Agenda packet — Hanford City Council, May 17, 2022 (part 1 of 2)

May 17, 2022
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

***AMENDED***

*5:30 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK :

PUBLIC COMMENT:

Comments from the public are limited to items on the agend a (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION :

Kings County Voters Choice Presentation
CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

CONFERENCE WITH LEGAL COUNSEL-LABOR NEGOTIATIONS (GC 54957.6):

Agency Designated Representatives: Che Johnson, Mario Cifuentez, Sarah Cardoza, Chris Tavarez, and Brenda Garcia.

Employee Organizations: Hanford Police Officers Association (POA); Han ford Firefighters; Local 3898 (IAFF); Hanford Ge neral Employees Management Association (GEMA); Service Employees International Union Local 521 (SEIU); and Executive Management Employees Association (EMEA).

Council Members will meet in-person in the Council Chambers.

The meeting will also be lived streamed on the City’s website:
http://livestream.hanford.city/

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Chaplain Marleny Senn
FLAG SALUTE:

RECOGNITIONS/PROCLAMATIONS:

Proclamation declaring May Community Action Month
CLOSED SESSION ACTION REPORT:

COUNCIL REPORTS/GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

PUBLIC COMMENT:

Comments from the public are limited to items listed on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a requ est is made and then the item will be removed fr om the Consent Calendar to be discussed and voted upon by a separate motion.

A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the November 16, 2021 Meeting C. City Clerk: Approval of the Minutes of the December 7, 2021 Meeting D. City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Tara Ramirez.

E. Administration: Authorization for the City Manager to execute a Retainer Agreement with the Farley Law Firm to provide Conflict Counsel for Council Members Brieno and Ramirez F. Parks and Community Services: Award of a sole-source contract to Valley Security Alarm for the installation of security cameras at seven (7) City parks and facilities and the installation of two (2) solar-powered lights at Earl F. Johnson Park and Appropriation of $191,240 from the General Fund for the crea tion of the CIP project to be funded through a $ 177,952 grant from the California Department of Parks and Recreation Per Capita Grant Program G. Public Works: Adoption of Resolution No. 22-20-R, thereby identifying the official “Project List” for RMRA gas tax funding for Fiscal Year 2022/23
H. Police: Approval of an amended 2 -year agreement between the City of Hanford and the Hanford Elementary School District (HESD) to provide School Resource officers for the District.

PUBLIC HEARINGS:

A. Public Works: Int roduction of Ordinance No. 22 -06 which amends Ch apter 13.12 (Solid Waste Collection and Disposal), Chapter 2.48 (Purchasing system), and Chapter 12.08 (Water efficient landscape design and installation) of the Hanford Municipal Code relating to compliance with SB 1383.

GENERAL BUSINESS:

A. Parks and Community Services: Update to Council on the Heroes Park project and Appropriation of funding to formally create a Capital Improvement Project for the acquisition and development of the new 40-Acre park
B. Consideration of the Adoption of Resolution No. 22 -22-R, authorizing the restructuring of the CalPERS Unfunded Accrued Liability (UAL) and approving the issuance of of up to $31 million in 2022 Taxable Pension Obligation Bonds
C. Council: Adoption of Resoluti on 22 -21-R, memorializing the City of Hanford's Formal Opposition to Measure F on the June 2022 Ballot of the County of Kings.

COUNCIL COMMENTS AND COMMUNICATIONS:

At this time, any Council Member may ask a question for clarification, make an announcement , or report briefly on their activities. In addi tion, subject to Council Policies and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of busines s on a future agenda. (GOV. CODE SEC. 54954.2)
Council Future Agenda Items
Upcoming Events and Important Dates:

May 19 & 26: Thursday Night Market Place 5:30 pm – 9:00 pm in Civic Park May 21: Grand Opening of the Fitness Court at Hidden Valley Park 10:00 am May 21: Taco Truck Throw Down Seventh Street-Downtown Hanford 5:00 pm – 10:00 pm May 30: Holiday – City offices will be closed
June 1: 2nd Quarter City/County Coordinating Meeting Location: City of Corcoran ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: B

SUBJECT:

City Clerk: Approval of the Minutes of the November 16, 2021 Meeting

Recommendation:

Approve the minutes of the November 16, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

11.16.2021 Min

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CITY COUNCIL MEETING

MINUTES
November 16, 2021 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

Mayor Ramirez called the Study Session and Closed Session to order at 4:00 p.m.

ROLL CALL BY THE CITY CLERK :

Present: Francisco Ramirez, Diane Sharp, Kalish Morrow, Art Brieno, Amanda Saltray PUBLIC COMMENT :

Comments from the public are limited to items on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

None.

STUDY SESSION :

A. COS Leadership Academy Attendee Recognition
City Manager Mario Cifuentez discussed the COS Leadership Academy Program and presented certificates to the employees in attendance:

Edgar Aguayo - Police Officer
Destiny Borba - Finance Analyst
Robert Buchanan - Construction Inspector II
Sarah Cardoza - HR Manager
Natalie Corral - City Clerk
Armando Da Silva - Recreation Supervisor
Eric Forcey - IT Manager
Manuel Gallegos - Senior Utilities Maintenance Worker
Randy Green - Custodian
Keri Hunter - Senior Records Clerk
Rolando Jaime - Police Officer
James Lutz - Police Lieutenant
B. Finance: Receive presentation from NHA Advisors on pension cost containment strategies and provide input and direction on development of possible strategies and future development of a Pension Funding Policy
Finance Director Chris Tavarez provided the background and introduced NHA Advisors, Principal Eric Scriven and Vice President Mike Meyer (teleconference). The NHA Advisors presented and discussed the pension cost

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes) containment str ategies for the C ouncil's consideration and direction. No formal action was required. The advisors and staff answered questions from the Council. Mr. Scriven discussed the recommendation and the next steps. After a lengthy discussion the Council directed staff to continue to pursue the UAL restructuring and the stress testing analysis.

C. Overview of City’s Code Enforcement Division and discussion of Blighted Areas and Nuisance issues
Building Official Tom Webb provided an overview of the City's Code Enforcement Di vision. Mr. Webb discussed the divisions general issues and some of the current challenges. Staff also discussed the need for an additional code compliance officer. Staff answered questions from the Council. After a lengthy discussion the Council directed staff to prepare staffing options for a future discussion.

The Council convened to closed session at 6:23 p.m.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC 54956.9 (d)(1):

City of Hanford v. Paul Singh Family Limited Partnership Kings County Superior

CONFERENCE WITH LEGAL COUNSEL - REAL PROPERTY NEGOTIATIONS (GC 54956.8):

Property: 11722 Fargo Ave.

APN: 007-360-016-000
Agency Negotiators: Ty Mizote
CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATIONS (GC 54957.6) :

Agency designated representatives: Mario Cifuentez and Ty Mizote Employees: All represented and unrepresented employees
CALL TO ORDER REGULAR SESSION:

Mayor Ramirez called the meeting to order at 7:00 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Present 3:55 PM
Art Brieno Council Member Present 3:59 PM
Kalish Morrow Council Member Present 3:50 PM
Amanda Saltray Council Member Present 3:58 PM
Francisco Ramirez Mayor Present 3:30 PM

INVOCATION:

The invocation was led by Sylvia Gaston.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes) RECOGNITION/PROCLAMATIONS:

A. Recognition of the art contest winners for the design on the new Park Resource Officer Truck Police Chief Parker Sever and Par ks and Community Services Director Brad Albert recognized the art contest winners for the art designs on the new Park Resource Officer Truck: Kilyn Braz, Crystal Rodriguez, and Leah Vidal.

B. Christian Heritage Week Proclamation 2021
Council Member Saltray presented the Christian Heritage Week Proclamation to Pastor Mark Curts.

CLOSED SESSION ACTION REPORT:

A bonus of $1500.00 was approved for the city’s full-time essential workers, hired before September 2021.

STAFF COMMUNICATIONS:

City Manager Mario Cifuentez provided departmental updates. He also discussed the meetings he attended.

Parks and Community Services Director Brad Albert provided an updat e for the Winter Wonderland Ice Rink and announced upcoming events.

Police Chief Parker Sever discussed the food for fines program and provided a department update.

COUNCIL REPORTS/COMMENTS:

Vice Mayor Sharp discussed the events and meetings she attended.

Council Member Morrow had nothing to report.

Council Member Brieno recognized Jack Schwartz for the Carnegie events.

Council Member Saltray discussed the Town Hall meeting. She also discussed the meetings and events she attended.

Mayor Ramirez discussed the events he attended and thanked Parks and Community Services Director Brad Albert for his participation in the community.

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Michelle Brown, Executive Director of Main Street Hanford, thanked the Council for the ice rink in Civic Park and she discussed the impact it will have on the community.

Brent Olson commented on the cannabis tax proposal.

Jack Schwartz commented on the car show event and thanked the police department and fire department for their help. He also thanked the city for their support.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes)

Bob Ramos commented on Caliva's signage and the RFP for City Attorne y Services. He also questioned the project cost of General Business Item A.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Council Member Brieno pulled items G and I. Vice Mayor Sharp pulled item I.

Motion to approve the consent calendar except the items pulled for separate consideration.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. Administration: Approval of the City of Hanford salary schedules, including amendments to job classifications or title changes ma de since July and the increase in minimum wage and authorization for City Administration to amend all other documents as may be necessary to implement the updates.

C. Administration: Approval of an Amendment to the Memorandum of Understanding (MOU) with the County of Kings, for the annexation of eight (8) islands that are full y surrounded by the City of Hanford, to amend the date of the transition of Law Enforcement coverage to become effective on July 1, 2023
D. Administration: Approval of Amendmen t No 1 of the License Agreement between the Carnegie Museum of Kings County and the City of Hanford to extend the term of the agreement until December 31, 2022
E. Administration: Approval of the Sale of one (1) parcel on Idlewood Way to Habitat for Humanity of Tulare/Kings Counties, Inc.

F. Community Development: Approval of the Second reading and adoption of Ordinances 21- 07 through 21-13, approving Prezone No. 2021- 01 through -03 and 2021- 05 through -08, a request to prezone the county islands, in accord ance wi th their General Plan Designation. Location:

Seven County Islands, various locations.

G. Community Development: Sign Permit 2021- 36: A request by Main Street Hanford to paint a mural onto the exterior wall of an existing building. The property is lo cated at 114-116 N. Irwin Street. (APN 012-055-009).

H. Public Works: Approval of a payment to King's Petroleum, for the purchase of unleaded fuel for Fleet Operations, in the amount is $31,480.74.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes) I. Public Works: Acceptance of the Grant Deed from Brian D . McCutcheon, an unmarried man, dated October 26, 2021 for street widening purpo ses at Cedar Grove Street and 13th Avenue; Authorization for the City Manager to sign the deed certification and the City Clerk to file said deed with the Kings County Recorder's office.

J. Public Works: Award a contract to TBS Construction of Madera Ca, i n the amount of $257,278.78 for the FY 20/21 CDBG Lacey Park Basketball Courts Project, establish a construction contingency of $25,000.00 for this project, appropriate an addi tional $64,319.70 from the Park Impact Fee Reserve Fund and $40,359.08 from the Accumulated Capital Outlay Reserve Fund to fully fund the project.

K. Public Works: Authorization to Advertise for Bids for the Drilling and Development Phase of the FY 20/21 New Wat er Supply Wells Project and Pre- Authorize the City Manager to award and execute the contract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.

PULLED ITEMS:

1. Community Development: Second reading of Ordinance 21- 14, approving Zone Text Amendment No. 2021- 01: A request, by the City of Hanford, to amend Title 17, Section

17.08.030 – Commercial, Office, and Industrial Zone Use Table of the Hanford Municipal Code by adding sections in order to : a. Create size breakdowns for “Office; medical, dental, or optometry” and allow limited office uses in the C -R Regional Commercial zone district; and b.

Create size breakdowns for “Office; professional or commercial” and allow limited office uses in the C-R Regional Commercial zone district; and c. Eliminate size breakdowns f or “Furniture stores” and allow furniture stores (any size) as a permitted use in the C -R Regional Commercial, MX-C Corridor Mixed Use, and MX -D Downtown Mixed- Use zone distric ts; and d. Add “Laboratory; general, medical, or dental” as a conditionally perm itted use in the C -R Regional Commercial zone district; and e. Add “Food catering” as a permitted use in C -N Neighborhood Commercial, C-R Regional Commercial, and MX-N Neighborhood Mixed Use zone district. [Item G]

Pulled by Council Member Brieno.

Senior Planner Gabrielle Myers answered questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [4 TO 0]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSTAIN: Sharp

2. Community Development: Historic Resources Permit 2021- 07: a request to remodel the bottom band of the façade at 240-250 W. Eighth Street within the Historic Overlay Zone. The property is designated as a contributing building. (APN 012-022-003). [Item I]

Pulled by Vice Mayor Sharp.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes) Vice Mayor Sharp was a volunteer consultant on the project, and she will not vote on the item. Assistant Planner Mark Manha answered questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [4 TO 0]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Brieno, Morrow, Saltray, Ramirez
ABSTAIN: Sharp

3. Public Works: Authorization to award contract to 4Cree ks of Vi salia CA, in the amount of $31,268.00 for the design the Police Department Parking Lot Expansion Project. [Item J]

Pulled by Council Member Brieno.

Public Works Director John Doyel discussed the project and answered questions from Council Member Brieno.

Motion to approved.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
8:00 PM PUBLIC HEARING:

A. Clerk: Conduct the Second Public Hearing to receive input from the commun ity regarding the redrawing of City Council Redrawing of City Council Member District Boundaries Mayor Ramirez opened the public hearing at 8:00 p.m. and called for the staff report. Best Best & Krieger (BB&K) representative Tyler Anthony presented the sta ff report and discussed the redrawing of the district maps with a focus on the timeline and map drafting tools. The online mapping tool will be available on the city’s website on November 22, 2021. BB&K will also begin drafting maps to be presented to the C ouncil at the third public hearing. The third Redis tricting Public Hearing is scheduled for January 18, 2022. No formal action was taken. Staff and Mr. Anthony answered questions from the Council.

Public Comment:

Bob Ramos questioned the adjusted census data timeline. Mr. Anthony responded.

Mayor Ramirez closed the public hearing at 8:24 p.m.

GENERAL BUSINESS:

A. Public Works: Approval of a contract with Quinn of Selma, CA. for the purchase and installation of a new radiator for the emergency generator located at Tank 5 in the amount of $70,487.62 an d approval of an additional appropriation of $70,487.62 from Water Capital Reserves.

Public Works Director J ohn Doyel discussed the project for the C ouncil’s review and consideration and answered questions from the Council.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes)

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Parks and Community Services: Approval of the submittal of a Request f or Technical Assistance letter from the T rust for Public Land for technical assistance in connection with our efforts to finance our parks, trails, open spaces and other recreation priorities.

Parks and Community Services Director Brad Albert discussed the process for the request for Technical Assistance from the Trust for Public Land and answered questions from the Council.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
C. Adoption of resolution 21-53-R, in order to increase the City of Hanford cannabis taxes up to the maximum allowable levels, in accordance with the Hanford Municipal Code as approved by the voters.

Police Chief Parker Sever provided the background and disc ussed the tax increase for Council review and consideration. Council Member Morrow expressed her concerns regarding the increase.

Motion to approve.

RESULT: APPROVED [3 TO 2]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Saltray, Ramirez
NAYS: Brieno, Morrow

COUNCIL FUTURE AGENDA ITEMS:

None.

ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 8:34 p.m.

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes) Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 11.16.2021 Min (Clerk: 11.16.2021 Minutes)

AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: C

SUBJECT:

City Clerk: Approval of the Minutes of the December 7, 2021 Meeting

Recommendation:

Approve the minutes of the December 7, 2021 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

12.7.2021 Min

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CITY COUNCIL MEETING

MINUTES
December 7, 2021 7:00 PM
Council Chambers
400 N. Douty St.
5:30 PM CALL TO ORDER STUDY SESSION:

Mayor Ramirez called the Study Session to order at 5:00 p.m.

ROLL CALL BY THE CITY CLERK :

Present: Francisco Ramirez, Diane Sharp, Kalish Morrow, Art Brieno, Amanda Saltray PUBLIC COMMENT :

Comments from t he public ar e limited to items on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

None.

STUDY SESSION :

A. Parks and Community Servic es: Council consideration of Park Capital Projects and direction on which project to submit to the State Department of Parks and Recreation for funding under the Prop 68 Per Capita Grant Program
Parks and Community Service Director Brad Albert presented the Park Capit al Projects for the Council's review and direction. Dir. Albert answered questions f rom the Council. The Council expressed their concerns of the cost for Lacey Park splash pad project. The Council provided their feedback on the other presented projects.

Dir. Albert me ntioned the need for new cameras at the skate park , which was not included on the project list.

Parks and Recreation Commissioner Gregory Kelly spoke in favor of the splash pad. After much discussion the Council directed staff to move for ward with the projects that will en hance surveillance in the City’s parks and facilities.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Presentation by Greg Burns of Thorn Run Partners, the City of Hanford's contracted federal lobbying firm, with updates on national legislative matters and discussion of potential uses for the City's remaining ARPA funding.

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)
Lobbyist with Thorn Run Partners, Greg Burns provided a background of Thorn Run Partners and himself.

Mr. Burns discussed the work that they have completed for the city and an outlook of possible legislation and actions that Council should be aware of for the coming year. Mr. Burns answered questions from Vice Mayor Sharp regarding highway funding. N o formal action was required. The Council will discuss potential uses for the City's remaining ARPA funding at a future meeting.

CALL TO ORDER REGULAR SESSION:

Mayor Ramirez called the meeting to order at 7:01 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Vice Mayor Present 5:20 PM
Art Brieno Council Member Present 5:29 PM
Kalish Morrow Council Member Present 5:20 PM
Amanda Saltray Council Member Present 5:28 PM
Francisco Ramirez Mayor Present 5:22 PM

INVOCATION:

The invocation was led by Pastor Robert Lee.

FLAG SALUTE:

The flag salute was led by Mayor Ramirez.

STAFF COMMUNICATIONS:

City Manager Cifuentez recognized the staff for their hard work with Winter Wonderland in Civic Park.

COUNCIL REPORTS/COMMENTS:

Vice Mayor Sharp discussed the community events and meetings she attended.

Council Member Morrow discussed the community events she attended.

Council Member Brieno commented on the opening of the Winter Wonderland.

Council Member Saltray discussed the community events and meetings she attended.

Mayor Ramirez recognized the staff for the ir hard work with the Winter Wonderland. He also commented on t he upcoming community holiday events.

PUBLIC COMMENT:

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)
Travis Paden commented on the Winter Wonderland and expressed his concerns regarding the cost of future repairs needed in Civic Park grass area after the holiday season . He also commented on the electrical infrastruct ure in the park. Mr. Paden requested to pull Consent item D.

Patricia Diaz owner of Paty’s Dance Studio commented on her property located on Seventh Street and expressed her concerns regarding the elevator repair requirements from city. She discussed the financial burden of the repair process. Ms. Diaz requested a meeting with the Council and the P lanning Department to discuss further. She also provided the Council with a letter.

Ron Easley, former city employee, commented on employee uniforms.

Bob Ra mos commente d on the meet ing start time. Mr. Ramos suggested that the city ask for a permanent news camera in the Civic Park. He also commented on the Paula Lofgren claim.

Chris Jordan commented on his experiences in the community and thanked the Council for t he decisions they've made to improve the community.

Cheyne Strawn provided feedback on the Winter Wonderland and thanked the staff for their hard work. He also commented on the Longfield Center upgrades.

CONSENT CALENDAR:

Consent Calendar items are cons idered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Item D was re quested to be pulle d by the public. Council Member Saltray pulled i tems E and I. Council Member Brieno pulled item J.

Motion to approve the consent calendar except for the items pulled for separate considera tion.

A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the June 1, 2021 Meeting C. City Clerk: Approval of the Minutes of the June 3, 2021 Special Meeting D. Public Works: A pproval of a payment to King's Petroleum, for the purchase of diesel fuel for Fleet Operations, in the amount is $32,342.63.

E. Public Works: Approval of the Notice of Completion for Tract No. 916 Pacific Grove Addition #2 and authorization for the Mayor to execute a nd the City Clerk to attest and file said Notice with the Kings County Recorder's Office. (12th Avenue & Bristol Lane).

F. Public Works: Approval of a Notice of Completion for the FY 20/21 Pavement Resurfacing:

Single & Double Fiberized Micro T reatment Project at a total construction cost of $899,421.83 and authorization for the Mayor to execute and the City Clerk to attest and file said Notice with the Kings County Recorder's Office.

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)
PULLED ITEMS:

1. Parks and Community Services: Consideration of an appr opriations request from the City's General Fund, in the amount of $39,613.33, to cover the cos t Ice Rink Expenses not previously approved in the FY22 budget.
[Item D]

Requested to be pulled by Mr. Travis Paden during public comment.

Parks an d Community Services Director Brad Albert discussed some of the challenges, revenue, and the adjustments that have been made since the opening of the Winter Wonderland. He also provided an up date on ticket sales. Dir. Albert addressed the concerns expressed by Mr. Paden during public comment.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

2. Public Works: Award of a contract to HBC Enterprise of Clovis Ca, in the amount of $64,256.60 for the FY 20/21 Hidden Valley Park Fitness Pad Project; Appropriate an additional 33.564.10 from the Park Impact Fees to fund the project; and Establish a construction contingency of $4,500.00 for this project.
[Item E]

Pulled by Council Member Saltray.

The item was pulled by mistake.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

3. Public Works: Approval of the Purchase of a 2022 Ford F -550 utilities service truck from Keller Ford, of Hanford, Ca., in the amount of $112,851.02 to replace a 2009 utility service truck; Authorization of an additional appropriation of $42,911.02 from Water Capital Reserve Funds to cover the cost of the purchase; and declare the 2009 unit as surplus. [Item I]

Pulled by Council Member Saltray.

Public Works Director John Doyel discussed the bid process and timeline. Dir Doyel answered questions from the Council.

Motion to approve.

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

4. Fire: Approval of a cont ract with Fresno County for fire dispatch services , beginning March 1, 2022, and Approval of an appropriation from the General Fund of $65,000 for FY22 and $215,000 for FY23 to cover the cost of the Contract.
[Item J]

City Manager Mario Cifuentez answered budget questions from Council Member Brieno.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
GENERAL BUSINESS:

A. Finance: Authorizatio n for the Issuance of One or More Series of Pensio n Obligation Bond s, Subject to Further Council Action, in order to Refinance Outstanding Obligations of the City to the California Public Employees’ Retirement System with estimated principal amount of up t o $33,225,000, Authorizing a Judicial Valida tion A ction, and Approv ing and Directing Related Matters (Resolution No. 21-55-R)
Finance Director Chris T avarez provided the background . NHA Advisor Eric Scriven (teleconference) and Jones Hall Legal Consultant James Wawrzyniak (teleconference) discussed the UA L Restructuring process, the timeline, and the next steps to follow should the Council approve the item. The consultants and City Attorney Ty Mizote answered questions from the Council.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Vice Mayor
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Finance: Adoption of Resolution No. 21- 54-R, thereby Adopting and Establishing a formal Debt Management Policy for the City of Hanford
Finance Director Chris Tavarez discussed the purpose of the policy and answered questions from the Council.

Motion to approve.

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
C. Council: Review and Approval of the 2022 Calendar of City Council Meetings City Ma nager Mario Cifuentez discussed the 2022 Calendar of City Council Meetings and recommend ed canceling two meetings, January 4, and July 5.

The 2022 Calendar of City Council Meetings was approved.

RESULT: CONSENSUS
COUNCIL FUTURE AGENDA ITEMS:

Council Future Agenda Items
Council Member Saltray expressed her concerns regarding the city ’s website. City Manager Cifuentez addressed her co ncerns. He a lso discussed the priority of moving forward with an RFP for redesign ing the website.

ADJOURNMENT:

Mayor Ramirez adjourned the meeting at 8:22 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 12.7.2021 Min (Clerk: 12.7.2021 Minutes)

AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: D

SUBJECT:

City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Tara Ramirez.

RECOMMENDATION:

That the City Council, by motion, approve the denial of the claim and authorize the City Clerk to send out notification of such to the claimant.

BACKGROUND:

A claim for damages against the City was received by the following claimant: Tara Ramirez.

After review by the Third Party Administrator, it was determined that the Claim should be rejected for Lack of Merit for the following reasons:

1. Unknown truck driver.

2. No police report filed.

3. No independent witness, surveillance video or evidence to confirm a City of Hanford Garbage truck was involved in this loss.

Accordingly, it is the City Manager's decision to act in accordance with the recommendation of the Administrator to deny the claim.

FISCAL IMPACT:

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: E

SUBJECT:

Administration: Authorization for the City Manager to execute a Retainer Agreement with the Farley Law Firm to provide Conflict Counsel for Council Members Brieno and Ramirez

RECOMMENDATION:

That the City Council, by motion, authorize the City manager to execute a retainer agreement with the Farley Law Firm to provide Conflict Counsel for Council Members Brieno and Ramirez.

BACKGROUND:

The City of Hanford's 3rd party administrator and insurance carrier are in concurrence that the city should retain conflict counsel for Council Members Brieno and Ramirez with regards to the following Case:

Darlene Mata v. City of Hanford, Art Brieno, and Francisco Ramirez Kings County Superior Court Case No. 22C-0077

Accordingly, Mr. Brieno and Mr. Ramirez were afforded the option of determining whether they would like to choose their own counsel or have the City Attorney's office provide some recommendations. Both Mr. Brieno and Mr. Ramirez chose to seek their own counsel and agreed to accept Mr. Farley as their legal counsel for defense in this matter. Mr. Farley has agreed to represent Mr. Brieno and Mr. Ramirez as well as match his attorney rates with the rates of the City Attorney's office. This agreement provides for those defense services and obligates the city to cover the cost for those services.

FISCAL IMPACT:

The amount is unknown as of yet but will be paid out of the City Attorney budget.

ATTACHMENTS:

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2022-05-09 Retainer Agreement

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

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Attachment: 2022-05-09 Retainer Agreement (Admin: Conflict Counsel Retainer)

AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: F

SUBJECT:

Parks and Community Services: Award of a sole-source contract to Valley Security Alarm for the installation of security cameras at seven (7) City parks and facilities and the installation of two (2) solar-powered lights at Earl F. Johnson Park and Appropriation of $191,240 from the General Fund for the creation of the CIP project to be funded through a $177,952 grant from the California Department of Parks and Recreation Per Capita Grant Program

RECOMMENDATION:

That the City Council, by motion, Award a sole-source contract to Valley Security Alarm for the installation of security cameras at seven (7) City parks and facilities and the installation of two (2) solar-powered lights at Earl F. Johnson Park and Appropriate $191,240 from the General Fund for the creation of the CIP project to be funded through a $177,952 grant from the California Department of Parks and Recreation Per Capita Grant Program.

BACKGROUND:

The City Council has previously approved the acceptance of an award of $177,952 through the Per Capita Grant from the California Department of Parks and Recreation. The initial project chosen by Council was the installation of a small splash pad at Lacey Park. Upon final project scope and cost estimates, Council redirected staff to install security cameras within our parks and sports facilities.

The installation of security cameras is vital in the City’s effort to enhance safety within our parks. These cameras enable the Hanford Police Department’s Dispatch Center to view the parks in real-time, allowing for prompt dispatch upon suspicious or criminal behavior observance. In addition, the cameras are used by the Park Resource Officer to observe park activity and gather evidence when needed.

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The table below details the proposed installation sequence, project name, grant request, matching required at two sites, and total cost. Recent security concerns dictate the sequence of installation.

As noted in the above table, two sites require a 25% match due to their location outside of a severely disadvantaged area within the City limits, as identified through the online Per Capita Match Calculator tool. The matching requirement of $13,288 will be allocated from the approved 2022-2026 Five Year Capital Improvement Plan. This grant funding will allow for $50,516 to be returned to the Accumulated Capital Outlay (ACO) fund in fiscal years 23/24, and 24/25.

In addition, the staff is requesting the award of this project to a sole-source vendor, Valley Security Alarm, who is the current provider of the City’s alarm services, security cameras, and door access systems. Their system hardware and software fully integrate with the existing program.

FISCAL IMPACT:

This project will require an appropriation of $191,240 from the General Fund, $177,952 of the project amount will be funded through the Per Capita Grant.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: G

SUBJECT:

Public Works: Adoption of Resolution No. 22-20-R, thereby identifying the official “Project List” for RMRA gas tax funding for Fiscal Year 2022/23

RECOMMENDATION:

That the City Council, by motion, approve Resolution 22-20-R identifying the “Project List” for RMRA gas tax funding for Fiscal Year 2022/23.

BACKGROUND:

The Road Repair and Accountability Act of 2017 (SB1 Beall) established a new Road Maintenance and Rehabilitation Account (RMRA) to provide additional funding for maintenance of state highways and roadways, including a portion for local streets and roads. One of the provisions of the new law required local agencies to annually submit documentation to the California Transportation Commission (CTC), regarding the description and location of a proposed project; the estimated useful life of the improvement; and the estimated project start and completion date. Prior to submittal of the project list, the list must be approved by the adopting agency by resolution at a regular public meeting.

The attached projects are submitted for council consideration for RMRA funding for FY 2022/23. Hanford’s estimated RMRA funding amount for FY 22/23 is approximately $1,367,247. See attached local streets and roads revenue projection.

Proposed project list for FY 2022/23 (see Exhibit “A”)

FISCAL IMPACT:

Projected RMRA gas tax revenues for FY 2022/23 are estimated to be approximately $1,367,247. If approved, the projects identified in this report will be forwarded to CTC by July 1, 2022 as required by state statute for acceptance. The projects are also incorporated into our FY 2022/23 Capital Improvement Program.

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ATTACHMENTS:

LSR Projected Revenues FY22-23
'Exhibit A' Project List 22-23
FY 22-23 Project List Resolution 22-20-R
FY 22-23 SB 1 Project List Resolution 22-20-R

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Attachment: LSR Projected Revenues FY22-23 (PW: Approve Resolution 22-20-R Identifying a “Project

FUNDING

FY TITLE DESCRIPTION LOCATION
ESST

USEFUILE
LIFE
(YEARS)
EST START EST

COMPLETION
EST TOTAL
PROJECT COST
22/23 E. Lacey Blvd. Widening / Reconstruction ‐
Phase 2: 10th Ave. – SJVRR/UPRR
This project will involve the widening and reconstruction of East Lacey Boulevard to facilitate two lanes in each direction of travel plus turn lanes. Improvements will include the reconstruction of existing pavement section, installation of a new drainage collection/disposal system, basin construction, installation of curbs, gutters, sidewalks, drive approaches and ADA ramps.

East Lacey Boulevard from
10th Avenue to the west
right of way of SJVRR/UPRR
15‐20 6/1/2022 9/1/2022 $1,500,000.00
22/23 Traffic Signal Installation at Lacey
Boulevard and 9th Avenue
This project will involve installation signal poles and equipment and installation of ADA ramps and landing.

Lacey Boulevard and 9th
Avenue
15‐20 6/1/2022 9/1/2022 $500,000.00
EXHIBIT "A" PROPOSED PROJETS FOR FISCAL YEAR 2022‐23 FUNDED BY SB 1

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Attachment: 'Exhibit A' Project List 22-23 (PW: Approve Resolution 22-20-R Identifying a “Project List” for RESOLUTION NO. 22‐20‐R

CITY OF HANFORD

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022‐23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi‐modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s
completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $1,367,247 in RMRA funding in Fiscal Year 2022‐23 from SB 1; and

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the
City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high‐priority and cost‐effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City reconstruct over 1.5 miles of arterial City streets; and

WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at‐risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

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Attachment: FY 22-23 Project List Resolution 22-20-R (PW: Approve Resolution 22-20-R Identifying a “Project List” for RMRA gas tax funding

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting‐edge technology, materials and practices, will have significant positive co‐benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of Hanford, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in‐part or solely with fiscal year 2022‐23 Road Maintenance and Rehabilitation Account revenues:

See Attached
– Exhibit “A”

PASSED AND ADOPTED by the City Council of the Hanford, State of California this _______ day of _______, 2022, by the following vote:

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Attachment: FY 22-23 Project List Resolution 22-20-R (PW: Approve Resolution 22-20-R Identifying a “Project List” for RMRA gas tax funding RESOLUTION NO. 22-20-R

CITY OF HANFORD

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $1,367,247 in RMRA funding in Fiscal Year 2022-23 from SB 1; and

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City reconstruct over 1.5 miles of arterial City streets; and

WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

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Attachment: FY 22-23 SB 1 Project List Resolution 22-20-R (PW: Approve Resolution 22-20-R Identifying a “Project List” for RMRA gas tax

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of Hanford, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues:

See Attached – Exhibit “A”

PASSED AND ADOPTED by the City Council of the Hanford, State of California this _______ day of _______, 2022, by the following vote:

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Attachment: FY 22-23 SB 1 Project List Resolution 22-20-R (PW: Approve Resolution 22-20-R Identifying a “Project List” for RMRA gas tax

AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: H

SUBJECT:

Police: Approval of an amended 2-year agreement between the City of Hanford and the Hanford Elementary School District (HESD) to provide School Resource officers for the District.

RECOMMENDATION:

That City Council, by motion approve the amended 2-year agreement between the City of Hanford and the Hanford Elementary School District (HESD) to provide School Resource officers for the District and authorize the signing of said contract by the City Manager and the Chief of Police.

BACKGROUND:

This amended contract will provide for the renewal for the HESD, School Resource Officer (SRO) program. The contract typically rolls over each year. This year the HESD requested changes in a couple of areas that deal with notification and communication with district employees and the Hanford Police Department.

The contract makes no changes to either parties fiscal responsibilities. The contract was reviewed by the City Attorney's office and their input was incorporated. Some changes were made to the communication areas that were not reviewed by the City Attorney because the department was in agreement and can easily incorporate that communication in the relationship with the HESD.

The contract is for 2 years and may be cancelled by either party with 30 days notice. The HESD provides funding in the amount of $92,000.00 annually for each of the two SRO's.

The Department has provided SRO services to HESD for over 20 years and this new agreement will continue that mutually beneficial relationship.

FISCAL IMPACT:

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No Fiscal Impact

ATTACHMENTS:

HESD SRO Contract Clean
HESD SRO Contract Revisions

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HESD SRO Contract – FINAL – 05.11.22

HANFORD ELEMENTARY SCHOOL DISTRICT

SCHOOL RESOURCE OFFICER PROGRAM

STARTING
FISCAL YEAR 20__

This Agreement is made by and between the Hanford Elementary School District (“District”) and the Hanford Police Department, (“Department,”) and replaces all prior agreements and understandings between the District and the Department on the subject of school resource officers (“SRO”) as is dated for reference purposes as of Fiscal year __________.

Recitals

A. The District and Department desire to set forth the duties and responsibilities of the parties with respect to the SRO program.

B. The District and Department desire to create an atmosphere of cooperation and collaboration toward the common goals of providing a safe learning environment for students and staff.

C. The District and Department desire to promote positive relationships between the school, police, and the community, which calls for the District and Department to maintain open and mutually beneficial communications.

The District and Department agree as follows:

1. Term of Agreement. This Agreement shall be effective upon ratification by the District’s Governing Board and approval by the Hanford City Manager, and shall remain in effect for two-years. The Agreement may be modified or extended by mutual written agreement, or terminated by either party at any time with thirty (30) days advance written notice.

2. Scope of Service. The Department agrees to assign two full time sworn police officers to serve as SRO’s at the Districts schools during the school year. The SRO’s will be assigned to primarily work at the District’s Junior High Schools or as directed by the District Superintendent. The SRO’s will wear the regulation police uniform and operate a marked police patrol vehicle while on duty, unless otherwise authorized by a supervisor for a specific purpose. The SRO’s duties shall include but not be limited to:

School safety is of paramount importance to the Department with respect to any Department action occurring in the vicinity of a school (“School Safety Incident”). The Department will, therefore, incorporate school safety issues into its operational briefings prior to engaging in any actions

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in the vicinity of a school that may impact safety. The School Resource Officer will provide information on any incident to a designated member of HESD staff. The parties acknowledge and agree that, in order for the District/School to appropriately respond most effectively to a School Safety Incident, it will need information before a School Safety Incident occurs; therefore, notification to HESD staff shall be prioritized to occur as soon as notification can be performed and not negatively impact an occurring emergency response.

2.2. The SRO’s investigation and questioning of students at school shall be limited to offenses related to the operation of the school or occurring at the school, except in situations where a delay in investigation or questioning may result in danger to any person, flight from the jurisdiction by the person suspected of a crime, or destruction of evidence.

2.3. The SRO shall notify the school principal as soon as practical of any significant law enforcement actions taken by an SRO or other officer.

2.4. The SRO shall not become involved in school administrative searches unless specifically requested by the principal in order to provide security or to handle contraband. School administrative searches will be at the direction and control of the school principal and will be based upon reasonable suspicion.

2.5. The SRO shall be responsible for monitoring the social and cultural environment around District schools to identify existing or emerging youth gangs. Gang prevention and early intervention strategies shall be coordinated between the Department and the District.

2.6. The SRO may become involved, through the school principal, with the school’s curriculum and provide instructional presentations that enhance the students’ understanding of the police mission and the responsibilities of citizenship.

2.7. The SRO will work to prevent juvenile delinquency and campus violence through close contact and positive relationships with students. The SRO will serve as a positive role model to students.

2.8. At the request of the school principal, the SRO shall attend suspension and expulsion hearings. The SRO shall be prepared to provide testimony on any actions taken by the officer and on any personally observed conduct witnessed by the officer. The SRO shall also make available at expulsion hearings any physical evidence that has been seized by law enforcement and is held by the Department.

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2.9. The SRO shall disseminate to school administrators and staff information on crime trends and changes in laws to assist them in establishing and maintaining safe school environments.

2.10. The SRO will work to establish and maintain a collaborative partnership with the school administration to provide a safe school environment. The SRO will regularly communicate with the school administration in an effort to share information and discuss issues and concerns of mutual interest.

2.11. The SRO will work to increase communication between law enforcement, students, school staff, and the community. The SRO will work to build positive working relationships with the school staff and parents.

3. Communications. The District and Department will collaborate in the preparation of all press releases and other public announcements related to the subject matter of this Agreement. During the collaborative process, the parties will consider the community’s desire to be informed of public safety matters and the manner in which the Department addresses such matters and the need to maintain the community’s trust in the District’s Board of Education, its programs, and its staff and students. The Hanford Police Department will not issue any press releases without notifying and collaborating with the School Superintendent or their designee. Both parties will work in good faith to mutually agree on all press releases involving the District before issuance of the press releases.

4. Student Discipline. The certificated administrators of each school shall be responsible for student discipline and shall make all decisions regarding the imposition of discipline for students enrolled at their campus.

5. Hours of Employment. The SRO will work full time during the school year, except for annual leave allowances, during the normal school year schedule.

6. Selection of Law Enforcement Personnel. The Department will be responsible for selecting which Department employee will serve as the SRO, or the acting SRO for days when the designated SRO may be on leave, absent for training, or otherwise not available. The District may provide input regarding the selection of the SRO.

7. Program Criteria. The District and Department will work collaboratively to be responsive to evolving school and law enforcement requirements.

8. Training and Supervision & Communication. The SRO shall receive SRO’s work assignments from the Department and shall be supervised in the performance of SRO’s duties by the Chief of the Department or designee. The Department shall be responsible for training the SRO according to applicable law enforcement standards. The Superintendent of the District or designee will

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provide the Chief of the Department with information to assist in evaluating the SRO. Any disciplinary problems or alleged improprieties involving the SRO shall be brought to the attention of the Chief of the Department or designee. The School Resource Officers will be released to attend 40 hours of formal training related to investigator orientation and juvenile law enforcement each fiscal year.

The department will be responsible for the officers’ travel, lodging and meals.

9. Employment. The SRO is an employee of the Department, and is not an employee or agent of the District. The SRO shall be subject to the administration, supervision, and control of the Department. The SRO shall be subject to all personnel policies and practices of the Department.

10. Student Records.

10.1. The parties agree that the SRO shall be deemed to be a “school official” for the performance on SRO’s duties on behalf of District. The SRO shall therefore be allowed access to student records but the District is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a “legitimate educational interest” within the scope of the SRO’s service under this Agreement. This includes access to student directory information to the extent permitted by District policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO’s service, except as allowed by law.

10.2. If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the District may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.

10.3. If confidential student record information is needed by the SRO but no emergency situation exists, unless section 9.4 applies, the information may be released only upon the issuance of a subpoena, a court order or written authorization of the parent/guardian.

10.4. Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student’s name or other identifying information to the SRO, along with information related to the underlying offence.

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11. Law Enforcement Records and Juvenile Case File Information. Pursuant to Welfare and Institutions Code sections 827, 828.1 and 828.3, certain law enforcement records, probation reports and juvenile case file information may be provided to the District Superintendent or his/her designee. In addition to providing such information directly to the District Superintendent, the SRO may provide such information to the Principal of the school in which a minor student is enrolled and the Principal shall be a designee of the Superintendent for the receipt of such information.

12. Costs. In exchange for the provision of SRO services, the District shall pay Department as follows $92,000.00 annually per SRO. Overtime expenditures for school related events will be paid for by the Hanford Police Department. Contract extensions and inflation increases to the flat rate will be discussed annually in May.

13. Feedback and Evaluation. The District and Department agree on the importance of evaluating the SRO program. The District and Department will work together to develop and implement procedures to provide periodic feedback and evaluation data for the purpose of measuring the program’s effectiveness.

14. Discrimination. Neither the District nor the Department shall discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

15. Indemnification.

14.1 The District shall indemnify, defend, and hold harmless the Department, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the District, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the District.

14.2 The Department shall indemnify, defend, and hold harmless the District, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the Department, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the Department.

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damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, subcontractors, and governing board.

14.4 Each party shall immediately notify the other party of any claims or legal actions arising out of the performance of this Agreement.

15. Applicable Laws. Department shall provide the services specified in this Agreement in accordance with any applicable federal and state statutes, regulations, and directives.

16. Amendments. No modification, amendment or addendum to this Agreement shall be valid unless it is set forth in writing and is signed by the parties.

17. Entire Agreement. This Agreement constitutes the entire agreement between the District and Department regarding the subject matter of this contract and supersedes all previous SRO agreements.

18. Severability. If any term or provision of this Agreement is determined to be unlawful or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected. Each term or provision of the Agreement shall be valid and enforced as written to the fullest extent permitted by law.

19. Notices. All notices concerning this Agreement shall be deemed to have been served when delivered via electronic mail to the District Superintendent or Chief of Police.

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The parties have executed this Agreement on the date written below.

Hanford Elementary School District

By: ________ Date:

Joy Gabler, Superintendent

Hanford Police Department
By: ________ Date:

Parker Sever, Chief of Police
City of Hanford
By: _________ Date:

Mario Cifuentez, City Manager

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Attachment: HESD SRO Contract Clean (PD: HESD Contract Renewal) HESD SRO Contract – FINAL – 05.11.22

HANFORD ELEMENTARY SCHOOL DISTRICT

SCHOOL RESOURCE OFFICER PROGRAM

STARTING
FISCAL YEAR 20__

Recitals

A. The District and Department desire to set forth the duties and responsibilities of the parties with respect to the SRO program.

B. The District and Department desire to create an atmosphere of cooperation and collaboration toward the common goals of providing a safe learning environment for students and staff.

The District and Department agree as follows:

2.1. SRO will provide law enforcement expertise to assist the school staff in maintaining safety at school sites. SRO’s will provide law enforcement expertise to assist the school staff in maintaining safety at school sites. School safety is of paramount importance to the Department with respect to any Department action occurring in the vicinity of a school (“School Safety Incident”). The Department will, therefore, incorporate school safety issues into its operational

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briefings prior to engaging in any actions in the vicinity of a school that may impact safety. The School Resource Officer will provide information on any incident to a designated member of HESD staff.

The parties acknowledge and agree that, in order for the District/School to appropriately respond most effectively to a School Safety Incident, it will need information before a School Safety Incident occurs; therefore, notification to HESD staff shall be prioritized to occur as soon as notification can be performed and not negatively impact an occurring emergency response.

2.3. The SRO shall notify the school principal as soon as practical of any significant law enforcement actions taken by an SRO or other officer.

2.7. The SRO will work to prevent juvenile delinquency and campus violence through close contact and positive relationships with students. The SRO will serve as a positive role model to students.

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2.9. The SRO shall disseminate to school administrators and staff information on crime trends and changes in laws to assist them in establishing and maintaining safe school environments.

5. Hours of Employment. The SRO will work full time during the school year, except for annual leave allowances, during the normal school year schedule.

7. Program Criteria. The District and Department will work collaboratively to be responsive to evolving school and law enforcement requirements.

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Department shall be responsible for training the SRO according to applicable law enforcement standards. The Superintendent of the District or designee will provide the Chief of the Department with information to assist in evaluating the SRO. Any disciplinary problems or alleged improprieties involving the SRO shall be brought to the attention of the Chief of the Department or designee. The School Resource Officers will be released to attend 40 hours of formal training related to investigator orientation and juvenile law enforcement each fiscal year.

The department will be responsible for the officers’ travel, lodging and meals.

10. Student Records.

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disclosure of the student’s name or other identifying information to the SRO, along with information related to the underlying offence.

15. Indemnification.

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14.3 It is the intention of the District and Department that, where fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, subcontractors, and governing board.

14.4 Each party shall immediately notify the other party of any claims or legal actions arising out of the performance of this Agreement.

15. Applicable Laws. Department shall provide the services specified in this Agreement in accordance with any applicable federal and state statutes, regulations, and directives.

16. Amendments. No modification, amendment or addendum to this Agreement shall be valid unless it is set forth in writing and is signed by the parties.

17. Entire Agreement. This Agreement constitutes the entire agreement between the District and Department regarding the subject matter of this contract and supersedes all previous SRO agreements.

19. Notices. All notices concerning this Agreement shall be deemed to have been served when delivered via electronic mail to the District Superintendent or Chief of Police.

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The parties have executed this Agreement on the date written below.

Hanford Elementary School District

By: ________ Date:

Joy Gabler, Superintendent

Hanford Police Department
By: ________ Date:

Parker Sever, Chief of Police
City of Hanford
By: _________ Date:

Mario Cifuentez, City Manager

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AGENDA

STAFF REPORT

MEETING DATE: 5/17/2022

AGENDA SECTION: A

SUBJECT:

Public Works: Introduction of Ordinance No. 22-06 which amends Chapter 13.12 (Solid Waste Collection and Disposal), Chapter 2.48 (Purchasing system), and Chapter 12.08 (Water efficient landscape design and installation) of the Hanford Municipal Code relating to compliance with SB 1383.

RECOMMENDATION:

That the City Council, by motion, Introduce and waive the first reading of Ordinance No. 22-06, and pass the ordinance to the second reading.

BACKGROUND:

In November 2020, the California Department of Resources Recycling and Recovery (CalRecycle) finalized its SB 1383 organic waste diversion regulations, which local governments must comply with by January 1, 2022. The implementation date provided cities and counties with only limited time to undertake a host of actions, including adopting ordinances, arranging for appropriate collection services, establishing inspection and enforcement programs, procuring recovered organic waste products, providing education and outreach, developing edible food recovery programs, hiring staff, and begin reporting compliance to CalRecycle.

Given the COVID-19 pandemic, and the corresponding loss of time and resources, many cities need additional time to comply with all of the SB 1383 regulations. SB 619 was adopted and prohibits CalRecycle from imposing penalties against local jurisdictions that have not yet met the organic waste recycling requirements required by SB 1383 but are making a concerted effort and progress toward compliance.

One of the requirements of SB 1383 is to ensure municipal code is updated to reflect the SB 1383 requirements, including granting local jurisdictions the legal authority to enforce its requirements. While amending the code to comply with the SB 1383 regulations, it was determined additional modifications needed to be made so that the code addresses all current regulations and accurately reflects the operation of the Refuse division.

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Below is a description of the significant amendments proposed to the Solid Waste code.

1. Several new definitions have been added to clarify the code requirements.

2. Specifies that “self-haulers” of solid waste from within the City must dispose of materials at the Kings Waste and Recycling Authority (KWRA). This will ensure that KWRA is able to spread fixed and operating costs over a larger volume of material, thereby enabling the facility utilized by City to keep rates as low as possible.

3. Provisions have been added to require recycling and source separation of refuse, greenwaste, and recyclable material. Specific guidance is provided to identify what materials can be placed in each type of container.

4. Authorizes existing commercial users with insufficient enclosure space for multiple wastestream containers to avoid the need to build additional enclosures but still requires them to screen the containers from being easily visible from public right of ways.

5. Gives City the authority to modify a user’s refuse service if it is clear that the existing service level is insufficient to handle the solid waste routinely generated onsite.

6. Allows City to exempt commercial users from all or some of the recycling requirements if it is determined that a) a site does not produce a threshold amount of a certain wastestream, or b) no space exists on the property to locate additional containers.

7. Requires users of temporary bins to store the bins on their property and not the public right of ways.

8. Requires edible food generators (for example, grocery stores) to divert as much edible food as possible to agencies that can use the diverted food for human consumption (food banks, for example)

9. Institutes a permit system for hauling businesses doing work in City of Hanford and annual reporting of volumes of waste hauled. This will allow City to get “credit” for recycled material not collected by City Refuse department.

10. Standardizes the process used for delinquencies and collection of past due amounts to correspond to that used for other utility services within the City (water, wastewater, and stormwater).

11. Provides City with the legal right to inspect users for compliance with the requirements of the code.

12. Specifies penalties associated with non-compliance to reflect requirements of State regulations. First offence receives a warning, subsequent violations are charged an escalating fine of $100, $250, and $500 for additional violations within a twelve month period.

13. Numerous formatting, wording, and sequence changes.

14. Relatively minor changes are necessary in Chapter 2.48 of the municipal code (Purchasing System). This primarily relates to the purchasing of recycled content paper products by all City departments.

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15. Certain requirements are proposed in Chapter 12.08 of the Municipal Code (Water efficient landscape design and installation) that require covered projects to include mulch and compost in the design and installation of landscapes.

16. Minor changes to the City’s building permit process will require submission of a recycling plan prior to issuance of a building permit. The intent is to identify that at least 65% of waste material is either reused or recycled.

Due to the large number of edits in the Solid Waste code, it is not practical to identify each of the changes made to the document, though those changes have been “tracked” and are detailed in the attached "redline" version. Instead, staff recommends replacing the existing solid waste code in its entirety with the proposed draft code.

FISCAL IMPACT:

Adoption of the amended Chapters of the municipal code have no direct budgetary impact, though enforcement of the code requirements could result in additional costs to provide refuse service (purchase of additional bins, cost of enforcement, etc.).

ATTACHMENTS:
2022.05.12 Ordinance re Amendment of HMC Ch. 13.12 12.08 and 2.48 2022.05.12 Hanford solid waste ordinance (redline) TM
Draft code, Chapter 12.08
Draft code, Chapter 2.48
Hauler permit application, all forms
Hauler permit application, all forms

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1 ORDINANCE NO. 22-6

AN ORDINANCE OF THE CITY OF HANFORD
AMENDING HANFORD MUNICIPAL CODE CHAPTERS 13.12, 12.08, AND 2.48

WHEREAS, in 2020, the California Department of Resources Recycling and Recovery finalized organic waste diversion regulations (CalRecycle Regulations) in accordance with SB 1383; and

WHEREAS, local jurisdictions were initially given until January 1, 2022 to comply with the CalRecycle Regulations; and

WHEREAS, implementation of CalRecycle’s Regulations require local jurisdictions to undertake numerous actions, including the adoption of ordinances, arrangement of appropriate collection services, establishment of inspection and enforcement programs, procurement o f recovered organic waste projects, provision of education and outreach, development of edible food recovery programs, hiring of staff, and implementation of CalRecycle reporting requirements; and

WHEREAS, the COVID -19 pandemic caused the January 1, 2022 deadline to be infeasible for many local jurisdictions; and

WHEREAS, SB 619 was adopted due to delays in implementation of the CalRecycle Regulations caused by the COVID-19 pandemic;

WHEREAS, SB 619 prohibits CalRecycle from imposing penalties against a local jurisdiction that has not satisfied the requirements of the CalRecycle Regulations by the January 1, 2022 deadline if the jurisdiction is making a concerted effort toward compliance; and

WHEREAS, the CalRecycle Regulations require that the Hanford Municipal Code (HMC) be amended to incorporate the requirements of the CalRecycle Regulations; and

WHEREAS, HMC Chapter 13.12, which pertains to the City’s solid waste collection and disposal services, requires amendment to incorporate the mandates of the CalRecycle Regulations, including, without limitation, organic waste diversion requirements; and

WHEREAS, HMC Chapter 12.08 , which regulates landscape design and construction, requires amendment to incorporate the mandates of the CalRecycle Regulations involving the use of mulch and compost in landscape design and construction; and

WHEREAS, HMC Chapter 2.48, which pertains to the City’s purchasing system, requires amendment to incorporate the mandates of the CalRecycle Regulations involving the City’s purchase of paper and similar products containing recycled material.

NOW, THEREFORE, the City Council of the City of Hanford does ordain as follows:

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Attachment: 2022.05.12 Ordinance re Amendment of HMC Ch. 13.12 12.08 and 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2 Section 1. The CalRecycle Regulations establish requirements for the City’s collection and disposal of solid waste, including, without limitation, provisions involving organic waste diversion. Accordingly, HMC Chapter 13.12 is deleted in its entirety and is restated as reflected in the attached Exhibit “A,” which is incorporated herein by reference.

Section 2. The CalRecycle Regulations establish requirements for the use of mulch and compost in landscape design and construction. Accordingly, HMC Chapter 12.08 is deleted in its entirety and is restated as reflected in the attached Exhibit “B,” which is incorporated herein by reference.

Section 3. The CalRecycle Regulations establish requirements regarding the City’s purchase of paper and similar products containing recycled material. Accordingly, the text set forth in the attached Exhibit “C,” which is incorporated herein by reference, is added as HMC Section 2.48.035.

Section 4. 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 21st day of June, 2022 by the following vote:

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

___________________________

KALISH MORROW
MAYOR of the City of Hanford

Attest:

_____________________________________

CITY CLERK

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Attachment: 2022.05.12 Ordinance re Amendment of HMC Ch. 13.12 12.08 and 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 3 STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing Ordinance was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 21st day of June, 2022.

Date: _______________________ ________________________________ City Clerk

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EXHIBIT “A”

13.12.010 Definitions.

For the purpose of this chapter, the following terms, words and phrases are defined as follows:
“Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under said Act, as may be amended from time to time.
“Automated Lift Container” or “container” means a container with a hinged lid that is designed to be lifted, dumped, and returned by solid waste collection vehicles that have a mechanical lifting device.
“Authorized Containers” means the types of containers provided by the City that are authorized to be used for solid waste collection within the City. Authorized residential containers are 96 gallon automated lift containers provided by the City for residential solid waste collection.

Authorized commercial containers are bins as described below. The Director must authorize in writing the use of any other type container for residential or commercial solid waste collection.

Solid waste set out for collection in any unauthorized or unapproved containers will not be serviced until the solid waste is placed in an authorized container for collection. “Authorized Person”: see “Collector” and “Permitee”.
“Bin”, “Automated Lift Bin”, or “Bin” means a metal or composite material container, one (1) to six (6) cubic yards in size, supplied by the City for a rental fee, approved by the Director for the deposit of solid waste (loose or compacted) which shall:

1. Have a close-fitting cover for each compartment;

2. Be leak-proof if carrying wet wastes;

3. Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;

4. Uses casters or other means for easy movement (for bins up to four cubic yards in size);

5. Be designed in a manner to be emptied mechanically.
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. “Bulky Wastes” means and includes large items of solid waste such as appliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other wastes of large size or significant weight not easily contained in a solid waste container, or which precludes or complicates handling by normal collection or disposal methods. “Bundle” means a package containing organic waste only (no liquids), not exceeding four feet (4’) in its longest dimension, two feet (2’) in diameter nor forty (40) pounds in weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage

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“Buy-back Facility” means a facility which purchases source -separated recyclable materials.
“Cart” see “automated lift container” above.
“City” means City of Hanford.
“City Council” means the City Council of the City of Hanford. “City Manager” means the City Manager of the City of Hanford or the manager's designee. “Collector” means any authorized person who operates a service route or provides service and is directly or indirectly reimbursed for the collection, transportation and disposal of solid waste from residential, commercial or industrial premises where generated in the City of Hanford. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this ordinance or as ot herwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Commercial Business” or “Commercial Generator” means any commercial or industrial property that generates solid waste; offices; churches; hospitals; other commercial sources of solid waste; multifamily dwellings (defined below); and schools. “Commercial Solid Wastes” means and includes solid waste generated by Commercial Generators.
“Compost” means the prod uct resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility.
“Composting Facility” means a permitted solid waste facility a t which composting is conducted and which produces compost, excluding private residences engaged in composting for their own purposes.
“Construction and Demolition Wastes” (C&D) means and includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements and structures.

“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“County” means the County of Kings, California
“Curbside Collection” means the collection of solid waste from a location adjacent to the street or alleyway.

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“Customer” means the person in whose name an account for solid waste service is established.
“De Minimis” means a quantity of material below a certain threshold. “Delinquent Balance” means fees which are not paid in accordance with the schedule established by the City Council or director as required by Section 13.12. 150, et seq. At the time the fees become delinquent, they shall constitute an unrecorded lien against the property. “Director” or “Public Works Director” means the director(s) of the department(s) responsible for carrying out the provisions of this chapter, the City o f Hanford Public Works Department.
“Bin Service” means service approved by the solid waste superintendent wherein the City provides one or more commercial bins of one (1) to six ( 6) cubic yard in size. Such bins shall be furnished by, rented from, and serviced by the City.
“Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one (1) kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one (1) household on a long-term basis. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter and except as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded.

Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR S ection 18982(a)(7).

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“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Se ction 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food” has the same meaning as in Section 113781 of the Health and Safety Code. “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
“Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper cups, napkins, coffee filters, pizza boxes, and milk cartons.
“Food Waste” means discardedfood and Food-Soiled Paper. “Gray Container” or “Black Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Grey Container Waste.
“Gray Container Waste” or “Black Container Waste” means Solid Waste that is collected in a Gray or Black Container that is part of a three -container collection service that prohibits the placement of Organic Waste and recyclable s in the Gray or Black Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green Container” or “Greenwaste Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic waste.

“Grocery store” means a store primarily engaged in the retail sale of canned and packaged food; dry goods; fresh fruits and vegetables; fresh meats, seafood and poultry; and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood departments.
“Hazardous Wastes” is any substance or material that is identified as hazardous and is subject to regulation under federal or state law. This includes any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the propert ies of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by-products of manufacturing processes, discarded used materials such as used oil, or discarded unused products, such as paint, cleaning fluids (solvents) or pesticides. Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt. Hazardous wastes include, without limitation, household

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products that contain corrosive, toxic, ignitable or reactive ingredients, consist of products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code. “Industrial Waste” means and includes all types of solid wastes that result from industrial processes and manufacturing operations. Industrial wastes do not include wastes legally discharged to the sanitary sewer system.
“Infectious Waste” is defined as solid waste capable of causing infectious disease, such as items contaminated with blood, saliva, or other body substances, or those actually or potentially infected with pathogenic material.

City“KWRA” means the Kings Waste and Recycling Authority, a joint powers aut hority consisting of the County of Kings and member cities.
“Landfill” means a disposal site at which solid waste is deposited and compacted before burial in a specially prepared area which provides for environmental monitoring and treatment. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned property, including, without limitation, a park, parking lot, golf course, street system, or other open space when being used for an event.
“Large Venue” means a permanent venue facility that can seat or serve an more than two thousand (2,000) individuals per event within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and i mplementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of City regulations related to solid waste. “May” is permissive.
“Medical Waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. This definition includes, but is not limited to:

1. blood-soaked bandages

2. culture dishes and other glassware

3. discarded surgical gloves

4. discarded surgical instruments

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5. discarded needles used to give shots or draw blood (e.g., medical sharps)

6. cultures, stocks, swabs used to inoculate cultures

7. removed body organs (e.g., tonsils, appendices, limbs)

8. discarded lancets

“Mixed Recyclables Container” or “Blue Container” means a container or containers approved by the solid waste superintendent and identified solely for the disposal of recyclables as defined in this section.
“Multifamily Dwelling” means five (5) or more attached or detached dwelling units on a single parcel or located on adjoining parcels that function as a single development through shared access, whether rented, leased or separate ownership. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities utilized by occupants as non -permanent dwellings.
“Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Special district(s) located within the boundaries of the City.

2. Federal facilities, including military installations, located within the boundaries of the City.

3. Prison(s) located within the boundaries of the City.

4. Facilities operated by the State park system located within the boundaries of the City.

5. Public universities (including community colleges) located within the boundaries of the City.

6. County fairgrounds located within the boundaries of the City.

7. State agencies located within the boundaries of the City.

“Nuisance” means a violation of this Chapter or anything which is injurious to health or is offensive to the senses or an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which a ffects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
“Oils” are defined as any mineral, vegetable, or synthetic substance or animal or vegetable fats that are generally slippery, combustible, viscous, liquid or liquefiable at room temperatures, soluble in various organic solvents such as ether but not in water. Common oils include but are not limited to:

1. Petroleum or a petroleum derivative, such as engine oil or lubricants.

2. Oil based paints

3. Cooking oil or fat

4. Fuels such as gasoline or diesel fuel

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“Organic Waste” means all organic putrescible materials , including, without limitation, food, plants, leaves, weeds grass and grass clippings , landscape prunings, trimmings, small branches, stumps, lumber without nails, sawdust, and compostable food-soiled paper or cardboard products. Organic waste does not include treated, stained, or painted wood or other materials that are coated with a toxic or non-compostable substance.
“Overfull” means filled to a level exceeding the designed capacity of a container or bin. A container or bin shall be deemed overfull when the material therein extends above the lip of the container or bin and/or the lid of the container or bin is unable to close fully. Container s or bins too heavy to lift or move shall also be considered overfull. “Permittee” or “Permitted Hauler” means a person who has been issued a permit as prescribed in this chapter to engage in the collection, handling or processing of solid waste within the City.
“Person” means an individual, firm, association, partnership, public or private corporation, company, organization, political subdivision, governmental agency, trustee, receiver or any other entity whatsoever.
“Premises” means a tract or parcel of land with or without habitable buildings or appurtenant structures.
“Prohibited Container Contaminants” means the following:

1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container;

2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container;

3. Discarded materials placed in the Gray or black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and

4. Hazardous substance s, hazardous waste, infectious waste, designated waste , volatile material, corrosive material, medical waste, regulated radioactive waste, and toxic substances or material that, upon acceptance, would be a violation of local, State, or Federal law, regulation, or ordinance . Provided however, the term “prohibited container contaminants” does not i nclude de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi-Family Solid Waste

“Putrescible Waste” means and includes wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes and offal.

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“Recovered Organic Waste Products” means products made from California , landfill - diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means paper products and printing and writing paper that consists of at least 30 percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Recyclable Wastes”, “Recyclables”, or “Mixed Recyclables” means non-putrescible and non-hazardous residential, commercial or industrial solid recyclable waste, which includes, but is not limited to , clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the Director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non -compostable substance. Recyclable wastes are included within the definitions for solid waste, as outlined in this section. “Residential Wastes” means and includes all types of domestic solid waste which originate in dwelling units.
“Rubble” means rocks, concrete, bricks and similar solid material; plaster, dirt and similar abandoned or discarded inorganic, noncombustible, non -putrescible materials; building construction or demolition waste materials; sod.
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short -lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“Shall” is mandatory.
“Single-Family Residence” means of, from, or pertaining to any residential premises with fewer than five (5) units. For the limited purpose of implementing and assessing compliance with SB 1383, “single -family residence” shall include multi-family residential dwellings with fewer than five (5) units.
“Sod” is defined as soil with some type of grass or plant growing in it, cut or dug up from the ground.
“Soil” or “Dirt” is defined as the upper layer of earth in which plants grow, a black or dark brown material typically consisting of a mixture of organic remains, clay, and rock particles; dirt is loose soil.

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“Solid Waste” means all putrescible or nonputrescible solid and semi -solid waste , including recyclables, organic waste, gray container waste, excepting the following: solid waste generated by commercial agricultural operations, and liquid-carried industrial wastes, and sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, hazardous substances, hazardous waste, infectious waste, volatile material, corrosive material, medical waste, infectious waste, regulated radioactive waste, rubble, and toxic substances or material that, upon acceptance, would be a violation of local, State, or Federal law, regulation, or ordinance. . “Solid Waste Collection Service” means service furnished by the City or a duly permitted collector for the collection and disposal of solid waste within the City and the areas serviced by the City in the County of Kings and hauling said waste to a facility for processing, transfer and disposal.
“Solid Waste Containers”: See Authorized Containers.
“Solid Waste Facility” means a disposal site, buy -back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid wa ste processing, or any facility specified in California Public Resources Code Section 40194 and as amended from time to time. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables, but shall exclude private residences engaged in salvaging of recyclables for their own purposes.
“Solid Waste Processor” means any authorized person regularly engaged in the processing and/or recycling of solid wastes. Solid waste processor includes a “buy-back facility.” “Solid Waste Separation” means the placement of recyclables and organic wastes in separate containers; the physical separation of recyclables and organic wastes from other solid waste. The term segregation shall be interchangeable with separation. “Solid Waste Superintendent” means the public works director of the City or such perso n designated by him/her to supervise the solid waste collection and disposal service for the City. “Source Separation” or “Source Separated” means the separation or segregation of solid waste, at the place of generation or production of the wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.
“Source Separated Green Container Organic Waste” means Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste created by the generator, excluding Source Separated Blue Container Organic Waste, carpets, non-compostable paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non -Organic Recyclables and Source Separated Blue Container waste.
“Special Haul” means the collection of solid waste in excess of the maximum amounts of solid waste to be collected by the City at a single collection or collection of any material not defined in this section as solid waste.

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“Special Waste” means solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods. Such wastes will be collected and/or processed separately from the regular collection and procedures. “Supermarket” means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
“Temporary Service” means limited -term service for bins which may be requested for a period not to exceed four (4) weeks or more than four (4) dumps in any four (4) week period.

Temporary service may be requested up to three (3) times in any twelve (12) month period, unless authorized by the Director or his or her designee, and except for construction sites or work requiring a permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the Director. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site Food Facility and two hundred (200) or more rooms.

3. Health facility with an on-site Food Facility and one hundred (100) or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with two hundred ( 250) or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility. “Walk-in Service” means service where one authorized container may be placed for collection not more than seventy-five (75) feet from the curb face. Such service shall be limited to residential customers who are blind, disabled or, for some physical reason, cannot move their containers to the curb or alley. Such hardship cases will be reviewed and a decision made on an individual basis by the solid waste superintendent.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including frui ts and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

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13.12.020 City Manager Authorization.

The City manager is authorized to delegate authority and, in accordance with Chapter 2.48, expend all necessary resources in order to carry out the provisions of this chapter. The City manager and/or his or her designee is also authorized to:

A. Establish residential and commercial minimum service required to prevent accumulations of solid waste which would lead to a threat to the health and safety of the citizens of the City; B. Set policies and standards for efficient and effective solid waste collection and disposal services;
C. Recommend to the City Council revisions to fees and charges for regular service which are needed to insure that all solid waste collection, transport, and disposal costs, both direct and indirect, are met;
D. To the extent the Proposition 218 process is inapplicable, set charges for service not specified in the rates adopted by resolution by the City Council; E. Enforce the rules and regulations contained in this chapter; F. For commercial generators and residential units under this chapter, the Director shall have the authority to establish appropriate service variances in applying this chapter. Such variance shall be at the sole discretion of the Director.

G. The Director and his or her designee(s) are authorized to enter any restaurant, hotel or other public place, or yard or out building to determine compliance with the provisions of this chapter.

13.12.030 Solid waste collection service—Compulsory.

A. Subscription Required . Any and all person(s) in possession or control of all places and premises within the City shall be required to use, and shall pay for solid waste collection and disposal services provided by the City, as found by the Director to be necessary to allow for removal of all solid waste normally created, accumulated or produced on the premises during the intervals between regular collections.

In the event City is unable to provide the solid waste collection service required by any person, as defined herein, the owner, tenant, or representative of the premises may contract with a hauler permitted to operate within the City.

B. Nothing in this Chapter shall be interpreted as prohibiting an owner or occupant of any premises from the incidental self -hauling of recyc lable material, organic waste, gray container waste , or rubble generated on their premises to an appropriate disposal site,

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hazardous waste collection site, or organics or recycling collection facility located within the County of Kings. The owner or occupant is, however, still required to maintain minimum City-provided solid waste services as defined in section 13.12. 040 below , and pay all associated fees for the service as established by the City.

C. Except for duly licensed solid waste facilities, it is unlawful for any occupant or owner of any building, lot, or premises in the City to allow or permit to collect or remain on such premises any solid waste such that it causes a public nuisance.

D. All premises shall be kept free of solid wast e and other discarded materials . The owner, occupant, or operator of any premises shall be responsible for the safe and sanitary storage of all solid waste, recyclables, organic waste, and other discarded materials accumulated on the premises.

E. Storage of Solid Waste. It shall be the duty of every owner and occupant of any private property generating solid waste to provide, and at all times to keep within the building or on the lot on which the building is situated, sufficient automatic lift containers and/or bins to allow storage of all solid waste and rubble normally accumulated on the premises during the intervals between regular collections without sp illage, escape of odors, fly breeding, or creation of any nuisance.

1. Owners of property within the City shall provide sufficient space on the property to store all containers and/or bins being used to collect all solid waste generated on the property.
a. Residential containers shall be stored on the property off the street during non - collection days and in a location where the containers are screened and cannot be easily viewed from the public right of way.
b. In order to maintain cleanliness, restrict public view, contain waste spillage and restrict access, all bins used for waste collection, unless otherwise exempted herein, must be stored on the property in approved enclosure(s) built to City standards .

Enough enclosure space shall be allocated to provide sufficient bin storage area for each bin on the property.
c. If the City determines it is unfeasible or unsafe to locate the enclosure(s) on the property for direct stab service accessibility, at his or her discretion, the Public Works Director may authorize the execution of a written agreement with the property owner and recorded with the property, to allow the owner or tenant to roll the bin(s) out to the street no earlier than 5:00 P.M. on the day prior to collection and roll them back in no later than 12:00 P.M. on the day of collection. However, all bins are re quired to be stored on the property in enclosures built to City standards on non-service days.

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d. Sites developed under prior City standards for enclosures that have insufficient enclosure space for multiple solid waste containers shall not be required to construct additional enclosures unless required as a condition of remodeling/expanding of the premises. Containers not placed in enclosures must be located such that they are screened and not easily visible from the public right of way. e. Any exceptions to the above requirements must be authorized in writing by the Public Works Director or designee.

2. Owners and/or tenants of a property shall be responsible to maintain and clean/pick up any spillage or littering of solid waste prior to the container or bin being serviced, regardless of who caused the spillage or littering. Likewise, automatic lift containers and bins shall be kept in a sanitary condition by property owners and persons in possession or control thereof.

3. The City reserves the right to require the exclusive use of City-provided automated lift containers and/or bins for all regular solid waste collection services provided by the City.

F. Source Separation Required. All customers in the City, except those specifically exempted in this chapter or in writing by the Public Works Director, must source separate their recyclable waste and organic waste, and place each type in a separate container designated for that specific type of collection.

1. Generator shall place source separated green container organic waste, including food, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, and shall not place prohibited container contaminants in collection containers.

2. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses shall adjust the service level for their collection services as requested by the City.

3. Excluding single family and multi -family residential dwellings, each generator shall provide containers for the collection of source separated green container organic waste and source separated blue container recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the mate rials that would be collected in one type of container, then the business will not be required to provide that particular container in areas where disposal containers are provided for customers.

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4. Pursuant to 14 CCR Section 18984.9(b), the containers provided to a commercial generator shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. Container labels or imprints that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

5. Contamination. No person may mix solid waste of one type in a collection container designated for another type, except as otherwise provided in this Chapter.

A violation of this section shall constitute a nuisance, and result in the contaminated container(s) being left unserviced, with a tag placed on the container describing the violation and why the container was left unserviced and notifying the customer of any actions or fines being assessed. The customer is required to correct the contamination issue prior to the container being serviced. Repeated instances of contamination may result in higher fees to service the contaminated container , fines, or both.

G. Commercial Generator Requirements : To the extent prac tical through education, training, inspection, and/or other measures, commercial generators shall:

1. Prohibit employees from placing materials in a container not designated for those materials.

2. On a monthly basis, inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

3. Annually provide informat ion to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

4. Landlords shall provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.

5. Provide or arrange access to properties for the City, or its designee, to confirm compliance with the requirements of this chapter.

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H. Ownership / Scavenging of solid waste

1. Solid waste, when placed out in authorized containers for collection, shall be deemed to be City property and under control of the City. Without permission of the City, no person shall remove waste or materials placed in an authorized container.

2. Any person violating the provisions of this section shall be guilty of a misdemeanor.

At the discretion of the enforcement officer, the violation may alternatively be charged as an infraction or treated as an administrative violation.

13.12.040 Solid waste collection service.

A. Prior to occupancy, a property owner or tenant must establish appropriate utility service for the property, including solid waste services. Failure to do so is a violation of this chapter.

The City reserves the right, at the sole discretion of the Direct or, to establish utility service for the property in either the tenant or property owner’s name and to make such service effective as of date of occupancy, as determined by the Director.

B. Failure of a tenant to establish service prior to occupancy may, at t he sole discretion of the Director, result in the City establishing utility service for the property in property owner’s name, effective as of date of occupancy, as determined by the Director.

C. It is the property owner and/or tenant’s responsibility to keep the area surrounding the containers, bin(s), the enclosure(s) and the access path to the containers, bin(s) or enclosure(s) free of obstacles that may block or impair the ability to provide solid waste service to the property. This includes, but is n ot limited to, basketball hoops, overhanging branches, scattered debris, and the like. If debris is not cleaned up and it interferes with collection, the City may clean up an enclosure and bill the property owner or tenant for the full cost of the cleanup plus a fifteen percent (15%) administration fee.

D. Minimum Container Service, single family residential. One container for gray container materials, one container for recyclables, and one container for organic wastes shall be the minimum solid waste service for each single-family residence , unless authorized by the Director. The Director may authorize or require alternative automatic lift conta iner services to be shared by two (2) units of a single-family residence or mobile home park.

E. Minimum Service – Commercial Generators. Minimum service for all commercial generators shall be determined by a waste stream assessment conducted with the customer either on site or remotely by City staff. A waste assessment will determine the volume of demand for each type of waste generated on site, and the appropriate bin size(s) and service frequency required to accommodate each of the generated waste streams in order to remove all waste generated on site in a timely manner and not allow waste to accumulate or become a nuisance.

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1. Commercial generators that produce four (4) or more cubic yards per week of solid waste (gray container waste, recyclables, and organic wastes combined) are required to provide containers for source separated recyclable waste (blue container) in compliance with Assembly Bill 341 of 2011, unless otherwise exempted under the provisions of this Chapter.

2. Commercial, industrial, and multifamily dwellings that produce two (2) or more cubic yards per week of solid waste ( gray container waste , recyclables, and organic wastes combined) are required to provide containers for source separated organic waste (green container) in compliance with Senate Bill 1383 of 2016, unless otherwise exempted under the provisions of this Chapter.

3. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.

Commercial businesses shall adjust the service level for their collection services as prescribed by the City.

4. In the event a determination is made that the site does not generate enough waste to warrant bin service, or where bin service would be impractical or unfeasible, the Director may grant an exception and allow residential containers to be used for the commercial service, but in no case shall minimum service be less than one (1) residential container for each waste stream generated on site.

F. Waivers for Commercial Generators:

1. De Minimis Waivers: City may waive some or all of organic waste requirements of this ordinance applicable to commercial businesses.
a. Commercial generators requesting a de minimis waiver shall:
i. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
(a) The Commercial generator’s total solid waste collection service is two (2) cubic yards or more per week , and organic waste subject to collection in a green container comprises les s than twenty (20) gallons per week of the business’ total waste; or,
(b) The commercial generator’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a green container comprises less than ten (10) gallons per week of the generator’s total waste.

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ii. Notify City if circumstances change such that commercial generator’s organic waste exceeds the threshold required for waiver, in which case the waiver will automatically terminate.
iii. Provide written verification of eligibility for de minimis waiver every five (5) years, if City has approved a de minimis waiver.
b. If a customer has been granted a de minim is waiver and subsequently requests or otherwise increases its service level, the de minimis waiver shall be void. Customer may submit a new request for a de minimis waiver.

2. Physical Space Waivers: City may waive a commercial generator’s or property owner’s obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the recyclable and/or organic waste collection requirements of this Chapter.
a. A commercial generator or property owner may request a physical space waiver through the following process:
i. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
ii. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
iii. Provide written verification to City that it is still eligible for physic al space waiver every five (5) years, if City has approved application for a physical space waiver.

3. Review and approval of waivers by City shall be at the discretion of the Public Works Director or their designee.

G. Frequency of Collection.

1. Service to residential single -family residen tial units shall be no less than one (1) collection per week for each container type (organics, trash, and recyclables).

2. Bin service to commercial businesses shall be at the rate of a minimum of one (1) collection per week. B in size (s) and service frequency shall be sufficient to accommodate the waste streams generated on site, unless otherwise authorized by the Director.

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H. The owners or occupants of all premises upon which solid waste is produced or accumulated shall subscribe for service as herein required and shall be given the type and frequency of service, according to the rates set forth by the C ity Council, that will, in the opinion of the Director, cause all solid waste to be removed from the premises, so there will be no accumulation, collection and keeping of the same on the premises to the detriment of public health and/or convenience.

1. The City reserves the right, upon notice to the primary account owner, to increase the number, bin size and/or frequency of service on an account if it is determined that th e current level of service is insufficient to accommodate the waste stream(s) being generated, or if the bin or container is repeatedly overfull or overweight at current service levels.

I. Manner of Collection

1. Containers and bins provided by the City, shall not be overfilled by the user.

2. Overfull containers and bins may not be serviced if, in the opinion of the solid waste operator, servicing of the container or bin could likely result in solid waste material being spilled to the ground or damage caused to the waste collection equipment. If an overfilled container or bin was scheduled for collection and it is not collected due to noncompliance with the provisions of this section, the customer must remove any excess material prior to the container or bin being serviced and may call to reschedule service, if required. A fee for additional service may apply and shall be determined by the Director.

3. Curb Service Customers . All customers whose containers or bins are required to be placed curbside for service shall place their blue, green, and grey containers at the curb between the hours of 7:00 p.m. the day prior to collection and 4:30 a.m. the day of collection, and shall remove the empty containers from the curb and store, as defined in Section 13.12.030, no later than 12:00 midnight on the day of collection. Late placement of containers may result in the container(s) not being serviced or additional fees being charged if the City accommodates a request for late service.

4. Alley Service Customers. Customers receiving alley service shall place their solid waste containers in the alley at the property line and according to the schedule above.

5. Collection of Organic Waste. Organic waste shall be separated by the customer from all other solid waste and shall be placed only in the green container, which is designated for organics i n accordance with this chapter and resolutions of the City Council. Tree trimmings and limbs too numerous or large to be placed in the green container will be collected as a special haul at an additional fee to the customer so long as the tree trimmings and limbs are less than 4 inches in diameter and are tied at each end in bundles.

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6. Collection of Mixed Recyclables: Mixed recyclables shall be separated by the customer from all other solid waste and shall be placed only in the blue container, which is designated for mixed recyclables as provided by the City for collection in accordance with this chapter and resolutions of the City Council.

7. Bin Service - Residential Areas.
a. Bin service may be allowed for single -family residences if approved by the solid waste superintendent. All requirements for source separation per Section

13.12.030.C shall remain in effect.

b. Bin service may be used in mobile home parks if approved by the solid waste superintendent. All requirements for source separation per Section 13.12.030.C shall remain in effect.

c. Bin service is required for all multifamily dwellings and all multifamily dwelling complexes.

8. Bin service – Commercial: For collection, the area surrounding the bins, the enclosure and the access path to the bins or enclosures must be cleared of obstacles that may block or impair the ability to service the bins. Bins must not be overfull or overweight. In addition, any access gates that would prevent servicing the bin must be opened or codes provided to the City. If locks are used, they shall be supplied by City, along with one key, at cost. The bin shall be placed such that a minimum of two feet of space is available on all sides.
a. If a bin cannot be collected due to noncompliance with the provisions of this section, a collection fee shall be charged for rescheduled service. The customer must contact the City to reschedule service, if desired. The fees for rescheduled service shall be set by Council.
b. All bins , when not placed out for collection, must be kept on the property in appropriate enclosures meeting design specifications issued by the Director, or in locations approved by the Director.
i. Existing sites with insufficient enclosure space for multiple waste stream containers shall not be required to construct additional enclosures unless required as a condition of remodeling/expanding of an existing building .

Containers not placed in enclosures must be located such that they are screened and not easily visible from the public right of way. Any exceptions to the above requirements must be authorized in writing by the Public Works Director or designee

13.12.050 Disabled Exemption

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A. Notwithstanding any other provisions of this chapter or any other provisions of the C ity code to the contrary, an exemption from placing a container at the curb as described in Section 13.12.040 may be made, upon approval of an application to the Director, to certain service users. If approved, walk -in service will be pr ovided free of charge, where the operator will roll the containers out from the house, service them and roll them back (containers cannot be in garages or behind fences).

B. The requester must attest and provide verifiable evidence that:

1 They are physically unable to place a full waste container at the curb ( may be required to provide a doctor’s note confirming physical disability), AND

2 There is no able bodied person living or staying more than two (2) hours a day during the week at the address or is otherwise available to place a full waste container curbside.

C. The Director is authorized to set standards, terms and conditions for said exemptions.

The exemption provided for in this section shall be by written request by customer to the Public Works Director.

D. Walk-in service fees shall be established by resolution of the City Council.

E. A customer will be exempt from walk -in service fees if they can demonstrate financial inability to subscribe or pay for such service, as determined by the current standards for household low income thresholds by the California A lternative Rates for Energy program (CARE). This can be done by providing a copy of the most current year signed IRS tax return, copies of the last three (3) employers pay stubs , or through other documents demonstrating financial hardship.

13.12.060 City Provided Temporary Bin Service.

The City may provide temporary bin service for residential accounts or areas upon application for such service, and upon a finding by the Director that regular service would not be appropriate.

Temporary service may b e authorized for short -term, intermittent solid waste collection needs.

Temporary service shall not be authorized to replace regular, minimum service.

A. Priority. Temporary service requests are accepted on a first-call, first-service basis.

B. Payment of Fee. Payment of the fee for temporary bin service is due prior to delivery of the bin. Temporary bin service may be denied if there is a past -due balance on the customer’s existing City utility account.

C. Location. Bins provided by the City for temporary service shall be stored on the property and not on the street, sidewalk, or gutter, and must be placed for curbside collection no later

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than four a.m. on the morning of scheduled collection. The bin shall be place d such that a minimum of four feet (4’) of space is available on both sides of the bin so the bin may be serviced. The bin shall not be overfull or overweight. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee shall be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service. The fees for rescheduled service shall be determined by resolution of the City Council.

D. Responsibility. It will be the responsibility of the person renting the temporary bin to ensure that the bin:

1. Does not pose a risk to public health or safety. The City may remove a temporary bin if the City confirms that the bin creates a risk to public health or safety.

2. Does not become over full or have solid waste or other discarded material placed, dropped or scattered around the container. The area around the container shall be kept clean and free of debris at all times.

3. Is not subject to or available for illegal dumping or scavenging. It will be the responsibility of the person renting the temporary bin to properly collect and dispose of any materials illegally dumped, scavenged or scattered in or around the bin.

13.12.070 Waste Not Accepted by City.

A. Wastes that will not be collected by the City, except as provided in Subsection C below, include, but are not limited, to the following:

1. Ammunition and other explosive and highly combustible materials;

2. Dead animals;

3. Hazardous waste;

4. Hot ashes;

5. Infectious waste;

6. Medical Waste;

7. Oils;

8. Axles;

9. Rubble (including bricks, building blocks, concrete, rocks, soil, dirt, and sod);

10. Heavy machinery parts;

11. Large appliances; and

12. Other material deeme d by the Public Works Director to be dangerous or which may exceed the capabilities of the City’s refuse collection or disposal capabilities.

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B. The City shall not collect hazardous wastes or infectious wastes, either alone or mixed with other matter which would normally be collected, unless the City establishes specific collection services for such wastes that meets all applicable state and federal rules and regulations.

C. Certain waste listed under Subsection A of this section may be collected as part of special collection services as established by the City from time to time.

D. For wastes not collected by the City, each generator shall arrange for the timely disposal of such waste in accordan ce with applicable loca l, state, and federal law s, ordinances and regulations and in a manner that e nsures the waste does not threaten public health or safety and does not accumulate to the point that it is offensive to the public’s senses.

13.12.080 Requirements for Commercial Edible Food Generators.

A. Tier one commercial edible food gen erators must comply with the requirements of this Section 13.12.080 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require such parties to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for the collection of edible food for food recovery; or acceptance of the edible food that the commercial edible food generator self -hauls to the foo d recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreem ents established under 14 CCR Section 18991.3(b).

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c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per mo nth, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

5. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

6. No later than March 1 of each year commencing no later than March 1, 2023 for tier one commercial edible food generators and march 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information: pounds of recovered food collected, agency receiving the recovered food, and a copy of any contract or agreement between the edible food generator and the receiving agency.

7. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

13.12.090 Requirements for Food Recovery Organizations and Services A. Food recovery organizations and services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a):

1. The name, address, and contact information for each commercial edible food generator from which the service or organization collects or receives edible food.

2. The quantity in pounds of edible food collected or received from each commercial edible food generator per month.

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3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that a food recovery service transports edible food to for food recovery.

5. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

B. Food recovery organizations and food recovery services that contract with or have written agreements with one (1) or more commercial edible food generators pu rsuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3 no later than March 1 of each year.

C. Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, or other designated entity, all food recovery services and food recovery organizations operat ing in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food reco very organization contacted by the City shall respond to such request for information within sixty (60) days.

13.12.100 Facility Operators and Community Composting Operations.

A. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in -vessel digestion facilities, and publicly -owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.

B. Community composting operators, upon City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. entities contacted by the City shall respond within sixty (60) days.

13.12.110 Requirements for Haulers

A. Permit required. Persons seeking to engage in the collection, transport, or disposal of solid waste material generated in or located within the Hanford City limits shall obtain a hauler permit from the City prior to commencing such activities. This includes, but is not limited to, person s providing roll off services, landscapers and/or arborists that remove lawn trimmings and waste from customer’s premises, commercial compactor haulers, and the like.

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Persons solely providing solid waste bin service to construction sites need not ob tain a separate Hauler Permit, though compliance with the requirements of this Chapter and City’s C&D rules shall be required as a condition of the issuance of a building permit.

1. Haulers operating within the City of Hanford prior to the adoption of this Chapter shall be allowed to continue operations but must obtain a hauler permit within three (3) months of adoption of this Chapter.

B. Permitted haulers providing residential, commercial, or industrial waste collection services to generators within the City boundaries shall meet the following requirements and standards as a condition of permit approval.

1. All solid waste generated or located within the City limits , including but not limited to source separated recyclable materials, source separated green c ontainer organic waste, and grey container waste, shall be transported to KWRA’s facility.

2. Through written notice to the City provided on or before the first (1st) day of February, May, August, and November of each year, permitted haulers shall provide the following information to City:
a. The name, address and telephone number of the person, firm or corporation conducting the solid waste collection and/or processing; b. City permit number;
c. The type of solid waste collected and/or processed;
d. Total tonnage of s olid waste collected or received for processing during that respective quarter;
e. Type of and tonnage of recyclables collected, received and processed; f. Tonnage of organic waste collected, received and processed; and g. Destination for disposal of all solid waste streams.

13.12.120 Permits—Termination—Notices—Appeals.

A. Any hauler permit issued pursuant to this Chapter shall be valid for a period not to excee d two (2) years.

B. The solid waste superintendent may terminate any permit issued pursuant to this Chapter on fifteen (15) days’ written notice to the permittee when:

1. In the judgment of the solid waste superintendent, such services can be performed with the City’s regular equipment; or

2. In the judgment of the solid waste superintendent, the disposal of such accumulations is interfering with the City’s disposal of solid waste in accordance with the provisions of this Chapter; or

3. The permittee fails to submit the quarterly report of solid waste processed as provided in Section 13.12.110(B)(2); or

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4. The permittee fails to comply with the requirement to transport solid waste material located or generated within the Hanford City limits to KWRA;

5. The permittee fails to comply with KWRA disposal requirements; or

6. The permittee fails to violates any laws, ordinances, or regulations governing the disposal of waste.

C. The solid waste superintendent may terminate any permit issued pursuant to this Chapter on ninety (90) days’ written notice to the permittee. The permit shall terminate on the ninetieth (90th) day from the date of the notice. Such notice may be given in writing by ordinary mail, postage prepaid, and addressed to the permittee at its last add ress as shown by the City’s records.

D. Any permittee who has received a notice of termination may appeal the termination in accordance with Section 13.12.210.

13.12.130 Permits not assignable.

Any permit issued pursuant to Sections 13.12.110 shall be personal to the permittee and shall not be assignable. Any attempted assignment of such permit shall result in immediate termination of such permit. (Prior code § 6-3.206)

13.12.140 Business licenses required.

The holder of a permit issued pursuant to Sections 13.12.110, if it does not already hold a business license from the City, is required to apply for and hold a business license from the City pursuant to Chapters 5.04 and 5.08 of the Hanford Municipal Code during all times in which such permit is in effect. (Prior code § 6-3.207)

13.12.150 Solid waste collection service —Rates—Setting by City Council resolution — Charges for street sweeping.

All rates and charges for solid waste collection service for residential and commercial service shall be fixed by resolution of the City Council and may include a charge to each residential and commercial service within the City limits for street sweeping . (Prior code § 6 -3.104). Fees for extra or special services shall be set by resolution of the City Council.

13.12.160 Solid waste collection service—Billing.

Solid waste collection charges including, without limitation, civil penalties , shall be included in the customer’s City utility bill

13.12.170 Delinquencies and Collections
A. Solid waste charges and other fees, fines, and other amounts identified in this chapter shall be collected by the Director of Finance.

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B. Solid waste charges shall be billed monthly with other City utilities. If midmonth connection or disconnection occurs, all solid waste charges shall be prorated accordingly an d refunds issued, if required.

C. Fees and charges not requiring prepayment or payment at the time of issuance shall be included on the next monthly City utility bill to the customer.

D. Delinquencies.

1. Late Fees and Interest. In the event any customer fails to pay the solid waste service fees, or any other required charges and fees identified in this chapter within fifteen (15) calendar days after the date of the applicable City utility bill, the u npaid amount shall be deemed delinquent, and the City shall, except as otherwise provided herein: (i) assess a fee for late payment in the amount of ten percent (10%) of the delinquent solid waste collection charges and fees plus other fees e stablished by the City Council, which amounts shall be added to the delinquent charges and fees, and the director of finance shall collect the late fee along with the delinquent charges and fees; and (ii) assess interest at the rate established by the City Council by resolution.

2. Discontinuance of Service. In the event any customer fails to pay any charges or fees described in this chapter, including any late fee or interest, by 5:00 p.m. on the due date shown on the delinquent notice issued by the City, the City, in addition to all other remedies it may have, may discontinue furnishing solid waste collection service and all other services identified on the applicable City utility bill and shall not resume the same until all outstanding charges and fees, together with any interest, service charges and/or reestablishment fees necessitated by the resumption of service, have been paid in full.

Prior to discontinuing all services identified on the applicable City utility bill, the City shall send a written delinquent notice to the customer advising the custo mer that all utilities identified in the applicable City utility bill will be discontinued if payment of the total amount identified in said written notice is not paid to the City within ten (10) calendar days after the date of said written notice. Any check not honored by a financial institution that is used to make payment on a customer’s utility account will result in additional fees established by separate resolution and will be a basis for the discontinuance of service.

3. Court Action. In addition to the discontinuing of all utilities identified on the applicable City utility bill, the City may file a civil action against the customer for the collection of any amount due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter or by law.

4. Notice of Liens. In the event a customer fails to pay in full all charges, fees, or penalties identified in this chapter within ninety (90) days of the date of any City utility bill, the City shall notify the owner of the real property receiving the solid waste service, in writing, of such delinquency and that the delinquency shall be collected pursuant to the provisions of paragraph D.5 of this Section 13.12.170.

5. Collection through Tax Roll . In the alternative to filing a civil action against the customer, the City Council, pursuant to the applicable provisions of the

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California Health and Safety Code , may elect to have all delinquent charges, fees and penalties collected on the tax roll in the same manner, at the same time and by the same persons together with and not separately from general taxes. Such delinquent charges, fees and penalties shall thereafter constitute a lien against the lot or parcel of land against which the charges have been imposed.

6. Recording of Lien. In addition to or in lieu of collecting delinquent fees through the tax roll, the City may, in accordance with California Health and Safety Code Section 5473.11, as may be amended, record a lien against real property for which fees are delinquent

7. Restoration of Service. The utilities identified on the City utility bill shall not be restored until all charges, fees and penalties, including without limitation, all expenses of removal, discontinuance, disconnection, restoration and reconnection have been paid or a payment plan is agreed to by the account holder.

8. Additional provisions regarding the collection proc ess can be found in Section

13.04.050 of the Hanford Municipal Code and shall apply to this Chapter to extent the provisions of Section 13.04.050 do not conflict with the provisions of this Chapter.

13.12.180 Restrictions.

A. It is a violation for any person to bury solid waste at any place within the City, or to keep, place or deposit solid waste on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted. Such violations shall be treated as a misdemeanor if the City pursues criminal remedies.

B. It is a violation to create, cause or add to any solid waste accumulation not placed for regular or special collection, or to cause the attraction or collection of insects or rodents. Such violations shall be treated as an infraction if the City pursues criminal remedies.

C. It is violation for any person to burn solid waste at any time within the City. Such violations shall be treated as an infraction if the City pursues criminal remedies.

D. It is a violation to deposit solid waste into containers which are not assigned to the property at which the solid waste is generated. Such violations shall be treated as an misdemeanor if the City pursues criminal remedies.

E. It is a violation to deposit or use solid waste for lot filling or leveling purposes. Such violations shall be treated as a misdemeanor if the City pursues criminal remedies.

F. It is a violation for any person to permit any manure to accumulate on premises under his, her, or its control in such manner or such extent as to give rise to fly breeding conditions or objectionable odors upon any public highway, street or alley or upon any premises within

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the City. Such violations shall be treated as an infraction if the City pursues criminal remedies.

G. It is a violation for any person or any agent or employee thereof, to hinder, threaten, impede or obstruct any City solid waste collector in the performance of their duty as defined in this chapter. Such violations shall be treated as an infraction if the City pursues criminal remedies.

H. It is an violation for any persons, other than the City or the City's designee, to collect or remove recyclable or salvageable materials placed by any person in a bag or container labeled for use in connection with a recycling program sponsored by the City. Such violations shall be treated as an infraction if the City pursues criminal remedies.

I. It is an violation to place anything other than the specific recyclable material types, as defined by the Director, into source separating recycling collection containers or bins, including organic collection containers. Such violations shall be treated as an infraction if the City pursues criminal remedies.

J. It is a violation to dispose of any waste prohibited in Section 13.12.070 into City collection containers or bins. It is the responsibility of each customer to dispose of such waste properly.

Such violations shall be treated as a misdemeanor if the City pursues criminal rem edies. If prohibited waste is included in any City authorized automatic lift container or bin, it shall be deemed contaminated and shall not be collected. It shall be the responsibility of the customer to properly dispose of the waste in containers or bins deemed contaminated. If an authorized container that contains prohibited wastes is inadvertently collected by the City, at the time the City identifies the prohibited wastes, the City shall identify where the prohibited waste originated and shall notify the offending generator in writing . The entire truck load shall be considered contaminated. It shall be the responsibility of the generator who disposed of the prohibited waste to properly dispose of the entire contaminated load of solid waste and to cover any related costs including, but not limited to, ensuring that equipment that was in contact with the prohibited waste is safe and decontaminated. In the event that an offending generator is a tenant and the City intends to lien the premises at which the violation occurred or add fees, charges, and other amounts associated with the violation to the tax roll for the premises, the City will , at the time the notice is sent to the offending generator , provide to the owner of the premises a copy of the notice. The landowner may, at its option, pay all fees, charges, and other amounts associated with the violatio n if the landowner desires to avoid the recording of a lien against the premises or addition of the fees, charges, and other amounts to the tax roll for the premises.

K. It shall be a violation to mix solid waste of one type in a collection container designated for another type, except as otherwise provided in this Chapter . Such violations shall be treated as an infraction if the City pursues criminal remedies.

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L. Any other violation of this chapter shall be an infraction . and, in the alternative , may be enforced as a violation subject to administrative or civil remedies.

13.12.190 Inspections and investigations.

A. City representatives and/or its designees are authorized to conduct Inspections and investigations, random or otherwise, of any collection container, collection vehicle loads, transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Chapter by organic waste generators, commercial businesses, property owners, commercial edible food generators, haulers, food recovery services, food recovery organizations, and other parties that are subject to this Chapter, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for inspection.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City’s employee or its Designee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for access to an entity’s premises or records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

C. Any records obtained by a City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250, et seq.

D. City representatives or their designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

E. City shall receive and investigate written complaints from persons regarding an enti ty that may be potentially in violation of the provisions of this Chapter, including receipt of anonymous complaints.

13.12.200 Enforcement of provisions.

The Public Works Director or his/her designee entity shall possess the authority to enforce this provisions of this Chapter.

13.12.210 Administrative Remedies
A. Process for Enforcement.

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1. The Public Works Director or his/her designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, and may issue notification to a regulated entity of its obligations under this chapter.

2. Beginning January 1, 2024, if the Public Works Director or his/her designee determines that a solid waste generator, permitted hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity subject to this chapter is not in compliance , he/she shall document the noncompliance or violation and may issue a Notice of Violation.

3. For incidences of prohibited container contaminants found in containers, the Public Works Director or his/her designee may issue a Notice of Violation to the generator. Such notice will be provided via a container or bin tag or other communication within fifteen (15) days after determining that a violation has occurred. Subsequent violations during a twelve (12) month period may result in the issuance of administrative citations. If the City observes prohibited container contaminants in a generator’s containers on more than three (3) occasions in a twelve (12) month period, the City may assess contamination processing fees.

For violations not involving prohibited container contaminants , the City may issue a Notice of Violation that identifies a deadline for compliance.

4. Absent compliance by the violating party within the deadline set forth in the Notice of Violation, the City may pursue other remedies available hereunder.

5. Notices shall be sent by United States Mail, certified mail with return receipt requested, to the offending party at the address reflected on the party’s utility account with the City, and, if the party does not own the premises at which the violation occur, notice will also be provided to the record owner of the property at the address of the owner maintained by the County tax collector.

B. Compliance Deadline Extension Considerations.

The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

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13.12.220. Administrative Citations.

A. Issuance of Citation.

1. Whenever the Public Works Director or his/her designee determines that a violation of a provision of this chapter has occurred, such director or his/her designee shall have the authority to issue an administrative citation to any person or entity responsible for the violation, with the exception of violations pertaining to the payment of utility charges.

2. Each administrative citation shall contain the following information:

a. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

b. The address or a description of the location where the violation occurred;

c. The section of this code violated and a description of the violation;

d. The amount of the fine for the violation;

e. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

f. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

g. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

h. The name and signature of the individual issuing the citation.

B. Amount of Fines.

1. The amounts of the fines for code violations imposed pursuant to this section shall be set forth in a schedule of fines established by resolution of the City Council.

2. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.

C. Payment of Fines.

1. Fines shall be paid to the City within thirty (30) days from the date o f the administrative citation.

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2. Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.

3. Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

D. Hearing Request.

1. Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to the City Clerk within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine.

2. A request for hearing shall be submitted in writing to the City Clerk.

3. The person or entity requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing.

4. If the City department that issued the citation submits an additional written report concerning the administrative citation to the hearing officer, then a copy of such report shall be served on the person requesting the hearing at least fi ve (5) calendar days prior to the date of the hearing.

E. Hearing Officer. A hearing officer designated by the city manager shall serve as the hearing body for appeals regarding administrative citations issued under this chapter.

F. Hearing Procedure.

1. No hearing to contest an administrative citation shall be held unless the fine has been deposited with the City in advance; provided however, the deposit requirement shall be waived if the director of the City department issuing the citation det ermines that the appealing party is financially unable to deposit the amount of the fine. The process to waive the deposit and fee requirements set forth in section 13.04.110 of this Code shall apply with respect to the waiver of the deposit of fine amounts.

2. A hearing shall be set for a date that is not less than fifteen (15) calendar days and not more than sixty (60) calendar days from the date that the request for hearing is filed in accordance with the provisions of this section.

3. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

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4. The failure of any recipient of an administrative citation to appear at the appeal hearing sha ll constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

5. The administrative citation and any additional report submitted by the department issuing the citation shall constitute prima facie evidence of the respective facts contained in those documents.

6. The hearing officer may continue the hearing and request additional information from the City department issuing the citation or from the recipient of the administrative citation prior to issuing a written decision.

G. Hearing Officer’s Decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the administrative citation and shall list in the decision th e reasons for the decision. The decision of the hearing officer shall be final.

2. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

3. If the hearing officer determines that the administration citation should be canceled, then the City shall promptly refund the amount of the deposited fine.

4. If the hearing officer determines that the fine levied under the administration citation should be adjusted, then the City will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing officer or the recipient of the administrative citation will promptly pay to the City an additional amount fixed by the hearing officer if the officer finds that the fine assessed under the administrative citation to be insufficient.

5. The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision.

H. Late Payment Charges. Any person or entity who fails to pay to the City any fine imposed pursuant to the provisions of this section on or before the date that the fine is due shall also be liable for an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate established by the City Council by resolution ; provided however, the additional penalty and/or interest shall not apply if collection of the same by the City would violate State law.

I. Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, including the tax roll and lien remedies described in this chapter. Collectio n costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation. Collection costs imposed under this provision shall be added to and become a part of

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the underlying obligation. Any partial payment of an obligation, when a partial payment is permitted, will be applied first to the principal amount of the underlying obligation, then to any penalties, and then to interest.

J. Right to Judicial Review. Any person or entity aggrieved by a decision of th e hearing officer on an administrative citation may obtain review of the decision by filing a petition for review with the Superior Court for Kings County, California in accordance with the timelines and provisions set forth in California Government Code Section 53069.4, as may be amended.

K. Notices. The administrative citation and all notices required to be given by this section shall be served on the responsible party by personal delivery thereof to the person or entity to be notified or by deposit in the United States Mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is di rected. Service by mail shall be deemed to have been completed at the time of deposit in the mail. If the user who is responsible for the violation does not own the real property at which the violation occurred, the City will also provide a copy of the citation and associated notices to the owner when the citation and notices are served upon the user.

13.12.230 Criminal Prosecution.

A. A party who willfully or negligently violates any provision of this chapter, with the exception of provisions pertaining to the timely payment of utility charges, shall, except as otherwise provided herein, be guilty of a crime punishable pursuant to Section 19 of the California Penal Code, as may be amended.

B. A party who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained pursuant to this chapter, shall, upon conviction, be punished by a fine and/o r imprisonment as allowed under State law.

13.12.240 Civil Remedies.

A. When the Public Works Director or his/her designee finds that a party has violated or continues to violate, any provision of this chapter, with the exception of provisions pertaining to the timely payment of utility charges, such director may petition the Superior Court of Kings County, California, through the City’s attorney, for the issuance of a temporary restraining order, temporary injunction, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.

B. Nothing contained in this Code shall preclude or limit the City from pursuing a civil action for damages against a person that causes the City to incur injury, loss, costs, or expenses as a result of the person’s or entity’s violation of this chapter.

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C. In addition to all other remedies, as part of any civil action brought by the City, a court may assess a civil penalty in an amount not to exceed the maximum allowed by State law per day for each violation with respect to any person or entity that vio lates this chapter, which penalty shall be payable to the City.

13.04.250 Appeal.

A. This section shall only apply to matters in which no appeal process is otherwise specified in this chapter.

B. Any person affected by any decision, action or determina tion by any City department in interpreting or implementing the provisions of this chapter may file with the City Clerk, within ten (10) calendar days of the date of service of such decision, action or determination, a notice of appeal to the City Clerk ap pealing such decision, action or determination. Except as otherwise provided, the appealing party shall, at the time of submitting the notice of appeal, pay the applicable appeal fee, which shall be established by the City Council, as a condition of the City processing the appeal. The notice of appeal shall set forth in detail all facts supporting the user’s appeal. The filing of the notice of appeal shall not limit the authority of the City to take such action as the City deems necessary to stop or preve nt an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened harm to the health or safety of the public.

C. Notwithstanding Subsection B. above, a user who is financially unable pay the appeal fee may file with the City Clerk a request for a waiver of all or a portion of the required deposit and appeal fee. The waiver provisions set forth in section 13.04.110 of this Code shall, to the extent feasible, apply to appeal fees ch arged pursuant to this section; provided however, the City Clerk shall possess decision-making authority over the waiver or partial waiver of appeal fees occurring under this section.

D. Upon receipt of a notice appeal and appeal fee, the City Clerk shall set the matter for hearing before an appeal officer designated by the city manager, and after said hearing, the appeal officer may affirm, overrule or modify the decision, action or determination of a City department that is the subject of the appeal . To the extent feasible, the hearing provisions contained in Section 13.12.210 above shall apply to appeals occurring under this section.

E. Following the appeal hearing, an aggrieved user may seek judicial review of an appeal officer’s decision by filing a complaint with the Superior Court of Kings County, California during the period identified by California Code of Civil Procedure Section 10 94.6, as may be amended.

13.12.260 Superior court action.

The City may, at its option, elect to petition the Superior Court of Kings County, California to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of 1285 through 1297.6, inclusive, of the California Code of Civil Procedure.

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13.12.270 Public nuisance.

In addition to any other remedy provided by law or in equity, violation of any provisions of this chapter, excluding provisions relating to the timely payment of services charges, is hereby determined and declared to be a public nuisance and may be abated and/or enjoined pursuant to State law. The City may cause proceedings to be brought for abatement and may recover reasonable attorney ’s fees, court costs and other costs and expenses associated with such abatement efforts.

13.12.240 Attorney’s fees and expenses.

The City shall have the right to recover reasonable attorney’s fees, court costs and other expenses associated with any and all of the enforcement activities identified in this chapter, in addition to the amount assessed as damages to the City.

13.12.250 Non-exclusive remedies.

The enforcement procedures, penalties, and remedies provided in this chapte r are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this chapter or by any federal, state or local law, regulation, or rule.

In addition, the City may pursue any, all, or an y combination of these enforcement procedures, penalties and remedies against any person that violates any provision of this chapter.

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Chapter 12.08 WATER EFFICIENT LANDSCAPE DESIGN AND INSTALLATION Note
* Prior code history: §§ 7-2A.01—7-2A.09.

12.08.010 Statement of purpose.

The purpose of these regulations is to establish standards and procedures for landscape designs and installations which are publicly and privately owned and maintained. The intent of these regulations is to develop guidelines for landscapes which utilize reasonable amounts of water and maintain design freedom.

To this end, the regulations call for reduced water consumption, resp onsible landscape design, water efficient landscape irrigation practices and responsible landscape maintenance. These regulations are hereby incorporated by this reference into the city’s existing procedures for checking landscape and irrigation plans as part of the building permit process. (10-02, Amended, 02/02/2010)

12.08.020 Applicability.

After July 1, 2022, these regulations shall be applicable to all of the following landscape projects:

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are construct ing a new (Single-Family, Multi -Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Chapter.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations , Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil.

Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic

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D. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

E. Existing landscapes must comply with Sections 12.08.190 and 12.08.200 of this Chapter.

F. New and rehabilitated cemeteries must comply with Sections 12.08.060, 12.08.130 and 12.08.140 of this Chapter.

G. Existing cemeteries shall comply with Sections 12.08.190 and 12.08.200 of this Chapter.

H. Projects that are exempt from this chapter are the following:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections as part of botanical gardens and arboretums open to the public.

Additionally, the director of public works may exempt any project from specific regulations due to specific conditions associated with the project so long as the project is in substa ntial compliance with the regulations. (10-02, Amended, 02/02/2010)

12.08.021 Permits and fees.

A landscape permit shall be required for all landscape projects as outlined in Section 12.08.020. Fees for landscape permits shall be set by city council resolution. (10-02, Amended, 02/02/2010)

12.08.022 Authorized to design a landscape.

A. Landscape Architect. Must hold a professional license to practice landscape architecture. May perform professional services for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible constru ction observation ( Business and Professions Code, Section 5615).

B. Architect. Must hold a professional license to practice architecture. May offer, perform, or be in responsible control of professional services which require the skills of an architect in the planning of sites (Business and Professions Code, Sections 5500.1 and 5641.3).

C. Professional Engineers. Must hold professional registration to practice engineering. May perform professional services as defined under Business and Professions Code, Section 5615, as long as the work is incidental to an engineering project ( Business and Professions Code, Sections 5615, 5641.3 and 6701 et seq.).

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) D. Landscape Contractors. Must hold a C-27 landscaping contractor’s license. May design systems and facilities for work to be performed and supervised by that contractor (Business and Professions Code, Sections 5641.4 and 7027.5 and California Code of Regulations, Title 16, Division 8, Section 832.27).

E. Nurserypersons. Must hold a license to sell nursery stock. May prepare planting plans or drawings as an adjunc t to merchandizing nursery stock and related products ( Business and Professions Code, Section 5641.2 and Food and Agricultural Code, Section 6721 et seq.).

F. Unlicensed Persons. The unlicensed persons noted below may perform services as described:

1. Landscape/Garden Designers, etc. May prepare plans, drawings and specifications for the selection, placement or use of plants for single-family dwellings; may prepare drawings for the conceptual design and placement of tangible objects and landscape features; may not prepare construction documents, details or specifications for tangible landscape objects or landscape features; and may not prepare grading and drainage plans for the alteration of sites.

2. Personal Property Owners (Homeowner). May prepare any plans, drawings or specifications for any one- or two-family dwelling property owned by that person.

3. Golf Course Architect. May engage in the practice of, or offer to practice as, a golf course architect. May perform professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of a golf course, in accordance with accepted professional standards of public health and safety.

4. Irrigation Consultants. May engage in the practice of, or offer to practice as, an irrigation consultant. May perform consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of landscape irrigation, in accordance with accepted professional standards of public health and safety.
(The applicable statutes which gove rn the above unlicensed categories are Business and Professions Code, Sections 5641, 5641.1, 5641.5 and 5641.6.) (10-02, Amended, 02/02/2010)

12.08.030 Definitions.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
“Applied water” means the portion of water supplied by the irrigation system to the landscape. “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather based) or soil moisture data. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. “Certificate of completion” means the document required under Section 12.08.110. “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s certified irrigation designer program.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S.

Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s certified irrigation designer program.
“Check valve” or “anti-drain valve” means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
“Common interest development” means community apartment p rojects, condominium projects, planned developments and stock cooperatives per Civic Code Section 1351. “Compost” means a mixture of organic matter, as from leaves and manure, that has decayed or has been digested by organisms, used to improve soil structure and provide nutrients. “Conversion factor (0.62)” means the number that converts acre -inches per acre per year to gallons per square foot per year.
“Drip irrigation” means any non-spray low volume irrigation system utilizing emis sion devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Ecological restoration project” means a project where th e site is intentionally altered to establish a defined, indigenous, historic ecosystem.
“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two (2) years of growth. “Establishment period of the plants” means the first year after installing the plant in th e landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.
“Estimated total water use (ETWU)” means the total water used for the landscape as des cribed in Section 12.08.060.
“ET adjustment factor (ETAF)” means a factor of 0.7 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For p urposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7) = (0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8. “Evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four (4) to seven (7) inch tall, cool-season grass that is well-watered.

Evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.
“Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
“Flow rate” means the rate at which water flows through pipes, valves and emission devices measured in gallons per minute, gallons per hour or cubic feet per second.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) “Hardscapes” means any durable material (pervious and non-pervious). “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes which are not owner-occupied dwellings.
“Hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
“Invasive plant species” means species of plants not historically found in California spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. “Noxious wee ds” means any weed designated by the weed control regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to, inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow and preparation of an irrigation schedule. “Irrigation efficiency (IE)” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.7 1. Greater irrigation efficiency can be expected from well -designed and maintained systems.
“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not li mited to, inspection, system test and written recommendations to improve performance of the irrigation system. “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
“Landscape architect” means a person who holds a license to practice landscape architecture in the state of California per Business and Professions Code, Section 5615. “Landscape area” means all the planting areas, turf areas and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sid ewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non -irrigated areas designated for non -development (e.g. open spaces and existing native vegetation).
“Landscape contractor” means a person licensed by the state of California to design, construct, maintain, repair, install or subcontract the development of landscape systems. “Landscape documentation package” means the documents required under Section 12.08.050. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this chapter, meeting requirements under Section 12.08.050.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
“Local agency” means the city of Hanford, which is responsible for adopting and implementing this chapter. The city of Hanford is also responsible for the enforcement of this chapter including, but not limited to, approval of a building or landscape permit for a project. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
“Maximum applied water allowance (MAWA)” means the upper limit of annual applied water for the established landscaped area as specified in Section 12.08.060. It is based upon the area’s reference evapotranspiration, the ET adjustment factor and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants, such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. “Microclimate” means the climate of a small, specific are a that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density or proximity to reflective surfaces.
“Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mulch” means any organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel and decomposed granite left loose and app lied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion.
“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“New construction” means, for the purpose of this chapter, a new building with a landscape or other new landscape such as a park, playground or greenbelt without an associated building. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
“Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
“Overspray” means the irrigation water which is delivered beyond the target area. “Permit” means the authorizing document issued by local agencies for new construction or rehabilitated landscapes.
“Pervious” means any surface or material that allows the passage of water th rough the material and into the underlying soil.
“Plant factor” or “plant water use factor” is a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication, Water Use Classification of Landscape Species. “Precipitation rate” means the rate of application of water measured in inches per hour. “Project applicant” means the individual or entity submitting a landscape documentation packag e required under Section 12.08.050 to request a building or landscape permit from the city. A project applicant may be the property owner or his/her designee. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
“Record drawing” or “as-built” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
“Recreational area” means areas dedicated to active play such as parks, sports fields and golf courses where turf provides a playing surface.
“Recycling water,” “reclaimed water” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
“Rehabilitated landscape” means any re -landscaping project that requires a building or landscape permit and meets the requirements of Section 12.08.020 and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. “Soil texture” means the classification of soil based on its percentage of sand, silt and clay. “Special landscape area (SLA)” means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses and where turf provides a playing surface. “Sprinkler head” means a device which delivers water through a nozzle. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
“Station” means an area served by one valve or by a set of valves that operate simultaneously. “Swing joint” means an irrigation component provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are cool -season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass and Buffalo grass are warm-season grasses. “Valve” means a device used to control the flow of water in the irrigation system. “Water conserving plant species” means a plant species identified as having a low plant factor.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) “Water fe ature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for onsite wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. “Watering window” means the time of day irrigation is allowed. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. (10-02, Amended, 02/02/2010)

12.08.040 Implementation.

A. To assure that the intent of these regulations is carried out, the applicant for a building or landscape permit is required to submit to the city a landscape documentation package as described in Section 12.08.050 for review and approval by the city.

B. During the installation of the approved landscape plan, it is the responsibility of the community development department (public works department for landscape improvements constructed within public property or street rights-of-way) to inspect the project to confirm that the landscaping for the project was installed in accordance with the approved plans. The landscape designer shall certify that the project is in compliance with these regulations by signing and submitting a completed certificate of compliance. The director of public works, or designated representative, may authorize the deferral of landscape completion for good and valid reasons subject to the posting of appropriate security with the city.

C. The city may establish and administer penalties to the project applicant for noncompliance with this chapter to the extent permitted by law. The amount of these penalties shall be set by city council resolution. (10-02, Amended, 02/02/2010)

12.08.050 Landscape documentation package submittal requirements.

Prior to construction of all new or rehabilitated landscapes, the following landscape documentation package shall be submitted to the city for review and approval as part of an application for a building or landscape permit for projects identified in Section 12.08.020. All landscape plans and specifications shall be prepared and signed by a licensed landscape architect, a licensed landscape contractor or any other person authorized to design landscapes. The license number of the architect, contractor or other authorized landscape designer shall be inserted next to their signature on such plans.

The landscape documentation package shall include the following elements:

A. Project Information.

1. Date.

2. Project applicant.

3. Project address (if available, parcel or lot number(s)).

4. Total landscape area (square feet).

5. Project type (e.g. new, rehabilitated, public, private, cemetery, homeowner-installed).

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6. Water supply type (e.g. public well, private well, recycled).

7. Project applicant and property owner contact information.

8. Landscape documentation package submittal checklist, see Appendix A.

9. Applicant signature and date with statement, “I agree to comply with the requirements of the Water Efficient Landscape Design and Installation Ordinance and submit a complete landscape documentation package.”
B. Water Efficient Landscape Worksheet.

1. Hydrozone information table.

2. Water budget calculations:
a. Maximum applied water allowance (MAWA).
b. Estimated total water use (ETWU).

3. Soil management report.

4. Grading plan.

5. Landscape design plan.

6. Irrigation design plan.

C. Landscape improvement plans shall be drawn on sheets no larger than thirty (30) inches by forty- two (42) inches and no smaller than eighteen (18) inches by twenty-four (24) inches at a scale which shows sufficient detail to clearly interpret the plans, preferably not less than one inch equals thirty (30) feet. (10- 02, Amended, 02/02/2010)

12.08.060 Water efficient landscape worksheet.

A. A project applicant shall complete the following water effici ent landscape worksheets as identified in Appendix B:

1. A hydrozone information table (see Appendix B, Section A) for the landscape project; and

2. A water budget calculation (see Appendix B, Section B) for the landscape project.

B. Water budget calculations shall adhere to the following requirements:

1. Plant types shall be grouped so as to have zoned landscape areas that utilize a similar water requirement. The cumulative effect of this zoning shall be to create a moderate water consuming landscape.

The zone types shall be designated low, moderate or high water use with reference to water consumptiveness. The plant factor value used shall be taken from WUCOLS (a copy of this can be obtained from the city public works department). The plant factor ranges from 0 to 0.3 for low water use plants, from

0.4 to 0.6 for moderate water use plants and from 0.7 to 1.0 for high water use plants.

2. All water use features shall be included in the high water use hydrozone, and temporarily irrigated areas shall be included in the low water use hydrozone.

3. All special landscape areas shall be identified and their water use calculated as described below.

4. The ETAF for special landscape areas shall not exceed 1.0.

C. The maximum applied water allowance (MAWA) shall be calculated using the following equation: MAWA = (ETo)(0.62) [(0.7 x LA) +(0.3 x SLA)] (ETo for Hanford is 51.5 inches per year). The

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) following calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and/or planned landscape project:

1. Example MAWA Calculation. A hypothetical landscape project in Hanford with an irrigated landscape area of fifty th ousand (50,000) square feet without any special landscape areas (SLA = 0, no edible plants, recreational areas or use of recycled water). To calculate MAWA, the annual evapotranspiration (ETo) value for Hanford is 51.5 inches.

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)].

MAWA = maximum applied water allowance (gallons per year).

ETo = annual evapotranspiration (inches per year).

0.62 = conversion factor (to gallons).

0.7 = ET adjustment factor (ETAF).

LA = landscape area including SLA (square feet).

0.3 = additional water allowance for SLA.

SLA = special landscape area (square feet).

MAWA = (51.5 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,117,550 gallons per year.

To convert from gallons per year to hundred -cubic-feet per year: 1,117,550/748 gallons per year = 1,494 hundred-cubic-feet per year (100 cubic feet = 748 gallons).

2. In this next hypothetical example, the landscape project in Hanford ha s the same ETo value of

51.5 inches and a total landscape area of fifty thousand (50,000) square feet. Within the fifty thousand (50,000) square foot project, there is now a two thousand (2,000) square foot area planted with edible plants.

This two thousand (2,000) square foot area is considered to be a special landscape area (SLA).

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)].

MAWA = (51.5 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]. = 31.93 x (35,000 + 600) gallons per year = 31,93 x 35,600 gallons per year. = 1,136,708 gallons per year or 1,519 hundred-cubic-feet per year.

D. Estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.

ETWU = (ETo) (0.62)

Where:

ETWU = estimated total water use per year (gallons).

ETo = annual evapotranspiration (inches).

PF = plant factor from WUCOLS.

HA = hydrozone area (high, medium and low water use areas) (square feet).

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) SLA = special landscape area (square feet).

0.62 = conversion factor.

IE = irrigation efficiency (minimum 0.71).

1. Example ETWU Calculation. Landscape area is fifty thousand (50,000) square feet; plant water use type, plant factor and hydrozone area are shown in the table below. The ETo value is 51.5 inches per year. There are no special landscape areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example.

Hydrozone Plant Water Use
Type(s)
Plant Factor
(PF)*
Hydrozone Area (HA) (sq.
ft.)
PF x HA (sq. ft.)
1 High 0.8 7,000 5,600
2 High 0.7 10,000 7,000
3 Medium 0.5 16,000 8,000
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 24,700
*Plant factor from WUCOLS

ETWU = (51.5) (0.62)

= 1,110,804 gallons per year.

Compare ETWU with MAWA. For this example, MAWA = (51.5) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 1,117,530 gallons per year. The ETWU (1,110,804 gallons per year) is less than MAWA (1,117,550 gallons per year). In this example, the water budget complies with the MAWA.

2. Example ETWU Calculation. Total landsc ape area is fifty thousand (50,000) square feet, two thousand (2,000) square feet of which is planted with edible plants. The edible plant area is considered a special landscape area (SLA). The evapotranspiration value is 51.5 inches per year. The plant ty pe, plant factor and hydrozone area is shown in the table below.

Hydrozone Plant Water Use
Type(s)
Plant Factor
(PF)*
Hydrozone Area (HA) (sq.
ft.)
PF x HA (sq. ft.)
1 High 0.8 7,000 5,600

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) 2 High 0.7 9,000 6,300
3 Medium 0.5 15,000 7,500
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 23,500
6 SLA 1.0 2,000 2,000
*Plant factor from WUCOLS

ETWU = (51.5) (0.62)

= 1,120,700 gallons per year.

Compare ETWU with MAWA. For this example, MAWA = (51.5) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)]
= 31.93 x [(35,000 + 600)]
= 31.93 x 35,600
= 1,136,708 gallons per year. The ETWU (1,120,700 gallons per year) is less than MAWA (1,136,708 gallons per year). In this example, the water budget complies with the MAWA. (10 -02, Amended, 02/02/2010)

12.08.070 Soil management report.

A. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed, after determination by the public works director or designated representative, that conditions warrant such testing. Conditions which warrant the preparation of soil tests include, without limitation:

1. Severe g rading that removes substantial topsoil and exposes subsurface soil layers for new landscaping;

2. Suspected pervious land use conditions which could retard or complicate desirable plant growth conditions.

B. Samples of the onsite soil shall be taken after completion of rough grading work and all ancillary work that may cause compaction of the planting areas. The samples shall be submitted to a certified soil testing laboratory for analysis. The soil samples shall be taken to account for every two acres or less of landscape area and their locations shall be noted on the approved site plan. All soil samples showing adverse rates of compaction shall receive mitigation recommendations in the soil management report issued by the testing laboratory.

C. The soil management report must provide the following information:

1. Soil texture;

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2. Infiltration rate determined by laboratory testing or soil texture infiltration rate table;

3. Ph;

4. Total soluble salts;

5. Sodium;

6. Percent organic material; and

7. Recommendations.

D. The project applicant shall comply with one of the following:

1. If significant mass grading is not planned, the soil analysis report shall be submitted to the city as part of the landscape documentation package.

2. If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.

3. The soil analysis report shall be made available in a timely manner to the professionals preparing the landscape design plans and irrigation design plans to make necessary adjustments to the design plans.

4. The project applicant shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion. (10-02, Amended, 02/02/2010)

12.08.080 Grading plan.

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part of the landscape documentation package.

A c omprehensive grading plan prepared by a civil engineer for other agency permits satisfies this requirement.

A. The project applicant shall submit a landscape grading plan that includes finished configurations and elevations of the landscape area including:

1. Height of graded slopes;

2. Drainage patterns;

3. Pad elevations;

4. Finish grade; and

5. Stormwater retention improvements, if applicable.

B. To prevent excessive erosion and runoff, it is highly recommended that project applicants:

1. Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto non-permeable hardscapes;

2. Avoid disruption of natural drainage patterns and undisturbed soil; and

3. Avoid soil compaction in landscape areas.

C. The grading design plan shall contain the following statement: “I have complied with the criteria of the Water Efficient Landscape Design and Installation Ordinance and applied them accordingly for the efficient use of water in the grading design” and bear the signature of a licensed professional as authorized by law. (10-02, Amended, 02/02/2010)

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

12.08.090 Landscape design plan.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

A. Plant Material.

1. Any plant may be selected for the landscape providing the estimated total water use in the landscape area does not exceed the max imum applied water allowance. To encourage the efficient use of water, the following is highly recommended:
a. Protection and preservation of native species and natural vegetation; b. Selection of water conserving plant and turf species; c. Selection of plants based on disease and pest resistance; d. Selection of trees based on applicable local tree ordinances or tree shading guidelines; and e. Selection of plants from local and regional landscape program plant lists.

2. Each hydrozone shall have plant materials with similar water use with the exception of hydrozones with plants of mixed water use, as specified in Section 12.08.100(B)(4).

3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
a. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on local climate; b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g. buildings, sidewalks, power lines); and c. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

4. Turf is not allowed on slopes greater than twenty -five percent (25%) where the toe of the slope is adjacent to an impermeable hardscape and where twenty -five percent (25%) means one foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run x 100 = slope percent).

5. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention.

Avoid fire-prone plant materials and highly flammable mulches.

6. The use of invasive and/or noxious plant species is strongly discouraged.

7. The architectural guid elines of a common interest development (which includes community apartment projects, condominiums, planned developments and stock cooperatives) shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

B. Water Features.

1. Recirculating water systems shall be used for water features.

2. Where available, recycled water shall be used as a source for decorative water features.

3. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

4. Pool and spa covers are highly recommended.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) C. Mulch and Amendments.

1. A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated.

2. Stabilizing mulching products shall be used on slopes.

3. The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement.

4. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 12.08.070).

D. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter or other method;

2. Identify each hydrozone as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculations;

3. Identify recreational areas;

4. Identify areas permanently and solely dedicated to edible plants;

5. Identify areas irrigated with recycled water;

6. Identify type of mulch and application depth;

7. Identify soil amendments, type and quantity;

8. Identify type and surface area of water features;

9. Identify hardscapes (pervious and non-pervious);

10. Identify location and installation details of any applicable stormwater best management practices that encourage onsite retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales and basins that allow water to collect and soak into the ground, b. Constructed wetlands and retention ponds that retain water, handle excess flow and filter pollutants, and
c. Pervious or porous surfaces (e.g. permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc);

12. Contain the following statement, “I have complie d with the criteria of the Water Efficient Landscape Design and Installation Ordinance and applied them for the efficient use of water in the landscape design plan”; and

13. Bear the signature of a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape. (10-02, Amended, 02/02/2010)

12.08.100 Irrigation design plan.

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer’s recommendations. The irrigation system and its related components shall be planned

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) and designed to allow for proper installation, management and mainte nance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

A. System.

1. Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.

2. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.

3. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. a. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps or other devices shall be installed to meet the required dynamic pressure of the irrigation system. b. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

4. Sensors (rain, freeze, wind, etc.) either integral or auxiliary that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation s ystems as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

5. Manual shut-off valves (such as gate valve, ball valve or butterfly valve) shall be required, as close as poss ible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

6. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable city standards and specifications for additional backflow prevention requirements.

7. High flow sensors that detect and report high flow conditions created by system dam age or malfunction are recommended.

8. The irrigation system shall be designed to prevent runoff, low head drainage, overspray or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways or structures.

9. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

10. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

11. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 12.08.060 regarding the maximum applied water allowance.

12. It is highly recommended that the project applicant inquire with the city about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

13. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

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14. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

15. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

16. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas.

17. Check valves or anti-drain valves are required for all irrigation systems.

18. Narrow or irregularly shaped areas, including turf, less than seven (7) feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.

19. Overhead irrigation shall not be permitted within twenty-four (24) inches of any non-permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel or other porous material. These restrictions may be modified if:
a. The landscape area is adjacent to permeable surfacing and no runoff occurs; or b. The adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or
c. The irrigation designer specifies an alternative design or technology as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 12.08.100. Prevention of overspray and runoff must be confirmed during the irrigation audit.

20. Slopes greater than twenty-five (25) percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology as part of the landscape documentation package and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

B. Hydrozone.

1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions and plant materials with similar water use.

2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

3. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.

4. Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if:
a. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
b. The plant factor of the higher water using plant is used for calculations.

5. Individual hydrozones that mix high and low water use plants shall not be permitted.

6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. Use this valve number in the hydrozone information table (see Appendix B, Section A). This table can also assist with the irrigation audit and programming the controller.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

7. The irrigation design plan, at a minimum, shall contain:
a. Location and size of separate water meters for landscape; b. Location, type and size of all components of the irrigation system, including c ontrollers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow prevention devices;
c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (pressure per square inch) for each station;
e. Recycled water irrigation systems as specified in Section 12.08.160; f. The following statement: “I have complied with the criteria of the Water Efficient Landscape Design and Installation Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and
g. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor or any other person authorized to design an irrigation system. (10-02, Amended, 02/02/2010)

12.08.110 Certificate of completion.

A. The certificate of completion (see Appendix C) shall include the following six (6) elements:

1. Project information sheet that contains:
a. Date;
b. Project name;
c. Project applicant name, telephone and mailing address; d. Project address and location; and
e. Property owner name, telephone and mailing address.

2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan or the licensed landscape contractor that the landscape project has bee n installed per the approved landscape documentation package.

Where there have been significant changes made in the field during construction, these “as -built” or record drawings shall be included with the certification.

3. Irrigation scheduling parameters used to set the controller (see Section 12.08.120).

4. Landscape and irrigation maintenance schedule (see Section 12.08.130).

5. Irrigation audit report (see Section 12.08.140).

6. Soil analysis report, if not submitted with landscape documentation package and documentation verifying implementation of soil report recommendations (see Section 12.08.070).

B. The project applicant shall:

1. Submit the signed certificate of completion to the local agency for review.

2. Ensure that copies of the approved certificate of completion are submitted to the city and property owner or his/her designee.

C. The city shall:

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

1. Receive the signed certificate of completion from the project applicant.

2. Approve or deny the certificate of completion. If the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal or other assistance. (10 - 02, Amended, 02/02/2010)

12.08.120 Irrigation scheduling.

For the efficient use of water, all irrigation schedules shall be developed, managed and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

A. Irrigation scheduling shall be regulated by automatic irrigation controllers.

B. Overhead irrigation shall be scheduled betwee n six p.m. and ten a.m. during daylight savings time unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate and current reference evapotranspiration so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

D. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

1. The plant establishment period;

2. The established landscape; and

3. Temporarily irrigated areas.

E. Each irrigation schedule shall consider for each station all of the following that apply:

1. Irrigation intervals (days between irrigation);

2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);

3. Number of cycle starts required for each irrigation event to avoid runoff;

4. Amount of applied water scheduled to be applied on a monthly basis;

5. Application rate setting;

6. Root depth setting;

7. Plant typesetting;

8. Soil type;

9. Slope factor setting;

10. Shade factor setting; and

11. Irrigation uniformity or efficiency setting. (10-02, Amended, 02/02/2010)

12.08.130 Landscape and irrigation maintenance schedule.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of compliance.

B. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding in al l landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

D. A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance. (10-02, Amended, 02/02/2010)

12.08.140 Irrigation audit, irrigation survey and irrigation water use analysis (new and rehabilitated landscapes).

A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B. For new construction and rehabilitated landscape projects installed after July 1, 2022 , as described in Section 12.08.020, the following apply:

1. The project applicant shall submit an irrigation audit report with the certificate of completion to the city that may include, but is not limited to, inspection, system tune -up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

2. The city shall admini ster programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (10-02, Amended, 02/02/2010)

12.08.150 Irrigation efficiency.

For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintaine d and managed to meet or exceed an average landscape irrigation efficiency of 0.71. (10-02, Amended, 02/02/2010)

12.08.160 Recycled water.

A. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

B. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

C. Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0. (10-02, Amended, 02/02/2010)

12.08.170 Stormwater management.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase onsite retention and infiltration are encouraged.

B. Project applicants shall refer to the city or regional water quality control board for information on any applicable stormwater ordinances and stormwater management plans.

C. Rain gardens, cisterns and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. (10 -02, Amended, 02/02/2010)

12.08.180 Public education.

A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. Developers/builders shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water efficient landscapes.

B. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

1. Signs shall be used to identify the model as an example of a water efficient landsc ape featuring elements such as hydrozones, irrigation equipment and others that contribute to the overall water efficient theme.

2. Information shall be provided about designing, installing, managing and maintaining water efficient landscapes. (10-02, Amended, 02/02/2010)

12.08.190 Irrigation audit, irrigation survey and irrigation water use analysis (existing landscapes).

This section shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size.

A. For all landscapes in this section that have a water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. T he maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

B. For all landscapes in this section that do not have a water meter, the city shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

C. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (10- 02, Amended, 02/02/2010)

12.08.200 Water waste prevention.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) A. The city shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots or structures.

Penalties for violations of these prohibitions shall be established by city council resolution.

B. Restrictions regarding overspray and runoff may be modified if:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. The adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping. (10-02, Amended, 02/02/2010)

12.08.210 Appendices.

Appendices follow.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Appendix A
Landscape Documentation Package Submittal Checklist

1. City of Hanford Building Permit Application Form

2. Four (4) complete sets of drawings and documentation

3. Project information

4. Water Efficient Landscape Worksheet

5. Soil Management Report

6. Landscape Design Plan

7. Irrigation Design Plan

8. Grading Plan

9. All documents are signed per the Landscape Ordinance requirements

10. A Plan Review deposit (amount per the Fee Schedule)

11. This Landscape Documentation Package Submittal Checklist

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Appendix B
Sample Water Efficient Landscape Worksheet

WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and is a requirement of the Landscape Documentation Package.

Please complete all sections (A and B) of the worksheet.

SECTION A. HYDROZONE INFORMATION TABLE
Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the square footage of landscape area per hydrozone.

Hydrozone* Zone or Value Irrigation Method** Area (Sq. Ft.) % of Landscape Area

Total 100%

*Hydrozone **Irrigation Method
HW = High Water Use Plants MS = Micro-spray
MW = Moderate Water Use Plants S = Spray
LW = Low Water Use Plants R = Rotor
B = Bubbler
D = Drip
O = Other

SECTION B. WATER BUDGET CALCULATIONS
Section B1. Maximum Applied Water Allowance (MAWA)
The project’s Maximum Applied Water Allowance shall be calculated using this equation:

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
where:

MAWA = Maximum Applied Water Allowance (gallons per year)

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) ETo = Annual Evapotranspiration (for Hanford is 51.5 inches per year)

0.7 = ET Adjustment Factor (ETAF)
LA = Landscaped Area includes Special Landscape Area (square feet)

0.62 = Conversion factor (to gallons per square foot)
SLA = Portion of the landscape area identified as Special Landscape Area (square feet)

0.3 = the additional ET Adjustment Factor for Special Landscape Area (1.0 – 0.7 = 0.3)

Maximum Applied Water Allowance = ___________ gallons per year Show calculations:

Section B2. Estimated Total Water Use (ETWU)
The project’s Estimated Total Water Use is calculated using the following formula:

ETWU = (ETo)(0.62)

where:

ETWU = Estimated total water use per year (gallons per year) ETo = Annual Evapotranspiration (for Hanford, 51.5 inches per year) PF = Plant Factor from WUCOLS (see Definitions)
HA = Hydrozone Area (high, medium and low water use areas) (square feet) SLA = Special Landscape Area (square feet)

0.62 = Conversion Factor (to gallons per square foot)
IE = Irrigation Efficiency (minimum 0.71)

Hydrozone Table for Calculating ETWU
Please complete the hydrozone table(s). Use as many tables as necessary.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

Hydrozone Plant Water Use
Type(s)
Plant Factor
(PF)
Area (HA)
(square feet)
PF x HA
(square feet)

Sum
SLA

Estimated Total Water Use = ____________________ gallons

Show calculations:

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Appendix C
Sample Certificate of Completion

CERTIFICATE OF COMPLETION
This certificate is filled out by the project applicant upon completion of the landscape project.

PART 1. PROJECT INFORMATION SHEET

Date
Project Name
Name of Project Applicant Telephone No.

Fax No.

Title Email Address
Company Street Address
City State Zip Code

Project Address and Location:

Street Address Parcel, tract, or lot number, if available City Latitude/Longitude (optional)
State Zip Code

Property Owner or his/her designee:

Name Telephone No.

Fax No.

Title Email Address
Company Street Address
City State Zip Code

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Property Owner
“I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule.”

________________________________________________________________ Property Owner Signature Date

Please answer the questions below:

1. Date the Landscape Documentation Package was submitted to the City __________

2. Date the Landscape Documentation Package was approved by the City __________

3. Date that a copy of the Water Efficient Landscape Worksheet (includ ing the Water Budget Calculation) was submitted to the City ___________

PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE

DOCUMENTATION PACKAGE

“I/we certify that, based upon periodic site observations, the work has been substantially co mpleted in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package.”

Signature* Date
Name (Print) Telephone No.

Name of Project Applicant Fax No.

Email Address
License No. or Certification No.

Company Street Address
City State Zip Code
* Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor

PART 3. IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller per ordinance Section 12.08.120.

PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 12.08.130.

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

PART 5. LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report per ordinance Section 12.08.140.

PART 6. SOIL MANAGEMENT REPORT
Attach soil analysis report if not previously submitted with the Landscape Documentation Package per ordinance Section 12.08.070.

Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 12.08.070.

(Ord. 10-02, 2010)

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Attachment: Draft code, Chapter 12.08 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Exhibit C

Chapter 2.48 PURCHASING SYSTEM

2.48.010 General.

Except as otherwise provided by state law and except as to public works projects, the Director of Finance shall be the officer in charge of the purchasing function and shall have the general responsibility for purchases of supplies and services for the use of all departments of the city. (Ord. 95-29 § 1, 1995; prior code § 2-5.01)

2.48.020 Duties and responsibilities.

A. Upon the receipt of a properly prepared purchase order and, provided the total purchase price of the services or supplies identified in the purchase order is fifty thousand dollars ($50,000.00) or less, and so long as budgeted funds are available, the Director of Finance is authorized to order the services or supplies identified in the purchase order.

B. It shall be the duty of each department to use its best efforts to secure the lowest price for such services and supplies. The department may request bids from vendors, either verbally or in writing, or may give notice to vendors by one publication in a newspaper published in the city. In all cases, the city shall have the right to determine whether the bids from the vendors for the supplies or services requested actually meet announced specific ations. The city shall have the right to waive any minor informality or minor irregularly in a bid. (Ord. 95-29 § 1, 1995; prior code § 2-5.03) (06-11, Amended, 12/05/2006) C. The City Manager shall be the officer in charge to approve a Purchasing Policy for the City that outlines, in detail, processes of procurement for the City as prepared by the Director of Finance that adheres to thresholds and requirements as set by Council in Chapter 2.48.

2.48.030 Department requisitions.

Whenever any department requests the purchase of supplies or services, it shall file with the Director of Finance a department requisition on a form provided by the Director of Finance . All department requisitions shall bear the approving signature of the department head or his/her designated representative and shall specifically describe the services or supp lies and the kind and quantity desired. A department requisition may also specify the brand or make of the supplies to be purchased. (Ord. 95-29 § 1, 1995; prior code § 2-5.03).

2.48.35 Recovered Organic Waste and Recycled-Content Paper.

A. As required by 14 CCR, Division 7, Chapter 12, Article 12, all City departments, and direct service providers to the City, as applicable, must comply with the requirements of this section.

B. All vendors providing Paper Products and Printing and Writing Paper shall:

(1) If fitness and quality are equal, provide Recycled -Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non -recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same cost as non-recycled items.

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Attachment: Draft code, Chapter 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Comm ission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer m aterial in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printi ng and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(5) Provide records to the City’s Recovered Organic Waste Product procure ment record keeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in this Section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non -recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled -Content Paper Products or Printing and Writing Papers were not provided

2.48.040 City purchase orders.

A. When the City intends to make a purchase, a city purchase order shall be issued (in accordance with City Purchasing Policy) , which shall be addressed to the supplier, dated and numbered, and which shall specify the supplies or services to be purchased, the price, and the place or to whom the delivery of the supplies shall be made or for whom the services shall be rendered.

B. A copy of the city purchase order shall be delivered to the supplier, and the receiving copy shall be delivered to the department making the purchase. Upon the receipt of the services or supplies specified, a representative of the department head making the purchase shall acknowledge the receipt of supplies or services.

C. Any city employee who signs an acknowledgement of receipt shall have personal knowledge of what was received by examining such supplies or observing the rendering of such services and shall not accept supplies or services which do not meet the specifications identified in the city purchase order. (Ord. 95-29 § 1, 1995; prior code § 2-5.04)

2.48.050 Purchase of fifty thousand dollars or less—Open market procedure.

A. The purchase of supplies or services of an estimated value in the amount of fifty thousand dollars ($50,000.00) or less may be made in the open market without prior authorization from the Council.

B. Each purchase shall be based on at least three (3) quotations or bids, whenever possible, obtained by the department initiating the purchase. Purchases will be made from the lowest responsive qualified

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Attachment: Draft code, Chapter 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) bidder. The purchase of some services may be selected from the highest qualified vendor with costs as a secondary factor or as required by state or federal law.

C. Each department may solicit bids in the manner described in subsection (B) of Section 2.48.020 of the chapter. The City shall keep a record of all quotations and bids submitted for a period of one year from the date of the bid. (Ord. 95-29 § 1, 1995; prior code § 2-5.05) (06-11, Amended, 12/05/2006)

2.48.060 Purchases exceeding fifty thousand dollars.

Purchases exceeding fifty thousand dollars ($50,000.00) may be made either on an informal basis or on a formal competitive basis as identified below. In either case, however, the decision as to the acceptance or rejection of any bid shall be the responsibility of the Council.

A. Informal Basis. The procedure for purchases on an informal basis shall be in accordance with the provisions of subsections B. and C. of Section 2.48.050 of the chapter with subsequent acceptance or rejection by the Council of any bids received.

B. Formal Competitive Basis. To the extent consistent with state or federal law, if applicable, the procedure for purchases on a formal competitive basis shall be as follows:

1. A notice inviting bids shall be published in a newspaper of general circulation within the city by one or more insertions, the first of which shall be at least seven (7) days before the date for opening bids.

2. The notice inviting bids shall identify the amount of the bid security which must accompany the bid proposal. Bidders shall be entitled to the return of bid security provided, however , a successful bidder shall forfeit its bid security upon its refusal or failure to execute the city’s contract for the purchase of the services or supplies within ten (10) days after the award of the bid has been approved by the Council. The Council may, on refusal or failure of the successful bidder to execute the City’s contract, award the contract to the next lowest responsible bidder. If the Council awards the contract to the next lowest bidder, the amount of the lowest bidder’s bid security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

3. All bids shall be delivered in a sealed envelope to the Director of Finance, or his/her designated representative, no later than the designated time for the opening of bids as identified in the notice inviting bids. The Director of Finance shall be custodian of such bids, and shall keep the same confidential until they are opened and declared.

4. All bids received shall be publicly opened and declared at the time and at the place identified in the notice inviting bids.

5. Thereafter, the bids shall be tabulated and analyzed by the city and presented to the City Council for award in accordance with this chapter. In some instances, City Council may preauthorize purchases and the City Manager may award if the contract is under the previously authorized City Council authorization.

6. The Council shall have the right to waive any minor informality or minor irregularity in a bid.

7. Contracts awarded by the Council shall be awarded to the lowest responsible bidder, except as otherwise provided in this chapter.

8. In its discretion, the Council may reject all bids presented. The Council may then readvertise for bids or authorize the department making the purchase to proceed with the purchase of the supplies or services on an informal basis pursuant to subsection A of this section, subject to final approval of the purchase by the Council.

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Attachment: Draft code, Chapter 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))

9. The city may require that any person or entity who may provide services to the city post a performance bond with the city prior to the city’s execution of the city contract for the services, in such an amount as the Council may find reasonably necessary to protect the interests of the city. If the Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

10. The provisions of this section shall not apply to work performed by the city with its own personnel and/or equipment or to materials, supplies or equipment obtained or purchased from any other governmental agency. (06-11, Amended, 12/05/2006; 95-29 § 1, 1995; prior code § 2-5.06)

2.48.070 Preference for local vendors.

The use of vendors who have a fixed business location within the city limits provides certain benefits to the city and its citizens, including, without limitation, the following:

A. Receipt of sales tax revenue from sales made within the city limits; B. Cost savings resulting from local maintenance, repair, pick-up and delivery; C. Use of the local labor force.

Therefore, the city may allow the following preferences to vendors having a fixed business location within the city limits.

If the city receives two (2) or more bids, with all factors being equal except price, an adj ustment of five percent (5%) of the quoted price may be afforded to the vendor having a fixed business location within the city limits. (Ord. 20-10 § 1, 2020; 95-29 § 1, 1995; prior code § 2-5.07)

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Attachment: Draft code, Chapter 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing)) Public Works, 559-585-2550  900 S. 10th Ave., Hanford, CA 93230

Subject: Amended Hanford Municipal Code, Chapter 13: Solid Waste Collection and Disposal

This notification letter is to advise you that Chapter 13 of the City of Hanford Municipal Code dealing with Solid Waste Collection and Disposal, has re cently been amended. As a solid waste hauler potentially doing business within the City of Hanford, the amendments could directly affect you.

First and foremost, if you currently collect solid waste within the City of Hanford, you are required to obtain a Hauler Permit within 90 days. New Haulers within the City must obtain a permit before commencing operations within the City. The permit is free of charge and is intended to assist the City in gauging compliance with various State recycling and divers ion laws and regulations.

Quarterly reports to City indicating volume of organic waste, recyclables, and refuse collected is required.

Enclosed is the Hauler Permit application, a sample quarterly reporting form, and the text of the relevant portion of t he amended Municipal Code. It is our intent to make the process as easy as possible while still collecting the necessary information to determine compliance with applicable laws and regulations.

Please note that a current Hanford Business License is requ ired, as is applicable Certificates of Insurance for vehicle, general liability, and Worker’s Compensation. Please provide copies of each of these documents along with your Hauler Permit application.

As stated in the Municipal Code, if you are a current Hauler doing business within the City of Hanford, your application must be received within 90 days of the date of this letter or your ability to provide solid waste service within the City of Hanford will be revoked. Failure to abide by the conditions sta ted in the Municipal Code, including submittal of quarterly reports, is grounds for revocation of your permit.

Thank you for your cooperation and feel free to contact me if you have any questions.

Jim Ross
Deputy Public Works Director
[email protected]
559-585-2567
City of H A N F O R D
CA LI FO R NI A 9 3 2 30
CI TY O FFI CE S 31 9 N OR TH D O U TY STR E E T

MAYOR
Kalish Morrow

VICE-MAYOR
Diane Sharp

COUNCIL MEMBERS

AMANDA SALTRAY

FRANCISCO RAMIREZ

ARTHUR BRIENO

C I T Y M A N AG ER

MARIO CIFUENTEZ

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Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08

Application for Permitted Hauler
For authorization to provide
Solid waste service
City of Hanford

COMPANY’S NAME:________________________________________________

PERSON REQUESTING PERMIT:_____________________________________

BUSINESS ADDRESS:_______________________________________________

CITY, STATE, ZIP:__________________________________________________

PHONE NUMBER:___________________FAX NUMBER:_________________

EMAIL ADDRESS:__________________________________________________

City of Hanford BUSINESS LICENSE NUMBER:___________________________________

You must include a Certificate of Insurance for each policy listed below:

Vehicle Insurance
General Liability Insurance
Worker’s Compensation Insurance

PERMITEE HAS RECEIVED A COPY OF REVISED ORDINANCE 8.28.120 & 8.28.130

SIGNATURE:____________________________ DATE:___________________

PRINTED NAME:__________________________________________________

CITY USE

PERMIT ISSUE DATE:________________ EXPIRATION DATE:____________

City of H A N F O R D
CA LI FO R NI A 9 3 2 30
P U BLI C WO R KS 90 0 S. 1 0 TH A V E .

MAYOR
Kalish Morrow

VICE-MAYOR
Diane Sharp

COUNCIL MEMBERS

AMANDA SALTRAY

FRANCISCO RAMIREZ

ARTHUR BRIENO

C I T Y M A N AG ER

MARIO CIFUENTEZ

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Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08

13.12.110 Requirements for Haulers

A. Permit required: Persons seeking to engage in the collection, transport, or disposal of solid waste material generated in or located within the Hanford City limits shall obtain a Hauler Permit from the City prior to commencing such activities. This includes, but is not limited to, persons providing roll off services, landscapers and/or arborists that remove lawn trimmings and waste from customer’s premises, commercial compactor haulers, and the like. Persons solely providing refuse bin service to construction sites need not obtain a separate Hauler Permit, though compliance with the requirements of this Chapter and City’s C&D rules shall be required as a condition of the issuance of a building permit.

1. Haulers operating within the City of Hanford prior to the adoptio n of this Chapter shall be allowed to continue operations, but must obtain a Hauler Permit within three (3) months of adoption of this Chapter.

B. Permitted Haulers providing residential, commercial, or industrial waste collection services to generators with in the City boundaries shall meet the following requirements and standards as a condition of permit approval.

1. All solid waste generated or located within the City limits, including but not limited to Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and grey container waste, shall be transported to KWRA’s facility.

2. Through written notice to the City provided on or before the first day of February, May, August, and November of each year, Permitted Haulers shall provide th e following information to City:
a. The name, address and telephone number of the person, firm or corporation conducting the solid waste collection and/or processing; b. City permit number;
c. The type of solid waste collected and/or processed;
d. Total tonnage of solid waste collected or received for processing during that respective quarter;
e. Type of and tonnage of recyclables collected, received and processed; f. Tonnage of Organic waste collected, received and processed; and g. Destination for disposal of all solid waste streams.

13.12.120 Permits—Termination—Notices—Appeals.

A. Any hauler permit issued pursuant to this Chapter shall be valid for a period not to exceed two (2) years.

B. The solid waste superintendent may terminate any permit issued pursuant to this Chapter on ninety (90) days’ written notice to the permittee when:

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Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08

1. In the judgment of the solid waste superintendent, such services can be performed with the City’s regular equipment; or

2. In the judgment of the solid waste superintendent, the disposal of such accumulations is interfering with the City’s disposal of solid waste in accordance with the provisions of this Chapter; or

3. The permittee fails to submit the q uarterly report of solid waste processed as provided in Section 13.12.110(B)(2); or

4. The permittee fails to comply with the requirement to transport solid waste material located or generated within the Hanford City limits to KWRA;

5. The permittee fails to comply with KWRA disposal requirements; or

6. The permittee fails to violates any laws, ordinances, or regulations governing the disposal of waste.

D. Any permittee who has received a notice of termination may appeal the termination to the City Manager within ten days of the date of the notice of termination. The appeal shall be in the form of a written notice filed with the City clerk and signed by the permittee. The notice shall state clearly and concisely the reasons upon which the appellant relies for his/her appeal. The City clerk shall set the matter for hearing before the City Manager within thirty (30) days after the notice of appea l is filed, and shall notify the appellant by certified mail, postage prepaid, return receipt requested, of the date of hearing at least ten days before the hearing by the City Manager. At the hearing, the appellant shall have the burden of establishing to the satisfaction of the City Manager that it is entitled to relief, or otherwise the termination shall stand. The determination of the City Manager shall be final and conclusive upon the permittee. (Prior code § 6-3.205)

13.12.130 Permits not assignable.

Any permit issued pursuant to Sections 13.12.110 shall be personal to the permittee and shall not be assignable. Any attempted assignment of such permit shall resul t in immediate termination of such permit. (Prior code § 6-3.206)

13.12.140 Business licenses required.

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Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 Business Name:

Reporting Period
Collection Collection Bin size Refuse Recyclables Organics Other Other Date Address Size (cu.yd.) Tons Tons Tons Specify type Tons 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 Page Totals
Contact Name and Signature: Date:

City of Hanford
Quarterly tonnage Report

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Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), Public Works, 559-585-2550  900 S. 10th Ave., Hanford, CA 93230

Subject: Amended Hanford Municipal Code, Chapter 13: Solid Waste Collection and Disposal

Quarterly reports to City indicating volume of organic waste, recyclables, and refuse collected is required.

Thank you for your cooperation and feel free to contact me if you have any questions.

Jim Ross
Deputy Public Works Director
[email protected]
559-585-2567
City of H A N F O R D
CA LI FO R NI A 9 3 2 30
CI TY O FFI CE S 31 9 N OR TH D O U TY STR E E T

MAYOR
Kalish Morrow

VICE-MAYOR
Diane Sharp

COUNCIL MEMBERS

AMANDA SALTRAY

FRANCISCO RAMIREZ

ARTHUR BRIENO

C I T Y M A N AG ER

MARIO CIFUENTEZ

15.A.f
Packet Pg. 137
Attachment: Hauler permit application, all forms (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08