Hanford City Council
November 5, 2024

9/30/20249/23/2024
Job No.

BMO HANFORD
Owner Approval
230 W 7TH STHANFORD, CA 93230
BMO
Scale
DELTAISSUEDATEDESCRIPTION2024 KIMLEY-HORN AND ASSOCIATES, INC.401 B STREET, SUITE 600, SAN DIEGO, CA 92101PHONE: 619-234-9411WWW.KIMLEY-HORN.COM DESIRED USE RATEMAXIMUM ALLOWABLE ECeINCREASE FROM AMENDMENTCu. Yds.AmendmentPer 1000 Sq.Ft. forIncorporationto 6" depthVolumepercentage ofamendment1 dS/m2 dS/m3 dS/mMaximum ECe of Compost15142842 21171421 31659.514 4223.57.010.55273.05.58.5 6322.54.57.0 SECTION 329300PLANTSPART 1 - GENERAL1.1 DESCRIPTIONA. Provide planting work and planting maintenance complete as shown on thedrawings and as specified including staking and layout of the landscaping,1.2 QUALITY ASSURANCEA. Reference Standards:1. Ordinances and Regulations: All local, municipal and state laws, codesand regulations governing or relating to all portions of this work are herebyincorporated into and made a part of these Specifications. Anythingcontained in these Specifications shall not be construed to conflict withany of the above codes, regulations or requirements of the same.However, when these Specifications and Drawings call for or describematerials, workmanship or construction of a better quality, higher standardthan is required by the above mentioned codes and regulations, theprovisions of these Specifications and Drawings shall take precedence.Furnish without extra charge additional materials and labor required tocomply with above rules and regulations.2. CONTRACTOR shall be familiar with and follow the State of CaliforniaModel Water Ordinance, California Code of Regulations, Title 23 Waters,Division 2, Department of Water Resources, Chapter 2.7. Also, theCONTRACTOR is responsible to follow all local water ordinances and theSoil Management/Analysis Report with verifying implementation.3. "Sunset Western Garden Book," Lane Publishing Co., Menlo Park,California; current edition.4. "American Standards for Nursery Stock," American Association ofNurseryman, 230 Southern Building, Washington, D.C. 20005.5. US Composting Council Compost analysis Program (CAP)6. Test Methods for the Evaluation of Composting and Compost (TMECC)7. International Society of Arboriculture, Guide for Plant Appraisal, latestversion.8. United States Composting Council (USCC) Seal of Testing Assurance(STA) program.9. TMECC: Refers to "Test Methods for the Examination of Compostingand Compost," published by the United States Department of Agricultureand the United States Compost Council (USCC).10. Manufacturer's recommendations.B. Qualifications:1. Experience: Assign a full-time employee to the job as foreman for theduration of the Contract who is certified landscape technician, certificationthrough CLCA or minimum of four (4) years experience in landscapeinstallation and maintenance supervision, with experience or training inturf management, entomology, pest control, soils, fertilizers and plantidentification.2. Labor Force: Provide a landscape installation and maintenance forcethoroughly familiar with, and trained in, the work to be accomplished toperform the task in a competent, efficient manner acceptable to theOWNER.C. Requirements:1. Supervision: The foreman shall directly supervise the work force at alltimes and be present during the entire installation. Notify Owner'sRepresentative of all changes in supervision.2. Identification: Provide proper identification at all times for landscapemaintenance firm's vehicles and a labor force uniformly dressed in amanner satisfactory to Owner's Representative. 3. Planting soils and organic amendments shall meet the AACWPrequirement for the stormwater treatment measures used with this projectwork.D. Plant Material Standards1. Quality and Size of Plants: Conform to the State of California GradingCode of Nursery Stock, No. 1 grade and American Standards for NurseryStock," American Association of Nurseryman. Use only nursery-grownstock which is free from insect pests and diseases.2. Comply with federal and state laws requiring inspection for plantdiseases and infestations. Submit inspection certificates required by lawwith each shipment of plants, and deliver certificates to the OWNER.Obtain clearance from the County Agricultural Commissioner as requiredby law, before planting plants delivered from outside the County in whichplanted.E. Testing Agency/ Soils Report: See Section 329113 SOIL PREPARATIONF. Testing Agency/ Composted Organic Amendment: See Section 329113SOIL PREPARATION1.3 SUBMITTALSA. Product Data: Manufacturer's current catalog cuts and specifications of thefollowing:1. Fertilizers2. Tree Tie and Stake3. Root Barrier4. Iron Sulfate5. Filter Fabric6. 4” Perforated PipeB. Samples: Submit following samples along with certificates of compliance /analytical data from approved laboratory for degree of compliance:1. Plants: Submit typical sample of each variety or entire quantity to sitefor approval by ENGINEER.2. Organic Mulch: Submit 1-pint sample with list of ingredients.3. Organic (Soil) Amendment: Submit 1/2-pint sample with Technical DataSheet and STA certification.4. Permeable Backfill or Drain Rock: Submit 1-pint sample.5. Imported Planting Soil: Submit 1-pint sampleC. Delivery Receipts1. Provide delivery receipts for quantities of organic soil amendmentsdelivered to the site.D. Topsoil Analysis (Soil Management) Report1. After approval of rough grading and topsoil placement, obtain minimumof two representative one quart samples of topsoil taken from acceptedsite locations at depth of 4" to 6" below finish grade and submit to anaccredited Soils Laboratory for evaluation of physical and chemicalproperties of soil including all major nutrients; pH, salinity, boron, sodium,micronutrients, copper, zinc, manganese and iron; and infiltration rate, soiltexture and organic content, along with a summary describing the degreeof compliance with the specified requirements. The report shall alsoinclude recommendations for modification of the soil for agriculturalsuitability.2. Upon request by Owner's Representative, submit documentationverifying implementation of soil analysis report recommendations to thelocal agency with Certificate of Completion as required by the State ofCalifornia Model Water Ordinance E. Subsoil Analysis1. Besides the above required soil samples, take one representativesample of any subgrade soil that is to receive a layer of imported plantingsoil over it. The laboratory report shall include the subgrade soil's totalcombined silt and clay content for determining the total desirablecombined silt and clay content of the final imported planting soil coverspecified herein.F. Imported Planting Soil Analysis1. See Imported Planting Soil Analysis requirements elsewhere in thisspecification for comparison to existing soil analysis.G. Approval of Laboratory Report1. Upon approval of the Laboratory's report by the Owner'sRepresentative, the recommendations in the report shall become a partof the Specifications and the quantities of soil amendment, fertilizer andother additives shall be adjusted to conform with the report at noadditional cost to the OWNER. Request Testing Laboratory to send onecopy of test results directly to ENGINEER. Note that there is a minimumquantity of organic amendment specified elsewhere in this specificationsection.1.4 PROJECT/SITE CONDITIONSA. Site Visit: At beginning of work, visit and walk the site with the ENGINEERto clarify scope of work and understand existing project/site conditions.1.5 WARRANTY AND REPLACEMENTA. Pre-Emergence Weed Killer: Warrant the work against weed growth for aperiod of four (4) months after application.B. Warrant all plants and planting to be in a healthy, thriving condition until theend of the maintenance period, and deciduous trees beyond that time untilactive growth is evident.C. Replace all dead plants and plants not in a vigorous condition immediatelyupon discoveryand as directed by the Owner's Representative at CONTRACTOR'sexpense. Install replacement plants before the final acceptance at the sizespecified.D. Warrant all plant material for a period of one year after final acceptance ofthe maintenance period against plant materials with defects at the time ofinstallation.E. Warrant plant installation and maintenance by CONTRACTOR againstdefects for a period of one year.PART 2 - PRODUCTS2.1 PLANTSA.Plant the variety, quantity and size indicated. The total quantity tabulated onthe drawings are considered approximate and furnished for convenienceonly. CONTRACTOR shall perform his/her own plant quantity calculationsand shall provide all plants shown on the Drawings.B.Tag plants of the type or name indicated and in accordance with thestandard practice recommended by the American Association ofNurserymen.C.Install healthy, shapely and well rooted plants with no evidence of havingbeen root-bound, restricted or deformed.D.Take precautions to ensure that the plants will arrive at the site in propercondition for successful growth. Protect plants in transit from windburn andsunburn. Protect and maintain plants on site by proper storage andwatering.E.Substitutions will not be permitted, except as follows:1.If proof is submitted to the Owner's Representative that any plantspecified is not obtainable, a proposal will be considered for use ofnearest equivalent size or variety with an equitable adjustment ofcontract price.2.Substantiate and submit proof of plant availability in writing to theOwner's Representative within 10 days after the effective date ofNotice to Proceed.F.Tree Form: Trees shall have a symmetrical form as typical for thespecies/cultivar and growth form.1.Central Leader for Single Trunk Trees: Trees shall have a single,relatively straight central leader and tapered trunk, free of codominant stems and vigorous, upright branches that compete withthe central leader. Preferably, the central leader should not havebeen headed; however, in cases where the original leader has beenremove, an upright branch at least ½ the diameter of the originalleader just below the pruning point shall be present.2.Potential Main Branches: Branches shall be evenly distributedradially around and appropriately spaced vertically along the trunk,forming a generally symmetrical crown typical for the species.3.Headed temporary branches should be distributed around andalong the trunk as noted above and shall be no greater than 3/8”diameter, and no greater than ½ diameter of the trunk at point ofattachment.G.Tree Trunk1.Trunk diameter and taper shall be sufficient so that the tree willremain vertical without the support of a nursery stake.2.Trunk shall be free of wounds (except properly-made pruning cuts),sunburned areas, conks (fungal fruiting-bodies), wood cracks,bleeding areas, signs of boring insects, galls, cankers and/orlesions.3.Tree trunk diameter at 6” above the soil surface shall be within thediameter range shown for each container size below, except whereshown otherwise:Container Trunk Diameter Soil level from Container Top24 inch Box 2.0” or larger 1.75 to 2.75”4.Tree trunks shall be undamaged and uncut with all old abrasionsand cuts completely callused over. Do not prune plants prior todelivery.H.Tree Roots1.Trunk root collar (root crown) and large roots shall be free of circlingand/or kinked roots. CONTRACTOR may be required to removesoil near the root collar in order to verify that circling and/or kinkedroots are not present.2. The tree shall be well rooted in the container. When the trunk islifted the trunk and root system shall move as one and the rootballshall remain intact.3. The top-most roots or root collar shall be within 1” above or belowthe soil surface. The soil level in the container shall be within thelimits shown in above table.4. The rootball periphery shall be free of large circling andbottom-matted roots.5. On grafted or budded trees, there shall be no suckers from the rootstock.I.Measure trees and shrubs with branches in normal position. Height andspread dimensions indicated refer to the main body of the plant, and notfrom branch tip to tip.2.2 FERTILIZERS A.Commercial fertilizer, pelleted or granular form, conform to the requirementsof Chapter 7, Article 2, of the Agricultural Code of the State of California forfertilizing materials as follows:1.21 gram planting tablets 20% Nitrogen, 10% Phosphoric Acid and5% Potash (20-10-5) available from Agriform or 10gm BestPackspackets 20% Nitrogen, 10% Phosphoric Acid and 5% Potash(20-10-5) available from Best Fertilizer Co.2.3 ORGANIC AMENDMENT FOR IN SITU SOILS (ON-GRADE):A.Ground Redwood or Ground Fir Bark with the following properties:1.Percent Passing Sieve Designation100 9.51 mm 3/8"50-606.35 mm 1/4"20-40 4.76 mm No. 40-20 2.38 mm No. 8 8 meshRedwood SawdustDry bulk density, lbs. per cu. yd., 260-280Nitrogen stabilized - dry weight basis, min. 0.4%Salinity (ECe): 4.0 maximumOrganic Content: 90% minimumReaction (pH): 4.0 minimumGround Fir and/or Pine BarkDry bulk density, lbs. per cu. yd., Min. 350Nitrogen stabilized - dry weight basis, min. 0.5%Salinity (ECe): 4.0 maximumOrganic Content: 90% minimumReaction (pH): 4.0 minimumB.Submit sample along with analytical data from an approved laboratory fordegree of compliance to the Owner's Representative within two weeksafter award of Contract.C.The above Ground Redwood or Ground Fir Bark or Ground Pine Bark(ORGANIC AMENDMENT FOR IN SITU SOILS) is the specified organicamendment material required. Acceptance of Composted Yard WasteAmendment in lieu of the above specified ORGANIC AMENDMENT FOR INSITU SOILS (ON-GRADE) material will be considered if the in situ plantingsoil salinity and soil structure is favorable for the inclusion of recycled yardwaste organic matter, as approved by the Owner's Representative. It isthe CONTRACTOR’s responsibility to secure test samples of both theplanting soil and the proposed composted yard waste amendment (2 quartsamples) and submit to Soils and Plant Laboratory for evaluation andrecommendations. The composted yard waste amendment sample shall bea grab sample from the currently available material that has been testedwithin the last 30 days and shall include the composter's CompostTechnical Data Sheet that includes lab analytical test results and directionsfor product use along with list of ingredients. The composted yard wasteamendment shall be a mixture of feedstock materials including greenmaterial consisting of chipped, shredded, or ground vegetation and mixedfood waste, or clean processed recycled wood products. Single source,Biosolids (sewage waste) compost will not be acceptable.D.Based on the Soils and Plant Laboratory evaluation, the addition ofcomposted yard waste amendment shall not be acceptable if it creates aleaching requirement.E.The addition of the compost shall result in a final ECe of the amended soilof less than 4.0 dS/m @ 25 degrees C. as determined in a saturationextract. Use the following table to determine the maximum allowable Ece(dS/m of saturation extract) of compost at desired use rate and allowableEce increase.

1.Example: Specification calls for 6 cu. Yds. Compost per 1000 sq. ft.for incorporation to 6” depth, and site soil has an ECe of 2.0. Inorder to avoid exceeding ECe of 4 in final blend, compost ECe shallbe less than 4.5 dS/m.F.Composted Yard Waste Soil Amendment Properties as follows:1.Gradation:Percent Passing by Weight Sieve Designation90 1/2"85-100 9.51 mm 3/8"50-80 2.38 mm No. 8 8 mesh0-40 500 micron No. 35 32 meshesMaximum length 4 inches2.Organic Content: Minimum 45% based on dry weight anddetermined by ash method.3.Carbon to nitrogen ratio: Maximum 35:1 if material is claimed to benitrogen stabilized.4.pH: 5.5 – 8.0 as determined in saturated paste.5.Soluble Salts: See above.6.Moisture Content: 35-60%.7.Physical Contaminants:a)The compost shall be free of contaminants such as glass,metal and visible plastic per Man Made Inert Removal andClassification: TMECC 02.02, %> 4mm fraction. Combinedtotal less than 1.0.b)Man Made Inert Removal and Classification: Sharps % >4mm fraction. (sewing needles, hypodermic needles) NonDetected.8.Pathogens: TMECC 07.01-B Fecal Coliform Bacteria <1000MPN/gram dry wt. <1000 (Pass)A. General1.Soil in all planting areas shall be moist, but not so moist that itsticks to a hand shovel, and loose and friable to a minimum depthof 12 inches with a relative maximum compaction of 85%. Rip andscarify and dry any areas that do not meet this requirement.B.Before proceeding with the work: Carefully inspect all areas and verifyall dimensions and quantities. Immediately inform the Owner'sRepresentative of any discrepancy between the drawings andspecifications and actual conditions and secure approval to proceed.C. Planting Soil Placement Adjacent to Pavement Areas:1.All debris shall be removed from the tree wells prior to soil backfilland proposed tree planting. Tree wells and structural soilexcavations shall not be contained concrete spoils from concreteinstallation. Concrete deliver trucks cleaning shall be captured inCONTRACTOR furnished containers for such purposes.2.Provide planting soil as a final lift in all planting areas within andadjacent to paved areas and other construction where native sitesoil has been covered by Owner's Representative fill and/or baserock. Remove all engineered fill, base rock and compactedsubgrade full depth of compaction and replace with approvedplanting soil, a minimum lift of 12”.D.Backfill soil for tree wells shall be amended soil equal to the native soil andclean from stones greater than 3” and all construction debris.

E.All planting areas soil shall be loose and friable prior to planting. Rip anyoverly compacted and re-compacted planting areas in two directions fulldepth of compacted soil prior to planting.F.Planting operations shall be performed only during periods when beneficialresults can be obtained. When excessive moisture or other unsatisfactoryconditions prevail, the work shall be stopped until conditions aresatisfactory.G.Thoroughly wet down the planting areas to settle the soil and confirmirrigation coverage and operation. Allow soil to dry so as to be workable asdescribed herein.H.Drag to a smooth, even surface. Grade to form all swales. Pitch grade withuniform slope to catch basins, streets, curb, etc., to ensure uniform surfacedrainage. Areas requiring grading include adjacent transition areas thatshall be uniformly sloped between finish elevations. Slope surface awayfrom walls so water will not stand against walls or buildings. Control surfacewater to avoid damage to adjoining properties or to finished work on thesite. Take required remedial measures to prevent erosion of freshly gradedareas and until such time as permanent drainage and erosion controlfeatures have been installed.I.Finish Grade: Hold finish grade and/or mulch surface in planting areas1/2-inch below adjacent pavement surfaces, tops of curbs, manholes, etc.The subgrade of the mulch in mulched planting areas shall be a minus 2inches for a distance of 12 to 18 inch from the edge of pavement. Theremainder of the planting area shall be graded to receive the required 3 inchlayer of mulch.3.2 TREE PLANTINGA.Mark tree and shrub locations on site using stakes, gypsum or similarapproved means and secure location approval by the Owner'sRepresentative before plant holes are dug. Review location of plants inrelationship to irrigation heads and adjust location(s) that interfere with thefunction of the spray heads as accepted by the ENGINEER prior to planting.B.Test drainage of plant beds and pits by filling with water (minimum 6"). Theretention of water in planting beds and plant pits for more than two (2) hoursshall be brought to the attention of the Owner's Representative. If rock,underground construction work, tree roots, poor drainage, or otherobstructions are encountered in the excavation of plant pits, alternatelocations may be selected by Owner's Representative. C.Excavate tree and shrub pits as follows (Note square Tree Pit patternrequired below):1.Excavation for Width DepthBoxed Trees Box + 18" Box depthContainer Trees (15 gc) Can +12" Can depthD.Square Tree Pits1.Tree pits shall be dug in a square pattern with pit walls scarified topromote root penetration into surrounding soil. Drilled tree pits shallbe modified to a square shape.E.Break and loosen the sides and bottom of the pit to ensure root penetrationand water test hole for drainage as required above.F.Backfill plant holes with mix as specified, free from rocks, clods or lumpymaterial. Backfill native soil free of soil amendments under rootball and foottamp to prevent settlement. Backfill remainder of the hole with soil mix andplace plant tablets or packets fertilizer 3 inches below finish grade and1/2-inch from roots at the following rates:1.Size Rate24” Box - 6 tablets or packetG.Carefully remove and set plants without damaging the rootball. Superficiallycut edge roots vertically on three sides. Remove bottom of plant boxesbefore planting. Remove sides of boxes after positioning the plant andpartially backfilling.H.Set plants in backfill with top of the rootball 2 inches above finished grade.Backfill remainder of hole and soak thoroughly by jetting with a hose andpipe section. Water backfill until saturated the full depth of the hole.I.Stake and/or guy trees as detailed and noted herein. Drive stake(s) untilsolid (at least 12" beyond bottom of rootball) and remove excess stakeprotruding above top tree tie to prevent rubbing against branches. Avoiddriving stakes through rootball. If subgrade does not accept stakes to astable degree, delete stakes and guy the trees as specified herein and asdetailed. Locate tree ties to avoid contact with tree branches. Locate top tieat tree flex point.J.Remove any soil from top of plant rootballs and secure Owner'sRepresentative's approval of rootball height prior to mulching.K.After approval of rootball height, install mulch as required below.3.3 MULCHA.Install a 3-inch layer of bark mulch per plans in planted areas (as called outon the drawings) up to edges of pavement, curbs, headers, and projectlimits. Keep mulch eight (8) inches away from tree trunks.B.Install sheet mulching underneath all areas to receive mulch with 100%complete coverage. Overlap sheets 6-8 inches.3.4 ROOT BARRIERA.Install in linear fashion along and adjacent to the edges of the planting areaas detailed or, if not shown, in accordance with manufacturer'srecommendations. Set top of barrier at finished decomposed granitesurface, as accepted by Owner's Representative. 3.6 WATERINGA.Water all trees, shrubs and ground cover immediately after planting. Applywater to all plants as often and in sufficient amount as conditions mayrequire to keep the plants in a healthy vigorous growing condition untilcompletion of the Contract. Do supplemental hand watering of trees andshrubs during the first 3 weeks of plant establishment.3.7 PRE-MAINTENANCE PERIOD REVIEW AND APPROVAL OF PLANTINGA.Maintain plants from time of delivery to site until final acceptance oflandscape installation.B.Receive approval of the installed planting prior to commencement ofplanting establishment maintenance period. Notify the Owner'sRepresentative a minimum of seven (7) days prior to requested review.Before the review, complete the following:1.Complete all construction work.2.Present all planted areas neat and clean with all weeds removedand all plants installed and appearing healthy.3.Plumb all tree stakes.4.No partial approvals will be given.3.8 PLANTING ESTABLISHMENT MAINTENANCEA.General Requirements:Maintenance Period: The planting establishment maintenance period required shallbe 120 calendar days after all planting is complete, or if the plant material is notacceptably maintained during the maintenance period. The maintenance periodmay be suspended at any time upon written notice to the CONTRACTOR that thelandscaping is not being acceptably maintained, and the day count suspended untilthe landscape is brought up to acceptable standards as determined by the Owner'sRepresentative.5.Planting establishment maintenance immediately follows, coincideswith, and is continuous with the planting operations, and continuesthrough turf installation, and after all planting is complete andaccepted; or longer where necessary to establish acceptable stands of thriving plants.6.Keep all walks and paved areas clean. Keep the site clear of debrisresulting from landscape work and maintenance operations.7.Check sprinkler systems at each watering; adjust coverage andclean and repair nonfunctioning heads immediately. Adjust timing ofsprinkler controller to prevent runoff and flooding.8.Maintain adequate moisture depth in soil to ensure vigorous growth,without over-watering. Check rootball of trees and shrubsindependent of surrounding soils and hand water as required.9.Keep Contract areas free from weeds by cultivating, hoeing or handpulling. Use of chemical weed killers will not relieve theCONTRACTOR of the responsibility of keeping areas free of weedsover 1-inch high at all times.10.One (1) Year Guarantee: Following the plant establishment period,the Contractor shall provide a warranty which guarantees all treesfor one (1) year from date of final acceptance of the contract. TheContractor shall replace any tree which has died, and the treereplacement shall be the same size container as originallydesignated on the plans.11.Should the Contractor fail, be neglectful, or be negligent infurnishing the required maintenance and/or maintaining the projectsite, the Owner may maintain these facilities. The Owner shallcharge the Contractor the cost for providing the requiredmaintenance by deducting this cost from the periodic progresspayments due the Contractor as these costs are incurred by theOwner.B.Plant Protection and Replacement1.Protect all areas against damage, including erosion, trespass,insects, rodents, deer, disease, etc. and provide proper safeguards,including trapping of rodent and applying protective sprays andfencing to discourage deer browsing. Maintain and keep alltemporary barriers erected to prevent trespass.2.Repair all damaged planted areas. Replace plants immediatelyupon discovery of damage or loss.3.Any plant material replaced within the last thirty (30) days of theplant establishment period must be maintained by the Contractorfor thirty (30) days from the date of replacementC.Tree Maintenance:1.Maintain during the entire establishment period by regular watering,cultivating, weeding, repair of stakes and ties, and spraying forinsect pests. Prune when requested by the Owner'sRepresentative. 2.Keep watering basins in good condition and weed-free at all times.3.Replace all damaged, unhealthy or dead trees, with new stockimmediately; size as indicated on the drawings.D.Fertilizing:1.Observe plant's color, and if a soil pH imbalance is suspected, takesoil samples and obtain laboratory analysis for confirmation. Takenecessary action recommended inlaboratory analysis such as top dressing with soil sulfur, leaching soil, etc.3.9 FINAL PLANTING REVIEW AND ACCEPTANCEA.At the conclusion of the Maintenance Period, schedule a final review withthe Owner's Representative, the Owner's maintenance person, and theENGINEER. On such date, all project improvements and all corrective workshall have been completed. If all project improvements and corrective workare not completed, continue the planting establishment, at no additionalcost to the OWNER, until all work has been completed. This condition willbe waived by the OWNER under such circumstances wherein the OWNERhas granted an extension of time to permit the completion of a particularportion of the work beyond the time of completion set forth in theAgreement.B.Submit written notice requesting review at least 10 days before theanticipated review.C.Prior to review, weed and rake all planted areas, repair plant basins, plumbtree stakes, clear the site of all debris and present in a neat, orderly mannerEND OF SECTION 32 93 00 PLANTING SPECIFICATIONSL301

Notice of Exemption 2024-72
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230
From: City of Hanford – Gabrielle Myers (Senior Planner) 317 N. Douty Street
Hanford, CA 93230
(559)585-2578
Project Title: HRA0015-24
Project Location –230 W Seventh St (APN 012-052-014)
Project Location – City: Hanford Project Location – County: Kings County Description of Nature, Purpose and Beneficiaries of Project: Historic Resources Permit 0015-24, a request by BMO Bank to construct exterior improvements, including a new ramp and steps to the entryway door, accessible parking striping, landscape curbs with paving, and an ATM. The property is designated as a noncontributing building within the Historic Overlay Zone.

Name of Public Agency Approving Project: City of Hanford__________________________ Name of Person or Agency Carrying Out Project: Laurence Solis – BMO Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 152698);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number: 15301 Existing Facilities Statutory Exemption. State code number:

Reasons why project is exempt:

The City of Hanford determined the project to be exempt from environmental review pursuant to Section 15301, as the project proposed consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Lead Agency Contact Person: Jason Waters Telephone: (559) 585-2590 Signature: Date: November 5, 2024 Title: Deputy City Manager Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant
Applicant Information:

Name: Laurence Solis
Address: 535 Mission Street, 14 th Floor Unit 14, San Francisco, CA 94105 Phone Number: (415) 305-6661

13.J.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of Historic Resources Permit HRA0016-24 to place fencing at the Social Security Administration building. The property is designated as a noncontributing building within the Historic Overlay Zone. The project is located at 330 N. Harris Street (APN 010-276-021).

RECOMMENDATION:

That the City Council, by motion, adopt Resolution 24-42-R approving Historic Resources Permit HRA0016-24.

RECOMMENDED MOTION: I move to adopt Resolution 24-42-R approving Historic Resources Permit HRA0016-24.

PROJECT DESCRIPTION:

The property is located within the Historic Overlay Zone, shown below – outlined in red.

The property is designated as a noncontributing building in the Historic Overlay Zone, as shown on the Historic Overlay Zone Map – Attachment 1.

“Noncontributing building” means a structure within a historic district which, in its present condition, does not contribute to the sense of time and place of the immediate area and the district. “Noncontributing building” may include those buildings constructed after the time period featured in a historic district or buildings in which the historical characteristics have been irreparably modified. “Noncontributing building” may also include buildings which, while noncontributing at present, may become contributing through the application of appropriate design criteria.

In accordance with the 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).

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.

Project Description

The building was constructed in 2004-2005 for the Social Security Administration office, with the Kings County WIC office occupying the other portion of the building in 2012. The stucco building has a height of 22 feet, two inches and consists of a white façade with black accented features including the awnings, door frames, and building signage; two recessed entryways with stairs along Harris Street; and decorative landscaping surrounding the building. The building is noncontributing to the

Historic District and does not contain any significant historic or architectural features.

The applicant is requesting to install wrought iron fencing six feet in height at each entrance of the building. As shown in Attachment 2, the site will be accessible by gates at each entrance, with existing Knox Boxes to be relocated to ensure emergency access for the Fire Department.

Section 17.48.150(B)(9) states that “contemporary design for alterations and additions to existing buildings, structures or site shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, materials and character of the property, neighborhood or environment.” The proposed fencing would be a contemporary design characteristic for the site, but would not destroy any significant historical, architectural, or cultural material. The fencing shall be placed between the walls of the structure to ensure the design is compatible and blends in with the property and surrounding neighborhood. Iron fencing is a common site element within the Historic District. In reviewing fences around contributing buildings within the Historic District, iron is the most common material, specifically utilized at the Carnegie Museum, Zaytoona, the Bastille, the Fox Building, and the Old Phone Building (see Figure 1, below). Additionally, similar wrought iron fencing was approved for Salmon’s Furniture Galleries at 112 E. Seventh Street under HRA0014-24.

Figure 1: Iron fences around Contributing Buildings

Top Row (from left to right): Carnegie Museum, Zaytoona, the Bastille Bottom Row (from left to right): the Fox Building, the Old Phone Building

Given the incidental nature of the fencing, staff is supportive of allowing the request. The addition will not detract from the Historic District, since the site is noncontributing. The fencing shall be located to ensure that sufficient space is provided to allow a walkable space between the fencing and the adjacent building entrances. Should the fencing be removed in the future, the holes left in the building and ground shall be patched to match the surrounding material in composition, design, color, texture and other visual qualities. The fencing shall be compliant with all applicable Fire and Building Codes.

FINDINGS FOR APPROVAL

In accordance with Section 17.48 of the Hanford Municipal Code, staff recommends approval of Historic Resources Permit HRA0016-24 and that the approval of the historic resources permit will allow private investment in the Downtown area, 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 proposal will not impact the Historic Overlay Zone since the site is designated as noncontributing.

2. That the proposal will allow development and maintenance of complementary settings and environment for the district.

3. That the proposal will promote and encourage continued private ownership and utilization of structures so that the objectives set forth in Section 17.48 can be attained.

4. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.

RECOMMENDATION

The City Council may approve, approve with conditions, or deny the permit.

Staff recommends that the City Council adopt Resolution 24-42-R, approving Historic Resources Permit HRA0016-24, subject to the following conditions:

1. That the applicant adhere to the design criteria for the Historic Overlay Zone, set forth in Section

17.48 of the Hanford Municipal Code.

2. That the fencing shall be located between the walls of the structure to ensure the design is compatible and blends in with the property and surrounding neighborhood, and not be located within the public right-of-way.

3. That should the fencing be removed in the future, the holes left in the building and ground shall be patched to match the surrounding material in composition, design, color, texture and other visual qualities.

4. That if building access is blocked, the Fire Department requires a Knox Box, or key switch for automatic gate, be installed.

5. That the fencing shall comply with all applicable Building Code requirements, including accessibility standards required under the Americans with Disabilities Act (ADA).

6. 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.

7. That the alterations to the site be completed in accordance with the proposed changes. Future changes may be approved by the Community Development Director or forwarded to the City Council for review.

Applicant
Ruben Mendoza
12210 Avenue 320

Visalia, CA 93291

Property Owner
Great Valley Holdings LLC
PO Box 24
Pebble Beach, CA 93953

ATTACHMENTS:

1. Resolution No. 24-42-R

2. Historic Overlay Zone and Properties

3. Plans

4. Notice of Exemption No. 2024-73

RESOLUTION 24-42-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD APPROVING HISTORIC RESOURCES PERMIT HRA0016-24 TO PLACE FENCING AT THE SOCIAL SECURITY ADMINISTRATION BUILDING. THE

PROPERTY IS DESIGNATED AS A NONCONTRIBUTING BUILDING WITHIN THE HISTORIC OVERLAY ZONE. THE PROJECT IS LOCATED AT 330 N.

HARRIS ST. (APN 010-276-021).

At a regular meeting of the City Council of the City of Hanford duly called and held on November 5, 2024, at 7:00 p.m. in the Council Chambers of the Civic Auditorium, it was moved by Council Member ____________, and seconded by Council Member ____________, and duly carried, that the following resolution be adopted:

WHEREAS, an application, filed by Ruben Mendoza for Historic Resources Permit HRA0016-24, as shown in Exhibit A, was presented to the City Council; and

WHEREAS, the proposed project is located at 330 N. Harris St. (APN 010-276-021); and

WHEREAS, the City Council of the City of Hanford, at a regular meeting on November 5, 2024, reviewed the request for Historic Resources Permit HRA0016-24; and

WHEREAS, Section 15303 of the California Environmental Quality Act Guidelines categorically exempts “New Construction or Conversion of Small Structures” from Environmental Review; and

WHEREAS, the City Council of the City of Hanford reviewed the application for the Historic Resources Permit HRA0016-24 and found that the application 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, 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 proposal will not impact the Historic Overlay Zone since the site is designated as noncontributing.

2. That the proposal will allow development and maintenance of complementary settings and environment for the district.

3. That the proposal will promote and encourage continued private ownership and utilization of structures so that the objectives set forth in Section 17.48 can be attained.

4. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.

THEREFORE, BE IT RESOLVED that the City Council of the City of Hanford hereby approves Historic Resources Permit HRA0016-24, subject to the following conditions:

1. That the applicant adhere to the design criteria for the Historic Overlay Zone, set forth in Section 17.48 of the Hanford Municipal Code.

2. That the fencing shall be located between the walls of the structure to ensure the design is compatible and blends in with the property and surrounding neighborhood, and not be located within the public right-of-way.

3. That should the fencing be removed in the future, the holes left in the building and ground shall be patched to match the surrounding material in composition, design, color, texture and other visual qualities.

4. That if building access is blocked, the Fire Department requires a Knox Box, or key switch for automatic gate, be installed.

5. That the fencing shall comply with all applicable Building Code requirements , including accessibility standards required under the Americans with Disabilities Act (ADA).

6. 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.

7. That the alterations to the site be completed in accordance with the proposed changes.

Future changes may be approved by the Community Development Director or forwarded to the City Council for review.

NOW, THEREFORE, BE IT FURTHER RESOLVED , that the City Council of the City of Hanford hereby approves Historic Resources Permit HRA0016-24. Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on November 5, 2024, 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 5th day of November, 2024.

Date: _________________

NATALIE CORRAL

CITY CLERK

Exhibit A
Plans

Historic Overlay Zone and Properties

C
C
C
C
C
C
C
C
C
C
N
C
C
C
C
C
C
N
N
N
N
C
N
N
N
N
C
N
N
N
N
C
N
N
N
N
N
N
N
N
C
C
C
C
N
N
N
N
N
N
N
C
N
N
N
N
N
C
C
C
N
N
N
N
C
C
C
C
N
N
C
C
N
N
N
N
N
C
C
C
N
N
N
N
C
C
C
C
C
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C

C

C

C

C

C

C

C

Legend
- Historic Overlay Zone
- Historic Properties
C - Contributing Buildings
N - Noncontributing Buildings

Notice of Exemption 2024-73

To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044

County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230

From: City of Hanford
317 North Douty Street
Hanford, CA 93230

Project Title: Historic Resources Permit HRA0016-24

Project Location – 330 N. Harris Street (APN 010-276-021)

Project Location – City: Hanford Project Location – County: Kings County

Description of Nature, Purpose and Beneficiaries of Project: Approval of Historic Resources Permit HRA0016-24 to place fencing at the Social Security Administration building. The property is designated as a noncontributing building within the Historic Overlay Zone.

Name of Public Agency Approving Project: City of Hanford, Planning Division

Name of Person or Agency Carrying Out Project: Ruben Mendoza 12210 Avenue 320
Visalia, CA 93291

Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number: 15303 New Construction or Conversion of Small Structures
Statutory Exemption. State code number:

Reasons why project is exempt:

The City of Hanford determined the project to be exempt from environmental review pursuant to Section 1530 3 of the California Environmental Quality Act (CEQA) Guidelines. Section 1530 3 states that Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. This project involves the installation of fencing.

Lead Agency
Contact Person: Mark Manha Area Code/ Telephone: (559) 585-2583

Signature: Date: November 5, 2024 Title: Associate Planner

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant

13.K.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Sole source authorization to purchase slides from PlayPower LT Farmington, Inc. and Appropriation from the General Fund for $34,402.13 to replace eight slides at the Freedom Park play structure.

RECOMMENDATION:

Recommendation: The Council authorize a sole source purchase to PlayPower LT Farmington, Inc. and appropriate $34,402.13 from the General Fund to replace eight slides at the Freedom Park play structure.

Recommended Motion: I move to authorize a sole source purchase to PlayPower LT Farmington, Inc. and appropriate $34,402.13 from the General Fund to replace eight slides at the Freedom Park play structure.

BACKGROUND
Due to ongoing health and safety concerns, staff recommends replacement of slides at Freedom Park. Freedom Park is Hanford's busiest community park, with 146,500 visits over the past twelve months, a 16% increase since 2021. The sixteen-year-old Freedom Park play structure is our largest and is one of two universally accessible play structures within Hanford's park system. Three slides were temporarily closed in April 2024 due to excessive wear, stress cracks, inappropriate use, and unsafe conditions (see attached Freedom Park Slide Replacement Map and photos of existing conditions). Five additional slides at the Freedom Park play structure are nearing the end of their life span and must be replaced.

Deferred maintenance of Hanford's aging parks is an ongoing challenge, as it is complex to accurately budget for and predict when and where repairs and/or replacement of existing structures and amenities will be needed. Park maintenance workers inspect play structures weekly to ensure they are safe for public use. The State of California requires an inspection by a Certified Playground Safety Inspector, CPSI. These inspections verify that playgrounds comply with the playground- related specifications from the American Society of Testing and Materials and playground-related recommendations from the Consumer Product Safety Commission.

This is a sole-source purchase with PlayPower LT Farmington, Inc. (Little Tykes), the original manufacturer. Only PlayPower provides the matching slides needed for this project (see attached quotation). Installation of the equipment will be done by City of Hanford employees. No other costs will be incurred for this project.

FISCAL IMPACT:

As the City currently has a balanced budget, there is no offsetting revenue to cover this cost. Staff recommends this due to health and safety concerns and the high use of the park. This Appropriation of $34,402.13 from the General Fund will be taken from the available fund balance or potential increases in revenues within the General Fund, and may impact the ability to maintain a balanced budget.

Council may also chose to defer this purchase until offsetting revenues are identified in order to ensure maintenance of a balanced budget.

ATTACHMENTS:

1. Photos of Existing Freedom Park Slides

2. Freedom Park Slide Replacement Map

3. Quote- Freedom Park Option 1 (2) Copy

Photos of Existing Freedom Park Slides

Photos of Existing Freedom Park Slides (Page 2)

Stress fracture

Top of slide detaching from the structure Stress fracture that became a crack

Freedom Park Slide Replacement Map

Currently closed slides
Replacement slides

QUOTATION
PlayPower LT Farmington, Inc.

Contact PlayPower LT Farmington at 800-325-8828 Sales Person: KATE LITTLE Pacific Park and Play

BILL TO SITE LOCATION

HANFORD - FREEDOM PARK
OPTION 1
HANFORD, CA 93230
Site Phone:

Site Fax:

LEVI WINEBRENNER attn:

Quote # 2140021867 Date 10/7/2024
Version 1
Customer PO#
RE:: HANFORD - FREEDOM PARK
Description Unit Price QTY: Extended Price ITEM #
Make Purchase Order/Check payable to:PlayPower LT Farmington, Inc.
c/o Pacific Park and Play 714 846-4885 fax 714 846-3485 P.O. Box 734155, Dallas, TX 75373-4155 email: [email protected] ATTN: LEVI WINEBRENNER
HANFORD, CA 93230

HANFORD, CITY OF
321 N. DOUTY AVENUE
Phone: (559) 304-5229
Fax:

Ext.:
1 LTCPS-2-06975 KID BUILDER DOUBLE WIDE PLASTIC SLIDE FOR 36" DECK WITH HOOD, FOOTINGS, CLAMPS &
HARDWARE.
$1,462.1600 $1,462.16
1 LTCPS-2-06976 KID BUILDER DOUBLE WIDE PLASTIC SLIDE FOR 48" DECK WITH HOOD, FOOTINGS, CLAMPS &
HARDWARE.
$1,689.5200 $1,689.52
1 LTCPS-2-06978 KID BUILDER ELBOW PLASTIC SLIDE FOR 32"/36"

DECK WITH HOOD, FOOTINGS, CLAMPS &
HARDWARE.
$1,653.2600 $1,653.26
1 LTCPS-2-06980 KID BUILDER PLASTIC WAVE SLIDE FOR 48"

DECK WITH HOOD, FOOTINGS, CLAMPS &
HARDWARE.
$1,458.2400 $1,458.24
1 LTCPS-2-200164 KID BUILDER WAVE SLIDE FOR 56" DECK.

INCLUDES SLIDE HOOD, CLAMPS, FOOTINGS AND
HARDWARE BAG.
$1,531.7400 $1,531.74
1 LTCPS-2-200264 KID BUILDER SPIRAL SLIDE FOR 64" DECK

INCLUDES TRANSFER DECK, RAILS, SLIDE HOOD,
FOOTINGS AND HARDWARE. (SMALL HOLE).
$7,099.1201 $7,099.12

1 LTCPS-2-200333 KID BUILDER COLOSSUS SLIDE FOR 64" DECK.

INCLUDES DECK, SLIDE, SLIDE HOOD WITH

RAILS, TABS, HARDWARE, CLAMPS AND
FOOTINGS.
$8,030.1202 $8,030.12
1 LTCPS-2-203266 KID BUILDER QUANTUM SLIDE FOR 64" DECK

WITH SLIDE HOOD, FOOTINGS, HARDWARE AND
CLAMPS. CURVED TO THE LEFT.
$4,261.0401 $4,261.04

CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE E QUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. _____________________________ ___________________________________________ __________ Submitted By (Signature) Printed Name and Title Date The foregoing quote and offer are hereby approved and accepted by PPLT.

By: __________________________________________________________ Date ______________________ ___________________________________________________________ This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc ("PPLT"). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Rep.To Submit this offer, please sign below forward a complete signed copy of this Quote directly to "PPLT Sales Administrator" via fax (714) 846-3485 or email [email protected]. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer with copy to Sales Representative via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLTthe total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit all charges are due and payable in full at P.O. Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing.Customer agrees to pay all additional service charges for pastdue invoices.Customer must provide proper tax exemption certificates to PPLT, shall promptly pay discharge all otherwise applicable taxes, license fees, levies other impositions on the Equipment at its own expense. Equipment quote valid for 15 days, freight/labor prices subject to change.

Install/labor quoted is Not at prevailing wages rates unless specifically noted......

Quote # 2140021867
Special Instructions:

PURCHASE ORDER INFORMATION IS AT THE TOP OF THE FIR ST PAGE OF THE QUOTATION. ***DISCOUNT IS PER SOURCEWELL / NJPA CONTRACT #0105 21-LTS. SOURCEWELL MEMBER #85061.*** COLORS: FOREST GREEN POSTS, DARK BROWN ACCENTS & BE IGE SLIDES.

FOOTINGS: TO BE DETERMINED.

INSTALLATION IS NOT INCLUDED IN TOTAL.

PLEASE BE ADVISED THAT IF ANY PARTS NEED TO BE RETU RNED, YOU WILL NEED TO PAY FREIGHT BOTH WAYS AND TH E RESTOCKING FEE.

CLIENT IS RESPONSIBLE FOR RECEIVING / OFFLOADING EQ UIPMENT. CLIENT IS RESPONSIBLE FOR CHECKING FOR AND NOTING SHIPPING DAMAGE, IF ANY, WHEN RECEIVING EQUIPMENT A T DELIVERY TIME.

THANK YOU!
$27,185.20 SubTotal
TAX $1,970.93
Freight $5,246.00
TAX RATE 7.25%
$34,402.13 TOTAL
PBO Amount PBO Amount PBO Amount PBO Amount
PBO Freight PBO Freight PBO Freight PBO Freight
Install Install Install Install $0.00
Terms: Net 30 days
Installer:

CLIENT
Installation Quote:

Credit Report Required: No
ENTER SHIP TO ADDRESS IF DIFFERENT FROM SITE ADDRE SS.
900 SOUTH 10TH AVENUE,
HANFORD, CA 93230

ADDITIONAL TERMS AND CONDITIONS OF SALE

1. Use and Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety.

2. Default, Remedies Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy.Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment .that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due...

3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED H EREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLA IMS ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENT AL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CU STOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE T O

MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUP ERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND

MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SUR FACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDAN CE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND T HE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.

4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote.

5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment.

6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri.

7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties.

8. Waiver; Invalidity.PPLT may waive a default hereunder, or under any invoice or other agreement between Customer PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice.The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof.

9. Entire Agreement; Amendment; Binding Nature.This fully-executed Quote, as supplemented by Change Orders invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns..

10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original.The facsimile or other electronic transmission of any signed original document,retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document..

13.L.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Notice of Completion for the FY 24 Pavement Resurfacing Treatment Project, with a final project cost of $329,948.43, and Authorization for the Mayor to execute and the City Clerk to file the Notice with the Kings County Recorder's Office.

RECOMMENDATION:

That the City Council, by motion, approve the Notice of Completion for the FY 24 Pavement Resurfacing Treatment Project, with a final project cost of $329,948.43, and authorize the Mayor to execute and the City Clerk to file the Notice with the Kings County Recorder's Office.

BACKGROUND:

On April 16, 2024, the City Council pre-authorized the City Manager to award and execute the contract for the FY 24 Pavement Resurfacing Treatment Project on behalf of the City, contingent on the project bid being within the current budget appropriation. The bid opening was held on June 18, 2024, with five bids received. The lowest responsible bid came in at $318,813.00, within the project budget and awarded to VSS International, Inc. of West Sacramento, California.

Construction began on August 13, 2024. During the project, one contract change order was issued to swap a section in the initial site map location. This change order did not impact the contract time or budget, as it was a no-cost adjustment. The contractor completed the project on September 13, 2024, on schedule and within the allowed contract timeframe.

Pavement resurfacing treatments are preventive maintenance measures designed to protect and preserve city streets. The type of treatment and the location of streets receiving these treatments were determined by the Public Works Director and Department staff, based on pavement conditions. Treatment methods may include slurry seal, cape seal, fiber seal coatings, or other preservation techniques intended to extend the useful life of the roadways.

Asphalt concrete surfaces deteriorate over time due to traffic loads and the natural loss of oil content.

Resurfacing treatments extend the lifespan of these surfaces, ultimately reducing the City’s street maintenance costs.

FISCAL IMPACT:

The FY 23/24 Capital Improvement Program Budget allocated $481,610.05 from the Gas Tax (0044) Fund for this project, including contingencies. Remaining funds will be released back to fund balance and available for use for other projects as may be determined in future Capital Improvement Programs as approved by City Council.

The final project cost breakdown is as follows:

Project:

FY 24 Pavement Resurfacing Treatment Project

Contractor:

VSS International, Inc.
3785 Channel Drive
West Sacramento, California, 95691

Contract Dates:

Bid Date: June 18, 2024
Council Award (City Council Pre-Authorized): June 18, 2024 Contractor Started Work: August 13, 2024
Contract Time of Completion: September 13, 2024
Contractor Completed Work: September 13, 2024

Contract Change Order No.

CCO#1 - Section Swap $ -

Total Change Order Cost $ -

Total Project Funding
Gas Tax (0044) Fund: $ 481,610.05

Total Project Costs
Design Consultant Contract and/or City Staff Cost (FY24): $ 4,235.01 Design Consultant Contract and/ City Staff Cost (FY25): $ 549.10 Construction Contract Amount: $ 318,813.00 Change Orders: $ -
Building Permit Fees: $ - Materials Testing: $ 2,180.00 City Surveying: $ -
City Construction Management & Inspection: $ 3,570.26 Misc. Expenses (Postage/Media/Clerical): $ 601.06

Total Project Cost $ 329,948.43

Project Budget Surplus (Deficit): $ 151,661.62

ATTACHMENTS:

1. NOC - Recording Original (Word)

2. NOC - Recording Original (PDF)

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: Within the City Right-of-way in the Area of the Northeast section of S. 12 th Ave & Hanford-Armona Rd. and the Area of Northeast section of N. Vintage Ave and Grangeville Blvd.

2. The Improvement is particularly described as: FY 24 Pavement Resurfacing Treatment Project

3. The date of completion of the work of Improvement: September 16, 2024

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: VSS International, Inc. of West Sacramento, California.

7. The surety for the work of Improvement: Wester Surety Company, AMB# 000974

8. All work for this project has been completed.

9. Accepted by minute action of the City Council of the City of Hanford on: November 5, 2024 I certify under penalty of perjury that the foregoing is true and correct.

Dated this 5th day of November 2024

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 _____________, 2024.

BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California
Authority: Section 1181 Civil Code

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: Within the City Right-of-way in the Area of the Northeast section of S. 12th Ave & Hanford-Armona Rd. and the Area of Northeast section of N. Vintage Ave and Grangeville Blvd.

2. The Improvement is particularly described as: FY 24 Pavement Resurfacing Treatment Project

3. The date of completion of the work of Improvement: September 16, 2024

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: VSS International, Inc. of West Sacramento, California.

7. The surety for the work of Improvement: Wester Surety Company, AMB# 000974

8. All work for this project has been completed.

9. Accepted by minute action of the City Council of the City of Hanford on: November 5, 2024

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

Dated this 5th day of November 2024

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 _____________, 2024.

BY: ________________________________________
Travis Paden, Mayor
City of Hanford, County of Kings, State of California

Authority: Section 1181 Civil Code

13.M.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Authorization for the City Manager to approve a contract change order with Synagro West, LLC for the disposal of additional biosolids generated through the wastewater treatment process at the City’s Wastewater Treatment Facility in the amount of $3,549.60 for a revised contract amount of $53,499.60, to be paid for out of the Wastewater Enterprise Fund.

RECOMMENDATION:

Recommendation:

Staff recommends that the City Council authorize the City Manager to approve a contract change order with Synagro West, LLC (Synagro) for the disposal of additional biosolids generated at the City’s Wastewater Treatment Facility in the amount of $3,549.60 for a revised contract amount of $53,499.60

Recommended Motion:

I move to authorize the City Manager to approve a contract change order with Synagro West, LLC for the disposal of additional biosolids generated at the City’s Wastewater Treatment Facility in the amount of $3,549.60 for a revised contract amount of $53,499.60 BACKGROUND:

The wastewater treatment facility produces dry biosolids from the treated sludge that is a byproduct from the treated wastewater at the facility. Biosolids are a nutrient-rich organic material which has a beneficial re-use as a fertilizer and plant amendment.

However, to ensure its beneficial use, facility Staff monitor incoming wastewater streams and must ensure the wastewater’s recyclability and compatibility with the treatment plant process. As the wastewater enters the plant, sewage goes through a biological process that cleans the wastewater while separating the solids. Solids are further processed to reduce or remove pathogens, which then can be re-cycled as fertilizer following the treatment process. Synagro's contract provides the removal and hauling of the biosolids to composting facilities. Most Cities contract this process due to the stringent regulations and added liability to process and certify the biosolids onsite as fertilizer.

At the beginning of the fiscal year a Purchase Order (PO) was created for Synagro West (originally Denali then sold to Synagro West) in the amount of $49,950.00. The amount of the PO was based on previous years’ biosolid disposal amount.

When creating a PO for Bio-Solids removal it’s often difficult to calculate the dollar amount due to the fluctuation of amount of biosolids produced; it is an unknown amount until it's determined based on a scale measure.

The price per ton remains the same, $69.30/wet ton, however, based on historical data biosolid tonnage can fluctuate up to 100 tons from year to year. The final weight also depends on the duration of the drying season.

FY2023’s measure of residual biosolids weighed 772 tons which represents an additional 51 tons from prior year’s PO amount of 721 tons. The current PO is based on FY2022’s 721 tons ($69.30/ton x 721 tons) = $49,950. The additional 51 tons represents a contract change order of $3,549.60 for a total contract amount of $53,499.60.

Since the contract amount now exceeds the City Manager’s $50K authorization limit, approval is required by the City Council. Final quantities were verified by weighed receipts, therefore it is recommended that the City Council approve this change order request.

FISCAL IMPACT:

This PO for biosolid removal costs are funded through Wastewater Treatment Plant Operations (Fund 0361). There are sufficient funds available to cover these additional costs.

ATTACHMENTS:

1. Synagro West LLC SEPT 2024 INVOICE

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13.N.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Acceptance of Grant Deed for Right-of-way from Aldar Mini Storage L.P., A California Partnership

RECOMMENDATION:

That the City Council, by motion,

1. Accept the attached Irrevocable Offer of Dedication (IOD) for real property to be used as right- of-way for the cul-de-sac on Fifth Street, east of 10th Avenue, as granted by Aldar Mini Storage L.P., a California Partnership, and

2. Authorize the City Manager to sign, and the City Clerk to attest and record the related documents with the Kings County Recorder’s Office.

BACKGROUND:

Derrel's Mini-Storage #77, a private commercial project, required certain street improvements as part of its development, specifically the construction of extending Fifth Street into a cul-de-sac at the dead-end, east of 10th Avenue. These improvements were required by the City's conditions of approval during the site plan review process.

As part of the project, an Irrevocable Offer of Dedication (IOD) was provided, granting the right-of- way for the cul-de-sac. The City's acceptance of this segment of Fifth Street is contingent upon the completion of the required improvements, through a Notice of Completion. The City Council must now formally accept the IOD by resolution for the property to be recognized as official right-of-way.

FISCAL IMPACT:

This dedication was offered as part of a development approval and therefore has no impact on the City budget. The City will be responsible for maintenance of the roadway after the one-year warranty period following Notice of Completion.

ATTACHMENTS:

1. Grant Deed Certification

2. Grant Deed Certification

3. Grant Deed Recording Copy

DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the Grant Deed dated , 2024 from
ALDAR MINI STORAGE L.P., A CALIFORNIA LIMITED PARTNERSHIP to the CITY OF HANFORD, a municipal corporation, is hereby accepted in fee title interest by order of the City Council of the City of Hanford and the Grantee consents to recordation by its duly authorized officer.

DATED: , 2024 CITY OF HANFORD,
a municipal corporation
By:

Mario Cifuentez, City Manager
Attest:

Natalie Corral, City Clerk

DEED CERTIFICATION

This is to certify that the interest in real property conveyed by the Grant Deed dated , 2024 from

ALDAR MINI STORAGE L.P., A CALIFORNIA LIMITED PARTNERSHIP

to the CITY OF HANFORD, a municipal corporation, is hereby accepted in fee title interest by order of the City Council of the City of Hanford and the Grantee consents to recordation by its duly authorized officer.

DATED: , 2024 CITY OF HANFORD,
a municipal corporation

By:

Mario Cifuentez, City Manager

Attest:

Natalie Corral, City Clerk

13.O.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the donation of a 2003 PIERCE Quantum Type 1 Fire Engine from the City of Clovis.

RECOMMENDATION:

Recommendation: That the City council, by motion, approve the acceptance of the Donation of a Fire Engine from the City Of Clovis.

BACKGROUND:

The Hanford Fire Department has an immediate and critical need for a stop-gap replacement Type -1 Fire Engine. In early May 2024, Hanford Front-line Fire Engine 41 suffered a major mechanical breakdown that ultimately led to the need for a complete engine replacement. That replacement was recently completed, 5 months later. With an aging fleet, and the order for the City's existing two replacement apparatus more than 3 years from delivery in 2027, an additional apparatus had to be pulled from reserves to be made front-line and serviceable. This action led to there being NO reserve apparatus being available and there being a higher than acceptable chance for a decrease in service levels due to a mechanical failure of one of the currently utilized reserve apparatus.

Accordingly, Fire DEPARTMENT Staff had reached out to local Fire Department Chief officers inquiring as to who may have apparatus available to loan and or borrow. The City of Clovis answered this immediate need with the generous offer of a DONATION of a serviceable 2003 PIERCE Quantum Type 1 Fire Engine. This low mileage, meticulously maintained apparatus, newer than the current in-service reserve engine, has been inspected by Hanford City Fleet personnel and was recommended for acceptance into the city of Hanford Fleet.

Over the past few budgetary years, insufficient funds have been held in apparatus replacement budgets to account for the rising costs for Replacement Fire Apparatus. These costs have risen by nearly 40% over the last 3 years alone. Additionally, one Hanford Fire Department Fire Apparatus now some 28 years old -a 1998 FERRARA SPARTAN Fire Engine-was deemed unserviceable due to current maintenance needs, rising maintenance costs as well as California Air Resources Board (CARB) non-compliance. The costs for Fire apparatus have increased so much that alternate means to find suitable, serviceable replacement apparatus has become necessary to meet the effective operations of the Hanford Fire Department.

Therefore, Staff is recommending that the City Council approve acceptance of this donated Fire Engine, a 2003 PIERCE QUANTUM Fire Engine from the City Of Clovis Fire Department as an addition to the City of Hanford Fire Department's Fleet.

FISCAL IMPACT: NONE

ATTACHMENTS:

1. AGREEMENT AND RELEASE REGARDING DONATION OF FIRE TRUCK

13.P.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Council: Approval of the Second Reading and Adoption of Ordinance No. 24-06 amending Chapter

3.28 of the Hanford Municipal Code to allow the City Council to designate the board of directors of a private organization to serve as the Central Parking and Business Improvement Area Advisory Board as required by the Hanford Municipal Code.

RECOMMENDATION:

Recommendation: That the City Council, by motion, approve the introduction of Ordinance No. 24-06 amending Chapter 3.28 of the Hanford Municipal Code to allow the City Council to designate the board of directors of a private organization to serve as the Central Parking and Business Improvement Area Advisory Board as required by the Hanford Municipal Code.

BACKGROUND
On April 2, 2024, as part of a presentation to Council regarding downtown matters, Council discussed the City's Business Improvement Area and the required seven-member board, which must be comprised of business owners in the Downtown, that is tasked with making recommendations to Council on funding and other matters in the Business Improvement Area as it relates to the following:

A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area.

On May 7, 2024, the City Council approved the Introduction of Ordinance No. 24-05, amending Chapter 3.28 of the Hanford Municipal Code to allow for the reestablishment of the Central Parking and Business Improvement Area Advisory Board as required by the Hanford Municipal Code with the addition of staggered 4-year terms consistent with other City Committees/Commissions. More specifically, the proposed ordinance amendments would have:
• Increased the terms of the board members to be consistent with other City commissions; • Amended the duties of the board to go beyond simple budget matters • Updated various sections related to Business Licensing to be consistent with the current version of Chapters 5.04 and 5.08.
• Amended budget cycle language to be consistent with the City's 2-year budget process.

On June 4, 2024, the Approval and Adoption of the Second Reading of the ordinance to adopt those changes was pulled from the Consent Calendar and Council discussion resulted in a request to bring back a General Business item to reconsider additional language for the ordinance to include a process for how the board would elected/appointed.

On June 18, 2024, the Council directed staff to bring back a new ordinance with additional language regarding the board composition and how the members shall be appointed.

On August 20, 2024, staff made a presentation to Council during a Study Session regarding the requirements of the ordinance as written. Council expressed their strong support for Main Street Hanford to serve as the Advisory Board required under the ordinance and directed staff to bring back amendments to the Municipal Code that would allow the Council to designate their organization as the Advisory Board. This amendment does just that.

FISCAL IMPACT:

There will be no impact to the General Fund related to any changes in the HMC.

ATTACHMENTS:

1. HMC Ordinance 24-06 BID

2. Chapter 3.28 CENTRAL PARKING AND BUSINESS IMPROVEMENT AREA - Redline

1 ORDINANCE NO. 24-06
AN ORDINANCE OF THE CITY OF HANFORD AMENDING CHAPTER 3.28 OF TITLE 3, GOVERNING THE CENTRAL PARKING AND BUSINESS

IMPROVEMENT AREA
The City Council of Hanford does ordain as follows:

Section 1. Chapter 3.28 of Title 3 is amended in the Hanford Municipal Code, to read as follows:

Chapter 3.28

CENTRAL PARKING AND BUSINESS IMPROVEMENT AREA

3.28.010 Authority.

3.28.020 Designation.

3.28.030 Area description.

3.28.040 Use of regular business license taxes within area.

3.28.050 Imposition of tax.

3.28.060 Initial rate of increase or additional levy of business license tax.

3.28.070 Definitions and classifications.

3.28.080 Collection of tax.

3.28.090 Exemption—Voluntary contributions.

3.28.100 Enforcement of provisions.

3.28.110 Proposed uses.

3.28.120 Advisory board.

3.28.130 Regular and additional revenues—Deposits.

3.28.140 Central parking and improvement fund—Established.

3.28.150 Central parking and improvement fund—Use of funds.

2 3.28.010 Authority.

This chapter is adopted pursuant to the authority of the “Parking and Business Improvement Area Law of 1965,” being Sections 36000 et seq. of the Streets and Highway Code of the state. (Prior code § 3-6.101)

3.28.020 Designation.

There is created and established a parking and business improvement area designated as the “central parking and business improvement area of the city of Hanford,” hereinafter for brevity and convenience referred to as “area.” (Prior code § 3-6.102)

3.28.030 Area description.

A description of the exterior boundaries of said central parking and business improvement area of the city is as follows:

All that certain area situated in the city of Hanford, county of Kings, state of California, more particularly described as follows:

Beginning at the intersection of the center line of Redington Street and Ivy Street; thence northerly along the center line of Redington Street approximately 660 feet to its intersection with the center line of Elm Street; thence easterly along the center line of Elm Street approximately 1,500 feet to the center line of Harris Street; thence southerly along the center line of Harris Street approximately 660 feet to the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 2,150 feet to the east line of Section 25, said east line being located in the 10th Avenue right-of-way; thence southerly along the east line of said Section 25 approximately 1,300 feet to the north boundary line of the territory annexed by Ordinance No. 651; thence easterly along the boundary line of said annexed territory approximately 190 feet to an angle point in said boundary line, said point being located 10 feet east of the northeast corner of Lot 6 of Block 1 of Orange Addition and also being located on the east line of Assessor’s Parcel No. 14-211-10; thence southerly along said line of Assessor’s Parcel No. 14-211-10 and its southerly prolongation thereof approximately 180 feet to the south line of Section 30, said:
line being located in the Lacey Boulevard right-of-way; thence easterly along the south line of Section 30 a distance of approximately 52.5 feet to its point of intersection with the northeast corner of the territory annexed by Ordinance No. 693, said point being located on a northerly prolongation of the east line of Assessor’s Parcel No. 16-011-12 and being also located 12.5 feet east of a northerly prolongation of the west line of Lot 9 of Block X of Manasse and Simon Addition; thence southerly along the east line of the territory annexed by Ordinance No. 693 a distance of approximately 200 feet to the southeast corner of said annexed territory, said corner being located on the south line of the alley in Block X; thence westerly along the south line of last said annexed territory a distance of approximately 242.5 feet to the east line of Section 36, said line being located in the 10th Avenue right-of-way; thence southerly along said section line in 10th Avenue approximately 1,200 feet to its intersection with the construction center line of State Highway 198; thence westerly along said construction center line of State Highway 198

3 approximately 4,280 feet to its point of intersection with the east line of the A.T.&S.F. Railroad right-of- way, said line being also an east line for the right-of-way for the former City street named Thornton Street; thence northerly along the east line of said railroad right-of-way and said former street right-of- way and its northerly prolongation thereof to its point of intersection with the south line of Section 25; thence westerly along the south line of said Section 25 approximately 150 feet to its point of intersection with the center line of Park Avenue; thence northerly along the center line of Park Avenue approximately 1,500 feet to its intersection with the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 1,050 feet to the point of beginning. (Prior code § 3-6.103)

3.28.040 Use of regular business license taxes within area.

Effective July 1, 1975, all revenue from the regular business license taxes collected pursuant to Chapters 5.04 and 5.08 within the central parking and business improvement area of the city of Hanford shall be credited to the central parking and improvement fund for use as established by Sections 3.28.140 and 3.28.150. (Prior code § 3-6.104)

3.28.050 Imposition of tax.

Effective July 1, 1975, there is imposed an initial rate of increase or additional levy of business license tax upon all permanent businesses located within the boundaries of the central parking and business improvement area of the city established by this chapter and which businesses are required to pay a business license tax upon a monthly or quarterly basis under the provisions of Chapter 5.04. (Prior code § 3-6.105)

3.28.060 Initial rate of increase or additional levy of business license tax.

The additional levy of the license tax imposed upon businesses within said area is hereby fixed, levied, determined and established as follows:

A. An amount equal to one hundred (100) percent of the business license taxes imposed by Chapters 5.04 and 5.08, and subsequent amendments thereto, as the same applies to permanent businesses located within said proposed area and which are required to pay a license tax, excluding those businesses which pay license fees based upon average monthly gross receipts; and
B. When the amount of the license fee required by the provisions of Chapters 5.04 and 5.08, and subsequent amendments thereto, applies to permanent businesses located within said proposed area which pay a license tax based upon the amount of gross receipts from the sales of business transacted, the additional levy imposed shall be as follows:

1. An amount equal to one hundred (100) percent on gross annual sales up to five hundred thousand dollars ($500,000.00) per business,

4 2. An amount equal to fifty (50) percent on all portions of gross annual sales between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00) per business, and

3. An amount equal to twenty-five percent (25) on all portions of gross annual sales exceeding one million dollars ($1,000.000.00) per business. (Prior code § 3-6.106)

3.28.070 Definitions and classifications.

The definitions and classifications of business shall be determined by the definitions and classifications set forth in Chapter 5.04 and 5.08 as the same apply to businesses within the area. (Prior code § 3-6.107)

3.28.080 Collection of tax.

The collection of the initial rate of increase or additional levy of business license tax imposed by this chapter shall be made at the same time and in the same manner as the ordinary business license taxes of the city under the provisions of Chapter 5.04 and 5.08 as the same apply to businesses which are required to pay a license tax upon a monthly or quarterly basis. Such tax shall be computed in the manner provided for in Chapter 5.04 and 5.08 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapter 5.04 and 5.08 of this title as the same applies to businesses paying a regular business license tax on a quarterly or monthly basis. (Prior code § 3-6.108)

3.28.090 Exemption—Voluntary contributions.

Any business, person or institution located within said area, or which is exempt from the payment of the ordinary business license taxes of the city by reason of the laws of the United States or the state shall not be taxed under this chapter but may make a voluntary contribution to the city. Such contributions shall be used for the purposes provided in Section 3.28.110. (Prior code § 3-6.109)

3.28.100 Enforcement of provisions.

It shall be the duty of the director of finance and his or her designee to enforce the provisions of this chapter. The director of finance and his or her designee shall have the power to enforce business license requirements as set forth in Chapter 5.04

3.28.110 Proposed uses.

The uses to which the business license tax imposed by Chapter 5.04 and 5.08 and the additional revenues received by the initial rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions are to be put are as follows:

A. The acquisition, construction or maintenance of parking facilities for the benefit of the area;

5 B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.111)

3.28.120 Advisory board.

For the sole purpose of advising the council and making recommendations on the operation and extent of the area, the methods and ways in which the revenue derived from the levy of the license tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.110, of this article, and to have and to perform such other powers and duties as the council may determine, the council shall establish an advisory board, which shall consist of seven (7) members. The Advisory Board may, at the council’s election, be comprised of the board of directors of a private organization designated by the council. The Advisory Board shall present an Annual Report to the City Council to include an estimate of expenditures to be made to carry out the purposes of the central parking and business improvement area of the city.

3.28.130 Regular and additional revenues—Deposits.

The revenues received by the business license tax imposed by Chapters 5.04 and 5.08 from businesses within the area and the additional rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions shall be deposited in the central parking and improvement fund created by Section 3.28.140. (Prior code § 3-6.113)

3.28.140 Central parking and improvement fund—Established.

There is established in the city a fund to be designated as the “central parking and improvement fund.” (Prior code § 3-6.201)

3.28.150 Central parking and improvement fund—Use of funds.

All revenues deposited in the central parking and improvement fund shall be used for the following purposes:

A. The acquisition, construction or maintenance of parking facilities for the benefit of the area;
B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area;

6 D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area.

Section 2: This Ordinance shall take effect thirty (30) days after its adoption and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage or a summary of this ordinance shall be published in the Hanford Sentinel in a manner consistent with the requirements of the California Government Code.

PASSED, ADOPTED AND APPROVED this ____ day of _________, 2024 by the following vote:

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

TRAVIS PADEN
MAYOR of the City of Hanford
Attest:
_____________________________________

NATALIE CORRAL

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )
I, ________________________, City Clerk of the City of Hanford, do hereby certify the foregoing Ordinance was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the ______ day of __________________, 2024.

Date: _______________________ ________________________________ City Clerk

Hanford, California Municipal Code
Title 3 REVENUE AND FINANCE
Chapter 3.28 CENTRAL PARKING AND BUSINESS IMPROVEMENT
AREA

3.28.010 Authority.

3.28.020 Designation.

3.28.030 Area description.

3.28.040 Use of regular business license taxes within area.

3.28.050 Imposition of tax.

3.28.060 Initial rate of increase or additional levy of business license tax.

3.28.070 Definitions and classifications.

3.28.080 Collection of tax.

3.28.090 Exemption—Voluntary contributions.

3.28.100 Enforcement of provisions.

3.28.110 Proposed uses.

3.28.120 Advisory board—Budget.

3.28.130 Regular and additional revenues—Deposits.

3.28.140 Central parking and improvement fund—Established.

3.28.150 Central parking and improvement fund—Use of funds.

3.28.010 Authority.

This chapter is adopted pursuant to the authority of the “Parking and Business Improvement Area Law of 1965,” being Sections 36000 et seq. of the Streets and Highway Code of the state. (Prior code § 3-6.101)

3.28.020 Designation.

There is created and established a parking and business improvement area designated as the “central parking and business improvement area of the city of Hanford,” hereinafter for brevity and convenience referred to as “area.” (Prior code § 3-6.102)

3.28.030 Area description.

A description of the exterior boundaries of said central parking and business improvement area of the city is as follows:

All that certain area situated in the city of Hanford, county of Kings, state of California, more particularly described as follows:

Beginning at the intersection of the center line of Redington Street and Ivy Street; thence northerly along the center line of Redington Street approximately 660 feet to its intersection with the center line of Elm Street; thence easterly along the center line of Elm Street approximately 1,500 feet to the center line of Harris Street; thence southerly along the center line of Harris Street approximately 660 feet to the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 2,150 feet to the east line of Section 25, said east line being located in the 10th Avenue right-of-way; thence southerly along the east line of said Section 25 approximately 1,300 feet to the north boundary line of the territory annexed by Ordinance No. 651; thence easterly along the boundary line of said annexed territory approximately 190 feet to an angle point in said boundary line, said point being located 10 feet east of the northeast corner of Lot 6 of Block 1 of Orange Addition and also being located on the east line of Assessor’s Parcel No. 14-211-10; thence southerly along said line of Assessor’s Parcel No. 14-211-10 and its southerly prolongation thereof approximately 180 feet to the south line of Section 30, said: line being located in the Lacey Boulevard right-of-way; thence easterly along the south line of Section 30 a distance of approximately 52.5 feet to its point of intersection with the northeast corner of the territory annexed by Ordinance No. 693, said point being located on a northerly prolongation of the east line of Assessor’s Parcel No. 16-011-12 and being also located 12.5 feet east of a northerly prolongation of the west line of Lot 9 of Block X of Manasse and Simon Addition; thence southerly along the east line of the territory annexed by Ordinance No. 693 a distance of approximately 200 feet to the southeast corner of said annexed territory, said corner being located on the south line of the alley in Block X; thence westerly along the south line of last said annexed territory a distance of approximately 242.5 feet to the east line of Section 36, said line being located in the 10th Avenue right-of-way; thence southerly along said section line in 10th Avenue approximately 1,200 feet to its intersection with the construction center line of State Highway 198; thence westerly along said construction center line of State Highway 198 approximately 4,280 feet to its point of intersection with the east line of the A.T.&S.F. Railroad right-of- way, said line being also an east line for the right-of-way for the former City street named Thornton Street; thence northerly along the east line of said railroad right-of-way and said former street right-of- way and its northerly prolongation thereof to its point of intersection with the south line of Section 25; thence westerly along the south line of said Section 25 approximately 150 feet to its point of intersection with the center line of Park Avenue; thence northerly along the center line of Park Avenue approximately 1,500 feet to its intersection with the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 1,050 feet to the point of beginning. (Prior code § 3-6.103)

3.28.040 Use of regular business license taxes within area.

Effective July 1, 1975, all revenue from the regular business license taxes collected pursuant to Chapters 5.04 and 5.08 within the central parking and business improvement area of the city of Hanford shall be credited to the central parking and improvement fund for use as established by Sections

3.28.140 and 3.28.150 . (Prior code § 3-6.104)

3.28.050 Imposition of tax.

Effective July 1, 1975, there is imposed an initial rate of increase or additional levy of business license tax upon all permanent businesses located within the boundaries of the central parking and business improvement area of the city established by this chapter and which businesses are required to pay a business license tax upon a monthly or quarterly basis under the provisions of Chapter 5.04. (Prior code § 3-6.105)

3.28.60 Initial rate of increase or additional levy of business license tax.

The additional levy of the license tax imposed upon businesses within said area is hereby fixed, levied, determined and established as follows:

A. An amount equal to one hundred (100) percent of the business license taxes imposed by Chapters 5.04 and 5.08, and subsequent amendments thereto, as the same applies to permanent businesses located within said proposed area and which are required to pay a license tax upon a monthly or quarterly basis, excluding those businesses which pay quarterly license fees based upon average monthly gross receipts; and
B. When the amount of the license fee required by the provisions of Chapters 5.04 and 5.08, and subsequent amendments thereto, applies to permanent businesses located within said proposed area which pay a quarterly license tax based upon the amount of gross receipts from the sales of business transacted, the additional levy imposed shall be as follows:

1. An amount equal to one hundred (100) percent on gross annual sales up to five hundred thousand dollars ($500,000.00) per business,

2. An amount equal to fifty (50) percent on all portions of gross annual sales between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00) per business, and

3. An amount equal to twenty-five percent (25) on all portions of gross annual sales exceeding one million dollars ($1,000.000.00) per business. (Prior code § 3-6.106)

3.28.070 Definitions and classifications.

The definitions and classifications of business shall be determined by the definitions and classifications set forth in Chapter 5.04 and 5.08 as the same apply to businesses within the area. (Prior code § 3-6.107)

3.28.080 Collection of tax.

The collection of the initial rate of increase or additional levy of business license tax imposed by this chapter shall be made at the same time and in the same manner as the ordinary business license taxes of the city under the provisions of Chapter 5.04 and 5.08 as the same apply to businesses which are required to pay a license tax upon a monthly or quarterly basis. Such tax shall be computed in the manner provided for in Chapter 5.04 and 5.08 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapter 5.04 and 5.08 of this title as the same applies to businesses paying a regular business license tax on a quarterly or monthly basis. (Prior code § 3-6.108)

3.28.090 Exemption—Voluntary contributions.

Any business, person or institution located within said area, or which is exempt from the payment of the ordinary business license taxes of the city by reason of the laws of the United States or the state shall not be taxed under this chapter but may make a voluntary contribution to the city. Such contributions shall be used for the purposes provided in Section 3.28.110 . (Prior code § 3-6.109)

3.28.100 Enforcement of provisions.

It shall be the duty of the director of finance and his or her designee deputies to enforce the provisions of this chapter. The director of finance and his or her designee deputies and the police officers shall have the power to enforce business license requirements as set forth in Chapter

5.04enter, free of charge, at any time, any place of business for which such license is required and to demand the exhibition of such license. It shall be the duty of all police officers to cause complaints to be filed against all persons violating any of the provisions of this chapter. (Prior code § 3-6.110)

3.28.110 Proposed uses.

The uses to which the business license tax imposed by Chapter 5.04 and 5.08 and the additional revenues received by the initial rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions are to be put are as follows:

A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.111)

3.28.120 Advisory board—Budget.

For the sole purpose of advising the council and making recommendations on the operation and extent of the area, the methods and ways in which the revenue derived from the levy of the license tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.110 , of this article, and to have and to perform such other powers and duties as the council may determine, the cCouncilthere shall designate an organization to servebe created asestablish an advisory board, which shall consist of seven (7) members . The Advisory Board may, at the council’s election, be comprised of the board of directors of a private organization designated by the council. The Advisory Board shall present an Annual Report to the City Council to be appointed by the mayor, with the concurrence of the council, for a term of one four (4) years, to serve at the pleasure of the mayor and the council, said members to be persons who have businesses within the area that pay an additional levy of license tax as provided for by this chapter. The council may, annually approve a budget , consistent with the budget cycle used by the City. to include an estimate of expenditures to be made to carry out the purposes of the central parking and business improvement area of the city. (Prior code § 3-6.112)

3.28.130 Regular and additional revenues—Deposits.

The revenues received by the business license tax imposed by Chapters 5.04 and 5.08 from businesses within the area and the additional rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions shall be deposited in the central parking and improvement fund created by Section 3.28.140 . (Prior code § 3-6.113)

3.28.140 Central parking and improvement fund—Established.

There is established in the city a fund to be designated as the “central parking and improvement fund.” (Prior code § 3-6.201)

3.28.150 Central parking and improvement fund—Use of funds.

All revenues deposited in the central parking and improvement fund shall be used for the following purposes:

A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.202)

14.A.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: PUBLIC HEARING

SUBJECT:

Public hearing to accept public input and Adoption of Resolution 24-40-R to Authorize the City's Participation in the California Statewide Communities Development Authority's Statewide Community Infrastructure Program (SCIP).

RECOMMENDATION:

Recommendation:

1. Hold a Public Hearing: Conduct a public hearing to gather input and testimonies regarding the City’s participation in SCIP.

2. Adopt Resolution 24-40-R: Authorize the adoption and implementation of the SCIP Program within the City’s boundaries. This resolution will enable the City to utilize the financing mechanisms provided by CSCDA for public infrastructure development.

Recommended Motion:

I move to approve resolution 24-40-R authorizing the adoption and implementation of the SCIP Program within the City’s boundaries. This resolution will enable the City to utilize the financing mechanisms provided by CSCDA for public infrastructure development.

BACKGROUND:

CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. 530 cities, counties and special districts throughout California are members of CSCDA, including the Agency. SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program. SCIP was expanded to include financing of public capital improvements directly in addition to just fees, and has now been further expanded to include community facilities districts (“CFDs”) and an option to finance public services in respect of stand- alone bond issues, necessary to support development in the Agency, as provided for in the proposed SCIP resolution. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.

If a property owner applies to participate in SCIP, and the Agency approves the application, the selected public capital improvements, facilities and/or development related fees owed to the Agency will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the

Agency and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a stand- alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.

With respect to the financing of development related fees, the property owner will either pay the development fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the Agency at any time to make authorized fee expenditures, and the Agency is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the Agency, the proposed SCIP resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the Agency.

The benefits of SCIP to the property owner include:
• Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property.
• Instead of paying cash for public capital improvements and/or development related fees, the property owner receives low-cost, long-term tax-exempt financing of those fees, freeing up capital for other purposes.
• The property owner can choose to pay off the assessments or special taxes at any time. • For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates.
• Owners of smaller projects, both residential and commercial, can have access to tax-exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax-exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.

The benefits of SCIP to the Agency include:
• As in conventional assessment district and CFD financing, the Agency is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.
• CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide tax-exempt financing to property owners through SCIP while committing virtually no staff time to administer the program.
• Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new development.

Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the Agency’s competitive advantage in attracting

new development.
• The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of tax-exempt financing of fees can be used to encourage a developer to pay fees up front.
• In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

The proposed SCIP resolution authorizes CSCDA to accept applications from owners of property within our planning jurisdiction to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within our Agency’s boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners. It approves the form of an acquisition agreement, attached to the SCIP resolution as Exhibit B, to be entered into between the Agency and the participating property owner/developer, if applicable, to provide the terms and conditions under which financing for public capital improvements will be provided and to establish the procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.

In addition to the funding of public capital improvements and development related fees, the proposed SCIP resolution authorizes CSCDA to form community facilities districts within our Agency’s boundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating property owner. Similar to the funding of public capital improvements and development related fees, once an application is received by the participating property owner and approved by the Agency, CSCDA handles all district formation and district administration.

CSCDA will coordinate with the Agency annually to prepare the budget for the levy, and will levy and collect the special taxes for disbursement to the Agency when collected. Public services will only be included in a community facilities district formed for a stand-alone project.

Conclusion and Recommendation
The participation of the City of Hanford in the Statewide Community Infrastructure Program (SCIP) offers a strategic opportunity to enhance development financing while minimizing the financial burden on the Agency. By leveraging the California Statewide Communities Development Authority (CSCDA) and its established framework for funding public capital improvements and development-related fees, the City can facilitate growth and attract new developments. The SCIP provides property owners with access to low-cost, long-term tax-exempt financing, which is crucial for sustaining economic development and improving public infrastructure. Additionally, the program ensures that the City has no liability for the bonds issued and that staff time is minimally impacted, allowing resources to be allocated more effectively. It is recommended that the City hold a public hearing on the SCIP Program and adopt a resolution authorizing the program within the City’s boundaries.

FISCAL IMPACT:

No fiscal impact to the City! All of the costs and expenses related to the formation, issuance of bonds, and ongoing administration for any CFD formed by the SCIP Program are the responsibility of CSCDA, and there is no liability or fiscal impact on the City. The City can be reimbursed for any staff time expended on the program.

ATTACHMENTS:

1. Resolution 24-40-R

RESOLUTION NO. 24-40-R

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD

AUTHORIZING THE AGENCY TO JOIN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS

FROM PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS

AND LEVY ASSESSMENTS AND SPECIAL TAXES AND TO FORM ASSESSMENT

DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF HANFORD; EMBODYING A JOINT COMMUNITY

FACILITIES AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING

RELATED ACTIONS

At a regular meeting of the City Council of the City of Hanford duly called and held on November 05, 2024, at 7:00pm in the Council Chambers of the Civic Auditorium, it was moved by council member , and seconded by Council Member , and duly carried, that the following resolution be adopted.

WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Hanford (the “Agency”); and
WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the Agency or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and

WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law available to, among other things, finance public improvements and public services (“Services”) necessary to meet increased demands placed upon local agencies as a result of development; and WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello-Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act; and
WHEREAS, the Agency desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and
WHEREAS, the Agency desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and that such CFDs are not pooled together with projects in other jurisdictions; and
WHEREAS, from time to time when eligible property owners within the jurisdiction of the Agency elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello- Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the Agency; and
WHEREAS, both the Authority and the Agency are “local agencies” under the Mello-Roos Act; and
WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and WHEREAS, the Agency desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territorial limits of the Agency to finance Fees, Improvements and Services necessitated by new development; and WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall

be coterminous with the Agency’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this Resolution pursuant to Section 10104 of the Streets and Highways Code; and WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
WHEREAS, the Agency will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and WHEREAS, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements; and WHEREAS, where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hanford as follows:

Section 1. This resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority in accordance herewith.

Section 2. Agency hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act.

Section 3. The Agency hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:

(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.

Section 4. This resolution sets forth the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the Agency and the Authority. Adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello-Roos Act to finance Agency Improvements, Agency Fees or Agency Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD.

This Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement, or a joint agreement to fund services, for each CFD formed by the Authority (the “Joint Agreement”).

Section 5. The City Council hereby finds and determines that this resolution and the Joint Agreement are beneficial to the residents/customers of the Agency and are in the best interests of the residents of the Agency, and of the future residents of the area within the proposed CFDs and Assessment Districts. The Agency hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the Agency.

Section 6. The Authority has adopted Local Goals and Policies as required by Section 53312.7 of the Mello-Roos Act. The Agency approves the use of those Local Goals and Policies in connection with the formation of CFDs. The Agency hereby agrees that the Authority may act in lieu of the Agency under those Local Goals and Policies in forming and administering the CFDs.

Section 7. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the Agency will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.

Section 8. Pursuant to the Mello-Roos Act and this resolution, the Authority may conduct proceedings under the Mello-Roos Act to form the CFDs and to have such CFDs authorize the financing of (i) any or all of the facilities and Fees set forth on Exhibit C, attached hereto and (ii) any or all the Services set forth on Exhibit D, attached hereto. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the Agency or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue.

The appropriate officials and staff of the Agency are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial

formation and in connection with the annual levy. Exhibit C and Exhibit D may be modified from time to time by written agreement between an authorized representative of the Authority and of the Agency. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the Agency are referred to as the “Agency Improvements.” The Fees paid or to be paid to the Agency are referred to as the “Agency Fees”. The Services funded are referred to as the “Agency Services”. The financing of the Agency Services shall only be authorized for stand- alone development projects and Local Obligations may not be issued to fund Services.

Section 9. For Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Local Agency as required by the Mello-Roos Act. Each joint community facilities agreement with each Third Party Local Agency will contain a provision that the Third Party Local Agency will provide indemnification to the Agency to the same extent that the Agency provides indemnification to the Third Party Local Agency under the terms of this resolution.

Section 10. The Agency acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the Agency as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connection with the formation of each CFD, as may be required by the Authority’s procedures, the Agency shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.

Section 11. The Authority shall promptly transfer special tax collections for Agency Services, after payment of its own reasonable administrative costs incurred in the administration of the CFDs, to the Agency. The Authority will apply the other special tax collections initially as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the Agency and to the other local agencies in the proportions specified in the Authority’s proceedings. The Agency will apply any such special tax revenues it receives for authorized Agency Improvements, Agency Fees and/or Agency Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello-Roos Act. The joint community facilities agreements with each Third Party Local Agency must require the Third Party Local Agency to apply the special tax revenues they receive for their authorized Improvements, Fees and/or Services under the CFDs and for their own related administrative costs only as permitted by the Mello-Roos Act.

Section 12. The Authority will administer the CFDs, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The Agency will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the Agency to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any

revenue bonds, although the Agency will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to the agreement embodied by this resolution) nor will the Agency be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency.

Section 13. In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project (the “Acquisition and Construction Fund”). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund.

The Acquisition and Construction Fund will be available both for Agency Improvements and Agency Fees and for the Improvements and Fees pertaining to each Third Party Local Agency.

Subaccounts shall be created as necessary.

Section 14. As respects the Authority and each Third Party Local Agency, the Agency agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the Agency Improvements and for the administration and expenditure of the Agency Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain provisions equivalent to this paragraph in the joint community facilities agreement with each Third Party Local Agency.

Section 15. The Agency agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the Agency Improvements and the improvements to be financed or acquired with the Agency Fees. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the Agency any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the Agency and its officers, agents and employees as Indemnified Parties with respect to each Third Party Local Agency’s respective Improvements and the improvements to be constructed or acquired with each Third Party Local Agency’s Fees.

Section 16. As respects the Authority and each Third Party Local Agency, the Agency agrees – once the Agency Improvements are constructed according to the approved plans and specifications, and the Agency and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the Agency Improvements – to accept ownership of the Agency Improvements, to take maintenance responsibility for the Agency Improvements,

and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the Agency Improvements. The Agency reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the Agency and its officers, agents and employees as Indemnified Parties.

Section 17. The Agency acknowledges the requirement of the Mello-Roos Act that if the Agency Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the Agency Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the Agency. The Agency acknowledges that this means all Agency Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California.

The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The Agency reserves the right, as respects the Participating Developer, to assign appropriate responsibility for compliance with this paragraph to the Participating Developer.

Section 18. The form of the Acquisition Agreement attached hereto as Exhibit B is hereby approved, and the City Manager or such officer’s designee (each, an “Authorized Officer”) is authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the Agency in substantially that form, with such changes as shall be approved by the Authorized Officer after consultation with the Agency Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 19. After completion of the Agency Improvements and appropriate arrangements for the maintenance of the Agency Improvements, or any discrete portion thereof as provided in Section 53313.51 of the Mello-Roos Act and in the Acquisition Agreement, to the satisfaction of the Agency, and in conjunction with the Agency’s acceptance thereof, acquisition of the Agency Improvements shall be undertaken as provided in the Acquisition Agreement.

Section 20. The Agency hereby consents to the formation of the CFDs in accordance with this resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting the CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administration of the Local Obligations, all at no cost to the Agency and without binding or obligating the Agency’s general fund or taxing authority.

Section 21. The terms of the Agreement embodied by this resolution may be amended by a writing duly authorized, executed and delivered by the Agency and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like

instruments governing the issuance, delivery and administration of all outstanding Local Obligations.

Section 22. Except to the extent of the indemnifications extended to each Third Party Local Agency in the Agreement embodied by this resolution, and the Agency’s agreement to take responsibility for and ownership of the Agency Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this resolution, and nothing in this resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the Agency (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this resolution.

Section 23. The Agency shall be identified as a third-party beneficiary of all joint community facilities agreements between the Authority and each Third Party Local Agency to the extent of the indemnification provisions and the provisions whereby each Third Party Local Agency agrees to take responsibility for and ownership of their Improvements.

Section 24. The appropriate officials and staff of the Agency are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the Agency and/or who are conditioned to install Improvements and/or whose plans for new development within the Agency necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The Agency shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.

Section 25. The appropriate officials and staff of the Agency are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the Agency, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP.

Section 26. This Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Hanford is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority. This resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated. * * *

PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of __________, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Travis Paden
MAYOR of the City of Hanford

ATTEST:

Natalie Corral
City Clerk

State of California )
County of Kings ) ss
City of Hanford )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of , 2024.

Date: City Clerk .

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4155-8093-8767.14

EXHIBIT A TO THE RESOLUTION

FORM OF RESOLUTION OF INTENTION

TO BE ADOPTED BY CSCDA
For Assessment Districts Only
RESOLUTION NO. __SCIP-

RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL

IMPROVEMENTS AND/OR THE PAYMENT OF DEVELOPMENT RELATED

FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) CITY OF HANFORD, APPROVING

A PROPOSED BOUNDARY MAP, MAKING CERTAIN DECLARATIONS,

FINDINGS AND DETERMINATIONS CONCERNING RELATED MATTERS,

AND AUTHORIZING RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hanford (the “Assessment District”);
WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hanford, State of California,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hanford, State of California”;
WHEREAS, the City of Hanford is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct.

Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.

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Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.

Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.

Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty- nine (29) years from the second day of September next succeeding twelve (12) months from their date.

Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.

Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.

Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.

Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.

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PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.

I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.

By
Authorized Signatory
California Statewide Communities
Development Authority

4155-8093-8767.14

EXHIBIT A TO THE RESOLUTION OF INTENTION

DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the City of Hanford or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.

PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT

RELATED CHARGES

CAPITAL IMPROVEMENTS*

*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management [End of Form of Resolution of Intention]

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EXHIBIT B TO THE RESOLUTION

FORM OF ACQUISITION AGREEMENT
_____________________

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

ACQUISITION AGREEMENT

BY AND BETWEEN

CITY OF HANFORD
AND
[DEVELOPER]

Dated as of _______, 20__

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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the CITY OF HANFORD, (the “Local Agency”), and [DEVELOPER], a [indicate type of legal entity] (the “Developer”).

B. The effective date of this Agreement is ________, 20__.

C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello-Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”). On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [For Assessment Districts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).]
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.

E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.

F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to be acquired from the Developer.

G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.

H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.

I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.

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In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.

Agreement

ARTICLE I

DEFINITIONS; DISTRICT FORMATION AND

FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “City of Hanford Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements. “Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.
“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may

B-44155-8093-8767.14

be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax-exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns. “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof in substantially the form contained in Exhibit B hereto.
“District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Hanford.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder. “Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.]
“Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.

Section 1.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditions for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section

1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.

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Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund. (b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].

Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer.

All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.

Section 2.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the

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formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.

In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the

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Acquisition and Construction Fund shall be applied as provided in Section 1.03.

In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.

Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights-of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right-of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.

Section 2.05. SCIP Requisition. Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to

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such Acquisition Improvements. The Authority Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.

ARTICLE III

MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.

Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.

Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.

The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.

Section 3.04. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

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Section 3.05. Third Party Beneficiaries. The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority with respect to the provisions of Section 3.01, there are no third party beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.

Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.

Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:

If to the Local Agency:

City of Hanford
[Address to come]
[Email to come]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.

Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.

Section 3.11. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

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Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors-in-interest to the property within the District, without the prior written consent of the Local Agency.

Section 3.14. Remedies in General. It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.

[The remainder of this page intentionally left blank]

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

CITY OF HANFORD
By:

Authorized Officer

[DEVELOPER],
a [here indicate type of legal entity]
By:

Signature

Print Name

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Exhibit A to the Acquisition Agreement

DESCRIPTION OF ACQUISITION IMPROVEMENTS AND BUDGETED AMOUNTS

[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]

Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.

ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_] ............................................................................................................. $[_] [_] ............................................................................................................. $[_]

* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.

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Exhibit B to the Acquisition Agreement

FORM OF SCIP REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized officer of the CITY OF HANFORD hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND, as follows:

Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:

1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.

2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.

3. If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.

CITY OF HANFORD
By:

Title:

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EXHIBIT C TO THE RESOLUTION

ELIGIBLE FACILITIES AND FEES
Eligible facilities and fees that may be financed by a CFD formed by CSCDA through SCIP include all improvements and fees authorized under the Mello-Roos Act, including but not limited to the following:

Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving (including slurry seal), and decorative/enhanced pavement concrete and/or pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off-site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic control and agency fees; and other improvements related thereto. Eligible improvements for the roads listed herein also include any and all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.

Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand-by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
treatment and distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand-by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/retention basins, drainage pretreatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and other improvements related thereto.

Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie-in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor-control facilities; and permitting related thereto; and related sewer system improvements.

Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space

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required for development within the CFD. These facilities include, but may not be limited to:
grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements.

Authorized facilities include acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within the CFD.

Electrical System Improvements
Authorized facilities include any and all electrical supply and distribution facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
design, distribution lines, vaults, conduit, trenching, transformers and installation of cabling.

School and Educational Facilities
Authorized facilities include classroom renovation, updates to school safety and security systems, technology improvements, energy efficiency improvements, school modernization and retrofitting, and new classroom and school construction as required for development within the CFD.

Other Public Improvements
Authorized facilities include any and all public facilities and infrastructure designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
community center facilities, library facilities, police facilities, fire suppression and response facilities, other public safety facilities, corporation yards, municipal service centers, public parking garages, and other public buildings.

Fees and Charges
Authorized facilities include the direct funding of any of the above referenced facility types for which the Local Agency collects a development impact fee, capacity charge, fair share contribution, or other development-related fee.

Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incidental expenses as authorized by the Mello-Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities (including the cost of environmental evaluation, remediation and mitigation); engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/construction management; costs (including the costs of legal services) associated with the formation of the CFD; issuance of bonds (if any); determination of the amount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimbursements from one-time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of the CFD; and any other expenses incidental to the formation and implementation of the CFD and to the construction, completion, inspection and acquisition of the authorized facilities.

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EXHIBIT D TO THE RESOLUTION

ELIGIBLE SERVICES
Services to be funded, in whole or in part, by any CFD formed by the Authority for Agency Services shall include all direct and incidental costs related to providing for the funding of public safety services, including, but not limited to, police and fire safety, emergency response, and similar services, as well as the funding of services for the maintenance of public improvements. The CFDs may fund services relating to obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provisions of services. The Services may be provided by the Agency directly with its own employees or by contract with third parties, or any combination thereof.

Services to be financed by a CFD shall be limited to Services that are in addition to those provided in the territory of the CFD prior to the date of creation of the CFD and shall not supplant services already available within that territory when the CFD is created.

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CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified City Clerk of the City of Hanford, do hereby certify that the foregoing Resolution No. ___________ was duly adopted at a regular meeting of the City Council of the City of Hanford duly and regularly held at the regular meeting place thereof on the _______ day of __________, 20__, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present.

An agenda of said meeting was posted at least 72 hours before said meeting at _____________________, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Notice of public was published in [name of newspaper] at least 5 days prior to the hearing.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: _______________, 20__
_________________________________
City Clerk of the City of Hanford

By: ______________________________

Seal

14.B.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: PUBLIC HEARING

SUBJECT:

Public Hearing and Adoption of the California Municipal Finance Authority (CMFA) Bond Opportunities for Land Development (BOLD) Program

RECOMMENDATION:

Recommendation:

1. Receive information regarding the California Municipal Finance Authority (CMFA) Bond Opportunities for Land Development (BOLD) Program

2. Hold a Public Hearing and Adopt a Resolution Authorizing the BOLD Program

Recommended Motion:

I move to Approve resolution 24-39-R authorizing the adoption and implementation of the BOLD Program within the City’s boundaries. This resolution will enable the City to utilize the financing mechanisms provided by the California Municipal Finance Authority (CMFA) for public infrastructure development.

BACKGROUND:

INTRODUCTION

The California Municipal Finance Authority (CMFA) is a joint powers agency of which the City is a member. CMFA supports its members by facilitating economic development in communities across the state. City staff have been informed about a program offered by CMFA, known as the "BOLD Program," which provides financing for public infrastructure required for new development within the City. Authorizing the use of the BOLD Program will offer greater flexibility to the development community and reduce administrative burdens on City staff.

DISCUSSION

Background on CMFA. The City is a member of the California Municipal Finance Authority (CMFA), a state-wide joint powers authority (JPA) whose members include numerous cities, counties, and other public agencies throughout California. CMFA has the power to issue bonds to support economic development, job creation, and social programs across the state, while giving back to California communities. By supporting member communities and their local charities with a portion of the revenue generated through the issuance of tax-exempt bonds for public, private, and nonprofit

entities, CMFA directly contributes to building strong communities that promote the health and welfare of California residents.

Background on the BOLD Program. CMFA recognizes that new residential development often challenges municipalities' ability to provide infrastructure and schools, as new development triggers the need to construct, acquire, or otherwise provide additional public facilities to accommodate growth. The BOLD Program offers a financing solution for new or ongoing construction of infrastructure and public facilities through bonds issued by CMFA, providing an alternative to land- secured bonds issued directly by a public entity. The BOLD Program is designed to help local governments, schools, and land developers across the state work together to cost-effectively finance public infrastructure projects and development fees.

Under the BOLD Program, bonds are issued by a community facilities district (CFD) formed by CMFA under the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq.) (the “Act”). The Act offers flexible financing options and is commonly used by cities, schools, and other local agencies throughout the state to fund public facilities, including development fees.

CFDs can also be structured to fund the maintenance of public facilities and cover service costs for the City.

Financing Team. The BOLD Program is managed by a team of bond industry professionals with extensive experience in CFDs across the State. Each team member brings specialized expertise in CFD bond issuance and sales, and the firms involved are consistently ranked among the top in the field. Additionally, if the City wishes to engage a municipal advisor of its own choosing to review the BOLD Program application and/or other program documents, it may do so, with all related costs covered by bond proceeds. Specifically, the BOLD Program engages Jones Hall for bond counsel services, Goodwin Consulting for special tax consulting services, and Piper Sandler & Co. for underwriting services.

Benefits of BOLD Program to Local Governments. Although the CFD would be formed within the City’s jurisdiction, minimal involvement is required. The City Council is only required to take a single action to approve participation in the BOLD Program, and CMFA then works with staff to ensure the program meets the City’s objectives. CMFA and its consultant team will form and approve each CFD; CMFA will issue bonds on behalf of the CFD and levy and collect the special taxes each year. By working directly with developers, the BOLD Program facilitates financing for infrastructure and fee obligations of developers, covering a broad range of development cost obligations necessary for new development imposed by municipalities, including both facilities and impact fees. Using the BOLD Program alleviates local agency staff time constraints and allows staff to focus on other aspects of processing land development projects.

Determining Special Tax Rate. Formation of each CFD requires the establishment of the annual special tax rates. The formula for computing special tax rates will be included in the resolutions to be adopted as part of the CFD formation proceedings. Typically, the formula will include a basic tax for undeveloped land, with an increase in the rate and the shifting of taxes to developed lands at the building permit stage. The total amount of taxes on developed land generally will not exceed 2% of its projected market value in its completed state, per industry standards.

Bond Issuance. Bonds are issued through CMFA, with little involvement from local agencies needed for the issuance process. The City will need to approve the use of a CFD to acquire public facilities and their financing, and enter into a joint community facilities agreement, acquisition agreement, or similar agreement to receive the bond proceeds and to meet the general requirements to maintain the tax exemption of interest on the bonds. CMFA adopts the resolutions needed to

authorize and issue the special tax bonds and awards the sale to the bond underwriter.

Use of Bond Proceeds. Once the bond issuance occurs, bond proceeds are available to be disbursed. The proceeds are held by a bond trustee and available, as directed by the developer and approved by the local agency, to be used to meet obligations to the City and other local agencies according to the structure and timing required for development approvals. Pursuant to an acquisition agreement or similar document, the City will determine and agree to its role in inspecting and accepting infrastructure and/or the payment of financed impact fees.

Underwriting for Bond Issuance. The CFD may be formed early in the development process, with issuance of bonds at a later time or in multiple series. The following are the typical criteria for bond issuance:

• Minimum 4:1 value-to-debt ratio overlapping (assessed or appraised) • No discretionary approvals required for build-out of the portion of the CFD directly relating to the bond security
• Entitlements received that are necessary for the phase to be bonded • Financing plan for backbone infrastructure is complete or imminent and/or performance bond in place

Credit criteria will be reviewed by the underwriting team on a case-by-case basis to ensure reasonable interest rates at issuance. Additionally, similar credits can be pooled together into a single bond issue, with pooling flexibility assuring the most cost-effective bond issuance for each project.

Outsourced Administration of the Bonds and the CFD. Administration of all aspects of the BOLD Program is handled by CMFA, without cost to or burden on the City. City staff time can and will be reimbursed by the participating developers upfront and by CMFA once the bonds are issued.

Giving Back to Local Communities. CMFA shares a portion of its issuance fees directly with its member communities. Additionally, a grant from a portion of the issuance fee is provided to the California Foundation for Stronger Communities (“CFSC”) to fund charities designated by the member communities. Furthermore, a portion of the annual fees received by CMFA is directed to charitable activities within its member communities. This unique commitment to giving back directly to the communities in which they operate sets CMFA apart from other JPA conduit issuers.

Information for Bond Marketing. Tax-exempt municipal bonds are sold through an offering document known as an Official Statement. This document outlines the terms, security, repayment details of the bonds, and information about the property securing them. Since the land is owned by the developer(s) prior to home sales, the Official Statement must include relevant information about the developer and the development plan. The financing team will collaborate with the developer to provide the necessary information and approve the final language for prospective bond buyers.

Disclosure of Special Tax to Home Buyers. California law requires developers to disclose to home buyers the lien of any CFD special tax, which will be present on the purchased property. The form of disclosure is simple and becomes part of the various sale documents presented to buyers for signature prior to a home sale.

CONCLUSION AND RECOMMENDATION

The BOLD Program is a cost-effective form of land-secured financing; the more cost-effective a bond financing is, the greater the overall public benefit (as more proceeds are available for the acquisition

of public infrastructure). The development community has expressed a desire for the City to adopt and implement the BOLD Program, which is an offering of CMFA that the City, as a member of CMFA, is entitled to utilize. It is recommended that the City hold a public hearing on the BOLD Program and adopt a resolution authorizing the program within the City’s boundaries.

FISCAL IMPACT:

None for the City. All the costs and expenses related to the formation, issuance of bonds, and ongoing administration for any CFD formed by the BOLD Program are the responsibility of CMFA, and there is no liability or fiscal impact on the City. The City can be reimbursed for any staff time expended on the program.

ATTACHMENTS:

1. Resolution 24-39-R

RESOLUTION NO. 24-39-R

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD

AUTHORIZING USE OF THE BOND OPPORTUNITIES FOR LAND

DEVELOPMENT PROGRAM AND AUTHORIZING THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM

PROPERTY OWNERS, CONDUCT PROCEEDINGS AND LEVY SPECIAL

TAXES WITHIN THE CITY OF HANFORD PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AS AMENDED; AND AUTHORIZING

RELATED ACTIONS

At a regular meeting of the City Council of the City of Hanford duly called and held on November 05, 2024, at 7:00pm in the Council Chambers of the Civic Auditorium, it was moved by council member , and seconded by Council Member , and duly carried, that the following resolution be adopted.

WHEREAS, the California Municipal Finance Authority (the “CMFA”) is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the “State”); and

WHEREAS, City of Hanford (the “City”) is currently a member of CMFA in good standing; and

WHEREAS, the CMFA has established the Bond Opportunities for Land Development Program (the “BOLD Program”) to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities (together, the “Improvements”) levied by local agencies in the State through the levy of special taxes under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and

WHEREAS, the CMFA from time to time may be requested by owners of land within the City to utilize the BOLD Program for the financing of Improvements related to new development within the City, which Improvements will be financed for acquisition by the City or to finance impact fees payable to the City in connection with new development; and

WHEREAS, the City desires to allow the owners of property within the City to participate in the BOLD Program (“Participating Developers”) and to allow the CMFA to conduct proceedings under the Act to form community facilities districts (“CFDs”) from time to time under the Act, to levy special taxes within such CFDs, and to issue bonds secured by such special taxes under the Act to finance the Improvements, provided that such Participating Developers vote in favor of the levy of such special taxes and bonded indebtedness; and

WHEREAS, property owners within the jurisdiction of the City may in the future elect to be Participating Developers upon obtaining approval of the CMFA, and the CMFA may conduct proceedings under the Act to form CFDs, levy special taxes within such CFDs and issue bonds secured by such special taxes to finance Improvements; and

WHEREAS, the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFD, the levy or collection of special taxes for any CFD or any required remedial action in the case of delinquencies in any special tax payments, or the issuance, sale or administration of any bonds issued in connection with the BOLD Program; and

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WHEREAS, the City finds that the BOLD program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a joint powers authority of which the City is a member, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the Improvements from time to time; and

WHEREAS, bonds of BOLD Program CFDs are issued through CMFA, with no involvement of the City needed other than approving the use of the program and, prior to actual issuance of bonds, entering into an agreement to acquire the public facilities or fees to be paid for with the bond proceeds, and CMFA authorizes and issues the bonds in their name and awards their sale to the bond underwriter per the underwriter’s credit requirements; and

WHEREAS, CMFA’s financing team provides the bond documentation and the Official Statement for the bonds through its bond counsel; and

WHEREAS, by authorizing use of the BOLD Program in the City, the City will not be liable to repay the bonds issued by CMFA or the special taxes imposed on the participating properties and would have no contractual relationship with bond owners or the bond trustee; and

WHEREAS, upon issuance of the bonds, proceeds are a funding source for direct payment of impact fees or to otherwise reimburse developer costs for public facilities associated with new development; once the bond issuance occurs, bond proceeds are available to be disbursed pursuant to a joint community facilities agreement and/or acquisition agreement between CMFA and the City for each project, the form of which is subject to approval by City staff, and the bond proceeds are held by a bond trustee or fiscal agent and become available to a Participating Developer as directed by the City for use on public capital improvements benefitting the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HANFORD AS FOLLOWS:

Section 1. The use of the BOLD Program in connection with the financing of Improvements is hereby authorized and approved. The appropriate officials and staff are hereby authorized and directed to allow BOLD Program participation to be available to property owners who are subject to the payment of fees for new development and/or who are conditioned to install public improvements in connection with new development.

Section 2. The City hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.

Section 3. In connection with the issuance of bonds from time to time by the CMFA for the BOLD Program, a form of acquisition agreement, joint community facilities agreement or similar agreement will be required to be entered into, and the form of such agreement will be subject to approval by the City Manager, Finance Director or their respective designees. The City Council finds and declares that entrance into each such agreement will constitute a “joint community facilities agreement” for purposes of the Act and shall be beneficial to residents of the City. Any such agreement may include, directly or by reference, City standards, policies and

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procedures applicable to the financing of public facilities constructed by developers for acquisition by the City.

Section 4. The appropriate officials and staff of the City are hereby authorized and directed to allow and approve BOLD Program participation by requesting property owners that are required to install public improvements and/or the payment of fees in connection with new development in the City, including signing developer applications or other documents evidencing the official intent of the City to reimburse itself in connection with each project from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program, and to advise such owners requesting participation in BOLD that the City has approved the BOLD Program; provided, that the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense.

Section 5. This Resolution shall take effect immediately upon its adoption. The Clerk of the City Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CMFA.

PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of __________, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Travis Paden
MAYOR of the City of Hanford

ATTEST:

Natalie Corral
City Clerk

State of California )
County of Kings ) ss
City of Hanford )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of , 2024.

Date: City Clerk .

14.C.

AGENDA

STAFF REPORT

MEETING DATE: 11/5/2024 AGENDA SECTION: PUBLIC HEARING

SUBJECT:

Appeal No. 006-24, a request by the applicant, Ayla Tidwell, to overturn the decision of the Planning Commission to deny Conditional Use Permit No. 0038-24, a request by Blue Door Massage and Spa to locate a massage therapy business at 1208 N. Douty Street (APN 010-107-004) in the O-R Office Residential zone district.

STAFF RECOMMENDATION

Staff recommends that the City Council:

1. Adopt Resolution No. 24-43-R, overturning the decision of the Planning Commission to deny CUP0038-24, thus approving CUP0038-24; or

2. Adopt Resolution No. 24-44-R, requesting the Planning Commission to revisit and take action on CUP0038-24.

RECOMMENDED MOTION

1. I move to adopt Resolution No. 24-43-R, overturning the decision of the Planning Commission to deny CUP0038-24, thus approving CUP0038-24; or

2. I move to adopt Resolution No. 24-44-R, requesting the Planning Commission to revisit and take action on CUP0038-24.

A. PROJECT DESCRIPTION

Appeal No. 0006-24

Appeal No. 0006-24 is an appeal of the Planning Commission’s decision to deny Conditional Use Permit No. 00038-24 at the October 8, 2024 Planning Commission meeting. The applicant requests that the City Council of the City of Hanford overturn the decision of the Planning Commission and approve Conditional Use Permit No. 0038-24.

The motion to adopt Resolution No. 2024-17 failed on a 2-1 vote (3 Commissioners absent), due to an inadequate quorum to approve the conditional use permit.

Conditional Use Permit No. 0038-24

Conditional Use Permit No. 0038-24 is a request by Blue Door Massage and Spa to locate a

massage therapy business in the O-R Office Residential zone district, as shown in Attachment 1.

The business is currently located at 709 N. Irwin Street. The use of a massage therapy business requires a Conditional Use Permit in the O-R Office Residential zone district. The last use of the space was an office for the Kings Community Action Organization (KCAO). As stated in the operational statement shown in Attachment 2, the business will operate three – four private massage rooms at this location, along with an ADA-compliant bathroom, an upstairs storage/breakroom area, a personal kitchen, a laundry room, and a reception area to include a small sales area offering wellness products such as essential oils, massage tools, and skincare items. The business will operate from 10 a.m. – 5 p.m. on Monday, Tuesday, and Friday; 10 a.m. – 7:30 p.m. on Wednesday and Thursday; 9 a.m. – 2:30 p.m. on Saturday; and 1 p.m. – 5:30 p.m. on Sunday in order to avoid traffic from St. Brigid Catholic Church. There will be three – four staff members and three – four clients on the property at a time during operating hours. All massage therapists shall ensure they obtain and maintain a valid massage therapist permit from the Hanford Police Department.

Project Location
The proposed project is located at 1208 N. Douty Street (APN 010-107-004) (see Figure 1, below).

Figure 1:

Land Use (property outlined in red)

B. BACKGROUND INFORMATION

General Plan Designation

The General Plan designates the property as Office Residential (see Figure 2, below). In accordance with General Plan Policy L79, Hanford shall establish the Office Residential land use designation to preserve and enhance existing residential structures by allowing them to convert to offices, bed and breakfast inns, or a combination of office and residential units. The project supports this policy, as it will maintain the residential characteristics of the building while still providing an office-like environment. In accordance with General Plan Policy L111, Hanford shall promote efforts to make new and existing neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed-use developments. The project supports the City’s efforts to make existing neighborhoods more complete with a mix of complementary uses.

Figure 2:

General Plan Designation (property outlined in bold)
Office Residential

Zoning Designation

The property is zoned O-R Office Residential, which corresponds with the General Plan designation (see Figure 3, below). The applicant seeks to allow a massage therapy business in the O-R Office Residential zone district. According to the Commercial, Office, and Industrial Zone Use Table, presented in Table 17.08.030 of the Hanford Municipal Code, barber shop, hair salon, nail care, massage therapy, or day spa businesses require a Conditional Use Permit in the O-R Office Residential zone district (see Figure 4, below). A “barbershop, hair salon, nail care, massage therapy, or day spa” business means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided.

This use includes the application of permanent facial makeup, but does not include other forms of tattooing or body art application.

Figure 3:

Zoning Designation (property outlined in bold)
O-R Office Residential

Figure 4:

Land Use Table

Planning Commission – October 8, 2024

Meeting Summary and Actions

Conditional Use Permit No. 0038-24 was presented to the Planning Commission at their October 8, 2024 Planning Commission meeting.

During the meeting, Associate Planner Mark Manha presented the staff report to the Planning Commission. Commissioner Curtis had the following questions prior to the public comment portion of the public hearing:
• How did staff obtain the information from the Police Department? • Staff Response: Staff contacted the Police Department directly to obtain the information. • Is it unusual for this business to be located within a residential zone? • Staff Response: The scale is not inconsistent with the surrounding uses; use is in the O-R Office Residential, which permits a mix of office uses, residential uses, and a combination of

both.
• Noted he read the letter in opposition to the business and noted the letter raises interesting questions issues
• Staff Response: none
• How long would the business take to open?
• Staff Response: The applicant noted they want to open mid-November; however, the City does not impose requirements related to when the business begins operating.

Commissioner Douglas and Chair Norris noted that the combination/conversion of uses is common in this area/district.

Following Commissioner's questions, Chair Norris opened the public comment portion of the public hearing.

Two persons spoke in favor of the project during public comment. Comments are summarized in the Public Comments section.

1. Jolene Jameson (resident/customer of Blue Door)

2. Alya Tidwell (Applicant/Owner)

Following the close of public comment, Commissioner Curtis had the following questions/comments:
• Will this make people uncomfortable having the use next to a school? Has any additional opposition been received?
• Staff Response: No additional opposition has been received; added that there are criteria staff evaluates and makes a recommendation based on those criteria; there is not criteria for the use to be separated from a school site by any distance; recommendation/findings based on the municipal code.

Motion made by Commissioner Douglas to approve Resolution 24-17, seconded by Chair Norris;

2, 1 vote.

Following the vote, the City Attorney noted that the rule regarding resolutions requires a majority vote of the entire body; therefore the vote of two yeses was not sufficient to approve the resolution. The City Attorney encouraged the Commission to reconsider the vote, based on the findings presented in the staff report. The City Attorney noted he reviewed the letter submitted and that the letter notes no substantial evidence to deny the CUP; he noted that there is no evidence in the record that the business would be detrimental to the health, well-being and safety of the City. He further noted that statements regarding illegal conduct is speculative and that proximity to the school is not an issue, since the HMC does not establish distance requirements from a massage use to schools. As indicated by staff, the use is allowed in the zone district where it is being proposed and based on the evidence in the record, a court would conclude that there is no substantial evidence in the record that would justify a decision to deny the permitting. The City Attorney urged the Commission to reconsider the item.

Chair Norris noted that a vote would be taken, again. Commissioner Douglas made a motion to approve Resolution 24-17, seconded by Chair Norris.

2, 1 vote. Therefore, the motion failed.

City Attorney noted that the applicant would have the opportunity to appeal the matter to the City Council.

Appeal No. 0006-24

Appeal No. 0006-24 is an appeal of the Planning Commission’s decision to deny Conditional Use Permit No. 00038-24 at the October 8, 2024 Planning Commission meeting. The applicant requests that the City Council of the City of Hanford overturn the decision of the Planning Commission and approve Conditional Use Permit No. 0038-24.

C. PROJECT EVALUATION

Conformance with the standards of the O-R Office Residential zone district

17.30.030 Lot Area

In the O-R Office Residential zone district, the minimum lot area shall be 5,000 square feet. Existing lots of less than 5,000 square feet may be developed in accordance with the specifications of Chapter 17.30 of the Municipal Code. The subject property is a 5,220-square-foot existing and developed site. The property exceeds the lot area requirement for the O-R Office Residential zone district.

17.30.040 Lot Dimensions

In the O-R Office Residential zone district, the minimum lot frontage shall be 40 feet, the minimum lot width shall be 50 feet for interior lots, and the minimum lot depth shall be 90 feet. The project site has

51.30 feet of street frontage along Douty Street. The lot has a minimum width of 51.30 feet and a depth of 100.30 feet. The property exceeds the lot frontage, width, and depth requirements for the O- R Office Residential zone district.

17.30.050 Site Area per Dwelling Unit

In the O-R Office Residential zone district, the minimum site area per dwelling unit shall be 3,000 square feet. There are no dwelling units existing on or proposed for this lot.

17.30.060 Coverage

The maximum coverage of the lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking and loading requirements. All required building setbacks, landscaping, off-street parking and loading requirements were evaluated and mandated as part of the plan review process.

17.30.070 Building Setback Area

No structure is permitted to be placed within a building setback area.

Front-Building Setback

In the O-R Office Residential zone district, the front building setback area shall be 15 feet from the front property line for livable building space and 20 feet for garages, carports, and other non-livable

building space. The building setback is approximately 27 feet from the front property line along Douty Street, which satisfies the front setback requirement for the O-R Office Residential zone district.

Side-Building Setback

The side building setback area shall be five feet from an interior side property line and 10 feet from a street-side property line. The subject property is an interior parcel, therefore, there is no street-side property line. The interior side building setback is three feet, nine inches, which does not meet the interior side setback requirement. Additionally, there is an existing accessory structure with an interior side setback area of approximately one foot, which does not meet the current accessory structure requirements. However, the structures are considered a legally existing, nonconforming structure. According to Section 17.90.040(A) of the Hanford Municipal Code, “a structure shall be deemed nonconforming if it was lawfully erected prior to the adoption or amendment of this title, but which now does not meet all of the provisions, standards, and requirements of this title applicable to structures.” The applicant does not propose to bring the site into further non-conformance. As existing structures, they may remain, as is.

Rear-Building Setback

The rear building setback shall be 25 feet from the rear property line for two-story structures not adjacent to a landscape easement or an alley. The building has a setback of approximately 34 feet, nine inches from the rear property line, which satisfies the rear setback requirement for the O-R Office Residential zone district. Additionally, there is an existing accessory building located approximately four feet, nine inches from the rear property line, which satisfies the accessory structure setback requirements of three feet from the rear and side property lines for the O-R Office Residential zone district.

17.30.080 Distances Between Structures

The minimum distance between structures shall be 10 feet, except as provided by the building code.

There are two existing detached accessory structures on site, both of which are over 10 feet in distance from each other and the primary structure on site. The property exceeds the distance between structures requirement for the O-R Office Residential zone district.

17.30.090 Height of Structures

The maximum height of structures in the O-R Office Residential zone district is 35 feet. The existing primary building is a two-story structure. There are no changes proposed to the existing building height. The two-story structure does not exceed the zone district height limitations.

17.30.110 Driveways

The width of a driveway and any paved area in the O-R Office Residential zone district shall not cumulatively exceed 40% of the width of the lot’s street frontage on which the driveway and any paved area faces. The site has one driveway on Douty Street. The width of the driveway is approximately 21% of the width of the lot frontage along Douty Street. The driveway meets the requirement for the O-R Office Residential zone district.

17.30.140 Off-Street Parking

There is an existing driveway utilized for parking on site. Since there is not an established parking requirement for massage therapy businesses, the Site Plan Review Committee shall determine the

most similar specified use. It was determined that the parking requirement for offices would be the most similar use for this site. Chapter 17.54.040 of the Hanford Municipal Code requires 1 space per 250 square feet for all office and medical uses, except call center, hospital, and pharmacy. Based on the calculation for parking requirements for a change of use stated below, no additional parking is required.

Calculation:

Proposed Use Massage Therapy
Total Square Feet 1,500 sq. ft.

Parking Requirement Per Municipal Code 1:250 sq. ft.

Total Parking Required (A) 6 stalls

Previous Use Office
Total Square Feet of Previous
Use
1,500 sq. ft.

Parking Requirement of Previous
Use
1:250 sq. ft.

Total Parking Credit (B) 6 stalls

Parking Requirement:

Total Parking Required (A) Less Total Parking Credit (B) equals New Parking Demand (C)

1. 6 - (B) 6 = (C) 0 Parking Spaces Required

The applicant proposes to locate an ADA-accessible parking space at the top of the driveway. Any ADA parking spaces shall conform with current Building Code requirements at the time of development. In addition, to minimize any parking and traffic concerns along Douty Street, the applicant shall encourage their employees to park on side streets, including side streets across the street from the business and utilizing nearby crosswalks. This will also allow their clientele to park along Douty Street in order to provide them more direct access to the business. Parking requirements for the O-R Office Residential zone district are satisfied.

17.30.150 Usable Open Space

Lots with four or less dwelling units shall provide for a usable open space area of a minimum 300 square feet per dwelling unit. The open space shall be a minimum 15 feet wide. As a non-residential use, there is not a requirement to provide usable open space on site.

17.30.160 Landscaping

In accordance with Chapter 17.30.160 of the Hanford Municipal Code, except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Hanford area or up to 100% of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

The existing setback areas visible from the street that are not covered by driveways and parking areas are landscaped. There are no changes proposed to the existing landscaping.

17.30.170 Screening, Fences, and Walls

There is an existing six-foot-high wood fence along the southern side property line and a five-foot- high brick fence within the rear of the subject site.

Front-Yard Fencing

According to the Municipal Code Section 17.50.120, a fence along a front lot line shall not exceed three feet in height, or four feet in height when the upper one foot is 50% or more open. A six-foot- high fence or wall may be located in a front building setback area when set back 10 feet from the front lot line. There is no existing or proposed fencing within the front of the property.

Rear- and Interior-Side Fencing

In accordance with Sections 17.50.120(A) and (B), fencing along a rear property line shall not exceed seven feet in height and fencing along an interior side property line shall not exceed seven feet in height beginning at 10 feet from the front property line. The existing wood fence on the interior side property line of the subject parcel is six feet in height, and the existing brick fence on the rear property line is five feet in height. The applicant does not propose to place any additional fencing and does not propose any modifications to the existing fencing along the interior side and rear property lines.

The project satisfies all screening, fence, and wall regulations for the O-R Office Residential zone district.

17.30.180 Signs

Presently, there is no existing signage on site. All signage must follow the standards set in Chapter

17.56 of the Hanford Municipal Code. For permanent building signs, there is a limit of one sign per site, with a maximum size of eight square feet placed at a maximum of eight feet high; signs may only have external illumination. For permanent freestanding signs, there is a limit of one sign per site maximum, with a maximum size of 20 square feet and a maximum height of six feet; signs may only have external illumination. For temporary building signs, there is a limit of one sign per site, with a maximum size of 12 square feet placed at a maximum of 10 feet high; signs may not have illumination. For temporary freestanding signs, there is a limit of four signs per site maximum, with a maximum size of 16 cumulative square feet and a maximum height of five feet for the first sign and two feet for all other signs; signs may not have illumination.

Signage requires a separate application and will be evaluated at the time of submittal.

All requirements of the O-R Office Residential zone district, prescribed by Chapter 17.30 of the Hanford Municipal Code, are satisfied, except for those items that are legally non-conforming.

D. FINDINGS FOR APPROVAL: CONDITIONAL USE PERMIT NO. 0038-24

Conditional Use Permit No. 0038-24

In taking action on a Conditional Use Permit, the discretionary body must make the appropriate findings, in accordance with Section 17.80.030 of the Hanford Municipal Code:

1. The proposed use would not impair the integrity and character of the zoning district in which it is to be located;

ANALYSIS: That the proposed use will occupy an existing building and not impair the integrity and character of the O-R Office Residential zone district. The use is consistent with the regulations set forth in Chapter 17.30 of the Hanford Municipal Code for the O-R Office Residential zone district, except for those items that are legally non-conforming, but will not be brought into further non- conformance. The use of a massage therapy business is listed as a permitted use with the approval of a Conditional Use Permit in the O-R Office Residential zone district, as prescribed in the Land Use Table in Section 17.08.030. A massage therapy business has been approved previously in this zone district.

2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located;ANALYSIS: That the proposed massage therapy business is compatible with existing and future permitted land uses in the O-R Office Residential zone district. The use is consistent with the regulations set forth in the Hanford Municipal Code Section 17.30 for the O-R Office Residential zone district, except for those items that are legally non-conforming. In accordance with General Plan Policy L111, Hanford shall promote efforts to make new and existing neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed-use developments. The massage therapy business is compatible with surrounding uses as it is a complementary use to other existing uses in the neighborhood.

3. The proposed use is consistent with the General Plan; ANALYSIS: That in accordance with General Plan Policy L79, Hanford shall establish the Office Residential land use designation to preserve and enhance existing residential structures by allowing them to convert to offices, bed and breakfast inns, or a combination of office and residential units. The project supports this policy, as it will maintain the residential characteristics of the building while still providing an office-like environment. In accordance with General Plan Policy L111, Hanford shall promote efforts to make new and existing neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed-use developments. The project supports the City’s efforts to make existing neighborhoods more complete with a mix of complementary uses

4. There will not be significant effects upon the quality of the environment and natural resources;ANALYSIS: That this project is categorically exempt from further environmental review, as per Section 15301 Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines.

A Notice of Exemption has been prepared and is attached as Attachment 3.

5. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

ANALYSIS: That this application has been reviewed by various City departments and evaluated for conformity with the requirements of Chapter 17.30 of the Hanford Municipal Code for the O-R Office Residential zone district. The use of a massage therapy business is compliant with the Hanford Municipal Code. Any improvements or mitigations required for public health, safety, and welfare have been applied to the project as conditions of approval in the resolution. As a measure to ensure public health, safety, and welfare are maintained, the applicant shall create a parking program utilizing safe practices.

E. PUBLIC COMMENTS

Conditional Use Permit No. 0038-24

A Notice of Public Hearing for the Conditional Use Permit was noticed in the local newspaper on September 27, 2024 and mailed to property owners within 300 feet of the project site on September 26, 2024.

The Community Development Department received one comment in opposition of the project from Deene Souza, shown in Attachment 4.

In an excerpt from the comment letter received, Ms. Souza asks, “I have 1 question. Why would a massage parlor be allowed anywhere near where children may be playing in their front yards or roaming in their neighborhood? Please connect with the Hanford Police Department and obtain information on crimes involving massage parlors. In California, massage parlors are commonly charged with soliciting prostitution and engaging in acts of prostitution. This business, which could arguably be considered a legalized prostitution establishment and coverup for sex trafficking and illegal immigration, would be sharing a fence WITH HOMES.”

Community Development staff conferred with Police Chief Huddleston and received information regarding the calls for service from the proposed business’ existing location.

The calls for service for the Blue Door Massage and Spa’s current location, 709 N. Irwin Street, include: five burglar alarm calls, two reports of stray animals, one report of a vehicle that was hit in the parking lot, and one call where the business reported a suspicious person was outside of the business. Per Chief Huddleston the Police Dept. is always monitoring massage businesses to ensure healthy and safe operations and intervening when operations are not legitimate. There have not been concerns with the existing business’ current operation in their years of operation.

During the Planning Commission hearing on October 8, 2024, two persons spoke in favor of the conditional use permit:

Jolene Jameson (resident/customer of Blue Door) –

1. Customer of Blue Door since location was in Lemoore

2. Noted that the business owner is community oriented – strong supporter of Main Street

3. Noted the owners concern with the maintaining the health and well-being of the clients for the business

4. Noted the professionalism of the business

5. Noted that the applicant meets all standards of HMC set for massage

Alya Tidwell (Applicant/Owner) –

1. Responded to a commissioner question regarding services provided: noted, since COVID, mainly massage services

2. Applicant stated she has been in the massage therapy business and licensed for 17 years

3. Applicant noted she has owned Blue Door Massage and Spa for 10 years

4. Agree with community concerns regarding trafficking and safety of children is a top concern, disappointed illegitimate massage parlors have caused this concern for legitimately operating spa businesses

5. Has maintained an excellent reputation in the community

6. Applicant noted she only hires California Board Certified massage therapists, who comply with all State, and City licensing requirements

7. While established in Lemoore, applicant worked with Lemoore PD to shut down illegitimate business

Appeal No. 0006-24

In accordance with Section 17.70.200 Appeals. B. appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter. A Notice of Public Hearing for the Appeal was noticed in the local newspaper on October 25, 2024, and mailed to property owners within 300 feet of the project site on October 24, 2024.

No additional comments have been as of the date of preparation of this report.

F. ENVIRONMENTAL ASSESSMENT

That this project is categorically exempt from further environmental review, as per Section 15301 Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines. There are no exceptions to this exemption, as per Section 15300.2 Exceptions of the California Environmental Quality Act (CEQA) Guidelines. A Notice of Exemption has been prepared and is attached as Attachment 3.

G. CONDITIONS OF APPROVAL

Should the decision of the Planning Commission be overturned and CUP0038-24, approved, the project approval shall be subject to the conditions below:

1. The applicant operates consistent with the approved operational statement.

2. The applicant shall create a parking program utilizing safe practices.

3. A building permit shall be required by the Hanford Building Division to ensure on-site ADA compliance.

H. RECOMMENDATION

In accordance with Section 17.70.200 Appeals:

1. A decision of the Community Development Director may be appealed to the Planning Commission by any interested person within 10 days following the decision of the Community Development Director. Any decision of the Planning Commission, including a decision on an appeal, may be appealed to the City Council by any interested person within 10 days following the decision of the Planning Commission.

2. Appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.

3. A decision on an application that has been appealed may be upheld, overturned, or modified.

The appeal decision shall be adopted by resolution or other applicable document.

Actions that could be taken include:

1. Upholding the decision of the Planning Commission to deny Conditional Use Permit No. 0038- 24 (not recommended, based on the ability to make the required findings to support the CUP);

2. Overturning the decision of the Planning Commission to deny Conditional Use Permit No. 0038-24, thus approving Conditional Use Permit No. 0038-24 (recommended by staff)

3. Modifying the application/decision by requesting that the Planning Commission revisit/take action on the CUP. (recommended by staff)

Staff recommends that the City Council:

1. Adopt Resolution No. 24-43-R, overturning the decision of the Planning Commission to deny CUP0038-24, thus approving CUP0038-24; or

2. Adopt Resolution No. 24-44-R, requesting the Planning Commission to revisit and take action on CUP0038-24.

Applicant/Owner:

Ayla Tidwell
709 N. Irwin St.

Hanford, CA 93230

ATTACHMENTS:

1. Resolution 24-43-R (Overturn)

2. Resolution 24-44-R (Planning Commission Revisit)

3. CUP 0038-24

4. Operational Statement

5. Notice of Exemption No. 2024-71

6. Letter of Opposition

RESOLUTION 24-43-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD APPROVING APPEAL NO. 0006-24, OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY CUP0038-24, THUS APPROVING CUP0038-24. CONDITIONAL USE PERMIT NO. 0038-24, A REQUEST BY BLUE DOOR MASSAGE AND SPA TO LOCATE A MASSAGE THERAPY BUSINESS IN THE O-R OFFICE RESIDENTIAL ZONE DISTRICT. THE PROJECT IS LOCATED AT 1208 N. DOUTY ST. (APN 010-107-004).

At a regular meeting of the City of Hanford City Council, duly called and held on N ovember 5, 2024, on motion of Councilmember , seconded by Councilmember , and duly carried, the following resolution was adopted:

WHEREAS, the City of Hanford City Council held a public hearing and received testimony and evidence for and against Appeal No. 0006-24, an appeal of the Planning Commission’s decision to denying, Conditional Use Permit No. 0038-24, filed by Ayla Tidwell for Blue Door Massage and Spa, in accordance with Section 17.70.200 of the Hanford Municipal Code; and

WHEREAS, Conditional Use Permit No. 0038-24, a request by Blue Door Massage and Spa to locate a massage therapy business in the O-R Office Residential zone district, as shown in Exhibit A, was reviewed by the Planning Commission of the City of Hanford in accordance with Title 17.80 of the Hanford Municipal Code on October 8, 2024; and

WHEREAS, the project is located at 1208 N. Douty St. (APN 010-107-004); and

WHEREAS, the Planning Commission voted 2- 1 to approve Resolution No. 2024- 17,, thus resulting in denial of the Conditional Use Permit, due to a lack of a majority vote of the Planning Commission to approve the action; and

WHEREAS, the project is exempt from environmental review, per Section 15301 Existing Facilities of the California Environmental Quality Act of the California Environmental Quality Act (CEQA) Guidelines and a Notice of Exemption has been prepared; and

NOW, THEREFORE, BE IT RESOLVED, that the City C ouncil of the City of Hanford, has made the following findings, pursuant to Section 17.80.030 of the Hanford Municipal Code:

1. The proposed use would not impair the integrity and character of the zoning district in which it is to be located;

ANALYSIS: That the proposed use will occupy an existing building and not impair the integrity and character of the O-R Office Residential zone district. The use is consistent with the regulations set forth in Chapter 17.30 of the Hanford Municipal Code for the O -R Office Residential zone district, except for those items that are legally non-conforming, but will not be brought into further non-conformance.

The use of a massage therapy business is listed as a permitted use with the approval of a Conditional Use Permit in the O-R Office Residential zone district, as prescribed in the Land Use Table in Section

17.08.030. A massage therapy business has been approved previously in this zone district.

2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located; ANALYSIS: That the proposed massage therapy business is compatible with existing and future permitted land uses in the O -R Office Residential zone district. The use is consistent with the regulations set forth in the Hanford Municipal Code Section 17.30 for the O-R Office Residential zone district, except for those items that are legally non-conforming. In accordance with General Plan Policy L111, Hanford shall promote efforts to make new and existing neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed-use developments. The massage therapy business is compatible with surrounding uses as it is a complementary use to other existing uses in the neighborhood.

3. The proposed use is consistent with the General Plan; ANALYSIS: That in accordance with General Plan Policy L79, Hanford shall establish the Office Residential land use designation to preserve and enhance existing residential structures by allowing them to convert to offices, bed and breakfast inns, or a combination of office and residential units. The project supports this policy, as it will maintain the residential characteristics of the building while still providing an office -like environment. In accordance with Ge neral Plan Policy L111, Hanford shall promote efforts to make new and existing neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may inclu de parks, community centers, religious institutions, daycare centers,

libraries, schools, community gardens, and neighborhood commercial and mixed- use developments.

The project supports the City’s efforts to make existing neighborhoods more complete with a mix of complementary uses.

4. There will not be significant effects upon the quality of the environment and natural resources; ANALYSIS: That this project is categorically exempt from further environmental review, as per Section 15301 Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines. A Notice of Exemption has been prepared.

5. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

ANALYSIS: That this application has been reviewed by various City departments and evaluated for conformity with the requirements of Chapter 17.30 of the Hanford Municipal Code for the O-R Office Residential zone district. The use of a massage therapy business is com pliant with the Hanford Municipal Code. Any improvements or mitigations required for public health, safety, and welfare have been applied to the project as conditions of approval in the resolution. As a measure to ensure public health, safety, and welfare are maintained, the applicant shall create a parking program utilizing safe practices.

THEREFORE, BE IT RESOLVED that Appeal N o. 0006- 24 be approved, overturning the decision of the Planning C ommission to deny Conditional Use Permit No. 00 38-24, thus appro ving Conditional Use Permit No. 0038-24, subject to the conditions presented in Exhibit B, and the conditions below:

1. The applicant operates consistent with the approved operational statement, attached as Exhibit C.

2. The applicant shall create a parking program utilizing safe practices.

3. A building permit shall be required by the Hanford Building Division to ensure on- site ADA compliance.

EXPIRATION
That this Conditional Use Application Permit become null and void two (2) years after the effective date of approval, unless, prior to the expiration, the use for which the permit was approved has commenced. Prior to expiration of a permit, a person having authority to file an application may file a written request with the Community Development Director for extension of a permit that may otherwise expire. The request for extension will be taken to the Planning Commission, who may extend the expiration of the permit by one year.

Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on November 5, 2024, by the following roll call 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 ____ day of ___________________, 2024.

Date:__________________________________

NATALIE CORRAL

CITY CLERK

Exhibit A
Site Plan and Floor Plan

Exhibit B
Conditions of Approval

PLANNING DIVISION
Contact Associate Planner Mark Manha at (559) 585-2583 or [email protected] concerning questions regarding the comments below:

General Requirements:

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.

That all approved proposals of the applicant be conditions of development, if not mentioned herein.

That no expansion of the use which would tend to increase the projected scale of operations shall be permitted except upon application for, and approval of, modification of this application according to all procedures and requirements thereof.

That if cultural resources are discovered during construction or related activities, all work shall be halted and a qualified archeologist and the City of Hanford shall be notified. The find shall be properly investigated and appropriate measures are to be taken before construction may continue.

O-R Zone Requirements (all checked shall apply):

Building Setback Areas: (Section 17.30.070) – no building expansion proposed

That the appropriate setbacks be maintained for new construction, as follows:

The front building setback area shall be 20 feet.

The rear building setback may be 15 feet.

The side building setback may be five feet.

Distance Between Structures: (Section 17.30.080)

That the minimum distance between structures shall be 10 feet, except as provided by the building code.

Conversion to Nonresidential Use: (Section 17.30.100)

That when an existing building that has been used as a residence is partially or fully converted to nonresidential use, the following standards shall apply:

No exterior alterations or additions shall be permitted that significantly alters the original architectural style of the building.

Exterior alterations or additions to buildings shall be minimized to the extent possible.

Height of Structures: (Section 17.30.090)

That the maximum structure height shall be 35 feet.

Driveways: (Section 17.30.110)

That the width of a driveway and any paved area shall not cumulatively exceed 40% of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50% of the front building setback area.

That on corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

That on key lots, the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.

Landscaping: (Section 17.30.160 and 17.52)

That all existing landscaping remain for the site.

That except for driveways and approved parking areas all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Hanford area or up to 100% of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

That the landscaped area shall be planted with live and healthy plant materials suitable for screening/or ornamenting the site. Landscaped areas shall be watered by automatic systems and designed and developed in accordance with Chapter 12.08 and the most recent State Model Water Efficient Landscaped Ordinance.

That no fence, hedge, or shrub shall be installed, planted, or maintained along a street frontage, which creates a traffic or pedestrian hazard.

Screening, Fences, and Walls: (Section 17.50.120)

That, fences and walls in the R -L, R-M, R-H, OR, O and PF zone districts shall be constructed or installed in accordance with the following:

Along a rear lot line not exceeding seven (7) feet in height.

Along an interior side lot line not exceeding seven (7) feet in height beginning at ten (10) feet from the front lot line.

On a corner lot along the street side lot line not exceeding seven (7) feet in height beginning at twenty-five (25) feet from the front lot line. On a reverse corner lot, the fence or wall is to be set back from the street side lot line five (5) feet. On a reverse corner lot, the rear lot line fence is not to extend beyond the five (5) foot street side building setback area.

On a corner lot when a residence is constructed with its front access facing the street side lot line of a corner lot, a six (6) foot high fence is to be placed ten (10) feet behind the front property line.

The street corner forty -five (45) degree angle line of sight is to be maintained as described in subsection H of this section. When the front of the house fronts the street side lot line a fence exceeding three (3) or four (4) feet in height as described in subsections E and F of this section is to be set back ten (10) feet from the street side lot line.

Along a front lot line not exceeding three (3) feet in height.

Along a front lot line not exceeding four (4) feet in height when the upper one (1) foot is fifty percent (50%) or more open.

Along a front lot line an open chain link fence up to seven (7) feet in height may be located in conjunction with a public or quasi-public playground or park use.

A six (6) foot fence or wall may be located in a front building setback area when set back ten (10) feet from the front lot line. Except in the case of a corner lot, the fence wall shall begin a forty-five (45) degree angle at a point twenty- five (25) feet from the front lot line located on the street side lot line.

That any proposed fencing on the site be maintained in good repair.

That no fence or wall shall be placed within the public right-of-way.

That a masonry fence exceeding three (3) feet in height shall require engineered footings and a building permit. All other fencing exceeding seven (7) feet in height shall require engineered post footings and a building permit.

That no hedge, shrub, fence, or wall exceeding the three (3) feet in height, or four (4) feet in height if the upper one (1) foot is fifty (50) percent or more open shall be planted, placed, or maintained within the twenty-five (25) feet corner sight triangle of a corner lot, or along a front or street side property line where the hedge, shrub, fence, or wall creates a traffic or pedestrian hazard as determined by the Community Development Director.

Signage: (Section 17.56)

That any/all signs proposed for this development shall be subject to the requirements and prescribed in Chapter 17.56 of the Hanford Municipal Code. A separate application is required.

Outdoor Lighting Standards: (Section 17.50.140)

That all lights and light fixtures, except public street lights, shall be located, aimed or shielded so as to minimize light trespassing across property boundaries or skyward.

That no lights or light fixtures shall flash, revolve, blink or otherwise resemble a traffic control signal or operate in such a fashion to create a hazard for passing traffic.

That building mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.

That the canopy ceiling light fixtures shall be recessed or the sides of the lens area shall be shielded, in order to eliminate emission of horizontal light.

That mercury vapor lamps shall be a fully shielded fixture with all light directed on-site.

That freestanding light fixtures shall not exceed eighteen (18) feet in height measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.

Dust Control:

That the appropriate dust -control practices of the San Joaquin Valley Air Pollution Control District shall be implemented.

That the any necessary permits be obtained through the San Joaquin Valley Air Pollution Control District.

Exhibit C
Operational Statement

Description of the Project -

Blue Door Massage and Spa is seeking to relocate our established business within the city of Hanford.

Our business has been in operation for 10 years, with the last 7 years spent serving the Hanford community. This relocation project aims to provide our clients with a more enhanced facility that continues to deliver the high-quality massage services that we are known for.

Project Goals: To move our current business operations to a new location within Hanford that offers a more conducive environment for our services.

To maintain and expand our client base by offering an upgraded facility with additional amenities.

To continue fostering community wellness through our range of therapeutic massage services.

Project Scope: Relocation of existing business operations, including all equipment and furnishings.

Minimal interior modifications to suit the layout and ambiance of the new location, ensuring a seamless transition for both clients and staff.

Implementation of updated signage and branding consistent with our current business identity.

Community and Economic Impact: Sustaining local employment by retaining our current staff and potentially creating new job opportunities as we expand our scheduling.

Enhancing the local business environment by offering a well-regarded service that contributes to the overall wellness and quality of life of Hanford residents.

Strengthening our commitment to the Hanford community through continued engagement in local events and partnerships with community organizations.

Timeline:

Planning and preparation: 1-2 months
Physical move and setup: 1 week
Soft opening and transition period: 1 month
Full operational capacity: Expected within 3 months from the start of the project

We are excited about this new chapter for Blue Door Massage and Spa and look forward to continuing to serve the Hanford community with excellence and dedication.

Blue Door Massage and Spa: Plan Details for 1208 N. Douty Street

Business Name: Blue Door Massage and Spa

Overview: Blue Door Massage and Spa is a well -established business dedicated to promoting health and wellness through various therapeutic massage services. At Blue Door, our experienced Massage Therapists customize each massage for every one of our clients. Rather than offering you a list of specific massage modality/treatment options or charge you an obscured price for different techniques, we will take your goals, concerns, and your body's prob lem areas into consideration when crafting a massage just for you.

Our Massage Therapists will combine the techniques that they specialize in to provide you with a truly unique experience.

Services Provided:

CUSTOMIZED MASSAGE THERAPY SERVICES:
• 20 minute massage-$25
• 30 minute massage-$45
• 45 minute massage-$55
• 60 minute massage-$75
• 90 minute massage-$100
• 60 minute COUPLES-$160

Facility Description: Our spa is designed to create a tranquil and relaxing environment for our clients. The facility includes:
• Private massage rooms
• A reception area
• ADA approved Restroom
• A small retail section offering wellness products such as essential oils, massage tools, and skincare items

Operational Hours:
• Monday to Friday: 10am - 5pm
• Extended hours on Wednesdays and
Thursdays: 10am - 7:30pm
• Saturday: 9am - 2:30pm
• Sunday: 1pm -5:30pm
(Hours on Sunday to avoid church traffic)

Staffing: Our team consists of certified massage therapists who are highly skilled and dedicated to providing personalized and effective treatments. We also have a receptionist available during operational hours to assist with appointments and client inquiries.

Staff Parking: Blue Door Massage and Spa employs a total of 9 staff members. However, due to our scheduling system and the availability of only 3- 4 massage rooms, we typically have 3- 4 employees working at a time. Our business is located on North Douty Str eet between crossing streets Cameron and Keith. To ensure that parking is readily available for our clients, our employees will park along Cameron Street, which is a very short walk. This arrangement helps maintain convenient parking access for our clients directly in front of the spa.

Clientele: We cater to a diverse clientele, including individuals seeking relief from chronic pain, stress reduction, and overall wellness. Our services are suitable for people of all ages, from children to seniors.

Community Impact: Blue Door Massage and Spa is committed to contributing positively to the community by promoting health and wellness. We occasionally partner with local organizations to provide educational workshops on stress management and self-care techniques.

Compliance: We adhere strictly to all local health and safety regulations and maintain high standards of cleanliness and hygiene within our facility. All therapists are licensed and insured, and we continuously update our practices to ensure the safety and well-being of our clients and staff. We also make sure that each Licensed Massage Therapist is permitted, as required, by the Hanford Police Department.

RESOLUTION 24-44-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD REQUESTING

THE PLANNING COMMISSION OF THE CITY OF HANFORD TO REVIST AND TAKE ACTION ON CUP0038-24. CONDITIONAL USE PERMIT NO. 0038-24, A REQUEST BY BLUE

DOOR MASSAGE AND SPA TO LOCATE A MASSAGE THERAPY BUSINESS IN THE O-R OFFICE RESIDENTIAL ZONE DISTRICT. THE PROJECT IS LOCATED AT 1208 N. DOUTY ST. (APN 010-107-004).

At a regular meeting of the City of Hanford City Council, duly called and held on November 5, 2024, on motion of Councilmember , seconded by Councilmember , and duly carried, the following resolution was adopted:

WHEREAS, the City of Hanford City Council held a public hearing and received testimony and evidence for and against Appeal No. 0006- 24, an appeal of the Planning Commission’s decision to denying, Conditional Use Permit No. 0038 -24, filed by Ayla Tidwell for Blue Door Massage and Spa, in accordance with Section 17.70.200 of the Hanford Municipal Code; and

WHEREAS, Conditional Use Permit No. 0038- 24, a request by Blue Door Massage and Spa to locate a massage therapy business in the O -R Office Residential zone district, as shown in Exhibit A and described in Exhibit B, was reviewed by the Planning Commission of the City of Hanford in accordance with Title 17.80 of the Hanford Municipal Code on October 8, 2024; and

WHEREAS, the project is located at 1208 N. Douty St. (APN 010-107-004); and

WHEREAS, the Planning Commission voted 2- 1 to approve Resolution No. 2024- 17,, thus resulting in denial of the Conditional Use Permit, due to a lack of a majority vote of the Planning Commission to approve the action; and

WHEREAS, the project is exempt from environmental review, per Section 15301 Existing Facilities of the California Environmental Quality Act of the California Environmental Quality Act (CEQA) Guidelines and a Notice of Exemption has been prepared; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hanford, requests that the Planning Commission revisit and take action on Conditional Use Permit No. 0038-24, in accordance with the procedures set forth in Section 17.82.020 and 17.70 of the Hanford Municipal Code.

Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on November 5, 2024, by the following roll call 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 ____ day of ___________________, 2024.

Date:__________________________________

NATALIE CORRAL

CITY CLERK

Exhibit A
Site Plan and Floor Plan

Exhibit B
Operational Statement

Description of the Project -

Blue Door Massage and Spa is seeking to relocate our established business within the city of Hanford.

Our business has been in operation for 10 years, with the last 7 years spent serving the Hanford community. This relocation project aims to provide our clients with a more enhanced facility that continues to deliver the high-quality massage services that we are known for.

Project Goals: To move our current business operations to a new location within Hanford that offers a more conducive environment for our services.

To maintain and expand our client base by offering an upgraded facility with additional amenities.

To continue fostering community wellness through our range of therapeutic massage services.

Project Scope: Relocation of existing business operations, including all equipment and furnishings.

Minimal interior modifications to suit the layout and ambiance of the new location, ensuring a seamless transition for both clients and staff.

Implementation of updated signage and branding consistent with our current business identity.

Community and Economic Impact: Sustaining local employment by retaining our current staff and potentially creating new job opportunities as we expand our scheduling.

Enhancing the local business environment by offering a well-regarded service that contributes to the overall wellness and quality of life of Hanford residents.

Strengthening our commitment to the Hanford community through continued engagement in local events and partnerships with community organizations.

Timeline:

Planning and preparation: 1-2 months
Physical move and setup: 1 week
Soft opening and transition period: 1 month
Full operational capacity: Expected within 3 months from the start of the project

We are excited about this new chapter for Blue Door Massage and Spa and look forward to continuing to serve the Hanford community with excellence and dedication.

Blue Door Massage and Spa: Plan Details for 1208 N. Douty Street

Business Name: Blue Door Massage and Spa

Overview: Blue Door Massage and Spa is a well -established business dedicated to promoting health and wellness through various therapeutic massage services. At Blue Door, our experienced Massage Therapists customize each massage for every one of our clients. Rather than offering you a list of specific massage modality/treatment options or charge you an obscured price for different techniques, we will take your goals, concerns, and your body's problem areas into consideration when crafting a massage just for you.

Our Massage Therapists will comb ine the techniques that they specialize in to provide you with a truly unique experience.

Services Provided:

CUSTOMIZED MASSAGE THERAPY SERVICES:
• 20 minute massage-$25
• 30 minute massage-$45
• 45 minute massage-$55
• 60 minute massage-$75
• 90 minute massage-$100
• 60 minute COUPLES-$160

Facility Description: Our spa is designed to create a tranquil and relaxing environment for our clients. The facility includes:
• Private massage rooms
• A reception area
• ADA approved Restroom
• A small retail section offering wellness products such as essential oils, massage tools, and skincare items

Operational Hours:
• Monday to Friday: 10am - 5pm
• Extended hours on Wednesdays and
Thursdays: 10am - 7:30pm
• Saturday: 9am - 2:30pm
• Sunday: 1pm -5:30pm
(Hours on Sunday to avoid church traffic)

Staffing: Our team consists of certified massage therapists who are highly skilled and dedicated to providing personalized and effective treatments. We also have a receptionist available during operational hours to assist with appointments and client inquiries.

Staff Parking: Blue Door Massage and Spa employs a total of 9 staff members. However, due to our scheduling system and the availability of only 3- 4 massage rooms, we typically have 3- 4 employees working at a time. Our business is located on North Douty Str eet between crossing streets Cameron and Keith. To ensure that parking is readily available for our clients, our employees will park along Cameron Street, which is a very short walk. This arrangement helps maintain convenient parking access for our clients directly in front of the spa.

Clientele: We cater to a diverse clientele, including individuals seeking relief from chronic pain, stress reduction, and overall wellness. Our services are suitable for people of all ages, from children to seniors.

Community Impact: Blue Door Massage and Spa is committed to contributing positively to the community by promoting health and wellness. We occasionally partner with local organizations to provide educational workshops on stress management and self-care techniques.

Compliance: We adhere strictly to all local health and safety regulations and maintain high standards of cleanliness and hygiene within our facility. All therapists are licensed and insured, and we continuously update our practices to ensure the safety and well-being of our clients and staff. We also make sure that each Licensed Massage Therapist is permitted, as required, by the Hanford Police Department.

100.30'
100.30'

52.25'

51.30'
N. D O U T Y S T.

SITE PLAN1"=10'-0"
NORTH
3'-9"44'-5"3'-9"
27' 32'-4"40'-8"
(E.) 5' WD.SIDEWALK(E.) CURB &GUTTER(E.) 54" WD.ACCESSIBLECONC. RAMP (E.) CONC.PORCH
(E.) 11' WD.CONC. DRIVE5' H. BRICKFENCE
6' H. WOODFENCE
(E.) 8' X10'STOR. BLDG.
(E.) 10' X12'STOR. BLDG.
(E.) 1500 SQ. FT.BUILDING
(E.) SHARED CONC.DRIVE APPROACH4'-5" SQ. PAINTEDSYMBOL LOCATE INFRONT OF STALL ASSHOWN19'DISABLEDPARKING SIGNEXTEND CONC.DRIVE AS NEEDED 16'
SITE ADDRESS: 1208 N. DOUTY ST. HANFORD, CA. 93230OWNER: BLUE DOOR MASSAGE & SPA 1216 OXFORD WAYHANFORD, CA. 93230PROJECT INFORMATION PROJECT SCOPE: MASSAGE THERAPY / SPA
A.P.N. 010-107-004ZONING: RESIDENTIAL / OFFICESITE AREA: 5,220 SQ. FT.

Blue Door Massage and Spa: Plan Details for 1208 N. Douty Street

Business Name: Blue Door Massage and Spa

Overview: Blue Door Massage and Spa is a well-established business dedicated to promoting health and wellness through various therapeutic massage services. At Blue Door, our experienced Massage Therapists customize each massage for every one of our clients. Rather than offering you a list of specific massage modality/treatment options or charge you an obscured price for different techniques, we will take your goals, concerns, and your body's problem areas into consideration when crafting a massage just for you. Our Massage Therapists will combine the techniques that they specialize in to provide you with a truly unique experience.

Services Provided:

CUSTOMIZED MASSAGE THERAPY SERVICES:
• 20 minute massage-$25
• 30 minute massage-$45
• 45 minute massage-$55
• 60 minute massage-$75
• 90 minute massage-$100
• 60 minute COUPLES-$160

Facility Description: Our spa is designed to create a tranquil and relaxing environment for our clients. The facility includes:
• Private massage rooms
• A reception area
• ADA approved Restroom
• A small retail section offering wellness products such as essential oils, massage tools, and skincare items

Operational Hours:
• Monday to Friday: 10am - 5pm
• Extended hours on Wednesdays and

Thursdays: 10am - 7:30pm
• Saturday: 9am - 2:30pm
• Sunday: 1pm -5:30pm
(Hours on Sunday to avoid church traffic)

Staffing: Our team consists of certified massage therapists who are highly skilled and dedicated to providing personalized and effective treatments. We also have a receptionist available during operational hours to assist with appointments and client inquiries.

Staff Parking: Blue Door Massage and Spa employs a total of 9 staff members. However, due to our scheduling system and the availability of only 3-4 massage rooms, we typically have 3-4 employees working at a time. Our business is located on North Douty Street between crossing streets Cameron and Keith. To ensure that parking is readily available for our clients, our employees will park along Cameron Street, which is a very short walk. This arrangement helps maintain convenient parking access for our clients directly in front of the spa.

Clientele: We cater to a diverse clientele, including individuals seeking relief from chronic pain, stress reduction, and overall wellness. Our services are suitable for people of all ages, from children to seniors.

Community Impact: Blue Door Massage and Spa is committed to contributing positively to the community by promoting health and wellness. We occasionally partner with local organizations to provide educational workshops on stress management and self-care techniques.

Compliance: We adhere strictly to all local health and safety regulations and maintain high standards of cleanliness and hygiene within our facility. All therapists are licensed and insured, and we continuously update our practices to ensure the safety and well-being of our clients and staff.

We also make sure that each Licensed Massage Therapist is permitted, as required, by the Hanford Police Department.