Agenda packet — Hanford City Council, December 5, 2023 (part 5 of 5)

No person shall smoke, ingest, or otherwise consume cannabis or cannabis products, whether recreational or medical, in the city unless such smoking, ingesting or consumption occurs entirely within a private residence. “Within a private residence” shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016)

8.32.090 Nuisance and penalties for violation.

A. Violation of this chapter is hereby declared a public nuisance.

B. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of six (6) months imprisonment in the County Jail or a fine of one thousand dollars ($1,000.00), as well as the administrative penalties as set forth in this code, including, without limitation, Section 17.68.150, as may be amended. Violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess.

C. Each day a violation continues and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies.

D. In the event any civil suit or action is brought by the city to enforce the provisions of this chapter, the person or persons responsible for such violation shall be liable to the city for costs of the suit, including, but not limited to, attorneys’ fees. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)

8.32.100 Severability.

If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. (Ord. 17‐18 § 1, 2017; Ord. 16‐11 § 1, 2016; Ord. 14‐11 § 1, 2014)

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City of Hanford Non- Retail Commercial Cannabis Business Permit Checklist
All Cannabis Business applications must be submitted through the City’s online application portal: https://bit.ly/3us3gJ6
Please have the following items ready before you apply:

Section 1 – License Selection
 Confirmation of License Type that will be requested.

Section 2 – Site Plan, Zoning and Buffer Map
 Site Plan
 Sensitive Uses Map
 Zoning verification form
Section 3 – Security Plan
 Operations and Security Plan, including all requested attachments.

Section 4 – Applicant Information
 The name of the applicant. If the applicant is an individual, both first and last name of the individual. For applicants that are business entities, the legal business name of the applicant.  The mailing address of the applicant.
 The physical address of the premises.
 The phone number of the premises (if available).
 The contact information for the designated primary contact person including the name, title, address, phone number and e-mail address of this individual.
 A list of types and numbers of licenses already received by the applicant from the California Bureau of Cannabis Regulation including the date the license was obtained and the licensing authority that issues the license.
 A copy of all documents filed with the California Secretary of State including but not limited to: business formation documents (e.g., Articles of Incorporation for corporation or Articles of Organization for limited liability company), a current Statement of Information, and a Certificate of Status. If applicant is a foreign corporation, a certificate of qualification issued by the California Secretary of State pursuant to Section 2105 of the Corporations Code. If applicant is a foreign limited liability company, a certificate of registration to transact business issued by the California Secretary of State pursuant to Section 17708.02 of the Corporations Code.
 If applicant is a cultivator, an Agricultural Employer declaration/statement.

Section 5 – Right to Occupy
 Evidence of Legal Right to Occupy
 Signed Affidavit(s)
Section 6 – Affidavits, Background and Indemnification
 A complete list of every person with over 20% interest in the proposed business including the full name, title within the entity, birthdate and place of birth, social security or tax identification number, phone number, e-mail, the date owner acquired interest in entity, the percentage of ownership interest, and if applicable the number of shares owned, any financial interest in any other cannabis business licensed by the State of California.  For each owner a completed Live Scan/Background Packet (fee applies)  Signed indemnification agreement and acknowledgement form.

Section 7 – Cetrificaiton
 Applicant Certification Letter saying all information contained on all application documents is true and accurate.

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Items that must be completed prior to operating that are not included in the Cannabis Business Permit Application
 CEQA/Environmental Process
 Conditional Use Permit
 Employee Permits

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APPLICATION REQUIREMENTS
All requested items and authorizations listed on this form must be completed and submitted through the City’s online application portal or the application will be rejected. The applicant must meet any additional standard criteria and fulfill any additional standard requirements typically associated with obtaining a Conditional Use Permit in the City. Requirements shall conform to the State licensing requirements as set forth by the California Business and Professions Code, Division 8, Chapter 3.5. Permit fees include a non-refundable application fee.

Section 1- Specific Activity Requested
Please be prepared to indicate one of the license type in the City’s online application portal from the choices below:

Cultivation:
 Indoor/Mixed Light, Commercial A - permitted canopy area: 0 to 5,000 square feet  Indoor/Mixed Light, Commercial B – permitted canopy area: 5,001 to 10,000 square feet  Indoor/Mixed Light, Commercial C – permitted canopy area: 10,001 to 22,000 square feet  Indoor/Mixed Light, Commercial D – permitted canopy area: over 22,000 square feet  Nursery
 Processor
Manufacturing:
 Commercial Cannabis Manufacturing – Non-Volatile Only  Commercial Cannabis Manufacturing – Volatile
 Commercial Cannabis Manufacturing – Infusion
 Commercial Cannabis Manufacturing – Packaging and labeling Distribution:
 Commercial Cannabis Distribution
 Commercial Cannabis Transport
Testing:
 Commercial Cannabis Testing

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Section 2 - Site Plan
The Site plan must be submitted as a PDF through the City’s online application portal and must include the following (multiple pages are allowed, if needed):

1. Provide a scaled premises diagram showing the boundaries of the property and proposed premises with all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows and common or shared entryways. The diagram shall show the areas in which all commercial cannabis activities will take place. If the proposed premise consists of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed premises and what the remaining property is used for. The site plan must show the distances from the buildings(s) to all property lines.

2. Attach a floor plan, drawn to scale indicating dimensions and total square footage.

3. The plan shall include the assessor’s parcel number and shall be to scale and include all the following:

Cultivation License:
 Canopy area(s) which shall contain all mature plants on the premises  Propagation area(s) which shall contain only immature plants  Designated pesticide and other agricultural chemical storage area(s)  Designated holding area for cannabis designated for destruction  Designated processing area(s) if licensee will process on site  Designated packaging area(s) if licensee will package on site  Designated composting area if licensee will compost plant waste on site  Designated parking spaces
 Designated refuse areas
 Designated area(s) for harvested cannabis storage.
 Location, type and capacity of each water storage unit to be used for cultivation  Location, type and capacity of each waste receptacle to be used for cultivation  Photographs of the exterior of the building including the entrance(s), exit(s), street frontage(s), signage, and parking area.

Manufacturing License:
 Designated area(s) for cannabis manufacturing equipment  Designated holding area for cannabis designated for destruction  Designated processing area(s) if licensee will process on site  Designated packaging area(s) if licensee will package on site  Designated composting area if licensee will compost plant waste on site  Designated refuse areas
 Designated area(s) for cannabis storage
 Designated parking spaces
 Photographs of the exterior of the building including the entrance(s), exit(s), street

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Distribution License:
 Designated holding area for cannabis designated for destruction  Designated processing area(s) if licensee will process on site  Designated packaging area(s) if licensee will package on site  Designated composting area if licensee will compost plant waste on site  Designated refuse areas
 Designated area(s) for cannabis storage
 Designated parking spaces
 Photographs of the exterior of the building including the entrance(s), exit(s), street frontage(s) and parking area.

Testing License:
 Designated area(s) for cannabis testing equipment
 Designated holding area for cannabis designated for destruction  Designated composting area if licensee will compost plant waste on site  Designated refuse areas
 Designated area(s) for cannabis storage
 Designated parking spaces
 Photographs of the exterior of the building including the entrance(s), exit(s), street frontage(s), signage, and parking area.

Cannabis Business Application - Zoning Verification
You must obtain an approved Zoning Verification Form for the proposed location. Be prepared to provide the following in the online application portal:

Property
Street Address Zip:

Lot Area (in Square Feet or Acres): Existing Zoning:

Existing Use of Property:

Assessor Parcel Number:

Proposed Use
Trade Name of Establishment (dba):

Description of proposed use: (including proposed use and summarize type of activity, as applicable):

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Cannabis Business Application – Distance from Sensitive Uses Sensitive Uses Map
Attach a PDF street map that is drawn to scale. Indicate the proposed premise and a circle showing distances from sensitive uses, including:
☐ 200 feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H ☐ 600 feet from a school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12); A daycare facility serving nine (9) or more children and is licensed by the State; Any youth facility as defined in State of California Health and Safety Code Section 11353.1(e)(2)

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Section 3 – Operations and Security Plan Questionnaire
The following questions will need to be answered as part of the online application process:
 Applicant’s practices for transfer of cannabis products from premises.  Estimated number of employees.
 Description of applicant’s video surveillance system including camera placement and practices for maintenance of video surveillance equipment.
 How applicant will ensure that all access points to the premises will be secured including the use of security personnel if applicable.
 A description of the applicant’s security alarm system and fire suppression system.

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 A description of how inventory will be stored.
 A description of the operating hours of the facility.  A description of how any records, reports, manifests and any other documents will be stored.  A description of the Track and Trace system the Applicant will employ.  Method(s) that will be used to dispose of unused cannabis.

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Section 4 – Owner and Contact Information
Proposed Name of Business:

1. Applicant Entity Structure: (attach proof of status such as articles of incorporation, by-laws, partnership agreements, and other documentation that supports status).  Corporation
 Unincorporated Association
 Other
(describe):

Tax Identification Number:

Business Applicant (Print Name):

Business Applicant Address:

Telephone:

Email:

Mobile:

Previous Business/Employment History (to cover 5 years):

Primary Contact (Print Name):

Primary Contact Address:

Telephone:

Email:

Mobile:

Previous address(es) (to cover 5 years):

Attach a PDF copy of:
 Copy of Seller’s Permit issued by appropriate State of California Agency,  Proof of address (Legal issued ID/driver’s license),
 Proof of General Liability Policy,
 A list of types and numbers of licenses already received by the applicant from the California Bureau of Cannabis Regulation including the date the license was obtained and the licensing authority that issues the license.
 A copy of all documents filed with the California Secretary of State including but not limited to:
business formation documents. If applicant is a foreign corporation, a certificate of qualification issued by the California Secretary of State pursuant to Section 2105 of the Corporations Code.

Business Applicant: Date:

Name (Please Print) Title:

Signature

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Section 5 – Property Owner Affidavit
Property Owner Affidavit
I, , authorize the Commercial Cannabis activity entitled , to use/purchase this property as a Commercial
Cannabis facility, as those terms are defined in the City of Hanford Municipal Code, should this facility obtain the appropriate Permit. I further understand that I am responsible for, and also subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property if leasing the property to the applicant.

Attach:
 PDF showing proof of possession of the premises and approval of use (deed, lease, lease assignment, agreement showing willingness to sell property if applicant obtains permit) Legal Property Owner: Date:

Name (Please print) Title:

Signature
Legal Building Owner: Date:

Name (Please print) Title:

Signature

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Section 6 – Building Owner Affidavits
Building Owner Affidavit
I, , authorize the Commercial Cannabis Facility entitled to use/purchase this property as a Commercial
Cannabis facility, as those terms are defined in the City of Hanford Municipal Code, should this facility obtain a Permit. I further understand that I am responsible for, and also subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property if leasing the property to the applicant.

Property Manager Affidavit (if applicable)
I, , authorize the Commercial Cannabis Facility entitled to use this property as a Commercial Cannabis
facility, as those terms are defined in the City of Hanford Municipal Code, should this facility obtain a Permit. I further understand that I am responsible for, and also subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property.

Please complete the following information:
 A complete list of every person with over 20% interest in the proposed business including the full name, title within the entity, birthdate and place of birth, social security or tax identification number, phone number, e-mail, the date owner acquired interest in entity, the percentage of ownership interest, and if applicable the number of shares owned, any financial interest in any other cannabis business licensed by the State of California. For each owner a completed Live Scan check or receipt from Live Scan check.

Name Title DOB SS#/Tax
ID#
Contact
Phone
Number
Date of
acquired
interest
Percent of
ownership
Live Scan
Check

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Section 7 - Applicant Certification
Under penalty of perjury, I hereby declare that the information contained within and attached to this application is complete true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the license or revocation of a license issued. By submitting this application, I certify that I have read and understand the requirements of the application process and that I may be disqualified for failure to meet the requirements of state law or City ordinance, or for incomplete, late or inaccurate applications/attachments, and that all fees paid in connection with this application are non-refundable.

Signature of Applicant
Date

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COMMERCIAL CANNABIS APPLICATION

INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is entered into this day of , 20 _ by and between the City of Hanford (“City”) and (“Applicant”).

RECITALS
WHEREAS, the Applicant has a legal and/or equitable interest in the certain real property located at Assessor Parcel Number(s): _
(“Property”); and
WHEREAS, the Applicant has submitted an application to the City for a cannabis business on the Property, pursuant to the City of Hanford Municipal Code, hereafter referred to as the “Project.” TERMS
NOW, THEREFORE, pursuant to the City of Hanford Municipal Code, and in consideration of the premises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Nothing in this Agreement shall be construed to limit, direct, impede or influence the City’s review and consideration of the Project.

2. Applicant shall defend, indemnify, save and hold harmless the City of Hanford, its elected and appointed officials, officers, employees, agents and volunteers from any and all claims, actions, proceedings or liability of any nature whatsoever (including, but not limited to: any approvals issued in connection with any of the above described application(s) by City; any action taken to provide related environmental clearance under the California Environmental Quality Act (“CEQA”) by City’s advisory agencies, boards or commissions, appeals boards, or commissions, Planning Commission, or City Council; and attorneys’ fees and costs awards) arising out of, or in connection with the City’s review or approval of the Project or arising out of or in connection with the acts or omissions of the Applicant, its agents, employees or contractors.

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With respect to review or approval, this obligation shall also extend to any effort to attack, set aside, void, or annul the approval of the Project, including any contention the Project or its approval is defective because a City ordinance, resolution, policy,standard or plan is not in compliance with local, State or federal law. With respect to acts or omissions of the Applicant, its agents, employees or contractors, its obligation, hereunder shall apply regardless of whether the City prepared, supplied or approved plans, specifications or both.

3. The obligations of the Owner and Applicant under this Indemnification shall apply regardless of whether any permits or entitlements are issued.

4. The City will promptly notify Owner and Applicant of any such claim, action, or proceeding that is or may be subject to this Indemnification and will cooperate fully in the defense. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if the City defends the claim, action, or proceeding in good faith.

5. The City Council shall have the absolute right to approve any and all counsel employed to defend the City. To the extent the City uses any of its resources to respond to such claim, action or proceeding, or to assist the defense, the Applicant will reimburse the City upon demand. Such resourcesinclude, but are not limited to, staff time, court costs, City Counsel’s time at its regular rate for non‐City agencies, or any other direct or indirect cost associated with responding to, or assisting in defense of, the claim, action or proceedings.

6. For any breach of this obligation the City may rescind its approval of the Project.

7. The Applicant shall not be required to pay or perform any settlement unless the settlement is approved in writing by the Applicant, which approval shall not be unreasonably withheld.

The City must approve any settlement affecting the rights and obligations of the City.

8. The parties agree that this Agreementshall constitute a separate agreement from any Project approval, and that if the Project, in part or in whole, is invalidated, rendered null or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Agreement, which shall survive such invalidation, nullification or setting aside.

9. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

10. The Applicant shall pay all court ordered costs and attorney fees.

11. The defense and indemnification of City set forth herein shall remain in full force and effect throughout all stages of litigation including appeals of any lower court judgments rendered in the proceeding.

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After review and consideration of all of the foregoing terms and conditions, Applicant, but its signature below, hereby agrees to be bound by and to fully and timely comply with all of the foregoing terms and conditions.

Dated:

Applicant(s):

Printed Name Signature
Printed Name Signature
Printed Name Signature
Printed Name Signature

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Commercial Cannabis Permit Application
Acknowledgement Form
 I/we have read, fully understand and agree to operate within the regulations identified in The City of Hanford’s Ordinances and all other applicable state laws and regulations as it relates to commercial cannabis operations and further understand that my permit(s) may be revoked for not operating in compliance with said regulations.  I/we understand the City reserves the right to reduce the size of area allowed for cultivation under any clearance or license issued, in the event that environmental conditions, such as a sustained drought or low flows in the watershed will not support diversions for irrigation.
 I/we understand that it is our responsibility as the applicant to obtain will serve letters from all utility companies that will be serving my development. I/we understand that we will bear the sole cost of any upgrades, transmission improvements needed to serve my development as required by the utility companies.  I/we agree that all structures utilized for Commercial Cannabis Businesses will be planned and built in accordance with applicable Building Codes and to the satisfaction of the City.  I/we understand that the information I provide with my application may be released as required by law, judicial order, or subpoena, and could be used in a criminal prosecution.
 I/we agree to defend, indemnify, and hold harmless the City from any defense costs, including attorneys’ fees or other loss connected with any legal challenge brought as a result of the City’s review and/or approval of this license issuance. I/we agree to execute a formal agreement to this effect on a form provided by the City and available for my inspection.  I/we understand that the application fee is non‐refundable even if I cancel my application or it is denied during the process.  I/we acknowledge that without a complete application package my application may be delayed.  I/we recognize that the Community Development Department and Police Chief reserves the right to request additional information if necessary to complete review or processing of the application, and confirm or promote conformance to ordinance‐specific requirements and standards.
 I/we authorize the City, its agents, and employees to seek verification of the information contained within the application including a background check of the applicant and all employees and independent contractors.

Printed Name Signature Date
Printed Name Signature Date

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Background Investigation Packet
(Must be completed prior to application submittal)

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17.A.

AGENDA

STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: GENERAL BUSINESS SUBJECT:

Award of a contract to Sage Construction and Development of Tulare, CA in the amount of $601,630.04 for the Civic Auditorium Acoustic Ceiling Texture Replacement, Hardwood Floor Installation, and Interior Painting Project, including the additive alternate bid item for the Hardwood Floor replacement in the Lobby of the Auditorium and Appropriation of an additional $113,254 from the General Fund to fully fund the project including the 10% contingency.

RECOMMENDATION:

Recommendation:

That the City Council, by motion:

1. Award a construction contract to Sage Construction and Development, LLC, of Tulare, CA in the amount of $601,630.04 for the FY22/23 Civic Auditorium Acoustic Ceiling Texture Replacement, Hardwood Floor Installation, and Interior Painting Project including Additive Alternate Bid Item to replace the Hard Wood Flooring in the Auditorium Lobby.

2. Establish a construction contingency of $60,000 (10%).

3. Advance and transfer an appropriation from the Accumulated Capital of $64,280 from FY25 0004-822604 Civic Sewer Main Replacement.

4. Appropriate an additional $113,254 from the General Fund in order to fully fund the project.

BACKGROUND:

This project provides for improvements to the main auditorium and lobby to the Civic Auditorium building located at 400 N. Douty Street. The work includes to remove and replace all existing acoustic ceiling and wall texture, prepare and paint the interior walls and trim in the main hall, and install new hardwood flooring over the existing hardwood flooring in the main hall and West Wing.

The project has a base bid with an added alternate bid item to remove and replace the flooring in the lobby of the building.

In accordance with bidding procedures, bids were solicited and opened on January 23, 2018 for the Civic Auditorium Exterior Painting Project. A total of three (3) responsive bids were received, ranging from a low base bid of $586,300.04 from Sage Construction, to a high base bid of $820,000.00. A copy of the bid tabulations is attached.

The contract stipulates that the Project be completed within forty-five (45) calendar days from the date of the Notice to Proceed. If approved, work on this project is prescheduled to begin on January 2, 2024 and be completed by April 30, 2024.

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FISCAL IMPACT:

The FY23 Capital Budget provides $484,096.91 for construction, including contingencies remaining as of the date of this report. An additional $113,254 from the General Fund Account, in addition to the $64,280 appropriation advance and transfer is requested for total appropriation of $661,630.91.

ATTACHMENTS:

1. Bid Schedule for Civic Ceiling-Floor-Paint

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FY 22/23 Civic Auditorium Ceiling, Flooring, and Painting Project 21040000-823606
123

BASE BID ITEMS QUANTITY UNIT
1 Mobilization, Miscellaneous Site Facilities/Ops 1 LS 26,012.80 $47,847.53 $47,847.53 $20,000.00 $20,000.00 2 Remove and Replace Acoustical Ceiling Texture 18,854 SF 299,740.25 $15.74 $296,761.96 $12.00 $226,248.00 3 Prepare and Install Hardwood Floor (Main & West W 11,448 SF 210,893.14 $20.66 $236,515.68 $34.00 $389,232.004 Prepare and Paint walls, trim, doors, etc. 1 LS 49,653.85 $63,917.00 $63,917.00 $184,520.00 $184,520.00 $586,300.04 $645,042.17 $820,000.00
Total written in Bid if discrepancy exists $644,986.61ADDED ALTERNATE BID ITEMS A1 Prepare and install Hardwood Floor (Lobby) 1,022 SF $15,330.00 $25.53 $26,091.66 $59.70 $61,013.40 Total written in Bid if discrepancy exists $26,087.60Combined Award Amount $601,630.04 $671,133.83 $881,013.40Total written in Bid if discrepancy exists $671,074.21 Low Bid
Sage Construction &
Development LLC Better Enterprises, Inc Color New Co.

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17.B.

AGENDA

STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: GENERAL BUSINESS SUBJECT:

Approval of the establishment of a sport field permit fee to be set at $2.50 per field hour effective on July 1, 2024 with an allowance of a fee reduction (offset) of up to 25% based on repairs and maintenance provided by the sports leagues.

RECOMMENDATION:

Recommendation: The Council, by motion, approve the field permit fees of $2.50 per field hour, effective on July 1, 2024.

BACKGROUND:

The City of Hanford manages three sports complexes providing youth and adult sports venues.

Those complexes include the Youth Athletic Complex (YAC), the Hanford Soccer Complex(Som Com), and the Hanford Softball Complex.

During the February 7, 2023 meeting, the Council formally approved the formation of the Field Sports Advisory Committee (FSAC). The purpose of FSAC is:
• Comprised of all Hanford field sports organizations
• Partner with the City to develop and manage fields
• Advisory to the Parks and Recreation Commission
• Unified advocacy for field sports
• Development of fair and equitable field permit fee process The FSAC youth sports organizations are:
• Hanford Youth Baseball
• Hanford Youth Softball
• Hanford Youth Soccer League (HYSL)
• United Football and Cheer
• Rebels Football and Cheer
Collectively, these sports organizations serve over 2,635 youth annually.

An analysis of the utility (water and electricity) expenses for fiscal year 22/23 of the three sports complexes is as follows:

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The California Public Utility Commission (CPUC) predicts that utility rates will go up an average of

3.5% to 4.7% per year for customers through 2030.

Historically, the City of Hanford has not imposed a field permit fee to use the facilities. A field permit fee analysis was conducted of ten other Central Valley cities.

Field Permit Fee Analysis
October 3, 2023, City Council Meeting
At the City Council meeting on October 3, 2023, the item to adopt the Field Sports Advisory Committee (FSAC) formation, approval of the Field Permitting Process, and associated fees was presented to the Council. Concluding the staff presentation questions by the Council, there were concerns regarding the fee structure and input from the entire FSAC group. A motion to table the item passed by a 4-1 vote.

October 19, 2023, FSAC Meeting
On October 19, 2023, an FSAC meeting was held with all the sports groups represented. Below is a summary of that meeting:
• The overall goal is to reach a 25% cost-recovery rate within the next 3-5 years • Each sport and facility is unique and operates differently • Need to collect and reconcile field permit fees bi-annually (January to June and July to December)

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• Continuance of a separate fee structure for tournaments • Travel ball field permit fees need to be analyzed and established • Need for adjustments for Hanford Youth Softball due to the operations and diverse revenue streams at the Hanford Softball Complex
• It is best to start with one fee (with or without lights) • Two ways to calculate field permit fees: Per hour and per player. • Develop a process to offset each organization's expenses (not sweat equity). Receipts must be provided.

Offsets can include:

1. Repairs - sprinklers, lights, equipment, pest control, fence and facility repairs

2. Maintenance - pest control, fertilizer & herbicide, gasoline

3. Facilities - Porta Potty rental (Rotary Field), bleachers, concessions/restrooms • There is robust support for a potential ballot measure dedicated to parks, open spaces, and sports facilities.

Also, during that meeting, clarification on the number of fields per specific area within the YAC was discussed. A substantial concession on behalf of the City was agreed upon that significantly reduced the number of field hours during baseball season.

The following steps for each sports organization were to confer with their respective boards on the proposed field permit fees.

In the weeks following the October 19th FSAC meeting, staff met and communicated with the FSAC member groups to discuss and refine the proposed field permit fee structure. Four (4) of the five (5) FSAC groups agree with the proposed field permit fee structure based on those discussions.

Based on the projected number of annual field hours per sports organization, the financial impact is reflected in the table below:

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Staff thanks all of the field sports organizations, especially Ami Minor with Hanford Youth Baseball, for preparing the Excel spreadsheets to calculate the proposed field permit fees.

Update on the YAC Concession/Restroom Replacement Project The staff has worked closely with Hanford Youth Baseball to finalize the restroom/concession building design and has received price quotes on prefabricated buildings. A Request for Proposals (RFP) will be released shortly to obtain bids from local building contractors. Once it is determined the most cost-effective method, we move forward with the project.

Summary
Based on the FSAC meetings and ensuing discussions, staff recommends the following field permit fee structure to take place on July 1, 2024 (due to the timing of the Spring sports player registration period, which has passed, and to provide ample time for each sports group to prepare).

Proposed Field Permit Fees:

1. A field permit fee of $2.50 per field per hour (with or without lights) based on actual field usage.

2. Two biannual field permit seasons:
• Fall: (July 1 to December 31)
• Spring: (January 1 to June 30)

1. Invoices for the Fall season will be reconciled by January 30, and the Spring season will be reconciled by July 30 annually.

2. A reduction (offset) in field permit fees of up to 25% can be requested based on receipts for repairs and maintenance purchases.

3. Future field permit fees will be included within the Master Fee Schedule proposed to the Council during the annual budgeting process.

FISCAL IMPACT:

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The proposed field permit fees will provide the General Fund with a new revenue source to offset expenses of approximately $33,158 annually.

ATTACHMENTS:

None

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17.C.

AGENDA

STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: GENERAL BUSINESS SUBJECT:

Review and Approval of the 2024 Calendar of City Council Meetings RECOMMENDATION:

Recommendation: That the City Council review the 2024 calendar of scheduled meetings for the City Council and direct staff to cancel or reschedule any specific dates.

BACKGROUND:

Over the course of each calendar year, due to holidays or City events, there are occasionally conflicts with the City Council meetings. In the past, the Council has requested that staff bring forth a calendar for next year's meetings to review and determine if any should be canceled or rescheduled.

Providing staff with advance notice of changes to meeting dates allows them to prepare in advance for anticipated deadlines and to place items on an agenda in an efficient manner.

Based on the initial review of the 2024 Calendar, staff is recommending that the Council approve the cancelation of the January 2nd and September 3rd Council meetings. These meetings occur right before or after holidays, which typically involve travel for staff and/or Council member, and it is difficult to plan agendas around such holidays.

FISCAL IMPACT:

ATTACHMENTS:

1. 2024 Meeting Calendar

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CITY COUNCIL REGULAR MEETING @ 7:00 PM HOLIDAYS- CITY HALL CLOSED PLANNING COMMISSION @ 5:30 P.M. PARKING & TRAFFIC COMMISSION @ 5:30 P.M.

PARKS & RECREATION COMMISSION
@ 5:30 P.M.

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JANUARY FEBRUARY

SCHEDULED MEETINGS

HANFORD CITY COUNCIL & COMMISSIONS
2024
All Meetings are held at: City Council Chambers, 400 N. Douty, Hanford, CA (Civic Auditorium) C:\Users\nortega\Desktop\2024 Meeting Calendar

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17.D.

AGENDA

STAFF REPORT
MEETING DATE: 12/5/2023 AGENDA SECTION: GENERAL BUSINESS SUBJECT:

Approval of the Amended and Restated City Manager Employment Agreement RECOMMENDATION:

Recommendation: It is recommended that the City Council, by motion, approve the attached Fourth Amended and Restated Employment Agreement for Mario A. Cifuentez, II and authorize the Mayor to execute the Agreement.

Recommended Motion: I move that the City Council approve and the Mayor be authorized to execute the City Manager's Fourth Amended and Restated Employment Agreement.

BACKGROUND:

The City Council has completed its annual evaluation of City Manager Cifuentez. The attached Fourth Amended and Restated Employment Agreement (Amended Agreement) was prepared as a result of the evaluation.

The Amended Agreement changes the terms of the City Manager's employment as follows:
• Term: The term of the Agreement is extended by 1 year, through November 18, 2026. • Salary:
o Mr. Cifuentez's total annual salary will, effective November 27, 2023, increase by 2% from $220,608.00 to $225,038.00, which is consistent with the terms negotiated by the Executive Management Employees' Association (EMEA). The increase eliminates compaction between the City Manager's compensation and the compensation of other employees. This compensation amount includes allowances for automobile, phone, and technology costs. o Mr. Cifuentez's annual salary will subsequently increase by an additional 2% to $229,561 .00, effective the first pay-period in July 2024. This increase is consistent with the compensation adjustment that EMEA members will receive.
• Longevity Pay: Effective November 27, 2023, Mr. Cifuentez is entitled to 5% Longevity Pay provided to EMEA members as outlined in the Compensation and Benefit Summary for the Executive Management Employees Association.

All other terms of the Employment Agreement remain unchanged.

Clean and redline versions of the Amended Agreement are attached. The redline version highlights

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the changes made to the Third Amended and Restated Employment Agreement to create the new document.

FISCAL IMPACT:

ATTACHMENTS:

1. 2023.11.27 Fourth Amended and Restated Employment Agreement - red line

2. 2023.11.27 Fourth Amended and Restated Employment Agreement - final

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.F Ol Rill AMENDED AND RESTATED EMl'LOYMENT AGREEMENT
*****
This fourth.Amended and Restated Employment Agreement ("Amended Agreement") is made and entered into the 5th .. day of Decembei;, 202 by and between the City of Hanford, California, a municipal corporation ("City"), and Mario A. Cifuentez, II ("Employee").

SECTION 1. DUTIES.

City hereby employs Employee as City Manager to perform the functions and duties specified in the laws of the State of California and Ordinances and Resolutions of the City and to perform such other duties and functions as the Hanford City Council ("Council") shall from timeto-time assign.

SECTION 2. TERM OF AMENDED AGREEMENT.

The term of Employee's Employment Agreement dated November 5, 2019 commenced on I Deleted: T
j Deleted: HIRD ~
j Deleted: Third -! Deleted: 3''
~ Deleted: August ! Deleted: 2 I
November I 8, 2019 ("Commencement Date") and shall continue through November 18, 202§.. __ _ -----I Deleted: s This Amended Agreement shall commence on Decembec. ~ 202l and will continue through ! ;---- Deleted: August ---~~~------.....:

November 18, 202 or until terminated as set forth below. ( Deleted: 3 -----------~ SECTION 3. TERMINATION OF AGREEMENT.

A. Employee shall serve at the pleasure of the Council and shall be an "AT-WILL" employee of City and may be terminated with or without cause.

B. This employment relationship may be terminated as follows:
(1) Automatic termination upon expiration of this Amended Agreement. (2) By Employee, with prior written notice to City of at least thirty (30) calendar days.
(3) By City, without cause, upon City's cash payment to Employee, subject to withholdings, of a severance amount equal to nine (9) months of aggregate then-current annual salary if Employee is terminated without cause; provided however, in accordance with California Government Code Section 53260, the severance amount will not exceed an amount equal to Employee's then-current monthly salary multiplied by the number of months remaining on the unexpired term of this Amended Agreement. ( 4) By City, without payment of any severance or additional compensation past the termination date, for any cause for disciplinary action under the City's Policy of Administration for Executive Management Employees ("Executive Management Policy"), as well as any of the following:
a. Act of immoral or unprofessional conduct;
Page I of6
1~ ed:2
f Deleted: s

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b. Violation of or refusal to obey any federal, state, or municipal laws or regulations;
c. Conviction of a felony;
d. Material breach of this Amended Agreement; or
e. Such other action as may be inconsistent with Employee's duties under this Amended Agreement.

C. Notwithstanding the foregoing provisions, Employee's employment shall not be terminated, other than for cause, during or within a period of one hundred eighty (180) calendar days following the date of a regular election for one ( 1) or more seats on the Council.

D. Employee shall remain in the exclusive employ of City and shall not accept other employment until such time as Employee resigns or is terminated by City, or upon written approval of City.

SECTION 4. COMPENSATION.

In exchange for the services provided by Employee under this Amended Agreement, effective tht..P.~Y-•Qeriod that agreement is,i:!!llencted (November 27, 20231 City_~Hl.2~Y.§~.P!())'~.t". .. --- an annual salary of TWO HUNDRED TWENTY-FIVE THOUSAND, THIRTY- IGHT -- DOLLARS ($22~ 00), which includes an automobile aHowance of FIVE HUNDRED DOLLARS ($500.00) per month and a cellular phone/technology allowance of ONE HUNDRED DOLLARS ($100.00) per month, to be paid in installments at the same time other employees of City are paid. Such compensation shall be adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs. Adjustments to Employee's compensation shal) occur only through the amendment of this Amended Agreement.

Emplo ee shall receive an additional two percent ( 2% 1 increase effective the first full pa\ - period in Julv 2024. consistent with the waee increase described in the Compensation and Benefit Summar. for the Executive Mana!!ement Emplm ees Association_ Emnloyees annual salary will be increased to TWO HUNDRED AND TWENTY-NINE THOUSAND. FIVE HUNDRED AND SIXTY ONE DOLLARS 229 561.00 which includes the automobile and cellular/technolqgy allowance as noted above. ,
SECTION 5. BENEFITS.

A. A. City shall provide Employee with eighty (80) hours of Management Leave.

It is preferred that Management Leave be used as time off. Employee may also cash out up to sixty-four (64) hours of their Management Leave or convert all or a portion of their leave to deferred compensation. Any Management Leave hours not taken by Employee by PP025 will be compensated their cash out balance, up to sixty-four (64) hours if available in PP026. Management Leave shall not be carried over to a new calendar year. Upon separation from the City, Employee shall be compensated the cash out balance, up to sixty-four (64) hours if available. The terms of the Management Leave Plan is described in the Compensation and Benefit Summary for the

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Deleted:

Deleted: first full pay period in August, 2022, City _ __ -=< Deleted: SIX HUNDRED AND
Deleted: 0,608
- - - --
j Deleted: __J
~ eleted: _ ___J
I~ E~ OOI in 2023,

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Executive Management Employees Association.

B. City will enroll Employee in the Public Employees' Retirement System ("CalPERS"). Employee shall pay, at his sole cost, the full employee contribution to CalPERS.

To the extent pennitted by Ca]PERS, City will maintain, in effect, the 3%@ 60 PERS retirement program for Employee as a Classic CalPERS member.

C. City will provide tenn life insurance for Employee in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00).

E. Health, dental, and vision insurance coverage offered to the members of the Executive Management Employment Association shall be available to Employee.

F. Employee is eligible to received matched employer contributions for deferred compensation up to SEVENTY-FIVE AND NO/I 00 DOLLARS ($75.00) per pay period.

G. Effective the pav-period that agreement is amended ( 'ovember 27. 2023). - J
~ w,Jovee is elieibl<,:_ for five egcent (5%) Lon'-!evit, Pa benefits 11Jovidcd tQ Executive ___ .. --(._De_ le_te_d_:E ___ __________ _, Emplo) ees as outlined in the Compensation and Benefit Summar\ for the Executive Manal!ement EmplO\ees Association.

SECTION 6. LEA VE.

A. Employee shall accrue vacation leave at the rate of six and 16/100 (6.16) hours per bi-weekly pay period (160 hours annually). Upon tennination of this Amended Agreement, voluntarily or involuntarily, Employee will be compensated for all accrued vacation time.

B. Employee shall accrue sick leave at three and 69/100 (3.69) hours per bi-weekly pay period (96 hours annually). Upon termination of this Amended Agreement, Employee shall forfeit all accumulated sick leave. Upon retirement, Employee may convert unused sick leave pursuant to Government Code Section 20826.8, as may be amended.

C. The use and accumulation of vacation and sick leave shall be limited in the manner described in Executive Management Policy. Any City Manager approval required under the Executive Management Policy shall, however, require City Council approval for purposes of this Amended Agreement.

D. Except in an emergency, Employee will not be required to work on the holidays identified in the Executive Management Policy.

SECTION 7. PERFORMANCE EVALUATION.

A. The Council shall perform an evaluation at the one (1) year anniversary of the Commencement Date. Thereafter, City will annually evaluate Employee's performance.

B. Depending on the results of an evaluation, the parties may amend this Amended Agreement to adjust Employee's compensation to reflect Employee's performance; for example, the Council's finding of employee's positive performance may result in the increase of Employee's

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salary or other compensation. Employee acknowledges that he is not entitled to any automatic increases in compensation, and adjustments to Employee's compensation are within the Council's sole discretion.

C. All evaluations will utilize a process, form, criteria, and format selected by the Council. A written evaluation shall be completed and delivered to Employee within thirty (30r calendar days after the completion of the Council's evaluation of Employee.

D. This provision does not limit Council's authority to perform additional evaluations of Employee's performance if necessary, including closed session items related thereto.

SECTION 8. PROFESSIONAL DEVELOPMENT.

City shall annually budget and allocate sufficient funds to pay the expenses of Employee's travel and subsistence while representing City at the Annual International City/County Management Association Conference, the Annual League of California Cities Conference, conferences of the City Managers' Department of the League of California Cities, and conferences or meetings of state committees or commissions upon which Employee serves as a member, said membership on said committees or commissions being subject to the approval of the Council, and for such other official meetings and/or travel as are reasonably necessary for Employee to carry out his responsibilities as City Manager.

SECTION 9. CREDIT CARD.

City will provide to Employee a State of California purchasing card (CalCard) that Employee may utilize for City-related expenses. Employee shall only use City's CalCard for Cityrelated business and in accordance with State law and regulations and the City's purchasing card policy, the terms of which are incorporated herein by reference. Any misuse of City's CalCard shall be grounds for discipline, including surrender of CalCard and/or immediate termination of employment for cause. Any legal expenses incurred by the City as a result of Employee's misuse ofCalCard shall be reimbursed by Employee.

SECTION 10. EMPLOYEE'S DUTY TO REIMBURSE CITY.

A. If City terminates Employee without cause and Employee receives a severance amount pursuant to Section 3.8.(3) of this Amended Agreement and Employee is convicted of a crime involving abuse of his office or position, as defined by California Government Code Section 53243.4, as may be amended, Employee shall immediately reimburse City the full severance amount that Employee received from City.
8 . Employee acknowledges that this Amended Agreement is subject to California Government Code Sections 53243-53243.4, the terms of which are incorporated herein by reference, that require Employee to reimburse City for certain City expenditures if Employee is convicted of a crime involving abuse ofhis office or position, as defined by California Government Code Section 53243.4. Employee will promptly reimburse City if required to do so pursuant to California Government Code Sections 53243-53243.4, and if Employees fails to immediately reimburse City, Employee will pay attorneys' fees and costs to City for the cost of litigation to Page4 of6

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recover said amounts subject to California Government Code Section 53243.4.

SECTION 11. BONDING.

City shall bear the full cost of any fidelity or other bonds ( or equivalent coverage) required of Employee under any law or ordinance.

SECTION 12. NOTICES.

Notices pursuant to this Amended Agreement shall be in writing given by deposit in the custody of the United Stated Postal Service (certified mail, return receipt requested) or deposit in the custody ofa nationally recognized delivery service, addressed as follows:

CITY:

City of Hanford
Attn: Mayor
319 N. Douty Street
Hanford, CA 93230
EMPLOYEE:

Mario A. Cifuentez. II
Alternatively, notices required pursuant to this Amended Agreement may be personally served in the same manner as is applicable to the civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission of the United States Postal Service or nationally recognized delivery service.

SECTION 13. MISCELLANEOUS PROVISIONS.

A. The text of this Amended Agreement and the documents incorporated herein by reference shall constitute the entire agreement between the parties, and supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of Employee by City. Each party to this Amended Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Amended Agreement shall be valid or binding on either party.

B. This Amended Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Amended Agreement shall not be assignable.

C. If any provision, or any portion thereof, contained in this Amended Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Amended Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

D. Any modification of this Amended Agreement will be effective only if it is in writing and signed by both Employee and City.

E. No waiver or any breach of any term, condition or provision of this Amended

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Agreement shall constitute a waiver of any other breach of any other term, condition or provision and no consent ofone (I) party to any departures by the other shall be effective unless such waiver shall be in writing and shalJ be signed by the non-waiving party or a duly authorized agent thereof and the same shall be effective only for a period, on the conditions, and for the specific instances and purposes specified in such writing.

F. This Amended Agreement shall be governed by the Jaws of the State of California.

The venue for any and all litigation arising from this Amended Agreement shall be in the Superior Court for the County of Kings, California, if in state court, or the United States District Court, Eastern District of California, if in federal court.

G. In the event legal action is brought to enforce this Amended Agreement, the party prevailing in such action shall be entitled to his/its reasonable attorneys' fees and costs, which will be paid by the non-prevailing party, except as to enforce Section 10, which contains its own attorneys' fee provision.

H. In the event ofa conflict between this Amended Agreement and any other City rule, regulation, policy, practice, or procedure, this Amended Agreement shall control.

IN WITNESS WHEREOF, the parties have executed this Amended Agreement in Hanford, Kings County, California.

APPROVED AS TO FORM:

GRISWOLD. LaSALLE. COBB.

DOWD & GIN, L.L.P., City Attorneys
By: -----------
TYN. MIZOTE

CITY OF HANFORD
By: ------------ TRAVIS PADE,
Mayor

EMPLOYEE
By: ----------- MARIO A. CIFUENTEZ, II
ATTEST
By: -----------

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NAT ALIE CORRAL
City Clerk
Deleted: KALISH MORROW

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FOURTH AMENDED AND REST A TED EMPLOYMENT AGREEMENT
* * * * *
This Fourth Amended and Restated Employment Agreement ("Amended Agreement") is made and entered into the 5th day of December, 2023, by and between the City of Hanford, California, a municipal corporation ("City"), and Mario A. Cifuentez, II ("Employee").

SECTION 1. DUTIES.

SECTION 2. TERM OF AMENDED AGREEMENT.

The term of Employee's Employment Agreement dated November 5, 2019 commenced on November 18, 2019 ("Commencement Date") and shall continue through November 18, 2026.

This Amended Agreement shall commence on December 5, 2023 and will continue through November 18, 2026, or until terminated as set forth below.

SECTION 3. TERMINATION OF AGREEMENT.

A. Employee shall serve at the pleasure of the Council and shall be an "AT-WILL" employee of City and may be terminated with or without cause.

B. This employment relationship may be terminated as follows:
(1) Automatic termination upon expiration of this Amended Agreement. (2) By Employee, with prior written notice to City of at least thirty (30) calendar days.
(3) By City, without cause, upon City's cash payment to Employee, subject to withholdings, of a severance amount equal to nine (9) months of aggregate then-current annual salary if Employee is terminated without cause; provided however, in accordance with California Government Code Section 53260, the severance amount will not exceed an amount equal to Employee's then-current monthly salary multiplied by the number of months remaining on the unexpired term of this Amended Agreement. (4) By City, without payment of any severance or additional compensation past the termination date, for any cause for disciplinary action under the City's Policy of Administration for Executive Management Employees ("Executive Management Policy"), as well as any of the following:
a. Act of immoral or unprofessional conduct;

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D. Employee shall remain in the exclusive employ of City and shall not accept other employment until such time as Employee resigns or is terminated by City, or upon written approval of City.

SECTION 4. COMPENSATION.

In exchange for the services provided by Employee under this Amended Agreement, effective the pay-period that agreement is amended (November 27, 2023), City will pay Employee an annual salary of TWO HUNDRED TWENTY-FIVE THOUSAND, THIRTY-EIGHT DOLLARS ($225, 038.00), which includes an automobile allowance of FIVE HUNDRED DOLLARS ($500.00) per month and a cellular phone/technology allowance of ONE HUNDRED DOLLARS ($100.00) per month, to be paid in installments at the same time other employees of City are paid. Such compensation shall be adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs. Adjustments to Employee's compensation shall occur only through the amendment of this Amended Agreement.

Employee shall receive an additional two percent (2%) increase effective the first full payperiod in July 2024, consistent with the wage increase described in the Compensation and Benefit Summary for the Executive Management Employees Association. Employees annual salary will be increased to TWO HUNDRED AND TWENTY-NINE THOUSAND, FIVE HUNDRED AND SIXTY ONE DOLLARS ($229,561.00), which includes the automobile and cellular/technology allowance as noted above.

SECTION 5. BENEFITS.

A. A. City shall provide Employee with eighty (80) hours of Management Leave.

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Executive Management Employees Association.

B. City will enroll Employee in the Public Employees' Retirement System ("CalPERS"). Employee shall pay, at his sole cost, the full employee contribution to CalPERS.

To the extent permitted by CalPERS, City will maintain, in effect, the 3%@ 60 PERS retirement program for Employee as a Classic CalPERS member.

C. City will provide term life insurance for Employee in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00).

E. Health, dental, and vision insurance coverage offered to the members of the Executive Management Employment Association shall be available to Employee.

F. Employee is eligible to received matched employer contributions for deferred compensation up to SEVENTY-FIVE AND NO/100 DOLLARS ($75.00) per pay period.

G. Effective the pay-period that agreement is amended (November 27, 2023), employee is eligible for five percent (5%) Longevity Pay benefits provided to Executive Employees as outlined in the Compensation and Benefit Summary for the Executive Management Employees Association.

SECTION 6. LEA VE.

A. Employee shall accrue vacation leave at the rate of six and 16/100 ( 6.16) hours per bi-weekly pay period (160 hours annually). Upon termination of this Amended Agreement, voluntarily or involuntarily, Employee will be compensated for all accrued vacation time.

D. Except in an emergency, Employee will not be required to work on the holidays identified in the Executive Management Policy.

SECTION 7. PERFORMANCE EVALUATION.

A. The Council shall perform an evaluation at the one (1) year anniversary of the Commencement Date. Thereafter, City will annually evaluate Employee's performance.

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C. All evaluations will utilize a process, form, criteria, and format selected by the Council. A written evaluation shall be completed and delivered to Employee within thirty (30) calendar days after the completion of the Council's evaluation of Employee.

D. This provision does not limit Council's authority to perform additional evaluations of Employee's performance if necessary, including closed session items related thereto.

SECTION 8. PROFESSIONAL DEVELOPMENT.

SECTION 9. CREDIT CARD.

City will provide to Employee a State of California purchasing card (CalCard) that Employee may utilize for City-related expenses. Employee shall only use City's Cal Card for Cityrelated business and in accordance with State law and regulations and the City's purchasing card policy, the terms of which are incorporated herein by reference. Any misuse of City's Cal Card shall be grounds for discipline, including surrender of CalCard and/or immediate termination of employment for cause. Any legal expenses incurred by the City as a result of Employee's misuse of Cal Card shall be reimbursed by Employee.

SECTION 10. EMPLOYEE'S DUTY TO REIMBURSE CITY.

A. If City terminates Employee without cause and Employee receives a severance amount pursuant to Section 3.B.(3) of this Amended Agreement and Employee is convicted of a crime involving abuse of his office or position, as defined by California Government Code Section 53243.4, as may be amended, Employee shall immediately reimburse City the full severance amount that Employee received from City.

B. Employee acknowledges that this Amended Agreement is subject to California Government Code Sections 53243-53243.4, the terms of which are incorporated herein by reference, that require Employee to reimburse City for certain City expenditures if Employee is convicted of a crime involving abuse of his office or position, as defined by California Government Code Section 53243.4. Employee will promptly reimburse City if required to do so pursuant to California Government Code Sections 53243-53243.4, and if Employees fails to immediately reimburse City, Employee will pay attorneys' fees and costs to City for the cost of litigation to

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recover said amounts subject to California Government Code Section 53243.4.

SECTION 11. BONDING.

City shall bear the full cost of any fidelity or other bonds ( or equivalent coverage) required of Employee under any law or ordinance.

SECTION 12. NOTICES.

Notices pursuant to this Amended Agreement shall be in writing given by deposit in the custody of the United Stated Postal Service ( certified mail, return receipt requested) or deposit in the custody of a nationally recognized delivery service, addressed as follows:

CITY:

City of Hanford
Attn: Mayor
319 N. Douty Street
Hanford, CA 93230
EMPLOYEE:

Mario A. Cifuentez, II
Alternatively, notices required pursuant to this Amended Agreement may be personally served in the same manner as is applicable to the civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission of the United States Postal Service or nationally recognized delivery service.

SECTION 13. MISCELLANEOUS PROVISIONS.

B. This Amended Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Amended Agreement shall not be assignable.

D. Any modification of this Amended Agreement will be effective only if it is in writing and signed by both Employee and City.

E. No waiver or any breach of any term, condition or provision of this Amended

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Agreement shall constitute a waiver of any other breach of any other term, condition or provision and no consent of one (1) party to any departures by the other shall be effective unless such waiver shall be in writing and shall be signed by the non-waiving party or a duly authorized agent thereof and the same shall be effective only for a period, on the conditions, and for the specific instances and purposes specified in such writing.

F. This Amended Agreement shall be governed by the laws of the State of California.

H. In the event of a conflict between this Amended Agreement and any other City rule, regulation, policy, practice, or procedure, this Amended Agreement shall control.

IN WITNESS WHEREOF, the parties have executed this Amended Agreement in Hanford, Kings County, California.

APPROVED AS TO FORM:

GRISWOLD, LaSALLE, COBB,
DOWD & GIN, L.L.P., City Attorneys
By:

TYN. MIZOTE

CITY OF HANFORD
By: ----------- - -- TRAVIS PADEN
Mayor

EMPLOYEE
By: ------- - - ----- MARIO A. CIFUENTEZ, II
ATTEST
By:

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NATALIE CORRAL
City Clerk

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Council Future Agenda Items
Originated
Date Item Originator Staff Lead Date Estimate
8/15/2023 Municipal Code Amendments to
modify the chapter related to murals
and consider and adopt a policy to
approve murals at the administrative
level.

Council
Direction
Jason Waters 1/16/2024
10/17/2023 Review and Discussion of the various
elements and criteria of the Historic
Overlay Zone and direction from
Council on potential amendments
Council
Direction
Jason Waters 1/16/2024
11/7/2023 Council discussion regarding the
creation of a CFD to fund the
expansion of Hidden Valley Park and
citywide park maintenance
Council
Direction
Various Staff 1/16/2024

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Hanford City CouncilDecember 5, 2023

Hanford City Council
December 5, 2023