at the Old Courthouse, 113 Court Street, 6:00 p.m. - 10:00 p.m. More Info
November 6: Special Joint Meeting, City Council and the Planning Commission November 7: Regular City Council Meeting
November 10: Public holiday, City offices will be closed November 21: Regular City Council Meeting
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}
4.A.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: STUDY SESSION
SUBJECT:
Presentation and Review of proposed amendments to the Council Handbook of Rules and Procedures and formal direction from Council on which elements to include in the final document
RECOMMENDATION:
Recommendation: That the City Council provide direction to staff on the final amendments to the Handbook and direct staff to bring back a Resolution to adopt the changes.
BACKGROUND:
Historically, past City Councils have adopted various policies and rules pertaining to City Council meetings, decorum, appointments to Commissions, and several other subjects. These policies were memorialized in a varied manner as resolutions, ordinances, and regular documents, all of which had been officially approved at Council meetings.
On June 21, 2016, the Hanford City Council formally adopted the Handbook of Rules and Procedures, in order to create one (1) single document for all rules and procedures and to eliminate the multiple references to other regulations. Since the initial adoption, there have been several amendments to the Handbook, which have included, but are not limited to, changes to the length of the Public Comment period and the size of various commissions.
At the May 16, 2023 Council meeting, during the Future Agenda Items section of the agenda, a request was made for a formal review of the Handbook by this Council and the matter was scheduled based on Council Consensus to move the item forward to a regular agenda. In response to the formal request by Council, staff felt that it was the ideal time to review the full document with the current Council and get direction any potential amendments.
On August 1, 2023, Council received an overview of the Handbook, which included a few staff-level amendments, and provided extensive directions on additional amendments that Council wanted to see added, deleted or modified. All edits are noted in the attached "redline" version of the handbook.
Some of the major changes are as follows:
• Clarification of the time frame for the selection of Mayor and Vice-Mayor • Removal of city departments as that information is regularly updated in the Council-adopted budget
• Clarification on Study Sessions and the legal ability of Council to provide formal direction on those matters
• Amendments to the "Components of the Meeting" to reflect current practice • Addition of a policy on the useage of electronic communication by Council members while on the dais
Commissioner Handbook
What information the City has previously had related to commissions has been contained in the Council Handbook. Because the city commissions play a separate, but important role, staff is proposing to have Council adopt a separate Commissions Handbook. A first draft of that document is attached for Council review and direction on this handbook will also be accepted during the Study Session.
FISCAL IMPACT:
ATTACHMENTS:
1. Handbook of Rules and Procedures - 2023 Redline Draft
2. City of Hanford - Commissioner Handbook - Draft
HANDBOOK OF
RULES AND
PROCEDURES
HANFORD CITY
COUNCIL
PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Hanford established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, Commissions, administrative staff, and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Hanford.”
Adopted: June 21, 2016
Resolution: 16-31-R
Amended: June 6, 2017
Resolution: 17-34-R
Amended: August 15, 2017
Resolution: 17-44-R
Amended: July 7, 2020
Resolution: 20-14-R
TABLE OF CONTENTS
CHAPTER 1 – GENERAL POWERS AND DUTIES
A. The City of Hanford................................................................................1 B. Council Elections ...................................................................................1 C. Vacancies ..............................................................................................2 D. Mayor/Vice Mayor Selection..................................................................2 E. Mayor as Presiding Officer and Duties Thereto.....................................2 F. Vice Mayor .............................................................................................2 G. Compensation .......................................................................................3 H. City Manager .........................................................................................3 I. City Clerk.................................................................................................3 J. City Attorney............................................................................................3 K. Triangle of Policy, Process & Product ....................................................4 L. Municipal Code ......................................................................................5 M. Interference in Staff Functions ..............................................................5 N. City Departments...................................................................................5 CHAPTER 2 – CITY COUNCIL MEETINGS
A. Rules of Order .......................................................................................9 B. Regular Meetings...................................................................................9 C. Special Meetings ...................................................................................9 D. Study Sessions......................................................................................9 E. Closed Sessions ..................................................................................10 F. Emergency Meetings ...........................................................................11 G. Agenda ................................................................................................11 H. Call to Order ........................................................................................11 I. Quorum .................................................................................................11 J. Lack of Quorum....................................................................................11 K. Rules of Discussion .............................................................................12
1. Motions............................................................................................12
2. Voting ..............................................................................................12
3. Abstention/Recuse: Conflict of Interest ...........................................12
4. Tie Votes .........................................................................................13 L. Recognition to Speak, Council Member..............................................13
1. Interruptions ....................................................................................13
2. Public Hearings ...............................................................................13 M. Council Members’ Obligation After Absence.......................................13 N. Adjournment of Meeting ......................................................................14 O. Recess ................................................................................................14 P. Agenda Items of Order ........................................................................14 Q. Audio Recordings ................................................................................14 R. Video Recordings ................................................................................14 S. Agenda Format for Meetings ...............................................................14
T. Components of Meeting.......................................................................15
1. Public Comments ...........................................................................15
2. Staff Communications ....................................................................15
3. Consent Calendar ..........................................................................15
4. Public Hearings ..............................................................................15
5. General Business ...........................................................................16
6. Council Reports/Comments ...........................................................16 U. Ordinances ..........................................................................................16 V. Resolutions ..........................................................................................17 W. Recognitions/Proclamations ...............................................................17 X. Minutes ................................................................................................17 Y. Appeals................................................................................................17 CHAPTER 3 - DECORUM
A. Enforcement of Decorum.....................................................................18 B. Conduct in the City Council Chambers................................................18
1. Council Chambers Defined ............................................................18
2. Council Dais ...................................................................................18
3. Rules of Decorum for the Public.....................................................18
4. Rules of Conduct and Safety..........................................................18
5. Removal from the Council Chambers ............................................19 C. Courtesy ..............................................................................................19
1. Council Members ...........................................................................19
2. Public Speakers .............................................................................19
3. Appointed Members of Commissions and Committees .................20 D. Disciplining a Disruptive Member ........................................................20 E. Noise in the Lobby ...............................................................................21 F. Distribution of Literature and Other Materials
in City Council Chambers ....................................................................21 CHAPTER 4 – PROCLAMATIONS, CERTIFICATES, AND OTHER
ACCOLADES
A. Purpose ...............................................................................................22 B. Guidelines............................................................................................22 C. Policy ...................................................................................................22 CHAPTER 5 – CITY COMMISSIONS
A. Appointments.......................................................................................24 B. Attendance...........................................................................................24 C. Relationship to Council, Staff and Media.............................................25 D. Public Appearance and Representation by Members .........................25 E. Other Rules and Procedures ................................................................25
CHAPTER 56 – ADMINISTRATIVE RULES
A. Rules and Procedures Administration .................................................26
1. Review of City Council Rules and Procedures...............................26
2. Adherence to Rules and Procedures .............................................26
3. City Attorney as Rules and Procedures Advisor ............................26
4. Applicability of Rules and Procedures............................................26 B. Conflict with City Municipal Code, Administration Policies, State or Federal Law ...........................................................................26
1 CHAPTER 1
GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF HANFORD
The City of Hanford has a City Council/City Manager form of government.
Under this form of government, the elected City Council sets the policies for the operation of the Hanford City Government. The Council is responsible to the citizens for:
•Establishing community-wide goals that address short and long rangeshort- and long-range needs.
•Formulating policies that define a course of action that shape city operations. •Providing quality services within available resources. •Acting as a link between the professional staff and local citizens.
City Council members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. Strategic planning and goal setting are the tools that enable a Council to define their vision and determine methods for accomplishing their goals.
The administrative responsibility of the City rests with the City Manager, who is appointed by the City Council. The City Manager has the responsibility to apply and administer Council’s policies through the day-to-day operation of the City. The City Manager is the chief administrative officer of the city and directs the totality of city operations.
Teamwork between the Council and the City Manager is a key element of the council-manager form of government. The pooling of skills is essential to resolve the many complex problems that face the City today. The council-manager form of government seeks to enhance the effectiveness of local policy-making and municipal operations by bringing together skilled lawmakers, community representatives, and experts in municipal administration and management.
B. COUNCIL ELECTIONS
The City Council consists of five (5) members, elected by district. Each Council Member serves four-year staggered terms, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.
2 C. VACANCIES
Vacancies on the City Council shall be filled in accordance with California Government Code 36512.
California Government Code Section 36502 specifies the conditions under which a vacancy occurs.
D. MAYOR/VICE MAYOR SELECTION
Following a General Municipal Election, the Mayor and Vice-Mayor shall be selected at the meeting where election results are confirmed and the new City Council members are seated. (This meeting will either be in late November or early December).
In alternating years (i.e. when there is no General Municipal Election) the Mayor and Vice-Mayor shall be selected at the first Regular City Council meeting in December.
Although the Mayor and the Vice-Mayor have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Handbook, with respect to the establishment of policies, voting, and in other significant areas, all members are equalThe Mayor and Vice Mayor are members of the City Council and selected by the Council and not elected by the voters. These positions typically serve a period of one (1) year.
E. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Hanford for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.
The Mayor shall preserve strict order and decorum at all times. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote. The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all
3 ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
F. VICE MAYOR
In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his/her presence. The Vice Mayor shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
G. COMPENSATION
Salaries for the City Council Members may be fixed in accordance with Section 36516 of the Government Code of the State of California. Council Members may be reimbursed for actual and necessary expenses incurred in the performance of their official duties as allowed by Government Code Section 36514 and any resolutions or ordinances adopted by the City.
H. CITY MANAGER
The City Manager, appointed by the City Council, is responsible for the overall administration of the City in response to the policies and programs established by the City Council. The City Manager is responsible for forecasting the program and service needs of the City and its related financial, personnel, and capital improvement requirements. The City Manager is a significant liaison with the community and other levels of government.
I. CITY CLERK
The City Clerk is appointed by the City Manager and is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). The City Clerk, in consultation with the City Attorney, ensures that actions are in compliance with all federal, state and local statutes and regulations and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all city departments, and the general public rely on for information regarding the operations and legislative history of
4 the city. The City Clerk serves as the liaison between the public and City Council and provides related municipal services. The City Clerk provides clerical support to the City Council.
J. CITY ATTORNEY
The City Attorney, appointed by the City Council, is responsible for providing necessary legal services and guidance to the City Council, the City Manager, department heads, and city boards, commissions and committees to ensure that city functions are performed on a sound legal basis.
In the event that it is deemed necessary and in the best interest of the City to contract for either Special or Conflict Counsel to act in the place of the City Attorney, the City Manager shall bring forth a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary documentation to facilitate those contracts. If outside legal counsel is required due to a reason other than a conflict of interest affecting the City Attorney, the City Manager shall confer with the City Attorney regarding the hiring of Special Counsel.
Communications from the City Attorney’s Office may be confidential and shall be treated as attorney-client privilege. Only the City Council, as an entire body, may waive the privilege, and not individual Council Members.
During the normal course of a Council Member carrying out the duties of office, it is common practice to discuss issues or ask questions of city staff, including the City Attorney. For the purpose of this policy statement, the intent is to regulate an individual Council Member’s authority to cause work to be performed by the City Attorney.
When an individual Council Member poses a question to the City Attorney, the City Attorney shall estimate the amount of time required to answer the question.
In the event the City Attorney believes the amount of time for research involved in answering the question will generate a bill in excess of $600.00, the City Attorney will notify the Council Member that the answer will exceed policy limitations. If the submitting Council Member continues to seek an answer to the question, the Council Member will pose the question to the Council, as a body, at a Council Meeting and must obtain a consensus of the majority of the Council Members present at the meeting in order for the City Attorney to work on the question.
Legal work involving questions or inquiries that require less than $2,500.00, per year, in billable hours by the City Attorney may be authorized by the submitting Council Member without the need of obtaining the Council’s approval.
K. TRIANGLE OF POLICY, PROCESS & PRODUCT
5 The City Council establishes the Policy—establishing vision and direction for the community’s future.
The City Clerk, in consultation with the City Attorney oversees the Process— ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.
The City Manager provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
L. MUNICIPAL CODE
The Hanford Municipal Code sets forth the regulatory, penal and administrative laws of general application to the city. These laws are enforceable by the City, and violation constitutes a misdemeanor or infraction.
Other directives and policies of the City Council are recorded in resolutions or by minute action of the Council.
M. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager.
No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.
The City Council shall deal with the Office of the City Attorney only through the City Attorney or his/her designees, except for the purpose of inquiry, and neither the City Council nor any member thereof, may give orders to subordinates of the City Attorney without the City Attorney’s consent.
N. CITY DEPARTMENTS
Administration – In addition to the City Manager and City Clerk, the administrative office also includes Human Resources, Information Technology and the Airport division. Human Resources is responsible for risk management, insurance services, and the city's comprehensive personnel program, including recruitment, classification, compensation, employee benefits, safety administration, and employee training.
Information Technology is responsible for design and maintenance of the city’s software systems and administration of the City’s Local/Wide Area Network. This division also manages the City’s web services and intranet.
6 Airport operations oversee all matters pertaining to the airport.
Finance – The Finance department is composed of two divisions, the Accounting division and Utility Billing division. The Accounting division is responsible for cash management, financial management services, payroll, purchasing, accounts payable and receivable, and business license administration.
The Utility Billing division is responsible for customer services for Refuse, Sewer, and Water operations. This includes all billing, collections, and adjustments as necessary.
Community Development – The Community Development department includes three divisions: Planning, Building, and Housing. The Planning division is responsible for administering the city's general plan and zoning ordinance, and provides support services to the planning commission.
The Building division is responsible for ensuring that construction activities in the city meet all requirements of the Uniform Building Code. The division issues building permits and provides inspections as needed to ensure that buildings are constructed in accordance with the approved plans. The Building division also provides city-wide code enforcement services and abates dangerous buildings to ensure they do not pose a hazard to the community.
The Housing division is responsible for assisting in the development, rehabilitation and maintenance of affordable housing in our community. This division provides funds for the CDBG Housing Rehabilitation Grant Program, the BEGIN/HOME Programs, First-Time Homebuyers Program, and the processing and monitoring of all housing rehabilitation projects.
Parks & Community Services – The Recreation division operates recreational and leisure activities for the community of Hanford. It is composed of administrative services, sports, youth/cultural/special events, Longfield Center, aquatics, senior center, teen center, facilities management, and therapeutic recreation. Hanford’s recreation department offers a full range of recreational activities for nearly every segment of our community. The Parks and Community Services department provides recommendations to the Parks and Recreation Commission.
The Parks division is responsible for maintaining the aesthetic and recreation value of city property including city parks, street medians, athletic fields, city parking lot landscapes, the Industrial Park, Airport Park, and the Intermodal Station. The division designs and constructs streetscape improvement projects within the Downtown District; administers the Landscape Assessment District contracts; repairs citywide irrigation systems; performs annual playground safety inspections; and conducts repairs and upgrades to existing playgrounds.
7 The Facilities division is responsible for the maintenance and repair of all city owned facilities. This includes the civic auditorium, city offices, veterans building, historic courthouse, intermodal facility, public works corporation yard, wastewater treatment plant, Longfield Center, aquatics facility, police department, and fire stations. This is accomplished through a staff of full time and part-time employees.
Public Works – The most complex department in the City of Hanford is the public works department. It is composed of Administration/Engineering, Streets, Refuse, Fleet, Wastewater, and Utilities.
The Administration and Engineering division is responsible for the design and supervision of all capital improvement projects as well as administering the entire public works department. This division is also responsible for providing recommendations to the City Council and Commissions.
The Streets division is composed of two programs: street maintenance and street cleaning. Street maintenance is primarily responsible for maintenance of local streets and city parking lots as well as supervising painting activities, maintenance of traffic signals and streetlights, and other maintenance activities.
The street-cleaning program is responsible for sweeping of all city streets on a periodic basis.
The Wastewater Treatment plant is a sophisticated, multimillion dollar facility responsible for the treatment and recycling of all city wastewater. This division is also responsible for maintaining the sanitary sewer collection system. The plant uses state of the art techniques and continues to meet all applicable water quality standards.
The Refuse division provides refuse pickup, recycling, and disposal services for all businesses and residents of the city, as well as some residents located in unincorporated areas around the city.
The Fleet Maintenance division is responsible for maintaining and managing a diverse fleet of equipment including sedans, police vehicles, street sweepers, refuse trucks, motor graders, sewer cleaning equipment, fire vehicles, and other specialized pieces of large and small equipment. The city’s fleet maintenance program is set up as a leasing operation with all costs accumulated in this program and charged out to city departments.
The Utilities division is composed of two program areas: storm sewer maintenance and water operations. The storm sewer maintenance section is responsible for maintaining storm drain facilities within the city. The water operations section is responsible for the operation and maintenance of the city water system.
8 Police – The Police department is responsible for providing police services to preserve the peace and ensure the general safety and welfare of city residents and visitors. The department is organized into multiple areas: support services, records and communications, operations, narcotics task force, traffic enforcement, school resource officer program, and the problem-oriented policing (POP) program. These divisions work cooperatively to maintain a low crime rate with a community approach to law enforcement.
The Support Services division is responsible for the overall administration of the police department and investigative services. This division also administers the Gang Resistance Education (G.R.E.A.T.) program in conjunction with the Hanford Elementary School District and Hanford Joint Union High School District.
The Records and Communications division is responsible for providing communications, clerical support, and police records management for the police department.
The Operations division is responsible for patrol services, traffic enforcement, and development of a highly responsible force for both emergency and service needs.
The Traffic Enforcement division focuses on traffic education and enforcement, driving under the influence enforcement, seat belt and child restraint education, and bicycle and pedestrian safety in our community.
The School Resource Officer (SRO) program is a cooperative program with the Hanford Joint Union High School District and the purpose of the program is to provide guidance to our youth and to maintain a safe environment at the three (3) Hanford High School campus sites.
The Problem Oriented Policing (POP) program provides specialized police services through community partnerships with citizens to reduce criminal activities in our community. The division concentrates its efforts on developing specific strategies and projects to solve issues within the community.
Fire - The fire department is responsible for the prevention and suppression of fires in the community. The department is broken into two divisions:
administration/suppression and fire prevention.
The Administration/Suppression division is responsible for administering the department, as well as providing suppression services when fires occur.
The Prevention division is responsible for building inspections, plan review, weed abatement, and citizen education programs.
9 CHAPTER 2
CITY COUNCIL MEETINGS
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, ortime or adopt new rules as it deems necessary. The City of Hanford shall follow Rosenberg’s Rules of Order and incorporate the procedures set forth in this chapter.
The City Attorney acts as the parliamentarian and advises the Mayor when points of order are raised.
B. REGULAR MEETINGS
Regular meetings of the City Council shall be open to the public and held on the first and third Tuesdays of every month, at the hour of 7:00 p.m. The business to be considered during the council meeting is detailed on a printed agenda. State law (the Ralph M. Brown Act) requires that public notice be given at least 72 hours before the regular meeting indicating the time and place of the meeting. An agenda of each meeting is posted at City Hall. Regular meetings may be adjourned or continued to a specified time and place.
Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting or the meeting may be cancelled.
C. SPECIAL MEETINGS
A special meeting may be ordered whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided at least 24 hours prior to the time of the meeting pursuant to State law.
Ordinances may not be adopted at special meetings; only urgency ordinances may be adopted at such meetings. Items not listed on the agenda shall not be considered at the special meeting.
D. STUDY SESSIONS
The City Council may meet in a “study session” for the purpose of acquiring information on a particular subject(s) or hold “work sessions” for the purpose ofand collaborating with the public through individual public comment periods.
These sessions are considered special meetings that shall be open to the public and comply with the Brown Act. Additionally, as special meetings, Council may
10 provide formal direction to staff on consistent with the agenda wording for each item.
E. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and may be required to disclose action taken, if any.
Closed sessions may be held to discuss certain matters specified by law, including:
•Personnel matters to consider the appointment, employment, performance, or dismissal of a public employee
•Matters of national and public safety
•Labor negotiations
•License applications by persons with criminal records
•Real estate negotiations
•Anticipated litigation
The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them in closed session in complete confidence in accordance with Government Code section 54963. No mention of information in these materials should be made to anyone unless allowed by this statute.
If the City Council in closed session has provided direction to city staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. A Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.
Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential
11 closed session discussions, without first receiving authorization from the legislative body.
F. EMERGENCY MEETINGS
Emergency meetings may be called by the City Council with one-hour notice to its members and local news media. The City Council may not meet in closed session during an emergency meeting. Except for the 24-hour notice requirement, the special meeting requirements set forth above shall apply in emergency meetings.
G. AGENDA
In order to facilitate the orderly conduct of the business of the citizens of Hanford, the City Manager and City Clerk shall set the agenda, in addition to any direction by the City Council. The City Clerk shall arrange such matters as may have been timely provided, for inclusion in the agenda. Copies of the agenda are available at City Hall and at the council meeting, as well as posted on the city’s website.
H. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and Vice Mayor, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor, or until adjournment of the meeting.
I. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. Approval of resolutions and all orders for the payment of money also require an affirmative vote by a majority of the entire Council.
J. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
12 K. RULES OF DISCUSSION
1. Motions
Action items listed on the council agenda in accordance with applicable law, orlaw or added as an action item on a council agenda, in accordance with applicable law, may be voted on by the council.
Following a presentation of the item by staff, the Mayor will open discussion to the City Council for questions and comments. When there appears to be no further discussion or all of the Council Members have had the opportunity to speak, the Mayor may call for a motion.
Motions may be made by any member of the council, including the presiding officer, providing that before a motion is offered by the presiding officer, the opportunity for making a motion should be offered to the other members of the council. Any member of the council, other than the person offering the motion, may second a motion. Following a motion and a second, and any further discussion, the Mayor shall call upon the City Clerk for the vote.
2. Voting
The City Council utilizes an electronic voting system. , iIn the absence of an electronic voting systemdevice, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Unless a Council Member states that he or she is not voting, silence shall be recorded as an affirmative vote. The Presiding Officer shall announce the results of the vote.
A majority, also known as a simple majority, is a subset of a group that is more than half of the members present.
A two-thirds majority means that two-thirds of the quorum must agree to the proposition. It is much stronger than a simple requirement. In the event of an absence the vote would have to be unanimous.
3. Abstention/Recuse: Conflict of Interest
Council Members shall disqualify themselves if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. The disqualified Council Member shall leave the Council dais until the conclusion of the agenda item unless applicable State law or regulations permit otherwise.
13 It should be noted, however, a Council Member may speak as a member of the public, on his/her own behalf – as opposed to on behalf of someone else – on a matter that directly affects his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she could address the Council, speaking to what the impact would be to his/her property.
In some instances, a Council Member may determine that it is appropriate to abstain from voting on a matter even though no financial conflict of interest exists. If a City Council member abstains from voting, their vote will count as a negative. A Council Member is counted as present for quorum purposes, but his/her abstention is effectively a negative vote.
For example, if a matter requires three affirmative votes for approval and one Council Member abstains, at least three other Council Members must cast affirmative votes for the matter to be approved.
4. Tie Votes
A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
L. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.
1. Interruptions:
A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the Mayor call the item to order.
2. Public Hearings:
Council Members should not speak to the merits of an issue, other than to ask questions, until the public comment has been closed.
M. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes
14 from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
N. ADJOURNMENT OF MEETING
Regular meetings shall conclude no later than 10:00 p.m., unless the time is extended by a majority consensus of the Council.
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
O. RECESS
At any point during a meeting the Mayor may call for a brief recess.
P. AGENDA ITEMS OUT OF ORDER
The Mayor may, with the consent of the City Council, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.
Q. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are audio recorded, as well as special meetings. Workshops or meetings that require extensive interaction with the public, staff, and City Council may not be recorded if the length of the meeting is anticipated to be unusually long or if simultaneous discussions are expected to occur.
R. VIDEO RECORDINGS
All regular meetings (except closed sessions) of the City Council are video recorded, as well as any special meetings held in the Council Chambers. The City of Hanford allows the use of additional recordings as long as they are not being disruptive to the proceedings or to those in attendance. Any equipment being used should not block aisles, exits, or the view of others. If the use of equipment is determined to be disruptive by the legislative body, the use of said equipment may be banned. Council has identified an area against the East wall of the Chambers, just south of the Director’s box, where all video camera equipment should be setup for recording.
S. AGENDA FORMAT FOR MEETINGS
15 The agenda format for the Hanford City Council and Commission meetings will be prepared to allow for an efficient method to conduct city business. The format and order of business will be established by the City Clerk, unless modifications are approved by the City Council.
T. COMPONENTS OF MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda.
1. Public Comments
For regular meetings, this is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council, including matters listed on the meeting’s agenda and other matters not appearing on the agenda. For special meetings, citizen comments are limited to matters on the agenda and public comment will be accepted after each agenda item. The Council cannot legally discuss or take official action on citizen requests that are introduced under this section.
This is also the time for citizens to comment on items listed under the Consent Calendar or General Business, or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing items will be heard at the time the item is discussed.
Each speaker will be allowed three minutes, but the Mayor has the discretion to shorten the time limit to make an efficient use of the Council’s time. As a courtesy, but not required, the speaker should state his/her name and provide their city of residence.
Any documents submitted by a member of the public to the City Clerk for the purposes of handing out to the City Council will be distributed and made a part of the record. The City Clerk will not read the documents out loud, but note who the correspondence was from.
2. Council Reports/General ReportsStaff Communications Brief, information-only reports, from City Council and/or Staff maywill provide updates to the City Council on major events or projects that may be of public interest. This is also the time for Council members to provide committee reports and to report on any meetings attended at the City’s expense. Any documents submitted by a member of the public to the City Clerk for the purposes of handing out to the City Council will be distributed and made a part of the record. The City Clerk will not read the documents out loud, but note who the correspondence was from.
16 3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
4. Public Hearings
A public hearing is only required where a specific law or ordinance applicable to the item expressly requires a hearing or a hearing is required for constitutional reasons (usually to ensure "due process"). Sometimes the decision is made to hold a public hearing even though one is not required by law. In this case, the agenda documents will state that the public hearing is optional. Staff will open the item by providinge a report on the item, then the Mayor will open the hearing to public comments.
Public comments are subject to the rules and regulation of the Hanford Municipal Code. After closing public comments, the Mayor will allow the Council to provide questions or comments to the staff prior to making a motion. Once public comments are closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor. However, public comments may be re-opened by a majority approval by the Council to hear new information.
5. General Business
Any other remaining items requiring action may be placed in this section.
Items that do not need action, but are to provide informational or receive direction from the City Council may also be placed under General Business.
6. Council Reports/Comments
The City Council may report on other meetings or community events that they have recently attended. General announcements that may be of interest to the other Council Members or the public may be made at this time. If a Council Member receives any written correspondence that they would like to be a part of the record, they may announce that they received said correspondence and that it will be given to the City Clerk for distribution.
67. Items for Future Agendas
Any Council Member may request a matter which is not otherwise scheduled on a City Council agenda to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council by concurrence of a majority may direct the City Manager to put the item on a future agenda.
U. ORDINANCES
Ordinances are the laws of the municipality. City councils are given the power to pass ordinances by Government Code Section 37100 as long as those
17 ordinances are not in conflict with the laws and Constitution of the State of California or the United States. Approval of an ordinance requires a first reading or introduction and a second reading and adoption, with at least five days between readings (except an urgency ordinance). The passage of an ordinance requires the affirmative votes of at least three (3) council members. The ordinance or a summary is then published in the local newspaper and becomes effective thirty (30) days later. The thirty (30) day time frame is known as a referendum period. A referendum period is required by state law and is a time frame in which any citizen can file a petition challenging the legality of a recently adopted ordinance. An ordinance is an action that can be repealed or amended only by a subsequent ordinance.
In matters deemed by the City Council to warrant immediate action to preserve peace, public safety or health, an urgency/emergency ordinance may be passed immediately upon introduction at either a regular or special meeting, and can be effective immediately.
V. RESOLUTIONS
A resolution sets forth the action of the council on certain types of policy, procedural, or administrative matters. It requires only one reading and may be changed by subsequent resolution.
W. RECOGNITIONS/PROCLAMATIONS
The City Council may recognize individuals, organizations, or activities during the meetings. Other organizations may also present recognitions to the City.
X. MINUTES
The City Council utilizes summary minutes, which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The audio recording may be used for reference, but it is not the official record of the meeting.
The City Clerk shall prepare the Minutes, and upon approval of the City Council, it shall become the official record.
Y. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or action until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda, the decision of which shall be factored upon the Council’s decision on appeal.
18 CHAPTER 3
DECORUM
A. ENFORCEMENT OF DECORUM
The City Manager shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. CONDUCT IN THE CITY COUNCIL CHAMBERS
1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined by the Brown Act, whether it be a regular meeting, special meeting, or emergency meeting.
2. Council Dais
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and city staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well, unless invited by a Council Member to step forward. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
3. Usage of Electronic Communication Devices at the Dais It shall be the policy of the City Council that City Council Members, and any other members of the City’s Boards, Commissions, and Committees, shall not use electronic communications (i.e.text, emails) with anyone in the public, or between themselves, while at the dais and/or participating in a public meeting.
4. Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the city meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3(c).
19 54. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or to a silent mode.
65. Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Government Code Section 54957.9.
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and,
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City Council; and,
(d) Any other unlawful interference with the due and orderly course of said meeting.
C. COURTESY
1. Council Members
Council Members shall accord the utmost courtesy to each other, city employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
2. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Public Comments section of the agenda. The right of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, and the acts or omissions of the City Council members. Criticisms that do not relate to city business will not be tolerated.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a
20 specific agenda item or under Public Comments may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is outside of the Council’s jurisdiction, repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The Mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the Mayor or presiding officer may direct the City Manager to contact law enforcement.
3. Appointed members of Commissions and Committees
Appointed members of Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
D. DISCIPLINING A DISRUPTIVE MEMBER
If one member engages in disruptive behavior, it is the responsibility of the City Council to remind the disruptive member about their duties. The failure of the governing body to deal with a misbehaving member or commissioner can also have legal consequences for the locality. For example:
1. A City Council member or Commissioner that mistreats staff members by using inappropriate language, asking the staff member to perform personal tasks, hugging or touching staff in an inappropriate manner, etc. may be putting the locality at risk for a lawsuit alleging harassment or a hostile work environment. If the governing body does not take appropriate steps to avoid the appearance of agreement with the objectionable behavior of a fellow member or commissioner, the inappropriate behavior may be considered to have been sanctioned by the governing body.
2. A member that leaks a confidential legal opinion of the local government attorney can result in the loss of the attorney client privilege and with the loss of the attorney client privilege it is possible the opinion can be used in court against the locality. In order to protect the attorney client privilege the other members of the governing body need to take affirmative action against the member that leaked the opinion.
21 In some instances meeting one-on-one outside of a public meeting can rectify a misunderstanding or correct inappropriate behavior. The manner in which a situation is addressed may be on a case by case basis. If the behavior continues or if the actions are more severe, the City Council may determine other methods of discipline.
The Mayor, with the approval by a majority of the Council, may remove a Commissioner from their seat. Similarly, a Council Member may be removed from his or her standing committee assignments as well as assignments to outside committees.
One of the most common forms of discipline is for the governing body to “censure” a fellow council member. A censure is a public statement condemning the member’s inappropriate behavior with the hopes of reforming him or her so that he or she will not behave in the same way again. Members can be censured for misconduct at meetings, failing to follow proper procedures, violating confidentiality, illegal or immoral conduct, absenteeism, lying, disloyalty, working against the organization, conspiracy, and violating other values that the Hanford City Council holds dear. With a consensus of the Council, a censure may be placed on a future agenda. Censures are then approved by a resolution.
E. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
F. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY
COUNCIL CHAMBERS
No person, other than city staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Public Comments, or by a project applicant/appellant pertaining to city business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.
Hand-held signs are permitted in the Council Chambers, but they cannot block the view of others in the audience or prevent the public from freely entering or exiting the room.
22 CHAPTER 4
PROCLAMATIONS, CERTIFICATES, AND OTHER ACCOLADES
A. PURPOSE
The purpose of this policy is to establish uniform procedures, criteria, and identify authority.
B. GUIDELINES
The following are basic guidelines for recognition.
Proclamations – Generally proclaims certain periods of time (days, weeks, or months) in honor of an event or activity. Proclamations also may recognize individuals for extraordinary contributions they have made to the community.
They contain several biographical or informational paragraphs. Examples include Fire Prevention Week, Arbor Day, and American Red Cross Month.
Certificates – Certificates are prepared in response to the type of recognition desired and are to express appreciation for exemplary service or performance to individuals, teams, or organizations.
Other Tokens of Appreciation – These items include various forms of Hanford memorabilia and are distributed at the discretion of individual City Council Members, City Clerk or City Manager. For example, the City Clerk is often contacted for lapel pins and forwards them to the requesting parties.
C. POLICY
It is the policy of the City of Hanford to recognize individuals and/or organizations for their outstanding performance, or honor special events and dates with proclamations, certificates, plaques, or other tokens of appreciation in accordance with the criteria set forth below.
1.Request for proclamations, certificates or plaques from City Council Members, city departments, residents, and local organizations must be submitted to the City Clerk’s office.
2.Requests should specify:
(a) Reason why recognition should be granted; and
(b) Information that will assist the Mayor, City Council, or City Manager in arriving at a decision.
3.Requests by individuals or organizations for proclamations or certificates of recognition/appreciation are subject to approval by the Mayor and City Manager. The Mayor and City Manager will determine if
23 it will be presented at a City Council meeting or will direct the City Clerk to forward the accolade to the recipient.
4.All requests for plaques, framed certificates, or custom gifts to visiting officials/dignitaries, elected officials, individuals or organizations shall be approved by the Mayor and City Manager.
5.Individual Council Members shall have the discretion to direct the City Clerk to prepare certificates (not framed) or another token of appreciation that he or she will personally present.
6.Requests for plaques, gifts or awards to city employees for dedicated service to the city shall be approved by the City Manager.
7.The Mayor and City Manager shall have the discretion to determine the appropriate type of honor for special or unusual circumstances that may arise and may warrant deviation from this policy.
24 CHAPTER 5
CITY COMMISSIONS
A. APPOINTMENTS
The mayor, with the approval of the City Council, appoints citizens to various commissions that carry out designated functions and advise the City Council on certain decisions and policy matters. All members serve at the pleasure of the City Council for designated terms. The City Council may remove a member by a majority vote of the Council without cause, notice or hearing.
Members of advisory bodies serve terms of four (4) years beginning in January.
In no event shall any one member serve more than two consecutive terms on any one commission, exclusive of appointments to fill unexpired terms. After serving the maximum number of terms, an individual may not be reappointed to that commission for at least one year from the last date served.
Appointees to commissions should be 18 years of age or older, and live within the city limits of Hanford. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public. Additional requirements may be applicable to a specific Committee or Commission.
The following is a summary of the specific scope of responsibility for each city advisory body.
Planning Commission
The Planning Commission has the principal duty of establishing and maintaining the general plan of the community and advising on physical development, zoning, subdivision proposals, and special studies so that development values are maintained and protected.
Parks and Recreation Commission
The Parks and Recreation Commission's duties are to study and advise on matters pertaining to the city's public park and recreation programs.
Parking and Traffic Commission
The duties of the Parking and Traffic Commission are to investigate ways and means of improving parking and traffic movements and make appropriate recommendations.
B. ATTENDANCE
25 A compilation of members’ attendance will be submitted to the City Council at the end of the calendar year and will be a factor in a request for reappointment.
Members may be removed by the City Council if they have three (3) consecutive absences or attend less than 70% of the meetings, unless extenuating circumstances apply and are noted for the record.
C. RELATIONSHIP TO COUNCIL, STAFF AND MEDIA
Advisory bodies should not become involved in the administrative or operational matters of city departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without specific approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Additional or other staff support may be provided upon a formal request to the City Council. The responsibility for setting policies for the City rests with the City’s duly elected representatives, the City Council.
Members should refer all media inquiries to city staff and not provide statements or positions on any issues on behalf of the City or the Advisory Body.
D. PUBLIC APPEARANCE AND REPRESENTATION BY MEMBERS
When a member appears in a non-official, non-representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual, not as a member of a Commission.
Conversely, when a member who is present at a Council meeting is asked to address the Council on a matter pertaining to his or her Commission, the member should represent the viewpoint of the particular body as a whole, not a personal opinion. If during a Commission meeting, a member was directed by the body to attend another meeting to speak on their behalf, then that is permitted.
Members shall not act independently of their Commissions in conducting surveys, studies, or petitions, unless he or she is acting as an applicant or submitting a request as a citizen. Commissioners shall not use their positions for personal interest and must recuse themselves if conflicts of interest arise.
E. OTHER RULES AND PROCEDURES
Each Commission may adopt other rules and procedures, as it feels necessary to effectively and efficiently accomplish its duties. Such rules are subject to Council approval before becoming effective and should not be in conflict with this Handbook, or with any local, state, or federal laws.
26 CHAPTER 6
ADMINISTRATIVE RULES
A. RULES AND PROCEDURES ADMINISTRATION
1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.
2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor bears the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.
3. City Attorney as Rules and Procedures Advisor – With the consensus of a majority of the Council, the City Attorney may be directed to interpret the City Council’s adopted Rules and Procedures and proposed changes.
4. Applicability of Rules and Procedures – The City of Hanford City Council Handbook of Rules and Procedures shall also apply to all Commissions and/or Committees as established by the City Council.
B. CONFLICT WITH CITY MUNICIPAL CODE, ADMINISTRATION
POLICIES, STATE OR FEDERAL LAW
If there is any conflict contained hereinabove with the City Municipal Code, Administration Policies, State or Federal Law, such laws shall prevail.
City of Hanford
Commissioner
Handbook
2 TABLE OF CONTENTS
City Contacts...............................................................................................3 Structure of Government.............................................................................4 City Council...............................................................................................4 City Manager.............................................................................................4 City Clerk...................................................................................................5 City Attorney..............................................................................................5 Triangle of Policy, Process & Product.......................................................6 Municipal Code .........................................................................................6 City Commissions .......................................................................................7 Appointments ............................................................................................7 Meetings and Officers .................................................................................8 Agendas, Notices, and Minutes ................................................................8 Conduct of Meetings .................................................................................9 Selection of Chair and Vice Chair .............................................................9 Other Rules and Regulations…………………………………………………9
Attendance…………………………………………………………………… ..9
Relationship to Council, Staff and Media…………………………………..10 Public Appearance and representation by members……………………..10 Application and Selection Process..........................................................10 Attendance..............................................................................................11 Compensation.........................................................................................11 Qualifications...........................................................................................11 Reappointments, Resignations, Removals .............................................11 Term of Office .........................................................................................11 Vacancies, New Terms, and the Maddy Act ...........................................11
3 319 N. Douty Street
Hanford California 93230
City Council
Travis Paden District A 559-381-3096 (c)
Kalish Morrow District B 909-234-0776 (c)
Diane Sharp District C 559-905-0040 (c)
Lou Martinez District D 559-589-3774 (c)
Mark Kairis District E 559-362-5349 (c)
City Contacts
Mario Cifuentez City Manager 559-585-2516
Jason Waters Deputy City Manager 559-585-2590
Ty Mizote City Attorney 559-584-6656
Vacant Police Chief 559-585-4370
Steve Pendergrass Fire Chief 559-585-2145
Sarah Cardoza
Brad Albert
Human Resources Manager
Parks and Community Services
Dir.
559-585-2521
559-585-2527
Chris Tavarez Finance Director 559-585-2506
Russ Sterling Public Works Director 559-585-2571
Lisa Dock City Engineer 559-585-2555
Natalie Corral City Clerk 559-585-2515
Graffiti Abatement 559-582-3211 ext. 2765 Animal Control 559-852-2525
Code Enforcement 559-585-2633
4 STRUCTURE OF GOVERNMENT
The City of Hanford has a City Council/City Manager form of government.
Under this form of government, the elected City Council sets the policies for the operation of the Hanford City Government. The Council is responsible to the citizens for:
•Establishing community-wide goals that address short- and long-range needs. •Formulating policies that define a course of action that shape city operations. •Providing quality services within available resources. •Acting as a link between the professional staff and local citizens.
City Council members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. Strategic planning and goal setting are the tools that enable a Council to define their vision and determine methods for accomplishing their goals.
The administrative responsibility of the City rests with the City Manager, who is appointed by the City Council. The City Manager has the responsibility to apply and administer Council’s policies through the day-to-day operation of the City. The City Manager is the chief administrative officer of the city and directs the totality of city operations.
Teamwork between the Council and the City Manager is a key element of the council- manager form of government. The pooling of skills is essential to resolve the many complex problems that face the City today. The council-manager form of government seeks to enhance the effectiveness of local policy-making and municipal operations by bringing together skilled lawmakers, community representatives, and experts in municipal administration and management.
City Council
The City Council consists of five (5) members, elected by district. Each Council Member serves four-year staggered terms, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.
City Manager
The City Manager, appointed by the City Council, is responsible for the overall administration of the City in response to the policies and programs established by the City Council. The City Manager is responsible for forecasting the program and service needs of the City and its related financial, personnel, and capital improvement
5 requirements. The City Manager is a significant liaison with the community and other levels of government.
City Clerk
The City Clerk is appointed by the City Manager and is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). The City Clerk, in consultation with the City Attorney, ensures that actions are in compliance with all federal, state and local statutes and regulations and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all city departments, and the general public rely on for information regarding the operations and legislative history of the city. The City Clerk serves as the liaison between the public and City Council and provides related municipal services. The City Clerk provides clerical support to the City Council.
City Attorney
The City Attorney, appointed by the City Council, is responsible for providing necessary legal services and guidance to the City Council, the City Manager, department heads, and city boards, commissions and committees to ensure that city functions are performed on a sound legal basis.
In the event that it is deemed necessary and in the best interest of the City to contract for either Special or Conflict Counsel to act in the place of the City Attorney, the City Manager shall bring forth a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary documentation to facilitate those contracts. If outside legal counsel is required due to a reason other than a conflict of interest affecting the City Attorney, the City Manager shall confer with the City Attorney regarding the hiring of Special Counsel.
Communications from the City Attorney’s Office may be confidential and shall be treated as attorney-client privilege. Only the City Council, as an entire body, may waive the privilege, and not individual Council Members.
During the normal course of a Council Member carrying out the duties of office, it is common practice to discuss issues or ask questions of city staff, including the City Attorney. For the purpose of this policy statement, the intent is to regulate an individual Council Member’s authority to cause work to be performed by the City Attorney.
6 When an individual Council Member poses a question to the City Attorney, the City Attorney shall estimate the amount of time required to answer the question. In the event the City Attorney believes the amount of time for research involved in answering the question will generate a bill in excess of $600.00, the City Attorney will notify the Council Member that the answer will exceed policy limitations. If the submitting Council Member continues to seek an answer to the question, the Council Member will pose the question to the Council, as a body, at a Council Meeting and must obtain a consensus of the majority of the Council Members present at the meeting in order for the City Attorney to work on the question.
Legal work involving questions or inquiries that require less than $2,500.00, per year, in billable hours by the City Attorney may be authorized by the submitting Council Member without the need of obtaining the Council’s approval.
Triangle of Policy, Process & Product
The City Council establishes the Policy—establishing vision and direction for the community’s future.
The City Clerk, in consultation with the City Attorney oversees the Process—ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.
The City Manager provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
Municipal Code
The Hanford Municipal Code sets forth the regulatory, penal and administrative laws of general application to the city. These laws are enforceable by the City, and violation constitutes a misdemeanor or infraction.
CITY COMMISSIONS
7 Appointments
The mayor, with the approval of the City Council, appoints citizens to various commissions that carry out designated functions and advise the City Council on certain decisions and policy matters. All members serve at the pleasure of the City Council for designated terms. The City Council may remove a member by a majority vote of the Council without cause, notice or hearing.
Members of the advisory bodies serve terms of four (4) years beginning in January. In no event shall any one member serve more than two consecutive terms on any one commission, exclusive of appointments to fill unexpired terms. After serving the maximum number of terms, an individual may not be reappointed to that commission for at least one year from the last date served.
Appointees to commissions should be 18 years of age or older and live within the city limits of Hanford. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public. Additional requirements may be applicable to a specific advisory bodies.
The following is a summary of the specific scope of responsibility for each city advisory body.
Planning Commission
The Planning Commission has the principal duty of establishing and maintaining the general plan of the community and advising on physical development, zoning, subdivision proposals, and special studies so that development values are maintained and protected.
Parks and Recreation Commission
The Parks and Recreation Commission's duties are to study and advise on matters pertaining to the city's public park and recreation programs.
Parking and Traffic Commission
The duties of the Parking and Traffic Commission are to investigate ways and means of improving parking and traffic movements and make appropriate recommendations.
MEETINGS AND OFFICERS
Agendas, Notices, and Minutes
8 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings.
Support staff for each advisory body shall be responsible for properly noticing and posting all regular, special, cancelled, and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested. An agenda generally consists of the following:
• Call to Order
• Citizen Comments
• Communications
• Consent Calendar
• General Business
• Items of Interest
• Adjournment
All items of business to be discussed at a meeting shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. If action is taken on any items that are not on the agenda or not noticed properly, those actions will not be valid.
Written minutes of all regular and special meetings must be kept as the official record of business transacted and are taken by the Secretary to the Advisory Body or a staff member if a Secretary is not appointed. Minutes should include a brief summary of any pertinent discussions and should contain mainly a record of the actions taken by the Advisory Body at the meeting. Minutes are approved at the next meeting of the Advisory Body and any corrections to the minutes may be made during the meeting and prior to the approval. Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted Records Retention Schedule.
Members should carefully read the agenda and all agenda materials in advance so that they can be prepared for the meeting and get clarification and answers to questions from staff if needed. They should come prepared with issues to raise on all sides of the matter under consideration. Members also need to review each agenda item ahead of the meeting to determine if they may have a potential or actual conflict due to property or monetary interests or for any other reason prescribed by law.
Conduct of Meetings and Parliamentary Procedures
9 Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow basic parliamentary procedures, similar to Rosenberg’s Rules of Order, but not exclusive thereto. A majority of members shall constitute a quorum and a quorum must be seated before meeting is called and an official action is taken. The Chair of each advisory body shall preside at all meetings and the Vice Chair shall assume the duties of the Chair when the Chair is absent.
Meeting Locations and Dates
Meetings may be held in the Council Chambers or other designated City facilities, as noticed. Regular meetings shall have a fixed date and time established by the Advisory Body or the City Council. Changes to the established regular dates and times are subject to approval by the City Council.
Selection of Chair and Vice Chair
The Chair and Vice Chair of each commission shall be selected in December of each year, by a majority of its members and shall serve for one year or until their successors are selected.
Other Rules and Regulations
Each Advisory Body may adopt other rules and procedures, as it feels necessary to accomplish its duties effectively and efficiently. Such rules are subject to Council approval before becoming effective and should not conflict with this Handbook, any rules or regulations related to the function or operation of the Advisory Body adopted by Council or contained in City Code.
Attendance
Members may be removed by the City Council if they have three (3) consecutive absences or attend less than 70% of the meetings unless extenuating circumstances apply and are noted for the record.
While it is expected that members be present at all meetings, the support staff or Chair should be notified if a member knows in advance that he/she will be absent.
Relationship to Council, Staff and Media
Advisory bodies should not become involved in the administrative or operational matters of city departments unless specifically provided in their prescribed powers and duties.
Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without specific approval of the City Council. City staff
10 assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Additional or other staff support may be provided upon a formal request to the City Council. The responsibility for setting policies for the City rests with the City’s duly elected representatives, the City Council.
Members should refer all media inquiries to city staff and not provide statements or positions on any issues on behalf of the City or the Advisory Body.
Public appearance and representation by members
When a member appears in a non-official, non-representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual, not as a member of a Commission. Conversely, when a member who is present at a Council meeting is asked to address the Council on a matter pertaining to his or her Commission, the member should represent the viewpoint of the particular body as a whole, not a personal opinion. If during a meeting, a member was directed by the body to attend another meeting to speak on their behalf, then that is permitted.
Members shall not act independently of their advisory board in conducting surveys, studies, or petitions, unless he or she is acting as an applicant or submitting a request as a citizen. Members shall not use their positions for personal interest and must recuse themselves if conflicts of interest arise.
Application and Selection Process
The application process begins when a vacancy occurs due to term expiration, resignation, removal, or death of a member of an Advisory Body. The application period will normally run for a period of _____weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Any candidate that wishes to be considered must fill out an application.
Applications are available from the City Clerk’s office. Applicants are required to complete and return the application form, along with any additional information they would like to transmit, by the given deadline. Applications sent by fax or email are accepted. Applications are kept on file for two years. The City Clerk shall notify members whose terms are about to expire whether or not they are eligible for reappointment. If reappointment is sought, the incumbent shall notify the City Clerk’s Office.
After the deadline for receipt of applications, the applications will be reviewed by the City Manager, and City Clerk shall schedule interviews. The applicant will be interviewed by the City Manager, Mayor, and the liaison of the advisory body. If there are no applications received by the deadline, the City Clerk will extend the application period for an indefinite period of time until sufficient applications are received. Following
11 an appointment, the City Clerk shall notify successful and unsuccessful applicants in writing.
Compensation
All members of an advisory body shall serve without compensation.
Qualifications
All members serve at the pleasure of the Council since the Council holds approval authority over the Mayor’s appointments.
Members must live within the City limits unless there are no candidates with the required expertise.
Reappointments, Resignations, Removals
Incumbents seeking a reappointment are required to notify the staff liaison of which will be transmitted to the City Clerk. The term limit is two (2) full consecutive terms, exclusive of appointments to fill an unexpired term. Resignations must be submitted in writing to the City Clerk, who will distribute copies to appropriate staff. The City Council may remove a member by a majority vote of the Council without cause, notice or hearing.
Term of Office
Unless specified otherwise, the term of office for members of all Commissions shall be four (4) years unless a resignation or a removal has taken place. The term of office for all members shall expire on December 31 of the 4th year. All current members of advisory boards will have their terms adjusted appropriately to expire on December
31.Terms are staggered to be overlapping four-year terms, so that not all terms expire in any one year. If a member resigns before the end of his/her term, a replacement serves out the remainder of that term.
Vacancies, New Terms and the Maddy Act
Vacancies are created due to resignations, removals or death. Vacancies are posted by the City Clerk. Whenever an unscheduled vacancy occurs on any Commission, a special vacancy notice shall be posted within 20 days after the vacancy occurs.
Appointments shall not be made for at least ten working days after posting of the notice (Government Code 54974).
Seats on a commission will also become available at the end of each term. On or before December 31 of each year, an appointment list of all regular advisory Boards, Commissions and Committees of the City Council shall be prepared by the City Clerk
12 and posted in the usual and customary location for posting City notices. This list is also available to the public (Government Code 54972, Maddy Act).
The Legislature established 54970 et seq. of the Government Code, also known as “The Maddy Act,” for the purpose of increasing public awareness of appointments to be made by any local government. To improve interest in serving, transparency in the process and provide the local appointive powers access to applicants otherwise untapped.
City of Hanford
Proclamation
Down Syndrome Awareness Month
WHEREAS, Down Syndrome Awareness Month is an important opportunity to raise public awareness of this common chromosomal disorder while celebrating the accomplishments and advocating acceptance for people with Down Syndrome; and
WHEREAS, The most common chromosomal condition, Down Syndrome results in an individual being born with an extra chromosome; and
WHEREAS, as of 2016, it was estimated that 1 in every 772 liveborn babies has Down syndrome, this means that there were about 5,100 babies with Down syndrome born annually in the U.S. in recent years; and
WHEREAS, People with Down Syndrome are capable of many of the same things as people without the disability, and this month helps Hanford to understand these individuals and increase opportunities for them; and
WHEREAS, During Down Syndrome Awareness Month, the City of Hanford recognizes the achievements and abilities of people with Down Syndrome and seeks to remove any stigma associated with the disability; now
NOW, THEREFORE, I, TRAVIS PADEN, Mayor of the City of Hanford, do hereby proclaim the month of October as "Down Syndrome Awareness Month" in our city.
We encourage all residents to participate in raising awareness, promoting understanding, and celebrate the achievements of individuals with Down Syndrome. Let us join together in building a more inclusive and compassionate community for all.
__________________________________
Travis Paden, Mayor
13.B.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Appointment of James Nelson to the Parking and Traffic Commissioner vacancy with a term ending on 12/31/2023
Recommendation: That the Mayor, with approval of the full City Council, appoint James Nelson to the Parking and Traffic Commission to fill the unscheduled vacancy on the Parking and Traffic Commission with an unexpired term ending 12/31/2023.
Background:
The Parking and Traffic Commission has one current vacancy with an unexpired term due to a resignation. Mr. James Nelson is currently the Alternate Commissioner on the Parking and Traffic Commission; he has expressed interest in the vacancy and would like to move from the alternate seat to fill the vacancy. Although this term expires on December 31, 2023, staff will bring back the recommendation to reappoint Mr. Nelson to serve a full term in January 2023.
Section 2.20.030 of the City of Hanford Municipal Code states that:
"Vacancies occurring due to resignation or other cause, shall be noticed as required by state law and appointment made by the mayor at the earliest date possible. All such appointments shall be approved by a majority of the members of the city council."
If the Council appoints Mr. Nelson to fill the unscheduled vacancy, the City Clerk will notice the vacancy for the Alternate Commissioner seat, and bring back staff's recommendation for the Council's approval.
ATTACHMENTS:
None
13.C.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Acceptance of an anonymous donation of Christmas and holiday decorations to enhance the Winter Wonderland event
RECOMMENDATION:
Recommendation: That the City Council, by motion, approve the acceptance of an anonymous donation of Christmas and holiday decorations.
Recommended Motion:
BACKGROUND:
During the week of September 11, 2023, staff was contacted by an individual interested in donating commercial-quality Christmas and holiday decorations to enhance the Winter Wonderland event.
Staff visited a warehouse filled with commercial holiday decorations, which included 20-25 lighted and decorated Christmas trees ranging from 8-12' in height, lighted ornamental reindeer, and large wreaths. The value of the decorations is estimated at $15,000-$25,000.
If accepted, the City would take possession of the decorations to enhance Civic Park during the Winter Wonderland event. The City has secured indoor storage space to house the ice rink components, which will save the City $40k per year on the transportation costs of the equipment.
That storage space would be ample enough to also accommodate the storage of these donated decorations.
FISCAL IMPACT:
ATTACHMENTS:
None
13.D.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Second Reading of Ordinance. 23-06, approving Prezone No. 0001-23. The project pertains to land proposed to be annexed, under Annexation 162, south of Hanford-Armona Road, east of 13th Avenue (APN 011-040-030).
RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance 23-06, approving Prezone 0001-23.
RECOMMENDED MOTION: I move to waive the second reading and adopt Ordinance 23-06, approving Prezone 0001-23.
BACKGROUND
On October 3, 2023, the City Council held a public hearing for Annexation 162, Prezone 0001-23, Tentative Tract 940, and Planned Unit Development 13-23. During the meeting, the City Council introduced the ordinance and waived the first reading on the proposed project.
Prezone 0001-23 is a request to pre-zone the Annexation 162 area as R-L-5 Low-Density Residential, in accordance with the General Plan designation for the area. The General Plan Designation for the area is Low-Density Residential with a “floating” Future Educational Facility.
The local school districts were contacted during consultation and did not indicate a need for the site as an educational facility site.
Figure 1: General Plan Designation
Figure 2: Prezone No. 0001-23
R-L-5 Low-Density Residential (outlined in bold)
All findings were made by the City Council in accordance with Section 17.86.030 of the Hanford Municipal Code.
In accordance with the Hanford Municipal Code Section 17.86.030, before a zone change may be approved, all of the following findings shall be made by the reviewing authority:
1. That the amendment is internally consistent with the goals, objectives, and policies of the General Plan and the Municipal Code.
Analysis: That Prezone No. 0001-23 is internally consistent with the goals, objectives, and policies of the General Plan, specifically consistent with Land Use Policies L15 and L17. The development proposed in the annexation area, under Tentative Tract 940, conforms with all regulations pertaining to the R-L-5 Low-Density Residential zone district, utilizing the small lot provisions set forth in Section
17.10.100, except where deviation is sought through Planned Unit Development 13-23.
2. That the amendment would not be detrimental to the public health, safety, or welfare of the community.
Analysis: That this application has been reviewed by County departments, utility companies, City Fire Department, City Building Department, and other involved departments. Any mitigation required for public health and safety were applied to the proposal and required in the mitigation monitoring and reporting program.
3. That the amendment would maintain the appropriate balance of land uses within the City.
Analysis: That jobs-housing balance is achieved by increasing opportunities for people to work and live in close proximity. The ratio is expressed as the number of jobs divided by the number of housing units. The jobs-housing balance is a general tool for analyzing where people work, where they live, and how effectively they can travel between the two. In the planning area, the existing jobs-housing balance ratio in 2013-2014 was 1.17. It is estimated that the implementation of the General Plan would increase the jobs-housing balance by 0.45 to 1.62, which would make the planning area a jobs-rich area. The prezone is considered an implementation of the General Plan, which designates the project site as Low-Density Residential with a “floating” Future Educational Facility designation, not required for this location.
4. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
Analysis: That the anticipated land uses on the subject site are low-density residential, as proposed under Tentative Tract 940 and Planned Unit Development No. 13-23, which are compatible with planned single-family residential developments in the surrounding area.
ATTACHMENTS:
1. Ordinance 23-06
CC Ordinance Prezone 0001-23, Page 1 of 3
ORDINANCE NO. 23-06
PREZONE NO. 0001-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HANFORD PREZONING
CERTAIN PROPERTY ADJACENT TO THE CITY OF HANFORD FROM COUNTY ZONING AL-10 LIMITED AGRICULTURE TO R-L-5 LOW-DENSITY RESIDENTIAL, IN ACCORDANCE WITH THE GENERAL PLAN. THE PROJECT IS LOCATED IN THE SOUTH OF HANFORD ARMONA ROAD, BETWEEN 12TH AND 13TH AVENUES (APN011-040-030) .
The City Council of the City of Hanford does ordain as follows:
Section 1: The followi ng described territory situated in the City of Hanford is hereby prezoned under the terms of Chapter 17.86 of the Hanford Municipal Code:
Annexation 162 filed by D.R. Horton
FRO
M: County zoning of AL-10 Limited Agriculture
TO: City zoning R-L-5 Low-Density Residential
On
property described as follows:
Al
l that certain real property, situate in the Northeast quarter of the Northwest quarter of Section 3 of Township 19 South, Range 21 East, Mount Diablo Base & Meridian, in the County of Kings, State of California, described as follows:
BE
GINNING at an angle point in the existing City Limit line of the City of Hanford, said point being the Southwest corner of the East 21.12 acres of the Northeast quarter of the Northwest quarter of said Section 3, and being on the North line of Parcel 2 of that Parcel Map recorded in Book 5 of Parcel Maps at Page 72, Kings County Records; thence
1. Nor
th 89°36’26” West, along the North line of said Parcel 2 and continuing along the North line of Parcel 1 of said Parcel Map, 707.68 feet, more or less, to the Northwest corner of said Parcel 1, being a point on the West line of the East half of said Northwest quarter of Section 3; thence
2. Nor
th 0°46’46” East, along said West line, 261.95 feet, more or less, to the Southeast corner of that parcel described in Doc. 2001999, Official Records of Kings County, being an angle point in said existing City Limit line; thence along said existing City Limit Line the following three (3) courses:
3. Nor
th 0°46’46” East, along said West line, 488.40 feet, more or less, to the Southwest corner of the North 819.06 feet of the Northeast quarter of the Northwest quarter of said Section 3; thence
4. Sout
h 89°24’13” East, along the South line of the North 819.06 feet of the Northeast quarter of the Northwest quarter of said Section 3, a distance of 707.66 feet, more or less, to the West line of the East 21.12 acres of said Northeast quarter; thence
5. Sout
h 0°46’46” West, along last said West line, 747.83 feet to the POINT OF BEGINNING conta
ining approximately 12.17 acres, as depicted in attached Exhibit A; and Sec
tion 2: The Council does hereby find as a fact that this Ordinance has been recommended for passage by the Planning Commission of the City of Hanford after public hearing before the Planning
CC Ordinance Prezone 0001-23, Page 2 of 3
Commission after notice required by Section 17.70.100 of the Hanford Municipal Code and Government Code Section 65854. The City Council finds that Mitigated Negative Declaration No. 2023-95 is approved, in conformance with the California Environmental Quality Act. The City Council hereby finds that the prezoning is required to achieve the objectives of the zoning regulations as set forth in Section 17.06.010 of the Hanford Municipal Code, an d that this Ordinance has been introduced by the City Council after public hearing held on the 3
rd day of October, 2023 at 7:00 p.m. of said day after notice required under the provisions of Section 65856 of the Government Code.
Section 3: This Ordinance shall take effect thirty (30) days after its passage, and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage, and the zoning will apply to such property in the event of subsequent annexation to the City under the provisions of Section 65859 of the Government Code.
Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of ________, by the following roll call vote:
ATTEST:
Natalie Corral
APPROVED
_________________________
MAYOR of the City of Hanford
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 ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the 3 rd day of October, 2023 and it was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the _______ day of ______________, 2023.
Dated: _____________________ _____________________________
Natalie Corral
City Clerk
CC Ordinance Prezone 0001-23, Page 3 of 3
Exhibit A
Prezone No. 0001-23
Prezone 0001-23
Proposed: R-L-5 Low-Density Residential (property outlined in bold)
13.E.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Notice of Completion for the FY 23 Manhole and Valve Cover Adjustment Project, for a final contract price of $189,964.95 and authorization for the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
RECOMMENDATION:
That the City Council, by motion, approve the Notice of Completion for the FY 23 Manhole and Valve Cover Adjustment Project and authorize the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
BACKGROUND:
On April 4, 2023, Council authorized Permission to Advertise along with authorization to pre-award the FY 23 Manhole and Valve Cover Adjustment Project, to the qualified low bidder, J.L Plank Inc. dba Cen-Cal Construction of Bakersfield, Ca, whose bid came in under the project budgeted amount.
The project consisted of raising manholes & valves after the Double Fiberized Micro Surface Pavement Treatment on 11th Avenue between Fargo Avenue and Flint Avenue, and Hanford Armona Road between 11th Avenue and 12th Avenue.
There were (2) contract change orders on this project, which included Extended project limits on 11th Ave from Furlong Ave to Flint Ave, for a net increase of $2,654.95 and Balance of Quantities for a net decrease of -$24,840.00
FISCAL IMPACT:
The FY23 Capital improvement budget provides $843,202.00 for construction, including contingencies for both FY 23 Manhole and Valve Cover Adjustment Project and FY 23 Double Fiberized Micro Surface Treatment Project.
The total cost to complete the project was $189,964.95 Attached are the Final Project Construction and Finance History for Council review.
ATTACHMENTS:
1. Financial History - MH & Valve Adjustment
2. NOC - Recording Original - MH and Valve Adjustment
3. NOC - Recording Original - MH and Valve Adjustment
FINAL PROJECT CONSTRUCTION AND FINANCE HISTORY
PROJECT:
FY 23 Manhole and Valve Cover Adjustment Project
CONTRACTOR: J.L Plank Inc. dba Cen-Cal Construction
34762 Lencioni Avenue
Bakersfield, CA 93308
CONTRACT DATES: Bid Date May 16, 2023
Council Award May 16, 2023
Contractor Started Work August 7, 2023
Contract Time of Completion September 6, 2023
Contractor Completed Work September 6, 2023
CONTRACT CHANGE ORDERS:
• Change Order No. 1 – Extended project limits on 11th Ave from Furlong Ave to Flint Ave For a net increase of $2,654.95.
• Change Order No. 2 – Balance of Quantities for a net decrease of -$24,840.00
FINANCIAL HISTORY:
SOURCE OF BUDGET FUNDING
AMOUNT
FY23 Capital Improvements Program Budget $ 935,000.00
Total Budget Funding for FY 23 Manhole and Valve Cover Adjustment Project and FY 23 Double Fiberized Micro Surface Treatment Project
$ 935,000.00
CONSTRUCTION COSTS
Contract – Total Bid Award $ 212,150.00
CCO #1 $ 2,654.95
CCO #2 -$ 24,840.00
Total Construction Cost $ 189,964.95
Fund Balance $ 745,035.05
RECORDING REQUESTED BY:
CITY OF HANFORD
When recorded return to:
City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951
G.C. 27361.3 - Fee NIL
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED AS FOLLOWS:
1. The work of Improvement is located at: various locations within paved streets and intersections, in Hanford CA.
2. The Improvement is particularly described as: FY 23 Manhole and Valve Cover Adjustment Project
3. The date of completion of the work of Improvement: September 6, 2023.
4. The Owner of the work of Improvement: City of Hanford.
5. The nature of the owner’s interest or estate: Fee Simple Title.
6. The name of the original contractor for the work of Improvement:
J.L Plank Inc. dba Cen-Cal Construction.
7. The surety for the work of Improvement: Developers Surety and Indemnity Company
8. All work for this project has been completed.
9. Accepted by minute action of the City Council of the City of Hanford on: October 17, 2023
I certify under penalty of perjury that the foregoing is true and correct.
Dated this 17th day of October, 2023.
BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Hanford, California, this ____ day of ___________, 2023.
BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California
Authority: Section 1181 Civil Code
13.F.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Notice of Completion for the FY 23 Sanitary Sewer Manhole Repair and Recoating Project, for a final contract price of $118,763.56, and authorization for the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
RECOMMENDATION:
That the City Council, by motion, approve the attached Notice of Completion for the FY 23 Sanitary Sewer Manhole Repair and Recoating Project and authorize the Mayor to execute and the City Clerk to attest and file said Notice with Kings County Recorder’s Office.
BACKGROUND:
On June 6, 2023, Council approved the award of a the FY23 Sanitary Sewer Manhole Repair and Recoating Project to Sancon Technologies of Huntington Beach, CA, for a low bid of $115,245.00.
The project consisted of repairs and coating of damaged sanitary sewer manholes where corrosion was affecting concrete surfaces in the manholes.
There was (1) contract change order on this project, which included reconstructing a blown-out manhole, and exchanging the locations of six manholes identified in the original bid, for a net increase cost of $3,518.56.
A copy of the Final Project Construction and Finance History is attached.
FISCAL IMPACT:
The FY23 Wastewater Capital Budget provided $115,245.00 for the FY23 Sanitary Sewer Manhole Repair and Recoating Project, without contingencies.
The total cost to complete the project was $118,763.56. Attached are the Final Project Construction and Finance History for Council review.
ATTACHMENTS:
1. SSMH Repair - Finance History
2. NOC - Recording Original - SSMH Repair
3. NOC - Recording Original - SSMH Repair
FINAL PROJECT CONSTRUCTION AND FINANCE HISTORY
PROJECT:
FY 23 Sanitary Sewer Manhole Repair and Recoating Project
CONTRACTOR: Sancon Technologies, Inc.
5841 Engineer Drive
Huntington Beach, CA 92649
CONTRACT DATES: Bid Date May 16, 2023
Council Award June 6, 2023
Contractor Started Work July 31, 2023
Contract Time of Completion August 30, 2023
Contractor Completed Work August 30, 2023
CONTRACT CHANGE ORDERS:
• Change Order No. 1 – Force Account work to repair a blown out manhole. ($3,518.56). Change the location of six manholes from the bid documents to new locations based on the extended damage and repairs needed for the selected locations. (No increase.) For a net increase of $3,518.56.
FINANCIAL HISTORY:
SOURCE OF BUDGET FUNDING
AMOUNT
Wastewater Capital $ 115,245.00
Total Budget Funding $ 115,245.00
CONSTRUCTION COSTS
Contract – Total Bid Award $ 115,245.00
CCO #1 $ 3,518.56
Total Construction Cost $ 118,763.56
Fund Balance $ - 3,518.56
RECORDING REQUESTED BY:
CITY OF HANFORD
When recorded return to:
City Clerk
City of Hanford
315 North Douty Street
Hanford, California 93230-3951
G.C. 27361.3 - Fee NIL
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED AS FOLLOWS:
1. The work of Improvement is located at: various locations within paved streets and intersections, in Hanford CA.
2. The Improvement is particularly described as: FY23 Sanitary Sewer Manhole Repair and Recoating Project
3. The date of completion of the work of Improvement: August 30, 2023.
4. The Owner of the work of Improvement: City of Hanford.
5. The nature of the owner’s interest or estate: Fee Simple Title.
6. The name of the original contractor for the work of Improvement:
Sancon Technologies, Inc.
7. The surety for the work of Improvement: Old Republic Surety Company
8. All work for this project has been completed.
9. Accepted by minute action of the City Council of the City of Hanford on: October 17, 2023
I certify under penalty of perjury that the foregoing is true and correct.
Dated this 17th day of October, 2023.
BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Hanford, California, this ____ day of ___________, 2023.
BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California
Authority: Section 1181 Civil Code
13.G.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of an Addendum to the existing contract, between Hanford Joint Union High School District and the City of Hanford, outlining specific coverage and overtime compensation for the School Resources Officer Program (SRO) Contract to cover school events
RECOMMENDATION:
Recommendation: That the Council, by motion, approve the addendum to the 2023-2024 HJUHSD SRO contract outlining SRO coverage for specific school events which will be included in the existing contract, and requiring the district to pay an hourly rate of $81.75 for any additional overtime requests.
Recommended Motion: I move to approve the Addendum to the contract between the City of Hanford and Hanford Joint Union High School District, which allows the City of Hanford to bill the district $81.75 per hour for SRO overtime services outside of the specific events outlined in the addendum.
BACKGROUND:
The Council previously approved the SRO contract between the City of Hanford and the HJUHS District on August 15, 2023. The original contract placed the responsibility for all incurred overtime costs on the City of Hanford. At the time, the Council approved the contract but directed staff to negotiate with the district regarding overtime costs. The attached addendum allows for overtime coverage for football and basketball games, prom, and graduations at the expense of the City. Any additional overtime requests made by the school district would be paid for by the district at the rate of $81.75 per officer, per hour. In the past, requests for additional overtime were considered on a case- by-case basis.
Covering overtime for the above-mentioned events would result in approximately $55,000 in overtime expenditures by the City of Hanford. The current budget for this expense is $70,000. Approving these four areas of overtime coverage would allow the SRO unit to maintain the services we have historically contracted with the district for, while remaining under budget.
The SRO contract signifies a partnership between the school district and the Police Department, which requires both to give and take. There are often times when School Resource Officers are unavailable due to being assigned to training, personal illness, or other scheduled time off. The school district is aware of this and does not request a refund from the police department due to the absence of services during these times. The amount of time that an SRO is away from the school for training and other purposes equates to approximately $66,800 dollars per year, conservatively. This number exceeds the $55,000.00 estimate for officers to attend the four types of events included in
the contract. Overall, should the city require the district to pay all overtime, it would also become necessary to refund the district for SRO absences. The tracking of exact costs between the school district and the City, would be time-consuming, difficult and costly in itself. The officers also develop valuable relationships with the students that are under their watch. The events listed do not just represent events that SRO's are needed at, but they represent events the officers want to be at, as they mentor and help these students be successful.
The HJUHSD has agreed to the terms of overtime costs being covered by the department for football, basketball, prom, and graduations. Anything outside of these events, which the school district would request overtime coverage for, would be billed to the district at the cost of $81.75 per hour, per officer. This covers total compensation for the officers at their overtime rate.
There are several other additions to the contract which were requested by the school district. These changes in the scope of service, training, and supervision, are purely operational, with no fiscal impact.
FISCAL IMPACT:
In the past, all SRO overtime was paid by the City of Hanford. This addendum will result in savings to the city, by specifically limiting events which will be covered at the City's expense. This will result in salary savings and benefit cost offset due to a portion of the overtime being paid by the school District.
ATTACHMENTS:
1. HJUHSD Contract ADDENDUM 2023-2024
HANFORD JOINT UNION HIGH SCHOOL DISTRICT
SCHOOL RESOURCE OFFICER PROGRAM
STARTING
FISCAL YEAR 2023-2024
ADDENDUM
Section 2.11 Scope of Service
The SRO will work to increase communication between law enforcement, students, school staff, and the community. The SRO will work to build positive working relationships with the school staff and parents. When appropriate, such as times in which school resumes after a break, communication to the public such as guidance and warnings should be a joint effort between the school district and HPD.
Section 7: Training and Supervision
The SRO shall receive SRO’s work assignments from the Department and shall be supervised in the performance of SRO’s duties by the Chief of the Department or designee. The Department shall be responsible for training the SRO according to applicable law enforcement standards. The Superintendent of the District or designee will provide the Chief of the Department with information to assist in evaluating the SRO. Any disciplinary problems or alleged improprieties involving the SRO shall be brought to the attention of the Chief of the Department or designee. Communication regarding evaluation input or disciplinary input from the district shall be in writing to the appropriate HPD lead. The School Resource Officers will be released to attend 40 hours of formal training related to investigator orientation and juvenile law enforcement each fiscal year. The department will be responsible for the officers’ travel, lodging and meals.
Section 11: Costs
In exchange for the provision of SRO services, the District shall pay the Department $98,000.00 annually per School Resource Officer for a total of $392,000 for four (4) Officers. SRO services during summer school may be provided to the district at a cost of $498.00 per officer, per day for the duration of the summer school session. Contracted days for summer school must be consecutive days.
Overtime expenditures for officers working specific school events will be covered by the Hanford Police Department. These events include Graduations, Prom, Home Football Games and Home Basketball Games. The District may contract with the Hanford Police Department for SRO services for additional school
events, other than those listed above, as necessary. For these additional services, the Hanford Police Department will charge the District an hourly rate of $81.75.
Official Requests for additional SRO coverage must be submitted to the SRO unit supervisor in writing.
In exchange for the Hanford Police Department covering the cost of overtime for specific school events as described above (Graduations, Prom, Football, Basketball) the District will not request a refund for services in the event a School Resource Officer is absent due to training, sickness, or other unforeseen circumstances. In the case of an absent SRO, all efforts will be made to have other SROs cover the absent SRO’s campus. In the event an SRO will require a long-term absence, another Officer will be assigned to temporarily cover their campus.
Contract extensions and inflation increases to SRO rates will be discussed annually in May.
The parties have executed this Agreement on the date written below.
Hanford Joint Union High School District
By: Date:
Victor Rosa
Superintendent
Hanford Police Department
By: Date:
Parker Sever, Chief of Police
City of Hanford
By: Date:
Mario Cifuentez, City Manager
14.A.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Public Hearing to accept comments regarding the adoption of the Resolution of Necessity 23-40 R for APN 001-040-015 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property for the widening of 12th Avenue by the City (the “Project”).
RECOMMENDATION:
Recommendation: That the City Council, by motion, adopt the Resolution of Necessity 23-40 R for APN 001-040-015 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property for the widening of 12th Avenue by the City (the “Project”).
Recommended Motion: I move to approve the Resolution of Necessity and that the City Attorney is authorized to begin the eminent domain process.
BACKGROUND:
The City Attorney set the October 17, 2023 meeting as the date for consideration of the Resolution of Necessity in connection with the Project.
The City desires to widen 12th Avenue to account for expansion to the South with future development and the widening of 12th Avenue would be a necessary safety improvement. The City desires to acquire a portion of the Property for this widening.
Negotiations with the property owner have not been successful. Although the property owner initially agreed upon a purchase price and the parties entered escrow, the property owner refused to provide permission for the escrow officer to contact lien holders on the property which was required to finalize the transaction.
In preparation for the acquisition of the needed properties, the City prepared an appraisal for the Property and made a statutory offer to the affected property owner. These steps were taken to ensure compliance with all applicable laws.
It is important to note that this hearing, by law, is not conducted to discuss or in any way address the compensation for the land that will be needed for completion of the Project. This hearing is held to have the Council make the necessary findings and establish by resolution the public necessity for the Project and consequently for the identified parcels needed to complete the project. Any public testimony or council discussion regarding the value of the properties would be inappropriate.
The attached Resolution of Necessity must be passed by a 2/3 vote of council (or 4 of 5 in favor) and
would authorize the City Attorney to initiate an Eminent Domain process, if necessary, to secure the parcels for the desired parking lot. Such process would require a complaint to be filed in Superior Court along with a deposit equal to the fair market value appraisal obtained by the City for the subject property. The total fair market value for the Property is $16,000.00. City would also request an order of immediate possession from the court, which would provide the City with the ability to take possession of the Property before the Eminent Domain court proceedings have been completed.
FISCAL IMPACT:
Fair market value as identified in the appraisal would be offered for the property.
ATTACHMENTS:
1. Delgado Resolution
2. Delgado Resolution Exhibits
RESOLUTION 23-40R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HANFORD APPROVING THE ACQUISITION OF AN
INTEREST IN PROPERTY FOR THE 12th AVENUE
WIDENING PROJECT
THE CITY COUNCIL OF THE CITY OF HANFORD (the “Council”), by vote of two thirds or more of its members, FINDS, DETERMINES, DECLARES AND RESOLVES as follows:
WHEREAS, the City of Hanford (the “City”) has adopted a project to widen and improve 12th Avenue south of Springcrest Street. The project will result in an additional travel lane, new curb, gutter, sidewalk, and street lighting improvements providing greater safety and convenience for the public (the “Project”); and
WHEREAS, the City intends to carry out and make effective the principal purpose pursuant to Code of Civil Procedure §1240.120(a), and in connection with the Project, acquire interest in certain real property more specifically described in Exhibit A to this resolution. The stated public use is a function of the City; and
WHEREAS, the City is authorized to acquire the interests in the property described in Exhibit A herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure §1230.010 et. seq. and pursuant to California Government Code §37350.5 and §38730 and Code of Civil Procedure §1240.125; and
WHEREAS, the interest in the property to be acquired consists of fee simple. The property to be acquired is described and shown in Exhibit A, attached hereto and incorporated herein by reference, together a map thereof; and,
WHEREAS, on September 18, 2023, there was mailed a “Notice of Intent” regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain (“Notice of Intent”) of the interest in the real property described in Exhibit A herein, which Notice of Intent is
attached hereto as Exhibit B and is incorporated herein by this reference. Said Notice of Intent was mailed to all persons whose names appear on the last equalized County Assessment Roll. Said Notice of Intent advised said persons of their right to be heard on the matter referred to therein on the date and at the time and place stated therein; and, WHEREAS, the hearing set out in said Notice of Intent was held on October 17, 2023 at the time and place stated herein, and all interested parties were given an opportunity to be heard following which the hearing was closed.
NOW, THEREFORE, based upon the evidence presented, this Council by vote of two- thirds or more of its members, further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The property described herein in Exhibit A is necessary for the Project.
4. The offer required by §7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code §7267.2(a).
5. All conditions and statutory requirements necessary to exercise the power of eminent domain (“the right to take”) to acquire the interest in the property described herein have been complied with by the City.
6. The City Attorney is hereby AUTHORIZED and EMPOWERED:
a. To acquire in the name of the City, by condemnation, the interest in the property described in Exhibit A, attached hereto and incorporated herein by this reference, in accordance with the provisions of the California Eminent Domain Law and the Constitution of California.
b. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit A herein.
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of the City such proceedings in the proper court as are necessary for such acquisition.
d. To deposit the probable amount of compensation, based on an appraisal, and if needed to apply to said court for an order permitting the City to take immediate possession and use of said property for said public uses and purposes.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Hanford at a special meeting thereof held on October 17, 2023, by the following vote:
COUNCIL MEMBERS: PADEN, MORROW, SHARP, MARTINEZ, KAIRIS AYES: ____________________________________________________________ NOES: ____________________________________________________________ ABSTAIN: ____________________________________________________________ ABSENT: ____________________________________________________________ _______________________________
NATALIE CORRAL
CITY CLERK
of the Council of the City of Hanford
APPROVED
_______________________________
TRAVIS PADEN
MAYOR of the City of Hanford
EXHIBIT B
GRISWOLD
LASALLE
COBB DOWD & GIN LLP
September 18, 2023
VIA CERTIFIED US MAIL
Arthur Delgado
11400 12th Ave
Hanford, CA 93230
Re: Offer for Purchase of Portion of 11400 12th Ave
Dear Arthur:
MEGAN N. DODD
Attorney at Law
[email protected]
559.584.6656
111 E 7th Street
Hanford, CA 93230
www.griswoldlasalle .com
Certified Article Number
SENDER'S RECORD
As you are aware, our office represents the City of Hanford which is in the process of widening 12th A venue. The City was in escrow to purchase the identified portion of your property when it was unable to close. This was due to your failure to authorize a lienholder to communicate with the City. This communication was necessary so that the title could be cleared on the portion of your property which the City was to purchase.
Since the escrow has failed to close, the City will now proceed with the eminent domain process. This letter shall serve as a formal offer to purchase the identified portion of your property as shown in the attached appraisal.
As shown in the attached appraisal, the portion of your property which the City is authorized to seize is valued at sixteen thousand dollars ($16,000.00). This is the City's current offer to purchase. The attached appraisal includes depictions and descriptions of the portion of your property the City is offering to purchase which includes 3,138 square feet.
Also enclosed is a brochure on the eminent domain process and your rights as a property owner. Please contact our office no later than September 30, 2023 to discuss the offer to purchase.
If we do not hear from you on or before that date, the City will proceed with the eminent domain process.
Enclosure
MND\sv
cc: client
Lyman D. Griswold
(1914-2000)
Sincerely,
Michael E. LaSalle
(Retired)
GRISWOLD, LaSALLE, COBB,
DOWD & GIN, LLP
'
By: _----,- .,...-+--+--Hri:-ft:7- +--'1 ........-1+---i f----"" .J
Steven W. Cobb
(1947-1993)
Jim D. Lee
(Retired)
ARTHUR DELGADO PROPERTY
Partial Takings for the
12th Avenue Widening Project
11400 12th Avenue
Hanford, California
Date of Value:
April 21, 2023
Client:
City of Hanford
.. • I I • ,
Real Property Valuation
~~ Hop~~ ~any
April 26, 2023
Taylor Dihel, P.E.
Associate Civil Engineer
City of Hanford
900 South 10th Avenue
Hanford, California 93230
RE: Appraisal of partial taking from the Arthur Delgado property in Hanford, California.
Our file no. 23-027.
Dear Mr. Dihel:
In accordance with our agreement, I am pleased to transmit the attached appraisal report. I have personally inspected and appraised the residential property located at 11400 12th Avenue, in Hanford, California. The property is owned by Arthur E. Delgado and consists of a single-family residence that is situated on a 1.00-acre homesite.
The City of Hanford is planning for the 12th Avenue Widening Project, which will improve traffic flow capacity and safety by providing an additional travel lane and installing curb, gutter, sidewalk, and street lighting improvements along 12th Avenue south of Springcrest Street. As part of the project, partial acquisitions of permanent road right-of-way in fee title and the underlying fee interest in an existing road easement are needed from the subject property.
The attached appraisal of the real property has been prepared to assist the City in determining the just compensation to be paid to the property owner for the partial takings. The City of Hanford is the client for this assignment and they have ordered the appraisal.
The purpose of the appraisal is to provide an opinion of the fair market value of the fee and underlying fee interests to be taken along with any net severance damages to the remainder resulting from the partial acquisitions and the construction and use of the project in the manner proposed. The specific definitions of these terms are contained within the attached appraisal report. This is a current value opinion with an effective date of April 21, 2023, which is when the property was inspected by the appraiser.
In conclusion, it is my opinion that the fair market value of the parts taken along with any net severance damages as of April 21, 2023 is:
Fair Market Value of Ta kings
Net Severance Damages to the Remainder
Final Total Value Opinion
+
Rounded to
1005 N. Demaree St. • Visalia, CA 93291 • Phone (559) 733-1230 • www .hopperco.com $15,785
$200
$15,985
$16.000
Hopper Company
This opinion of value has been arrived at using the State Rule of appraisal for partial takings. The attached appraisal report details the various steps and procedures that are used to arrive at the value conclusions.
It is the appraiser's intent that the value conclusions and the appraisal report will be used by the City of Hanford only for purposes of assisting in the determination of just compensation for the partial takings.
Any reader of the attached report is cautioned to understand the limited purpose for which it has been prepared. Reliance upon the information, data, or conclusions indicated within the report by anyone other than the client, or for any reason other than the stated intended use, is inappropriate and could be misunderstood . This letter is intended only to transmit the attached appraisal report and should not be considered the report itself.
Thank you for this appraisal assignment. If you have any questions regarding it, please feel free to contact me.
Sincerely,
/J/1,,
Keith J. Hopper, MAI, R/W-AC, AI-GRS
CA #AG002559 (expires 10/4/2024)
2
Appraisal Report - Partial Taking of Delgado Property, Hanford
TABLE OF CONTENTS
Introduction to the Appraisal
• The Appraisal Problem ........................... ................................................................................... 1 • Definitions of Terms .................................................................................................................. 2 • Scope of Work in the Appraisal ................................................................................................. 5 • Effective Date of Value and Appraisal Report ........................................................................... 7 • Assumptions and Limiting Conditions ....................................................................................... 7 • Certification of the Appraisal ................................. ................................................................. 11 Area and Project Information
• Regional Area Information ...................................................................................................... 13 City Location Map ............................................................................................................. 17 • Neighborhood Area lnformation ............................................................................................. 18 Neighborhood Area Map .................................................................................................. 21 • Proposed Project Information ................................................................................................. 22 Proposed Project Plan ....................................................................................................... 23 Subject Property Description and Analysis
•
•
•
•
•
•
•
Larger Parcel Identification ..................................................................................................... 25 Property Ownership .................................................. ........................................................ 25 Ownership and Sales History ............................................................................................ 25 Legal Description and Street Address ............................................................................... 25 Larger Parcel Description ....................................................................................................... . 26 Site Description ................................................................................................................. 26 Improvements Description ............................................. ............................... ................... 26 Assessor's Parcel Map ....................................................................................................... 28 Aerial Photograph ............................................................................................................. 29 Photographs of the Larger Parcel ..................................................................................... 30 Zoning & Property Restrictions ............................................................................................... 32 Highest & Best Use of the Larger Parcel. ................................................................................. 34 Partial Acquisition Description ................................................................................................ 35 Permanent Right-of-Way Taking .................................................................... ................... 35 Underlying Fee Taking ...................................................................................................... 35 Construction Contract Work ............................................................................................. 36 Plat of the Takings ............................................................................................................. 37 Photographs of the Takings ........................................................................................... ... 38 Analysis of the Remainder ....................................................................................................... 39 Highest & Best Use of the Remainder ..................................................................................... 39 Property Valuation
• Method of Valuation .............................. ................................................................................. 41 • Value of Larger Parcel Before the Takings .............................................................................. 42 Land Valuation ............................................................................................... ................... 42
Appraisal Report - Partial Taking of Delgado Property, Hanford ii Improvement Valuation ................................... ............................................... .................. 45 Total Value for the Larger Parcel .................................................... ............... ................ ... 46 • Value of Parts Taken .............................. ............................................... ................ ............... .... 47 • Value of Remainder as Part of Whole ....................................................................... .............. 47 • Severance Damages to the Remainder ................................................. .................................. 48 • Benefits to the Remainder ...................................................................................................... 49 • Final Total Value Opinion .................................................................................................... .... 49 • Summary of Value Conclusions ..................... .......................................................................... 50 Addenda
• Qualifications of the Appraiser ................................................................ ~••u•u••······················ 52
INTRODUCTION TO
THE APPRAISAL
~• - = - I I '·
' -
Real Property Valuation
Appraisal Report- Partial Taking of Delgado Property, Hanford
THE APPRAISAL PROBLEM
The subject of this appraisal is a residential property that is located along the west side of 12th Avenue, south of Springcrest Street, in Hanford, California. The property is owned by Arthur E. Delgado and it consists of a single-family residence that is situated on a 1.00-acre parcel.
Some of 12th Avenue between Hanford-Armona Road and Hume Avenue has already been fully improved and the street has two travel lanes that are separated by a raised median, but other sections on the west side of 12th Avenue to the south of Springcrest Street have not yet been completed. The City of Hanford plans to convert this roadway segment to a four-lane street and they are now undertaking the 12th Avenue Widening Project to complete the needed roadway construction.
To help facilitate the project, partial acquisitions of permanent road right-of-way in fee title and the underlying fee interest in an existing road easement are needed from the subject property. The City of Hanford needs an appraisal of the real property to assist in determining the just compensation to be paid to the property owner for these partial takings. The client for the assignment is the City of Hanford and they have ordered this appraisal. No other intended users or uses of the appraisal have been identified.
The purpose of the appraisal is to provide an opinion of the fair market value of the fee and underlying fee interests to be taken along with any net severance damages to the remainder resulting from the partial acquisitions and the construction and use of the project in the manner proposed. This is a current value opinion with an effective date of April 21, 2023, which is when the property was inspected by the appraiser.
The appraisal has been prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, the Ethical Rules of the International Right of Way Association, the California Code of Civil Procedures dealing with Eminent Domain Law, the California Evidence Code, and applicable case law. The results of the appraisal are communicated in this Appraisal Report that provides a thorough presentation of the information impacting the value of the property.
The appraiser who has prepared and signed this appraisal report is competent to value this type of property and is qualified under the competency rule of the USPAP. No one else provided significant professional assistance to the person signing this report.
This appraisal report is a copyrighted work and neither all nor any part of this document may be copied, reproduced, transmitted, or incorporated into any information retrieval system in any form or by any means without the express written permission of the author. The information contained herein is intended for the exclusive use of the client and the other intended user that is identified in this report, and is to be used solely for the intended use that is stated. The Hopper Company retains all ownership of this work and the client and other intended users are simply granted a license to use the work for the intended use. © Copyright 2023 by the Hopper Company. All Rights Reserved. 1
Appraisal Report - Partial Taking of Delgado Property, Hanford
DEFINITIONS OF TERMS
The following terms are used throughout this appraisal report.
Appraisal: The act or process of developing an opinion of value; an opinion of value (noun). Of or pertaining to appraising and related functions such as appraisal practice or appraisal services (adjective). An appraisal is numerically expressed as a specific amount, as a range of numbers, or as a relationship (e.g., not more than, not less than) to a previous value opinion or numerical benchmark (e.g., assessed value, collateral value). (USPAP, Appraisal Foundation, 2020-21 edition, pg. 3).
Assignment: A valuation service that is provided by an appraiser as a consequence of an agreement with a client. (USPAP, Appraisal Foundation, 2020-21 edition, pg. 3).
Client: The party or parties (i.e., individual, group, or entity) who engage an appraiser by employment or contract in a specific assignment, whether directly or through an agent. (USPAP, Appraisal Foundation, 2020-21 edition, pg. 4).
Report: Any communication, written or oral, of an appraisal or appraisal review that is transmitted to the client or a party authorized by the client upon completion of an assignment. Two types of reports may be written under USPAP: Appraisal Report or Restricted Appraisal Report. (USPAP, Appraisal Foundation, 2020-21 edition, pg. 5).
Real Estate or Real Property: Real estate is an identified parcel or tract of land, including improvements, if any. Real property is the interests, benefits, and rights inherent in the ownership of real estate. (USPAP, Appraisal Foundation, 2020-21 edition, pg. 5).
Just Compensation: Article I, Section 19 of the California Constitution states that "private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner." Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken. (California Code of Civil Procedure, Section 1263.310).
Where the property acquired is part of a larger parcel, in addition to the compensation awarded for the part taken, compensation shall be awarded for the injury, if any, to the remainder. Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to the remainder equals or exceeds the amount of the damage to the remainder, such excess shall not be deducted from the compensation required to be awarded for the property taken. (California Code of Civil Procedure, Section 1263.410}.
Fair Market Value: The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 2
Appraisal Report - Partial Taking of Delgado Property, Hanford The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. (California Code of Civil Procedure, Section 1263.320).
The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any ofthe following: (a) the project for which the property is taken; (b) the eminent domain proceeding in which the property is taken; or (c) any preliminary actions of the plaintiff relating to the taking of the property. (California Code of Civil Procedure, Section 1263.330).
Fee Simple Interest: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 73).
Underlying Fee: The portion of ownership encumbered by a public road easement. Normally, the underlying fee is valued at $1 because the public has full control over the surface use and the only rights the underlying fee owner has is one of a reversion. (Right of Way Manual, Chapter 7 - Appraisals, California Department of Transportation, revised January 2019, sections 7.04.10.00 and
7.13.70.00 G(2)).
Partial Taking: The taking of part of a property for public use under the power of eminent domain; requires the payment of compensation. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 140).
Larger Parcel: In governmental land acquisitions and in valuation of charitable donations of partial interests in property such as easements, the tract or tracts of land that are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use. In most states, unity of ownership, contiguity, and unity of use are the three conditions that establish the larger parcel for the consideration of severance damages. In federal and some state cases, however, contiguity is sometimes subordinated to unitary use. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 105).
Part Taken: The portion of the larger parcel that is acquired. (Principles of Right of Way, 4th edition, International Right of Way Association, 2012, pg. 195).
Remainder: In eminent domain condemnation, that portion of a larger parcel remaining in the ownership of the property owner after a partial taking. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 161).
Right of Way: A right to pass over land in some particular path; a strip of land used as a transportation corridor, such as streets and roads, railways, and utility and fiber optic lines, and for other private or public transportation uses. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 167). The right to pass across the lands of another; land or property, or an interest in land or property, for transportation purposes (for example, roads, public transport, utilities, and so forth). (Principles of Right of Way, 4th edition, International Right of Way Association, 2012, pg. 364).
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Appraisal Report - Partial Taking of Delgado Property, Hanford Uneconomic Remnant: A remainder property of little value or use; the parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the Agency has determined has little or no value or utility to the owner. (Principles of Right of Way, 4th edition, International Right of Way Association, 2012, pg. 373).
State Rule: In condemnation, the process of determining just compensation by estimating the value of the portion to be acquired as part of the whole property plus the net damages; may be referred to as a taking plus damages. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 180).
Damages: Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following: (a) the severance of the remainder from the part taken; and/or (b) the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken. (California Code of Civil Procedure, Section 1263.420).
In condemnation, the loss in value to the remainder in a partial taking of property. Generally, the difference between the value of the whole property before the taking and the value of the remainder after the taking is the measure of the value of the part taken and the damages to the remainder. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 48). The loss in value to the remaining property as a result of a partial taking. (Principles of Right of Way, 4th edition, International Right of Way Association, 2012, pg. 194).
Benefits: Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken. (California Code of Civil Procedure, Section 1263.430).
In eminent domain valuation, the advantageous factors that arise from a public improvement for which private property has been taken. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 17). An increase in value to the remainder property subsequent to a taking for a public improvement . (Principles of Right of Way, 4th edition, International Right of Way Association, 2012, pg. 194).
Arm's Length Transaction: A transaction between unrelated parties who are each acting in his or her own best interest. ( The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 10).
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Appraisal Report- Partial Taking of Delgado Property, Hanford
SCOPE OF WORK IN THE APPRAISAL
The scope of work undertaken in this appraisal refers to the type and extent of research and analysis that is performed in answering the appraisal problem and completing the assignment. An appropriate scope of work is determined based on input from the client and it leads to credible assignment results as measured within the context of the intended use of the appraisal. The scope of work includes the degree to which the subject property is identified and inspected, the type of data that is sought and the level of research that is performed, and the type and extent of analyses that are applied to arrive at opinions and conclusions. Credible assignment results require support by relevant evidence and logic. (USPAP, Scope of Work Rule, Appraisal Foundation, 2020-21 edition, pgs. 13-14).
Subject Property Identification & Inspection
In this appraisal, the appraiser has sought to become as knowledgeable about the subject property and the market within which it operates as typical market participants would be. With this goal in mind, it is important to recognize that the appraisal is performed with a limited amount of data and that various legal, monetary, and time constraints may preclude the appraiser from making exhaustive investigations.
The following tasks and investigations have been performed:
• The assignment was ordered by Taylor Dihel, a professional engineer with the Public Works Department of the City of Hanford. He had previously ordered an appraisal of the property that was performed in July 2021, and he also ordered this appraisal as an update to that earlier assignment. He confirmed that no changes have been made to the project, its design, or the takings that are needed from the subject property.
• A personal inspection of the property was made by the appraiser on April 21, 2023. No one else was present for the inspection and the property was viewed from the public right-of-way.
Descriptions and photographs from the previous appraisal were reviewed to see if any significant changes to the property have occurred in the past two years. • The inspection also included a viewing of the proposed take areas. The inventory of improvements in the take areas that was previously compiled was also reviewed to see if any changes had taken place. Consideration was given to possible severance damages and/or benefits that would result from the takings and project construction and use. • An ownership history going back a minimum of five years is researched, including any available details of recent sales, listings, or offers to purchase. • Investigations were made into the applicable zoning and other land use restrictions impacting the use and development of the property.
Data Research
In an effort to properly understand the market in which the subject property operates, several additional steps have been taken:
• The surrounding neighborhood area has been visually inspected to identify existing land use patterns and trends, property conditions, potential market transactions, and other influences affecting the property.
5
Appraisal Report - Partial Taking of Delgado Property, Hanford • Demographic, regulatory, and economic data on the neighborhood, city, and region are collected from various governmental, Internet, and private sources to help in identifying trends that may be impacting the value of the property. • Specialized research is made into the unique characteristics of the property's market segment to better understand the forces and factors that influence value and the current conditions affecting supply and demand.
• Discussions are held with various market participants to gain insight into current market conditions and transactions.
• Detailed market data is gathered in the form of property sales and development cost information. Numerous sources of information are used to help identify this market data, including public document recordings, local multiple listing services, Internet resources and databanks, the appraiser's own files and databases, published construction cost sources, and contacts with active market participants.
Valuation Analysis
Once the necessary background information about the subject and its market area are gathered, the valuation analysis is performed. Because the procedures and methods used in valuing properties subject to possible condemnation are strictly governed and controlled by law and the courts, diligent efforts have been made to adhere to California Code of Civil Procedure Title 7, which is the Eminent Domain law, the California Evidence Code, and applicable case law that establishes precedents or rulings pertaining to various aspects of condemnation valuation. While the appraiser is not an attorney, numerous resources have been consulted and specialized appraisal training has been received in an attempt to adequately understand and properly apply the law as it pertains to the valuation of the subject property.
These steps are followed:
• The highest and best use of the property is analyzed. This analysis is based on logic, observed evidence, and the appraiser's experience in the local market. • The nine-step State Rule of appraisal for partial acquisitions is followed. In following this procedure, the sales comparison and cost approaches to value have been performed. • The results of the appraisal process are then communicated in this narrative-style Appraisal Report that provides a thorough presentation of the important facts and information having an impact on the value of the subject property.
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Appraisal Report - Partial Taking of Delgado Property, Hanford
EFFECTIVE DATE OF VALUE AND APPRAISAL REPORT
The effective date of value represents the point in time to which the appraisal analyses and opinions pertain, and in this report the date of value is April 21, 2023. This represents the date when the appraiser made a personal inspection of the subject property and all assumptions and analyses used in the appraisal are based upon valuing the property as of this point in time. The concluded values are current value estimates because the effective date is concurrent with the date that the appraisal report was prepared.
The date ofthe appraisal report is April 26, 2023. This is the point in time when the final value conclusions were established and the completed appraisal report was transmitted to the client. This date helps to establish the perspective of the appraiser in relation to the effective date of value.
ASSUMPTIONS AND LIMITING CONDITIONS
The assumptions and limiting conditions listed below are central to this appraisal. The list includes basic assumptions and limiting conditions that are typical of many appraisal assignments as well as any extraordinary assumptions or hypothetical conditions that are specific to the subject property and this assignment. This appraisal should only be relied upon within the context of these items.
Basic Assumptions
1. The information and data reported in this appraisal have been obtained from sources that are deemed to be reliable. They are believed to be correct, but cannot be guaranteed by the appraiser. Sources such as government agencies, financial institutions, attorneys, accountants, appraisers, brokers, and buyers and sellers are believed to be true and correct unless conflicting information is discovered through another source. In cases of conflicting information, only reasonable and verifiable data is used, however, no responsibility for the accuracy of such information is assumed by the appraiser.
2. It is assumed that all information provided by the property owner and any persons employed by them is accurate and complete. This would include information about the subject property's physical condition, current and past economic performance, lease agreements, condition of title, and any other items or details that could potentially impact the property's valuation.
3. The effective date of value that applies to the opinions expressed in this report is set forth in the appraisal. The appraiser assumes no responsibility for events, conditions, or circumstances that may subsequently arise and alter the economic or physical condition of the subject property and the opinions and conclusions stated herein.
4. No opinion as to title is rendered. Data on ownership and the legal description have been obtained from sources generally considered reliable. Title is assumed to be marketable and free and clear of all liens and encumbrances, easements, and restrictions except those specifically expressed in the report.
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Appraisal Report - Partial Taking of Delgado Property, Hanford
5. It is assumed that the property is in full compliance with all applicable zoning and use restrictions unless otherwise indicated in the report. It is further assumed that the property is in complete compliance with all federal , state, and local laws and regulations governing environmental issues, unless otherwise indicated.
6. The property is appraised assuming it to be under responsible ownership and competent management. It is assumed that all required licenses, consents, and other legislative or administrative authority have been or can be obtained for any use on which the value estimate contained in this report has been based.
7. No encroachment of real property improvements is known to exist, and it is assumed that the utilization of the land and any improvements is within the boundaries of the property lines of the property described in this report, unless otherwise indicated.
8. It is assumed, unless indicated to the contrary in this report, that there are no hidden or unapparent conditions of the property, subsoils, or any structures that would render it more or less valuable. No responsibility is assumed for such conditions, and any reports provided to the appraiser by experts in these matters are accepted as true and correct.
9. No opinion regarding the value of subsurface oil, gas, or mineral rights is expressed. The property is not believed to be encumbered by easements nor rights to surface entry for the exploration or removal of such materials unless expressly stated.
10. Unless otherwise stated in this report, the existence of hazardous material substances, including without limitation asbestos, polychlorinated biphenyls, urea-formaldehyde, foam insulation, petroleum leakage, agricultural chemicals, or other potentially hazardous materials, which may or may not be present on the subject property, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test or detect such substances. The presence of such hazardous substances may affect the value of the property. Unless otherwise indicated in the report, all values estimated in this appraisal are based on the assumption that no hazardous substances exist on or in the property or in such proximity to it that would cause a loss in value.
No responsibility is assumed for any hazardous substances or for any expertise or knowledge required to discover them. The client is urged to retain an expert in this field, if desired.
11. This appraisal report should not be considered an inspection report on the physical nature or condition of the property. The subject has been inspected on a casual level and no attempt beyond ordinary visual inspection has been made to determine the adequacy or condition of the property. The appraiser is not a construction, engineering, environmental, or legal expert, and any statements given on these matters should be considered preliminary in nature . It is assumed, unless otherwise noted, that all improvements meet applicable building codes.
Limiting Conditions
12. This appraisal is provided only for the purpose of property valuation and the appraiser is neither qualified nor attempting to go beyond that narrow scope. The reader should be aware that 8
Appraisal Report- Partial Taking of Delgado Property, Hanford there are inherent limitations to the accuracy of the information and analysis contained in this appraisal.
13. The liability of the appraiser and the Hopper Company is limited solely to the client and only to the amount of the fee actually paid for the appraisal services. Any third parties not identified as intended users who rely upon this appraisal, its facts, or conclusions, do so at their own risk and waive the right to bring any action, directly or indirectly, against the appraiser or firm.
14. The appraisal report is a technical document designed to serve the specific needs of the client and any other intended users that are specifically identified. Other.readers are cautioned that the report may not contain all of the information known by the appraiser concerning the subject property or the real estate market. While no factors considered to be significant have been knowingly withheld, there is a potential that information of importance to another reader may notbeincludedinthereport.
15. This appraisal is performed with a limited amount of data. These limitations arise from economic, physical, and legal constraints that prohibit the appraiser from making exhaustive investigations about the subject property, the real estate market, and the comparable data.
16. A reasonable attempt to gather, investigate, and verify the comparable data used in this appraisal is made by the appraiser consistent with the efforts typically made by other real estate professionals operating in the local market. However, the analyses and conclusions used in this appraisal are subject to the accuracy of such data.
17. No opinion is intended to be expressed for legal matters or that which requires specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers.
18. No engineering survey of the property has been made by the appraiser. Data relative to size, dimensions, and area are derived from sources deemed reliable. Maps, plats, and exhibits included in the report are for illustration only and should not be relied upon for any other purpose.
19. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the author, particularly as to the valuation conclusions, the identity of the appraiser or firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or AI-GRS designations.
20. Possession of this report or any copy thereof does not carry with it the right of publication, nor may the same be used for any purpose by anyone except the appraiser, without the previous written consent of the appraiser, and in any event, only in its entirety.
21. No right to expert testimony is included with this report and the fee for this appraisal does not include payment for pre-trial conferences, taking of depositions, exhibit preparation, expert witness fees, or other additional work beyond the initial scope of this assignment. If the appraiser is subsequently required to provide any such services, the client or party initiating the demand will be responsible for payment of expert fees associated with the time and effort needed to provide them.
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Appraisal Report - Partial Taking of Delgado Property, Hanford
22. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of the subject property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible non compliance with the requirements of ADA was not considered in estimating the value.
23. The age of any improvements to the subject property mentioned in this report should be considered an estimate based upon circumstantial, conversational, or documented evidence.
24. No separation of land and any improvement values may be used for any other purpose than that delineated elsewhere in this report.
Extraordinary Assumption
An extraordinary assumption is "an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis." (USPAP, Appraisal Foundation, 2020-21 edition, pg. 4). The use of one or more extraordinary assumptions may affect the assignment results.
25. Information about the proposed project and its improvements and use, as provided by the City of Hanford, is relied upon in analyzing the damages and/or benefits the project will have on the subject remainder property in its after condition. It is an extraordinary assumption that this project information is comprehensive and that no substantive changes to the project will be made after the date of this appraisal report that would have a material impact on the opinion of fair market value.
Hypothetical Condition
A hypothetical condition is "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis." (USPAP, Appraisal Foundation, 2020-21 edition, pg. 4). The use of one or more hypothetical conditions may affect the assignment results.
26. The valuation of the subject remainder property in its after condition is based on the hypothetical condition that the parts being taken have been severed from the larger parcel and the project has been constructed and is in use in the manner proposed as of the effective date of value for this appraisal.
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Appraisal Report - Partial Taking of Delgado Property, Hanford
CERTIFICATION OF THE APPRAISAL
I certify that, to the best of my knowledge and belief:
• The statements of fact contained in this report are true and correct . • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • I previously appraised the subject property in July 2021 for the City of Hanford as part of the same road project, and the client was aware of this prior work before my acceptance of this current assignment.
• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). • I have made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person signing this certification.
• The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
• As of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal Institute.
• I am competent to complete this appraisal assignment. Any steps necessary to achieve competency are disclosed in this report.
• This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.
Keith J. Hopper, MAI, R/W-AC, AI-GRS
CA #AG002559 (expires 10/4/2024)
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Appraisal Report - Partial Taking of Delgado Property, Hanford
REGIONAL AREA INFORMATION
The subject property is located in the city of Hanford, in Kings County, California. The County of Kings is one of eight counties comprising the southern San Joaquin Valley region of California, and it is made up Geography
of four incorporated cities and numerous smaller unincorporated communities. While the Valley has long been overshadowed by the major metropolitan areas of Southern California and the Bay Area, it is now the fastest growing section of California and is a rich agricultural region that is often referred to as the "bread basket of the world."
King County is central to all of California with Hanford being 200 miles north of Los Angeles and 210 miles south of San Francisco. It is also just 32 miles south of Fresno, one of the largest metropolitan areas in the San Joaquin Valley and the state's fifth largest city.
The geography of Kings County is largely flat and located on the valley floor. Elevations range from 175 feet above sea level at the Tulare Lake to 3,500 feet near the Kings/Monterey County line. The County encompasses 1,391.49 square miles of land area or nearly 890,798 acres, with farmland representing 818,082 acres or nearly 92% ofthe total land area.
The Tulare Lake basin was once the largest freshwater lake in the United States west of the Great Lakes, but in the late 19th century this land area was reclaimed with a series of dams and levees that have created a rich agricultural region. Kings County boasts an average growing season of 257 days with around 197 clear sunny days.1 Population Trends
While often viewed as the downtrodden sibling to California's coastal powers, the San Joaquin Valley has emerged as an area on the rise as it has outpaced the Bay Area and Southern California in both population and economic growth. Of the 20 fastest-growing counties in the state, twelve are in the Valley. While many Valley counties have strong birth rates, suggesting residents planting roots in the region are doing so to have children in a place that is far more affordable than the coastal counties, the Valley is also seeing an influx of new residents from other parts of the United States. At the same time, the Bay Area and Southern California are losing tens of thousands of residents to other parts of the state and country .
Kings County is a rather sparsely populated area, and as of January 2022 the population stood at 152,023 people or just 109 persons per square mile. The county grew by 964 residents or 0.6% in the past year, ranking it 33rd in size amongst California's 58 counties. Over the last ten years, the county's population has grown by just 1,877 people or 1.3% in total , and in some of these years there were declines. 1 Kings County General Information, Kings County Community Development Agency. 13
Appraisal Report - Partial Taking of Delgado Property, Hanford Hanford has generally done better than the county, although in 2021 the city lost 245 residents for a growth rate of -0.4%. In the past ten years, however, the city has added 3,525 people for total growth of
6.4% or a compounded annual rate of 0.6%.
Income & Cost of Living
The median per capita personal income in Kings County was $43,176 in 2021, which represents 4.3% annual growth. For the year, Kings County residents earned just 56.4% of California's statewide median personal income of $76,614.
While it is evident that Kings County and its communities are below the average effective incomes of California and the nation overall, this area is also somewhat lower with respect to the associated cost of living. As of March 2019, Hanford's cost of living index stood at 92.2. This is below the national average of 100.0 and other higher priced areas of California, like Los Angeles (145.8), San Francisco (174.3), Sacramento (101.9), and San Diego (140.3).
Economic Base
The economy in Kings County is dominated by agriculture and despite being only 33rd in population amongst California counties it ranked as the 8th most productive agricultural region in the state in 2021.
Annual production for the year was $2.343 billion, which is an increase of $163.668 million or 7.5% from the previous year. The largest crops include milk, pistachios, almonds, cotton, cattle and calves, tomatoes, corn, walnuts, livestock and poultry, and alfalfa.
Another significant contributor to the local economy is corrections. State prisons are located in Corcoran and Avenal along with a substance abuse treatment facility in Corcoran. These institutions combine to house nearly 14,000 inmates. There is also a state prison in nearby Coalinga, which is part of Fresno County, and it houses another 3,300 prisoners. Many of the officers and employees who staff these facilities along with their families live throughout Kings County and some families of inmates are also drawn to the area to live.
Yet another vital influence on the county's economy is the Naval Air Station at Lemoore, home to the Pacific Strike Fighter Wing. Commissioned in 1961, this is a strategic master jet station whose purpose is to provide aviation support to the Pacific Fleet. More than half of the Navy's F/A- 18E/F Super Hornet aircraft are stationed at the base, and it is the only Navy installation to house the F-35C Lightning II aircraft. In total, Lemoore NAS is home to six operational strike fighter squadrons, two fleet replacement squadrons, one search and rescue squadron, and four West Coast Carrier Air Wing Commands.
Some 210,000 flight operations occur each year. In 2019, the base generated $947 million in economic impact to Kings County and it provides nearly 8,500 jobs.
Indian gaming has also had a positive influence on the local economy and brought with it greater entertainment options for local residents. The 170-acre Santa Rosa Rancheria has been home to the Tachi Yokut Indians since 1934, but until the 1980s the reservation was a desolate area with limited farming opportunities and poor-quality housing. With the passage of the Indian Gaming Regulatory Act in 1988, the tribe began partnering with various casino management firms to open a bingo hall. The 14
Appraisal Report - Partial Taking of Delgado Property, Hanford success of that initial venture has grown exponentially since that time. Now, the tribe operates the Tachi Palace Casino Resort with a full casino, a 255-room hotel, a spa and fitness center, convention facilities, and an entertainment venue. The Tachi Palace employs over 800 people, many of whom are Native Americans.
Labor & Employment
Kings County had a labor force of approximately 58,500 people as of March 2023, with unemployment of
9. 7% for the month. This is somewhat higher than the previous month's jobless level of 9.4% and is also above the 8.2% rate seen one year ago. The county's unemployment rate spiked in April 2020 due to the outbreak of the COVID-19 pandemic, then showed solid improvement before bottoming out at 5.5% in September 2022. Since then, the employment picture has begun to change again and the jobless rate has been steadily moving higher as the economy struggles from higher interest rates, steep inflation, and a pending recession.
Hanford's labor force totaled 25,700 workers in March 2023 and unemployment stood at 8.2% for the month. This too is up from the previous month and year-ago levels. Major employers located in Hanford include the County of Kings, Adventist Health, the Hanford Elementary School District, Del Monte Foods, and Walmart .
Real Estate Market
The local real estate market has generally been on an upward trend for more than a decade with only periodic pauses in property value appreciation before resuming its push higher to historic value levels.
This trend seems to be shifting now, however, as sharp increases in mortgage interest rates, substantial inflation, and a cooling economy are putting the brakes on the real estate market.
According to the California Association of Realtors, over the past seventeen years the median price of existing homes in Kings County was at a low of $114,280 in July 2011 and it peaked at $381,500 in May 2022. However, over the last year home values have declined by $26,500 or -6.9% to a median value of just $355,000 in March 2023. Kings County now ranks fifth out of six southern San Joaquin Valley counties in median house price.
Another indicator of the health of the local housing market is the median number of days that homes are on the market prior to a sale. Over the past three years, Kings County saw exposure times go as low as 4 days and as high as 53 days, but as of March 2023 the timing stood at 18 days.
Much of the increase in home prices in recent years has been driven by an imbalance of supply and demand. In the midst of strong demand from homebuyers, there has been very little inventory of housing available for sale, which puts upward pressure on home prices. The unsold inventory index shows that Kings County had just 2.3 months of available housing supply in March 2023, well below the 6 to 7 months of supply that is indicative of a balanced market. Thus, while home prices are declining somewhat, a major correction is not expected to occur so long as homebuyer demand remains high.2 2 California Association of Realtors, www.car .org
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Appraisal Report - Partial Taking of Delgado Property, Hanford Conclusions
Kings County and the city of Hanford are rural areas located in the center of California's San Joaquin Valley agricultural region. While the region has experienced some annual declines in population, over the past decade it has expanded the number of residents somewhat, with the bulk of the population increase taking place in Hanford. The economy is largely based on agriculture, but prisons, the military, and Indian gaming help to provide some degree of diversification. Recently, the economy is showing weakness and the unemployment rate is rising. Higher mortgage interest rates have caused housing prices to drop somewhat, but there continues to be an imbalance of supply and demand, which is helping to mitigate home value declines to an extent.
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Appraisal Report- Partial Taking of Delgado Property, Hanford
NEIGHBORHOOD AREA INFORMATION
The neighborhood area where the subject property is located is part of the southwest section of Hanford, and it is on the leading edge of southwesterly urban development for the city.
Boundaries & Location
The boundaries that help to delineate the neighborhood are considered to be Hanford-Armona Road on the north, the Hume Avenue alignment on the south, 12th Avenue on the east, and the city limit line on the west.
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The neighborhood is just one-half mile south of Hanford's major retail district, which is centered around the intersection of 12th Avenue and Lacey Boulevard. This area is home to the Hanford Mall along with several shopping centers that are anchored by major retailers like Walmart, Target, Lowe's, and Home Depot. Hanford's primary medical district is also in this area and it is home to the modern Adventist Medical Center hospital.
As the county seat, Hanford is home to most of the departments and services provided by Kings County, many of which are located at the Government Center one mile to the north. Offices for County Planning, Recorder and Clerk, Assessor, Counsel, and Administration are here along with the Superior Courts.
Hanford's downtown central business district is just 1½ miles to the northeast. This is home to City Hall, the Civic Auditorium, the Fox Theatre, the financial district, and an older retail district. The industrial park 18
Appraisal Report- Partial Taking of Delgado Property, Hanford area of town is two miles to the southeast along Iona Avenue, and it is home to several large manufacturing plants, processing facilities, and industrial installations.
Land Use Trends
The entire neighborhood is within the Hanford city limits and land use is governed by the city. The vast majority of properties in this area are zoned for low-density single-family residential uses, and the primary land use in the neighborhood is residential in nature.
Urban residential development originally took place in the neighborhood in the 1960s and 1970s. The homes built in this era are situated at the northern end of the neighborhood and they typically range in size from 950 to 1,500 square feet with three or four bedrooms and two bathrooms. The houses are situated on lots of 5,000 to 8,500 square feet. These houses feature average quality construction and have been maintained in average to fair conditions.
More recently, homebuilding began again in earnest in the mid-2000s and since then a couple hundred new houses have been added to the neighborhood inventory. These homes tend to be somewhat larger at 1,500 to 2,000 square feet and they offer three or four bedrooms and two or three bathrooms.· The lots that they are situated on tend to be similar to those of the earlier homebuilding, however. Currently, there is one new subdivision that is now in the process of constructing its lots prior to home sales, and it will add 99 new houses once it builds out. This will effectively complete the urbanization of the neighborhood leaving little or no vacant land available.
A small number of rural homesites were developed prior to any urban encroachment into the neighborhood. These are generally older homes that are on 1.00 to 1.56-acre lots fronting on 12th Avenue.
There is also a single multifamily property in the area that offers nine units housed in one-story buildings, and it was built in 1962.
In the northeast corner of the neighborhood, near the intersection of 12th Avenue and Hanford-Armona Road, there is a small pocket of properties that are zoned for neighborhood commercial and public facilities uses. Much of the commercial land remains vacant and there is only an old, vacant retail building on one of the parcels. The public land is occupied by a new fire station that was built in recent years by the City of Hanford.
Property Value Trends
Property values in this neighborhood have tended to track the trends being seen throughout the larger Hanford market area. Residential properties have performed well in recent years, and despite a brief pause in the market in early 2020 when the COVID-19 pandemic hit, they have shown solid appreciation.
Over the past twelve months (April 2022 - April 2023), houses have been selling in a price range of $143,000 to $390,000 with a median sales price of $324,750. The average time on the market has been 17 days.
This compares with a price range of $198,900 to $388,000, a median price of $327,000, and an average marketing time of 16 days over the previous 12-month period (April 2021 - April 2022). So, property values and marketing times have changed very little in the past year. 19
Appraisal Report - Partial Taking of Delgado Property, Hanford Conclusions
In summary, the subject property is part of a largely residential neighborhood that is on the edge of southwest urban expansion for Hanford. While urban development began to occur nearly 60 years ago, the neighborhood has only in the last 15 years seen a renewed interest in homebuilding. Now, with the final new subdivision under construction, it is reasonable to expect that the area will reach full build out and urbanization in the next few years. Property values have fluctuated over the past two years, first rising higher until mid-2022 and since then falling back, and overall they have shown little change during this period.
20
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Appraisal Report - Partial Taking of Delgado Property, Hanford
PROPOSED PROJECT INFORMATION
12th Avenue is a major north-south arterial serving the city of Hanford, and as urban growth continues to occur south of State Route 198 this roadway is increasingly important for transporting residents who live in the area and the businesses that serve them. Currently, the segment of 12th Avenue between Hanford Armona Road and Hume Avenue supports about 7,000 vehicles per day. The street is built out on its east side and a raised center median separates the travel lanes. Portions of the west side are also completed, but the section situated to the south of Springcrest Street is only partially finished.
The City of Hanford plans to convert the entire street segment to a four-lane road, but additional widening of the roadway is necessary to eliminate a potential bottleneck in the area that is not built out. As a result, the city is undertaking the 12th Avenue Widening Project to complete the needed roadway construction.
The project is intended to improve traffic flow capacity and safety by providing an additional travel lane and installing curb, gutter, sidewalk, and street lighting improvements. These improvements will be made along the west side of 12th Avenue from Springcrest Street south for approximately 500 feet. Some of the needed right-of-way has previously been dedicated by developers, while additional right-of-way needs to be acquired from two properties. Further to the south, a new residential subdivision is now under construction and as part of that development, the homebuilder will complete 12th Avenue to Hume Avenue.
Along with the planned off-site improvements, the city will also install new drive approaches to replace existing points of vehicular entry. While the project will not extend new utilities into the area, water and sewer laterals will be stubbed to the property lines to allow owners to connect to these services in the future. Existing electrical poles that are placed in the right-of-way will be relocated and placed in the new sidewalk. Funding for the project is coming from local transportation impact fees and storm drainage, water, and wastewater system capital accounts.
22
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23
SUBJECT PROPERTY
DESCRIPTION AND
ANALYSIS
HopperCompany
Real Property Valuation
Appraisal Report - Partial Taking of Delgado Property, Hanford
LARGER PARCEL IDENTIFICATION
The larger parcel represents the whole property from which a portion is to be taken in a partial acquisition.
Properly identifying the larger parcel is an essential step in any appraisal involving a partial taking because it defines the scope of the assignment. The larger parcel may be all of one parcel, part of a parcel, or several parcels combined depending on the three unities of title, use, and contiguity. Unity of title refers to how ownership of the property is held, and it is usually required that the larger parcel be owned by the same individual or group of individuals. Unity of use implies that the parcel must be put to the same use or an integrated highest and best use with the property from which the partial acquisition will be taken.
Finally, contiguity typically means physical proximity, although in some instances an actual physical connection is not necessary. The following information pertains to and describes the larger parcel that has been identified as the subject of this appraisal.
Property Ownership
The subject property is owned by:
Arthur E. Delgado, a married man as his sole and separate property 11400 12th Avenue
Hanford, California 93230
Ownership and Sales History
Title to the subject property has been held by the current owner for many years and no sales have transacted in the past five-year period. The property is not currently listed for sale.
Legal Description and Street Address
The following legal description details the subject property.
The East 236 feet of the South 184.58 feet of the South half of the North half of the South 40 acres of the East half of the Northeast quarter of Section 3, Township 19 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Hanford, County of Kings, State of California, according to the Official Plat thereof.
The property is more commonly known by its street address:
11400 12t h Avenue
Hanford, California 93230
The subject is also identified as Kings County Assessor's Parcel Number :
APN 011-040-015
25
Appraisal Report - Partial Taking of Delgado Property , Hanford
LARGER PARCEL DESCRIPTION
The subject larger parcel property consists of a single parcel of land that is located on the west side of 12th Avenue, about 295 feet south of Springcrest Street, in Hanford, California. It is improved with a single family residence and related yard improvements. The property was originally used as a rural homesite, but it is now entirely within the city limits and surrounded by urban development.
Site Description
The land parcel is rectangular in shape and has an interior lot orientation. The dimensions include a north south width of 184.58 feet and an east-west depth of 236.00 feet, which provides a total gross land area of 43,561 square feet or 1.00 acre, more or less. The eastern 25.00 feet of the property are encumbered by an existing road easement for the current alignment of 12th Avenue, and this easement burdens 4,614 square feet of the parcel leaving 38,947 square feet of usable land area.
The site has a generally level topography that is at-grade with the height of the fronting street . Soil conditions are believed to be stable. Drainage of the site appears to be adequate with water allowed to percolate into the soil without significant runoff, but the property is not connected to the public storm drain system. The site is entirely within an 'X' flood zone, which is not a special flood hazard area that requires flood insurance.
The parcel is unfinished with no curb, gutter, sidewalk, or street light off-site improvements installed along its 12th Avenue frontage. The property also a small exposure along Summer Blossom Way near the parcel's northwest corner, and all off-site improvements are in place on this frontage even though access is not available from this street.
All public utilities are available in the immediate area, but the property currently only receives electricity from the Southern California Edison Company, natural gas from SoCalGas, and cable television from Comcast. An on-site domestic well and pump supplies water and a septic tank is used for sewage disposal.
The California GeoTracker website does not list the subject as having any known contamination, so it is assumed to be environmentally clean.
A preliminary title report prepared by Chicago Title Company dated October 24, 2019 has been reviewed and it identifies the following items of significance. Mention is made of a right-of-way for public road along the east boundary of the property, which is believed to be the current alignment of 12th Avenue. A deed of trust evidencing a loan in the original amount of $224,000 that is secured by the property was recorded in July 2005 on behalf of Provident Saving Bank. The interest in this loan was later transferred to U.S. Bank N.A. in August 2021, but the current status of this loan is unknown. The Controller for the State of California filed a lien against the property in January 2007 for postponed real property taxes, and in April 2012 Citibank, N.A. obtained a court judgement for a debt of $5,196.
Improvements Description
The single-family residence is a one-story house containing approximately 2,373 square feet of living space along with 1,031 square feet of attached storage space. An interior inspection of the house was not 26
Appraisal Report - Partial Taking of Delgado Property, Hanford allowed, but the owner reports that the floor plan includes three bedrooms, 1½ bathrooms, a living room, a dining room, a kitchen, and a laundry room.
The house is built atop a concrete perimeter foundation with a concrete slab floor. Exterior walls are framed with wood studs and the house is finished on the outside with stucco, while the storage building has wood siding. A gable-style roof covers the house and it is supported on wood trusses and finished with concrete tile roofing materials. Heating and cooling come from a roof-mounted dual pack unit. The house is also outfitted with a fireplace and a solar panel electric system.
Public records indicate that the house was built in 1953, which gives it a physical age of 70 years old.
Based on an exterior-only observation, the residence appears to be of average quality construction and it is judged to be in fair condition.
Various yard improvements are also placed around the house. A concrete driveway leads to a covered carport along the north side of the house and concrete walkways lead to the various entrances. A wood plank fence is placed across most of the north property line, while a concrete block wall stands on the west boundary. Landscaping in the front and backyard consists of various trees and shrubs, but no sprinklers are noticed. A recreational vehicle is placed in the backyard and is reportedly connected to some utilities, and it is surrounded by a small wood plank enclosure. 27
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Appraisal Report - Partial Taking of Delgado Property, Hanford 29
AERIAL PHOTOGRAPH
Appra isal Report - Partial Taking of Delgado Property, Hanford Street scene looking north along 12th Avenue.
The subject property is visible on the left side of the photograph.
View of the subject property looking southwest
across the 12th Avenue frontage.
30
Appraisal Report - Partial Taking of Delgado Property, Hanford View of the single-family residence and front yard
looking west across the 12th Avenue frontage.
View of the subject property looking northwest
from the southeast corner of the property along 12th Avenue. 31
Appraisal Report - Partial Taking of Delgado Property, Hanford
ZONING & PROPERTY RESTRICTIONS
The subject property is zoned R-L-5 by the City of Hanford as part of a low density residential district.
There are three subdistricts within the R-L designation and they differ primarily in the minimum lot size that they allow, with the R-L-5 zone having the smallest required lot size.
Land Use Restrictions
Uses that are permitted in the R-L-5 zone include single-family dwellings, buildings that are ancillary to the main residential use, guest houses, supportive or transitional housing, residential care facilities for up to six persons, day cares for up to eight children, employee housing for six or fewer employees, keeping of household pets, raising of fruit or vegetables, raising of horticultural specialties, parks or playgrounds, public schools, and storm drainage basins.
Other uses may also be allowed with a conditional use permit, such as assisted living or skilled nursing facilities, boarding houses, multifamily dwellings with between two and four units per building, recreational vehicle parks, residential care facilities for seven or more persons, community centers, day cares for over fourteen children, golf or country clubs, mini storage facilities, religious institutions, and private schools.
Development Standards
Along with the land use restrictions, the zoning ordinance also imposes certain development standards for properties in the R-L-5 zone. These include:
1. Lot area - minimum of 5,000 square feet. Lots of between 3,600 and 4,999 square feet may be allowed if additional conditions are met.
2. Lot dimensions:
a. Frontage - minimum of 40 feet.
b. Width - minimum of 50 feet for interior lots and 60 feet for corner lots. c. Depth - minimum of 90 feet.
3. Density - no more than one dwelling unit per lot is allowed , unless approved as an accessory use or accessory dwelling unit .
4. Lot coverage - the maximum lot coverage is determined by the combined building setback requirements, accessory structure limitations, and off-street parking requirements.
5. Building setbacks - no building may be placed within a building setback area, which include:
a. Front - 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable space.
b. Side - 5 feet from an interior side lot line and 10 feet from a street side property line. c. Rear - 15 feet from the rear lot line, except where there is a landscape easement with wall or fence on the rear of the lot and then 20 feet. The rear building setback is to be increased by 10 feet for buildings over one story in height.
6. Distance between structures - minimum of 10 feet.
7. Height of structures- maximum of 35 feet.
8. Accessory structures - maximum floor area of 120 square feet and must be setback at least 3 feet from side and rear lot lines and separated by at least 10 feet from other structures . 32
Appraisal Report - Partial Taking of Delgado Property, Hanford
9. Off-street parking - single-family dwellings are to have a minimum of one covered and one uncovered parking space. Parking spaces may not be provided in any building setback area.
Recreational vehicles, boats, and other similar vehicles may only be stored or parked within an enclosed side or rear yard, and they may not be used as a residence.
10. Open space - each lot is to have a minimum of 400 square feet of usable open space.
11. Landscaping - all yard areas that are visible from the street, except for driveways and approved parking areas, are to be landscaped.
Conclusions
The current use of the subject property as a single-family residence is permitted in the R-L-5 zone. The property also appears to meet most of the development standards, although it seems that a recreational vehicle is being occupied as a residence.
33
Appraisal Report - Partial Taking of Delgado Property, Hanford
HIGHEST & BEST USE OF LARGER PARCEL
The R-L-5 zoning that is applied to the property is primarily intended for single-family residential uses, although some other uses that are compatible with a residential district are also allowed. The physical characteristics of the parcel are well suited to supporting a residence due to the level topography, stable soils, good lot dimensions and shape, and the availability of public utilities. With one acre of land area, the parcel is larger than many residential lots that are found in the neighborhood, and along with a house the site is also big enough to support a day care, a residential care facility, or a small park. Local real estate market conditions have begun to change thanks to higher interest rates and a slowing economy, but there is still a good level of demand for housing and it is financially feasible to construct new homes at this time.
Therefore, the highest and best use ofthe land as though vacant is to construct a new single-family house on the site.
The existing use of the subject's building improvements as a house is allowed in the R-L-5 zone and the improvements appear to comply with the development standards. The house is about 70 years old and it is in fair condition, but it has not yet reached the end of its economic life. The structure and the associated yard improvements continue to contribute to the overall value of the property as a whole, and it is not ready for redevelopment yet. Thus, the highest and best use of the property as improved is to continue occupying it as a single-family residence.
34
Appraisal Report - Partial Taking of Delgado Property, Hanford
PARTIAL ACQUISITION DESCRIPTION
As part of the planned project, partial acquisitions are needed from the subject property for use as permanent right-of-way in fee title and the underlying fee in an existing road easement.
Permanent Right-Of-Way Taking
The right-of-way (ROW) take area is situated on the east side of the property fronting along 12th Avenue.
It is a rectangular-shaped strip that is 17 .00 feet deep and spans the entire 184.58-foot width of the parcel, and altogether it contains 3,138 square feet of land area.
There are a variety of yard improvements that are located within this take area, including a large mulberry tree, a small elm tree, a brick mailbox, a smaller mailbox on a wood post, a wooden gate, concrete driveway and walkway, and some gravel paving.
The following legal description of the ROW taking has been provided by the client:
A portion of the Northeast quarter of Section 3, Township 19 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Township Plats thereof, in the City of Hanford, County of Kings, State of California, more particularly described as follows:
The West 17 .00 feet of the East 42.00 feet of the South 184.58 feet of the East 236.00 feet of the South half of the North half of the South 40.00 acres of the East half of the Northeast quarter of said Section 3.
Underlying Fee Taking
The underlying fee (UF) taking parallels the ROW taking on its east side. This portion of the property has long been burdened by an existing easement for a road and it is currently being used as part of the 12th Avenue public street . As such, the larger property has effectively had little or no private use of this portion for many years.
This take area is also rectangular in shape. It is 25.00 feet in depth and extends for the full 184.58-foot width of the parcel, so it covers 4,614 square feet of land area. There are no privately-owned improvements that are situated in this area and it is fully improved with asphalt public street pavement and raised concrete median.
The legal description below details the UF taking:
A portion of the Northeast quarter of Section 3, Township 19 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Township Plats thereof , in the City of Hanford, County of Kings, State of California, more particularly described as follows:
The East 25.00 feet of the South 184.58 feet of the East 236.00 feet of the South half of the North half of the South 40.00 acres of the East half of the Northeast quarter of said Section 3. 35
Appraisal Report - Partial Taking of Delgado Property, Hanford Construction Contract Work
Sometimes it is necessary to do certain work\ either inside the right-of-way or on the owner's private property, in order to restore the utility and value of the remainder property, and this work may be most economically and/or practically performed by the project's contractor. This is known as construction contract work.
For the subject property, two concrete drive approaches will be installed to allow for vehicular access to the site. One will be 20 feet wide and placed in line with the existing driveway near the north end of the property, while the second will be 12 feet wide and situated at the south end of the property near where the wooden gate is now located. These approaches will be constructed so that they conform with the existing grade of the driveway and land.
36
Appra isal Report - Partial Taking of Delgado Property, Hanford ,--
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ZUMWALT Hanford, CA 93230
HANSEN ii Office: (559) ss2.1os6
ILANDUM!l'Oll8l Fax: (559) 584-4143
17' WIDE ACQUISlTION FOR
ROAD PURPOSES
for
THE CITY OF HANFORD
Job No. __ 07_69_2_14 __
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Checked By: __ R_R __
Indexed By: ___ _
Dale: 5/19/2021
PLAT OF THE TAKINGS
37 Shccl No.
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Appraisal Report - Partial Taking of Delgado Property, Hanford View looking south along the take areas
from the property's northern boundary.
View looking north along the take areas
from the property's southern boundary.
38
Appraisal Report- Partial Taking of Delgado Property, Hanford
ANALYSIS OF THE REMAINDER
In the after condition, the remainder property will be slightly smaller at 35,809 square feet, but this will all be usable land area with no portion burdened by the road easement any more, and the parcel will continue to exceed the minimum lot size specified in the R-L-5 zone. The property will still have a rectangular shape and an interior lot orientation. It will also have the same width with 184.58 feet of frontage along 12th Avenue, but the depth will be reduced to 194 feet. The frontage will now be fully finished with concrete curb, gutter, sidewalk, drive approaches, and street lights.
The only yard improvement that will be lost to the ROW taking and needs to be replaced is the mailbox on the wooden post. Little can be done to replace the large mulberry tree that shades the house and front yard. The wooden gate does not secure the property because there is no fencing or private road in this area of the site, so it does not need to be replaced.
The house will not be hit by the takings, but its setback from the front right-of-way line will be reduced to 20 feet. This is greater than the 15-foot front setback that the zoning ordinance requires, so no violation will be created. Within the 17 feet of new right-of-way, the city will leave 5 feet unused, then there will be a 5-foot-wide sidewalk and curb, followed by 7 feet of gutter and asphalt road pavement. Thus, the distance from the curb to the nearest living space in the house will be 30 feet .
To help assess the reasonableness of this setback, a survey is made of sixteen other residential properties that front along 12th Avenue between Springcrest Street and Woodland Drive, just to the north of the subject. Measurements are taken from the curb to the closest living space of each house (not the garages) to find out what is common for residential properties in this area. These distances range from 14' -0" to 46'-9" with a mean setback of 30'-2", a median setback of 31'-0", and a most frequent (mode) setback of 24'-0". The subject's expected distance of 30 feet is consistent with these setbacks, so it is concluded that the property will not be unusual or overly close to the wider street.
The project improvements are intended to improve traffic flow and safety. While this will be generally beneficial to properties in the area, the project is not likely to measurably increase the value of the subject remainder.
HIGHEST & BEST USE OF THE REMAINDER
No significant changes to the highest and best use of the remainder property are expected to result from the partial takings and project construction and use. The highest and best use ofthe land as though vacant will still be to construct a new house on the site. Also, the highest and best use of the property as improved will be to continue occupying it as a single-family residence. 39
PROPERTY
VALUATION
Real Property Valuation
Appraisal Report - Partial Taking of Delgado Property, Hanford
METHOD OF VALUATION
The purpose of this appraisal is to provide an opinion of the fair market value of the portions of the subject larger parcel that are to be taken, together with any net damages to the remainder property. This valuation will assist the client in determining the just compensation to be paid for the partial acquisitions.
In performing the valuation, a strict set of procedures known as the State Rule is used. In California, these procedures have been established as a means to facilitate proper and accurate estimates of value for compensation. The State Rule procedures encompass nine logical and progressive steps that lead to the appropriate value conclusions. These steps include:
1. Value of Larger Parcel Before the Taking $
2. Value of the Part Taken as a Part of the Whole - $
3. Value of the Remainder as a Part of the Whole = $
4. Value of the Remainder After the Taking Without Benefits -$ s. Severance Damages to the Remainder = $
6. Value of the Remainder After the Taking With Benefits $
7. Benefits to the Remainder (step 6 - step 4) $
8. Net Damages to the Remainder (step S - step 7) $
9. Total Just Compensation (step 2 + step 8) $
Steps 1 through 3 deal with the larger parcel in its condition prior to any influence or acquisitions by reason of the proposed project. Steps 4 and S focus on the property in its after condition once the part taken has been severed and the project constructed in an effort to determine any damages that are caused to the remainder. Steps 6 and 7 also value the remainder property in the after condition, but they are focused on any benefits that will accrue to the property due to the project. Step 8 compares the damages found in step S with the benefits derived in step 7 to provide an indication of any net severance damages that will remain once benefits are used as an offset. Finally, step 9 provides the total just compensation estimate for the partial taking by adding the value of the part taken to the net damages to the remainder .
Each of these steps and the valuation approaches they employ are outlined in detail in the following sections of this report. Traditionally, real property valuation revolves around three approaches to value:
the income capitalization, sales comparison, and cost approach. However, not all properties are well suited to the use of all three approaches and it may be impossible or inappropriate to use them all for certain properties. In this appraisal, the sales comparison and cost approaches are used to value the subject property, while the income capitalization approach is not applicable to the valuation of single family residences like this and is excluded.
In instances where the taking is somewhat nominal and there are neither significant damages nor benefits to the remainder property, often an abbreviated form of valuation known as a strip appraisal is used. In a strip appraisal, only those portions of the property that affect the proper estimate of compensation are valued. Such an appraisal is appropriate for pre-condemnation use and it is an acceptable method of valuation. The strip appraisal is well suited to this subject property and is utilized in this appraisal. 41
Appraisal Report - Partial Taking of Delgado Property, Hanford
VALUE OF LARGER PARCEL BEFORE THE TAKINGS
The subject larger parcel is valued using a combination of the sales comparison approach for the underlying land and the cost approach to determine the contribution of the improvements.
Land Valuation
The practice of making comparisons between the subject and the market in which it is located is central to all of the appraisal process, but in no method of valuation is this practice more prevalent than in the sales comparison approach. This approach is based on the principles of supply and demand, substitution, and balance, and these principles often lead market participants to value properties on the basis of the prices being paid for other similar and competing properties in the local market. On this basis, the sales comparison approach seeks to value the subject larger parcel by comparing it to recent sales of other land parcels that are similar in various ways.
Comparable Residential Lot Sales
The search for comparable residential lot sales for use in this appraisal began in the subject's neighborhood, but no useful data is found in this immediate area so the search is expanded to include the rest of Hanford and other areas on the outskirts of the city. Five data items are eventually selected for use in the appraisal and they are all closed sale transactions. These data items are referred to in this report as sale nos. 1 through 5. Each is described below along with a map showing their locations.
Sale no. 1 refers to a vacant land parcel that is located along the west side of 13th Avenue, south of Hanford-Armona Road, in an unincorporated area of Kings County. The property sits amongst rural homesites in an area just west of Hanford. The rectangular-shaped lot contains 44,431 square feet of land area. No curb and gutter off-site improvements are in place and public utilities are limited to natural gas and electricity, so a private well and septic system will need to be installed. The zoning is RRA by the County of Kings for rural residential uses at a very low density. The property was on the market for less than a month at an asking price of $85,000 before it sold in June 2022 at the full price. This is equal to $1.91 per square foot and the buyer paid all cash.
Sale no. 2 consists of a 16,200-square-foot lot that is situated on the west side of Phillips Street, south of Scott Street, in Hanford. The interior-oriented parcel has just 50 feet of width and it is finished with curb, gutter, and sidewalk along its street frontage. All public utilities are available to serve the property as well. It is zone R-M for medium density residential uses by the City of Hanford. The property was previously improved with an older house, but it burned down and allthat remained was the foundation.
A listing price of $59,900 was set when the property came to market, and it took only three weeks to find a buyer and close the sale. The sale occurred in June 2022 at a price of $53,000 all cash, which is equal to $3.27 per square foot.
Sale no. 3 is part of a new subdivision development known as Bridle Gate No. 2 that is located in a rural area to the west of Hanford. The subdivision features large lots that are suitable for custom-built homes, and this is the second phase of the project. This corner-oriented lot is located at the southeast corner of Peggy Drive and Lilly Way and it contains 46,174 square feet of land area. Curb and gutter off-sites are not required in the subdivision and none are installed along the parcel's two street frontages. Natural gas 42
Appraisal Report - Partial Taking of Delgado Property, Hanford and electricity are available at the lot line, but the buyer will have to install a private well and septic system. The zoning is RRE by the County of Kings for rural residential uses. The property was on the market for41 days at an asking price of $159,000 before selling in July 2022 at the full price. This translates to a unit price of $3.44 per square foot. The buyer is a local couple who paid all cash and they plan to construct a new home on the lot.
Sale no. 4 represents a vacant land parcel that is located along the east side of Irwin Street, north of Hanford-Armona Road, in Hanford. The property is part of a residential area of town and it is just north of Lincoln Elementary School. The parcel has an interior lot orientation and it contains 71,874 square feet of land area. Curb, gutter, and sidewalk are installed along the street frontage, with all public utilities readily available to serve the property. An R-M medium density residential zoning is applied by the City of Hanford. Previously, the property had an old house on the site, but the debris and concrete slab were removed after the residence burned down. It took five months to find a buyer after the land was listed for sale at an asking price of $200,000. The sale eventually closed escrow in July 2022 with the buyer paying $170,000 or $2.64 per square foot all cash.
Sale no. 5 is an irregularly-shaped property that is located on the south side of Thompson Drive, east of 11th Avenue, in Hanford. The property has a long narrow leg that stretches south from the street to the heart of the property, which is mostly situated behind older houses and apartments. The lot offers 23,778 square feet of land area and it is zoned R-M for medium density residential uses by the City of Hanford.
No curb and gutter off-sites are in place on the street frontage, but all public utilities are available. The property was listed for sale in November 2022 at $55,000, and the agent reports that multiple offers were received. Eventually, a buyer was chosen and the sale closed in December 2022 at a price of $50,000 or $2.10 per square foot all cash.
Land Sales Comparisons
These sales are evidence of local market conditions and pricing for properties such as the subject and they are useful in shedding light on the value of the property being appraised. In analyzing these sales consideration is given to various elements of comparison that market participants recognize as having an impact on the prices that are paid for this type of property. These elements may include the property rights conveyed, financing terms, conditions of sale, market conditions, location, zoning, parcel size, and other physical factors. While there can be an infinite number of variations between properties, the market typically is concerned with only a limited number of variables that are considered to be most influential.
The table below summarizes how each data item is compared to the subject. A"+" symbol is shown if the data item is inferior to the subject, a "-" is used if the sale is superior, and an "=" sign is indicated if the data item is generally comparable. Not all elements of comparison are weighted equally by the market, however; and in some instances, the magnitude of impact on the sale price may be greater than in other comparisons where the same symbol is used.
43
Appraisal Report - Partial Taking of Delgado Property, Hanford
LAND SALES COMPARISON GRID
Comparable Residential Lot Sales
Sale Sale Sale Sale Sale
No.1 No. 2 No. 3 No.4 No. 5
Location 13th Avenue Phillips St. Peggy Dr. Irwin St. Thompson Dr.
City Hanford Hanford Hanford Hanford Hanford
APN 017-280-018 012-191-003 005-100-006 012-231-028 011-380-043 Buyer Ortiz Salgado, Lepez Blanks Ponce, Ortiz Barrera, Urrutia Document No. 22-11225 22-11537 22-12844 22-12988 22-23574 Recording Date 6/10/2022 6/15/2022 7/7/2022 7/11/2022 12/14/2022 Sale Price $85,000 $53,000 $159,000 $190,000 $50,000
Lot Size-SF 44,431 16,200 46,174 71,874 23,778
Price/ SF $1.91 $3.27 $3.44 $2.64 $2.10
Zoning RRA R-M RRE R-M R-M
Orientation Interior Interior Corner Interior Interior
Utilities G-E W-S-G-E G-E W-S-G-E W-S-G-E
Off-Sites None C-G-S None C-G-S None
Property Rights = = = = =
Financing = = = = =
Conds. of Sale = = = = =
Market Conds. = = = = =
Interim Value = $1.91 = $3.27 = $3.44 = $2.64 = $2.10
Location + + = +
Zoning = = = = =
Parcel Size = = +
Utilities + = + = =
Off-Sites = = =
Final Indication > $1.91 < $3.27 < $3.44 > $2.64 > $2.10 Land Value Conclusion
Based on these comparisons, the subject land should be valued above the $1.91 to $2.64 per square foot indicated by sale nos. 1, 4 and 5, but below the $3.27 to $3.44 per square foot reflected in sale nos. 2 and
3. Considering the "highest price" definition of market value that applies in this appraisal, a unit value of $3.25 per square foot is concluded. This is applied to the property's 38,947 square feet of usable land area, which leads to a value of $126,578.
Usable Land Area x Value per SF = Usable Land Value
38,947 s.f. X $3.25 = $126,578
44
Appraisal Report - Partial Taking of Delgado Property, Hanford For the portion of the taking that is burdened by the existing road easement, the owner only has a reserved right to use that part of the underlying land that is not used by the roadway. California courts have generally held that the possibility of enjoyment ofthis underlying fee is so remote that for as long as the easement exists, it has for all practical purposes absorbed the entire value of the fee. Therefore, the value of the underlying fee burdened by the road easement is determined to be a nominal $1.
The value of the larger parcel land is summarized below:
Usable Land Area
Underlying Fee in Road Easement
Total Larger Parcel Land Value
Improvement Valuation
38,947 s.f. X $3.25 =
nominal +
$126,578
$1
$126,579
In a strip appraisal where the majority of the property's improvements are not being affected by the partial acquisition, it is still important to include in the value of the larger parcel the contribution of any improvements that are being taken. The cost approach is used to estimate this improvement value, and it is derived from the concept that market participants often equate cost to value. Buyers and sellers tend to estimate the value of a property by comparing it to the cost of constructing a suitable substitute that exhibits similar physical characteristics, age, quality and condition, and functional utility.
There are only yard improvements that are situated in the take area, and the table below lists most of the improvements that will be lost. The source of much of the replacement cost information is the California Board of Equalization's Residential Building Costs and Rural Building Costs handbooks.
CONTRIBUTORY VALUE OF IMPROVEMENTS 11
As Part of the Whole Larger Parcel
Improvement Improvement Replacement Depreciation Contributory Type Size Cost per Unit Rate Value
Concrete flatwork 145 s.f. $7.25 50% $526
Brick mailbox 1 mailbox $1,000 50% $500
Wooden gate 1 gate $300 50% $150
Gravel Miscellaneous Lump sum 0% $300
Elm tree 1 tree $150 0% $150
Total Rounded to $1,626
Perhaps the most significant improvement that is within the right-of-way take area is the large mulberry tree . This tree is valued using the trunk formula method, which has been developed by the Council of Tree and Landscape Appraisers (CTLA} to aid in estimating the value of large trees that cannot be readily replaced with a similar-sized nursery tree . The formula calculates the market value of a tree based on the cost of a commonly available transplantable tree and its cost of installation, plus the increase in value due to the larger size of the tree being appraised. A base value is determined on a per-square-inch basis for a similar type of nursery tree, then this is multiplied by the cross-sectional area of the subject tree. Finally, 45
Appraisal Report - Partial Taking of Delgado Property, Hanford the calculated value is adjusted for the species class, condition, and location of the tree to determine its market value. For the subject's fruitless mulberry tree, this method results in a value of $3,959.
Altogether, the contributory value of the yard improvements that will be lost to the taking totals $5,585.
Total Value for the Larger Parcel
Adding the land value to the contribution of the improvements provides a total value for the subject larger parcel of $132,164, using a strip appraisal methodology.
Land Value + Improvement Value = Total Larger Parcel Value $126,579 + $5,585 = $132,164
46
Appraisal Report - Partial Taking of Delgado Property, Hanford
VALUE OF PARTS TAKEN
The second step in applying the State Rule of valuation is to value the portions of the property that are being taken as a part of the whole larger parcel. In this step, the contributory value of the property within the area of the taking is valued.
Permanent Right-Of-Way Taking
The same unit land value of $3.25 per square foot that has been estimated for the larger parcel is also applied to the portion of the site that is to be acquired in fee title for use as permanent right-of-way. This results in a land value of $10,199. To this is added the contributory value of the affected improvements of $5,585, leading to a total value for the permanent taking of $15,784.
Land Size x Value per S.F. = Land Value + Improvement Value = Value of Permanent ROW Taking 3,138 s.f. X $3.25 = $10,199 + $5,585 = $15,784
Underlying Fee Taking
As was detailed earlier in the valuation of the larger parcel, the owner of an underlying fee interest that is encumbered by a public road easement has very little expectation of being able to use this portion of the property, and as a result California courts have ruled that the easement has consumed virtually the full fee value of this portion. As such, only a nominal amount of $1 is typically applied to the underlying fee interest.
Total Value of Takings
Adding the values ofthe different take areas together provides a total value for the parts taken as part of the whole of $15,785.
Value of Permanent Right-of-Way Taking
Value of Underlying Fee Taking
Total Value of Takings
+
VALUE OF REMAINDER AS PART OF THE WHOLE
$15,784
$1
$15,785
Subtracting the value of the parts taken from the value of the larger parcel provides a value for the remainder as part of the whole of $116,379.
Total Larger Parcel Value - Value of Parts Taken = Value of Remainder as Part of Whole $132,164 - $15,785 = $116,379
47
Appraisal Report - Partial Taking of Delgado Property, Hanford
SEVERANCE DAMAGES TO THE REMAINDER
This step of the valuation addresses the remainder property in its after condition. The focus is solely on measuring the damages, if any, that will result, with no consideration of any potential benefits, which will be estimated later. Losses in value to the remainder are referred to as severance damages, and they may result either from the severing of the portion acquired from the larger parcel or from the construction and use of the project for which it was taken.
Curable Damages
In instances where the severance damages may be both physically and economically corrected, the loss in value may be determined by estimating the cost to cure. This is the cost to restore an item or feature to proper condition or functionality. However, this measure of damage is only appropriate if the total cost to cure does not exceed the loss resulting from the severance damage. For the subject property, the metal mailbox on a wood post needs to be relocated so that it remains on the owner's private property, and the cost of doing this work is estimated to be $200. This includes the cost of labor along with overhead and profit to the owner for overseeing the work.
Permanent Damages
Two areas of concern for the remainder are the loss of shade from the mulberry tree and the closer proximity of the road to the house. It is difficult to replace the shade that the mature tree provides, but planting a similar tree that grows quickly could help mitigate the loss. The largest regularly available mulberry tree is a 48" box that costs around $1,500. An additional $1,000 is added for delivery and planting of the tree, which would bring the cost to approximately $2,500. However, to avoid double payment for the same item, the $3,959 previously applied to the value of the existing tree is deducted, which leaves a net damage of $0.
While the new right-of-way line will be closer to the house, there will be 20 feet of setback from the property line to the structure. This exceeds the 15-foot setback requirement in the zoning ordinance.
Also, the new curb line will be 30 feet from the house, which is consistent with the distances that are typical of other nearby houses that front along 12th Avenue in this area. The wider roadway along with the new curb, gutter, sidewalk, and street lights are designed to help improve the safety of the street as well. In light of these factors, it is estimated that the remainder property will not experience a measurable decline in value as a result of the street being moved closer to the house.
Value of the Remainder After the Takings
>
Thus, the value of the remainder after the takings and without benefits is determined to be:
Usable Land Area
Curable Damages
Permanent Damages
Total Larger Parcel Land Value
35,809 S.f. X $3.25 = $116,379
$200
$0
$116.179
48
Appraisal Report- Partial Taking of Delgado Property, Hanford
BENEFITS TO THE REMAINDER
Benefits are the increase in value to the remainder property that result from either the taking or the project, and in California the law does not treat this positive impact any differently based on whether the benefit comes specifically to the subject property or accrues to properties in general. Benefits are to be measured using market data and, unlike damages, they may not be measured based on the cost to the owner of providing a similar benefit.
While the subject is expected to benefit from improved traffic flow and safety, this is generally beneficial to properties in the area and is not likely to measurably increase the value of the subject remainder.
Therefore, no benefits are quantified.
With no benefits to offset the severance damages, the net damages to the remainder property are $200.
Severance Damages - Benefits = Net Damages to the Remainder $200 - $0 = $200
FINAL TOTAL VALUE OPINION
The final total value opinion is equal to the value of the takings plus the net severance damages to the remainder, which totals $15,985 and is rounded to $16,000.
Value of Takings + Net Severance Damages = Final Total Value Opinion $15,785 + $200 = $15,985 :::: $16,000
Therefore, after considering all of the data and pertinent information regarding the subject property and the proposed road widening project, it is my opinion that the fair market value of the portions of the property to be taken along with any net severance damages to the remainder resulting from the partial acquisition and the construction and use of the project in the manner proposed as of April 21, 2023 is:
SIXTEEN THOUSAND DOL/ARS
$16,000
49
Appraisal Report - Partial Taking of Delgado Property, Hanford 50
SUMMARY OF VALUE CONCLUSIONS
The estimate of fair market value plus net severance damages for the subject is summarized below:
1- Value of Larger Parcel Before Taking:
Land Value $126,579
Affected Improvement Value + $5,585
$132,164
2 - Value of Part Taken as Part of Whole:
Value of Right-of-Way Taking $15,784
Value of Underlying Fee Taking + $1
$15,785
3 - Value of Remainder as Part of Whole:
Land Value $116,379
Affected Improvement Value + $0
= $116,379
4 - Value of Remainder Without Benefits:
Remainder Property Value $116,379
Curable Damages $200
Permanent Damages $0
$116,179
5 - Severance Damages:
Step Three Value $116,379
Step Four Value $116,179
Total Severance Damages ::: $200
6 - Value of Remainder With Benefits:
Property Value $116,179
Benefits + $0
$116,179
7 - Benefits to the Remainder:
Step Six Value $116,179
Step Four Value $116,179
$0
8 - Net Damages to the Remainder:
Step Five Value $200
Step Seven Value $0
$200
9 - Estimate of Just Compensation:
Step Two Value $15,785
Step Eight Value + $200
Final Total Value Opinion $15,985
Rounded to $16,000
ADDENDA
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Real Property Valuation
Appraisal Report - Partial Taking of Delgado Property, Hanford QUALIFICATIONS OF KEITH J. HOPPER
MAI, R/W-AC, AI-GRS
Professional Designations
• MAI designation - Member of the Appraisal Institute
• R/W-AC designation - Appraisal Certification of the International Right of Way Association • AI-GRS designation - General Review Specialist of the Appraisal Institute Certifications and licenses
• California Certified General Real Estate Appraiser: Certificate No. AG002559 • California Real Estate Broker's License: License No. 01105905 Education
• California State University, Fresno: B.S. Degree, Business Admin. - Real Estate and Urban Land Economics • Appraisal Institute:
Real Estate Appraisal Principles (lA-1) & Basic Valuation Procedures (lA-2) Capitalization Theory & Techniques (A & B)
Case Studies in Real Estate Valuation (2-1)
Report Writing and Valuation Analysis (2-2)
Standards of Professional Practice, National USPAP Update, & California Laws and Regulations Advanced Sales Comparison and Cost Approaches (530)
Land Valuation Assignments and Adjustment Procedures & Subdivision Valuation General Appraiser Market Analysis and Highest & Best Use Real Estate Finance, Statistics, and Valuation Modeling Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) Litigation Professional Development Program:
Litigation Valuation Overview (700)
Litigation Appraising - Specialized Topics and Applications (705) Condemnation Appraising {710)
Advanced Condemnation Appraising (720)
Review Theory - General
• International Right of Way Association:
Ethics and the Right of Way Profession {103)
Standards of Practice for the Right of Way Profession (104) Principles of Real Estate Appraisal (400)
Appraisal of Partial Acquisitions (401)
Easement Valuation (403) & Legal Aspects of Easements (802) Reviewing Appraisals in Eminent Domain (410)
Problems in the Valuation of Partial Acquisitions (431) Corridor Valuation
• American Society of Farm Managers and Rural Appraisers:
Integrated Approaches to Value (A304)
52
Appraisal Report - Partial Taking of Delgado Property, Hanford Best Practices for Rural Property Appraisals
Highest and Best Use
Valuation of Permanent Plantings in Changing Markets
Appraisal Experience
Actively engaged in appraisal in the Central Valley since 1989. Appraised many types of commercial, industrial, residential, apartment, subdivision, land, agricultural, and special purpose properties. Clients include:
• Government: U.S. Postal Service, U.S. Navy, U.S. Marshall's Office, Calif. Dept. of Forestry, Calif.
Dept. ofTransportation, Resolution Trust Corp., Federal Deposit Insurance Corp., County of Tulare, County of Kings, Administrative Office of the Courts • Cities: Visalia, Tulare, Porterville, Kingsburg, Dinuba, Exeter, Woodlake, Hanford, Bakersfield, Farmersville, Reedley
• Schools: Visalia Unified, Hanford Elementary, Central Valley Christian, College of the Sequoias, Tulare City Schools, Tulare High School District, Liberty Elementary, Porterville Unified, Burton School District, Alta Vista School District • Lenders: Wells Fargo, Union Bank, J.P. Morgan, Bank of the Sierra, Comerica Bank, Westamerica Bank, Key Bank, Aegon Realty Advisors, Rabobank, Housing Capital Co., Citizens Business Bank, Premier Valley Bank, RBC Builder Finance, Farm Credit West, Kingsburg Land Bank, Bank of the West, Suncrest Bank, Central Valley Community Bank, Evangelical Christian Credit Union, United Security Bank • Corporations: Kraft General Foods, Chevron USA, McDonald's Corp., Walmart Stores, Campbell Soup Co., Pepsi Cola Co., Southern California Edison Co., Southern Pacific Railroad, Jostens, Payless Cashways, Frito Lay, Southland Corp., RR Donnelley, Leprino Foods, California Dairies, Sun Maid
• Insurance Companies: Nationwide Mutual Insurance Co., Chicago Title Insurance Co., Ticor Title Insurance Co., Fidelity National Title Co.
• Attorneys: McGregor Dahl Sullivan & Klug, Navy Exchange Service Command, Dale Bruder, Dennis Lynch, Rauber & Johnson, Hurley & Laird, Williams Jordan & Broderson, Paul Hastings Janofsky & Walker, Houk & Homburg, Baker Manock & Jensen, Griswold LaSalle Cobb Dowd & Gin, Dowling Aaron & Keeler, Dooly & Herr, Peltzer & Richardson, Hooper Lundy & Bookman, McCormick Barstow, Kahn Soares & Conway, Ruddell Cochran Stanton & Bixler, Michael Lampe • Right-of-Way Firms: Universal Field Services, Bender Rosenthal, Paragon Partners, Tarvin & Associates, Hamner Jewell & Associates, Overland Pacific & Cutler • Churches: Methodist, Baptist, Calvary Chapel, Nazarene, Mennonite, Catholic, Grace Community, Living Christ, Bethel Assembly, New Hope, Praise Center • Health Care: Kaweah Delta HCD, Tulare Regional MC, Sierra View District Local HCD, Tulare Community Health Clinic, Visalia Medical Clinic, Family Health Care Network • Other: YMCA, Farm Bureau, Housing Authority, Tulare Irrigation District, International Agri-Center, Visalia Rescue Mission
Litigation Experience
Appraised properties on behalf of private and public agency clients for eminent domain, divorce, and other matters involving litigation. Have given depositions, appeared at mediation and arbitration hearings, and qualified as an expert witness in Tulare County and Kern County Superior Courts, Kings County Board of Equalization, and Federal Bankruptcy Court.
Right-of-Way Experience
Appraised hundreds of properties involved in full or partial takings on behalf of public agencies, right-of-way firms, law firms, and private property owners. Projects have included road widenings, overcrossings and undercrossings, utility installations, permanent and temporary easements, and railroad corridors. 53
15.A.
AGENDA
STAFF REPORT
MEETING DATE: 10/17/2023 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Approval of Historic Resource Permit number HRA 0012-23: A request to replace the door, side windows, and frame, due to vehicular damage, at 201 N. Douty Street, within the Historic Overlay Zone District.
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt Resolution 23-39-R conditionally approving Historic Resources Permit 0012-23. The applicant proposes the window and door framing to be wood composite and the windows and doors to be fiberglass. Staff's recommendation is to require dual-paned glass door and windows and wood-framing. The project is located at 201 N. Douty Street, on the northeast corner of Douty and Seventh Streets (APN 012-041-009).
BACKGROUND:
PROJECT: Historic Resources Permit 0012-23, a request to install a fiberglass door and side windows and wood-composite framing for the entrance located at 201 N. Douty Street, due to vehicular damage. The property is designated as a contributing building within the Historic Overlay Zone.
LOCATION: The project is located at 201 N. Douty Street (APN 012-041-009).
PROJECT DESCRIPTION
The property is a contributing building located in the Historic District, shown below – circled in black.
"Contributing building” means a structure within a historic district which retains scale, mass and other architectural characteristics to the degree that it contributes to the sense of time and place of the immediate area and the district. The building may have individual architectural significance or may be one of a grouping of background buildings that jointly contribute to the character of the immediate area and the district. Contributing buildings may reflect interim modifications if those modifications do not irreparably detract from the character of the building or if the modifications reflect an architectural style or particular era important to the development of the City. Contributing buildings shall also include structures that have a strong historical tie to activities, events, or individuals important in the development of the City.
In accordance with Municipal Code Section 17.48, alterations to the exterior of a building located within the Historic Overlay Zone are required to be approved through a Historic Resources Permit, which must be approved by the City Council.
Section 17.48.040
No improvement or exterior architectural feature of any improvement shall be constructed or altered or enlarged which is located in the Historic Overlay District or identified as a historic site outside the District, unless a permit is issued pursuant to the terms of this chapter. The section shall not apply to any interior alteration which has no effect on the condition or appearance of any exterior architectural feature of an improvement. No structure listed on a State or National Register shall be moved or demolished, unless a permit is issued pursuant to the terms of this chapter.
Section 17.48.070
1. A historic resource permit shall be required for any alteration of the exterior features of a building within a designated historic district, or a designated historic building or site, or to construct a new building or improvements upon property within a designated historic district except as otherwise provided in this Chapter 17.48, the City Council shall determine whether a historic resources permit shall be issued. A permit shall not be required for ordinary
maintenance and repairs as defined in this section.
2. Permit Procedures. An application for a historic resource permit shall be made on a form prescribed by the Community Development Department and shall be accompanied by the fees established by resolution of the City Council. The application shall include the information required by Section 17.60.020 for site plan review, complete elevation drawings of the proposed alterations, samples of proposed colors and materials, color photographs of all sides of any existing improvement, building or structure on the site, and such other information as may be required by the Community Development Department. If applicable, the application shall include the information required by Chapter 17.58 (permit for conditional uses) and Chapter 17.62 (planned unit development).
3. Applications for permits requiring City Council approval shall be placed on the next regular meeting of the City Council. The City Council may approve, approve with conditions, or deny the permit.
Building Description
According to historic records, maintained by the Community Development Department, it is estimated the building was constructed in 1892, although Assessor records suggest the building was constructed in 1903. The conflict in dates is likely due to the fact that the building was originally built as the Vendome Hotel, then burned in a fire, which destroyed part of the original township, and was later rebuilt as the Kate Jacobs Hotel and Dining Room.
In 1984, Historic Resources Permit 84-2 was approved, which proposed the removal of the former marquee and wood siding, as well as the metal frame plated glass window and front door, in order to install single-glass plane French doors along with two fixed windows with wood mullions on either side of the existing front door, as well as large, wood-framed, multi-paned display windows (6-feet- by-six-feet) along the sidewalk. At the time of the proposal, the building was painted shades of gray, with blue and maroon accenting trim. A maroon canvas awning was also installed.
In 2009, under Historic Resource Permit 2009-09, the paint trim was changed to Benjamin Moore Historic Color-66, Garrison Red, as present today, and the awning was changed to the same color.
Figure 2: HC-66
Figure 3: Streetview 201 N. Douty Street
Proposal
The applicant proposes to replace the entryway at 201 N. Douty Street, on the northeast corner of Douty and Seventh Streets, with a similar design to the appearance of the original, shown in Attachment 1. Site modifications propose to include a change in the building material from glass and wood framing to a fiberglass door and windows with a wood-composite framing.
Evaluation
17.48.055 Ordinary maintenance and repairs.
1. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property subject to this chapter if the maintenance or repair does not involve a change in the design, material, color or external appearance thereof.
2. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the Building Official certified to the City Council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the Historical Building Code of the State of California.
3. No permit shall be required for ordinary maintenance and repairs as defined in this section.
Analysis: Since the material of the door and side windows are proposed to be changed from dual- paned glass and wood to fiberglass and a wood composite, staff cannot consider this as ordinance maintenance/repair of an exterior architectural feature; therefore, the Historic Resource Permit process is necessitated.
17.48.150 Design criteria
B. Design Guidelines. The following design guidelines are to be used to formulate plans for the rehabilitation, preservation, and continued use of old buildings consistent with the intent of this chapter. The guidelines apply to buildings of all occupancy and construction types, sizes and materials and to all permanent and temporary construction on the exterior of historic buildings as well as new attached or adjacent construction.
6. Deteriorated architectural features shall be repaired, rather than replaced, wherever possible. In
the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. The repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
Analysis: Since the former entryway was damaged by a vehicle, repair is infeasible. Replacement is proposed; however, the materials do not replicate the original composition. The applicant proposes to replace the formerly-present dual-paned glass windows and door with fiberglass. The door frame and window frame are proposed to be wood-composite, where formerly wood. The design replicates the former design, as the same number of windows are present and the door frame will be painted to match the former color, HC-66.
3. Rehabilitation Standards. The provisions of this subsection are intended to provide reasonable design for the rehabilitation of historic buildings so that the basic historic and architectural presentation of the buildings is retained and enhanced.
Windows and Doors.
1. Where they still exist, the original sills, lintels, frames, sash, muntins, and glass of windows and transoms should be preserved. The original doorway elements, including sills, lintels, frames and the doors, should also be retained. When they must be replaced, the replacements should duplicate the originals in design and materials.
2. Glass in windows, doors and transoms should be clear, except where documentary evidence indicates the original use of colored glass. Plastic materials should not be used in place of glass. Any existing small paned transoms should not be obscured on the exterior.
3. The original proportions of wall openings should be retained. The blocking of any existing opening to accommodate standard sash and glass sizes, to hide ceilings lowered beneath the tops of existing windows, or for any other reason should not be allowed.
4. Decorative wood or metal lintels, brackets and any other window or doorway trim should be preserved and should be restored where possible.
5. In rehabilitation, the original number of panes in glassed areas should be used.
Analysis: The doorway sills and glass windows were destroyed by vehicular damage. Replacements are required. The proposal duplicates the former design; however, the material composition is proposed to change from wood framing with a dual-paned glass door and windows to wood composite framing with fiberglass doors and windows. Fiberglass constitutes a plastic material and is not recommended to be used in place of glass, per the ordinance. The original proportions of wall openings will be retained. The original number of panes in the glassed area was dual paned, the applicant proposes to install a fiberglass door and window.
E. General Building Standards. The standards set forth in this subsection should be applied to all alterations or new construction in the historic district.
Color.
1. Exterior colors should harmonize with other colors on the same building and on the
streetscape. Exterior colors should complement the colors of neighboring buildings and should be selected to be mutually supportive and beneficial to the overall historic character of the streetscape.
2. Where wood or metal surfaces of windows, doors, porches and details, other than cornices, are to be painted, the following colors shall be used: During the early twentieth century, muted colors and earth colors were favored. They included gray, dark brown, dark green, blue gray, beige, brick red, and terra cotta. A slightly grayish-white paint, was frequently used for major surface areas and for details. This grayish-white is an appropriate choice for window sash and frames and for other details. In some instances, black or dark gray may be appropriate for the fixed window or door frame. If the original color of a cornice cannot be determined, grayish- white, buff or sandstone color are preferred choices.
3. Where brick has been painted, repainting in a color which approximates that of the natural brick is appropriate. Mortar joints might also be suggested in a color approximating the natural color of the mortar (not a pure white). Depending on the paint history of a building, grayish- white paint may be an acceptable alternative for the façade. Where brick was unpainted and remains unpainted, the use of paint on the exterior shall be discouraged, since unpainted brick is a strong design tradition in the historic district.
4. Paint colors which were not produced or used during the early twentieth century should be discouraged in the historic district. Bright, new colors are to be avoided, even when used sparingly.
Analysis: The window and doorway trim are proposed to be painted Benjamin Moore Historic Color- 66, Garrison Red, as present along the neighboring windows and doors for the building.
Conclusion:
Since the proposal does not wholly comply with the requirements of the Historic Resource Overlay District standard, as described above, staff recommends denial of the Historic Resource Permit, as proposed, and a recommendation to modify the request to utilize the originally present materials, wood and dual-pane glass, instead.
Findings for Approval:
In accordance with Section 17.48 of the Hanford Municipal Code, staff recommends the applicant’s request be modified to provide the formerly present material composition, dual-paned glass for the window and doors and wood framing for the framing.
Staff recommends conditional approval of Historic Resources Permit HRA0012-23 and that the conditional approval of the historic resources permit will allow private investment in the Downtown area, enhance property values, allow the increase of economic and financial benefits to the City and its property owners and inhabitants, and make the following findings:
1. That the proposed rehabilitation of the façade, as recommended to be modified, will not impact the Historic Overlay Zone since the recommended façade improvements will be consistent with the Historic Overlay Zone Design Guidelines.
2. That the proposed project will provide a complementary setting and environment in the Historic District.
3. That the proposed project will promote and encourage continued private ownership and utilization of structures so that the objectives set forth in this section can be attained under this policy.
4. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.
RECOMMENDATION – CONDITIONS OF APPROVAL
The City Council may approve, approve with conditions, or deny the permit.
Staff recommends that the City Council adopt Resolution 23-41-R, conditionally approving Historic Resources Permit No. 0012-23, with the following conditions:
1. That approval of this project does not exempt compliance with all applicable sections of the Zoning Ordinance, Public Works Improvement Standards, fees, or other City Ordinances.
2. That the alterations to the site be completed in accordance with the proposed changes, except as required to be modified in Conditions 3 and 4. Future changes may be approved by the Community Development Director or forwarded to the City Council for review.
3. That the door and window frame materials be changed to wood for replacement.
4. That the door and side windows be constructed of dual-paned glass for the replacement.
5. That the door and window frames be painted Benjamin Moore Historic Color-66, Garrison Red, as present along the neighboring windows and doors of the building.
ATTACHMENTS:
1. Attachment 1 - Proposal
2. Resolution 23-41-R
modify window and
door to dual-paned glass
modify door and
window frame to wood
8/17/23, 1:34 PMVSG-926-010LE-X, Vistagrande Full-Lite Low-E Flush Glazed | EL & EL Wood Products
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Vistagrande Full-Lite Low-E Flush GlazedFiberglass Smooth In-Stock: SoCal | NorCal
Product #VSG-926-010LE-XCategories: Doors | Exterior | Flush glazed | Doors with Glass | VistaGrande |Low-E | Smooth | Full Lite Description:
VistaGrande® Flush-Glazed doors offer a wider viewing area and cleanerappearance over traditional glass inserts. Stile and rail features provide anauthentic wood door look.
Full light clear glass F J primed exterior frame. White or bronze weatherstrip,white or bronze corner pad. Frame Reinforcement plate. Fix sidelite unitsare made with continuous sills.
SpecificationsPricingAdders
ItemItem (W)(W) (H)(H) (T)(T)
VSG926010LEX30683/0 6/8
Material:
Fiberglass Smooth
VSG-926-010LE-X
8/17/23, 1:33 PMVSGSL-152-010LE-X, Low-E Argon Sidelite | EL & EL Wood Products
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Low-E Argon SideliteFiberglass Smooth
In-Stock: SoCal | NorCal
Product #VSGSL-152-010LE-XCategories: Doors | Exterior | Flush glazed | Doors with Glass | VistaGrande |Low-E | Smooth | Full Lite Description:
VistaGrande® Flush-Glazed doors offer a wider viewing area and cleanerappearance over traditional glass inserts. Stile and rail features provide anauthentic wood door look.
Fix sidelite units are made with continuous sills, Primed with LVL mull post SpecificationsPricingAdders
ItemItem (W)(W) (H)(H) (T)(T)
VSGSL152010LEX101/0 6/8
VSGSL152010LEX121/2 6/8
VSGSL152010LEX1I0/10 6/8
Material:
Fiberglass Smooth
VSGSL-152-010LE-X
8/17/23, 1:34 PMPR434W8, Exterior Frame Side Pair with Weatherstrip Kerf | EL & EL Wood Products
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Exterior Frame Side Pair with Weatherstrip KerfPine Primed FJ In-Stock: SoCal
Product #PR434W8Categories: Moulding | Jamb | Exterior Frame Description:
98-½" below dado
SpecificationsPricingLengths
ItemItem (T)(T) (H)(H)(W)(W) (P)(P)(D)(D)
PR434W8 1-⁄" 8' 4-⁄"
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CESN45A7272"L x 4-1/2"W 1-1/2"H Aluminum Sill Nosing
Family Items!Details"Catalog#
Description:72"L x 4-1/2"W 1-1/2"H Aluminum Sill Nosing Specifications:$ Finish = Aluminum
$ Height = 1-1/2"
$ Length = 72"
$ Product Type = Sill Nosing
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CESN45A72SKU:
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1310 (/catalogandflyers?doc=2023catalog&page=1310)Catalog Page:
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TR1013-3-63016"L x 4"W Stainless Steel Pull Plate
Details!Catalog"
Description:16"L x 4"W Stainless Steel Pull Plate
Specifications:# Finish = Stainless Steel
# Length = 16"
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TR1001-3-63016"L x 4"W Stainless Steel Push Plate
Details!Catalog"
Description:16"L x 4"W Stainless Steel Push Plate
Specifications:# Finish = Stainless Steel
# Length = 16"
# Product Type = Push Plate
# Width = 4"
TR1001-3-630SKU:
2023Catalog Year:
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CET55A7272"L x 5"W x 1/2"H Aluminum Handicap Threshold
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Description:72"L x 5"W x 1/2"H Aluminum Handicap Threshold Specifications:$ Application = Handicap
$ Finish = Aluminum
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$ Length = 72"
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$ Width = 5"
CET55A72SKU:
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Pacific Coast Aluminum ProductBrand:
RESOLUTION 23-41-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD CONDITIONALLY APPROVING HISTORIC RESOURCES PERMIT HRA0012-23, A
REQUEST TO REPLACE THE DOOR AND WINDOWS, DAMAGED BY VEHICLUAR DAMAGE, AT 201 N. DOUTY STREET. THE PROJECT IS LOCATED AT THE NORTHEAST CORNER OF SEVENTH AND DOUTY STREETS (APN 012-041-009).
At a regular meeting of the City Council of the City of Han ford duly called and held on October 17, 2023, at 7:00 p.m. in the Council Chambers of the Civic Auditorium, it was moved by Council Member ____________, and seconded by Council Member ____________, an d duly carried, that the following resolution be adopted:
WHEREAS, an application, filed by Richard Cornwell for Historic Resources Permit HRA0012- 23, as shown in Exhibit A, was presented to the City Council; and WHEREAS, the proposed project is located at 201 N. Douty Street (APN 012-041-009); and WHEREAS, the City Council of the City of Hanford, at a regular meeting on October 17, 2023, reviewed the request for Historic Resources Permit HRA0012-23; and WHEREAS, Section 15301 of the California Environmental Quality Act Guidelines categorically exempts “Existing Facilities” from Environmental Review; and WHEREAS, the City Council of the City of Hanford reviewed the application for the Historic Resources Permit HRA0012-23 and found that the application, as requested to be modified, is consistent with Section 17.48 of the Hanford Municipal Code that the approval of the historic resources permit will allow private investment in the Downtown area, enhance property values, allow the increase of economic and financial benefits to the City and its property owners and inhabitants, and make the following findings:
1. Th
at the proposed rehabilitation of the façade, as recommended to be modified, will not impact the Historic Overlay Zone since the recommended façade improvements will be consistent with the Historic Overlay Zone Design Guidelines.
2. T
hat the proposed project will provide a complementary setting and environment in the Historic District.
3. T
hat the proposed project will promote and encourage continued private ownership and utilization o
f structures so that the objectives set forth in this section can be attained under this policy.
4. That th e request will not adversely affect the public health, safety , and general welfare of the citizens of Hanford.
TH EREFORE, BE IT RESOLVED that the City Council of the City of Hanford hereby approves Hi
storic Resources Permit HRA0012-23, subject to the following conditions:
1. Th
at the applicant adhere to the design criteria for the Historic Overlay Zone, set forth in Section
17.48 of the Hanford Municipal Code.
1. Th
at approval of this project does not exempt compliance with all applicable sections of the Zonin g O
rdinance, Public Works Improvement Standards, fees, or other City Ordinances.
2. That the alterations to the site be completed in accordance with the proposed changes, except as required to be modified in Conditions 3 and 4. Future changes may be approved by the Community Development Director or forwarded to the City Council for review.
3. That the door and window frame materials be changed to wood for the replacement.
4. That the door and side windows be constructed of dual-paned glass for the replacement.
5. That the door and window frames be painted Benjamin Moore Historic Color-66, Garrison Red, as present along the neighboring windows and doors for the building.
NOW, THEREFORE, BE IT FURTHER RESOLVED , that the City Council of the City of Hanford hereby conditionally approves Historic Resources Permit HRA0012-23. Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on October 17, 2023 by the following vote:
AYES: _______________________________________________________________________ NOES: _______________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________
APPROVED: __________________________
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 17
th day of October, 2023.
Date: _________________
NATALIE CORRAL
CITY CLERK
Exhibit A
Proposal (updates noted)
modify window and
door to dual-paned glass
modify door and
window frame to wood
8/17/23, 1:34 PMVSG-926-010LE-X, Vistagrande Full-Lite Low-E Flush Glazed | EL & EL Wood Products
Share this page
Vistagrande Full-Lite Low-E Flush GlazedFiberglass Smooth In-Stock: SoCal | NorCal
Product #VSG-926-010LE-XCategories: Doors | Exterior | Flush glazed | Doors with Glass | VistaGrande |Low-E | Smooth | Full Lite Description:
VistaGrande® Flush-Glazed doors offer a wider viewing area and cleanerappearance over traditional glass inserts. Stile and rail features provide anauthentic wood door look.
Full light clear glass F J primed exterior frame. White or bronze weatherstrip,white or bronze corner pad. Frame Reinforcement plate. Fix sidelite unitsare made with continuous sills.
SpecificationsPricingAdders
ItemItem (W)(W) (H)(H) (T)(T)
VSG926010LEX30683/0 6/8
Material:
Fiberglass Smooth
VSG-926-010LE-X
8/17/23, 1:33 PMVSGSL-152-010LE-X, Low-E Argon Sidelite | EL & EL Wood Products
Share this page
Low-E Argon SideliteFiberglass Smooth
In-Stock: SoCal | NorCal
Product #VSGSL-152-010LE-XCategories: Doors | Exterior | Flush glazed | Doors with Glass | VistaGrande |Low-E | Smooth | Full Lite Description:
VistaGrande® Flush-Glazed doors offer a wider viewing area and cleanerappearance over traditional glass inserts. Stile and rail features provide anauthentic wood door look.
Fix sidelite units are made with continuous sills, Primed with LVL mull post SpecificationsPricingAdders
ItemItem (W)(W) (H)(H) (T)(T)
VSGSL152010LEX101/0 6/8
VSGSL152010LEX121/2 6/8
VSGSL152010LEX1I0/10 6/8
Material:
Fiberglass Smooth
VSGSL-152-010LE-X
8/17/23, 1:34 PMPR434W8, Exterior Frame Side Pair with Weatherstrip Kerf | EL & EL Wood Products
Share this page
Exterior Frame Side Pair with Weatherstrip KerfPine Primed FJ In-Stock: SoCal
Product #PR434W8Categories: Moulding | Jamb | Exterior Frame Description:
98-½" below dado
SpecificationsPricingLengths
ItemItem (T)(T) (H)(H)(W)(W) (P)(P)(D)(D)
PR434W8 1-⁄" 8' 4-⁄"
Material:
Similar Products:
14 34
Pine Primed F J
PR434W8
8/17/23, 1:37 PMCharles McMurray Co. -