June 7, 2022
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.
4:00 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 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.
STUDY SESSION :
A. Review of the Council's Adopted Goal for Parks in the City of Hanford and discussion related Measurable Objectives for FY 22/23 and Funding options
B. Presentation of the Fiscal Year 2021 Audited Financial Statements for the City of Hanford from the City's independent external auditors Hudson, Henderson & Company, Inc. Certified Public Accountants.
CLOSED SESSION FOR THE DISCUSSION OF THE FOLLOWING:
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/
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (GC 54956.9 (d)(2)):
Workers Compensation Claim
B. CONFERENCE WITH LEGAL COUNSEL-LABOR NEGOTIATIONS (GC 54957.6):
Agency Designated Representatives: C he Johnson, Mario Cifuentez, Sarah Cardoza, Chris Tavarez, and Brenda Garcia.
Employee Organizations: Hanford Police Officers Association (POA); Hanford Firefighters; Local 3898 (IAFF); Hanford General Employees Management Association (G EMA); Service Employees International Union Local 521 (SEIU); and Executive Management Employees Association (EMEA).
C. CONFERENCE WITH LEGAL COUNSEL-EXISITING LITIGATION (GC 54956.9 (d)(1)):
Darlene Mata v. City of Hanford
Kings County Case No. 22C0077
CALL TO ORDER REGULAR SESSION:
ROLL CALL:
INVOCATION:
Pastor Peter Anderson
FLAG SALUTE:
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:
This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.
B. City Clerk: Denial of a claim for damages and authorization for the City Cler k to send out notification of such to Manuel Salazar
C. City Clerk: Approval of the Minutes of the December 21, 2021 Meeting D. City Clerk: Approval of the Minutes of the January 18, 2022 Meeting E. City Clerk: Adoption of Resolution 22 -23-R Calling for the holding of a Gen eral Municipal Election to be held on November 8, 2022 and requesting the Kings County Board of Supervisors to consolidate with the Statewide General Election.
F. Fire: Second reading and Adoption of Ordinance No. 22 -01, Amending most sections of Chapter
8.11 of the Hanford Municipal Code ILLEGAL FIREWORKS to update definitions, abatement procedures, penalties and re-identify the Hearing
G. Fire: Approval of the award of the 2021 Sta te Homeland Security Grant Program (SHSGP) funding, in the amount of $28,00 0 for the Hanford Fire Department, and Authorization to utilize the funding to Purchase Base Station and Apparatus Mobile Radios.
H. Fire: Approval of the award of the 2020 State Ho meland Security Grant Program (SHSGP) funding, in the amount of $25,650 for the Hanford Fire Department, and Authorization to utilize the funding to Purchase Portable Radios.
I. Public Works: Authorization to reject a previously approved Contract with Rob ert Marks Plumbing and Re-Advertise the Civic Auditorium Sewer Main Replacement Project J. Public Works: Adoption 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.
K. Public Works: Acceptance of Public Grant of Easement from Implacable Properties, LLC, dated May 6, 2022 for a 20’ wide Sanitary Sewer Easement for Tract 865, Unit 2.
L. Public Works: Approval of the Final Map and Subdivision Agreement for Tract No. 928, Unit No. 3, with San Joaquin Valley Homes, and acceptance of all easements and dedications offered for public use and adoption of Resol ution 22 -24-R restructuring properties within Assessment District No. 20 -01 (District Restructure No. 20 -01-B) (Southeast corner of Fargo Avenue and Centennial Drive)
GENERAL BUSINESS:
A. City Attorney: Introduction of Ordinance No. 22 -07, an Amendment of the City of Hanford's Water Service Discontinuation Policy
B. City Attorney: Re-approval of Farley Law Firm Retainer Agreement C. Finance: Approval of an additional Appropriation of $3,361,645 in the GF and $8,016,639 across all Other Funds for the 2022 -23 Fiscal Year Budget and the addition of three (3) allocated positions to the position control budget, one (1) to the salary schedule.
COUNCIL FUTURE AGENDA ITEMS:
At this time, any Council Member may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Pol icies and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2) Council Future Agenda Items
Upcoming Events and Important Dates:
June 6-August 5: Parks and Community Services Summer Day Camp https://www.cityofhanfordca.com/departments/parks_and_recreation/spring_day_camp.php June 9-12: Kings County Fair, Kings County Fair Grounds June 15: Hanford Chamber of Commerce Mega Mixer 4:00 pm – 6:00 pm June 21: Regular City Council Meeting
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: A
SUBJECT:
Review of the Council's Adopted Goal for Parks in the City of Hanford and discussion related Measurable Objectives for FY 22/23 and Funding options
RECOMMENDATION:
The Council receives the presentation and arrives at a consensus on the measurable objectives to further Goal for Parks for FY 22/23.
BACKGROUND:
During March 29, 2022, Goals and Objectives meeting, Council adopted a revised goal regarding parks and community services. The revised plan is as follows:
"Council will value the important role of parks in helping to achieve improved quality of living for all citizens."
In alignment with this goal, the staff would propose four measurable objectives be completed within Fiscal Year 22/23. The four objectives include:
· Hidden Valley Park Renovation and Expansion
· Revised design standards for new development parks
· Completed design and final cost estimates for the new Heroes Park · Council support and consensus on long-range finance strategies aligned with the 2020 Parks and Recreation Master Plan.
During this study session, Staff will seek input from Council and determine if there is a consensus to move forward with these objectives or to substitute any with other Council supported objectives.
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Hidden Valley Park Renovation and Expansion
The City-owned vacant 18 Acres adjacent to Hidden Valley Park have been an ongoing debate within the community for many years. Based on Council's recent direction to move forward with a General Plan Amendment to re-zone the property to open space, the need to move this project forward has been accelerated.
The staff proposes to begin the initial planning process by scheduling three community-based planning meetings and an online survey to determine which recreation features and major support amenities are most requested by those living within a one-mile radius.
Direct mail postcards, social media, and press releases will notify the community of these meetings. The community-based planning results, conceptual drawings, and cost estimates will be presented to Council for consideration.
Revised design standards for new mini (pocket), and neighborhood parks The need to update and modify the design standards of mini (pocket) and neighborhood parks is needed to ensure the level of recreation features, and support amenities meet the needs of the residents within or adjacent to planned residential development single-family or multiple-family.
Staff proposes analyzing park standards within comparable Central Valley cities to determine common design standards. Once the analysis is completed, the proposed and revised standards will be presented to the Parks and Recreation Commission for comment and adoption. The proposed park standards will be presented to Council for consideration based on the Commission's input.
Finalize acquisition, complete design, and final cost estimates for the new Heroes Park The acquisition of 40-Acres for the new Heroes Park is currently in-progress. The preliminary Title, property survey, and legal description have been completed, and the property appraisal will be completed within the next two weeks. A draft Sale of Purchase and Escrow Instructions are currently being negotiated with the property owner.
The Request for Proposals for professional architectural and engineering services will be released by early June, with proposals due by mid-July. The expected length of time required for design is nine months. Phase one of the environmental review will be conducted concurrently and is expected to be completed within 60 days.
Council support and consensus on long-range finance strategies aligned with the 2020 Parks and Recreation Master Plan
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On November 16, 2021, Council approved the submittal of a Request for Technical Assistance letter to the Trust for Public Land (TPL) in connection with our efforts to finance parks, trails, open space, and recreation priorities.
TPL is a non-profit organization founded in 1972. Its mission is to create parks and protect land for people, ensuring healthy, livable communities for generations to come. TPL works with cities, states, counties, and districts to pass ballot measures to create and unlock public funding for parks and open space. Since 1996, TPL has been involved in more than 600 successful ballot measures and dozens of statewide legislative campaigns creating more than $84 million in funding for parks, restoration, and land conservation projects nationwide. In the recent November election, TPL successfully passed 26 out of 26 park and open space ballot measures.
Working in partnership with TPL staff David Weinstein, Western Conservation Finance Director, and Jessica Welch, Senior Conservation Research Analyst, the draft Feasibility Study was created and sent for review and comments by the City Manager and the Parks and Community Services Director.
In April, the TPL provided the Public Finance Feasibility Study (attached), exploring public funding options to support parks, improvements, and recreation amenities). The feasibility study includes an overview of existing park and recreation programs, governance, funding, and community background. Next, the report analyzes possible alternatives for funding parks and recreation facilities., including the authority for their use and revenue raising-capacity. Finally, since most revenue options require approval by voters, this report provides pertinent election information, such as voter turnout history and election results for local finance measures.
FISCAL IMPACT:
ATTACHMENTS:
Hanford CA Feasibility Study 050622
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Hanford, California
Public Finance Feasibility Study
May 2022
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
2 | The Trust for Public Land | Conservation Finance Department
Copyright © May 2022, The Trust for Public Land. All rights reserved.
Cover photo: Annie Bang.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 3 Table of Contents
Introduction 4
Executive Summary 5
Overview 6
Governance ..........................................................................................................6 Demographics ......................................................................................................7 Finances ...............................................................................................................7 Parks and Recreation Master Plan 2020 ............................................................ 10 ParkServe .......................................................................................................... 12 Choosing a Local Funding Strategy 14
Public Finance Options in California................................................................... 14 Public Finance Options for Hanford 16
Bonds ................................................................................................................. 16 Community Facilities Districts ............................................................................ 18 Coronavirus State and Local Fiscal Recovery Funds ......................................... 22 Parcel Tax .......................................................................................................... 23 Park Impact Fees ............................................................................................... 24 Sales Tax ........................................................................................................... 25 General Ballot Measure Requirements 28
Ballot Language ................................................................................................. 29 Election Analysis 31
Election Results History ..................................................................................... 31 Voter Registration and Turnout .......................................................................... 32 Upcoming Elections............................................................................................ 32 Appendix A: Additional Information about General and Special Taxes33 Appendix B: How to Count Words 35
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
4 | The Trust for Public Land | Conservation Finance Department Introduction
The Trust for Public Land (TPL) has been connecting communities to the outdoors, and to each other, since our founding in 1972. Our mission is to create parks and protect land for people, ensuring healthy, livable communities for generations to come. TPL has protected more than three million acres and completed 5,200 urban park and land and water conservation projects nationwide.
To help public agencies acquire land, build and improve parks, and fund park maintenance, TPL assists communities in securing public financing. TPL’s conservation finance program offers technical assistance to elected officials, public agencies and community groups to design, pass and implement public funding measures that reflect popular priorities. Since 1996, TPL has been involved in more than 600 successful ballot measures and dozens of statewide legislative campaigns creating more than $84 billion in new funding for parks, restoration, and land conservation across the nation. Voters have approved 83 percent of the ballot measures directed and supported by the Trust for Public Land.
Given the substantial investment of time and resources required for a successful local finance initiative, preliminary research is essential to determine which options and funding levels are feasible, economically prudent, and likely to be publicly acceptable. This research provides a stand-alone, fact-based reference document that can be used to evaluate financing mechanisms from an objective vantage point. 1 1 The contents of this report are based on the best available information at the time of research and drafting, January-March 2022.
This feasibility study is not a legal document and should not be relied upon for legal purposes.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 5 Executive Summary
At the request of the City of Hanford, the Trust for Public Land has undertaken a feasibility analysis to explore public funding options to support parks improvements and recreational amenities. In order to understand what would be an appropriate funding source or sources, this report first provides a brief overview of existing park and recreation programs, governance, and funding as well as some background about the community. Next, the report analyzes possible alternatives for funding parks and recreation facilities, including the authority for their use and revenue raising-capacity. Finally, since most revenue options require approval by voters, this report provides pertinent election information, such as voter turnout history and election results for local finance measures.
In California, local government funding for parks and recreation most often takes the form of budget appropriations, special taxes, general obligation bonds, local sales taxes, and park impact fees. This study focuses on the options that present the best opportunities for financing in the City of Hanford, which are as follows (in alphabetical order):
• Bonds: To raise funds for capital improvements, such as land acquisition or building construction, counties, cities and districts may issue bonds. For example, a $10 million bond would add about $544,000 to the city’s annual debt service and would cost approximately $26 per year for the median homeowner over the life of the bond (30 years). Federal regulations governing the issuance of tax-exempt bonds limit the use of proceeds to capital purposes. Approval by 2/3rds of voters is required.
• Community Facilities Districts: The city could consider creating community facilities districts.
These districts could levy taxes and issue bonds, subject to voter approval. All special district taxes require approval by 2/3rds of voters.
• Coronavirus State and Local Fiscal Recovery Funds: Hanford’s allocation from CSLFRF is $13,077,740. Some of this funding could be used for parks in the city. The City Council would need to appropriate the funds to parks.
• Parcel Tax: Hanford could consider a parcel tax for parks. A parcel tax of $30 per parcel per year would generate more than $597,000 annually. Parcel taxes are special taxes and must be approved by 2/3rds of voters.
• Park Impact Fees: Hanford should continue updating its impact fees annually and consider including commercial and industrial development in the calculations. The city should also ensure its impact fees are accounting for the expected growth and the goals included in the 2020 Parks Master Plan.
• Sales Tax: Hanford could consider adopting a local sales tax for parks. For examp le, a quarter- cent (0.25 percent) sales tax would generate more than $2.7 million per year and cost the median household $36 per year. Spending by residents would account for 24 percent of the revenues; the remaining 76 percent would come from visitor and business spending. Voter approval is required – a majority for a general tax, and 2/3rds for a special tax dedicated to parks.
Next steps should include selecting the funding option(s) that best matches the fiscal needs and political realities in the city and testing voter attitudes toward a specific funding proposal(s). The Trust for Public Land recommends conducting a public opinion survey that tests ballot language, tax tolerance, and program priorities of voters in Hanford.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
6 | The Trust for Public Land | Conservation Finance Department Overview
Hanford is a commercial and cultural center in the south-central San Joaquin Valley and the county seat of Kings County, California. Incorporated in 1891, Hanford has steadily flourished into a community of more than 59,000 citizens. Hanford is proud of its small-town charm and rich history, and offers its residents a high quality of living along with larger-city amenities.2 Hanford is located 30 miles south of Fresno and 20 miles west of Visalia. Hanford is located in the northern portion of Kings County at an elevation of 249 feet above sea level. The city has a total area of
16.6 square miles, all of which is land not covered by water. The terrain is level. The only natural watercourse is Mussel Slough, remnants of which still exist on the city's western edge. The Kings Ri ver is about 6.5 miles north of Hanford. The People's Ditch, an irrigation canal dug in the 1870s, traverses Hanford from north to south.
The San Joaquin Valley has remained predominantly an agricultural area since the 1850s. It is considered one of the most important agricultural regions in the world due to its unique combination of soils and Mediterranean climate that can grow a wide variety of nuts, fruits, vegetables, and cotton. Kings County’s farms generate over $1 billion a year in commercial crop production. Kings County is ranked as the 8
th leading agricultural county in California and 25th in the nation, and is in the top 15 milk -producing counties in the nation. Kings County shares boundaries with the top four agricultural counties in the state, Fresno, Tulare, Monterey, and Kern, and is ranked lower than them only because of its smaller size.
There are four incorporated cities within Kings County. They are Avenal, Corcoran, Hanford, and Lemoore. Hanford is the largest of the four cities, both in physical size and population. The Naval Air Station Lemoore is located 16 miles west of Hanford. Santa Rosa Rancheria, the reservation of the Santa Rosa Indian Community and the site of the Tachi Palace Hotel & Casino, is located 8 miles southwest of Hanford.
3 Governance
Members of the Hanford City Council are selected directly by the electorate to serve as the policy making board of the city. The city council is comprised of five members elected by district and serve 4-year staggered terms. Each year the city council members select a mayor and vice-mayor from amongst themselves.
4 2 https://www.cityofhanfordca.com/residents/about_hanford/index.php 3 2034 General Plan Background Report, City of Hanford
4 https://www.cityofhanfordca.com/government/city_council/index.php Hanford City Council
Name District Term Expires
Kalish Morrow Mayor, District B 2024
Diane Sharp Vice Mayor, District C 2024
Amanda Saltray District A 2022
Francisco Ramirez District D 2022
Art Brieno District E 2022
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 7 Demographics
Hanford Demographics
Population Note Hanford Kings County California
Population, Census, April 1, 2020 57,990 152,486 39,538,223 Population, Census, April 1, 2010 53,967 152,982 37,253,956 Population, percent change 7.45% -0.32% 6.13%
Race and Hispanic Origin
White alone, percent 74.30% 80.80% 71.90%
Black or African American alone, percent (a) 5.40% 7.50% 6.50% American Indian and Alaska Native alone, percent (a) 1.30% 3.20% 1.60% Asian alone, percent (a) 4.70% 4.40% 15.50%
Native Hawaiian and Other Pacific Islander alone, percent (a) 0.30% 0.40% 0.50% Two or More Races, percent 4.80% 3.70% 4.00%
Hispanic or Latino, percent (b) 50.40% 55.30% 39.40%
White alone, not Hispanic or Latino, percent 35.90% 31.30% 36.50% Housing
Owner-occupied housing unit rate, 2015-2019 57.00% 52.30% 54.80% Median value of owner-occupied housing units, 2015-2019 $221,300 $215,900 $505,000 Median gross rent, 2015-2019 $992 $990 $1,503
Families & Living Arrangements
Households, 2015-2019 18,777 43,452 13,044,266
Language other than English spoken at home, percent of persons age 5 years+, 2015-2019 37.00% 41.50% 44.20%
Education
High school graduate or higher, percent of persons age 25 years+, 2015- 2019 80.00% 73.40% 83.30%
Bachelor's degree or higher, percent of persons age 25 years+, 2015-2019 19.20% 14.70% 33.90% Health
With a disability, under age 65 years, percent, 2015-2019 9.30% 8.60% 6.70% Persons without health insurance, under age 65 years, percent 7.10% 9.40% 8.90% Income & Poverty
Median household income (in 2019 dollars), 2015-2019 $62,413 $57,848 $75,235 Per capita income in past 12 months (in 2019 dollars), 2015-2019 $27,379 $22,373 $36,955 Persons in poverty, percent 15.30% 14.50% 11.50%
Source: US Census Quickfacts
Fact Notes: (a) Includes persons reporting only one race (b) Hispanics may be of any race, so also are included in applicable race categories
Finances
The 2021-2023 Biennial Budget is comprised of all city funds, including the General Fund, Special Revenue Funds, Capital Funds, Enterprise Funds and Internal Service Funds. The overall proposed budget for FY 2021/2022 is $81,636,204 million and $86,087,050 million in FY 2022/2023.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
8 | The Trust for Public Land | Conservation Finance Department
The city’s primary and largest fund is the General Fund, which supports general municipal services such as police, fire, streets, parks and community services. After a great deal of work by staff in response to a projected deficit, the operating budget for the General Fund is now projected to have balanced budgets in FY 2021/2022 and FY 2022/2023. Projected deficits were balanced by reducing non- essential expenditures, deferring capital replacements and by not increasing personnel or programs unless offset by new revenues or expense reductions. The city’s budget includes all allocated positions and assumes no vacancies. The total proposed General Fund budget for FY 2021/2022 is $39.3 million and FY 2022/2023 is $38.5 million. The Parks Department accounts for approximately 1 percent of revenues and 12 percent of expenditures (including capital outlay) in each fiscal year.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 9
In addition to the economic impact of the COVID-19 pandemic and some loss of revenues for the city, there are ongoing challenges such as deferred capital improvement needs, increasing labor costs, retirement costs, and liabilities that continue to compete with the priorities and needs of the community.
The City’s Capital Improvement Program (CIP) consists of a five-year plan with the first two years being appropriated with the recommended biennial budget. The projects recommended have been reviewed by City Council and committees and commission. While there are many projects needed and summarized in the CIP document, many projects will be deferred to later years until funding can be identified. The total CIP recommended for FY 2021/2022 is $14,205,644 and $19,038,739 for FY 2022/2023.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
10 | The Trust for Public Land | Conservation Finance Department
The city entered into FY 2020/2021 in a stable financial position and had strong revenue growth amongst many funds for a majority of the fiscal year. However, some services and revenues were tempered due to the COVID19 pandemic. As this budget for 2021/2022 and 2022/2023 was being finalized, the local economy was trending in a positive direction as businesses continue to reopen.
Due to fiscal prudence on the part of the City Council, and careful fiscal management on the part of city staff, the city is generally in a good financial position, with General Fund Emergency Reserves as of June 30, 2019 near 24 percent ($7 mil) meeting Council’s 15 percent policy established in 2020 by Resolution 2020-29-R.
Parks and Recreation Master Plan 20205
The City of Hanford Parks and Recreation Master Plan was developed to provide the organization a roadmap for the future using knowledge gained from community input, park and program inventory review, comparison to national standards and trends and an assessment of the current economic and political climate. The planning process incorporated a comprehensive series of discovery and analysis strategies to understand the workings of the organization and included a strong community engagement process. Several strategic recommendations resulted from this effort and were aligned into the eight major categories of implementation actions found in Chapter 10.
Overall, the park system is valued by community residents and leaders. It serves multiple purposes including recreational, environmental, educational, social, economic development and higher quality of life. Adequate funding for upkeep of existing parks is a priority for residents as well as developing new parks. Improved communication between the community and the Department is another opportunity for
5 Largely excerpted from City of Hanford Parks and Recreation Master Plan 2020
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 11 enhancing programs, services and project activities. In short, investment in the city’s park and recreation system should be a priority.
Programmatically, the Hanford Parks and Recreation Department is meeting the major needs of the community, but a regular review of offerings will ensure successful outcomes. Operationally, the Department is meeting expectations. The plan recommends continued development of processes that will allow for improved maintenance decision-making and utilization of contractual services, as staffing and funding levels are below what is needed.
To ensure that the city has a plan for capital projects, a three-tier approach was developed that organizes projects into the following categories: Sustainable projects, Expanded Services projects and Visionary projects. These approaches provide a way to categorize and prioritize projects which ultimately furnished a comprehensive capital improvement plan totaling $30M to be accomplished over the next 10 years.
The Parks and Recreation Master Plan includes a system-wide approach for accomplishing short and long-term goals, initiatives, tactics and measurements to ensure that as the city grows in population, the Department does so as well – effectively, efficiently and sustainably – while providing first-class services, programs, parks, and facilities to the community for many years to come.
Funding the Master Plan
To achieve the outcomes identified in the key findings and recommendations as presented in the Master Plan, a reliable and sustainable funding plan is needed. Staff identified and analyzed 15 primary funding sources that may be used to fund portions of the capital improvement plan as part of the Master Plan process. (Notably, parcel taxes, general obligation bonds, and sales taxes were not included.) • External Funding
o Corporate sponsorships
o Partnerships
o Foundations/gifts
o Private donations
o Friends groups
o Volunteerism
• Capital Fees
o Dedication/Development Fees
o Impact Fees
• User Fees
o Recreation Service Fees
o Fees/charges
o Ticket sales/admissions
o Permits (special use permits)
o Reservations
• Grants
o Partnership Enhancement Monetary Grant Program
o CDBG Funding
o Proposition 68
• Tax Support
o Lighting and Landscape District/Community Facility Districts • Franchises and Licenses
o Catering Permits and services
o Pouring rights
o Concession management
o Naming rights
o Easements
o Advertising sales
o Interlocal agreements
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
12 | The Trust for Public Land | Conservation Finance Department ParkServe
The Trust for Public Land’s ParkServe database can help visualize a city’s park system and inform decisions by identifying areas most in need of a new park. Hanford’s park access statistics and map are shown below.6
6 Visit tpl.org/parkserve to explore the database.
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
The Trust for Public Land | Conservation Finance Department | 13
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Attachment: Hanford CA Feasibility Study 050622 (Parks and Community Services Department's Measurable Objectives for FY 22/23) Hanford, California | Public Finance Feasibility Study | May 2022 _________________________________________________________________________________________________________
14 | The Trust for Public Land | Conservation Finance Department Choosing a Local Funding Strategy
Generally, there are three primary types of revenue sources available to local governments to pay for parks and recreation: discretionary annual spending, creation of dedicated funding streams, and debt financing. The financing options utilized by a community will depend on a variety of factors such as taxing capacity, budgetary resources, voter preferences, and political will.
Significant, dedicated funding generally comes from broad-based taxes and/or the issuance of bonded indebtedness, which often require the approval of voters. In the Trust for Public Land’s experience, local governments that create funding via the budget process often provide substantially less funding than those that create funding through ballot measures. As elected officials go through the process of making critical budgetary decisions, funding for land conservation often lags behind other public purposes, and the amount appropriated tends to be less than what voters would support. It is understandably often difficult to raise taxes without an indisputable public mandate for the intended purpose.
Ballot measures provide a tangible means to implement a local government’s vision. With their own funding, local governments are better positioned to secure scarce funding from state or federal governments or private philanthropic partners. In addition, having a predictable funding source empowers the local jurisdiction to establish long-term parks and recreation priorities that meet important community goals and values.
Nationwide, a range of public financing options has been utilized by local jurisdictions to fund parks and open space, including general obligation bonds, the local sales tax, and the property tax . The ability of local governments to establish dedicated funding sources depends upon state enabling authority. In California, bonds, sales taxes and parcel taxes are among the most common funding mechanisms.
Public Finance Options in California
All taxes imposed by local governments in California are either general taxes or special taxes. 7 General taxes may be imposed only by local governments for general government purposes. An imposition, extension or increase of any general tax requires the approval of a majority of voters at a regularly scheduled general election for members of the governing body. Special taxes are imposed for specific purposes by counties, cities and special districts. Historically, any imposition; extension or increase of a special tax has required approval with a two-thirds vote of the electorate.8 The paragraph below provides more information about special taxes proposed via the initiative petition process.
In August 2017, the California Supreme Court ruled that local measures placed on the ballot via an initiative are not bound by the same restrictions as those placed on the ballot by government agencies (California Cannabis Coalition v. City of Upland). Although the case did not directly implicate the two- thirds vote threshold required under Proposition 13 and Proposition 218, the ruling has had a significant impact on the approval of local special taxes. Some local governments interpret the Upland decision to allow majority-vote special taxes, including parcel taxes. Since the decision, eight measures have used the Upland decision to justify a majority-vote election result.9 The number of signatures required for a petition is a minimum of 10 percent of the votes cast for Governor at the last gubernatorial election. For Hanford, this would be 1,456 signatures, based on the 2018 gubernatorial election. (This number will need to be recalculated for a petition after the November 2022 gubernatorial election.) The State of California authorizes communities to use various revenue sources for parks and recreation purposes including property-related taxes, sales and use taxes, general obligation bonds, the creation of financing districts that serve as financing mechanisms, and the creation of special districts. Each of these
7 Cal. Const. Art. XIIIC, Sect. 2 (Proposition 218, “the Right to Vote on Taxes Act,” 1996); Cal. Government Code §§53720-53730. 8 See Cal. Government Code §§50075-50077.5 (containing additional requirements for voter-approved special taxes). 9 Excerpted from: https://www.caltax.org/foundation/reports/2021-Local-Tax-Trends-in-CA.pdf.
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The Trust for Public Land | Conservation Finance Department | 15 funding mechanisms requires approval by the electorate (or landowners in the case of certain special district assessments) and, in various communities in California, they have enjoyed widespread support.
Roughly 72 percent of local conservation finance measures (58 of 81) on the ballot in California between 2000 and 2020 were approved.10 Success at the ballot is hampered somewhat in the state by the high approval threshold (2/3rds vote) required for local bond and special tax measures. The parcel tax (usually levied as a flat fee per parcel) is the most commonly used finance mechanism for parks and land conservation acquisition, followed by bonds and the local sales tax.
California Local Conservation Finance Measures, 2000-2020 Finance Mechanism # Measures # Passed % Passed
Parcel tax 23 16 70%
Bond 19 15 79%
Sales tax 17 10 59%
Other* 12 10 83%
Benefit assessment 10 7 70%
Total 81 58 72%
Source: The Trust for Public Land, LandVote®, 2022, www.landvote.org. *Other = budget allocation, charter amendment, transient occupancy tax, utility tax
10 The Trust for Public Land, LandVote®, 2022, www.landvote.org. Figures include only ballot measures with funding for land acquisition.
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16 | The Trust for Public Land | Conservation Finance Department Public Finance Options for Hanford
Bonds
To raise funds for capital improvements, such as land acquisition or building construction, counties, cities and districts may issue bonds.11 In California, there are three types of bonds: (1) general obligation (“GO”) bonds, which are guaranteed by the local taxing authority; (2) revenue bonds that are paid by project - generated revenue or a dedicated revenue stream such as a particular tax or fee, and (3) limited tax bonds, which are paid by voter-approved sales tax revenue. Generally, bond proceeds are limited to capital projects and may not be used for operations and maintenance purposes. 12 As of June 30, 2020, the city had a total debt outstanding of $35,979,291 (no general obligation bonds). 13
Debt Limit
The debt limit provisions in the California Constitution require two-thirds voter approval of certain forms of “indebtedness” and “liabilities” of certain public agencies so as to limit their ability to incur unfunded, long- term obligations. Article XVI, Section 18 of the California Constitution reads as follows:
“No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters of the public entity voting at an election to be held for that purpose.”
The purpose of the constitutional debt limit as described in an early California Supreme Cour t case, was to prevent “municipal extravagance” involving long-term financial commitments that exceed the current means of the public agency to repay. Each year’s income and revenue must pay each year’s indebtedness and liability,” the court said, and “no indebtedness or liability incurred in any one year shall be paid out of the income or revenue of any future year.” The debt limit provisions also serve as indirect limits on tax increases (by preventing obligations that would require them). 14 Additionally, a city shall not incur an indebtedness for public improvements which exceeds in the aggregate 15 percent of the assessed value of all real and personal property of the city. Within the meaning of this section “indebtedness” means bonded indebtedness of the city payable from the
11 Cal. Public Resources Code §5305.
12 Federal IRS rules governing the issuance of tax-exempt bonds limit the use of proceeds to capital purposes such that only a small fraction of bond funds may be used for maintenance or operations of facilities. State and local laws may further limit the use of bond proceeds.
13 City of Hanford, Financial Statements with Independent Auditors’ Report, For the year ended June 30, 2020 14 “California Debt Financing Guide,” The California Debt and Investment Advisory Commission, June 2021
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The Trust for Public Land | Conservation Finance Department | 17 proceeds of taxes levied upon taxable property in the city. 15 This debt limit for Hanford is approximately $692.95 million.
General Obligation Bond for Parks
Hanford could considering issuing general obligation bonds for parks. The table below illustrates the estimated annual debt service, required property tax rate, and annual household cost of various general obligation bond issue amounts that could be considered by the city. For example, a $10 million bond would add about $544,000 to the city’s annual debt service and would cost approximately $26 per year for the median homeowner over the life of the bond (30 years). A $30 million bond (to meet the master plan goal) would cost the median homeowner $78 per year.
Hanford Bond Financing Estimates
Bond
Issue
Interest
Rate
Maturity
(years)
Annual
Debt
Service
Total
Taxable
Value*
Tax Required
(per $100
Taxable Value)
Annual Cost
for Median
Home**
Annual Cost
per $100K
Taxable Value
$6,000,000 3.5% 30 $326,228 $4,619,690,254 $0.0071 $16 $7 $8,000,000 3.5% 30 $434,971 $4,619,690,254 $0.0094 $21 $9 $10,000,000 3.5% 30 $543,713 $4,619,690,254 $0.0118 $26 $12 $12,000,000 3.5% 30 $652,456 $4,619,690,254 $0.0141 $31 $14 $14,000,000 3.5% 30 $761,199 $4,619,690,254 $0.0165 $36 $16 $30,000,000 3.5% 30 $1,631,140 $4,619,690,254 $0.0353 $78 $35 *Kings County Assessor
**If median taxable value = $221,300 (US Census Quickfacts) The Trust for Public Land’s bond cost calculations provide a basic estimate of debt service, tax increase, and cost to the typical homeowner in the community of potential bond issuances. Assumptions include the following: the entire debt amount is issued in the first year and payments are equal until maturity; 30 - year maturity; and a conservative 3.5 percent interest rate. The property tax estimates assume that the jurisdiction would raise property taxes to pay the debt service on bonds. The cost per household represents the maximum estimated annual impact of increased property taxes levied to pay the debt service. The estimates do not take into account growth in the tax base due to new construction, annexation over the life of the bonds, or the possibility that the jurisdiction will sell bonds only as needed for specific projects, rather than all at once. The annual debt service and cost per household are the maximum tax impacts that could occur if the entire debt amount is issued at once. The jurisdiction’s officials, financial advisors, bond counsel and underwriters would establish the actual terms of any bond.
Implementation16
A city may incur indebtedness for any municipal improvement 17 requiring an expenditure greater than the amount allowed for it by the annual tax levy.18 Proceedings are initiated when the city legislative body passes a resolution by a two-thirds vote of all its members determining that the public interest or necessity demands the acquisition, construction, or completion of any municipal improvement. 19 At any subsequent meeting, by a two-thirds vote of all its members, the legislative body may pass an ordinance ordering the submission of the proposition of incurring a bonded debt for the purpose set forth in said
15 Cal. Government Code 43605
16 Cal. Public Resources Code §5790.
17 As used in this article, “municipal improvement” includes bridges, waterworks, water rights, sewers, light and power works or plants, buildings for municipal uses, wharves, breakwaters, jetties, seawalls, schoolhouses, fire apparatus, street work, and other works, property, or structures necessary or convenient to carry out the objects, purposes, and powers of the city. “Municipal improvement” also includes the acquisition of real property for a civic center site or for any public use or uses, whether or not the improvement of said real property is part of the purposes for which the bonds are to be issued and whether or not funds for the improvement of said real property are presently available from other sources. 18 Cal. Government Code 43602
19 Cal. Government Code 43607
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18 | The Trust for Public Land | Conservation Finance Department resolution to the qualified voters of the city at an election held for that purpose. 20 Propositions for more than one object or purpose may be submitted at the same election. 21 The ordinance shall recite:
(a) The object and purpose of incurring the indebtedness. (b) The estimated cost of the public improvements.
(c) The amount of the principal of the indebtedness.
(d) The rate or maximum rate of interest on the indebtedness, which shall not exceed 8 percent, and need not be recited if it does not exceed 41/2 percent. Said interest shall be payable semiannually except that interest for the first year after the date of the bonds may be made payable at the end of said year. (e) The date of the election.
(f) The manner of holding the election and the procedure for voting for or against the proposition. 22 The ordinance shall be published once a day for at least seven days in a newspaper published at least si x days a week in the city, or once a week for two weeks in a newspaper published less than six days a week in the city. If there are no such newspapers, it shall be posted in three public places in the city for two succeeding weeks. No other notice need be given.
23 If two-thirds of the electors voting on the
proposition vote for it, the bonds may be issued. 24
Community Facilities Districts
The Mello-Roos legislation of 1982 authorizes local governments to create special districts , known as community facility districts (CFD), which can impose special taxes to pay for capital improvements or services. Revenue may be used to pay for facilities, services, or debt service used to finance facilities.
The tax may be used for pay as you go items as well as for the principal and interest on bonded debt.
Eligible services include maintenance of parks, parkways, and open space; 25 environmental clean up and
remediation services, and flood and storm protection services;26,27 and recreational program services, as well as operation and maintenance of museums and cultural facilities. 28 Bonds may not be issued to fund any services, although bonds may be issued to fund capital facilities to be used in providing these services.
29 Eligible facilities include local park, recreation, parkway, and open-space facilities.30 The district may also finance the acquisition, improvement, rehabilitation or maintenance of property for flood and storm protection services.
31 Revenue may also be used to pay debt service.32
While Mello-Roos districts are typically used to finance facilities, they may also be used to finance services – or a combination of both. Generally, districts can use revenue for the purchase, construction, expansion, improvement, or rehabilitation of real property with a life span of five years or more. Parks, recreation, open space, and flood and storm protection are all examples of eligible services that Mello- Roos districts may finance.
The boundaries of the district do not need to match the jurisdictional boundaries of the city and do not need to be contiguous. Generally, boundaries cannot extend beyond the city’s borders unless the city
20 Cal. Government Code 43608
21 Cal. Government Code 43609
22 Cal. Government Code 43610
23 Cal. Government Code 43611
24 Cal. Government Code 43614
25 California Government Code 53313(d)
26 California Government Code 53313(f)
27 California Government Code 53313(e)
28 California Government Code 53313(c)
29 California Government Code 53313.5(g)
30 California Government Code 53313.5(a)
31 California Government Code 53313.5(f)
32 California Government Code 53313.5(g)
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The Trust for Public Land | Conservation Finance Department | 19 enters into a joint powers agency. Financed facilities are not required to be located within the boundaries of the district.
Unlike a typical voter-approved general obligation bond, which can only fund capital improvements, a voter-approved Mello-Roos tax could fund both bonds and services.
Creating a District
The formation of a Mello-Roos district is complicated. The local agency must first consider and adopt local goals and policies.33 The process to create a district may be initiated by either city council or a citizen petition. The legislative body of the public agency creating a district, such as city council, may initiate the process. Two members of the city council must submit a written request for establishment to the city council.34 A citizen petition may be filed. It must be signed by not less than 10 percent of the registered voters residing within the territory proposed to be included within the district or by owners of not less than 10 percent of the area of land proposed to be included within the district and not proposed to be exempt from the special tax.35
The city council must adopt a resolution of intent to establish a district within 90 days of receiving either a written request or valid petition.36 This resolution must do the following:37 a) State that a community facilities district is proposed to be established and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the clerk, showing the proposed community facilities district. The boundaries of the territory proposed for inclusion in the district shall include the entirety of any parcel subject to taxation by the proposed district. b) State the name proposed for the district in substantially the following form: “Community Facilities District No. ____.”
c) Describe the public facilities and services proposed to be financed by the district. The description may be general and may include alternatives and options, but it shall be sufficiently informative to allow a taxpayer within the district to understand what the funds of the district may be used to finance. If the purchase of completed public facilities or the incurring of incidental expenses is proposed, the resolution shall identify those facilities or expenses. If facilities are proposed to be financed through any financing plan, including, but not limited to, any lease, lease -purchase, or installment-purchase arrangement, the resolution shall briefly describe the proposed arrangement.
d) State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities and services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the area. The resolution shall specify the rate, method of apportionment, and manner of collection of the special tax in sufficient detail to allow each landowner or resident within the proposed district to estimate the maximum amount that he or she will have to pay. The legislative body may specify conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. The legi slative body may specify conditions under which the rate of the special tax may be permanently reduced in compliance with the provisions of Section 53313.9.
e) In the case of any special tax to pay for public facilities and to be levied against any parcel use d for private residential purposes, (1) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes, which amount shall not
33 California Government Code 53312.7
34 California Government Code 53318(a)
35 California Government Code 53318(b), 53319(d)
36 California Government Code 53320
37 California Government Code 53321
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20 | The Trust for Public Land | Conservation Finance Department be increased over time except that it may be increased by an amount not to exceed 2 percent per year, (2) the resolution shall specify a tax year after which no further special tax subject to this sentence shall be levied or collected, except that a special tax that was lawfully levied in or before the final tax year and that remains delinquent may be collected in subsequent years, and (3) the resolution shall specify that under no circumstances will the special tax levied in any fiscal year against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the district by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. Nothing in this paragraph is intended to prohibit the legislative body from establishing different tax rates for different categories of residential property, or from changing the dollar amount of the special tax for the parcel if the size of the residence is increased or if the size or use of the parcel is changed. f) Fix a time and place for a public hearing on the establishment of the district which shall be not less than 30 or more than 60 days after the adoption of the resolution. g) Describe any adjustment in property taxation to pay prior indebtedness pursuant to Sections 53313.6 and 53313.7.
h) Describe the proposed voting procedure.
At the time of the adoption of the resolution of intention to establish a community facilities di strict, the legislative body shall direct each of its officers who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to st udy the proposed district. At or before the time of the hearing, the officers must file a report with the legislative body containing a brief description of the public facilities and services by type that will in his or her opinion be required to adequately meet the needs of the district and an estimate of the cost of providing those public facilities and services.
38 The clerk of the legislative body shall publish a notice of the hearing pursuant to Section 6061 in a newspaper of general circulation published in the area of the proposed district. Publication shall be complete at least seven days prior to the date of the hearing. The notice shall contain all of the following information:
1. The text or a summary of the resolution of intention to establish the district which may refer t o documents on file in the office of the clerk for detail.
2. The time and place of the hearing on the establishment of the district.
3. A statement that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district, or the furnishing of specified types of public facilities or services will be heard. The notice shall also describe, in summary, the effect of protests made by registered voters or landowners against the establishment of the district, the extent of the district, the furnishing of a specified type of facilities or services, or a specified special tax, as provided in Section 53324.
4. A description of the proposed voting procedure.
39 The clerk of the legislative body may also give notice of the hearing by first-class mail to each registered voter and to each landowner within the proposed district. This notice shall contain the same information as is required to be contained in the notice published pursuant to Section 53322. 40
38 California Government Code 53321.5
39 California Government Code 53322
40 California Government Code 53322.4
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The Trust for Public Land | Conservation Finance Department | 21 If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified community facilities district or to authorize the specified special tax shall be taken for a period of one year from the date of the decision of the legislative body. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. 41 If the legislative body determines to establish the district, it shall adopt a resolution of formation establishing the district. The resolution of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in Section 53321. If a special tax is proposed to be levied in the district to pay for any facilities or services and the special tax has not been eliminated by majority protest pursuant to Section 53324, the resolution shall:
1) State that the proposed special tax to be levied within the district has not been precluded by majority protest pursuant to Section 53324.
2) Identify any facilities or services proposed to be funded with the special tax. 3) Set forth the name, address, and telephone number of the office, department, or bureau that will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2.
4) State that upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. 5) Set forth the county of recordation and the book and page in the Book of Maps of Assessments and Community Facilities Districts in the county recorder’s office where the boundary map of the proposed community facilities district has been recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code.
In the resolution of formation, the legislative body shall determine whether all proceedings were valid and in conformity with the requirements of state statute. If the legislative body determines that all proceedings were valid and in conformity, it shall make a finding to that effect and that finding shall be final and conclusive.
42 A CFD tax is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property. However, the special tax may be on or based on a benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or some other reasonable basis as determined by the legislati ve body. 43 The city council may then place a proposition on the ballot seeking approval of a special tax, as well as to establish or change the appropriations limit.
44 The proposition must be voted on between 90 and 180
41 California Government Code 53324
42 California Government Code 53325.1
43 California Government Code 53325.3
44 California Government Code 53325.7, 53326(a)
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22 | The Trust for Public Land | Conservation Finance Department days following the adoption of the resolution of formation.45 The formation of the district is approved if two-thirds of the votes cast in favor of levying the tax are in favor. 46 The tax revenue may be used only to pay for the public facilities, services, or debt service described in the proposition.
If the district seeks to issue bonds and incur debt, then it must seek voter approval. The authority to issue bonds may be included in the same proposition as the authority to levy a special tax. A two- thirds vote is also required for the issuance of bonds.47
If the district receives approval for a special tax, the city may transfer money to the district prior to the first fiscal year in which the special tax may be levied. 48 The city may also contribute revenue for the acquisition or construction of a facility, acquisition of property, or payment of debt service.49 Coronavirus State and Local Fiscal Recovery Funds
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. Hanford’s allocation is $13,077,740. (Local governments will receive funds in two tranches; Hanford has about $3-4 million left from the first tranche, and the second should arrive in the fall of 2022.) Some of this funding could be used for parks in the city. The City Council would need to appropriate the funds to parks. Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. 50 Use of Funds
Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government serv ices up to the amount of revenue lost due to the pandemic
• Respond to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities, and helping households, small businesses, impacted industries, nonprofits, and the public sector recover from economic impacts • Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet
The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs within these four separate eligible use categories. 51 The Final Rule issued January 27, 2022 indicates that investments in parks and other public outdoor recreation spaces are enumerated eligible uses for disproportionately impacted communities in order to promote healthier living environments. Spending on outdoor and recreational purposes may also be eligible under the assistance to small businesses eligible use category under Negative Economic
45 California Government Code 53326(a)
46 California Government Code 53328
47 California Government Code 53353.5, 53354, 53355
48 California Government Code 53314
49 California Government Code 53314.8
50 https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf 51 https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal- recovery-funds
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The Trust for Public Land | Conservation Finance Department | 23 Impacts. There are multiple ways that investments in improving outdoor spaces could qualify as eligible uses within disproportionately impacted communities:
• Development of neighborhood features that promote improved health and safety outcomes, such as parks, green spaces, recreational facilities, sidewalks, pedestrian safety like crosswalks, projects that increase access to health foods, streetlights, neighborhood cleanup, and other projects to revitalize public spaces.
• Recipients may provide assistance to small businesses in all communities. Assistance to small businesses could include support to enhance outdoor spaces for COVID-19 mitigation (e.g., restaurant patios) or to improve the built environment of the neighborhood (e.g., façade improvements).
• Many governments saw significantly increased use of parks during the pandemic that resulted in damage or increased maintenance needs. The Interim Final Rule recognizes that “decrease[s to] a state or local government’s ability to effectively administer services” can constitute a negative economic impact of the pandemic.
Recipients may also utilize lost revenue as a means to provide any traditional government service, which may include maintaining and upgrading public parks.
52 Parcel Tax
A parcel tax is a tax collected on the property tax roll that is based on either a flat, per -parcel rate or a rate that varies based on other factors, such as parcel size, use, or other physical attributes. (Heckendorn v. City of San Marino (1986) 42 Cal.3d 481.) Parcel taxes based upon the value of the property are prohibited because they violate Proposition 13’s limits on ad valorem property taxes. (Cal. Const. art. XIII A, § 1; City of Oakland v. Digre (1988) 205 Cal.App.3d 99.) Proposition 218 eventually limited the types of taxes that local governments can impose upon a parcel of property to the ad valorem property tax and any special tax that receives a two-thirds vote, as required by article XIII A, section 4 of the Constitution. Accordingly, local governments may only impose a parcel tax as a special tax. (Nielson v. City of California City (2006) 133 Cal.App.4th 1296, 1307- 08.) 53 According to a policy brief from the California Taxpayers Association, the two most common types of parcel taxes are “fixed amount flat rate” and “fixed amount square footage” parcel taxes. Generally, state law requires that special district parcel taxes apply uniformly to all types of property. Some jurisdictions include exemptions for parcels owned by seniors and taxpayers with disabilities.54 From 2010-2020, voters approved 492 parcel tax measures and rejected 310 measures, cumulatively increasing taxes more than $1.48 billion annually. Of the 802 measures on the ballot, 299 were to fund education, 186 for fire services, 56 for healthcare services, and 55 for parks and recreational programs.
Generally, parcel taxes contain a sunset date, however the California Tax Foundation identified 36 measures that will be levied in perpetuity, unless repealed by voters, and nine measures that will sunset between 2040 and 2069.
55 Recently, voters in Arcata approved at $37 parcel tax for open space, parks, trails, forests, and wildfire prevention. The measure passed in 2020 with 80 percent voter approval. 56 In 2021, there were 28 parcel tax elections (for any purpose) in California, of which 21 were approved by voters. Of those approved, 20 were assessed as a flat tax per parcel, and one was a tax per square foot.
52 https://www.naco.org/resources/featured/naco-recovery-fund-faqs 53 League of California Cities, Propositions 26 and 218 Implementation Guide, August 2021 54 California Taxpayers Association. March 2013. “The Other Property Tax: an Overview of Parcel Taxes in California.” http://www.caltax.org/ParcelTaxPolicyBrief.pdf
55 California Tax Foundation, Local Tax Trends in California: A Survey of Ballot Measure Elections from 2010-2020. September 2021.
56 The Trust for Public Land, LandVote®, 2022, www.landvote.org.
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24 | The Trust for Public Land | Conservation Finance Department The flat per parcel taxes ranged from $61 to $1,620, with an average of $337 and a median of $208.57 Local governments are not required to include a sunset date for parcel taxes.
Hanford currently levies parcel taxes for several lighting and landscape districts throughout the city.
These generally range from $18.30 per parcel to $512.70 per parcel. 58 Hanford Parcel Tax
Hanford could consider a citywide parcel tax for parks. There are nearly 20,000 parcels in the city. A parcel tax of $30 per parcel per year would generate more than $597,000 annually . To reach the master plan goal of $30 million over 10 years, the parcel tax would need to be set at $150.66 per parcel.
Hanford Parcel Tax Estimates
Parcels* Parcel Tax Annual Revenue Revenue over 10 Years 19,913 $20 $398,260 $3,982,600
19,913 $25 $497,825 $4,978,250
19,913 $30 $597,390 $5,973,900
19,913 $35 $696,955 $6,969,550
19,913 $150.66 $3,000,000 $30,000,000
*Kings County Auditor-Controller, 2021-22 Assessed Value by Taxing Entity Implementation
Proposition 218 states that all taxes imposed by a local government are either general taxes or special taxes, and that both types of taxes must be approved by the local electorate. General taxes must be approved by a majority vote of registered voters, except that in the case of an emergency declared by a unanimous vote of the legislative body’s members present, the election must be consolidated with a “regularly scheduled general election for members of the governing body of the local government ....” (Cal. Const. art. XIII C, § 2, subd. (b).) Special taxes must be approved by a two-thirds vote.59 (Cal.
Const. art. XIII C, § 2, subd. (d).)60 See Appendix A for more information on general versus special taxes.
Park Impact Fees
California Government Code Sections 66000 et seq. (also known as the “Mitigation Fee Act”) authorizes the legislative body of a city or county to, by ordinance, impose impact fees on development projects for the purpose of defraying all or a portion of the cost of public facilities related to the development project.
The park and recreation impact fees are for purposes of developing new or rehabilitating existing park or recreational facilities.
Hanford currently imposes development impact fees on residential development for parks:
• $2,740.28 per unit for low density residential,
• $2,454.12 per unit for medium density residential, and • $2,167.95 per unit for high density residential.
Combined with other development impact fees for things like fire, police, water, and storm drainage, the total development impact fee for a single family residence is $13,107.96. 61 The parks impact fees are
57 California Tax Foundation, 2021 Parcel Tax Elections, https://www.caltaxfoundation.org/center-for-special-taxes 58 There are three other L&L districts which only cover 1 parcel each, and the amounts per parcel are $11,037.00, $50,581.26, and $51,866.88.
59 Special taxes proposed by initiative may be imposed, extended, or increased if approved by a majority vote. 60 League of California Cities, Propositions 26 and 218 Implementation Guide, August 2021 61 Hanford Master Fee Schedule 2021-2022
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The Trust for Public Land | Conservation Finance Department | 25 expected to generate $268,700 each year in the FY22-23 budget. (However, revenues totaled $403,000 in 2021 and $635,000 in 2020.)
Hanford’s population is increasing and the 2035 General Plan projects the population to increase from approximately 58,000 to 90,000 by 2035. With a growing population, park and recreation services will need to strategically invest, develop, and maintain parks and facilities in relation to current and future housing development areas.62 Park impact fees need to evolve with increasing land/construction costs and growing pressures on the park system from new development. The following paragraph is excerpted from “Impact Fees: Practical Guide For Calculation And Implementation” by Dennis H. Ross, Fellow, ASCE, and Scott Ian Thorpe, RCS Principal:
“Update the impact fees periodically. Impact-fee calculations should be updated often to ensure that the assumptions are still valid. The projected growth of the community, the facility needs, and the cost for providing those facilities should be verified. Reviewing the impact -fee calculations together with the capital improvement plan or budget would be ideal. At a minimum, the impact fees should be reviewed every two years, or whenever a major change occurs (e.g., major annexation or general plan revision) in the community.”63 Hanford does provide for annual updates in the city code, however increases are limited to a percentage no greater than the engineering cost index:
• On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed and/or what additional facilities may be needed. (15.44.020) • The park facilities impact fee established hereunder may be adjusted by resolution of the city council of the city of Hanford on or before July 1 of each fiscal year by a percentage no greater than the engineering cost index as published by the Engineer News Record for the preceding twelve (12) months. (15.44.070)
The table to the right shows the average impact fee for parks in California in 2019, for different types of
development. Hanford’s park impact fees are well
below the state average. Additionally, Hanford does
not impose park impact fees on commercial or
industrial development. Hanford should continue
updating its impact fees annually and consider
including commercial and industrial development in the
calculations. The city should also ensure its impact
fees are accounting for the expected growth and the
goals included in the 2020 Parks Master Plan.
Sales Tax
The sales tax is imposed on retailers for the privilege of selling tangible personal property within California. The combined state and local sales and use tax rate is 7.25 percent. A number of cities, counties and special districts impose additional sales taxes (called “transactions and use taxes”). The combined state and local sales and use tax may be higher due to local add-ons (the rate has reached
10.25 percent in some areas). Hanford currently does not have an additional local sales and use tax. 64 62 City of Hanford Parks and Recreation Master Plan 2020 63 Impact Fees: Practical Guide for Calculation, Ross and Thorpe, 1991 (https://www.impactfees.com/resources/publications/) 64 California Tax Foundation, Tax Facts, April 2021.
Type of Development Average Parks Impact F ee
Single-Family Unit $7,885
Multi-Family Unit $6,072
Retail $1,292
O ffice $1,429
Industrial $900
Source: National Impact Fee Survey: 2019,
http://www.impactfees.com/resources/surveys/
California Impact Fees
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26 | The Trust for Public Land | Conservation Finance Department
From 2010 to 2020, California voters approved 382 local transactions and use tax measures (330 general taxes and 52 special taxes), representing more than $4.5 billion in annual sales taxes. Voters rejected 134 measures that cumulatively would have increased sales taxes another $1.87 billion.
Of the 516 measures proposed, 401 were proposed to fund “general services.” Some of these majority- vote general taxes were coupled with advisory measures directing the local government to earmark the new sales tax revenue to a specific program. Outside of these “general services” measures, sales tax measures were earmarked to fund libraries (13 measures), public safety (23 measures), fire services (17 measures), and transportation (32 measures) – all of which required a two-thirds vote.65 Hanford could consider adopting a local sales tax for parks. The tax can be levied in increments of 0.125 percent, up to 2 percent. For example, a quarter-cent (0.25 percent) sales tax would generate more than $2.7 million per year and cost the median household $36 per year. (Revenue over 10 years would grow to more than $27.5 million, very close to the master plan goal of $30 million over 10 years.) Spending by residents would account for 24 percent of the revenues; the remaining 76 percent would come from visitor and business spending. Voter approval is required – a majority for a general tax, and 2/3rds for a special tax.
66 65 California Tax Foundation, Local Tax Trends in California: A Survey of Ballot Measure Elections from 2010-2020. September 2021.
66 Special taxes proposed by initiative may be imposed, extended, or increased if approved by a majority vote.
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The Trust for Public Land | Conservation Finance Department | 27 Hanford Sales Tax Revenue & Cost Estimates
Sales
Tax Rate
Annual
Revenue*
Annual
Cost per
Household
Total Revenue Attributed
to Resident Spending
% Revenue Attributed
to Resident Spending
Revenue over
10 Years
0.125% $1,379,384 $18 $336,930 24% $13,793,837
0.250% $2,758,767 $36 $673,859 24% $27,587,673
0.375% $4,138,151 $54 $1,010,789 24% $41,381,510
0.500% $5,517,535 $72 $1,347,718 24% $55,175,347
*Based on 2020 taxable sales of $1,103,506,936 (California Department of Tax and Fee Administration, Taxable Sales by City) Implementation
The governing body of any city may levy, increase, or extend a transactions and use tax for general purposes at a rate of 0.125 percent or a multiple thereof, if the ordinance proposing that tax is approved by a two-thirds vote of all members of that governing body and the tax is approved by a majority vote of the qualified voters of the city voting in an election on the issue. The governing body may levy, increase, or extend more than one transaction and use tax.67
Alternatively, the governing body of any city may levy, increase, or extend a transactions and use tax for specific purposes. The tax may be levied, increased, or extended at a rate of 0.125 percent, or a multiple thereof, for the purpose for which it is established, if all of the following requirement s are met:
(a) The ordinance proposing that tax is approved by a two-thirds vote of all members of the governing body and is subsequently approved by a two-thirds vote of the qualified voters of the city voting in an election on the issue.
(b) The transactions and use tax conforms to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)).
(c) The ordinance includes an expenditure plan describing the specific projects for which the revenues from the tax may be expended.
68 See Appendix A for more information on general versus special taxes.
67 Cal. RTC 7285.9
68 Cal. RTC 7285.91
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28 | The Trust for Public Land | Conservation Finance Department General Ballot Measure Requirements
Whenever an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for the statewide election, the district, city, or other political subdivision shall, at least 88 days prior to the date of the election (August 12 for the November 8, 2022 election), file with the board of supervisors, and a copy with the elections official, a resolution of its governing board that does all of the following:
(1) Requests that the district, city, or other political subdivision election be consolidated with the statewide election.
(2) Sets forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. The question or proposition to appear on the ballot shall conform to this code governing the wording of propositions submitted to the voters at a statewide election. (3) Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418.
The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election. 69 For a special local election, the governing body of the local agency shall issue a proclamation or a resolution calling the election.
70 In case of a municipal election on any measure, the city elections official shall publish a synopsis of the measure at least one time not later than one week before the election in a newspaper of general circulation in the city. If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places in the city.
The notice shall be headed “Measure To Be Voted On” in conspicuous type and shall be substantially in the following form:
MEASURE TO BE VOTED ON
Notice is hereby given that the following measure is to be voted on at the ____ (general or special) municipal election to be held in the City of ____, on Tuesday, the ____ day of ____, 2___. (Synopsis of measure or measures)
Dated ____
_____ City Elections Official
City of ______________
The city elections official shall consolidate the notice of election and the notice of measure t o be voted on into one notice if the measure was placed on the ballot before the notice of election is published pursuant to Section 12101.
71 69 Cal. Elections Code 10403
70 Cal. Elections Code 12001
71 Cal. Elections Code 12111
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The Trust for Public Land | Conservation Finance Department | 29 Ballot Language
The ballots used when voting upon a measure proposed by a local governing body 72 or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the measure to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets
73. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the measure. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption.
If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied. The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.74
Local governments are permitted to write the ballot questions for measures they place before voters.
Under Elections Code Section 13119(c), “The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.” Recent changes to state law require local governments to provide voters with estimates of how much taxes will increase if a given tax or bond measure is approved. Elections Code Section 13119 provides that the ballot statement for any local measure that imposes a tax (or raises the rate of a tax) must include the amount of money to be raised annually and the rate and duration of the tax to be levied.
Elections Code Section 9401 additionally specifies that the voter information guide for any measure proposing a local bond that would be repaid with property taxes must include “the best estimate from official sources of the average annual tax rate that would be required to be levied to fund that bond issue over the entire duration of the bond debt service ….” 75 Ballot questions are limited to 75 words.76 See Appendix B for a document that details the methodology for counting words applicable to the limit.
Example ballot language from 2020 measures77
Bonds
11/3/2020, Piedmont Measure UU, Pass (2/3rds required)
Shall the measure to prevent permanent closure of Piedmont's Community Pool by constructing new pool facilities, restrooms and related areas, to conserve energy and water, provide greater community access and safety, and authorize Piedmont to issue $19,500,000 in bonds at legal rates, generating $1,257,950 annually at an average rate of 2.6 cents per $100 of assessed valuation while bonds are outstanding, with all money staying local and independent citizens' oversight, be adopted?
72 “Local governing body” means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.
73 “Target” means an object designated as the aim for a voter to make a vote selection. 74 Cal. Elections Code 13119
75 California Tax Foundation, Local Tax Trends in California: A Survey of Ballot Measure Elections from 2010-2020. September 2021.
76 California Elections Code §13247 and § 9051
77 California Secretary of State, County, City, School District & Ballot Measure Election Results, https://www.sos.ca.gov/elections/county-city-school-district-ballot-measure-election-results
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30 | The Trust for Public Land | Conservation Finance Department Cannabis Tax
3/3/2020, El Monte Measure PC, Pass (2/3rds required)
To fund El Monte public safety, parks, recreation, and youth programs including: after -school programs; youth recreation; addiction prevention; community policing; and park improvements, shall a gross receipts tax be adopted for cannabis businesses up to 9% for retail, up to 6% for cultivation and manufacturing, and up to 5% for distribution and laboratory testing to raise approximately $3,500,000 annually? Parcel Tax
3/3/2020, Oakland Measure Q, Pass (2/3rds required)
Shall a measure to provide: homelessness support services and programs to help homeless individuals move into shelters and housing; trash removal from parks and creeks; safe, well -maintained parks and trails; clean, accessible park restrooms; improved water quality; and park facilities repairs, by enacting an annual $148 parcel tax for single-family parcels, and other parcels as specified, for 20 years, raising approximately $21,000,000 annually with exemptions for low-income seniors, be adopted? Sales Tax
3/3/2020, Emeryville Measure F, Pass (2/3rds required)
To maintain health communities and improve quality of life in Emeryville, shall a measure to protect the safety of local residents, reduce property crimes/auto burglaries, improve fire protection services, and provide a nurturing environment for pre-K/early childhood education for working families by levying a quarter-cent sales tax, raising approximately $2 million annually, until ended by voter, with independent oversight and audits, exclusively for public safety and child development in Emeryville, be adopted?
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The Trust for Public Land | Conservation Finance Department | 31 Election Analysis
Election Results History
Election results can often be helpful in gauging voter support for capital projects and tolerance for public spending. The available financing options covered in this report require voter approval. As such, an examination of election history on similar fiscal questions can be instructive. Still, past election results are not necessarily indicative of current voter sentiment on public financing, nor on a particular proposal. The Trust for Public Land recommends engaging a professional pollster to conduct a public opinion survey that tests ballot language, tax tolerance, and program priorities of Hanford voters.
Hanford voters have voted to approve a few tax/bond/budget-related ballot measures over the past few years, including a 2018 city tax on cannabis, which passed with 72 percent approval. However, most measures have received less than 50 percent support from Hanford voters, including Prop 68 in 2018 (41 percent support in Hanford).
Hanford Election Results
Election
Date Measure Description % Yes
Hanford
11/3/2020 CA Prop 14 Issues $5.5 billion in bonds for state stem cell research institute 39.1% 11/3/2020 CA Prop 15 Requires commercial and industrial properties to be taxed based on market value and dedicates revenue 34.2%
11/3/2020 CA Prop 19 Changes tax assessment transfers and inheritance rules 42.7% 3/3/2020
Hanford
Elementary
School District
Measure H
$23 million in bonds to repair and upgrade aging elementary and middle school facilities, make health, safety and security improvements, modernize outdated school facilities, and replace temporary portables with permanent classrooms
46.6%
3/3/2020 CA prop 13 Issues $15 billion in bonds for school and college facilities 29.9% 11/6/2018 Hanford
Measure C
Cannabis taxes to fund general municipal expenses such as police, fire, roads and recreation (estimated $750,000 to $1 million annually) 72.2% 11/6/2018 CA Prop 1 Issues $4 billion in bonds for housing programs and veterans' home loans 42.6% 11/6/2018 CA Prop 2 Authorizes state to use revenue from millionaire's tax for $2 billion in bonds for homelessness prevention housing 49.8%
11/6/2018 CA Prop 3 Issues $8.877 billion in bonds for water-related infrastructure and environmental projects 50.9%
11/6/2018 CA Prop 4 Issues $1.5 billion in bonds for children's hospitals 57.3% 11/6/2018 CA Prop 5 Revises process for homebuyers who are age 55 or older or severely disabled to transfer their tax assessments 41.0%
11/6/2018 CA Prop 6 Repeals 2017's fuel tax and vehicle fee increases and requires public vote on future increases 59.2%
6/5/2018 CA Prop 68 Issues $4 billion in bonds for parks, environmental protection, and water infrastructure 40.7%
6/5/2018 CA Prop 69 Requires certain tax and fee revenue related to transportation be used for transportation purposes 73.0%
6/5/2018 CA Prop 70 Requires a one-time two-thirds vote to use revenue from the cap-and-trade program 36.3%
6/5/2018 CA Prop 72 Excludes rainwater capture systems from property tax assessments 76.3% Sources: California Secretary of State Elections Division, Kings County Elections Department, and ballotpedia.org.
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32 | The Trust for Public Land | Conservation Finance Department Voter Registration and Turnout
Hanford Voter Registration
Political Party Registered Voters % of Total
Republican 11,327 39%
Democratic 9,621 34%
Other/No Party Preference 7,745 27%
Total 28,693 100%
Source: California Secretary of State, Report of Registration - January 4, 2022
Upcoming Elections
Currently there are two upcoming elections for Hanford voters scheduled in 2022: the statewide primary election on June 7 and the statewide general election on November 8. As of March 8, four ballot measures have been certified for the November ballot (none are tax/bond-related).
0%
10%
20%
30%
40%
50%
60%
70%
80%
Hanford Voter Turnout
6/5/2012 11/6/2012 5/21/2013 7/23/2013 6/3/2014 11/4/2014 6/7/2016 11/8/2016 1/23/2018 6/5/2018 11/6/2018 3/3/2020 11/3/2020 9/14/2021 34% 67% 32% 41% 34% 49% 42% 68% 11% 34% 60% 38% 75% 53%
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The Trust for Public Land | Conservation Finance Department | 33 Appendix A: Additional Information about
General and Special Taxes
Article XIII C, section 2 of the Constitution provides, in subdivision (b), that local agencies cannot “impose, extend, or increase” any general tax unless and until that tax is submitted to the electorate and approved by a majority vote, and in subdivision (d), that local agencies cannot “impose, extend, or increase” any special tax unless and until that tax is submitted to the electorate and approved by a two- thirds vote. These voting requirements track similar requirements found in sections 53722 and 53723 of the Government Code, which were enacted in 1986 by Proposition 62, a statutory initiative inapplicable to charter cities. (E.g., Trader Sports, Inc. v. City of San Leandro (2001) 93 Cal.App .4th 37, 49.) The voter approval requirement for special taxes dates back to Proposition 13; article XIII A, section 4 of the Constitution, like article XIII C, section 2, requires two-thirds voter approval for any city, county, or special district to “impose” any special tax.
The two-thirds voter approval requirements of article XIII C, section 2, subdivision (d) of the Constitution and article XIIIA, section 4 of the Constitution do not apply to special tax measures proposed by voters through the initiative process. (City and County of San Francisco v. All Persons Interested in the Matter of Proposition C (2020) 51 Cal.App.5th 703; City of Fresno v. Fresno Building Healthy Communities (2020) 59 Cal.App.5th 220; Howard Jarvis Taxpayers Ass’n v. City and County of San Francisco (2021) 60 Cal.App.5th 227.) Special taxes proposed by initiative may be imposed, extended, or increased if approved by a majority vote. (Cal. Const. art. II, § 10, subd. (a); Elec. Code §§ 9122, 9217.) Although Proposition 62 has been largely superseded by Proposition 218, it contains some procedural requirements that are not found in Proposition 218 and which remain in effect as to general law cities.
Government Code section 53724, subdivision (a), states that any new tax “shall be proposed by an ordinance or resolution of the legislative body of the local government or district.” If a general tax is proposed, the ordinance or resolution must be approved by “a two-thirds vote of all members of the legislative body of the local government or district.” (Gov. Code § 53724, subd. (b).) An ordinance or resolution proposing a tax must state the type of tax, the tax rate, the method of collection, and the election date. (Gov. Code § 53724, subd. (a).) If a special tax is proposed, the ordinance or resolution must state “the purpose or service for which its imposition is sought.” (Gov. Code § 53724(a).) Additional procedural requirements for special taxes appear at Government Code sections 50075.1– 50075.3 and 50077:
78 50075.1. On or after January 1, 2001, any local special tax measure that is subject to voter approval that would provide for the imposition of a special tax by a local agency shall provide accountability measures that include, but are not limited to, all of the following:
(a) A statement indicating the specific purposes of the special tax. (b) A requirement that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a).
(c) The creation of an account into which the proceeds shall be deposited. (d) An annual report pursuant to Section 50075.3.
50075.3. The chief fiscal officer of the levying local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
(a) The amount of funds collected and expended.
78 League of California Cities, Propositions 26 and 218 Implementation Guide, August 2021
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34 | The Trust for Public Land | Conservation Finance Department (b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.
50077. (a) Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city, county, or district may, following notice and public hearing, propose by ordinance or resolution the adoption of a special tax. The ordinance or resolution shall include the type of tax and rate of tax to be levied, the method of collection, and the date upon which an election shall be held to approve the levy of the tax. The proposition shall be submitted to the voters of the city, county, or district, or a portion thereof, and, upon the approval of two-thirds of the votes cast by voters voting upon the proposition, the city, county, or district may levy the tax.
(b) The legislative body of a city, or district, may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the city, or district, or, by agreement with the county, by the county on behalf of the city, or district. If the special taxes are collected by the county on behalf of the city, or district, the county may deduct its reasonable costs incurred for the service before remittal of the balance to the city. (c) The legislative body of a local agency which is conducting proceedings for the incorporation of a city, the formation of a district, a change of organization, a reorganization, a change of organization of a city, a municipal reorganization, or the disincorporation of a city may propose by ordinance or resolution the adoption of a special tax in accordance with the provisions of subdivision (a) on behalf of an affected city or district.
(d) As used in this section “district” means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
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The Trust for Public Land | Conservation Finance Department | 35 Appendix B: How to Count Words
Source: http://www.sbcassessor.com/Elections/ElectionPdf/Call.pdf
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36 | The Trust for Public Land | Conservation Finance Department
With any questions or for more information please contact:
David Weinstein
Western Conservation Finance Director
The Trust for Public Land
(406) 582-6247
[email protected]
or
Jessica Welch
Senior Conservation Research Analyst
The Trust for Public Land
(202) 856-3828
[email protected]
Connecting everyone to the outdoorsTM
tpl.org
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AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: B
SUBJECT:
Presentation of the Fiscal Year 2021 Audited Financial Statements for the City of Hanford from the City's independent external auditors Hudson, Henderson & Company, Inc. Certified Public Accountants.
RECOMMENDATION:
Staff recommends that City Council receive a report by Hudson, Henderson & Company, Inc. of the City's Fiscal Year (FY) 2021 (ending June 30, 2021) Audited Financial Statements.
BACKGROUND:
State law requires the City of Hanford to prepare audited financial statements for each fiscal year. The City received an Unqualified Opinion (clean) in relation to the 2020/2021 financial statements audit for the fiscal year ending June 30, 2021 by its' independent auditors Hudson, Henderson & Company, Inc. The audit can be summarized by:
· Auditors have issued an unqualified (clean) opinion
· Financial condition of the City had mostly positive trends across funds
Based on the audited financials and resolution 2022-20-R:
· General Fund Reserve at 27% based on FY22 Budgeted Expenditures
Over the last couple of years the City Council has established some financial policies to improve the financial condition of the City. The policies as outlined in Resolution 2020-29-R and 2022- 20-R are to:
· Adopt a balanced budget
· Goal of 35% reserve of expenditures in the General Fund for Operating Reserves and Contingency Reserve (Fiscal Emergency)
· Have minimum 15% reserve in Internal Service Funds and Other Funds
For the fiscal year 2020/2021 the City did pass a balanced budget and maintained a General Fund
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Reserve of over 15% and made gain to the City's goal of a 35% reserve as adopted by City Council in Resolution 2022-20-R. Due primarily to better than anticipated revenues over budget and one-time revenues, the City did see an increase in unrestricted fund balance/reserve of approximately $4.2 million. The City’s revenues were higher than budgeted as the COVID19 Pandemic had less of an impact on the City than projected as the economy has recovered.
Based on the FY22 budgeted General Fund expenditures, the reserve will be at 27% (up from 18% prior year) with primary internal service funds (Medical, Liability and Workers Compensation) having at least a required minimum reserve of 15% of expenditures.
Table A - "Governmental Fund Financial Results" below, summarizes how these funds performed and a snapshot as of June 30, 2021 of their condition. The General Fund shows just over $11 million in fund balance, of that approximately $10.9 million is unrestricted which is available for Council’s use which represents a 27% reserve in the General Fund (based on FY22 Budgeted Expenditures) for Operational Reserve (12% of a 20% goal) and Contingency Reserve (15%).
TABLE A:
Governmental Fund Financial Results, 2020/2021
(In Thousands)
Governmental:
Fund
Net
Income
(Loss)
Available
Fund Balance Growing Comment
General Fund 4,210 11,038 Yes
Revenues received were substantially above budget in sales tax and property tax. The GF Reserve is at 35%.
Accumulated
Capital Outlay
(ACO) Fund (190) 4,574 No
Funding will be transferred in from General Fund or Other Funds as directed by Council's Reserve Policy or as otherwise directed by Council for approved capital projects.
Housing 172 20,180 Yes
Restricted Funds: Revenues from new grants, loan payoffs and loan payments (CDBG, HOME and Housing Successor)
Transportation and
Other Funds 1,669 14,872
No -
TIF,Yes -
Others
Restricted Funds: Non-Major Funds includes Transportation, Gas Tax, Transportation Impact Fee (TIF) and Other Funds
The City has four major enterprise funds summarized in Table B for Business Type (Proprietary) Funds that the City has to provide essential services for its residents and businesses.
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TABLE B:
Business Type (Proprietary) Funds Financial Results, 2020/2021 (In Thousands)
Business Type:
Fund
Net
Income
(Loss)
Available
Fund Balance Growing Comment
Water 4,539 15,868 Yes
There are signficant capital needs, staff will continue to monitor and review rates for sustainability.
Wastewater 3,491 1,107 Yes
One major project reduced this fund's balance in FY21, staff will continue to monitor and review rates for sustainability.
Storm Drain 302 5,976 Yes
There are signficant capital needs, staff will continue to monitor and review rates for sustainability.
Refuse 66 278 Yes
There are signficant capital needs, staff will continue to monitor and is in process of reviewing rates.
Airport/Intermodal/
Courthouse (370) (1,556) No
There are signficant operational and capital needs, staff will continue to monitor and review rates for sustainability and payment of past debts.
Enterprise Sub
Total 8,028 23,228
Internal Service 887 12,140 Yes These funds will not typically grow, however, there is a need for adequate reserves in these funds to pay for insurances and internal services.
* Note: Business activity fund equity includes fixed assets which are not expendable resources. As a result, net available cash is shown. Govenmental funds do not include debt nor fixed assets. As a result Fund Balance is shown.
The City should continue to pursue cost reductions, new revenues, cost recovery, minimizing staffing, and keep up on long term planning related to all funds in order to be able to adequately measure financial sustainability.
The fiscal year 2020/2021 audited financial statements have been finalized behind a normal timeline (due in March of each year, at the latest) ideally to be completed by January annually.
This is an improvement of several months from the prior year and staff will work with the auditors to continue to improve timeliness of audit issuance.
The City had no issues or concerns identified in the FY21 audit; however, it did have several in the prior year and those were addressed and corrected. Staff will continue to work to mitigate any concerns or potential concerns by maintaining staff and assigning tasks to proactively keep monthly, quarterly and annual accounting up to date which will help in timely audit issuance.
Potential issues an audit may show
Material Weakness - Deficiency or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis.
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Significant Deficiency - Deficiency or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
The City had no weaknesses or deficiencies identified in FY21.
In the past, a significant contribution to the findings and lack of staff contributed towards delays.
City Council has also authorized an external Certified Public Accountant to assist the City in getting more timely financial entries. There were no findings for the current FY21 audit; the first Audit without any findings in recent years.
Council has in place a comprehensive Reserve and Pension Funding Policy (Resolution 2022-20- R) which will continue to help the City year by year improve its financial standing. It is important to keep in mind, there are significant demands on the General Fund and costs to operate the City continue to increase and generally match or sometimes outpace the growth of revenues especially in the General Fund which limits efforts of the City to take care of deferred needs or increase services.
FISCAL IMPACT:
This matter is informational for Council's review and comment. In accordance with adopted Reserve Policy in Resolution 2022-20-R, $750,000 will be transferred to the City's Workers Compensation Fund to cover liabilities and have a minimum 15% of expenditures reserve for a total reserve of $5,350,000. Based on the FY22 original budget, the General Fund reserve will be at 27% (12% in operating reserve and 15% in Contingency Reserve), Council's adopted goal is 35% of which the City has made progress over the past year.
ATTACHMENTS:
FS FY2021
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AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: B
SUBJECT:
City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Manuel Salazar
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: Manuel Salazar.
After review by the Third Party Administrator, it was determined that the Claim should be rejected for lack of merit in that the damages did not occur in the jurisdiction of the City of Hanford.
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: 6/7/2022
AGENDA SECTION: C
SUBJECT:
City Clerk: Approval of the Minutes of the December 21, 2021 Meeting
Recommendation:
Approve the minutes of the December 21, 2021 Meeting.
FISCAL IMPACT:
ATTACHMENTS:
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CITY COUNCIL MEETING
MINUTES
December 21, 2021 7:00 PM
Council Chambers
400 N. Douty St.
5:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:
Mayor Ramirez called the meeting to order at 5:00 p.m.
ROLL CALL BY THE CITY CLERK :
Present: Francisco Ramirez, Diane Sharp, Kalish Morrow, Art Brieno,
Late: 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:
General Overview of the Police Department and Communications Division Police Chief Parker Sever and Lt. Stephanie Huddleston presented a general overview of the police department and discussed the services provided by: Dispatch, Records Division, Animal Control, School Resource Officers (SRO), Police Service Technician, Parking Control Office r, and the Community Enhancement Officer. Staff also discussed the Hanford Police Activities Program (PAL) and the Junior Explorers Program. Staff answered questions from the Council.
The Council convened to closed Session at 5:51 p.m.
CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
CONFERENCE WITH LEGAL COUNSEL-REAL PROPERTY NEGOTIATIONS (GC 54956.8):
Property: 426 W. Lacey Blvd.
Agency Negotiators: Mario Cifuentez and Ty Mizote
Negotiating Agency: Robert Hughes, Humanity of Tulare/Kings County and Jose Chavarria, Medallion Supply Inc.
Property: APN 012-086-004
Agency Negotiators: Mario Cifuentez and Ty Mizote
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Attachment: 12.21.2021 (Clerk: 12.21.2021 Minutes)
Negotiation Party: Anand Investments, LLC
Property: 113 Court Street
APN: 010-265-001
Agency Negotiators: Mario Cifuentez and Ty Mizote
Negotiation Party: Jerry Irons and Greg Enloe
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 4:54 PM
Art Brieno Council Member Present 4:58 PM
Kalish Morrow Council Member Present 4:55 PM
Amanda Saltray Council Member Late 5:30 PM
Francisco Ramirez Mayor Present 4:45 PM
INVOCATION:
The invocation was led by Pastor Thomas King.
FLAG SALUTE:
The flag salute was led by Mayor Ramirez.
CLOSED SESSION ACTION REPORT :
None.
STAFF COMMUNICATIONS:
City Manager Cifuentez recognized th e staff and highlighted the City's accomplishments f or th e year. He also recognized Parks and Community Services Director Brad Albert for the award of the Prop 68 Grant.
Parks Community Services Director Albert provided an update for the planning for Heroes Park.
COUNCIL REPORTS/COMMENTS:
Vice of Mayor Sharp discussed the meetings and community events she attended.
Council Member Morrow discussed the meetings she attended and thanked the Mayor for his leadership.
Council Member Brieno had nothing to report.
Council Member Saltray discussed the meetings she attended, and she thanked Mayor Ram irez for being a great leader.
Mayor Ramirez discussed the events he attended. He also shared his experience as the Mayor.
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
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Attachment: 12.21.2021 (Clerk: 12.21.2021 Minutes)
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.
Bob Ramos disagreed with the staff recommendation on consent item G (amendment to the purchasing ordinance).
Lou Martinez disagreed with the staff recommendation on consent item G (amendment to the purchasing ordinance).
He also commented on the Heroes Park grant.
REORGANIZATION OF THE CITY COUNCIL - SELECTION OF THE MAYOR AND VICE MAYOR :
Reorganization of the City Council - Annual Selection of the Mayor and Vice Mayor City Attorney Ty Mizote e xplained the reorganization process and called for the nominations for Mayor and Vice Mayor.
Council Member Morrow nominated Diane Sharp for Mayor and Council M ember Brieno nominated Francisco Ramirez for Mayor. The Council approved Diane Sharp for Mayor. 3-0.
Council Member Saltray nominated Kalish Morrow for Vice Mayor. The Council approved Kalish Morrow for Vice Mayor. 5-0.
RECESS:
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion.
There will be no separate discussion of these mat ters 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 Ramirez pulled Item G.
Motion to approve the consent calendar except for the items pulled for separate consideration.
RESULT: APPROVED [UNANIMOUS]
MOVER: Francisco Ramirez, Council Member
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. City Attorney: Consent to Assignment of Subdivision Agreement, between the City of Hanford and Rhetorical Flourish, LLC, for Tract No. 902
C. IT: Approval of the Annual Purchase of Microsoft Software Licen sing in the amount of $52,709.99
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Attachment: 12.21.2021 (Clerk: 12.21.2021 Minutes)
D. Public Works: Approval of a payment to King's Petroleum, for the purchase of unleaded fuel for Fleet Operations, in the amount is $31,338.95.
E. Public Works: Authorization to Advertise for Bids for FY 21/22 Mussel Slough: Laura Lane Pump Installation 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.
F. Finance: Review and Approve the City of Hanford's Fiscal Year 2020/2021 Annual Report of Development Impact Fees (AB 1600 Mitigation Fee Act)
PULLED ITEMS: :
1. Finance: Introduction of Ordinance No. 21- 15, amending Chapters 2.48 of the City of Hanford Municipal Code to update the rules governing the purchase of goods and services for the City of Hanford.
[Item G]
Pulled by Council Member Ramirez.
City Manager Mario Cifuentez and Finance Director Chris Tavarez discussed the ordinance amendments. Staff answered questions from the Council.
Motion to approve.
RESULT: APPROVED [3 TO 0]
MOVER: Kalish Morrow, Vice Mayor
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Morrow, Saltray
ABSTAIN: Brieno, Ramirez
GENERAL BUSINESS:
A. Administration: Authorization to enter into a contract with Integrated Avian Solutions to provide Falconer services, to continue to move the Crow Population in Downtown Ha nford, f or an amount not to exceed $55,600 for Calendar Year 2022.
City Manager Cifuentez discussed the contract and services. He also discussed the partnership with Main Street Hanford. City Manager Cifuentez recommended allocating $10,000 from Business Improvement District (BID) for the contracted services. The remainder will be paid from the General Fund. City Manager Cifuentez answered questions from the Council.
Motion to approve with allocating $10,000 from the BID fund for the contracted services.
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Attachment: 12.21.2021 (Clerk: 12.21.2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Francisco Ramirez, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
B. Fire: Adoption of resolution No. 21- 56-R, authorizing the City Manager to execute the application for the Emergency Vehicle Replacement grant program offered by the San Joaquin Valley Air Pollution Control District (SJVAPCD).
Fire Chief Steve Pendergrass briefly discussed the Emergency Vehicle Replacement grant program offered by the San Joaquin Valley Air Pollution Control District (SJVAPCD) and answered questions from the Council.
Motion to approve.
RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
COUNCIL FUTURE AGENDA ITEMS:
There was a consensus of the Council to direct staff to prepare three future agenda items:
1. The creation of a restricted fund for cannabis revenue, brought forth by Council Member Ramirez.
2. Amending the permit requirements of setbacks for backyard patio s, brought forth by Council Member Brieno.
3. Reducing the utility service late fees, brought forth by Council Member Saltray.
ADJOURNMENT:
Mayor Sharp adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Natalie Corral
City Clerk
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Attachment: 12.21.2021 (Clerk: 12.21.2021 Minutes)
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: D
SUBJECT:
City Clerk: Approval of the Minutes of the January 18, 2022 Meeting
Recommendation:
Approve the minutes of the January 18, 2022 Meeting.
FISCAL IMPACT:
ATTACHMENTS:
1.18.2022
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CITY COUNCIL MEETING
MINUTES
January 18, 2022 7:00 PM
Council Chambers
400 N. Douty St.
4:30 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:
Vice Mayor Morrow called the study session and closed session to order at 4:32 p.m.
ROLL CALL BY THE CITY CLERK :
Present: Kalish Morrow, Amanda Saltray, Art Brieno
Absent: Francisco Ramirez, Diane Sharp
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.
Michelle Brown, Jim Castlem an, Chad Rose, and Dan H umason spoke in s upport of the proposed renovations and improvements to Civic Park.
STUDY SESSION :
A. Update on the KCAG RTP/SCS Presentation
KCAG Executive Director Terri King and DSK Associates Outreach Task Manag er Consultant Kendall Flint presented the KCAG Regional Tr ansportation P lan overview and Kings Regional Vision and answered questions from the Council.
B. Review and Discussion of proposed Renovations and Improvements to Civic Park Parks and Community Ser vices Director Brad Albert discussed the proposed renovations and improvements to Civic Park for the Council's review and direction. City Manager Mario Cifuentez discussed the present ed cost estimates and the importance of community input on the proposed p roject. Mr. Humason answered questions from the Council and shared his knowledge of the history of Court Street. The Council provided their feedback and directed staff to take the project to the Parks and Recreation Commission for their review and feedback .
C. General Overview of the Police Department Operations Police Captain Karl Anderson and Lt. Justin Vallin provided an overview of the Hanford Police Department Operations Division . They discussed the services provided by: Patrol, K9 Unit, Traffic Unit, Homeless Assistance Resource Team (HART), Park Resource Officer, and the Central Valley Regional SWAT.
The Council convened to closed session at 6:05 p.m.
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING :
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (GC 54956.9 (d)(4)):
One potential case.
CONFERENCE WITH LEGAL COUNSEL-REAL PROPERTY NEGOTIATIONS (GC 54956.8):
Property: 113 Court Street
APN: 010-265-001
Agency Negotiators: Mario Cifuentez and Ty Mizote
Negotiation Party: Jerry Irons and Greg Enloe
CALL TO ORDER REGULAR SESSION:
Vice Mayor Morrow called the meeting to order at 7:00 p.m.
ROLL CALL:
Vice Mayor Morrow called the meeting to order at
Attendee Name Title Status Arrived
Diane Sharp Mayor Absent
Art Brieno Council Member Present 4:31 PM
Kalish Morrow Vice Mayor Present 4:24 PM
Amanda Saltray Council Member Present 4:22 PM
Francisco Ramirez Council Member Absent
INVOCATION:
The invocation was led by Pastor Mark Curts.
FLAG SALUTE:
The flag salute was led by Vice Mayor Morrow.
CLOSED SESSION ACTION REPORT:
None.
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 expense (AB1234).
Council Member Saltray discussed the meetings she attended and community events that she participated in.
Council Member Brieno had nothing to report
Vice Mayor Morrow discussed the meetings she attended.
PUBLIC COMMENT:
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
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.
Cheyne Strawn commented on the redistricting and expressed his concerns regarding the on-line mapping tool.
Brent Olson commented on the redistricting. He also suggested extending the draft map deadline.
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 m ade 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 B and J.
Motion to approve the consent calendar except for the items pulled for separate considera tion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Brieno, Morrow, Saltray
ABSENT: Sharp, 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: Authorization to pay an invoice from Ascent Aviation , in the amount of $35,254.12, for the purchase of 100LL Aviation Fuel for the Hanford Municipal Airport.
C. Administration: Ratification of the City Manager's actions to execute and submit all documents necessary for the City to participate in the National Opioid Settlements D. IT: Approval of the Purchase of five (5) Electronic Plan Tables from iProject Solutions, LLC, in the amount of $70,320.00, to be funded out of the SB2 Grant.
E. Public Works: Approval of a Notice of Completion for the FY 20/21 Surve y Monumentation / Benchmark Update P roject and authorize the Mayor to execute and the City Clerk to attest and file said Notice with the Kings County Recorder's Office.
F. Public Works: Approval of Annual Renewal of Zonar GPS, in the amount of $32,580.00, to allow for vehicle tracking on all City of Hanford vehicles.
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
G. Public Works: Approval of a sole source contract to IG Services (IGS) for the purpose of conducting a r ate study for the City of Hanford Refuse division, at a not to exceed cost of $47,000.
H. Public Works: Authorize the purc hase of property located on the north side of Fargo Ave. 350 ft west of the BNSF RR Tracks from Paul Sin gh Family Limited Partnership, a California Limited Partnership, as shown on the attached map, in the amount of $69,510.00 plus escrow fees, accept the attached Grant Deed and authorize the City Manager to execute and the City Clerk to attest and file said deeds with the Kings County R ecorder's Office, and accept the attached Right of Way Agreement and authorize City staff to execute said agreement. (APN 007-360-016) PULLED ITEMS:
1. Council: Approval of the Reappointment of Jacob Sanchez to the Planning Co mmission for a second term
[Item B]
Pulled by Council Member Brieno.
Council Member Brieno will not vote on the item.
Motion to approve.
RESULT: APPROVED [2 TO 0]
MOVER: Amanda Saltray, Council Member
SECONDER: Kalish Morrow, Vice Mayor
AYES: Morrow, Saltray
ABSTAIN: Brieno
ABSENT: Sharp, Ramirez
2. Finance: Second Reading and Adoption of Ordinance No. 21- 15, amending Chapters 2.48 of the City of Hanford Municipal Code to update the rules governing the purchase of goods and services for the City of Hanford.
[Item J]
Pulled by Council Member Brieno.
Council Member Brieno spoke in opposition.
Motion to table.
RESULT: TABLED [2 TO 0] Next: 2/1/2022 7:00 PM
MOVER: Amanda Saltray, Council Member
SECONDER: Kalish Morrow, Vice Mayor
AYES: Morrow, Saltray
ABSTAIN: Brieno
ABSENT: Sharp, Ramirez
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
GENERAL BUSINESS:
A. Public Works: Permission to Advertise the FY 21/22 Civic Auditorium Roof Replacement 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.
Public Works Director John Doyel discussed the project and answered questions from the Council.
Motion to approve.
RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Brieno, Morrow, Saltray
ABSENT: Sharp, Ramirez
B. Review and approve changes to the City's Utility Fees in the Master Fee Schedule for Fiscal Year 2021/2022 (Resolution 22-02-R)
Finance Director Chris T avarez presented the proposed fee changes for the Utility Fees in the Master Fee Schedule Fiscal Year 2021/2022 for the Council's review and c onsideration. Finance Analyst Alejandro Lopez discussed delinquent accounts and answered questions from Council Member Bri eno. The Council expressed their concerns regarding the fees. The Council spoke in support of the recommendation but would like to discuss amending the deposit fee at a future meeting.
Motion to approve.
RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Brieno, Morrow, Saltray
ABSENT: Sharp, Ramirez
C. Finance/Community De velopment: Consideration of appropriating $33,000 for Fiscal Year 2021/2022 and $92,000 anticipated annuall y in the future from the Gen eral Fund for a Code Compliance Officer and add the position to the City's Position Allocation Schedule Finance Director Chris Tavarez discussed the appropriation for a Code Compliance Officer in FY22 and invited questions from the Council. City Manager Mario Cifuentez discussed the need for the addition of a Code Compliance Officer. Council Member B rieno expressed his concerns regarding the budget . He also suggested hiring a part time Code Compliance Officer. Building Official Tom Webb discussed the cha llenges of hiring part-time employee. Vice Mayor Morrow spoke in support of th e position. Staff answered questions from the Council.
Motion to Table.
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
RESULT: TABLED [UNANIMOUS] Next: 2/1/2022 7:00 PM
MOVER: Art Brieno, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Brieno, Morrow, Saltray
ABSENT: Sharp, Ramirez
COUNCIL COMMENTS AND COMMUNICATIONS:
At this time, any Council Member may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may request staff to repor t back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GC 54954.2)
Staff addressed the Council’s comments and concerns regarding the Redistricting.
There was a consensus of the Council to discuss potential Downtown incentive packages at a future study session, brought forth by Vice Mayor Morrow.
ADJOURNMENT:
Vice Mayor Morrow adjourned the meeting at 7:58 p.m.
Respectfully submitted,
Natalie Corral
City Clerk
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Attachment: 1.18.2022 (Clerk: 1.18.2022 Minutes)
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: E
SUBJECT:
City Clerk: Adoption of Resolution 22-23-R Calling for the holding of a General Municipal Election to be held on November 8, 2022 and requesting the Kings County Board of Supervisors to consolidate with the Statewide General Election.
RECOMMENDATION:
That the City Council, by motion, adopt Resolution 22-23-R, calling for the holding of a General Municipal Election to be held on November 8, 2022 and requesting the Kings County Board of Supervisors to consolidate with the Statewide General Election.
BACKGROUND:
The City of Hanford consolidates its municipal elections with the statewide general election and the Kings County Department of Elections will canvass the returns and certify the results. The Elections Department has done an efficient and effective job for the City of Hanford in previous elections. They have the appropriate equipment, prepare and mail the ballots, count the results, and certify the election.
City Council seats for Districts A, D and E will be on the November ballot. As in past practice, the City Clerk will be responsible for the nomination paperwork for candidates.
Resolution 22-23-R calls for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022 for the election of certain Officers as required by the provisions of the laws of the State of California relating to general law cities and requesting the Board of Supervisors of the County of Kings to consolidate with the Statewide General Election.
FISCAL IMPACT:
The County incurrs the cost of the election, but will be reimbursed by the City for the services performed. The cost for the November election is estimated to be $20,000 based on the costs in 2020. These election costs are included in the proposed FY 22/23 budget.
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ATTACHMENTS:
Resolution 22-23-R
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RESOLUTION NO. 22-23-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISION OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KINGS TO
CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HANFORD, CALIFORNIA, DOES RESOLVE, DECLARE DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the Board of Supervisors of the County of Kings is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of electing three (3) members of the City Council for the full term of four years, which ends November 2026 for the following districts:
DISTRICT A
DISTRICT D
DISTRICT E
SECTION 2. That the Board of Supervisors is requested to issue instruction to the County Election Department to take all steps necessary for the holding of the consolidated election. The consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418.
SECTION 3. That the County Election Department is hereby authorized and requested to canvass the returns of said General Municipal Election and to certify such canvass of the votes so cast, to the City Clerk. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 4. That the City of Hanford recognizes that additional costs will be incurred by the County and shall reimburse the County for services performed when the work is completed and upon presentation to the City of properly approved bill.
SECTION 5. The City Clerk is hereby authorized and directed to certify the adoption of this Resolution, transmit to and file with the Board of Supervisors and the County Election Department of the County of Kings.
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Attachment: Resolution 22-23-R (Clerk: Adopt Resolution 22-23-R) SECTION 6. The City Clerk is hereby authorized and directed to give all Notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the election as required by State law.
PASSED, ADOPTED, AND APPROVED this 7nd day of June, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
Kalish Morrow
Mayor of the City of Hanford
ATTEST:
____________________________
Natalie Corral
City Clerk
STATE OF CALIFORNIA )
COUNTY OF KINGS )ss
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the ____ day of __________________, 2022.
Date: ____________________ ___________________________________ City Clerk
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Attachment: Resolution 22-23-R (Clerk: Adopt Resolution 22-23-R)
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: F
SUBJECT:
Fire: Second reading and Adoption of Ordinance No. 22-01, Amending most sections of Chapter
8.11 of the Hanford Municipal Code ILLEGAL FIREWORKS to update definitions, abatement procedures, penalties and re-identify the Hearing
RECOMMENDATION:
Staff recommends the City Council conduct the second reading and adopt No. Ordinance 22-01, Amending most sections of Chapter 8.11 of the Hanford Municipal Code ILLEGAL FIREWORKS to update definitions, abatement procedures, penalties and re-identify the Hearing.
BACKGROUND:
On May 3, 2022, Council introduced Ordinance No. 22-01, an update to the Municipal Code, Chapter 8.11 Illegal Fireworks. Council discussed concerns that illegal fireworks has become a significant hazard to the health and safety of the community. This update attempts to clear up verbiage issues, specifically to the definitions and changing the Hearing Body to a Hearing Officer, appointed by the City Manager. These updates will help with enforcement of the code, with the desired outcome to reduce the use of illegal fireworks in the City.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance 22-01
COH Fireworks Ordinance - 2022 Update
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ORDINANCE NO. 22-01
AN ORDINANCE AMENDING HANFORD MUNICIPAL CODE CHAPTER 8.11
RELATING TO ILLEGAL FIREWORKS
The City Council of the City of Hanford does ordain as follows:
Section 1: Hanford Municipal Code Chapter 8.11 contains regulations relating to illegal fireworks.
Section 2: The regulations contained in Chapter 8.11 were adopted many years ago, and the Council has determined the chapter need s updates for the effective operation of the Fire Department.
Section 3: The City Council of the City of Hanford does ordain that Chapter 8.11 of the Hanford Municipal Code is hereby amended and restated as shown in the attached Exhibit “A” , which is incorporated herein by reference.
Section 4: This ordinance shall take effect thirty (30) days after its passage and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage 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 and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on , 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
ATTEST:
Kalish Morrow
MAYOR of the City of Hanford
NATALIE CORRAL
CITY CLERK
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Attachment: Ordinance 22-01 (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal Fireworks Code)
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the 3rd day of May, 2022, and it was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day ___ of_______________ , 2022.
NATALIE CORRAL
CITY CLERK
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Attachment: Ordinance 22-01 (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal Fireworks Code)
Exhibit
“A”
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Attachment: Ordinance 22-01 (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal Fireworks Code) Chapter 8.11 ILLEGAL FIREWORKS
8.11.010 Short title.
This chapter and Chapter 8.12 of the Hanford Municipal Code (Municipal Code), shall collectively be known and cited as the “Fireworks Ordinance.” (Ord. 18-05 § 1, 2018)
8.11.020 Findings, intent, and general provisions.
A. The city council declares that the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks, defined as “dangerous fireworks” in Section 8.11.080 of this Municipal Code, (collectively “illegal fireworks activities”) are each a threat to the peace, health, safety, quiet enjoyment of residential property, and general welfare of the public and constitute a public nuisance as they affect the neighborhoods in which they occur, as well as the entire community of the City of Hanford. The nuisance created thereby presents an immediate threat to public health and safety, warranting summary abatement by the Fire Chief, Police Chief, or other city-designated official under Government Code Section 38773.
B. While illegal fireworks activities can be tied to a particular residence or property, it is often difficult to tell who at the residence or property engaged in such activities. The owner or tenant of the premises is often in the best position to control, and knows or should know of, illegal fireworks activities on his/her residential or commercial premises, but some owners and tenants fail to prevent such activities. Furthermore, problems associated with the illegal fireworks activities are difficult to prevent and deter unless the Fire Chief, Police Chief, or other designated official of the city has the legal authority to hold responsible the owner or tenant of the premises where illegal fireworks activities occur.
C. The city council, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its residents, and it is the intent of the city council that this chapter promote such interests by creating enforcement mechanisms that impose strict liability on property owners and tenants that deter persons from actively and passively aiding, allowing, or tolerating or failing to prevent illegal fireworks activities on their property. Such intent and purposes are implemented by the imposition of a criminal and civil penalties against parties who intentionally violate this chapter and social hosts (landowners or tenants) who actively or passively aid, allow, tolerate, or fail to prevent illegal fireworks activities on their property.
D. This chapter supplements Chapter 56 of the International Fire Code, as may be amended, and governs the imposition, enforcement, collection and review of administrative fines related to illegal fireworks activities, including the possession, use, storage, sale and/or display of those fireworks classified as “dangerous fireworks” in California Health and Safety Code Section 12505, et seq., as may be amended, and the possession, use, storage, sale and/or display of safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this Municipal Code. The administrative fines are imposed under authority of Government Code Section 53069.4; Health and Safety Code Section 12557; and the police power of the city, all as may be amended.
E. This chapter shall not apply to the public display of fireworks in accordance with Section 5608 of the International Fire Code, as may be amended.
F. This chapter shall not apply to the storage and handling of safe and sane fireworks in accordance with the California Building Code for Class 1.4G fireworks, as may be amended.
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal
8.11.030 Definitions.
“Dangerous fireworks” means any fireworks specified as such in the State fireworks law, Section 12500, et seq., of the Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
“Exempt fireworks” means any special item containing pyrotechnic compositions which the California State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, and agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to:
1. Devices designated by the manufacturer as fireworks.
2. Torpedoes, skyrockets, roman candles, rockets, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. “Residence or other private property” means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, meeting room, office, land, or building, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, business, or location for parties or other social functions, and whether owned, leased, rented, or used with or without compensation. “Responsible person” means a person or persons with a right of possession of the residence or other private property at which illegal fireworks activities occur, including but not limited to:
1. Any individual(s) or business entity(ies) who holds record title to the residence or other private property as of the time of any illegal fireworks activities at the property, wherever that person or entity resides at that time;
2. A tenant or lessee of the residence or other private property at the time when any illegal fireworks activities occur at the property;
3. The person(s) in charge of the residence or other private property at the time when any illegal fireworks activities occur at the property; or
4. A social host.
A responsible person need not be present at the time any illegal fireworks activities occur in order for the city to impose penalties upon such responsible person. Prior knowledge of illegal fireworks activities is not prerequisite to a finding that any specific individual is a responsible person as defined by this section. “Safe and sane fireworks” means any fireworks which do not come within the “dangerous fireworks” definition of Health and Safety Code Section 12505, as may be amended, or exempt fireworks. All safe and sane fireworks shall be labeled with the safe and sane fireworks seal as authorized by the California State Fire Marshal. (Ord. 18-05 § 1, 2018)
“Social host” means a person who organizes, supervises, officiates, conducts, or controls the gathering or any other person responsible for such a gathering where any illegal fireworks activities occur.
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal
8.11.040 General prohibition against possession, sale, use and/or display of fireworks.
Except as otherwise provided in the Fireworks Ordinance, no person shall possess, sell, use, display, explode or discharge any illegal fireworks within the city. Violation of the Fireworks Ordinance shall constitute a public nuisance.
8.11.050 Nuisance abatement and seizure and disposal of fireworks.
A. The Fire Chief, the Police Chief, or the designee of either shall seize, take, remove or cause to be removed, at the expense of the owner, possessor, or responsible person all stocks of fireworks offered or exposed for sale, stored or held in violation of the Fireworks Ordinance.
B. To the fullest extent permitted by law, individuals and entities responsible for violations under this chapter shall be responsible for all costs associated with the safe disposal of all confiscated fireworks, as well as all expenses, costs, fees, and fines associated with the investigation of the charges and enforcement of this chapter, as well as all expenses and costs associated with any emergency response by fire, police, building, and code enforcement departments as a result of a violation. The city will be entitled to all cost recovery allowed under State law and this Municipal Code, including, without limitation, cost recovery for nuisance abatement set forth in Chapter 17.94, as may be amended.
8.11.060 Responsible party, social host, and parent liability.
A. Every responsible person is required to maintain, manage, and supervise their property and all persons thereon in a manner to prevent violations of this chapter and, except as otherwise provided herein, shall be strictly liable for any violations that may occur at their property. The responsible person shall remain liable for such violations regardless of any contract or agreement with any third party regarding the property.
B. Exceptions.
1. The City, in its discretion, may opt to not hold a private property owner liable under this chapter for a violation if the owner can demonstrate that, at the time of such violation, they:
a. Rented or leased the property to another;
b. Were not present at the time of the violation;
c. Had no prior knowledge of, or reason to know of the violation; or d. Had no prior notice of a violation or citation issued to the owner’s tenant who occupied the property at which the violation occurred.
2. No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable under this chapter for violations caused by others in the common areas of the property, solely on the basis of that person’s right to use, possess or occupy that unit.
C. Notwithstanding the foregoing exceptions, nothing in this section shall limit the liability of any social host for a violation of this chapter.
D. In the event that a juvenile engages in illegal fireworks activities or serves as a social host, the juvenile’s parents or guardians will be jointly and severally liable for any penalties levied pursuant to this chapter.
8.11.070 Remedies and Penalties for Violations.
A. Criminal Remedies. Any person who violates any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the agency responsible for prosecution of violations.
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal Upon conviction, the person is subject to punishment by as prescribed in this Chapter 8.11 and any other applicable available remedies in this Municipal Code.
B. Civil Remedies.
1. When the Fire Chief or the Police Chief finds that a person has violated or continues to violate any provision of this chapter, they 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.
2. Nothing contained in this code shall preclude or limit the city from pursuing a civil action for damages against a person or entity 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.
3. 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 violates this chapter, which penalty shall be payable to the city.
C. Administrative Remedies. In addition to any other remedy available at law, an administrative citation may be issued to any person or entity who: (1) possesses, uses, stores, sells and/or displays dangerous fireworks; (2) possesses, uses, sells and/or displays safe and sane fireworks on or at dates, times, or locations other than those permitted; or (3) otherwise engages in illegal fireworks activities or violates this chapter. The imposition of administrative fines under this chapter will, however, be limited to persons who possess, use, sell and/or display, or the seizure of twenty-five (25) pounds or less of dangerous fireworks or persons who possess, use, sell and/or display safe and sane fireworks on or at the dates, times, and/or locations other than those permitted by this code.
1. Issuance of Citation.
a. Whenever the city’s Fire Chief, Police Chief, or a designee of either determines that a violation of this chapter has occurred, the Fire Chief, the Police Chief, or a designee of either shall have the authority to issue an administrative citation to the responsible person. b. Each administrative citation shall contain the following information:
(i) The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
(ii) The address or a definite description of the location where the violation occurred;
(iii) The section of this chapter violated and a description of the violation;
(iv) The amount of the fine for the violation;
(v) 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; (vi) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal (vii) 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 (viii) The name and signature of the individual issuing the citation.
2. Amount of Fines.
a. The amounts of the administrative citation fines for code violations imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council.
b. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity. c. Administrative fines collected pursuant to this chapter shall not be subject to Health and Safety Code Section 12706, as may be amended. The administrative fines collected shall be allocated in compliance with Health and Safety Code Section 12557, as may be amended, which requires the city to provide cost reimbursement to the California State Fire Marshal for reimbursement of costs, including, but not limited to, transportation and disposal of dangerous fireworks. Regulations adopted by the California State Fire Marshal setting forth this allocation shall control. Unless and until such regulations have been adopted by the State of California, the city shall hold in trust a two hundred fifty dollar ($250.00) fee or twenty-five percent (25%) of the fine collected, whichever is greater, in addition to any fine levied, to cover the reimbursement to the California State Fire Marshal for the cost of transportation and disposal of the dangerous fireworks. This fee is non-refundable.
3. Payment of Fines.
a. Fines shall be paid to the city within thirty (30) days from the date of the administrative citation.
b. 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. c. 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.
4. Hearing Request.
a. Any recipient of an administrative citation may appeal the citation by submitting a written request for hearing to the City Clerk or designee within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine. b. Notwithstanding the provisions of subsection a. above, the deposit of the administrative fine shall be waived if the City Manager determines that the appealing party is financially unable to pay such amount. A waiver request must be submitted to the City Clerk with the person’s request for appeal, along with a sworn declaration and other supporting documents and materials showing the person’s actual financial inability to deposit the fine amount. The appealing party bears the burden of demonstrating financial hardship to the satisfaction of the City Manager. If the City Manager determines that a waiver is warranted, the deposit will be waived or partially waived. If the City Manager finds that a waiver is not warranted, the appealing party must, within three (3) business days of the party’s receipt of
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal the City Manager’s written decision, deposit the administrative fine for the person’s appeal to be processed.
c. The person or entity requesting the hearing shall be notified by the city of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. d. If the Fire Chief, the Police chief, or a designee of either 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 five (5) days prior to the date of the hearing.
5. Hearing Officer. The City Manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias, and in no event shall the enforcement officer, nor any other officer or employee in his/her department, be the hearing officer for appeals regarding administrative citations issued under this chapter.
6. Hearing Procedure.
a. Except as otherwise provided herein, no hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance. b. A hearing shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
c. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. d. The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust his/her/their administrative remedies.
e. The administrative citation and any additional report submitted by the Fire Chief, the Police chief, or a designee of either shall constitute prima facie evidence of the respective facts contained in those documents.
f. The hearing officer may continue the hearing and request additional information from the fire chief, the police chief, or a designee of either, or the recipient of the administrative citation prior to issuing a written decision.
7. Hearing Officer’s Decision.
a. 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 the reasons for the decision. The decision of the hearing officer shall be final.
b. 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. c. If the hearing officer determines that the administrative citation should be rescinded, then the city shall promptly refund the amount of the deposited fine. d. If the hearing officer determines that the fine levied under the administrative 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
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal 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. e. The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision.
8. Late Payment Charges. Any person or entity who fails to pay to the city any fine imposed or amount owed pursuant to the provisions of this chapter on or before the date that the fine or amount is due shall also be liable for a late payment charge equal to ten percent (10%) of the unpaid amount, and interest shall accrue thereafter at a rate of one and one-half percent (1.5%) per month on the unpaid fine; provided however, the additional penalty and/or interest shall not apply if collection of the same by the city would violate State law.
9. Recovery of Administrative Citation Fines and Costs. The city may collect any past due administrative citation fines, enforcement and collection costs, and late payment charges by use of all available legal means. Collection costs shall be in addition to any interest and/or late charges imposed upon the delinquent obligation and shall be added to and become a part of 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.
10. Right to Judicial Review. Any person or entity aggrieved by a decision of the 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.
11. Notices. The administrative citation and all notices required to be given by this chapter 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/their last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.
C. Remedies Cumulative. The remedies provided in this chapter are not to be construed as exclusive remedies, and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law, including, without limitation, injunctive relief.
D. Liens and Assessment Against Property for Unpaid Fines and Costs.
1. If the City engages in nuisance abatement pursuant to this chapter, including, without limitation, the seizure of dangerous fireworks, city officials engaging in abatement efforts shall keep an account of the cost of abatement on each separate lot or parcel of land where abatement occurs.
2. Any and all cost recovery remedies associated with nuisance abatement available under the Municipal Code or State law, including, without limitation, the recording of liens and the addition of amounts to the property tax roll, may be utilized by the city for the recovery of amounts owed to the city pursuant to this chapter.
a. If administrative costs, penalties, or other amounts owed to the city pursuant to this chapter are not paid within thirty (30) days of the date of a citation or the date of a city invoice for abatement work, as applicable, or the final disposition of an appeal therefrom, such amounts may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as ad valorem taxes. In such case, the city council shall confirm an account report of amounts owed under this chapter, and, on or before August 10 of each year, a certified copy of the confirmed report shall be filed with the Kings County tax collector for the amounts of the respective assessments against the respective
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Attachment: COH Fireworks Ordinance - 2022 Update (Fire: Waive the second reading of and adopt Oridinance 22-01 to update the Illegal parcels of land as they appear on the current assessment roll. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy, collection, and enforcement of property taxes are made applicable to such special assessments, and the lien of said assessment shall have priority as the taxes with which it is collected.
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AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: G
SUBJECT:
Fire: Approval of the award of the 2021 State Homeland Security Grant Program (SHSGP) funding, in the amount of $28,000 for the Hanford Fire Department, and Authorization to utilize the funding to Purchase Base Station and Apparatus Mobile Radios.
RECOMMENDATION:
That the City Council, by motion, 1) Accepts Homeland Security Grant funding in the amount of $28,000, which will be reimbursed after expenditures; and 2) Authorizes expenditure to purchase base station and apparatus mobile radios, not to exceed $28,000.
BACKGROUND:
The Hanford Fire Department was awarded funding through the 2020 State Homeland Security Grant Program (SGSGP) in the amount of $28,000 to replace base station and apparatus mobile radios. The base station radios in the department have been in service for more than 20 years.
The overall department need is to replace four (4) base station radios, including ancillary accessories (mics, antennas, cables, mounts, and remote heads) and installation for each. Radios are estimated at $7,000 each. This stage of the project will complete 50% of the needed replacement plan. The mobile radios in the department have been passed down in vehicles for years, making most radios exceeding 20 years. Therefore, the overall department need is to replace 10 mobile apparatus radios, and 8 mobile command vehicle radios for a total of 18 radios, including ancillary accessories (mics, antennas, cables, mounts, and remote heads) and installation for each. Radios are estimated at $7,000 each. This purchase will complete the first stage of the project. The overall project will take several years to complete.
FISCAL IMPACT:
This grant will require the appropriation of $28,000 from the General Fund to cover the purchase of the radios with the full cost for this project to be reimbursed by State Homeland Security Grant Program (SHSGP) for $28,000.
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ATTACHMENTS:
2021 SHSGP Hanford FD Final
FY 2021 SHSGP Project Overview
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1 Agreement No. ______
Agreement between the County of Kings and the City of Hanford to provide a sub- award from the FY 2021 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises
THIS AGREEMENT is entered into by and between the County of Kings (“County”) and the City of Hanford (“Sub-recipient”), referred to individually herein as “Party” or collectively as “Parties,” on the following terms and conditions:
WHEREAS, the Fiscal Year 2021 (FY 2021) California State Homeland Security Grant Program (SHSGP) provides funding through Federal grants from the Department of Homeland Security (“DHS”) to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs; and
WHEREAS, County applied to the California Governor’s Office of Emergency Services (“CalOES”) for a FY 2021 SHSGP grant; and
WHEREAS, as part of its grant application, County requested sufficient funds to support certain activities or programs planned by Sub- recipient that may be eligible for SHSGP grant funds; and
WHEREAS, the County was awarded FY 2021 SHSGP grant funding; and
WHEREAS, the County, upon recommendation of the Local Approval Authority (“LAA”), as comprised of the Sheriff, the County Fire Chief, the County Public Health Director, a municipal law enforcement representative, and a municipal fire department representative, as described in the SHSGP Guidelines, allocated some of this funding to support Sub-recipient’s eligible programs or activities.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the County and Sub- recipient hereby agree as follows:
1. GRANT SUBAWARD. Subject to the terms, conditions, and other limitations specified herein, the County intends to award to Sub-recipient a portion of its FY 2021 SHSGP Grant for the following program and/or activity:
Department/Agency: City of Hanford/Hanford Fire Department Program/Activity: Base Station Radios
Mobile Radios
Details about the specific program or activity authorized, the amounts allocated to the specified program or activity, and the anticipated performance and disbursem ent timelines sha ll
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2 be confirmed by subsequent award letter from the County (“Award Letter ”) in accordance with this Agreement.
Sub-recipient agrees not to expend any anticipated FY 2021 SHSGP grant funds until it has received an Award Letter authorizing the specific activity or program, and confirmed the award amount.
Unless Sub-recipient notifies the County before it begins spending the funds authorized in the Award Letter that it declines some or all of the program, activity, and/or funds outlined therein, Sub-recipient will be deemed to have accepted all of the terms and conditions specified in the Award Letter, including any attachments or exhibits there to.
The County reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to Sub- recipient. The County further reserves the right to issue revised Award Letter s to modify Sub-recipient’s authorized program, activity, award amounts, and/or performance periods in accordance with the recommendations of the LAA, the changing needs of Sub- recipient, and/or the likelihood of Sub- recipient expending its award. S uch modifications will only be made after consultation with Sub- recipient and in accordance with the recommendations of the LAA.
2. PERFORMANCE PERIOD. The Performance Period for all activities covered by the terms of this Agreement s hall be from September 1, 2021 to May 31, 2024, unless otherwise terminated pursuant to the terms of this Agreement or set forth in the Performance Letter. Only activities performed during the Performance Period are eligible for funding and/or reimbursement under this Agreement.
3. GRANT REQUIREMENTS AND ASSURANCES. Sub-recipient understands and agrees that by accepting grant funds under this Agreement, it must comply with all requirements, assurances, standards, and certifications as required under the County’s agreement with CalOES, attached hereto as Exhibit A, and incorporated herein by reference as if set forth in full. Sub - recipient further understands and agrees that it shall comply with any and all applicable statutes, regulations, guidelines, or restrictions as imposed by DHS or CalOES. Finally, Sub- recipient understands and agrees that by accepting funds under this Agreement, it shall be bound to the assurances, agreements, covenants, and requirements set forth in the County’s agreement with CalOES to the same extent as the County.
4. DESIGNATED COUNTY AUTHORIZ ED AGENT. Only those individuals designated by resolution of the Kings County Board of Supervisors as Authorized Agents for FY 2021 SHSGP (“County Authorized Agents”) are authorized to sign Award Letters on behalf of the County, or to suspend performance as set forth herein . All other notices from the County may come from other County personnel.
5. PROOF OF SUBRECIPIENT AUTHORITY. Sub-recipient must provide proof to the County of written authorization of this project, in the form of a resolution, or some other format specifically authorized by the County, from its city council, governing board, or other governing body. This written authorization must specify Sub-recipient:
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3 (a) Will provide all matching funds required for the grant project and appropriate any cash match as required;
(b) Will assume any liability arising out of Sub-recipient’s performance of this Agreement;
(c) Will not use grant funds to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) Has authorized the official executing this Agreement to do so.
6. DISALLOWANCE AND OFFSET; REDUCATION, MODIFICATION, OR ELIMINATION OF GRANT FUNDING. If Sub-recipient requests or receives payment from the County for programs, activities, or equipment under this Agreement and the reimbursement is later disallowed by the State of California or the United States Government, Sub- recipient understands and agrees that it shall promptly refund the disallowed amount to the County upon the County’s request. The County may elect, a t its sole option, and to the fullest extent permitted by law, to satisfy the disallowed amount owed from any payment due or to become due to Sub- recipient under this Agreement.
If the County’s FY 2021 SHSGP grant funding is reduced, modified, or eliminated for any reason, the County reserves the right to reduce, modify, or eliminate any or all of this FY 2021 SHSGP grant sub-award to Sub-recipient. Sub-recipient agrees to promptly return any amounts requested by the County in accordance with this provision. At its sole option, the County may choose to satisfy the amount to be returned by reducing the amount due to Sub-recipient from any payment due or to become due under this Agreement.
7. MONITORING AND REPORTS. Sub-recipient is responsible for oversight of the operations of its FY 2 021 SHSGP grant supported activities. Sub- recipient must monitor its activities to ensure compliance with applicable Federal requirements as set forth in Exhibit A.
Sub-recipient agrees to provide ongoing performance and financial reports regarding any and all of its programs and activities funded with FY 2021 SHSGP grant funding. At a minimum, these reports will be due on a semi-annual basis, but the County reserves the right to request more frequent reporting. Within 90 days of completion or termination of this Agreement, Sub-recipient is also expected to provide a final performance report and a final expenditure report in a format acceptable to the County, the State, and the Federal government. Sub-recipient will be notified of any additional required reports by separate Award Letter or notice from the County.
8. MANDATORY DISCLOSURES. Pursuant to 2 CFR section 200.113, Sub-recipient must disclose, in a timely manner, and in writing to the County and DHS, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this sub- award.
Pursuant to the terms and conditions outlined in Appendi x XII to 2 CFR Part 200 (“Award Term and Condition for Recipient Integrity and Performance Matters”), Sub-recipient may also be also required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR section 200.338, “Remedies for noncompliance,” including suspension or debarment.
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4 9. INSURANCE. Sub-recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. Sub-recipient agrees that coverage limits specified within the Agreement will not be used to reduce limits of coverage from Sub-recipient’s full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce available coverage and limits from the insurer. Fa ilure to maintain or renew coverage may be a material breach of this Agreement.
10. LIABILITY OF COUNTY. The County’s payment obligations to Sub-recipient for FY 2021 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purchased, or activities performed in connection with this Agreement.
11. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE. Each Party shall hold harmless, defend, and indemnify the other Party, its agents, officials, officers, and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including injury to any pe rson and/or damage to property arising out of or relating the Party’s acts or omissions under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
12. TERMINATION
(a) Without Cause (For Convenience) : Either Par ty may terminate this Agreement for convenience by giving thirty (30) days prior written notice to the other Party of its intention to terminate pursuant to this provision, specifying the date of termination. After receiving a notice of termination for convenience from Sub-recipient, and prior to the effective date of termination, the County may, in its sole discretion, continue to disburse grant funding to Sub- recipient for the programs or activities permitted under this Agreement and specified in the eff ective Award Letter(s); however, the County specifically reserves the right to cancel or modify some of the programs or activities specified in the Award Letter if it seems unlikely Sub-recipient will complete its work before the termination of the contract. Any funding disbursed to Sub- recipient but not yet spent at the time the Agreement is terminated must be returned to the County. All such disbursements continue to be subject to the restrictions ot herwise provided in this Agreement or by law.
The Parties will not impose sanctions on each other for a termination for convenience.
(b) With Cause: Either party may terminate this Agreement immediately by written notice to the other Party upon discovery of a material breach by the other Party. A material breach includes, but is not limited to: (i) failure to comply with the terms and conditions of this Agreement or of any Award Letter(s); (ii) a material misrepresentation in relation to this grant program; or (iii) failure to comply with all applicable laws or regulations. The Party seeking to terminate this
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5 Agreement will provide written notice of the material breach and its determination to either suspend or terminate this Agreement to the other Party with a specified date of termination. At a Party’s discretion, it may provide the breaching Party with a reasonable period of time to cure the breach. If the County terminates this Agreement for cause, the County reserves the right to reduce, modify, or eliminate any or all of this sub-award and any other outstanding SHSGP sub-awards to Sub-recipient. Upon demand by the County, Sub-recipient agrees to immediately return FY 2021 SHSGP funding that has been disbursed to Sub- recipient and which remains in Sub- recipient’s possession at the time this Agreement is terminated. In addition, the payment of any grant funds that have yet to be disbursed for work already completed by Sub -recipient under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on the County’s confirmation of Sub-recipient’s satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).
The County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure any breach arising out of or resulting from such termination for cause. If this Agreement is terminated for cause, the County may impose sanctions, including possible rejection of future proposals based on specific causes of non- performance.
Furthermore, if this Agreement is terminated for Sub-recipient’s failure to comply with applicable federal statutes or regulations, includi ng, but not limited to, those specifically incorporated into this Agreement by reference, Sub-recipient is advised that the County’s termination decision may be considered in evaluating future applications for federal grant awards. (c) Effects of Completion or Termination: Expiration, completion, or termination of this Agreement shall not terminate the Parties’ obligations to inde mnify, defend, or hold harmless.
Further, it shall not effect Sub- recipient’s duty to maintain and make available any records pertaining to the Agreement; to cooperate with any audit; to be subject to offset; to make any reports of pre -termination contract activities; to honor its obligations related to the disposal or disposition of property purchased with SHSGP funding; to comply with the continuing obligations contained in Exhibit A; or to comply with any other continuing or closeout obligations required by this Agreement or by federal or state law or regulation, including those specified in 2 CFR Part 200. Where Sub-recipient’s activities or programs have been terminated by the County for cause, said termination will not affect any rights of the County to recover damages from or against Sub- recipient.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, the County’s Authorized Agent may immediately suspend performance by Sub-recipient, in whole or in part, in response to health, safety, or financial emergency, a change in SHSGP grant funding to the County , or a failure or refusal by Sub -recipient to compl y with the provisions of this Agreement, until such time as the cause for suspension is resolved or a notice of termination becomes effective.
13. RECORDS. Sub-recipient shall maintain complete and accurate records with respect to the activities, programs, and/or purchases funded by or related to FY 2021 SHSGP funding and/or this Agreement , including all records relating to procurement of goods and services . In addition, Sub-recipient shall maintain complete and accurate records with respect to any payments to employees, sub-sub-awardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures
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6 required by the County or the Federal or State government. All applicable records shall be clearly identified, maintained on site, and be kept readily accessible.
Sub-recipient further agrees to make all such records available to Federal, S tate, and County representatives, as further specified in Exhibit A. Sub-recipient shall ensure that members of the public also have access to such records upon request in accordance with the Freedom of Information Act and the California Public Records Act. Sub-recipient specifically agrees to require any sub-sub-recipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with all of these record keeping and access requirements.
Failure to comply with these requirements may result in suspension of payments under the grant, termination of the grant, or both. Sub- recipient may be ineligible for award of any future grants if the County or Cal OES determines that any of the following has occurred: (1) the recipient has made a false certi fication, or (2) violates the certification by failing to carry out the requirements as noted above.
14. NOTICES. Except as may be otherwise required by law, any notice to be given must be in writing and be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:
COUNTY: With a Copy To:
Chief Bill Lynch
County Fire Chief
Kings County Fire Department/
Office of Emergency Management
County Administrative Officer
1400 W. Lacey Blvd.
Hanford, CA 93230
280 Campus Drive
Hanford, CA 93230
Phone No.: (559) 852-2883
Fax No.: (559) 582-8261
Phone No.: (559) 852-2378
Fax No.: (559) 582- 8261
SUBRECIPIENT:
Hanford Fire Department
Fire Chief
Steve Pendergrass
350 W. Grangeville Blvd.
Hanford, CA 93232
Phone No.: (559) 585-2545
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5 th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.
15. CONFLICTS WITH LAWS OR REGULATIONS/ SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject matter, the conflicting provision shall be considered null
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7 and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be returned to the County. Such a termination will be treated as a termination for cause, as set forth herein. In all other cases, the remainder of the Agreement shall remain in full force and effect.
16. MODIFICATION. No part of this Agreement may be modified without the written consent of both Parties.
17. EXHIBITS AND RECITALS . The Recitals and the Exhibit to this Agreement are fully incorporated into and are integral parts of this Agreement.
18. GOVERNING LAW. This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The Parties agree that this contract is made in and shall be performed in Kings County, California.
19. FURTHER ASSURANCES. Each Party will execute any additional documents and perform any further acts which may be reasonably required to effect uate the purposes of this Agreement.
20. NO THIRD PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
21. CONTINUING WAIVER. The failure of either Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other Party.
22. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.
23. ORDER OF PRECEDENCE. In the event of any conflict or inconsistency between the Agreement and any Award Letter or other communication between the County and Sub- recipient, the terms of this Agreement shall prevail.
24. ASSIGNMENT. This Agreement is entered into by the County in re liance on the identity and representations made by Sub- recipient, and no part of this Agreement or this sub- award (including any equipment purchased with the sub- award) may be assigned, transferred, or sold by Sub- recipient without the prior written consent of the County, which the County may provide, delay, deny, or condition in its absolute discretion. Any FY 2021 SHSGP funds provided to Sub-recipient and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeit to the County at the time of attempted assignment or transfer. Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.
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8 25. COMPLIANCE WITH LAWS. Sub-recipient shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or approvals required by law to perform the activities or services, or to purchase any equipment, specified in this Agreement.
26. CONFLICT OF INTEREST . Sub- recipient agrees to comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. Sub-recipient further agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interest laws, it will immediately inform the County designated representative and provide all information needed for resolution of this question.
27. COUNTERPARTS. The Parties may sign this Agreement in counterparts, each of which is an original and all of which, taken together, form a single document.
28. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the Sub- recipient. As the duly authorized representative of the Sub- recipient, the undersigned hereby certifies that the Sub-recipient has the legal authority to apply for County, State, and Federal assistance and the institutional, managerial and financial capability, including funds sufficient to pay any non-Federal share of pr oject cost, to ensure proper planning, management and completion of the project described in the FY 2021 SHSGP application, within the prescribed timelines.
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9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.
COUNTY OF KINGS
By: ______________________________
Joe Neves, Chairman
Board of Supervisors
Date: ______________________________
ATTEST:
Clerk of the Board of Supervisors
By: ______________________________
Catherine Venturella
Date: ______________________________
Approved as to form:
Diane Freeman, County Counsel
By: ______________________________
Sean Cash, Deputy County Counsel
SUBRECIPIENT
By: ______________________________
Title: ______________________________
Date: ______________________________
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EXHIBIT A
A-1
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A-2
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Attachment: 2021 SHSGP Hanford FD Final (Fire: Accept 2021 SHSGP Funding and Authorize Expenditure to Purchase Base Station and Mobile IJ #6: Strengthen Communications Capabilities
Through Planning, Governance, Technology,
and Equipment
Yes: We can accept partial funding Request competative bids Response Funding 50% of the proposed amount will make for an effective project Evaluate bids and select vendor
Operational Communications order equipment
Build (i.e. a new capability not previously
funded/supported by SHSGP) Installation of equipment
IJ #6: Strengthen Communications Capabilities
Through Planning, Governance, Technology,
and Equipment
Yes: We can accept partial funding Request competative bids Response Funding 50% of the proposed amount will make for an effective project Evaluate bids and select a vendor
Operational Communications Order equipment
Build (i.e. a new capability not previously
funded/supported by SHSGP) Installation of equipment
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
State Homeland
Security Strategy
Goal
1 PROJECT OVERVIEW
Milestone Narratives
04 Project Need Project Overview Investment Justifications, Goals and Objectives
SHSSG #4 Strengthen
Communications
Capabilities through
Planning, Governance,
Technology, and
Equipment
Replace aging base station radios.
The base station radios in the department have been in
service for more than 20 years. The overall department need is to replace four (4) base station radios, including anxilary accessories (mics, antennas, cables, mounts,
and remote heads) and installation for each. Radios are extimated at $7,000 each. This stage of the project will complete 50% of the needed replacement plan.
2 SHSSG #4 Strengthen
Communications
Capabilities through
Planning, Governance,
Technology, and
Equipment
Replace aging mobile radios.
The mobile radios in the department have been passed
down in vehicles for years, making most radios
exceeding 20 years. Therefore, theoverall department
need is to replace 10 mobile apparatus radios, and 8
mobile command vehicle radios for a total of 18 radios, including anxilary accessories (mics, antennas, cables, mounts, and remote heads) and installation for each.
Radios are extimated at $7,000 each. This purchase will complete the first stage of the project. The overall
project will take several years to complete.
03 Partial Funding
Partial funding will cut the number of radios able to be purchased. As long a we do not fall below 50% we should still be able to make half the purchase sought.
Partial funding will cut the number of radios able to be purchased. As long a we do not fall below 50% we should still be able to make half the purchase sought.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
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Security Strategy
Goal
Milestone NarrativesProject Need Project Overview Investment Justifications, Goals and Objectives Partial Funding
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One 07 06
08 09
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
05 10
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Security Strategy
Goal
Milestone NarrativesProject Need Project Overview Investment Justifications, Goals and Objectives Partial Funding
NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Please provide a compelling reason for your responses regarding partial funding, above.
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AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: H
SUBJECT:
Fire: Approval of the award of the 2020 State Homeland Security Grant Program (SHSGP) funding, in the amount of $25,650 for the Hanford Fire Department, and Authorization to utilize the funding to Purchase Portable Radios.
RECOMMENDATION:
That the City Council, by motion, 1) Accepts Homeland Security Grant funding in the amount of $25,650, which will be reimbursed after expenditures; and 2) Authorizes expenditure to purchase handheld portable radios, not to exceed $25,650.
BACKGROUND:
The Hanford Fire Department was awarded funding through the 2020 State Homeland Security Grant Program (SGSGP) in the amount of $25,650 to replace handheld portable radios. Every year, Kings County Office of Emergency Services (OES) is awarded SHSGP funds for use by Kings County public safety agencies to use for submitted projects. This project will provide for a portable radio for all emergency responders. Currently, Hanford Volunteer Firefighters do not have radios assigned, creating a potential safety issue due to lack of emergency scene situational awareness and ability to communicate. This project will also enhance officers capabilities to monitor and communicate on the multiple channels utilized on emergency scenes. Currently, officers carry a single hand-held radio, creating a potential safety issue when utilizing multiple channels.
FISCAL IMPACT:
This grant will require the appropriation of $25,650 from the General Fund to cover the purchase of the radios with the full cost for this project to be reimbursed by State Homeland Security Grant Program (SHSGP) for $25,650.
ATTACHMENTS:
FY 2020 SHSGP Project Overview
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IJ #4: Strengthen Communications Capabilities
Through Planning, Governance, Technology
and Equipment
Yes: We can accept partial funding Within 60 days of the award, the Hanford Fire Department will solicit bids for the purchase of the radios.
Response Funding 80% of the proposed amount will make for an effective project
Within 120 days of the award, the HFD will select a vendor and execute the purchase of the radios.
Fire Management and Suppression Within 180 days of award, HFD will request reimbursement through KCOES.
Sustain (i.e. a capability previously
funded/supported by SHSGP) Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
05 Partial Funding
The requested funding will ensure that all employees and volunteers have a hand-held radio assigned, allowing dispatchers to identify the employee remotely. At 80% funding, the department will be able to enhance safety through communication, but will rely on 'Spare' unassigned radios and will lose the remote identity features.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
This project will provide for a portable radio for all
emergency responders. Currently, Hanford Volunteer
Firefighters do not have radios assigned, creating a
potential safety issue due to lack of emergency scene
situational awareness and ability to communicate.This
project will also enhance officers capabilities to monitor and communicate on the multiple channels utilized on
emergency scenes. Currently, officers carry a single
hand-held radio, creating a potential safety issue when utilizing multiple channels.
02 03
Need Project OverviewState Investment Justifications, Goals and Objectives
Implement the
California Statewide
Communications
Interoperability Plan
Purchase of 25 radios including antenna,
battery, charge, microphone and
programming.
PROJECT OVERVIEW
Milestone Narratives
04 Project Focus
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NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Investment Justification Will your agency or department accept partial funding? Quarter One Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
Please provide a compelling reason for your responses regarding partial funding, above.
05 10
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08 09
07 06
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NPG Mission Areas
If your agency or department is willing to accept partial funding, what is the minimum funding level that will still make for an effective project?
Quarter Two
NPG Core Capability Quarter Three
Capabilities Building Quarter Four
Please provide a compelling reason for your responses regarding partial funding, above.
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1 Agreement No. ______
Agreement between the County of Kings and the City of Hanford to provide a sub- award from the FY 2020 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises
THIS AGREEMENT is entered into by and between the County of Kings (“County”) and the City of Hanford (“Sub-recipient”), referred to individually herein as “Party” or collectively as “Parties,” on the following terms and conditions:
WHEREAS, the Fiscal Year 2020 (FY 2020) California State Homeland Security Grant Program (SHSGP) provides funding through Federal grants from the Department of Homeland Security (“DHS”) to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs; and
WHEREAS, County applied to the California Governor’s Office of Emergency Services (“CalOES”) for a FY 2020 SHSGP grant; and
WHEREAS, as part of its grant application, County requested sufficient funds to support certain activities or programs planned by Sub- recipient that may be eligible for SHSGP grant funds; and
WHEREAS, the County was awarded FY 2020 SHSGP grant funding; and
WHEREAS, the County, upon recommendation of the Local Approval Authority (“LAA”), as comprised of the Sheriff, the County Fire Chief, the County Public Health Director, a municipal law enforcement representative, and a municipal fire department representative, as described in the SHSGP Guidelines, allocated some of this funding to support Sub-recipient’s eligible programs or activities.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the County and Sub- recipient hereby agree as follows:
1. GRANT SUBAWARD. Subject to the terms, conditions, and other limitations specified herein, the County intends to award to Sub-recipient a portion of its FY 2020 SHSGP Grant for the following program and/or activity:
Department/Agency: City of Hanford, on behalf of Hanford Fire Department Program/Activity: Portable Radios
Details about the specific program or activity authorized, the amounts allocated to the specified program or activity, and the anticipated performance and disbursement timelines sha ll be confirmed by subsequent award letter from the County (“Award Letter ”) in accordance with this Agreement.
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2 Sub-recipient agrees not to expend any anticipated FY 2020 SHSGP grant funds until it has received an Award Letter authorizing the specific activity or program, and confirmed the award amount.
Unless Sub-recipient notifies the County before it begins spending the funds authorized in the Award Letter that it declines some or all of the program, activity, and/or funds outlined therein, Sub-recipient will be deemed to have accepted all of the terms and condit ions specified in the Award Letter, including any attachments or exhibits there to.
The County reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to Sub- recipient. The County further reserves the right to issue revised Award Letter s to modify Sub-recipient’s authorized program, activity, award amounts, and/or performance periods in accordance with the recommendations of the LAA, the changing needs of Sub- recipient, and/or the likelihood of Sub- recipient expending its award. S uch modifications will only be made after consultation with Sub- recipient and in accordance with the recommendations of the LAA.
2. PERFORMANCE PERIOD. The Performance Period for all activities covered by the terms of this Agreement s hall be from September 1, 2020 to May 31, 2023, unless otherwise terminated pursuant to the terms of this Agreement or set forth in the Performance Letter. Only activities performed during the Performance Period are eligible for funding and/or reimbursement under this Agreement.
3. GRANT REQUIREMENTS AND ASSURANCES. Sub-recipient understands and agrees that by accepting grant funds under this Agreement, it must comply with all requirements, assurances, standards, and certifications as required under the County’s agreement with CalOES, attached hereto as Exhibit A, and incorporated herein by reference as if set forth in full. Sub- recipient further understands and agrees that it shall comply with any and all applicable statutes, regulations, guidelines, or restrictions as imposed by DHS or CalOES. Finally, Sub -recipient understands and agrees that by accepting funds under this Agreement, it shall be bound to the assurances, agreements, covenants, and requirements set forth in the County’s agreement with CalOES to the same extent as the County.
4. DESIGNATED COUNTY AUTHORIZED AGENT. Only those individuals designated by resolution of the Kings County Board of Supervisors as Authorized Agents for FY 2020 SHSGP (“County Authorized Agents”) are authorized to sign Award Letters on behalf of the County, or to suspend performance as set forth herein . All other notices from the County may come from other County personnel.
5. PROOF OF SUBRECIPIENT AUTHORITY. Sub-recipient must provide proof to the County of written authorization of this project, in the form of a resolution, or some other format specifically authorized by the County, from its city council, governing board, or other governing body. This written authorization must specify Sub-recipient:
(a) Will provide all matching funds required for the grant project and appropriate any cash match as required;
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3 (b) Will assume any liability arising out of Sub-recipient’s performance of this Agreement;
(c) Will not use grant funds to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) Has authorized the official executing this Agreement to do so.
6. DISALLOWANCE AND OFFSET; REDUCATION, MODIFICATION, OR ELIMINATION OF GRANT FUNDING. If Sub-recipient requests or receives payment from the County for programs, activities, or equipment under this Agreement and the reimbursement is later disallowed by the State of California or the United States Government, Sub- recipient understands and agrees that it shall promptly refund the disallowed amount to the County upon the County’s request. The County may elect, a t its sole option, and to the fullest extent permitted by law, to satisfy the disallowed amount owed from any payment due or to become due to Sub- recipient under this Agreement.
If the County’s FY 2020 SHSGP grant funding is reduced, modified, or eliminated for any reason, the County reserves the right to reduce, modify, or eliminate any or all of this FY 2020 SHSGP grant sub-award to Sub-recipient. Sub-recipient agrees to promptly return any amounts requested by the County in accordance with this provision. At its sole option, the County may choose to satisfy the amount to be returned by reducing the amount due to Sub-recipient from any payment due or to become due under this Agreement.
7. MONITORING AND REPORTS . Sub-recipient is responsible for oversight of the operations of its FY 2 020 SHSGP grant supported activities. Sub- recipient must monitor its activities to ensure compliance with applicable Federal requirements as set forth in Exhibit A.
Sub-recipient agrees to provide ongoing performance and financial reports regarding any and all of its programs and activities funded with FY 2020 SHSGP grant funding. At a minimum, these reports will be due on a semi-annual basis, but the County reserves the right to request more frequent reporting. Within 90 days of completion or termination of this Agreement, Sub-recipient is also expected to provide a final performance report and a final expenditure report in a format acceptable to the County, the State, and the Federal government. Sub-recipient will be notified of any additional required reports by separate Award Letter or notice from the County.
8. MANDATORY DISCLOSURES. Pursuant to 2 CFR section 200.113, Sub-recipient must disclose, in a timely manner, and in writing to the County and DHS, all violations of Federal criminal law involving fraud, bribery, or gratuity violati ons potentially affecting this sub- award.
Pursuant to the terms and conditions outlined in Appendix XII to 2 CFR Part 200 (“Award Term and Condition for Recipient Integrity and Performance Matters”), Sub-recipient may also be also required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR section 200.338, “Remedies for noncompliance,” including suspension or debarment.
9. INSURANCE. Sub-recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. Sub-recipient agrees that
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4 coverage limits specified within the Agreement will not be used to reduce limits of coverage from Sub-recipient’s full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce available coverage and limits from the insurer. Failure to maintain or renew coverage may be a material breach of this Agreement.
10. LIABILITY OF COUNTY. The County’s payment obligations to Sub-recipient for FY 2020 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purchased, or activities performed i n connection with this Agreement.
11. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE. Each Party shall hold harmless, defend, and indemnify the other Party, its agents, officials, officers, and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including injury to any person and/or damage to property arising out of or relating the Party’s acts or omissions under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
12. TERMINATION
(a) Without Cause (For Convenience) : Either Party may terminate this Agreement for convenience by giving thirty (30) days prior written notice to the other Pa rty of its intention to terminate pursuant to this provision, specifying the date of termination. After receiving a notice of termination for convenience from Sub-recipient, and prior to the effective date of termination, the County may, in its sole discretion, continue to disburse grant funding to Sub- recipient for the programs or activities permitted under this Agreement and specified in the effective Award Letter(s); however, the County specifically reserves the right to cancel or modify some of the programs or activities specified in the Award Letter if it seems unlikely Sub-recipient will complete its work before the termination of the contract. Any funding disbursed to Sub- recipient but not yet spent at the time the Agreement is terminated must be returned to the County. All such disbursements continue to be subject to the restrictions otherwise provided in this Agreement or by law.
The Parties will not impose sanctions on each other for a termination for convenience.
(b) With Cause: Either party may terminate this Agreement immediately by written notice to the other Party upon discovery of a material breach by the other Party. A material breach includes, but is not limited to: (i) failure to comply with the terms and conditions of this Agreement or of any Award Letter(s); (ii) a material misrepresentation in relation to this grant program; or (iii) failure to comply with all applicable laws or regulations. The Party seeking to terminate this Agreement will provide written notice of the material breach and its determination to either suspend or terminate this Agreement to the other Party with a specified date of termination. At a Party’s discretion, it may provide the breaching Party with a reasonable period of time to cure the
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
5 breach. If the County terminates this Agreement for cause, the County reserves the right to reduce, modify, or eliminate any or all of this sub-award and any other outstanding SHSGP sub-awards to Sub-recipient. Upon demand by the County, Sub-recipient agrees to immediately return FY 2020 SHSGP funding that has been disbursed to Sub- recipient and which remains in Sub- recipient’s possession at the time this Agreement is terminated. In addition, the payment of any grant funds that have yet to be disbursed for work already completed by Sub -recipient under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on the County’s confirmation of Sub-recipient’s satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).
The County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure any breach arising out of or resulting from such termination for cause. If this Agreement is terminated for cause, the County may impose sanctions, including possible rejection of future proposals based on specific causes of non- performance.
Furthermore, if this Agreement is terminated for Sub-recipient’s failure to comply with applicable federal statutes or regulations, including , but not limited to, those specifically incorpo rated into this Agreement by reference, Sub-recipient is advised that the County’s termination decision may be considered in evaluating future applications for federal grant awards. (c) Effects of Completion or Termination: Expiration, completion, or termination of this Agreement shall not terminate the Parties’ obligations to inde mnify, defend, or hold harmless.
Further, it shall not effect Sub- recipient’s duty to maintain and make available any records pertaining to the Agreement; to cooperate with any audit; to be subject to offset; to make any reports of pre -termination contract activities; to honor its obligations related to the disposal or disposition of property purchased with SHSGP funding; to comply with the continuing obligations contained in Exhibit A; or to comply with any other continuing or closeout obligations required by this Agreement or by federal or state law or regulation, including those specified in 2 CFR Part 200. Where Sub-recipient’s activities or programs have been terminated by the County for cause, said termination will not affect any rights of the County to recover damages from or against Sub- recipient.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, the County’s Authorized Agent may immediately suspend performance by Sub-recipient, in whole or in part, in response to health, safety, or financial emergency, a change in SHSGP grant funding to the County , or a failure or refusal by Sub -recipient to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved or a notice of termination becomes effective.
13. RECORDS. Sub-recipient shall maintain complete and accurate records with respect to the activities, programs, and/or purcha ses funded by or related to FY 2020 SHSGP funding and/or this Agreement , including all records relating to procurement of goods and services . In addition, Sub-recipient shall maintain complete and accurate records with respect to any payments to employees, sub-sub-awardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures required by the County or the Federal or State government. All applicable records shall be clearly identified, maintained on site, and be kept readily accessible.
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
6 Sub-recipient further agrees to make all such records available to Federal, S tate, and County representatives, as further specified in Exhibit A. Sub-recipient shall ensure that members of the public also have access to such records upon request in accordance with the Freedom of Information Act and the California Public Records Act. Sub-recipient specifically agrees to require any sub-sub-recipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with all of these record keeping and access requirements.
Failure to comply with these requirements may result in suspension of payments under the grant, termination of the grant, or both. Sub- recipient may be ineligible for award of any future grants if the County or Cal OES determines that any of the following has occurred: (1) the recipient has made a false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
14. NOTICES. Except as may be otherwise required by law, any notice to be given must be in writing and be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:
COUNTY: With a Copy To:
Chief Bill Lynch
County Fire Chief
Kings County Fire Department/
Office of Emergency Management
County Administrative Officer
1400 W. Lacey Blvd.
Hanford, CA 93230
280 Campus Drive
Hanford, CA 93230
Phone No.: (559) 852-2883
Fax No.: (559) 582-8261
Phone No.: (559) 852-2378
Fax No.: (559) 582- 8261
SUBRECIPIENT:
Hanford Fire Department
Fire Chief
Steve Pendergrass
350 W. Grangeville Blvd.
Hanford, CA 93232
Phone No.: (559) 585-2545
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5 th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.
15. CONFLICTS WITH LAWS OR REGULATIONS/ SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject matter, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be returned to the County. Such a termination
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7 will be treated as a termination for cause, as set forth herein. In all other cases, the remainder of the Agreement shall remain in full force and effect.
16. MODIFICATION. No part of this Agreement may be modified without the written consent of both Parties.
17. EXHIBITS AND RECITALS . The Recitals and the Exhibit to this Agreement are fully incorporated into and are integral parts of this Agreement.
18. GOVERNING LAW. This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The Parties agree that this contract is made in and shall be performed in Kings County, California.
19. FURTHER ASSURANCES. Each Party will execute any additional documents and perform any further acts which may be reasonably required to effect uate the purposes of this Agreement.
20. NO THIRD PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
21. CONTINUING WAIVER. The failure of either Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other Party.
22. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.
23. ORDER OF PRECEDENCE. In the event of any conflict or inconsistency between the Agreement and any Award Letter or other communication between the County and Sub- recipient, the terms of this Agreement shall prevail.
24. ASSIGNMENT. This Agreement is entered into by the County in re liance on the identity and representations made by Sub- recipient, and no part of this Agreement or this sub- award (including any equipment purchased with the sub- award) may be assigned, transferred, or sold by Sub- recipient without the prior written consent of the County , which the County may provide, delay, deny, or condition in its absolute discretion. Any FY 2020 SHSGP funds provided to Sub-recipient and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeit to the County at the time of attempted assignment or transfer. Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.
25. COMPLIANCE WITH LAWS. Sub-recipient shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or
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8 approvals required by law to perform the activities or services, or to purchase any equipment, specified in this Agreement.
26. CONFLICT OF INTEREST. Sub-recipient agrees to comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. Sub-recipient further agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interest laws, it will immediately inform the County designated representative and provide all information needed for resolution of this question.
27. COUNTERPARTS. The Parties may sign this Agreement in counterparts, each of which is an original and all of which, taken together, form a single document.
28. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the Sub- recipient. As the duly authorized representative of the Sub- recipient, the undersigned hereby certifies that the Sub-recipient has the legal authority to apply for County, State, and Federal assistance and the institutional, managerial and financial capability, including funds sufficient to pay any non-Federal share of proj ect cost , to ensure proper planning, management and completion of the project described in the FY 2020 SHSGP application, within the prescribed timelines.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.
COUNTY OF KINGS
By: ______________________________
Joe Neves, Chairman
Board of Supervisors
Date: ______________________________
ATTEST:
Clerk of the Board of Supervisors
By: ______________________________
Catherine Venturella
Date: ______________________________
Approved as to form:
Diane Freeman, County Counsel
By: ______________________________
Sean Cash, Deputy County Counsel
SUBRECIPIENT
By: ______________________________
Title: ______________________________
Date: ______________________________
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-1
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EXHIBIT A
A-2
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EXHIBIT A
A-3
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EXHIBIT A
A-4
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EXHIBIT A
A-5
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EXHIBIT A
A-6
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-7
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-8
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-9
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-10
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-11
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
EXHIBIT A
A-12
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EXHIBIT A
A-13
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EXHIBIT A
A-14
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Attachment: 2020 SHSGP Hanford FD Final (Fire: Accept 2020 SHSGP Funding and Authorize Expenditure to Purchase Portable Radios)
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: I
SUBJECT:
Public Works: Authorization to reject a previously approved Contract with Robert Marks Plumbing and Re-Advertise the Civic Auditorium Sewer Main Replacement Project
RECOMMENDATION:
That the City Council by motion:
1. Reject contract from Robert Marks Plumbing previously awarded for the Civic Auditorium Sewer Main Replacement Project.
2. Authorize staff to re-advertise the project.
3. 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.
BACKGROUND:
Staff has previously reported that the Civic Auditorium has some maintenance issues that need to be addressed. One is the damaged clay sewer main leading from the building to Douty Street along the alley behind the Civic known as Fuller Way.
The sewer main has been a problem for several years now and staff has been hydro jetting the line for a couple of years now just to keep it functional. The main was video inspected in 2020 and it was discovered to have a broken failure area in the pipe as well as general deterioration of the main all the way to the street.
This clay section of the sewer line is the original from 1924 and is likely failing in other areas as well. Settling and deterioration has reduced the line's ability to keep up with the flow of effluent.
The appropriate remedy is to replace
The request to reject this contract is due to City staff having a lack of understanding of the work to be performed on this project and inaccurately conveying that scope of work to the contractor.
Additionally, the executed contract omitted asphalt replacement or the inclusion of traffic control
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or an encroachment permit, which is required for the complete scope of work. Lastly, staff is taking the opportunity to include an additional lateral to the main for a possible future park bathroom to be located east of the Teen Center
With Council approval, staff will solicit bids for this project. Project is anticipated to be under construction in late Summer 2022. After bid opening, Staff will examine the bids, validate the lowest bidder's contractor's license status, and verify the contractor is in good standing. Staff is requesting the pre-authorization to award and execute the contract in order to expedite the process of delivery of projects.
FISCAL IMPACT:
The FY 20/21 Accumulated Capital Outlay Reserve provides $53,680 for construction including contengencies. A copy of the budget page is attached for Council review.
ATTACHMENTS:
Budget Page
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822604
Project Background:
Existing Conditions:
Project Justification:
Fiscal Implications:
Project Budget Summary:
2022 2023 2024 2025 2026
Program or Project Construction
Engineering / Inspection 2,000
Construction 46,000
Contingency 4,600
Department Overhead 1,080
Total Expenditure $53,680 $0 $0 $0 $0
Funding
0004 Accumulated Capital Outlay 53,680
Total Funding $53,680 $0 $0 $0 $0
ExpenditureRevenue
Civic Auditorium Sewer Main Replacment Project
The clay sewer main was video inspected last year and it was discovered to have a broken failure area in the pipe as well as general deterioration of the main all the way to the street. Staff has been hydro jetting for a couple of years to keep it functional.
This clay section of the sewer line is the original from 1924 and has reached its' end of life. Settling and time has reduced the line's ability to keep up with the flow of effluent. The appropriate remedy is to replace it.
Funding for this project will be allocated from Accumulated Capital Outlay Reserves. 5-Year Funding Allocation
The Civic Auditorium has been a focal point in the downtown ever since it was built in 1924. It is nearing its' 100th anniversary and the City has prided itself on maintaining this important community structure. Repainting of the lobby and exterior was completed three years ago. In preparation of the building's commemoration some maintenance issues need to be addressed. One is the damaged clay sewer main leading from the building to Douty Street along Furlong drive.
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Attachment: Budget Page (PW: Reject Contract and Re-Advertise the Civic Auditorium Sewer Main Replacement Project)
AGENDA
STAFF REPORT
MEETING DATE: 6/7/2022
AGENDA SECTION: J
SUBJECT:
Public Works: Adoption 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, pass and adopt Ordinance No. 22-06, amending the Hanford Municipal Code to comply with SB 1383 and other State recycling requirements.
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 needed 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 the City's municipal code is updated to reflect the SB 1383 requirements, including granting local jurisdictions the legal authority to enforce its requirements. The Public Hearing for Ordinance 22-06 was conducted on May 17, 2022 where comments were received from Council; there were no comments from the general public.
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After the Public Hearing, minor edits were made to the text of the draft Municipal Code. All such edits are shown in the attached Exhibit A. The edits are considered minor in nature and consist of the following:
· Spelling, grammatical, and typographical corrections. · Formatting corrections.
· Deletion of unused definitions.
· Minor clarifying language.
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:
Ordinance 22-6, Amendment of HMC Ch. 13.12 12.08 and 2.48 Chapter 13.12, Final
Chapter 12.08, final.docx
Chapter 2.48, final.docx
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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: Ordinance 22-6, Amendment of HMC Ch. 13.12 12.08 and 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 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: Ordinance 22-6, Amendment of HMC Ch. 13.12 12.08 and 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 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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Attachment: Ordinance 22-6, Amendment of HMC Ch. 13.12 12.08 and 2.48 (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48
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 ma y 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” or, “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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Attachment: Chapter 13.12, Final (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))
“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 otherwise 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 product 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 at 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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Attachment: Chapter 13.12, Final (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))
“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 directo r 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 of 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; andor,
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 Section 18982(a)(7).
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Attachment: Chapter 13.12, Final (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))
“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 Section 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 discarded food 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 sto rage 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 pro perties 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 products that contain corrosive, toxic, ignitable or reactive ingredients; examples include , consist
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Attachment: Chapter 13.12, Final (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))
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 au thority 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 ordi nance and implementation 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 three (53) 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. For the limited purposes of complying with State regulations, “Multifamily dwelling” shall mean five (5) or more such 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 affects 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 inclu de 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
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Attachment: Chapter 13.12, Final (PW: Amendments to Muni Code Chapters 13.12 (refuse), 2.48 (Purchasing), and 12.08 (Lanscapiing))